scholarly journals Forging Alberta's Constitutional Framework, Richard Connors and John M. Law, eds., and The Alberta Supreme Court at 100: History and Authority, Jonathan Swainger, Ed.

2008 ◽  
Author(s):  
James W. Muir
Keyword(s):  
Twentieth Century ◽  
Supreme Court ◽  
The Other ◽  
Weight Of Evidence ◽  
Recent Issue ◽  
Other Hand ◽  
New Directions ◽  
The Law ◽  
The One ◽  
Made In

In a recent issue I raised the question of whether Canada has developed a distinctive law of its own. With two recent publications it is possible to focus that question more narrowly and ask if there is such a thing as a distinctive Albertan law that has developed over the twentieth century. In the introduction to their book Forging Alberta's Constitutional Framework (Forging), Richard Connors and John Law declare that "Alberta has, in part, forged its own Constitution and its place within Canada's Constitution." This statement perfectly balances the issue: on the one hand, Alberta has its own Constitution that it has made itself; on the other hand, it exists as an entity within the wider Canadian constitutional framework. In his introduction to The Alberta Supreme Court at 100: History and Authority, Jonathan Swainger strikes a similar balance: "In those areas where the Court did act, the weight of evidence suggests that while some aspects of Alberta's jurisprudential path have been creative and forward looking, in others they were less inclined to strike out in new directions.... And if the Court's jurisprudence in a given area might appear tentative or tightly prescribed, in others we find indications of a distinctive "made in Alberta" flavour that did not necessarily tread expected paths."Reading these books introduces us to many interesting parts of Alberta's legal past, but in the end these sometimes unique events do not lead us to conclude that there is much distinct about the law in Alberta, whether in its constitutional framework or in its courts.

scholarly journals COMPROMISE, UNDUE INFLUENCE AND ECONOMIC DURESS Gerolomou Constructions (Pty) Ltd v Van Wyk 2011 (4) SA 500 (GNP)

Obiter ◽  
2021 ◽  
Vol 33 (3) ◽  
Author(s):  
CJ Pretorius ◽  
R Ismail
Keyword(s):  
Supreme Court ◽  
Case Note ◽  
The Other ◽  
Undue Influence ◽  
Other Hand ◽  
The Supreme Court ◽  
The Law ◽  
The One ◽  
Court Of Appeal ◽  
Sound Judgment

The matter of Gerolomou Constructions (Pty) Ltd v Van Wyk (2011 (4) SA 500 (GNP)) alludes to two rather problematic aspects of the law of contract: on the one hand it demonstrates that practically speaking the question of what constitutes an enforceable agreement of compromise is still no easy matter, and despite the sound judgment delivered recently by the Supreme Court of Appeal in Be Bop A Lula Manufacturing & Printing CC v Kingtex Marketing (Pty) Ltd (2008 (3) SA 327 (SCA)), it seems that the judiciary’s interpretation as to when an offer of compromise exists remains difficult to predict. On the other hand the Gerolomou decision deals with improperly obtained consensus by way of undue influence, whereas the facts actually fit more comfortably into the niche of so-called economic duress, a form of procedural impropriety that has yet to be recognized as an independent ground for setting aside a contract in our law. This case note examines these issues against the backdrop of the manner in which the case was pleaded.

State of Fashion: Searching for the New Luxury

APRIA Journal ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 11-16
Author(s):  
José Teunissen
Keyword(s):  
Twentieth Century ◽  
Daily Life ◽  
Life Cycles ◽  
The Other ◽  
Century Model ◽  
Cocktail Party ◽  
The Public ◽  
Other Hand ◽  
The One

In the last few years, it has often been said that the current fashion system is outdated, still operating by a twentieth-century model that celebrates the individualism of the 'star designer'. In I- D, Sarah Mower recently stated that for the last twenty years, fashion has been at a cocktail party and has completely lost any connection with the public and daily life. On the one hand, designers and big brands experience the enormous pressure to produce new collections at an ever higher pace, leaving less room for reflection, contemplation, and innovation. On the other hand, there is the continuous race to produce at even lower costs and implement more rapid life cycles, resulting in disastrous consequences for society and the environment.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

Gender and Social Exclusion in European Migration Crisis

2018 ◽  
pp. 658-676
Author(s):  
Marlou Schrover
Keyword(s):  
Twentieth Century ◽  
Social Exclusion ◽  
Historical Perspective ◽  
The Other ◽  
Men And Women ◽  
Refugee Women ◽  
Other Hand ◽  
Migration Crisis ◽  
The One ◽  
European Migration

This chapter discusses social exclusion in European migration from a gendered and historical perspective. It discusses how from this perspective the idea of a crisis in migration was repeatedly constructed. Gender is used in this chapter in a dual way: attention is paid to differences between men and women in (refugee) migration, and to differences between men and women as advocates and claim makers for migrant rights. There is a dilemma—recognized mostly for recent decades—that on the one hand refugee women can be used to generate empathy, and thus support. On the other hand, emphasis on women as victims forces them into a victimhood role and leaves them without agency. This dilemma played itself out throughout the twentieth century. It led to saving the victims, but not to solving the problem. It fortified rather than weakened the idea of a crisis.

STUDI KRITIS JUAL BELI DEKORASI UANG MASKAWIN

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri
Keyword(s):  
The Other ◽  
Other Hand ◽  
Business Opportunities ◽  
The Law ◽  
The One ◽  
High Level

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.

Dziedzictwo dawnej Rzeczypospolitej w języku pierwszego polskiego przekładu poematu „Metai” Kristijonasa Donelaitisa

2021 ◽  
Vol 12 (2) ◽  
pp. 383-400
Author(s):  
Jolanta Mędelska
Keyword(s):  
Eighteenth Century ◽  
The Other ◽  
Political Journalism ◽  
Other Hand ◽  
Polish Language ◽  
Influence Of Substrate ◽  
The One ◽  
Made In

The author analysed the language of the first Polish translation of the eighteenth-century poem “Metai” [The Seasons] by Kristijonas Donelaitis, a Lithuanian Lutheran pastor. The translation was made in 1933 by a socialist activist and close associate of Józef Piłsudski, Kazimierz Pietkiewicz. The analysis showed that the language of the translation is peculiar. On the one hand, this peculiarity consists in refraining from archaizing the translation and the use of elements that are close to the translator’s style of social-political journalism (e.g., dorobkiewicz [vulgarian], feministka [feminist]), on the other hand, the presence at all levels of language of peculiarities characteristic for Kresy Polish language in both its territorial variations. These are generally old features of common Polish, the retention of which in the eastern areas of the Polish Rzeczpospolita was supported by the influence of substrate languages, later also Russian, or by borrowing. This layer was natural in the language of the translator, born in Ukraine, who spent part of his life in Vilnius, some in exile in Russia. This is the colourful linguistic heritage of the former Republic of Poland.

Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  
Keyword(s):  
Employment Relationship ◽  
The Other ◽  
Employment Contract ◽  
Other Hand ◽  
Unilateral Termination ◽  
The Law ◽  
The One ◽  
Rules Set ◽  
Final Calculation

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

scholarly journals ETHICAL PRINCIPLES OF SOCIETY AS REGULATORY FACTORS OF CIVIL LAW OF UKRAINE: THE ISSUE OF VALIDITY

2019 ◽  
pp. 16-20
Author(s):  
V. Кroitor
Keyword(s):  
Civil Law ◽  
The Other ◽  
Ethical Principles ◽  
Regulatory Requirements ◽  
Regulatory Factors ◽  
Other Hand ◽  
Moral Rules ◽  
The Law ◽  
The One

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".

Re-Visiting the Implications of Contemporary Epistemological Models for the Understanding of Religious Experience: an Overview

2004 ◽  
Vol 11 (3-4) ◽  
pp. 278-297 ◽  
Author(s):  
Daniel P. Veldsman
Keyword(s):  
Twentieth Century ◽  
Religious Experience ◽  
Historical Context ◽  
Science And Religion ◽  
The Other ◽  
Other Hand ◽  
Theology And Science ◽  
The One ◽  
Culturally Embedded

AbstractThe more recently proposed epistemological models (cf Gregersen & Van Huyssteen, eds., Rethinking Theology and Science: Six Models for the Current Dialogue) within the context of the science and religion debate, have opened up galaxie,s of meanirzg on the interface of the debates which are inviting for exploralive, theological travelling. But how are we epistemologically to judge not only oui journets but also the rethinking of the implications of these epistemological models for our understanding of religious experience and our experience of transcendence? The interdisciplinary space that has been opened up in an exciting post-foundational manner zuithirz these very debates, leaves us as rational persons, embedded in a very specific social and historical context, with the haunting cognitive pluralist question on how to reach beyond the limits of our own epistemic traditions (Wentzel van Huyssteen). This question is pursued as an effort on the one hand to unmask epistemic arrogance and, on the other hand, not to take refuge in the insular comfort of internally closed language-systems. It is an effort to address relativism and a 'twentieth-century despair of any knozuledye of reality' (Polkinghorne). It is finally an effort to conceptually revisit the implications of tltese models for our understanding of our culturally embedded religious experience.

scholarly journals Breaking Up the Unity of the World: Peter Fitzpatrick’s Conception of Responsive Law

2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt
Keyword(s):  
Rule Of Law ◽  
The Other ◽  
Short Article ◽  
The Rule Of Law ◽  
Other Hand ◽  
The World ◽  
The Law ◽  
The One ◽  
The Ideal

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.

Sign in / Sign up

Export Citation Format

Share Document