scholarly journals La refonte permanente des lois du Québec : implications et modalités

2005 ◽  
Vol 18 (2-3) ◽  
pp. 213-232
Author(s):  
Denis Le May
Keyword(s):  
Present Situation ◽  
Point Of View ◽  
Technical Aspects ◽  
The Third ◽  
Official Gazette ◽  
The People ◽  
The Law ◽  
The Moment

The purpose of this paper is to examine the implication and details of the consolidation of the statutes of the Province of Quebec which is now under way. Unlike earlier consolidations, this one will be permanent and brought up to date annually, and as he approaches his subject, the author describes what must be understood by keeping up to date and who should be responsible for the task. Next, he discusses the technical aspects which ought to be considered in the process of keeping the consolidation up to date, among which are the moment and methods to inserting new texts, the numbering of sections, and the vehicle for the publication of amending legislation. In the third part of his paper, the author describes what important changes would have to be made to the present situation, should the proposed system be adopted. These changes are both documentary (a new presentation of the Quebec official Gazette is advocated) and legislative (new duties of the Quebec Official Printer are stressed). Finally there is established a link between the permanent consolidation and a policy for non-official consolidations. The author concludes with the expression of a point of view on the access of the people to the law.

Introduction

2007 ◽  
Author(s):  
W. G. Runciman
Keyword(s):  
Structural Analysis ◽  
Cultural Representation ◽  
Point Of View ◽  
Cultural Representations ◽  
Main Interest ◽  
The Third ◽  
The People

There have been claims that the Marxist approaches to the history are no longer tenable. This idea that Marx has lost such relevance to historiography is due to the failure of his prophesies, including the three particular assumptions: the anti-universalism, the neglect of cultural representation and discourses, and the success of capitalism. Anti-universalism claims that no history can ever be written, except from the historian's own point of view and the interests and values which come with it. In the case of Marx, whose main interest in history is the discovery of the path of man to communism, any claim to universal validity made him compromised from the outset by the local provenance of his and Engel's experience of capitalism and the intensity of their disapproval. The second assumption is Marx's neglect of cultural representations and discourses. By neglecting the sufferings and aspirations of the people who were the victims of capitalist exploitation, Marx missed the opportunity to give his moral denunciation of capitalism added perlocutionary force. The third assumption is the success of capitalism in beating the Marxists. On this view, Marx failed to allow the possibility that when the time came for the capitalist and socialist modes of production to compete directly with one another, it would be the capitalist modes of production that would be stronger between the two. Nevertheless, despite the failure of some of the Marxist prophesies and theories, it is nonetheless significant in the writing of history, which needs explanation. Marxism still has much to offer in the structural analysis of the development of history.

Assessing Visual Literacy in the Consumers of New Technologies

2019 ◽  
Vol 10 (1) ◽  
pp. 1-21
Author(s):  
Felicidad García-Sánchez ◽  
José Gómez Isla ◽  
Roberto Therón ◽  
Cristina Casado-Lumbreras
Keyword(s):  
Cultural Differences ◽  
Visual Communication ◽  
Visual Literacy ◽  
New Technologies ◽  
Visual Language ◽  
Point Of View ◽  
Visual Interpretation ◽  
Cultural Aspects ◽  
The People ◽  
The Moment

Since the appearance of the term visual literacy in the second half of the 20th century, many authors have spoken of visual competencies. These competencies are acquired through the use of visual language and an understanding that the use of human and cultural capabilities makes people free to create and interpret messages. Furthermore, since the incorporation of new technologies, any prosumer (producer and consumer) can generate visual communication. This research develops and validates a questionnaire proposal to observe visual literacy in users of new technologies to analyze the state of literacy of image prosumers. This questionnaire is composed of 61 items that are related to habits in the reception, consumption, and production of images; the capacities of perception and visual interpretation; and the cultural aspects of the people who use images as a communicative vehicle. The purpose of this proposal is to facilitate the analysis of common characteristics that explain the moment in which people live from the point of view of visual communication and the cultural differences that are related to this field.

Comparative Sales Law

2006 ◽  
pp. 936-968 ◽  
Author(s):  
Peter Huber
Keyword(s):  
World Wide ◽  
Comparative Law ◽  
Point Of View ◽  
The Third ◽  
Sales Contracts ◽  
Uniform Law ◽  
The Law ◽  
Characteristic Features ◽  
International Sales ◽  
Preparatory Work

The story of comparative law in the field of sales contracts is inextricably linked to Ernst Rabel. Rabel not only prepared the basis for any comparative study of the modern law of sales in his epochal treatise Das Recht des Warenkaufs, but also initiated the process of world-wide harmonization of the law of international sales. The close interrelation between comparative law and uniform law is also apparent in the life and the work of Ernst Rabel as his treatise on the law of sales developed from the preparatory work he had done for the UNIDROIT project to create a uniform law for international sales in the 1930s. The second section of this article outlines the most important projects in this area and their interaction with comparative law. The third section discusses selected characteristic features of the law of sales which are interesting from a comparative point of view.

The Charter of Economic Rights and Duties of States and the Deprivation of Foreign-Owned Wealth

1981 ◽  
Vol 75 (3) ◽  
pp. 437-475 ◽  
Author(s):  
Burns H. Weston
Keyword(s):  
Franz Kafka ◽  
The Other ◽  
Economic Rights ◽  
The Third ◽  
The Law ◽  
The Moment

In a parable drawn from The Trial, Franz Kafka once etched the following chilling profile: Before the Law stands a doorkeeper on guard. To this doorkeeper there comes a man from the country who begs for admittance to the Law. But the doorkeeper says that he cannot admit the man at the moment. The man, on reflection, asks if he will be allowed, then, to enter later. “It is possible,” answers the doorkeeper, “but not at this moment.” Since the door leading into the Law stands open as usual and the doorkeeper steps to one side, the man bends down to peer through the entrance. When the doorkeeper sees that, he laughs and says: “If you are so strongly tempted, try to get in without my permission. But note that I am powerful. And I am only the lowest doorkeeper. From hall to hall keepers stand at every door, one more powerful than the other. Even the third of these has an aspect that even I cannot bear to look at.” These are difficulties which the man from the country had not expected to meet; the Law, he thinks, should be accessible to every man at all times….

scholarly journals AL-IJARAH AL-MUNTAHIYAH BI AL-TAMLIK (IMBT) DALAM PERSPEKTIF ANATOMI KONTRAK BISNIS

ALQALAM ◽  
2009 ◽  
Vol 26 (2) ◽  
pp. 193
Author(s):  
Jaih Mubarok
Keyword(s):  
Financial Institutions ◽  
Financial Institution ◽  
The State ◽  
Point Of View ◽  
Third Party ◽  
Business Unit ◽  
The Third ◽  
Arbitration Board ◽  
The Law ◽  
The Third Party

AI-Ijarah al-Muntahiyyah bi al-Tamlik (IMBT) is conceptually almost the same as leasing which is conducted by world financial institutions, including those of in Indonesia. IMBT is a service product of syari'a financial institution which is transparant and is able to involve the third party whenever it is necessary. In the context of Indonesia, economic syari'a is culturally designed and run by the Coumil of Indonesian Ulama (MUI). In order to regulate the bussiness in the syari'a system, MUI forms the Council of National Syari'a (DSN) issuing the fatwas; in order to give monitoring, DSN places The Board ef Syari'a Controller (DPS) in every business unit which uses syari'a system; in order to solve the syari'a business disputation, MUI forms the Arbitration Board of National Syari'a (Basyarnas). Moreover, The State has structurally accomodated the system of syari'a business in law and regulation. Therefore, The openess characteristics (the principle of free based contract) which is also practiced in the contract of IMBT is restricted by the law and regulation and considered appropriate in syari'a point of view based on DSN-MUI fatwas.

scholarly journals دلالة الباء التضمنية و المطابقية في آية الوضوء

2022 ◽  
Vol 6 (1) ◽  
Author(s):  
جيران ، حمد علي هارب
Keyword(s):  
Point Of View ◽  
The Third ◽  
The People ◽  
The Difference ◽  
Definition Of ◽  
The Impact

This research discusses the significance of the underlying and corresponding (B) in the verse of ablution .It consists of a preface , four chapters and a termination .Within the limits of the preface , it dealt with the clarification of the importance of the research .In the first chapter , it dealt with the definition of the underlying significance according to the jurists point of view , also the scientists, point of view who support the underlying significance and the people who agree with them , as well as the aspects of the Hanafia’s and the shafia's inference regarding the implication.   The research also deals with the definition of the corresponding significance according to the jurists' point of view as well as the scientists' point of view who support the correspondence of the (B) significance .These people are the Malikia and the Hanablah and the people who agree with them as well as the aspects of their inference in this issue .The third chapter tackles the more acceptable significance of the two discussed in the former chapters .The final one clarifies the impact of the difference between the underlying and the corresponding (B) according to the jurists' point of view .Finally the research is concluded by the most important deductions.

scholarly journals Islam-osmanli state law in Serbia

2006 ◽  
pp. 271-286
Author(s):  
Miroljub Jevtic
Keyword(s):  
Social Relations ◽  
The State ◽  
Legal Order ◽  
Point Of View ◽  
State Law ◽  
Normal Functioning ◽  
Basic Goal ◽  
The Law ◽  
The Moment ◽  
State Functions

Every state functions through its legal order and that legal order shows the nature of every state. From that point of view, the nature of the state and the authority which functioned in the regions of the Serbian lands from the moment of the Osmanli conquests till the end of that rule was best reflected through the law which regulated social relations. If one views the state which ruled in the regions of the Serbian lands in that way, one can clearly state that it, in its nature, had the basic goal to realize Islamic doctrine. All legal acts which the administration in Constantinople passed to ensure its normal functioning had the Islamic character. As most of these acts had been created long before the birth of the Osmanli state, they cannot be called Osmanli, because they were not such by their origin or their essence. It is specially important that their intention was not to maintain the Turkish national idea, as it could be concluded from a large number of historical syntheses which discuss that part of our history, but the triumph of Islam. Therefore, it is most correct to call that law Islamic-Osmanli law because its largest part had been created before the appearance of the Osmanli state and had as a goal the triumph of Islam; it is an Osmanli law because it was implemented in the territories ruled by the Osmanli dynasty.

Marrying “Well”: Debating Consanguinity, Matrimonial Law, and Brazilian Legal Medicine, 1890–1930

2015 ◽  
Vol 33 (3) ◽  
pp. 703-743 ◽  
Author(s):  
Okezi Otovo
Keyword(s):  
Catholic Church ◽  
Critical Issue ◽  
Civil Code ◽  
Law Schools ◽  
The Third ◽  
History Of ◽  
The Law ◽  
Old Republic ◽  
The Moment ◽  
Special Circumstances

On August 28, 1919, Brazil's most famous pediatrician, Dr. Carlos Arthur Moncorvo Filho, addressed his colleagues at the illustrious National Academy of Medicine in Rio de Janeiro, reminding them that consanguineous marriage was the topic of the moment. Dr. Moncorvo Filho's insistence that “everyone knew why” was a reference to a proposal made before the Senate just three months prior by Senators Eloy de Souza of the state of Pernambuco and Álvaro de Carvalho of São Paulo. The senators proposed that language prohibiting marriage between blood relatives in the recently ratified Brazilian Civil Code be amended to allow for special juridical or medical dispensation. Souza and Carvalho, with the backing of the Catholic Church and a minority of members of the Brazilian Institute of Attorneys, supported permitting marriage between third-degree relatives under special circumstances. At issue for the attorneys was how the law would deal with situations in which couples had a compelling need to marry within the third degree of kinship. A recent case of an uncle who had “deflowered” his niece and then offered to “remedy the damage” through marriage brought this issue to public debate. Marriages between uncles and their nieces and aunts and their nephews (third-degree relations) were traditional in Brazil, and Brazilian law had a long history of yielding to custom and context. However, under the new laws of the 30-year-old republic, this type of marriage was no longer legal, having been specifically prohibited by the 1916 Civil Code. Senators Souza and Carvalho, both lawyers by training, proposed reforming the Code, while their ultimately unsuccessful amendment sparked vigorous debate in both legal and medical circles on the validity of marriage restrictions within the third degree of consanguinity. As a result, physicians at Brazil's leading medical schools and their jurist counterparts at the law schools took sides on this critical issue, dividing themselves into rival camps of consanguinistas and anticonsanguinistas.

scholarly journals Komparasi Hukuman Pidana Masyarakat Pinggiran dalam Perspektif Hukum Positif dan Hukum Islam

2019 ◽  
Vol 5 (1) ◽  
pp. 1-27
Author(s):  
Al Juraimy
Keyword(s):  
Islamic Law ◽  
The State ◽  
Point Of View ◽  
Criminal Cases ◽  
The People ◽  
Displaced Children ◽  
The Law

Abstract Islamic law strongly holds the principles of fairness in deciding a case. As the author described above that the person who stole because of compulsion or for fulfilling his life there is no punishment for him. Because the above cases are small cases that befall the people whose notables are not economically capable. Then what should be done to those fringe peoples? In the context of Islam, if they can not meet the daily needs (needs to eat or continue to live) then they will be dependent on the Baitul Maal or other languages that are responsible for themselves by following article 34 UUD 45 is poor and the displaced children are maintained by the state. This article will present a point of view on some criminal cases above from two different laws, namely Islamic law and the law in Indonesia.    

scholarly journals The Book of Ruth in the time of the Judges and Ruth, the Moabitess

2016 ◽  
Vol 37 (1) ◽  
Author(s):  
Gerda De Villiers ◽  
Jurie Le Roux
Keyword(s):  
Second Temple ◽  
Alternative Interpretation ◽  
Point Of View ◽  
Biblical Hermeneutics ◽  
Second Temple Period ◽  
Mixed Marriages ◽  
The People ◽  
The Law ◽  
Scholarly Attention ◽  
Foreign Wives

This article addresses two issues in the Book of Ruth that have not yet received much scholarly attention: why is the narrative plotted in the time of the judges, whilst the time of narration dates to the postexilic period, and why is one of the protagonists Ruth, the Moabitess, whilst the law in Deuteronomy 23:3�4 (HB 4�5) clearly forbids the presence of Moabitess and Ammonites in the community of YHWH? A suggestion is made that a possible explanation to both these questions may be found in tensions regarding Israel�s identity in the Second Temple period. Two different yet not completely opposite viewpoints are illuminated: that of the Books of Ezra and Nehemiah who envisioned an exclusive Israel that is construed along genealogical and religious lines, and that of the Book of Ruth where solidarity with the people of Israel and the worship of YHWH are embraced by foreigners. Both sides are concerned about the identity of Israel and loyalty to YHWH, yet they employ a different jargon in order to argue for the inclusion or exclusion of foreigners. Furthermore, Ezra and Nehemiah consider mixed marriages as a serious threat to Israel�s identity, and they justify the expulsion of foreign wives on the basis of the Book of Moses. According to the Book of Deuteronomy, Moses interpreted the Torah for the children of Israel at Mount Nebo in Moab: Moab thus functioned as an interpretive space for the Torah. The Book of Ruth proposes an alternative interpretation of the Torah, also from the plains of Moab and the exegesis comes in the person of Ruth, the Moabitess.Intradisciplinary and/or interdisciplinary implications: This article challenges the point of view that the Book of Ruth is a charming narrative of loyalty and love. Research reveals that this Book is a polemic document and its main contribution is to the intradisciplinary field of biblical hermeneutics that requests a re-interpretation of texts for changing circumstances.

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