scholarly journals Louisiana's Mixed Legal System

2019 ◽  
Vol 15 (2) ◽  
pp. 341-357
Author(s):  
Robert A. Pascal

The author analyses the Louisiana experience as a basis for suggesting that the codified law methodology which Professor Tancelin favors presupposes a respect for law as the science and art of order for the common good, a respect that decreases as men ignore the ontological bases of human community and regard society as an association of individuals for selfish concerns.

Author(s):  
Jorge Núñez Grijalva

In all areas of the legal world there are higher aspirations, which represent legal values to be protected, like the justice, the common good and legal security stand out. The present work was proposed to analyze if the Ecuadorian Legislator, in its process of construction and promulgation of the criminal law regulating against the unfair competition, incorporated these three values into it. Regrettably, the results show an apparent absence of the three legal values in criminal law, leaving legal operators at a disadvantage in view of the need to control this type of crime and society, awaiting compliance. Through an exercise of legal hermeneutics, the study starts from a real problem in the Ecuadorian legal system of the criminal law against of the unfair competition, which demands to be discussed in the search for the State to take the necessary measures to solve this problem.


Author(s):  
Mark Lazenby

Marked by nationalism, extremism, and xenophobia, the times require a response from nurses, a profession marked by a moral character of caring for the other, regardless of who the other is. Because nursing’s concern is the other—who shares a bond of humanity with us—nursing works for the common good. The collection of nurses that is the profession of nursing worldwide works for the common good, in its collective, by caring for the entire human community. The book’s central argument is that the profession can work for the common good through fulfilling obligations to the entire human community and that which sustains the human community. The obligations this book explores are to promote human equality, to give assistance to those who need it, to promote peace and safety, to respect Earth as a living entity with a moral status of its own, and to respect one’s own and others’ humanity. Working for the common good will produce a better world for everyone and for others who come after, which is the ultimate aim of the profession of nursing.


2009 ◽  
Vol 26 (3) ◽  
pp. 110-127
Author(s):  
Abdoulaye Sounaye

Unexpectedly, one of the marking features of democratization in Niger has been the rise of a variety of Islamic discourses. They focus on the separation between religion and the state and, more precisely, the way it is manifested through the French model of laïcité, which democratization has adopted in Niger. For many Muslim actors, laïcité amounts to a marginalization of Islamic values and a negation of Islam. This article present three voices: the Collaborators, the Moderates, and the Despisers. Each represents a trend that seeks to influence the state’s political and ideological makeup. Although the ulama in general remain critical vis-à-vis the state’s political and institutional transformation, not all of them reject the principle of the separation between religion and state. The Collaborators suggest cooperation between the religious authority and the political one, the Moderates insist on the necessity for governance to accommodate the people’s will and visions, and the Despisers reject the underpinning liberalism that voids religious authority and demand a total re-Islamization. I argue that what is at stake here is less the separation between state and religion than the modality of this separation and its impact on religious authority. The targets, tones, and justifications of the discourses I explore are evidence of the limitations of a democratization project grounded in laïcité. Thus in place of a secular democratization, they propose a conservative democracy based on Islam and its demands for the realization of the common good.


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