L'etica del diritto č la tolleranza

2009 ◽  
pp. 67-99
Author(s):  
Gustavo Visentini
Keyword(s):  
Case Law ◽  
Moral Principle ◽  
Legislative Process ◽  
Judicial Process ◽  
Rational Use ◽  
The Absolute ◽  
The Law

- In the pluralism of values, tolerance is the absolute moral principle which grounds its technique for cohabitation upon rationalism. The law is the technique for the rational use of authority, while the technique of the law lies in the rationality of statute law and of case law. The quality of the legislative process and of the judicial process envisages the ethical intensity of the law: the ethics of the law lies in its techniques. The faults in legislative and judicial techniques explain Italian law's ethical weakness. The irrational use of authority is not law, but is in fact no more than the wielding of strength

The law applicable to third-party effects of assignment and the conflict rules for insolvency according to EU law

2019 ◽  
Vol 24 (4) ◽  
pp. 664-684
Author(s):  
Christian Heinze ◽  
Cara Warmuth
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Third Party ◽  
Legislative Process ◽  
Insolvency Law ◽  
Ongoing Debate ◽  
Good Opportunity ◽  
Insolvency Regulation ◽  
The Law ◽  
The Eu

Abstract In March 2018, the European Commission issued its proposal for a regulation on the law applicable to third-party effects of assignments of claims, aiming to put an end to the ongoing debate on this issue and the legal uncertainty associated with it. On the basis of the Commission’s decision in favour of the application of the law of the assignor’s habitual residence, this article discusses the consequences of the Proposal under European Union (EU) insolvency law. For that purpose, the coherence of the Proposal with the Insolvency Regulation will be examined, first in general and then in more detail. The analysis comes to the result that the Commission’s objective of aligning the Proposal with the legal framework of the Insolvency Regulation has predominantly been well achieved. The authors point out remaining minor inaccuracies that may be clarified in the further legislative process or by later case law. It is concluded that, from the perspective of international insolvency law, the proposed uniform conflict-of-laws rule at the EU level offers a good opportunity to promote legal certainty with regard to cross-border assignments of claims in the future.

scholarly journals The concept of proper quality of construction works in lithuanian construction law

2016 ◽  
Author(s):  
Sigitas Mitkus
Keyword(s):  
Case Law ◽  
Civil Code ◽  
Quality Requirements ◽  
Standard Quality ◽  
The Law ◽  
The Republic ◽  
Construction Law ◽  
Construction Works

The article analyses the concept of proper quality of construction works in law of the Republic of Lithuania. The analysis covers the quality requirements laid down in the Law on Construction, the Civil Code and case law. The article also defines and analyses the main categories used in Lithuanian law to characterise the quality of construction works, in particular, compliance with the standard quality of a construction works, compliance with the quality requirements set in contract documents, compliance with the requirements ordinarily presented for work of the respective nature, and fitness for use in accordance with its designation within the limits of a reasonable period.

Part III Treaty Formation, 9 Making the Treaty

2020 ◽  
Author(s):  
Fuentes Carlos Iván ◽  
Villalpando Santiago
Keyword(s):  
Vienna Convention ◽  
Complicated Process ◽  
The Absolute ◽  
The Law ◽  
Final Agreement

This chapter surveys the often-complicated process of treaty-making. The process may be divided into four phases: (i) the drawing up and negotiation of the treaty; (ii) the adoption and authentication of the text; (iii) the expression of consent to be bound by the treaty; and (iv) the entry into force of the treaty. A universal quality of treaty-making is the absolute freedom of the negotiators, who remain masters of their own procedure. Negotiators have wide discretion in deciding the process to be followed for their discussions, the form of the final agreement, the means of consenting to be bound, and the ways in which the treaty enters into force. This explains why the Vienna Convention on the Law of Treaties’ codification renounced governing the negotiation phase, and restricted itself to reaffirming the discretion of negotiators while establishing a limited number of residual rules that will assist when specific issues remain undecided.

scholarly journals The concept of builder and its liability for the quality of the construction works in lithuanian construction law

2016 ◽  
Author(s):  
Renata Cibulskienė ◽  
Sigitas Mitkus
Keyword(s):  
Civil Liability ◽  
Case Law ◽  
Construction Process ◽  
The Law ◽  
Construction Law ◽  
Late Performance ◽  
Construction Works

A construction process, from the issue of a document allowing construction to signing a transfer- acceptance deed, involves a number of entities for which the law provides for different rights and duties. One of such entities is a builder (customer). The article discusses issues related with the establishment of the builder’s duties during the construction process and application of liability for failure to perform them or improper performance thereof. The concept of the builder (customer) is disclosed, and the builder’s civil liability for incompliance of construction works with the laws or provisions of the works contract, as well as late performance of construction works are analysed. It is analysed how to identify correctly a builder as one of the main entities of construction and to separate him from other participants of the construction process, such as head of construction or construction technical supervisor. The builder’s duties are analysed which improper performance has an effect on the quality of works carried out by the contractor, also issues raised in the Lithuanian case-law are discussed.

scholarly journals Actual problems of formation of legal culture in Ukraine at the present stage

2020 ◽  
pp. 79-87
Author(s):  
Makarenko Larysa
Keyword(s):  
Legal System ◽  
Professional Training ◽  
Legal Culture ◽  
Scientific Article ◽  
Legislative Process ◽  
Clear Understanding ◽  
Legal Development ◽  
The Law ◽  
The Government

Introduction. The scientific article analyzes the features of legal culture of Ukraine, which is in the status of a national legal culture has absorbed not only by a common legal culture, but also special about it and specific to a given legal culture. Provided that there are no two identical legal systems, and no two identical legal cultures. Each national legal culture is developing in a separate society, which has its own cultural characteristics, its own history, develops in particular natural and historical conditions; and that primarily is due to the specificity of state-legal development of society, and therefore the specifics of the national legal culture. Noted that the peculiarities of formation and development of legal system of Ukraine at its initial stage are the objective factors that significantly influenced the development of legal culture of Ukraine, and with it – at the societal, group and individual perception of the new law in the minds of the people and their choice of the relevant legal values. It is argued that under adverse and highly controversial economic, social and state-legal development of Ukraine in the early 90-ies, national legal culture is acquired not progressive, and chaotic and even regressive trend of its development. By the authorities to attempt to reform society, including the state and legal reform, led mainly to the opposite effect, to the increasingly obvious destruction of the system of state administration and legal system, to the denial of the principle of legality and criminality, corruption, and systematic disregard for and violations of the ruling subjects of human rights. Therefore, instead of approval in public life generally accepted legal values in Ukraine today questioned the value of the law and legal nihilism entered level generally threatening the company's existence. The aim of the article. To find out the problems of the formation and development of legal culture in Ukraine, taking into account certain aspects of it to cover them in this article. Results. When talking about the formation of legal culture, it is noted in the literature, apparently, mean measures that create for this process, the necessary conditions, providing the opportunity to the highest degree manifest objective factors that should serve as a conditions of development of legal culture of a society in transition. However, the objectivity of the process of formation of legal culture of society does not mean elimination of human factor from the process. It is also alleged that in the professional legal culture on the legal culture in Ukraine, a special place belongs to the legal culture of lawmakers because of the level of their professional training, legal culture depends on the quality of laws, the timely and proper amendments and additions to the existing legislation with a view to its improvement. The actions of the lawmakers form the authority of the government, contribute to a proper understanding of the law, the observance of the current legislation. For legislative success is essential continuous professional legal culture of direct participants. As shown by practical experience, a high level of professional legal culture of the participant of the legislative process reaches the combining of the two requirements. The first involves the education of the participant of the legislative process, his personal conviction of the need of observance of laws in everyday life. The second is directly connected with the process of obtaining the quality of professional knowledge regarding the mechanism of creating laws and the legal system and develop skills to professionally apply that knowledge. Conclusions. The authors mainly focus not on the characteristics of the development and current state of national legal culture and on various aspects of relations "society-state" in whose context also refers to the legal culture in its private manifestations, and expressed opinions relative to problems of formation in Ukraine of a higher level or better quality of legal culture. But without a clear understanding of the specific and the real state of the national legal culture of Ukraine can not develop the necessary tools and levers of formation of legal culture necessary for the effective functioning of the national legal system.

Making What Present Again? A Critique of Argumentative Judicial Representation

2021 ◽  
pp. 1-23
Author(s):  
Donald Bello Hutt
Keyword(s):  
Public Sphere ◽  
Legislative Process ◽  
The Public ◽  
The Will ◽  
The Law ◽  
The Public Sphere

Courts do many good things. Judges carefully consider individual claims and arguments,1 and contrast them against the law in light of evidence. Their decisions are argued for, are public, and can be contested in form and content in different hierarchical stages. Additionally, and among other things, these practices are said to contribute to the will-formation of the public sphere and improve the quality of the legislative process.2

Romans 8: Dead to the Law, Alive in the Spirit

2013 ◽  
Vol 9 ◽  
Author(s):  
Tyler Lohse
Keyword(s):  
Case Law ◽  
Legal Interpretation ◽  
Philosophy Of Law ◽  
Interpretive Theory ◽  
The Law ◽  
Interpretive Strategies ◽  
Civil Death ◽  
Romans 8

This essay comments on the nature of the language of the law and legal interpretation by exam- ining their effects on their recipients. Two forms of philosophy of law are examined, legal positiv- ism and teleological interpretive theory, which are then applied to their specific manifestations in literature and case law, both relating to antebellum slave law. In these cases, the slave sustains civil death under the law, permissible by means of these legal interpretive strategies.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

“Judicial Law-making”: Pro et Contra

2020 ◽  
Vol 2 (1) ◽  
pp. 7-35
Author(s):  
V. V. Ershov ◽  
Keyword(s):  
Judicial Process ◽  
Social Phenomena ◽  
Scientific Discussion ◽  
Ex Post ◽  
New Concepts ◽  
Judicial Lawmaking ◽  
The Law ◽  
Legal Understanding ◽  
Developing System ◽  
Law Making

Introduction. As a result of the application in scientific research of descriptive and objectiveteleological methods of studying legal phenomena, a number of foreign and Russian scientists often describe only truly objectively existing legal phenomena, including “judicial law-making”. Theoretical Basis. Methods. From the position of scientifically grounded concept of integrative legal understanding, according to which the system of law first of all synthesizes only the principles and norms of law contained in a single, multi-level and developing system of forms of national and international law, implemented in the state, the article concludes that it is possible to highlight two types of “judicial law-making” in the special literature: “moderate” and “radical” types of “judicial law-making”. Results. “Moderate judicial law-making” is allowed only outside the law, its results are not binding on other courts, as the “norm” created by the court is only applicable ex post, only to a particular dispute and is not binding on other courts. In the opinion of the author of the article, this result of “moderate judicial law-making” is theoretically more reasonable to be considered as a kind of wrong – as “court positions” obligatory only for participants of individual judicial process, developed in the process of consideration and resolution of individual dispute as a result of interpretation of principles and norms of law. Discussion and Conclusion. Researchers – supporters of the “radical” type of “judicial lawmaking” allow the development of “judicial precedents of law” “through the law, beyond and against the law” (contra legem).It seems to the author that this type of “judicial lawmaking” is based on the scientific discussion concept of integrative legal understanding, according to which the heterogeneous social phenomena – right and wrong – are synthesized in the unified system of law (for example, law and individual judicial acts, including those containing specific positions of the court).New concepts and their definitions have been introduced into scientific circulation. The author concludes that the “radical” kind of “judicial law-making” is theoretically debatable, and practically counterproductive.

Cultivation of Rapeseed in the Southern Urals and Its Rational Use

2020 ◽  
Vol 67 (1) ◽  
pp. 78-86
Author(s):  
Nikolay S. Sergeev ◽  
Mikhail V. Zapevalov ◽  
Alexander V. Gritsenko
Keyword(s):  
Southern Urals ◽  
Research Purpose ◽  
Partial Replacement ◽  
Biodiesel Fuel ◽  
Forest Steppe ◽  
The Southern Urals ◽  
Rational Use ◽  
Chelyabinsk Region ◽  
Spring Rape

In the continental climate of the southern Urals, rapeseed compares favorably with many forage and traditional silage crops with a high protein content and adaptive properties. The cultivation of rapeseed guarantees the production of its own seeds, up to 40 percent of oil, 60 percent of cake and 98 percent of rapeseed flour. (The research purpose) The research purpose is in improving the efficiency of rapeseed cultivation and rational use of rapeseed seeds, rapeseed flour and oil in the agricultural production in the Chelyabinsk region. (Materials and methods) The influence of various forecrops on the productivity and quality of spring rape seeds in the links of grain-pair crop rotations in the Northern forest-steppe of the Chelyabinsk region were studied. Authors have analyzed the chemical composition of the soil and seeds of spring rape after various forecrops. (Results and discussion) The article proposes to reduce energy costs during pressing and reduce residual oil in the cake after pre-grinding of rapeseed by cutting method using a centrifugal-rotary shredder. The article shows that rapeseed flour has a good flowability and is easily mixed with other feeds. It was found that partial replacement of concentrates with rapeseed flour in the amount of 8-12 percent of the total weight in the diet of lactating cows contributes to an increase in milk productivity by 1.1-1.8 kilograms in terms of milk of 4 percent fat content. (Conclusions) It has been revealed that in order to increase the yield and quality of spring rape seeds, it is necessary to place them on the best forecrops. It was found that when 75 percent of rapeseed oil is mixed with 25 percent of diesel fuel, the obtained biodiesel is not inferior to diesel in terms of energy indicators. The article proves that when cultivating rapeseed for seeds on an area of 100 hectares, it is possible to produce 94.5 tons of biodiesel fuel, 106.0 tons of cake with an oil content of 5 percent and 8.4 tons of oil sludge, the estimated economic effect after sale is of 3,813,325 rubles.

Sign in / Sign up

Export Citation Format

Share Document