Kinder- und Jugendhilferecht

2020 ◽  
Author(s):  
Johannes Münder ◽  
Thomas Trenczek ◽  
Arne von Boetticher ◽  
Britta Tammen
Keyword(s):  
Social Work ◽  
Case Law ◽  
Professional Standards ◽  
Youth Welfare ◽  
Social Pedagogy ◽  
Child And Youth Welfare ◽  
Social Code ◽  
The Law ◽  
Legislative Changes ◽  
Voluntary Organisations

Based on the stipulations in the Sozialgesetzbuch (SGB) VII, the eighth chapter of Germany’s social code, this book examines the law on child and youth welfare against the background of current societal and legal developments. It provides the readers with a sound introduction to the fundamental structures of the law on youth welfare and with the necessary legal, sociological and empirical background knowledge to fulfil tasks in the field of child and youth welfare according to professional standards and in a practically oriented way. Numerous graphs, tables, summaries and process charts are used to illustrate the explanations in the book, and there are references to the most important works for further reading and case law in each chapter. The book also incorporates the recent legislative changes and case law in this field, with the result that this new edition provides an up-to-date introduction to the law on child and youth welfare with regard to training and everyday practice. This textbook has not only been compiled to help students of social work and social pedagogy, but also allows those working for youth welfare services and voluntary organisations to have easier and reliable access to the current law in this respect, and it promotes a critical, interdisciplinary examination of both the law on and the day-to-day workings of child and youth welfare.

Stone Roots, Digital Leaves: Czech Law against Unfair Competition in the Internet Era

2008 ◽  
Vol 33 (2) ◽  
pp. 155-180 ◽  
Author(s):  
Radim Polčák
Keyword(s):  
Legal System ◽  
Case Law ◽  
Unfair Competition ◽  
The Internet ◽  
Business Practices ◽  
Black Letter ◽  
The Law ◽  
Legislative Changes ◽  
Further Development

AbstractThe law against unfair competition is traditionally understood in countries of the Alpine legal system as extraordinary and unconventional. Unlike other legal disciplines, it does not rely on black-letter law; it is less formal and less legislatively elaborative in detail. Thus, progress and development in this area is not a matter for the legislator but for broad practically-driven doctrinal work connected to contemporary case law. When the Internet brought new opportunities in the development of business ventures, Czech law against unfair competition did not react with legislative changes but by the further development of standard interpretational patterns. In this article, we will briefly describe the grounds as well as recent related developments in the Czech law against unfair competition connected to unfair business practices on the Internet.

scholarly journals Social Pedagogy and Critical Theory: A Conversation with Hans Thiersch

2014 ◽  
Author(s):  
Daniel Schugurensky
Keyword(s):  
Social Work ◽  
Critical Theory ◽  
Residential Care ◽  
Professor Emeritus ◽  
Youth Welfare ◽  
Social Pedagogy ◽  
The University ◽  
Critical Social

Hans Thiersch was born on May 16, 1935 in Recklinghausen, Germany. His work became particularly influential since the 1970s, when he applied the concept of lifeworld orientation to social pedagogy. Indeed, Thiersch can be considered one of the representatives of a critical social pedagogy. Since his retirement in 2002, he has been a professor emeritus of Education and Social Pedagogy at the University of Tübingen. He has also co-edited the handbook of social work / social pedagogy. Professor Thiersch has published extensively on a variety of topics related to education, social work, youth welfare, residential care, morality and justice. However, because most of his publications are in German, his work is not well known outside of Germany. On a rainy evening of October 2013 in Frankfurt, I had the opportunity to have a conversation with Professor Thiersch.

The Law of Security and Title-Based Financing

2018 ◽  
Author(s):  
Beale Hugh ◽  
Bridge Michael ◽  
Gullifer Louise ◽  
Lomnicka Eva
Keyword(s):  
Supreme Court ◽  
Cape Town ◽  
Supreme Court Decision ◽  
Case Law ◽  
Court Decision ◽  
Commercial Practice ◽  
Personal Property ◽  
The Law ◽  
Legislative Changes ◽  
Economic Function

Personal property security is an important subject in commercial practice as it is the key to much of the law of banking and sale. This book examines traditional methods of securing debts (such as mortgages, charges, and pledges) on property other than land, describing how these are created, how they must be registered (or otherwise ‘perfected’) if they are to be valid, the rights and duties of the parties, and how the security is enforced if the debt is not paid. This third edition has been updated to cover the wealth of case law, including new cases on control of financial collateral, and relief against forfeiture under a financial collateral arrangement; on retention of title (including the effect of ‘extended’ clauses); estoppel and the HPI register; availability of set-off against assignee; a number of cases on enforcement of security; equitable liens; solicitor’s liens and databases; on priority or purchase money security interests; and the Irish Supreme Court decision on floating charge and crystallization. There have also been significant legislative changes, which are discussed in detail, most notably the 2013 amendments to Companies Act 2006 Part 25, and Cape Town Convention. The book covers traditional security over personal property and also devices that fulfil a similar economic function, such as retention of title and sales of receivables.

Forty Years of Criminal Law: Developments in Case Law Re The Requirement of Fault

1990 ◽  
Vol 24 (3-4) ◽  
pp. 560-579
Author(s):  
Miriam Gur-Arye
Keyword(s):  
Criminal Law ◽  
Case Law ◽  
Criminal Code ◽  
The State ◽  
Penal Law ◽  
General Part ◽  
The Law ◽  
Legislative Changes

In the field of criminal law there is as yet no fully original Israeli code. The Penal Law, 1977, is a new version of the Criminal Code Ordinance, 1936, combined with the various amendments thereto introduced by the Knesset since the establishment of the State. Most legislative changes affect specific offences. The intervention of the Israeli legislator in the general part of the Law, has been most limited. The only context in which the Israeli legislator has laid down his own arrangements is in the application of the criminal law. Under the Criminal Code Ordinance (sections 6-7) its scope was territorial. However, in 1955 the Penal Law Revision (Offences Committed Abroad) Law, 1955 was passed by the Knesset, and this extended the provisions of the Ordinance to certain offences committed outside the territory of the State. In the course of the years, the extra-territorial scope of the criminal law has expanded.

scholarly journals RESIDENTIAL CARE IN GERMANY FOR REFUGEE YOUNG PEOPLE

2020 ◽  
Vol 11 (4.2) ◽  
pp. 80-95
Author(s):  
Norbert Struck
Keyword(s):  
Social Work ◽  
Young People ◽  
Social Workers ◽  
Residential Care ◽  
Welfare System ◽  
Sharp Rise ◽  
Youth Welfare ◽  
Child And Youth Welfare ◽  
Unaccompanied Minor Refugees ◽  
Minor Refugees

This article analyzes developments in the forms of social work with young refugees and the legal framing of such work in Germany from 1990 to the present. In particular, it addresses the reactions of politicians and the child and youth welfare system to the sharp rise in the number of refugees in 2015 and 2016, and the concomitant significant increase in the number of unaccompanied minor refugees. It underlines the need for an approach based on children’s rights, and the necessity for social workers, especially those involved in helping youth, to resist the policies of deterrence that are aimed at keeping refugees out of Germany.

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.

IMAGERY AND EMOTIONS IN THE PIANO PIECE „THE SICK DOLL“ FROM CHILDREN’S ALBUM OF P . I TCHAIKOVSKY

2020 ◽  
Vol 11 (1) ◽  
pp. 110-113
Author(s):  
Smilena Smilkova ◽  
Keyword(s):  
At Risk ◽  
Social Work ◽  
Short Story ◽  
Special Educational Needs ◽  
Social Pedagogy ◽  
Sound Image ◽  
The Individual ◽  
The Right ◽  
The University ◽  
Art Pedagogy

The proposed material examines the creative task of students majoring in Social Pedagogy at the University „Prof. Dr. Assen Zlatarov“ in Burgas, and studying the discipline Art Pedagogy – Part 1 – Music. In the course of the lecture course students get acquainted with the elements of musical expression, as a means of figurative representations and impact of music, with different techniques concerning individual musical activities, with the endless and diverse opportunities that music provides in the use of art pedagogy for social work teachers.Verbal interpretation of music is a necessary component when working with children with special educational needs, at risk and in the norm. Looking at Tchaikovsky’s short and extremely figurative piano piece „The Sick Doll“ from his charming „Children’s Album“, in the form of a short story, tale or essay, students express their personal vision, feeling and transformation of the musical image. The aim of the task is to transcribe the sound image into a verbal one. This requires speed, flexibility and logic in thinking, through imagination and creativity in its manifestation. Children love to listen, especially when they are involved. In search of the right way to solve problems and situations, future social educators could successfully benefit from the conversion of sound into words, according to the needs and deficits of the individual or group.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

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