scholarly journals Determining Specialties of the Jordanian Court of Cassation in Its Civil Capacity (According to Reality and the Law)

2019 ◽  
Vol 15 (9) ◽  
pp. 14
Author(s):  
Jalal Aead Shwarah
Keyword(s):  
Research Design ◽  
Direct Effect ◽  
Comparative Research ◽  
Design Method ◽  
Legal Texts ◽  
Specific Standard ◽  
The Law ◽  
Civil Trials

The main objective of this research is to address the issue determining specialties of the Jordanian court of cassation according to reality and the law. To achieve this objective, the analytical comparative research design method is used depending on the legal legislations and the diligence of the Judiciary to remove ambiguity form them because of their importance and direct effect in determining specialty of court of cassation and to distinguish it from court of subject. This research is divided into two subjects: The essence of reality and essence of the law. The second topic has addressed specialty of court of cassation according to reality and the law, divided into two requirements: considering court of cassation as the upper Judicial body, and the second requirement about considering court of subject third degree of the Jurisdiction degrees. The research reached the presence of contradictions making it difficult to determine and to set a specific standard and the decisive line between what is reality and what is law. Based on the results, it is recommended the necessity for in-depth review and amendment of these two laws, setting independent legal texts for the civil trials principal law, organizing the Judges' authority technically to separate between reality and the law.

scholarly journals The Principle of Directive-Compliant Development of the Law and the Contra Legem Limit

2020 ◽  
Vol 16 (4) ◽  
pp. 465-488
Author(s):  
Thomas M.J. Möllers
Keyword(s):  
Case Law ◽  
Third Party ◽  
Broad Term ◽  
Legal Texts ◽  
Classical Methodology ◽  
The Law ◽  
Legal Methodology ◽  
The Relationship ◽  
Further Development ◽  
Domestic Law

AbstractThe Europeanisation of domestic law calls for a classical methodology to ‘update’ the established traditions of the law. The relationship between European directives and national law is difficult, since directives do apply, but European legal texts need to be implemented into national law. Whilst directives are not binding on private individuals, there is no direct third-party effect, but only an ‘indirect effect’. This effect is influenced by the stipulations of the ECJ, but is ultimately determined in accordance with methodical principles of national law. The ECJ uses a broad term of interpretation of the law. In contrast, in German and Austrian legal methodology the wording of a provision defines the dividing line between interpretation and further development of the law. The article reveals how legal scholars and the case-law have gradually shown in recent decades a greater willingness to shift from a narrow, traditional boundary of permissible development of the law to a modern line of case-law regarding the boundary of directive-compliant, permissible development of the law.

scholarly journals Campaigning across continents: how Latin American parties link up with migrant associations abroad

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Nicolas Fliess
Keyword(s):  
Political Parties ◽  
Research Design ◽  
Latin American ◽  
Interest Group ◽  
Comparative Research ◽  
Home Country ◽  
Voting Rights ◽  
Structured Interviews ◽  
Party Activists ◽  
Migrant Associations

AbstractEmigrant voting rights have opened new electoral arenas, and many political parties increasingly campaign across borders. Yet relatively little is known about the challenges parties confront when campaigning transnationally and the strategies they have developed in response to these challenges. This paper addresses these shortcomings. First, I investigate the hurdles Latin American parties face in linking up with organized migrant collectives in residency countries for campaigning purposes. Second, I probe into the transnational linkage strategies these parties deploy to tap into migrant associations’ resources and mobilization capacities. This study builds on a comparative research design and draws on almost 40 semi-structured interviews with Bolivian and Ecuadorian party activists as well as association leaders in Barcelona, Spain. Departing from the party interest group literature, I identify three transnational linkage strategies Bolivian and Ecuadorian parties implement: 1) Infiltration, 2) Co-optation, and 3) Cooperation. All parties execute these tactics informally in order to comply with local norms that require associations to remain apolitical. The analysis further demonstrates that differences between home-country electoral systems shape the types of linkage strategies Bolivian and Ecuadorian parties use. This article contributes to the study of migrant politics and political parties in important ways. This study highlights how political parties actively negotiate their entry into the transnational electoral arena, and sheds light on how migrants remain politically connected to their home countries.

Rethinking Comparison

2021 ◽  
Keyword(s):  
Qualitative Research ◽  
Mixed Methods ◽  
Political Science ◽  
Research Design ◽  
Comparative Research ◽  
Comparative Methods ◽  
Political Processes ◽  
Qualitative Research Design

Qualitative comparative methods – and specifically controlled qualitative comparisons – are central to the study of politics. They are not the only kind of comparison, though, that can help us better understand political processes and outcomes. Yet there are few guides for how to conduct non-controlled comparative research. This volume brings together chapters from more than a dozen leading methods scholars from across the discipline of political science, including positivist and interpretivist scholars, qualitative methodologists, mixed-methods researchers, ethnographers, historians, and statisticians. Their work revolutionizes qualitative research design by diversifying the repertoire of comparative methods available to students of politics, offering readers clear suggestions for what kinds of comparisons might be possible, why they are useful, and how to execute them. By systematically thinking through how we engage in qualitative comparisons and the kinds of insights those comparisons produce, these collected essays create new possibilities to advance what we know about politics.

Educational Equity of Married or Engaged Partners

1997 ◽  
Vol 81 (2) ◽  
pp. 401-402 ◽  
Author(s):  
Ronald D. Taylor
Keyword(s):  
Postsecondary Education ◽  
Research Design ◽  
Comparative Research ◽  
Formal Education ◽  
Educational Equity ◽  
Bachelor's Degree ◽  
Advanced Degree ◽  
Men And Women ◽  
Associate's Degree ◽  
Causal Comparative

A causal-comparative research design was employed to analyze the number of years of formal education completed by individuals publicly announcing their marriage or engagement to marry. For the majority of couples, men and women had equivalent years of formal education completed. Among the remainder of couples, women more often than men had completed more years of formal education. Over-all, more men than women had completed no postsecondary education, but more men than women had completed an associate's degree and more men than women had completed an advanced degree. Far more women than men had completed a bachelor's degree.

scholarly journals A simplification of the Consumer Rights Act. Plain legal language and legal language

2021 ◽  
Vol 11 ◽  
pp. 45-71
Author(s):  
Natalia Zych
Keyword(s):  
Effective Communication ◽  
Legal Language ◽  
Consumer Rights ◽  
Legal Texts ◽  
Average Reader ◽  
The Law ◽  
The Cost

The article examines the idea of plain legal language as a standard in creating comprehensible and effective communication in legislative acts. It features plain legal language techniques and tools used to tackle the visual and linguistic layer of legal texts. Selected techniques were implemented to experimentally modify the Polish Consumer Rights Act of 30 May 2014. The document, transformed in the spirit of plain legal language, was then submitted for assessment to lawyers as well as individuals with no legal background. The article features the results of the experiment as well as conclusions which make it possible to say whether the “simplified” act is more comprehensible to an average reader, and to assess the cost of the changes introduced in the original provisions of the law.

scholarly journals Conceptual Origins of Legal Linguistics

2021 ◽  
Vol 47 (1) ◽  
pp. 17-56
Author(s):  
Marcus Galdia
Keyword(s):  
State Of The Art ◽  
The State ◽  
Frame Of Reference ◽  
Linguistic Knowledge ◽  
Linguistic Complexity ◽  
Legal Discourses ◽  
Legal Texts ◽  
The Law ◽  
Problem Awareness

Abstract This essay is a survey of methods applied and topics scrutinized in legal-linguistic studies. It starts with the elucidation of the epistemic interest that led to the emergence and to the subsequent expansion of the mainstream legal-linguistic knowledge that we dispose of today. Thus, the essay focuses upon the development of problem awareness in the emerging legal-linguistic studies as well as upon the results of research that might be perceived as the state of the art in the mainstream legal linguistics. Meanwhile, some methodologically innovative tilts and twists that enrich and inspire contemporary legal linguistics are considered as well. Essentially, this essay traces the conceptual landscape in which the paradigms of legal-linguistic studies came about. This conceptual landscape extends from the research into the isolated words of law and the style used by jurists to the scrutiny of legal texts and legal discourses in all their socio-linguistic complexity. Within this broad frame of reference, many achievements in legal-linguistic studies are mentioned in order to sketch the consequences of processes in which legal-linguistic paradigms take shape. The author concludes upon a vision of legal linguistics called pragmatic legal linguistics as the newest stage in the intellectual enterprise that aims to pierce the language of the law and by so doing to understand law better.

scholarly journals Studi Mediasi Kepuasan Pelanggan Pada Industri Retail: Peran Kualitas Layanan dan Implikasinya terhadap Loyalitas Pelanggan

IQTISHODUNA ◽  
2020 ◽  
Vol 16 (2) ◽  
pp. 115-130
Author(s):  
Mohammad Nur Safri Ramadhan ◽  
Nur Asnawi
Keyword(s):  
Customer Satisfaction ◽  
Service Quality ◽  
Direct Effect ◽  
Customer Loyalty ◽  
Comparative Research ◽  
Partial Least Square ◽  
Least Square ◽  
Retail Service ◽  
Retail Service Quality ◽  
Pls Method

The purpose of this research is to determine the direct effect of retail service quality on customers' loyalty and satisfaction, the effect of customer satisfaction on their loyalty and how much customer satisfaction mediates retail service quality on customers' loyalty on Super Indo Bendungan Sutami customers, Malang. This research method uses comparative research with a quantitative approach. The sample used was 120 respondents with collected data by a questionnaire. The data analysis in this study used the Partial Least Square (PLS) method. The results of this research indicate that there is a direct effect of the retail service quality variable upon customers' loyalty and also on customer satisfaction which has a direct influence on customers of Super Indo Bendungan Sutami. Meanwhile, loyalty and can mediate the effect of retail service quality on customer loyalty.               

11. Free movement of services: the freedom to provide and receive services

2018 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
Health Care ◽  
European Union ◽  
Direct Effect ◽  
Public Interest ◽  
Market Access ◽  
Free Movement ◽  
Health Care Provision ◽  
The European Union ◽  
The Law ◽  
To Receive

This chapter reviews the law on the free movement of services in the European Union. It discusses the service economy and the law on services; non-discrimination and the direct effect of Article 56 of the TFEU; the meaning of services; remuneration; economic services and other activities; services and cross-border activity; the freedom to provide a service; the freedom to receive services; health care provision and the receipt of services; services that move, where the provider and recipient do not; limitations on services freedom; public interest grounds limiting the freedom of Article 56 TFEU; proportionality and limitations on services; illegal services; and the focus on market access and the facilitation of services in the Services Directive.

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