scholarly journals The narrative of Decalogue as an integrated expression of the basic principle of formation of Jewish law

2020 ◽  
pp. 52-70
Author(s):  
Dmytro Frankiv
Keyword(s):  
Legal Aspect ◽  
Jewish Law ◽  
Moral Law ◽  
Biblical Law ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Legal Principles ◽  
Close Relationship ◽  
Theological Understanding ◽  
Educational Principle

The purpose of this article was to comprehensively explore the phenomenon of the narrative of the Decalogue in its fundamental principles in the context of the theological understanding of Jewish law. For this purpose abstract-logical methods, historical-legal, phenomenological, axiological, epistemological methods, method of critical and systematic analysis and method of comparative theology were used. The result is a theological understanding of the basic moral and legal principles and reducing to a single, systematic; a study of the correlation between the normative and the moral side of such a narrative was conducted. Of particular importance is the establishment and isolation of the basic initial principle in the defined context that underlies both Sinai law and all the biblical law. Because with the change of historical realities, which coincided with the destruction of the Temple and the termination of sacrifices, the law has also changed. However, the biblical law was of particular ideological importance, it set the tone and revealed and formed the basic principles for the further development of all Jewish law. Therefore, in our study we have drawn attention to the main ideological features of the biblical laws, because in our opinion, the basic formative essence is hidden in them and only by understanding it − will we be able to understand Jewish law itself. However, the phenomenon of law and even more so of Jewish law, is one of the best regulators and exponents of the educational principle that is designed to raise a person in love. Of course, morality is called for it and it should take precedence over everything else, but the legal part should not be ignored. Law should serve as a socially just, integrative, fundamental, binding, most effective, most respected regulator. Therefore, the problem of combining legal principles and moral precepts for biblical law did not stand basically. The significant part of the adopted legal norms initially was characterized by moral prescriptions, confirmed and expressed by law. Such a transition, the shift from morality to law, and the close relationship between them are one inseparable whole. And apart from Halacha, which was responsible for the legal aspect (the transition from morality to law), there were also the writings of the prophets whose task was to illuminate the transition from law to morality, because precisely morality is the essence of everything. Here is the true meaning of the existence of a legal expression of such an educational principle. Thus, the basic educational principle of the Decalogue, in particular, and of biblical law in general, was to educate a high-moral person who had restrictive precepts that would not allow him to fall into lawlessness (moral law), and the formative commandments that would allow a person to be educated in the search for God, and to stabilize himself in the godlike state commanded by God through Moses. That is the essence of the Decalogue and Jewish law. The educational principle, both basic and effective, though not so familiar to the modern understanding of the nature of law, is precisely the principle that laid down both the basis of the Decalogue and the foundation of all Jewish law at least in its biblical part.

Formation of the education system in South Ossetia - State of Alania: structure and organizational and pedagogical features of management, legal aspect

2021 ◽  
pp. 79-85
Author(s):  
Marina R. Dzagoeva ◽  
Arthur А. Tuaev
Keyword(s):  
Education System ◽  
Legal Aspect ◽  
Legal Aspects ◽  
Educational Process ◽  
Classical Level ◽  
Systematic Analysis ◽  
South Ossetia ◽  
Legal Norms ◽  
The Republic ◽  
High Level

The article deals with the management system in the educational sphere of South Ossetia-the State of Alania, both during the reform of the Soviet system and at the present time. Hard times for the republic, 1989-2008, negatively affected the socio-economic development of the country as a whole, and in particular had an impact on the education system of South Ossetia. Currently, the only university in the country – the South Ossetian State University-has retained the positive aspects of Soviet education, including training at the classical level of higher education-specialty. The authors note that at present knowledge is the main factor in the development of the young state. The importance of cooperation in the field of education of the young state and the Russian Federation is invaluable. Integration processes with Russia are supported by normative legal acts in the field of science and education-contracts, agreements. The article presents the current structure of education in South Ossetia and the main indicators. For the further development of South Ossetia at the present stage, it is important to ensure a high level of the educational process. The author also draws attention to the decrease in the number of the country’s population, which was caused by political and legal aspects. No matter what natural resources the region has, without a professional approach to management, and without knowledge, there will be no development, because in the context of globalization, new innovative approaches to management are extremely important. There is a need for a systematic analysis of educational practices, as well as the organization, planning and control of educational activities based on compliance with legal norms.

The Laws of Hammurabi

2020 ◽  
Author(s):  
Pamela Barmash
Keyword(s):  
Eighteenth Century ◽  
Roman Law ◽  
Intellectual Culture ◽  
Biblical Law ◽  
Intellectual Tradition ◽  
Legal Principles ◽  
Copernican Revolution ◽  
The Subject ◽  
The Law

The Laws of Hammurabi is one of the earliest law codes, dating from the eighteenth century BCE Mesopotamia (ancient Iraq). It is the culmination of a tradition in which scribes would demonstrate their legal flair by composing statutes on a repertoire of traditional cases, articulating what they deemed just and fair. The book describes how the scribe of the Laws of Hammurabi advanced beyond earlier scribes in composing statutes that manifest systematization and implicit legal principles. The scribe inserted the statutes into the structure of a royal inscription, skillfully reshaping the genre. This approach allowed the king to use the law code to demonstrate that Hammurabi had fulfilled the mandate to guarantee justice enjoined upon him by the gods, affirming his authority as king. This tradition of scribal improvisation on a set of traditional cases continued outside of Mesopotamia, influencing biblical law and the law of the Hittite Empire and perhaps shaping Greek and Roman law. The Laws of Hammurabi is also a witness to the start of another stream of intellectual tradition. It became a classic text and the subject of formal commentaries, marking a Copernican revolution in intellectual culture.

scholarly journals Educational audiovisual text design: empirical evidence and new research perspectives

2021 ◽  
Vol 13 (2) ◽  
pp. 28-35
Author(s):  
Giovanni Ganino
Keyword(s):  
Point Of View ◽  
Educational Technologies ◽  
Systematic Analysis ◽  
Design Elements ◽  
Research Perspectives ◽  
Close Relationship ◽  
Massive Online Open Courses ◽  
Depth Study ◽  
New Research ◽  
Instructional Design Principles

Abstract The article presents a systematic analysis of international literature concerning the design of educational audiovisual texts at university level. The theme appears very important in light of the extensive use of these cognitive artefacts in flipped, blended,Massive Online Open Courses (MOOCs) teaching processes. This is even more important in the era of health emergency that has led to the use of audiovisual text as the main teaching medium at school and university. The aim of the work is to provide a contribution to research on educational technologies for the purpose of identifying new instructional design principles that support multimedia learning. The analysis highlighted new research directions, such as the significant role of the camera point of view in learning complex manual procedures, new design elements on the ways of representing the teacher and his/her communicative attitude, and the increasingly close relationship between educational sciences and neuroscience. The result may be useful, on the one hand, as a stimulus for an in-depth study of the new lines of research identified, by researchers on educational technologies, and on the other, for a more informed evidence-based use of audiovisual texts in teaching practices.

The Right to Return: The Biblical Law of Theft

2010 ◽  
pp. 28-41 ◽  
Author(s):  
Eliakim Katz ◽  
Jacob Rosenberg
Keyword(s):  
Detailed Analysis ◽  
Economic Model ◽  
Jewish Law ◽  
Biblical Law ◽  
The Law ◽  
The Right

This article focuses on the law surrounding the biblical law of theft. According to Jewish Law, a thief who is caught and found guilty must return the stolen article and, in addition, pay the owner a fine equal to the value of the article. The thief can avoid this fine by admitting to the theft on his own initiative in a court and returning the stolen article to its owner. This article refers to such canceling of a fine as a pardon. The pardon is explained in the Talmud by the legal dictum “Mode BeKnass Patur,” that is “he who confesses in a fine is exempt”. This article carefully explains economic model with the help of various graphs. This article also explains two issues which require consideration in assessing whether Eliezer acted properly as an agent according to Jewish law. A detailed analysis of concepts of duty in Judaism concludes this article.

THE PROBLEM OF THE RELATIONSHIP BETWEEN LOCAL LAW AND CORPORATE LAW

2021 ◽  
pp. 26-47
Author(s):  
Vladimir V. Kozhevnikov ◽  
Keyword(s):  
Legal Aspect ◽  
Legal Regulation ◽  
Corporate Law ◽  
Theoretical Problem ◽  
Labour Law ◽  
Legal Norms ◽  
Local Law ◽  
Local Norms ◽  
State Organizations ◽  
The Relationship

This research article, as the title suggests, is devoted to the general theoretical problem of the relationship between local legal norms and corporate norms. In the conditional first part of the study, local law norms are analysed, including from a historical perspective. Noting that the problem of local regulation has been the focus of attention of Soviet scientists (N.G. Ale-xandrov, R.I. Kondratyev, S.S. Karinsky, F.M. Leviant, L.I. Antonova), it is emphasized that local acts were originally understood as the result of rulemaking organizations, enterprises, institutions in the field of labour relations. An analysis of modern legal educational literature shows that scientists, when classifying the norms of law, either do not mention the existence of local norms of law at all, or show insufficient attention to their analysis, limiting them-selves to a few phrases. In doing so, authors often unreasonably fail to distinguish between local and departmental legal regulation or local and local legal regulation. Analyzing the types and essential features of local legal acts: their volitional content, intra-organizational character, bylaw nature, dynamism and stability, multiple application, duration of existence, compulsory for the addressees of norms, maintaining by the coercive power of the state, the author rightly states that all local acts arise by direct instruction of law, indicating that on a given issue This assertion is supported by examples of labour law and education law. By focusing on local labour law norms, the necessity of their adoption is justi-fied, and mandatory local law norms are analysed. It is thought that one of the current problems concerning local rules of law is their rela-tionship to corporate rules. It is the fact that many authors unreasonably refer to the norms of individual state organisations, i.e. local norms of law, as corporate norms. The author takes the position that corporate norms are rules of conduct established and provided by non-state organizations (political parties, public organizations, non-state institutions and enterprises, etc.) and apply to their members; they are contained in the statutes, regulations and other regulations of non-state organizations and determine the formation of these organizations, their structure, competence, rights, duties and responsibilities of their members. Moreover, the paper defends the view that corporate norms include, first, non-social cor-porate norms: technical norms; sanitary and hygienic norms; physiological norms; biological norms; second, social corporate norms: corporate customs, traditions, aesthetic, business customs, legal norms. In conclusion, it is argued that, although both local legal norms and corporate norms are intra-organisational in nature, they should be distinguished. Moreover, corporate norms, which have both technical and social aspects, should also be seen as having a legal aspect, implying the presence of corporate law norms.

PENGATURAN KENAIKAN PANGKAT PEGAWAI NEGERI SIPIL PENYESUAIAN IJAZAH (Sesuai Dengan Peraturan Pemerintah Nomor 12 Tahun 2002 Tentang Kenaikan Pangkat Pegawai Negeri Sipil)

2020 ◽  
Vol 17 (1) ◽  
pp. 71-86
Author(s):  
I Dewa Ketut Widana
Keyword(s):  
High School ◽  
Work Performance ◽  
Government Regulation ◽  
Higher Learning ◽  
Civil Servants ◽  
Class Iii ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Legal Principles ◽  
School Senior

Abstract The ability of the Civil Servants can be improved, one of which is through promotion according to the level of service and adjustment of the diploma obtained. In the general explanation of Government Regulation Number 12 of 2002 concerning Amendments to Government Regulation Number 99 of 2000 concerning Promotion of Civil Servants explained the promotion is an award given for the work performance and dedication of the concerned Civil Servants to the State. in addition, promotion is also intended as an encouragement to Civil Servants to further improve their work performance and service. Based on the background of the problem, the formulation of the problem in this study is as follows: how to regulate the promotion of Civil Servants based on diploma adjustments in accordance with Government Regulation Number 12 of 2002 concerning Promotion of Civil Servants and whether constraints in promotion through diploma adjustment are appropriate with Government Regulation Number 12 of 2002 concerning Promotion of Civil Servants. The type of research used in this study is normative legal research, meaning that the study in this study is based on legal philosophy, legal principles, and applicable legal norms relating to the regulation of promotion of civil servants based on diploma adjustments. This research used a statute approach, a historical approach and a conceptual approach. The conclusion of this study is the regulation of the promotion of Civil Servants based on diploma adjustments, given to Civil Servants who obtain Higher Learning Certificates / Diplomas that are higher than the diplomas used when applying to become Civil Servants. For example, candidates for Civil Servants when appointed as high school / senior high school civil servants, with rank / class II / a, after + 5 years of work obtain a S1 diploma, if adjusted for the diploma be the rank / class III / a Civil Servants. To obtain a higher rank / class of civil servants / or a level higher than the previous rank / class can be carried out if the diploma obtained is in accordance with the Job Job occupied by the civil servant, there is a formation in that place, has permission to study for those who continuing education and having fulfilled a minimum of 3 (three) years in service. Keywords: Promotion, Civil Servants and Diplomas

The Legal Basis for the Prohibition on Abortion in Jewish Law

1980 ◽  
Vol 15 (1) ◽  
pp. 109-130 ◽  
Author(s):  
Daniel B. Sinclair
Keyword(s):  
Catholic Church ◽  
Canon Law ◽  
Jewish Law ◽  
Legal Basis ◽  
Church Fathers ◽  
Biblical Law ◽  
Foetal Development ◽  
The Bible ◽  
Literary Sources ◽  
The Church

One of the main issues in almost every treatment of abortion in Jewish Law is the legal basis for its prohibition. The recent trend in Rabbinic literature to categorise abortion as a form of homicide, proscribed by Biblical law, seems to constitute a break with the classical Rabbinic view, according to which abortion is neither homicide, nor directly prohibited in the major literary sources of Jewish Law, i.e. the Bible and the Talmud. Moreover, in the few instances in which abortion is discussed in these sources, it would seem that no such prohibition exists.This article will analyse the Biblical and Talmudic passages which deal with abortion, and survey the various Rabbinic opinions as to the legal basis for its prohibition. Particular attention will be paid to the argument that abortion is a biblically-proscribed form of homicide, and to the reasons which may underlie the adoption of that argument by a number of authorities in recent times. We will also analyse the significance in Jewish Law of the stages of foetal development.Our analysis will be both historical and normative, and in this context it will be a valuable exercise to compare the position in Jewish Law to that in the Canon Law of the Church of Rome. Although the Church Fathers held that abortion was a form of homicide, and the contemporary position of the Catholic Church reflects this attitude strictly and unswervingly, the Medieval Canonists adopted the distinction between the formed and the unformed foetus, based on a tradition derived from the Septuagint version of the Biblical passage dealing with the consequences of striking a pregnant woman (Ex. 21:22–23).

scholarly journals Konsep Badan Hukum Perhimpunan Baitul Maal Wat Tamwil (BMT) Sebagai Penguatan Hukum Ekonomi Kerakyatan

2019 ◽  
Vol 19 (2) ◽  
pp. 233
Author(s):  
Erisa Ardika Prasada ◽  
Joni Emirzon ◽  
K.N Sofyan Hasan
Keyword(s):  
Economic Activity ◽  
General Rule ◽  
Civil Code ◽  
Legal Research ◽  
Legal Entity ◽  
Legal Norms ◽  
Legal Principles ◽  
Gradual Process ◽  
The Law ◽  
The Government

Baitul Maal wat Tamwil (BMT) was established and developed with a gradual process of legal legality, namely BMT in which its legal entity was not yet known, BMT that had not had a legal entity, and BMT that had a diverse legal entity. This writing aimed at analyzing the concept of legal strengthening of BMT in Indonesia. This type of legal research was normative legal research on legal principles and legal systematics. Based on the discussion, it was concluded that BMT could be a legal entity because it had fulfilled the requirements requested by legislation, namely the general rule of Article 1653 of the Civil Code which stated that in addition to genuine civil fellowship, the law also recognized assembly of people as legal entity, both held or recognized by the government, or the assembly was accepted as permitted, or had been established for a specific purpose that was not contrary to law or good morality. Juridical considerations for BMT institutions were legal legality for every sharia economic activity and the variety and partial legal norms of BMT.

scholarly journals Czy idea tak zwanej wtórnej legalności się broni?

2017 ◽  
Vol 43 ◽  
pp. 401-420
Author(s):  
Jarosław Majewski
Keyword(s):  
Legal Culture ◽  
Social Benefits ◽  
Final Conclusion ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Basic Assumptions ◽  
The Social ◽  
The Law ◽  
The One ◽  
Made In

Is the idea of so-called “secondary legality” defensible?The aim of the study is critical analysis of the idea of so-called “secondary legality” of an act used by some jurists to explain types of behaviour falling into the category of circumstances excluding lawlessness of an act justification, namely to define the relation between such types of behaviour and the legal system as a whole, and the various sanctioned norms that are part of the system. First, the author examines the relation between the assumption that a type of behaviour which falls within the category of circumstances excluding lawlessness of an act constitutes a legal transgression of the sanctioned norm, and the basic assumptions made in the Polish legal culture concerning the process of creation and application of the law as well as its systematic analysis. He demonstrates that consistent use of the secondary legality category would require a considerable remodelling of these assumptions, above all, rejection of the assumption that legal norms are introduced to be met as well as all consequences stemming from this assumption as well as abandonment of the approach to the law as a set of legal norms that is internally cohesive. Next, the author analyses the internal aspects of the idea of secondary legality of an act. He demonstrates that it encompasses contradictory statements: on the one hand that justifi able behaviour constitutes socially harmful, negative and thus a typical attack on legal interest, and on the other hand that the social benefits ultimately outweigh losses in the case of justifiable behaviour. All the above justifies the author’s final conclusion that the category of secondary legality of an act is not useful.

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