scholarly journals Civil law and the role of the State

2021 ◽  
Author(s):  
Attila Harmathy
Keyword(s):  
Everyday Life ◽  
Legal System ◽  
Civil Law ◽  
Present Situation ◽  
Public Law ◽  
The State ◽  
Role Of The State

Abstract The profound changes in both everyday life and the legal system over the last hundred years have transformed civil law as well. While the notion that civil law concerns relationships of private persons still prevails, the traditional public law–civil law division now seems questionable. This paper points out some of the key changes in civil law within the framework of the transformation of the legal system as a whole, and seeks to outline a different approach that may help better to understand the present situation.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

FLEXIBLE FORMS OF EMPLOYMENT. A PANORAMIC VIEW OF THE ISSUES FROM PERSPECTIVE OF LABOUR LAW

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 147-157
Author(s):  
Jerzy Wratny
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Working Time ◽  
Social Aspects ◽  
Labour Law ◽  
Panoramic View ◽  
Negative Results ◽  
Role Of The State

The notion and the classification of the flexible forms of employment including working time solutions and work carried out under civil law contracts have been presented in the study. The premises of the growing flexibility of employment in technological, economic and social aspects have been discussed as well. According to the opinion of the author flexibility of employment is an ambiguous fenomenon having at the same time chances and threats both. Although the role of the state and legal system is to protect workers from negative results of some solutions.

scholarly journals Application of Therapeutic Jurisprudence: A Different Approach to Punishment in Kenya

2017 ◽  
Vol 2 (1) ◽  
pp. 39-62
Author(s):  
Eric Kariuki
Keyword(s):  
Mental Health ◽  
Legal System ◽  
Critical Role ◽  
The State ◽  
Therapeutic Jurisprudence ◽  
Law And Order ◽  
Criminal Courts ◽  
Role Of The State ◽  
Primary Form

A critical role of the State is the regulation of crime by maintaining law and order and, at the same time, punishing crime. This paper seeks to address the retrogressive way crime is punished in Kenya. The author proposes that this can be rectified through the application of the doctrines of therapeutic jurisprudence (TJ), a theory first propounded by David Wexler when he tried to create a solution to the treatment of mental health victims in criminal courts. This paper takes his theories and applies them to the Kenyan context. In addressing these issues, this paper shall first look at the existing theories behind punishment, with focus on incarceration as the primary form of punishment, and highlight their flaws. It shall then look at TJ and explain how it can be infused into the Kenyan legal system. In doing so, the paper argues, the effectiveness of punishment can be greatly increased.

scholarly journals Current Stateʼs Attitude Towards Municipal Self-Government in Slovakia

2019 ◽  
pp. 49-74
Author(s):  
Martin Vernarský
Keyword(s):  
State Power ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
The Self ◽  
Judicial Power ◽  
Legal Regulations ◽  
Limited Extent ◽  
Role Of The State

The aim of the presented article is to point out, on the basis of a selected casuistry, signals indicating the attitude of the state (judicial power as part of the state power) towards the self-government in Slovakia. The author focuses only on the sphere of the municipal self-government because of its explicit constitutional embedding and also because of a limited extent of this article. It is about examination, whether the imaginary scissors between the legal regulation and putting it into practice open or close and from a broader perspective it is also about examination whether the statist attitude towards the role of the state in ensuring public law activities, in spite of changes in legal regulations after 1989, still remains or is gradually eliminated.

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