Law’s Contradictions

Author(s):  
Nimer Sultany

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.


De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.


Author(s):  
V. Кroitor

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".


2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.


2017 ◽  
Vol 99 (1) ◽  
Author(s):  
Matias Slavov

Abstract:Given the sharp distinction that follows from Hume’s Fork, the proper epistemic status of propositions of mixed mathematics seems to be a mystery. On the one hand, mathematical propositions concern the relation of ideas. They are intuitive and demonstratively certain. On the other hand, propositions of mixed mathematics, such as in Hume’s own example, the law of conservation of momentum, are also matter of fact propositions. They concern causal relations between species of objects, and, in this sense, they are not intuitive or demonstratively certain, but probable or provable. In this article, I argue that the epistemic status of propositions of mixed mathematics is that of matters of fact. I wish to show that their epistemic status is not a mystery. The reason for this is that the propositions of mixed mathematics are dependent on the Uniformity Principle, unlike the propositions of pure mathematics.


2020 ◽  
Vol 66 (3) ◽  
pp. 406-432 ◽  
Author(s):  
Alain Gignac

This article compares a discursive analysis of 2 Thess 2 and Giorgio Agamben's use of the same passage in his political philosophy (in at least three of his books). On the one hand, 2 Thess 2 is a complex and detailed eschatological scenario, but ultimately elliptical – with a self-referential enunciative device centred on a ‘super blank’, the κατέχον/κατέχων, which it is preferable not to identify. On the other hand, despite some shortcuts, Agamben aligns with the main intuitions of 2 Thess 2, which finally returns the reader to his/her own present where a conflict is played out between, on one front, the Messiah and his community, and, on the other front, the anti-messiah and his anti-messianic community. According to Agamben, the κατέχον/κατέχων is a negative figure, the legal facade that prevents unmasking the anomie of current political systems and delays the establishment of a messianic community beyond the law.


1820 ◽  
Vol 110 ◽  
pp. 45-100 ◽  

Since the period of the brilliant discovery of Malus of the polarisation of light by reflection, the investigation of the general laws which regulate the action of crystallized bodies on light, has advanced with a rapidity truly astonishing, and the labours of an Arago, a Brewster, and a Biot, have already gone far towards completing the edifice of which that distinguished philosopher laid the foundation. When Malus wrote, the list of doubly refracting crystals was small, and the most remarkable among them possessing only one axis of double refraction, it seems to have been for some time, tacitly at least, presumed that the law discovered by Huygens, and since re-established in the most rigorous manner for that one, might hold good in all. The discovery, by Dr. Brewster, of crystals possessing two axes of double refraction, or two directions in which a ray may penetrate their substance without separation into distinct pencils, has proved the fallacy of any such generalization, and rendered it necessary to enter on a far more extensive scale of investigation. There are two methods which may be pursued in observations on double refraction and polarisation, the one direct, the other indirect. The former turns on immediate observations of the angular deviation of the extraordinary pencil, and is, of course, only applicable when the forces which act exclusively on the rays composing it are sufficiently intense to cause a sensible separation of the two pencils. There exist, however, a multitude of crystals in which the force of double refraction is so feeble as to produce scarcely any, or at most a very inconsiderable deviation of the extraordinary ray, and in which, consequently, the laws of double refraction could neither be investigated nor verified, without having recourse to some artificial means of magnifying the quantity to be observed; a thing easy enough in theory, but requiring, in practice, the greatest nicety on the part of the observer, and in many cases altogether impracticable, from the physical constitution of the crystals themselves. The indirect method depends on the discovery of Arago, scarcely inferior in intrinsic importance to that of Malus, of the separation of a polarised ray into complementary portions by the action of a crystallized lamina. It was reserved, however, for the genius of M. Biot, to trace this striking phenomenon to its ultimate causes, in the action of crystals on the differently coloured rays, and to develope, in a simple and elegant theory, the successive gradations by which the polarisation of a ray in its passage through a doubly refracting crystal is performed; while, on the other hand, the splendid phenomena of the polarised rings, which we owe to Dr. Brewster, have established the connection of the tints so polarised with the force producing the deviation of the extraordinary pencil, and shown the legitimacy of conclusions respecting the intensity of the latter, drawn from observations on the former.


2007 ◽  
Vol 15 (1) ◽  
pp. 80-109 ◽  
Author(s):  
Yael Shemesh

The biblical story of Zelophehad's daughters (Numbers 26 and 36, Josh. 17:3-6) and its avatars in talmudic midrashim and modern feminist midrashim are studied from a gender perspective. The biblical story is shown to be ambiguous, in that, on the one hand, its heroines are five impressive women who bring about a change in the law that bene ts certain women, while, on the other hand, it is firmly set in an androcentric patriarchal context whose focus is the survival of the father's name. Even though the biblical story is not feminist, it includes elements that made it possible for the feminist aspect to be raised in the talmudic midrashim (which other general praise for women as compared to men or recognition and acknowledgement of male discrimination against women)—and all the more so in modern feminist midrashim that present the five women as possessing a well-developed feminist consciousness and as a positive model of sisterhood.


Author(s):  
Amelia Veronica Singh

The new Romanian Civil Code regulations have reconfirmed the rule ofproportionality when speaking about profit and loss in a partnership agreement. Basically,the law does not require that the participation of partners in profit and loss be necessarilyproportional to their contribution to the society’s capital and the associates can evendetermine their share of benefits and losses. In case the associates establish by contract onlytheir share of benefits, then their contribution to losses will become proportional to theirprofit share. If the share of profit is not proportionally equal with the contribution, then thecontribution to debts will be proportional with the profit share and not with the contributionbrought to the capital.One must keep in mind as compulsory the condition that each partner shouldparticipate both in profit and loss sharing. On the one hand, a partner cannot reserve all thebenefit for himself only, while on the other hand the partners cannot decide that one orseveral of them are exempted from participating in loss sharing. Also, they cannot set aprovision by which a partner is excluded wither from profit sharing or from participation inloss, as this provision would be void ab initio.


Author(s):  
Paweł Jabłoński ◽  
Przemysław Kaczmarek

The aim of this paper is to show the derivative concept of legal interpretation from the point of view of the structure of limits of the juridical power. This structure includes the politico-legal culture, the legal text, the juridical culture, and personal factors, such as ethical and aesthetic judgements. These days, the derivative concept is the most influential Polish theory of legal interpretation. According to this concept the process of interpreting the law is a kind of a game between the legal text and extratextual factors, which are treated as extratextual limits of juridical power. On the one hand, the legal text does not determine the full meaning of the law, although it has great importance for it. On the other hand, the derivative concept precisely identifies certain others factors that are relevant for the content of law.


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