A Socialist Legal System in the Making: Mozambique before and after Independence

1982 ◽  
pp. 281-323 ◽  
Author(s):  
BARBARA ISAACMAN ◽  
ALLEN ISAACMAN
Keyword(s):  
Legal System ◽  
Before And After

An exercise on the internal logic of legal systems

Legal Studies ◽  
1987 ◽  
Vol 7 (3) ◽  
pp. 310-318 ◽  
Author(s):  
Esin Örücü
Keyword(s):  
Legal System ◽  
Legal Systems ◽  
Internal Logic ◽  
Before And After ◽  
The One

At the outset, an exploration of the terms exercise, legal system, and internal logic used in the title of this paper may be useful. The assumption that a legal system has an intrrnal logic, also needs accounting for.I call this an exercise because it is but a preliminary search for an all-embracing explanation for various specific and isolated observations related to legal systems; an attempt to prove that legal systems unfold in a way predetermined by their internal logic and that every step in this unfolding is a sine qua non of the one before and after. This is also called an exercise, because it is an attempt at analysing only three of the legal families or cultures.

Europeanisation of Polish Law Following Poland’s Accession to the European Union

2017 ◽  
Vol 71 (0) ◽  
pp. 61-71
Author(s):  
Robert Grzeszczak
Keyword(s):  
European Union ◽  
Legal System ◽  
The European Union ◽  
National Legal System ◽  
Before And After ◽  
The Government ◽  
Polish Law ◽  
Two Stages ◽  
The Relationship ◽  
The Eu

The article concerns primarily the effects of the membership of the European Union on national (Polish) law and, to a limited extent, on the political system of a state. The conclusions presented in the article are of universal value. Although the article deals with Polish affairs, the principles, tendencies and consequences identified are typical of the relationship state – the EU, both before and after accession, regardless of the state concerned. It should be, however, noted that the path to membership and the membership itself are different in each case. The practice of the Polish membership of the European Union, its systemic dimension and the changes in the national legal system (Europeanisation) do not differ significantly than in the case of other Member States. Europeanisation of Polish law, politics, economy, culture and society has been in progress since the 1990s. One can differentiate between two stages of Europeanisation: before and after Poland’s EU accession, each characterised by different conditions. Over time, this process, on the whole, has been undergoing numerous changes but it has never weakened in importance. Poland faces issues such as poor legitimation of integration processes, supremacy of the government over the parliament, passivity of parliamentary committees in controlling the government and EU institutions in the decision making process, as well as dilution of responsibility for decisions taken within the EU. The process of Europeanisation relies mostly on direct application of the standards of EU law in the national legal system, implementation of directives into national law and harmonisation or standardisation of national legal solutions so that they comply with the EU framework. It is also reception of a common, European (Union) axiology.

Before and After the Central Park Jogger: When Legal Cases Become Social Causes

Contexts ◽  
2005 ◽  
Vol 4 (3) ◽  
pp. 38-42 ◽  
Author(s):  
Lynn Chancer
Keyword(s):  
Legal System ◽  
The Political ◽  
Criminal Cases ◽  
Legal Cases ◽  
Central Park ◽  
High Profile ◽  
Public Debates ◽  
Before And After ◽  
Social Causes

A number of recent high-profile criminal cases have served as vehicles for public debates about race, gender, and class prejudice. What are the implications of these cases for the legal system and for the political activists who become involved with them?

scholarly journals Status of International Law In Indonesian National Law: Review of International Conventions in Indonesian Legal System

2017 ◽  
Author(s):  
Hamza Baharuddin ◽  
Achmad Zulfikar
Keyword(s):  
Social Sciences ◽  
International Law ◽  
Legal System ◽  
International Research ◽  
International Treaties ◽  
International Treaty ◽  
System P ◽  
Before And After ◽  
The Status ◽  
International Conventions

This manuscript is an Extended Abstract from the Abstract that has been presented in 2nd International Research Conference on Economics, Business and Social Sciences. This manuscript provides a simple overview of the status of international conventions as the part of international law. Several parts of the whole paper have been revealed which result comparing the three international treaties endorsed by the Indonesian government before and after the enactment of Law No. 24 of 2000 on the International Treaty. If you need more information related to this manuscript please contact the author.

Formalism over Function: Compulsion, Courts, and the Rise of Educational Formalism in America, 1870–1930

2012 ◽  
Vol 114 (1) ◽  
pp. 1-27 ◽  
Author(s):  
Ethan L. Hutt
Keyword(s):  
Twentieth Century ◽  
Legal System ◽  
Compulsory Education ◽  
State Courts ◽  
Compulsory Schooling ◽  
Early Twentieth Century ◽  
Before And After ◽  
History Of ◽  
Late Nineteenth ◽  
The Impact

Background/Context Though the impact of the legal system in shaping public education over the last sixty years is unquestioned, scholars have largely overlooked the impact of the legal system on the early development and trajectory of public schools in America. Scholars have given particularly little attention to the period in the late nineteenth and early twentieth century, when states began passing laws requiring that children attend school for some portion of the year. These laws brought an end to the era of voluntary schooling in America while posing a difficult set of legal and educational questions for judges who had to interpret and apply them. The evolving logic of these decisions subsequently shaped the role, purpose, and form of education in America. Purpose/Objective/Research Question/Focus of Study This article offers a legal history of compulsory education in the late nineteenth and early twentieth century. In doing so, it seeks to understand the role that courts played in shaping the character and development of the modern school system by examining court cases that stemmed from the passage of compulsory schooling laws. By examining decisions from both before and after the passage of these laws, it is possible to trace shifts in judicial thinking about the role and purpose of these laws and to recognize the role that these rulings played in developing a specific vision—and particular grammar—of schooling. Research Design This article is a historical analysis that focuses exclusively on cases brought in state courts relating to the rights of parents to control the education of their child before and after the passage of compulsory schooling laws. Though the rulings examined were issued by individual state courts and state supreme courts, attention is paid to the sharing of ideas between courts from different states and the collective vision of the purpose of compulsory school laws that resulted. Conclusions/Recommendations The shift from voluntary to compulsory schooling that occurred at the turn of the century was attended by an equally dramatic shift in the educational vision articulated by judges. The courts began the period with a view of the aims of education as being synonymous with learning, only to end the period with a view of education as being synonymous with attendance at school—a change that represents a shift from educational substance to educational formalism. Thus, this article argues, the history of compulsory education is also the history of the rise of educational formalism, and the courts played an important, and as yet unrecognized, role in legitimating and facilitating a vision of schooling that privileged certainty and order over substance and complexity.

4.5 Summary This section has examined the ECHR and the HRA 1998 discussing briefly their effects on English law. The mere incorporation of the Convention rights into English law without the enforcement machinery takes some of the power out of the Convention at the level of the English UK domestic courts. However, the incorporation of the rights does make far reaching changes to the way in which legislation is scrutinised in Parliament, and to the operation of precedent, as judges in court now have to take notice of cases in the ECtHR and other relevant cases. Much of the development of both the judicial review process of judges reviewing decisions by central, devolved and local government and common law will depend on whether English judges choose to vigorously support the Convention and uphold rights, using where necessary a purposive rather than a literal approach to interpretation. However, although they can declare that legislation is incompatible with the Convention they cannot invalidate that legislation. The limit on their actions when they are faced with incompatible legislation seems problematic. This is a problem caused by the decision not to incorporate Article 13, specifying that there must be the provision of an effective remedy in national courts. This is a major area of national court weakness in the UK’s chosen method of incorporating the ECHR. The primary rationale for discussing these matters is to consider the European dimensions of English law with a view to issues of legal method, to obtain a basic grasp of how the ECHR as a treaty has operated at European level for 50 years and what changes may occur now that the Convention rights have been incorporated into the English legal system. In addition, students need to be familiar with the terminology used to discuss treaties, and be careful not to confuse the ECHR with the EC or EU, or both. Some of the reasons for the confusion can be found in the similar terminology. Students consistently confuse the Council of Europe (which among other things was instrumental in ensuring the creation of the ECHR) with similarly named institutions in the EC and now the EU (eg, the European Council is now called the Council of the European Union). Part of the difficulty confronting the student lies in the close proximity between names (for example, the Council of Europe and the Council of the European Community). In addition the similar time scales when the Convention was signed in 1951 and the Treaty of Rome in 1957 (setting up the EC) can cause confusion. Part of the difficulty is just the unfamiliarity of the area, the institutions and the vast array of new concepts and names. These problems will not just go away but they will lessen as understanding of differences and similarities increases. The European context of English law is becoming increasingly important. This second section of this chapter was designed to help students grasp the significance of the ECHR before and after its partial incorporation into English law. It is predicted that it will be a rapid growth area for the English legal system and it is important that it is not confused with anything else. Yet it is also important to note that the EC and EU make reference to the ECtHR. Therefore, it is not really sufficient to say that these areas are entirely separate as they do have interrelationships. With these distinctions in mind, it is now appropriate to turn to the EC, EC law and the EU.

2012 ◽  
pp. 141-141
Keyword(s):  
Legal System ◽  
National Court ◽  
The European Union ◽  
Council Of Europe ◽  
Similar Time ◽  
National Courts ◽  
Before And After ◽  
English Law ◽  
Effective Remedy ◽  
The Eu

ABOUT THE PROBLEM OF CONFLICTABILITY OF INHERITANCE REFUSAL DEALS DURING INSOLVENCY PROCEDURE IN RUSSIA AND GERMANY

2021 ◽  
pp. 193-203
Author(s):  
Tatyana P. Shishmareva ◽  
Keyword(s):  
Legal System ◽  
Roman Law ◽  
Property Damage ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Supreme Court ◽  
Before And After ◽  
Definition Of ◽  
The Right ◽  
To Receive

The possibility of inheritance refusal deals of an insolvent debtor was a subject of discus-sion even in Roman law, in which there were ideas about the impossibility of challenging such a transaction using Actio Pauliana. The problem of the contestability of inheritance refusal deals is investigated using the method of comparative studies with the aim of a deeper scientific and theoretical knowledge of the legal nature of rejection of inheritance in the legal system of Germany, which had a significant impact on Russian law. Main approaches of German legislators to the regulation of refusal of inheritance by the debtor, over whose property an insolvency procedure has been introduced, are indicated, ac-cording to which § 83 Insolvenzordnung specifies that such a transaction was made exclusively by the debtor himself. The author analyzes the German jurisprudence on the disputability of inheritance refusal deals by the insolvent debtor, reveals the legal positions of the Supreme Court of Germany that there are no grounds for challenging such a transaction as aimed at the withdrawal of the assets of the insolvent debtor. Arguments are also presented in favor of the impossibility of challenging the inheritance refusal deals in the doctrine of Germany. The analysis of the Russian inheritance legislation on the rejection of inheritance is carried out. The author defines the nature of the right to acquire an inheritance as a personal right of the heir when deciding to renounce the inheritance both before and after the introduction of the insolvency procedure. In accordance with this definition of the essence of the right to acquire an inheritance, it was concluded that there is no need to receive an approval on the decision of the debtor to accept or refuse the inheritance with the arbitration manager if the debtor enters into inheritance refusal deals during the course of insolvency procedures. The article analyzes the judicial practice that is developing in the Russian legal system re-garding challenging inheritance refusal deals. In jurisprudence, a tendency has been revealed to challenge inheritance refusal deals as suspicious transactions causing property damage to the creditors of the insolvent debtor. It is pointed out that in the modern Russian doctrine, the features of inheritance refusal deals have not been studied. An aspect of current legal system is the concept of “rejection of the inheritance”, which is qualified as the inaction of the debtor, through which he expresses his will to refuse the inheritance. The heir's inaction cannot be challenged on general civil grounds due to his lack of signs of a transaction in the sense in which it is used in the Civil Code of the Russian Federation.The author proves that the rejection of the inheritance does not cause property damage to the creditors, since in this case there is no reduction in the property of the insolvent debtor, and the withdrawal of the debtor's assets is not carried out. The conclusion is made about the possibility of challenging the transaction of rejection of the inheritance on general civil grounds if defects are found in the transaction and there are no conditions for the application of Actio Pauliana.

Deformation Replication

1970 ◽  
Vol 28 ◽  
pp. 280-281
Author(s):  
J. Temple Black
Keyword(s):  
Cutting Speed ◽  
Machining Process ◽  
Depth Of Cut ◽  
Rake Face ◽  
Orthogonal Machining ◽  
Aluminum Chips ◽  
Before And After ◽  
Materials Used ◽  
Glass Knife ◽  
Very High

Tool materials used in ultramicrotomy are glass, developed by Latta and Hartmann (1) and diamond, introduced by Fernandez-Moran (2). While diamonds produce more good sections per knife edge than glass, they are expensive; require careful mounting and handling; and are time consuming to clean before and after usage, purchase from vendors (3-6 months waiting time), and regrind. Glass offers an easily accessible, inexpensive material ($0.04 per knife) with very high compressive strength (3) that can be employed in microtomy of metals (4) as well as biological materials. When the orthogonal machining process is being studied, glass offers additional advantages. Sections of metal or plastic can be dried down on the rake face, coated with Au-Pd, and examined directly in the SEM with no additional handling (5). Figure 1 shows aluminum chips microtomed with a 75° glass knife at a cutting speed of 1 mm/sec with a depth of cut of 1000 Å lying on the rake face of the knife.

The Clinical, Roentgenological and Morphological Effects of an Acute Exposure of Phosgene on the Lungs of Dogs

1971 ◽  
Vol 29 ◽  
pp. 236-237
Author(s):  
R. F. Bils ◽  
W. F. Diller ◽  
F. Huth
Keyword(s):  
Latent Period ◽  
Chemical Industry ◽  
Toxic Substance ◽  
Lung Edema ◽  
X Rays ◽  
Beagle Dogs ◽  
Male And Female ◽  
Morphological Alterations ◽  
Before And After ◽  
Electron Microscopes

Phosgene still plays an important role as a toxic substance in the chemical industry. Thiess (1968) recently reported observations on numerous cases of phosgene poisoning. A serious difficulty in the clinical handling of phosgene poisoning cases is a relatively long latent period, up to 12 hours, with no obvious signs of severity. At about 12 hours heavy lung edema appears suddenly, however changes can be seen in routine X-rays taken after only a few hours' exposure (Diller et al., 1969). This study was undertaken to correlate these early changes seen by the roengenologist with morphological alterations in the lungs seen in the'light and electron microscopes.Forty-two adult male and female Beagle dogs were selected for these exposure experiments. Treated animals were exposed to 94.5-107-5 ppm phosgene for 10 min. in a 15 m3 chamber. Roentgenograms were made of the thorax of each animal before and after exposure, up to 24 hrs.

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