ВСТАНОВЛЕННЯ ПРАВОНАСТУПНИЦТВА ЮРИДИЧНОЇ ОСОБИ – КРЕДИТОДАВЦЯ В КРЕДИТНИХ ВІДНОСИНАХ ПРИ ЗМІНІ НАЗВИ ТА ВИДІВ ДІЯЛЬНОСТІ: ПРОБЛЕМНІ ПИТАННЯ ПРАКТИКИ «ОНОВЛЕНОГО СКЛАДУ» ВЕРХОВНОГО СУДУ (Doctrinal Analysis of the Conditions of Legal Succession (by Supreme Court Legal Cases))

2018 ◽  
Author(s):  
Anatoliy Kostruba
Keyword(s):  
Supreme Court ◽  
Legal Cases

Defining Pornography

2021 ◽  
pp. 16-32
Author(s):  
Emily F. Rothman
Keyword(s):  
Reproductive Health ◽  
Social Science ◽  
Supreme Court ◽  
Health Information ◽  
Sexually Explicit Media ◽  
Legal Cases ◽  
Sexually Explicit ◽  
The 1960S ◽  
Definition Of ◽  
Sex Wars

The concept of pornography is a relatively modern intervention. This chapter reviews the historical roots of the idea that certain sexually explicit materials should be put off limits. Anthony Comstock’s moral crusade against pornography and its implications for access to sexual and reproductive health information are highlighted. The chapter reviews landmark Supreme Court and other US legal cases that had ramifications for how we define obscenity and pornography and provides an overview of the feminist sex wars of the 1960s to 1990s. The chapter presents a social science definition of pornography and argues that the diversity of sexually explicit media complicates research on its impacts.

scholarly journals Hermenêutica Filosófica e Direito: Contribuições Teóricas

2013 ◽  
Vol 8 (1) ◽  
Author(s):  
Luíza Kitzmann Krug
Keyword(s):  
Supreme Court ◽  
Martin Heidegger ◽  
Viable Alternative ◽  
Philosophical Hermeneutics ◽  
Legal Cases ◽  
Ontological Turn ◽  
Hans Georg Gadamer ◽  
Federal Supreme

Resumo: Este artigo objetiva explorar as contribuições teóricas da Hermenêutica Filosófica ao Direito brasileiro. A discussão é contextualizada através da abordagem da superação da metafísica clássica pelo giro ontológico-linguístico. Realiza-se a análise da crise de paradigmas de dupla-face vigente da dogmática jurídica brasileira, representada pela crise do paradigma liberal-individualista-normativista e do paradigma da filosofia da consciência. Com base nos filósofos Martin Heidegger e Hans-Georg Gadamer, realiza-se um estudo da questão interpretação do Direito por meio da Hermenêutica Filosófica, trabalhando-se os conceitos de pré-compreensão, applicatio e tradição. Demonstra-se de que maneira a Hermenêutica Filosófica é uma alternativa viável de interpretação do Direito brasileiro, especialmente no que tange à jurisdição constitucional. Ao final, realiza-se a análise de julgados para verificar a extensão da inserção das teses abordadas no âmbito do Supremo Tribunal Federal. Palavras-chave: Hermenêutica Filosófica; Metafísica; Giro ontológico-linguístico; Jurisdição Constitucional; Supremo Tribunal Federal brasileiro. Abstract: This article aims to explore the theoretical contributions of Philosophical Hermeneutics to Brazilian Law. The debate is contextualized through the approach of the overcoming of classical metaphysics by the linguistic-ontological turn. It is carried out the analysis of the double-front paradigm crises that is taking place in the Brazilian legal dogmatic, represented by the crises of the liberal-individualistic-normative paradigm and of the philosophy of conscience paradigm. Based on the works of the philosophers Martin Heidegger and Hans-Georg Gadamer, it is carried out a study of the matter of interpretation of Law through the Philosophical Hermeneutics, working up the concepts of preunderstanding, applicatio and tradition. It is shown in which way the Philosophical Hermeneutics is a viable alternative of interpretation of Brazilian Law, especially in what concerns constitutional jurisdiction. At the end, it is carried out the analysis of legal cases in order to verify the extension of insertion of the approached thesis in the realm of the Brazilian Supreme Court. Keywords: Philosophical Hermeneutics; Metaphysics; Linguistic-Ontological Turn; Constitutional Jurisdiction; Brazilian Federal Supreme Court.

scholarly journals Evidence, Persuasion and Diversity

2020 ◽  
Vol 40 (2) ◽  
pp. 237-254
Author(s):  
Derek Allen
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Constitutional Law ◽  
Background Information ◽  
Supreme Court Of Canada ◽  
Legal Cases ◽  
Aboriginal Law ◽  
Primary Focus ◽  
Relevant Material ◽  
Selection Of

My topic is the theme of the E-OSSA 12 conference, namely Evidence, Persuasion and Diversity. I will present relevant material from a selection of Canadian legal cases, along with background information as needed and commentary. My primary focus will be on two landmark Supreme Court of Canada cases—an Aboriginal law case and a case that was both a constitutional law case and a criminal law case.  

scholarly journals Governmental-Funded Religious Associations and Non-Discrimination Rules: On Immunity and Public Funding

2020 ◽  
Vol 33 (2) ◽  
pp. 341-367 ◽  
Author(s):  
Nahshon Perez
Keyword(s):  
Supreme Court ◽  
Public Funding ◽  
Liberal Democracies ◽  
Legal Cases ◽  
Religious Associations ◽  
The Government ◽  
Religion And State ◽  
The Right ◽  
Governmental Funding ◽  
Discrimination Rules

Many religious associations exhibit internal norms that differ from liberal norms and rules. Such norms often directly contradict the non-discrimination norms and rules that are part and parcel of the liberal democracies in which these associations operate. Religious associations often are considered, in both legal and scholarly writings, exempt from at least some of these norms and rules. This tension between broad societal non-discrimination1 rules and the norms of specific religious associations has won the attention of scholars and courts.2 In many such debates, the background assumption is that these religious groups are voluntary associations functioning within a model of separation between religion and state; that is, such associations operate through the free choices of their members and individuals are as free to leave the associations as they were to form them.3 While theorizing about non-discrimination rules and whether they apply to religious associations that are funded via the contributions of their members is of obvious importance, this article examines a distinct problem: that of discrimination within religious associations that are directly supported by democratic governments. Recent research on religion-state relations4 has pointed out that, in many democratic countries, religious associations are funded by the government to a considerable extent. The tension between non-discrimination norms and the presumed rights of the state-funded religious associations to be exempted from such rules, however, is neglected in the literature. Perhaps this is because the most prominent legal cases of this kind were tried at the European Court of Human Rights5 and the U.K. Supreme Court,6 rather than the more conspicuous U.S. Supreme Court. This article asks the following question: in what way, if at all, does receiving governmental funding change the presumed right of religious associations to be exempted from non-discrimination rules? The ‘immunity thesis’—the idea that religious associations enjoy the right to be exempted from non-discrimination rules—is not challenged here: this article argues that if there is such a right to immunity, receiving governmental funding does not necessarily eliminate it. Much depends on how each case maintains the balance between the autonomy of religious associations7 and the protection of individual citizens from discrimination that impacts important civil interests such as access to jobs or high-quality education. Of the suggested variables identified to test this balance, three are internal to the associations’ structure: the centrality of the potentially illiberal norm to the funded religious association; the kind of violation of non-discrimination rules (either internal or external discrimination, see below); and the willingness of the religious association to internalize the cost of the discrimination. Two additional variables that can be used to test the balance of competing social values are external to the association and depend on the political-legal environment in which the association functions: the quantity of funding that the government makes available to the association, and the process by which potentially competing religious associations can become eligible for recognized and funded status. A multivariable ‘test’ is required in order to determine whether and how governmental funded religious associations can still claim immunity when practicing discriminatory norms.

scholarly journals Korean court cases regarding research and publication ethics from 2009 to 2020

2021 ◽  
Vol 8 (1) ◽  
pp. 98-103
Author(s):  
Ju Yoen Lee
Keyword(s):  
Supreme Court ◽  
Copyright Law ◽  
Publication Ethics ◽  
Court Cases ◽  
Criminal Cases ◽  
Legal Cases ◽  
Ethical Misconduct ◽  
The Supreme Court ◽  
Data Fabrication ◽  
Ethical Norms

Research and publication misconduct may occur in various forms, including author misrepresentation, plagiarism, and data fabrication. Research and publication ethics are essentially not legal duties, but ethical obligations. In reality, however, legal disputes arise over whether research and publication ethics have been violated. Thus, in many cases, misconduct in research and publication is determined in the courts. This article presents noteworthy legal cases in Korea regarding research and publication ethics to help editors and authors prevent ethical misconduct. Legal cases from 2009 to 2020 were collected from the database of the Supreme Court of Korea in December 2020. These court cases represent three case types: 1) civil cases, such as affirmation of nullity of dismissal and damages; 2) criminal cases, such as fraud, interference with business, and violations of copyright law; and 3) administrative cases related to disciplinary measures against professors affiliated with a university. These cases show that although research and publication ethics are ethical norms that are autonomously established by the relevant academic societies, they become a criterion for case resolution in legal disputes where research and publication misconduct is at issue.

scholarly journals The role of interpretation of the law in the mechanism of bridging gaps in the law

2020 ◽  
pp. 107-112
Author(s):  
Yu. I. Matat
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
Legal Cases ◽  
The Rule Of Law ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Law

The article is devoted to the study of the legal nature of the interpretation of law, its features, as well as the role in overcoming gaps in the law. Attention is focused and substantiated that the interpretation of legal norms, being a necessary element of the legal regulation mechanism, plays the important role in the process of overcoming gaps in law. So, by means of various methods of interpretation, in particular, formal gaps are overcome, which, in turn, may arise as a result of an unsuccessful presentation of legal norms by the legislator. It is determined that when applying the rule of law by analogy, such a rule in the particular situation should be interpreted not as part of the institution from which it is borrowed, but as part of the institution, the gap in which it is designed to overcome. This is due to the fact that the rule applied by analogy is subject to double influence: on the one hand, it generally retains its original meaning, on the other - partially adapts to the characteristics of the institution in which the gap is overcome through it. The role of official interpretation in the process of application of the law in the conditions of gaps in the legislation is clarified, the role of recommendatory explanations provided by higher courts on the issues of application of the legislation is investigated. In Ukraine, these powers, in accordance with the Law of Ukraine "On the Judicial System and the Status of Judges" dated June 02, 2016, are assigned to the Plenum of the Supreme Court, in order to ensure the same application of the rules of law in solving certain categories of cases, generalizes the practice of applying substantive and procedural laws, systematizes and ensures the promulgation legal positions of the Supreme Court, as well as based on the results of the analysis of judicial statistics and generalization of judicial practice, it provides explanations of the recommendatory nature on the application of legislation in solving court cases. It is concluded that the importance of the interpretation of law is primarily to ensure full and accurate disclosure of the functions of legal acts as a source and form of existence of legal norms, other substantive elements of the legal system. The interpretation concretizes the law, which allows law enforcement agencies to ensure the resolution of legal cases in strict accordance with the constitutional principles of legal certainty, legality and the rule of law.

scholarly journals KEDUDUKAN ASAS KEADILAN BERIMBANG DALAM HUKUM KEWARISAN ISLAM DIKAITKAN DENGAN PERATURAN MAHKAMAH AGUNG R.I. NOMOR 3 TAHUN 2017 TENTANG PEDOMAN MENGADILI PERKARA PEREMPUAN BERHADAPAN DENGAN HUKUM

2020 ◽  
Vol 32 (2) ◽  
pp. 243
Author(s):  
Haniah Ilhami
Keyword(s):  
Supreme Court ◽  
Conceptual Approach ◽  
Inheritance Law ◽  
Legal Cases ◽  
The Supreme Court

AbstractIdentifying the interrelation between the Principle of Equality of Justice in Islamic Inheritance Law and the Principle of Non-discrimination in Supreme Court Regulation Number 3 years 2017 concerning Guidance on Presecuting Legal Cases Involving Women, this normative research conducts legal comparisons using a conceptual approach. This research finds the independence the Principle of Equality of Justice, due to the application of the principle which is not determined by the Supreme Court Regulation No.3 / 2017. Furthermore, the principle does not substantially contradict with the Principle of Non-discrimination.IntisariPenelitian ini didasarkan pada adanya persinggungan antara Asas Keadilan Berimbang dengan konsep non diskriminasi yang diusung oleh PERMA No. 3/2017. Asas Keadilan Berimbang membedakan bagian antara ahli waris perempuan dan ahli waris laki-laki, sementara PERMA No.3/2017 melarang hakim untuk melakukan pembedaan ataupun pembatasan yang dibuat atas dasar jenis kelamin yang mempunyai dampak mengurangi hak-hak tertentu bagi para pihak yang berperkara di pengadilan. Penelitian bertujuan untuk mengkaji kedudukan asas Keadilan Berimbang dalam penyelesaian perkara waris Islam pasca ditetapkannya PERMA No. 3/2017. Penelitian ini merupakan penelitian hukum normatif dalam bentuk perbandingan hukum dengan menggunakan pendekatan konseptual (conceptual approach) Penelitian menyimpulkan bahwa Asas Keadilan Berimbang merupakan asas yang independen karena penerapan dan penegakannya tidak bergantung serta tidak bertentangan dengan prinsip Non Diskriminasi yang diatur dalam PERMA No.3/2017.

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