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Auswahl der wissenschaftlichen Literatur zum Thema „Absorbed legal person“
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Zeitschriftenartikel zum Thema "Absorbed legal person"
1
Syaoki, Muhammad, und Muhammad Fikri. „THE CONTRIBUTION OF DA'WAH IN SHAPING LEGAL BEHAVIOR OF URBAN COMMUNITIES MATARAM CITY“. TASAMUH 22, Nr. 1 (23.06.2024): 31–54. http://dx.doi.org/10.20414/tasamuh.v22i1.10092.
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Da'wah activities should be able to bring about changes in the body of the ummah, including forming legal behavior which includes legal compliance, legal awareness, understanding of rights and obligations as well as ethics and morals. The more often a person participates in da'wah activities, the better his legal behavior should be. By using a qualitative method, this research tries to reveal the contribution of da'wah in shaping the legal behavior of Muslim communities in the city of Mataram. The results of this study show the contribution of da'wah in the formation of legal behavior of Muslim communities in the city of Mataram. The contribution is influenced by four factors, namely first, the attachement between the community (mad'u) and Tuan Guru/Ustadz (da'i). Second, the commitment of the community (mad'u) to follow what is conveyed by da'i in the da'wah activities they participate in. Third, involvement (involvment) refers to the intensity of the community in da'wah activities. Fourth, belief refers to the internalization of the values of religious teachings absorbed in the da'wah activities they participate in.
2
Myadzelets, Olga. „Conceptualization of the Institute of Compensation for Damages to Persons Unlawfully Subjected to Measures of Criminal Procedural Coercion During Criminal Proceedings“. Russian Journal of Criminology 18, Nr. 4 (15.10.2024): 412–20. https://doi.org/10.17150/2500-4255.2024.18(4).412-420.
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The author uses constitutional norms guaranteeing each person a right to the compensation of damages from the state if these damages were inflicted by unlawful actions of bodies of state power and their officials (Art. 53 of the Constitution of the Russian Federation), as well as the clauses interpreting these norms under Part 3, Art. 133, Art. 139 of the Criminal Procedure Code of the Russian Federation and the legal doctrine of the state’s responsibility for damages inflicted by the unlawful use of procedural coercion measures to «the third persons» during criminal proceedings; they are used to identify and analyze the features of an independent institute of the compensation of damages that is not absorbed in the institute of rehabilitation. Special attention is paid to objective and subjective factors constraining its application in court practice (the ongoing process of the development of this institute; drawbacks of the current legal regulation of the corresponding relations; certain consequences of the convergence of criminal and civil procedures of redressing damages together with the attempts to give the civil procedural form to the criminal procedure relations of this type; the lack of unanimity in the court practice in this sphere).The author outlines and substantiates specific trends in the novelization of the Criminal Procedure Code of the Russian Federation aimed at completing the legislative formulation of the unique criminal procedure means of redressing damages to a wide range of persons who suffered property harm in connection with criminal proceedings. Special attention is paid to the conceptualization of theoretical ideas on the essence of provisions in Part 3, Art. 133, Art. 139 of the Criminal Procedure Code of the Russian Federation, to identifying their relation to the «rehabilitation» norms of Art. 18 of the Criminal Procedure Code of the Russian Federation.
3
Popko, Yu. „Concepts and basis of liquidation of legal entities carried out activities in the field of agricultural production“. Uzhhorod National University Herald. Series: Law, Nr. 69 (15.04.2022): 127–31. http://dx.doi.org/10.24144/2307-3322.2021.69.22.
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Liquidation of legal entities engaged in agricultural production is one of the ways to cessation of them. The legal regime of liquidation is the legal registration of the irrevocable termination of the legal entity. Their special legal status should be taken into account during the liquidation procedure of agricultural organizations. Such organizations occupy an important place in the system of production, processing and distribution of agricultural products, and thus – in ensuring food security of the state. Therefore, the initiation of the procedure of liquidation of the studied subjects should be carried out taking into account the seasonal nature of agricultural production activities, the need to collect and sell agricultural products, etc.
The grounds for liquidation should be understood as legal facts determined by law or the constituent document, with which the legislator connects the beginning of the liquidation procedure, ie the adoption of the relevant decision by the authorized person (authority).
Legitimate grounds for liquidation of a legal entity are regulated by Art. 110 of the Civil code of Ukraine from which instructions it is seen that the legal entity is liquidated: at the will of its participants or the authorized body; on the basis of a court decision on the termination of a legal entity not related to its bankruptcy. The special legislation, which has defined the features of the formation, operation and termination of certain types of agricultural legal entities, has enshrined similar in content provisions. The key basis for voluntary liquidation is the decision of the participants or the body of the legal entity (because in fact the term for which the legal entity was established and the achievement of the purpose for which it was created are "absorbed" by the presence of such a decision). Instead, the grounds for compulsory liquidation are: court decision on liquidation of a legal entity due to violations committed during its creation, which cannot be eliminated, at the suit of the participant of the legal entity or the relevant public authority; by a court decision on the liquidation of a legal entity in other cases established by law – at the request of the relevant public authority.
4
Iswandi, Iswandi, und Bukhari Bukhari. „Tinjauan Hukum Islam terhadap Ketentuan Penegakan Hukum Pemberantasan Korupsi di Indonesia“. AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 5, Nr. 1 (06.06.2023): 797–806. http://dx.doi.org/10.37680/almanhaj.v5i1.2369.
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This study seeks to find solutions to the rampant corruption practices in Indonesia today. The purpose of this study is to further reason about the legal norms contained in the legislation related to law enforcement corruption eradication in Indonesia by using the approach of Islamic law theory. The research method used in this study is a normative juridical approach that is done by examining the theories, concepts, principles of law, legislation by putting the law as a building system of legal norms. the results of the study conducted that the legal norms contained in the legislation on the eradication of corruption contains only two elements, namely AR-Rashi and al-murtashi, on the contrary in Islamic law there are three elements of ar-Rashi, al-murtashi and ar-Ra'isy. If the element of ar-raisy (intermediary) is not absorbed into the sub-system of Corruption Eradication law, it will become very weak. the concept of punishment in the Corruption Eradication legislation is limited to imprisonment and fines, while in Islamic law it is divided into three categories, namely; First, the ta'zīr law which is about the body consisting of the death penalty and volumes; second, the ta'zīr punishment which is about the independence or freedom of a person in the form of imprisonment; and Third, ta'zīr law regarding property, such as punitive damages or fines and confiscation so that Islamic law looks more comprehensive and systematic.
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Shulga, A., O. Perederii und Y. Hryhorenko. „FACTORS OF FORMING AND TRANSFORMATION OF LAW AND ORDER OF EUROPEAN UNION: THEORETICAL LEGAL ASPECT“. Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 13, Nr. 25 (2023): 69–75. http://dx.doi.org/10.34079/2226-3047-2023-13-25-69-75.
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In the article from positions of general theoretic analysis it is expounded the authorial attempt of selection and opening is realized essence of factors, under act of that a law and order of European Union was formed. Analyzing the doctrine going near determination of maintenance of category "law" and order and taking into account legal positions of Court of European Union the authorial attempt of selection of the system of factors of forming of intergovernmental law and order of European Union is realized. In particular, it is influence of regional European political configuration of mutual relations of the states inter se; a law and order of European Union was formed on the basis of statement and unitization of going near perception of universal values of alliance; influence of integration processes between the European states on a law and order of ЄС, specific of legal communication between the states of European о Union, expansion of european legal space and exterritorial action of intergovernmental European right; influence is on transformation of law and order of ЄС of global terms and threats. Drawn conclusion that a law and order of European Union are the legal, political and cultural phenomenon., what can be considered acquisition of European people of загальноцивілізаційного value. A law and order of European Union was formed under act of many factors, character of that absorbed for itself the features of geopolitical world and european regional situation, beginning from middle ХХ century and to these days, cooperation of national cultures of people of Europe, by the search of optimal ways of economic, political and cultural integration European societies. In the conditions of activation of european integration of Ukraine actual is deep development of questions of influence of the european legal system on the legal system of Ukraine taking into account the range of problems of modern development of our state Key words: European Union, Ukraine, Legal procedure of the community, european integration, interstate law, law and freedom of person, political consensus.
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Peng, Xinlin. „The reform of criminal procedure of corruption cases in China“. International Journal of Legal Discourse 3, Nr. 1 (28.08.2018): 33–49. http://dx.doi.org/10.1515/ijld-2018-2006.
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Abstract In order to achieve fundamental results in punishing corruption crime, we should adhere to the legal anti-corruption pattern, advance with the Rule of Law, and make anti-corruption standardized and institutionalized. The bottom line is that we should reform and improve the criminal procedure for corruption crime in China. Problems in the current procedure for corruption crime mainly include: the presumption rules for corruption crime have not been established, the absence of stigma witness exemption system, the witness protection system, the investigation jurisdiction are not perfect, the supervision of investigation is weak, the lack of absentee trial system for corrupt crime, the non-institutionalization of off-site trial, technical investigation measures may be abused, and difficulties in person sought for corruption and asset recovery. To reform and improve the procedure for corruption crime in China, it is suggested that special procedures for corruption crime be set up as appropriate, relevant contents of the United Nations Convention against Corruption (UNCAC) should be reasonably absorbed, and efforts should be made to promote the institutionalization of the reform achievements in criminal procedure of corruption crime.
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Tykhonova, D. S. „The meaning and concept of public safety and order“. Bulletin of Kharkiv National University of Internal Affairs 99, Nr. 4 (21.12.2022): 191–97. http://dx.doi.org/10.32631/v.2022.4.16.
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The article is devoted to the analysis of the legal category of public safety and order, because it is currently relevant and researched in our country. This question plays an important and great role in our social life, which is determined by the highest social values of a person and a citizen. Therefore, it is the state that is entrusted with the task of fully ensuring public safety, public order and peace of our society.The article studies the scientific research in this area, considers and analyses many views of state and foreign scientists, pays much attention to the meaning and concept of "public safety" and "public order", defines the purpose and objectives of the scientific research. A comparison of concepts with related notions such as “public safety” and “public order” has been also made. Ukrainian explanatory dictionary has been used for analysis and justification.The article also mentions many scholars, their works and their interpretations, as well as their agreement and disagreement regarding the considerations of public safety and order. The view on the definition of the concepts of public safety and public order in the context of the National Police of Ukraine has been specified. And it has been also stated that the concept of “public safety” and “public order” is absorbed by a broader and more meaningful concept, such as “civil safety” and “civil order”.The opinions regarding the identification of concepts and terms have been substantiated. It has been appealed to the Basic Law of the State, namely the Constitution of Ukraine and to the Law of Ukraine “On the National Police of Ukraine”. The concepts of “public safety” and “public order”, as well as “civil safety” and “civil order” have been studied. The tasks and principles of the National Police of Ukraine have been mentioned. Attention has also been paid to the broad and narrow aspects of the concept of “public order”. At the end of the article, it has been rightly noted that the simultaneous use or identification of these concepts continues the legal conflict in the field of public security and order.
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Louisa, Ruth Deta, und Mohammad Fajri Mekka Putra. „Pendirian Persero Perorangan Tanpa Akta Notaris Berdasarkan Undang-Undang Cipta Kerja“. Jurnal Ius Constituendum 8, Nr. 2 (08.06.2023): 185. http://dx.doi.org/10.26623/jic.v8i2.6722.
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<p><em>This paper aims to explore the existence of a new form of business entity. Small and micro enterprises in Indonesia have always supported the sectoral structure of the national economy and absorbed the majority of the wage workforce. But regulatory hurdles keep them from reaching their full potential. A new law, Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation, Job Promotion and Employment Services, was promulgated by the Government other than the DPR in the context of encouraging the competitiveness of the national economy and maximizing existing potential. One of the provisions in the Act encourages the formation of a new legal entity called a Limited Liability Company with Micro Small Business Criteria which can only be established by one person. its position in corporate law, its organizational structure, organ responsibilities, and shareholder limitations and legal organ responsibilities in the event of bankruptcy. By conducting a literature review using legal literature, legal concepts, and referring to legal documents and laws as the main research material. One of the recommendations and conclusions of the research is that the company's liability is clearly limited, requiring oversight to ensure professional management and to prevent bankruptcy or dissolution of the company.</em></p><p> </p><p>Tulisan ini bertujuan untuk mengeksplorasi keberadaan bentuk baru dari badan usaha. Usaha kecil dan mikro di Indonesia selalu mendukung struktur sektor perekonomian nasional dan menyerap sebagian besar tenaga kerja upahan. Namun hambatan regulasi membuat mereka tidak dapat mencapai potensi penuhnya. Undang-undang baru, Undang-Undang Republik Indonesia Nomor 11 Tahun Tahun 2020 tentang Cipta Kerja, Promosi Lapangan Kerja, dan Pelayanan Ketenagakerjaan, diundangkan oleh pemerintah selain DPR dalam rangka mendorong daya saing perekonomian nasional dan memaksimalkan potensi yang ada. Salah satu ketentuan dalam undang-undang tersebut mendorong pembentukan badan hukum baru yang disebut perseroan terbatas dengan kriteria usaha kecil mikro yang hanya dapat didirikan oleh satu orang. kedudukannya dalam hukum perusahaan, struktur organisasinya, tanggung jawab organ, dan batasan pemegang saham dan tanggung jawab organ hukum jika terjadi kebangkrutan. Dengan melakukan kajian pustaka dengan menggunakan literatur hukum, konsep hukum, dan mengacu pada dokumen hukum dan undang-undang sebagai bahan penelitian utama. Salah satu rekomendasi dan kesimpulan penelitian adalah bahwa tanggung jawab perusahaan jelas terbatas, memerlukan pengawasan untuk memastikan pengelolaan yang profesional dan untuk mencegah kebangkrutan atau pembubaran perusahaan. <strong><em></em></strong></p><p><strong> <em> </em></strong></p><p><strong><em> </em></strong></p><p align="center"> </p><p> </p><p><strong><em> </em></strong></p>
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Baev, Valery G., und Svetlana V. Meshcheryakova. „The Process of Becoming a Political Personality and the Factors That Determine It (the experience of the German Chancellor Otto von Bismarck)“. Russian Journal of Legal Studies (Moscow) 8, Nr. 4 (18.01.2022): 23–32. http://dx.doi.org/10.17816/rjls80619.
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The proposed article attempts to reveal the process of becoming a politician, and not merely an ordinary politician, but one who develops and imposes a large-scale policy that independently determines the options for the development of his country: the creator of the Second Empire in Germany, the great statesman Otto von Bismarck. The goal of the study was to analyze the legal, political, and psychological factors that contributed to the rise of the first civil servant in the empire. The life and fate of each person are in the crosshairs objective and subjective circumstances interact. The role of external, otherworldly forces, colloquially called chance, is also not to be excluded in any such rise. Contrary to popular belief, people are not born clean slates at all. Instead, each bears the stamp of parental education and the personality and health imposed by the genetics of distant ancestors. From the enormous variety of factors, experiences, and relationships within which a personality is formed, the authors of this study chose reference points that, in their opinion, contributed most to forming the contours (or images) of Bismarck as an outstanding politician. These include the aspects of his character that absorbed and reflected the influence of his ancestors and parents (most of all, his mother), as well as the principles that prevailed in the German educational system and the public service of Germany. In this objective review, the subjective (personal) properties of the applicant for the highest administrative position in the state were acutely manifested: a hypermotivation to acquire power and the ability to recognize the importance of representing state interests for themselves.
In their conclusions, the authors relied on collections of Bismarcks letters, on his parliamentary and political speeches, and other documents that accompanied his life. They also relied upon their own interpretation of the distant events of Bismarcks life and times. The study thus acquired an intersectoral character. Although the historical subtext of our research is obvious, the proposed material will also be of interest to modern politicians.
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Wirasningrum, Ketut Yulia. „Konstruksi Hukum Tentang Kewajiban Perusahaan Daerah Bali Mempekerjakan Penyandang Disabilitas“. Acta Comitas 4, Nr. 2 (21.07.2019): 177. http://dx.doi.org/10.24843/ac.2019.v04.i02.p02.
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Indonesia as a legal state must guarantee the human rights of all citizens, including persons with disabilities. Protection of the rights of persons with disabilities is regulated in international legal instruments as well as several national legal instruments. At the regional level, the Bali Provincial Government issued Bali Local Regulation Number 8 of 2015 concerning Protection and Fulfillment of the Rights of Persons with Disabilities. Regarding the rights to the employment of persons with disabilities in the Bali Regional Regulation there is a concept discrepancy with the provisions in the Disabled Persons Act regarding the percentage of disability employment in Regional Companies. Problems found include how the concept of the problem and the ideal legal regulatory solutions regarding the obligations of Bali Regional Companies to employ persons with disabilities. The purpose of this study is for the disability workforce to be absorbed maximally in the Regional and private companies. To obtain answers to these problems, normative research methods are used with conceptual approaches and regulatory approaches. Conclusions in this discussion that in Bali Regional Regulation Number 8 of 2015 concerning the protection and fulfillment of the rights of persons with disabilities there are still problems with corporate concepts that combine the concepts of Regional Companies and private companies. ideally in the future classification of company concept arrangements will be carried out so that the obligations of Regional and private companies in employing disability workers fulfill material values ??and formal legislation.
Negara Indonesia sebagai negara hukum wajib menjamin hak asasi seluruh warga negara termasuk penyandang disabilitas. Perlindungan hak asasi penyandang disabilitas diatur dalam instrumen hukum Internasional serta beberapa instrument hukum nasional. Di tingkat daerah, Pemerintah Provinsi Bali menerbitkan Perda Bali Nomor 8 Tahun 2015 tentang Perlindungan Dan Pemenuhan Hak Penyandang Disabilitas. Perihal hak atas pekerjaan penyandang disabilitas dalam Perda Bali terdapat ketidaksesuaian konsep dengan ketentuan dalam Undang-Undang Penyandang Disabilitas perihal persentase penerimaan tenaga kerja disabilitas pada Perusahaan Daerah. Masalah yang ditemukan antara lain bagaimana problem konsep serta solusi pengaturan hukum yang ideal perihal kewajiban Perusahaan Daerah Bali Mempekerjakan penyandang disabilitas. Tujuan dari penelitian ini agar tenaga kerja disabilitas dapat terserap dengan maksimal pada Perusahaan Daerah maupun swasta. Untuk memperoleh jawaban dari permasalahan tersebut digunakan metode penelitian normative dengan pendekatan konsep dan pendekatan peraturan perundang-undangan. Simpulan dalam pembahasan ini bahwa dalam Perda Bali Nomor 8 Tahun 2015 tentang perlindungan dan pemenuhan hak penyandang disabilitas masih terdapat masalah konsep perusahaan yang menggabungkan konsep Perusahaan Daerah dan perusahaan swasta. idealnya ke depan dilakukan klasifikasi pengaturan konsep perusahaan sehingga kewajiban Perusahaan Daerah dan swasta dalam mempekerjakan tenaga kerja disabilitas memenuhi nilai material dan formal peraturan perundang-undangan.
Dissertationen zum Thema "Absorbed legal person"
1
Diomande, Yannick. „L'absorption d'une personne morale membre d'un conseil d'administration : étude comparée“. Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0482.
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L’opération de fusion-absorption d’une personne morale est une question en soi difficilement appréhendée tant dans les effets qu’elles déploient que dans l’organisation d’une telle opération. Cette difficulté propre à la nature d’une telle opération prendra une allure tout autre lorsqu’une personne morale membre d’un conseil d’administration s’y trouve impliquer. Toutes les hypothèses pouvant être développées traduisent non seulement la diversité mais également la complexité d’un tel sujet. Si cette question telle qu’elle est évoquée, est révélatrice du caractère instrumental du droit des sociétés, force est de reconnaître que la résolution d’une telle problématique devrait se faire par la conciliation des caractéristiques propres au droit des fusions mais aussi en tenant compte des spécificités entourant la personne morale administrateur. La transmission universelle du patrimoine, la réorganisation des pouvoirs post-fusion, les droits des créanciers, le problème de la représentation de la personne morale dans la société absorbante, la gouvernance de la société administrée, l’intrusion d’une personne morale tierce, les questions de fusions internationales sont autant de questions soulevées par cette problématique. La solution de cette problématique commande une étude minutieuse des questions soulevées à l’aune du droit OHADA et du droit françaisThe merger-absorption operation of a legal entity is a question in itself difficult to apprehend both in the effects that it deploys and in the organization of such an operation. This difficulty peculiar to the nature of such an operation will take on a completely different character when a legal person on a board of directors is involved. All the hypotheses that can be developed reflect not only the diversity but also the complexity of such a subject. If this question is mentioned, it is indicative of the instrumentality of company law, it must be recognized that the resolution of such a problem should be achieved by reconciling the specific features of merger law but also by taking into account the specificities surrounding the legal person director. The universal transmission of heritage, the reorganization of post-merger powers, the rights of creditors, the problem of representation of the legal person in the absorbing society, the intrusion of a third morality are all questions raised by this problem. The solution of this problem requires a careful study of the issues raised in the light of OHADA law and French law
Buchteile zum Thema "Absorbed legal person"
1
Hellner, Jan. „Scandinavian Legal Realism in the Law of Contract“. In Essays For Patrick Atiyah, 53–70. Oxford University PressOxford, 1991. http://dx.doi.org/10.1093/oso/9780198254102.003.0003.
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Abstract Scandinavian legal realism seems to be a fairly well-known body of ideas in so far as it is often mentioned in general surveys of jurisprudence.1 However, it has never had any strong influence outside Scandinavia and there are few who adhere strictly to it nowadays. The founder of the school was the Swedish philosopher Axel Hagerstrom (1868-1939). His best-known Swedish followers were Vilhelm Lundstedt (1882-1955) and Karl Olivecrona (1897-1980). The Dane Alf Ross (1899-1980) is generally considered to belong to the school as well and he is perhaps the one who is most read at present. Ross began as a follower of Kelsen and retained in his later writings many of the ideas that he absorbed during this period. There is also an influence from logical positivism in his chief work, which has been translated into English under the title On Law and Justice (1958). This illustrates the fact that, in spite of their being considered to form one school and in spite of the influence of Hagerstrom on these legal scientists, they exhibit important differences among themselves.
2
Jahner, Jennifer. „Introduction“. In Literature and Law in the Era of Magna Carta, 1–21. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198847724.003.0007.
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This introduction maps the legal and literary terrain of the larger book, arguing that the two fields share more in common than is typically reflected in scholarship on the thirteenth century. Not only do the histories, saints’ lives, plaints, and polemics of the period reflect and absorb rapidly changing legal worlds, law texts themselves demonstrate the literary training of their creators. This foundational background in grammar and rhetoric, common to clerical administrators of the period, in turn shapes how writers and communities articulate their legal privileges and obligations. The book argues that scholars can most productively approach the relationship between literature and law through the lens of jurisdiction rather than the more common categories of discipline, language, or genre. The literary skills of clerics and lawyers prove most salient at moments when communities must claim or defend the boundaries of their legal authority. “Jurisdictional poetics” encompasses the kinds of writing that emerge from these moments of legal contestation.
3
Couso, Javier. „Transnational Legal Networks and the Reshaping of Legal Education in Latin America“. In The Globalization of Legal Education, 238–50. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197632314.003.0007.
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This chapter assesses a unique transnational legal network called “Seminario en Latinoamérica de Teoría Constitucional y Política” (Latin American Seminar on Constitutional and Political Theory), also known as SELA, which brings together legal scholars from Latin America’s most important law schools and one of the United States’ most prestigious centers of legal education, Yale Law School. Due to a number of features analyzed in the chapter, the author argues that SELA represents one of the most consequential networks contributing to global legal education in Latin America in the last twenty-five years. In fact, throughout this period, SELA has managed—in a persistent and gradual way—to contribute to reshaping Latin America’s legal academy, as well as to propagate the values of liberal legalism in the region. Furthermore, its capacity to adapt to changing global and regional circumstances and, in particular, its ability to absorb new paradigms and methodological perspectives, has ensured its survival for a quarter of a century. Finally, the chapter emphasizes the fact that transnational networks of legal academics from the North and the South such as SELA represent sites that do not just play the ostensible role of serving as meeting points where scholars discuss their research, but, in the case of young legal academics from the Global South, these networks allow them to share their plight with colleagues similarly situated, something which, in turn, provides them with strategies and support in their struggle for recognition and academic consolidation in their home countries.
4
Clark, David S. „The Formative Era: 1791–1865“. In American Comparative Law, 145—C4.N1. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780195369922.003.0004.
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Abstract Chapter 4 analyzes the period from 1791 to the end of the Civil War, what Roscoe Pound described as the formative era of American law. Lawyers with knowledge of Enlightenment legal philosophy and Roman and civil law shifted their attention primarily to the task of constructing a system of private law. Nevertheless, comparatists explored penal reform and adopted ideas from European criminology that made Pennsylvania and New York models that French and German jurists then studied. In addition, the expansion of the nation to absorb Louisiana as a territory and later a state provided an important instance of civil law influence, particularly on the matter of legal codification. These decades also saw the beginning of American comparative legal science, which legal education, a growing legal literature—James Kent and Joseph Story stood out—and law libraries amply illustrated. There were other legal comparatists who also made contributions to early comparative law, which is detailed. In particular, the codification and slavery questions had diverse important legal sources stemming from European and earlier Roman law.
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Mihajlović, Milan, Jelena Tadić und Bela Muhi. „Performance and Recovery of Tourism Business Entities in Serbia“. In International Thematic Monograph: Modern Management Tools and Economy of Tourism Sector in Present Era, 119–33. Association of Economists and Managers of the Balkans; Faculty of Tourism and Hospitality, Ohrid, North Macedonia, 2022. http://dx.doi.org/10.31410/tmt.2022-2023.119.
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The chapter aims to analyze the performance of the tourism sec- tor in the Republic of Serbia before the pandemic, during the pandemic, as well as in the post-covid period. The contraction of tourism activity caused by the COVID-19 pandemic was absorbed by the economic measures of the Government of the Republic of Serbia, which created opportunities for the rapid recovery of this sector of the economy. The tourism sector, which faced major challenges in the previous period, was analyzed from both macro and micro aspects. Based on the analyzed theoretical background and research objective, the main hypothesis of the research was set, which is whether positive post-covid effects on the performance of business entities in tourism are expected, in the form of higher income realization, the same level of expenditure, with the same number of employees. Hypothesis testing was carried out using the cross-tabulation method, because each projection of in- come, expenditure and number of employees is shown according to the activity, size and legal form of business entities in tourism.
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Reidy, Joseph P. „Our Home and Country“. In Illusions of Emancipation, 231–66. University of North Carolina Press, 2019. http://dx.doi.org/10.5149/northcarolina/9781469648361.003.0008.
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Emancipation obliged the nation to absorb into its public culture the persons freed from bondage. This imperative had ethical dimensions as well as economic, legal, and political ones. Black Americans presumed that they would participate actively in the process, but white Americans often viewed them as passive observers or objects of other people's actions. Elected officials and assorted commentators on public affairs posed the question: "what is to be done with the Negroes?" Following promulgation of the Emancipation Proclamation, the Secretary of War established the American Freedmen's Inquiry Commission to advise the government regarding appropriate national action. Among other things, the commissioners recommended the formation of a bureau of emancipation to help usher the freed people and their former owners into the post-slavery era, and Congress concurred, creating the Freedmen's Bureau in the closing weeks of the war. When ratified in December 1865, the Thirteenth Amendment outlawed slavery and empowered Congress to define what freedom entailed.
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Heusala, Anna-Liisa, Kaarina Aitamurto und Sherzod Eraliev. „Introduction: The Mutual Impact of Global Migration and Illiberalism in Russia, Eurasia, and Eastern Europe“. In Global Migration and Illiberalism in Russia, Eurasia, and Eastern Europe, 1–34. Helsinki University Press, 2024. https://doi.org/10.33134/hup-26-1.
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Illiberalism is a political view and agenda that impacts state–soci¬ety relations in Russia, Eurasia, and Eastern Europe, and migrant diaspora communities in other regions. This chapter underlines the need to understand how illiberal states manage migration to absorb resistance, and how migration may impact the illiberal political agenda and policymaking. These processes often happen over a long period and involve a complex set of legal and administrative decisions. The driving forces of illiberalism are shared by different political systems and often have transnational features, while being anchored on local and national circum¬stances and rationale. Exploring how illiberalism influences and is influenced by global migration trends in Russia, Eurasia, and Eastern Europe offers insights into the complex interplay between political regimes and transnational mobility, and helps to concep¬tualize illiberalism for the study of politics and government.
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Yang, Mayfair. „Chinese Popular Religion and Economy“. In The Oxford Handbook of Religion and Economic Ethics, 263–82. Oxford University Press, 2024. http://dx.doi.org/10.1093/oxfordhb/9780192894328.013.11.
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Abstract Chinese popular religion includes shamanism and divination, deities with their cults and pilgrimages, ancestor worship, healing and exorcism rituals, and fengshui or geomancy. While popular religion has been partially absorbed into the more institutionalized Daoism, Buddhism, and Confucianism, it remains tied up with local communities, and therefore exhibits regional differences. Popular religion took shape during the Song Dynasty period of commercialization and urbanization in China in the tenth to twelfth centuries ce. The history of burning ‘spirit money’ as offerings or debt payments to gods, ancestors, and ghosts predates paper money used as legal tender, which was invented in China. The notions of sin and debt were interchangeable, and moral evaluations were quantified in an interpenetrating logic that was both economic and religious. Thus, medieval China’s highly commercialized profit-oriented premodern economy was not disembedded from the other institutions of family, kinship, religion, and the state. The God of Wealth could make one rich as well as punish dishonesty and sin. When twentieth-century Chinese intellectuals, reformers, and revolutionaries adopted the modern Western opposition between religion and economic development and started suppressing religious practice and ethics as ‘backwards’, the ancient delicate ecology of religious ethics checking and balancing the market’s profit mechanism was destroyed. Today, we can still find pockets of a revitalized ‘ritual economy’ in rural areas and small towns of China, especially along the south-eastern coast. George Bataille’s concept of ‘religious or ritual expenditures’ provides a good way to conceptualize this generosity in ritual sacrifices, donations, and ‘wastefulness’ in life-cycle rituals and religious festivals and building projects. They all counter-balance the utilitarian, profit-maximization, and accumulationist tendencies of secular capitalism.
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„up to 15 kGy. The International Code of Practice (Appendix II) specifies more precisely that, because of the statistical distribution of the dose, a mass fraction of product of at least 97.5% should receive an absorbed dose of less than 15 kGy when the overall average dose is 10 kGy. In practice, the determination of the overall average dose is a difficult and time-consuming task, as it requires the positioning of a large number of dose meters throughout the lot to be irradiated. For gamma irradiation it is often sufficient to take the median dose (Dmax + Dmin)/2 as the average dose. This approach is increasingly inaccurate as the dose uniformity ratio increases. At a dose uniformity ratio of 3 the average dose is around 20% below the median dose (36). In electron beam irradiation the relationship between average dose and Dmax, Dmin is not straightforward, and ‘ ‘dose mapping’ ’ with a large number of dose meters in each lot is required. The concept of overall average dose, while cumbersome in irradiation practice, makes good sense in the context of toxicological considerations. Realizing that it was impossible to give all parts of a container or lot exactly the same dose, the Joint Expert Committee assumed that the ingestion of some food irradiated at a higher dose as a result of random fluctuations would be compensated for during another meal by the consumption of some food with a randomly lower dose. Thus the ingestion of radiolytic compounds would finally level out at some average value, corresponding to the overall average dose received by the food consumed over an extended period. Permissions granted by national governments for irradiation of certain food stuffs or groups of foods sometimes specify an overall average dose, sometimes an individual maximum dose, and sometimes a minimum and a maximum dose. Some irradiation permits prescribe a legal limit dose without making clear what this means (37). The difficulties arising from this regulatory confusion have been pointed out by Ehlermann (38).“ In Safety of Irradiated Foods, 57–60. CRC Press, 1995. http://dx.doi.org/10.1201/9781482273168-46.
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