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Journal articles on the topic 'Coercion principle'

Author: Grafiati

Published: 4 June 2021

Last updated: 13 February 2022

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1

Yesimov, Serhii, and Vitalina Borovikova. "PRINCIPLES OF APPLICATION OF MEASURES OF BUDGETARY AND LEGAL COERCION." Social Legal Studios 10, no. 4 (2020): 123–29. http://dx.doi.org/10.32518/2617-4162-2020-4-123-129.

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The article deals with the principles of application of budgetary coercive measures in the context of improving budgetary legislation in accordance with the requirements of the European Union. Budgetary and legal coercion, as a kind of state coercion, is a type of financial and legal coercion. It has all the features of the latter, developing in relation to specific budgetary relations; it acts not as an independent category of legal responsibility, but as a kind of financial and legal coercion. Budgetary and legal coercion is the external influence of the state, represented by authorized bodi

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2

O'BRIEN, A. J., and C. G. GOLDING. "Coercion in mental healthcare: the principle of least coercive care." Journal of Psychiatric and Mental Health Nursing 10, no. 2 (2003): 167–73. http://dx.doi.org/10.1046/j.1365-2850.2003.00571.x.

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3

Sidman, Murray. "Coercion in Educational Settings." Behaviour Change 16, no. 2 (1999): 79–88. http://dx.doi.org/10.1375/bech.16.2.79.

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AbstractCoercion is defined as the control of behaviour through (a) punishment or the threat of punishment, or (b) negative reinforcement — the removal of punishment. The question under discussion is whether coercion is an effective and a desirable basis for applied behaviour analysis, particularly in educational settings. Because coercive control has always been characteristic of society in general, the problem requires consideration of all facets of our culture. Behaviour analysts who use or recommend coercive techniques of therapy, behaviour modification, teaching, parenting, and so on, mus

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Pastore, Mario, and Herman Freudenberger. "Political Centralization and Labour Coercion: Latin America and Russia in Comparative Perspective." Itinerario 21, no. 1 (1997): 137–56. http://dx.doi.org/10.1017/s0165115300022750.

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Government requires coercion, if only to arrest free riding. Physical coercion alone may not suffice for this purpose, however, and ideological means may be needed as well. This basic principle underlies all government. In market economies the coercive capabilities of government may be expected to be financed out of taxes ultimately levied on factor owners' money incomes, that is, on wages, profits, and rent. On the other hand, in economies where markets have not developed due to high transactions costs individuals' contributions to the provision of public goods will take the form of payments

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5

Li, Wendan. "Aspectual coercion." International Journal of Chinese Linguistics 4, no. 1 (2017): 22–61. http://dx.doi.org/10.1075/ijchl.4.1.02li.

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Abstract Dynamic verbs followed by the perfective aspect morpheme -le (V-le) in Chinese typically designate bounded events but can also encode states. This article proposes that the eventive designations are at the basic level and the stative interpretations are at the derived level through aspectual coercion. The categorical shifts from the former to the latter may be brought about by a number of factors, which include sentences with nonagent subject/topic, general stative sentences, and certain adverbs. These factors introduce aspectual properties incompatible with V-le's basic-level eventiv

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Gaus, Gerald. "COERCION, OWNERSHIP, AND THE REDISTRIBUTIVE STATE: JUSTIFICATORY LIBERALISM'S CLASSICAL TILT." Social Philosophy and Policy 27, no. 1 (2010): 233–75. http://dx.doi.org/10.1017/s0265052509990100.

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AbstractJustificatory liberalism is liberal in an abstract and foundational sense: it respects each as free and equal, and so insists that coercive laws must be justified to all members of the public. In this essay I consider how this fundamental liberal principle relates to disputes within the liberal tradition on “the extent of the state.” It is widely thought today that this core liberal principle of respect requires that the state regulates the distribution of resources or well-being to conform to principles of fairness, that all citizens be assured of employment and health care, that no o

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Kamaluddin, Kamaluddin. "KAIDAH PRINSIP-PRINSIP DAKWAH (Tinjauan Fikih Dakwah)." Studi Multidisipliner: Jurnal Kajian Keislaman 4, no. 1 (2017): 22–42. http://dx.doi.org/10.24952/multidisipliner.v4i1.922.

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Implementation of dakwah has some rules that are principle-policy principle that should be applied leh preachers, including messages, methods, and environmental mad'u. It was very humane. Rule prinsiplel missionary include the creation of harmony between softness and firmness, enjoining good and forbidding evil according to the capabilities of the order not to cause greater damage. Similarly, in terms of culture, the need for multicultural missionary principle which can take things from the good old local wisdom and reject new things that are not in accordance with Islam. There is no coercion

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Pundik, Amit. "Coercion and Volition in Law and Philosophy." Canadian Journal of Law & Jurisprudence 31, no. 1 (2018): 107–23. http://dx.doi.org/10.1017/cjlj.2018.5.

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AbstractThis paper discusses cases in which defendants were coerced to do something they wanted to do anyway. Through these cases a stark divergence between the legal and philosophical discussion of alternative possibilities is highlighted. The paper seeks to vindicate the legal approach to coercion and volition by showing that the legal approach could be accounted for with an epistemic version of the Principle of Alternative Possibilities, a version which is also immune to Frankfurt-type examples.

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Santuraki, Suleiman Usman. "USE OF FORCE OR DIPLOMATIC INTERVENTION: ASSESSING THE BLOCKADE OF QATAR." IIUM Law Journal 28, no. 2 (2021): 503–30. http://dx.doi.org/10.31436/iiumlj.v28i2.485.

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The coordinated blockade of the State of Qatar by some of its neighbours in June 2017 has raised questions on the sovereignty of the state and the extent to which coercion is allowed in international law. This article considers the reasons behind the blockade and the subsequent demands by Qatar’s neighbours. It evaluates the blockade of Qatar based on the twin principles of international law: the prohibition on the use of force and non-interference in the internal affairs of other nations. The article argues that the language of article 2 (4), read together with the purposes of the United Nati

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Leahy, Susan. "‘No Means No’, But Where's the Force? Addressing the Challenges of Formally Recognising Non-violent Sexual Coercion as a Serious Criminal Offence." Journal of Criminal Law 78, no. 4 (2014): 309–25. http://dx.doi.org/10.1350/jcla.2014.78.4.930.

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Although it is no longer necessary to show that force was used in order to prove that sexual activity was non-consensual, it remains difficult to prove that rape has occurred where the complainant has been threatened with an adverse consequence other than physical injury. Although, in principle, any threat (e.g. that of job loss or revelation of a secret) is sufficient to vitiate consent to sexual activity, in practice it remains difficult to prove that a criminal wrong has occurred in such cases. This article argues that this gap between principle and practice is the result of the vague appro

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Sato, Hiromi. "The Defense of Superior Orders in International Law: Some Implications for the Codification of International Criminal Law." International Criminal Law Review 9, no. 1 (2009): 117–37. http://dx.doi.org/10.1163/157181209x398844.

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AbstractThe defense of obedience to superior orders has been one of the most controversial issues in international criminal law. Although the Nuremberg Trials put forth the “Nuremberg Principle” on the superior orders defense, the principle has remained unclear on the so-called moral choice test. Basically, the situation has not been changed throughout the subsequent international rule-making process. International society has apparently rejected automatic immunity by the superior orders defense; however, a consensus has not been achieved on the question of conditional immunity, particularly o

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Martinsen, Elin Håkonsen, Bente Weimand, and Reidun Norvoll. "Does coercion matter? Supporting young next-of-kin in mental health care." Nursing Ethics 27, no. 5 (2019): 1270–81. http://dx.doi.org/10.1177/0969733019871681.

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Background Coercion can cause harm to both the patient and the patient’s family. Few studies have examined how the coercive treatment of a close relative might affect young next-of-kin. Research questions We aimed to investigate the views and experiences of health professionals being responsible for supporting young next-of-kin to patients in mental health care (children-responsible staff) in relation to the needs of these young next-of-kin in coercive situations and to identify ethical challenges. Research design We conducted a qualitative study based on semistructured, focus group interviews

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Muldoon, Ryan. "UNDERSTANDING NORMS AND CHANGING THEM." Social Philosophy and Policy 35, no. 1 (2018): 128–48. http://dx.doi.org/10.1017/s0265052518000092.

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Abstract:It is crucial for policymakers to focus their attention on social norms if they want to improve policy outcomes, but doing so brings in new normative questions about the appropriate role of the state. Indeed, I argue that efforts to reduce coercion at the state level can create potentially pernicious and difficult to eliminate forms of coercion at the informal level. This creates a new normative challenge for thinking about the broader regulatory apparatus, and complicates our approach in utilizing social norms for democratic policy ends. I will distinguish between two forms of social

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14

Sfvchuk, Denys. "Legal regulation and grounds for theuse of coercive measures by law enforcement bodies of Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (2020): 98–105. http://dx.doi.org/10.31733/2078-3566-2020-2-98-105.

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The issue of regulatory and legal support for the use of coercion by authorized entities, as well as the grounds for the application of coercive measures by such bodies have been studied. According to the results of the study, it is concluded that the legal regulation of law enforcement agencies to apply coercive measures is carried out by a certain system of legislation, consisting of a large number of regulations that differ from each other in many ways and is a hierarchical system based primarily on the Constitution of Ukraine. At the same time, the legal grounds for the use of coercion by

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15

Babenko, Olha. "IMPLEMENTATION OF THE FORCED FORM OF INVESTIGATION OF A JUVENILE SUSPECT." Ukrainian polyceistics: theory, legislation, practice 2, no. 2 (2021): 58–66. http://dx.doi.org/10.32366/2709-9261-2021-2-2-58-66.

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The article is devoted to the study of such an investigative (investigative) action as an examination carried out in a coercive form against a minor suspect. The national and international legislation in the field of protection of the rights of children who have committed a crime and the peculiarities of criminal proceedings with such a vulnerable category are analyzed. It is noted that the current provisions of the Criminal Procedure Code of Ukraine do not contain a regulated procedure for compulsory examination of a juvenile suspect. Such non-determination of the legal norm presupposes the i

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16

Lister, Andrew. "The Coherence of Public Reason." Journal of Moral Philosophy 15, no. 1 (2018): 64–84. http://dx.doi.org/10.1163/17455243-00002431.

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Theories of public reason face a dilemma. If their standard of reasonableness is low, the view will be unacceptably anarchic and self-refuting, while if it is high, the exclusion of unreasonable views will manifest unequal treatment. This paper shows how to avoid this dilemma by distinguishing two models of public reason. The coercion model is vulnerable to the worry about anarchy but not self-defeat, while the reasons model is vulnerable to self-defeat but not anarchy. The coercion model can avoid anarchy without idealizing heavily via aggregation of individual policies into packages. The rea

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Didikin, A. B. "Moral Goals and Legal Coercion: Philosophical and Legal Arguments of Patrick Devlin." Omsk Scientific Bulletin. Series Society. History. Modernity 6, no. 3 (2021): 64–68. http://dx.doi.org/10.25206/2542-0488-2021-6-3-64-68.

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The paper analyzes the arguments of the British jurist P. Devlin on the possibility of ensuring the achievement of moral goals by legal means. The views of P. Devlin and his debate with H. L. A. Hart gave rise to deep discussions on the relationship between moral and legal prescriptions in legislation and the search for moral grounds for legal norms and practice of its application. The paper also reconstructs P. Devlin’s arguments on the specifics of the application of the principle of harm compensation in assessing actions that contradict public morality

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Perry, Brea L., Emma Frieh, and Eric R. Wright. "Therapeutic Social Control of People with Serious Mental Illness: An Empirical Verification and Extension of Theory." Society and Mental Health 8, no. 2 (2017): 108–22. http://dx.doi.org/10.1177/2156869317725891.

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Mental health services and psychiatric professional values have shifted in the past several decades toward a model of client autonomy and informed consent, at least in principle. However, it is unclear how much has changed in practice, particularly in cases where client behavior poses ethical challenges for clinicians. Drawing on the case of clients’ sexual behavior and contraception use, we examine whether sociological theories of “soft” coercion remain relevant (e.g., therapeutic social control; Horwitz 1982) in contemporary mental health treatment settings. Using structured interview data f

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Schloenhardt, Andreas, and Rebekkah Markey-Towler. "Non-Criminalisation of Victims of Trafficking in Persons — Principles, Promises, and Perspectives." Groningen Journal of International Law 4, no. 1 (2016): 10. http://dx.doi.org/10.21827/59db68fc35c13.

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Victim protection is one of the key objectives of international and domestic efforts against trafficking in persons. Existing legal instruments contain a range of mechanisms to protect the rights of victims of trafficking, providing them with material assistance, counselling, and shielding them from coercion, threats, and harm by their traffickers. An additional, more contentious protection mechanism is the principle of noncriminalisation which serves to protect victims from prosecution for offences which they may have committed during the course of their trafficking experience. The rationale

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Baltabaev, Joomart Ravshanovich. "SOCIO-CULTURAL PROBLEMS OF INTEGRATION PROCESSES: THE ROLE OF KYRGYZSTAN." Chronos: social sciences 6, no. 2(22) (2021): 10–14. http://dx.doi.org/10.52013/2712-9705-22-2-3.

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Certain features of Eurasianism integration participants become independent subjects to the basics of the voluntary solution of common interests, without any pressure and coercion. Let us single out the principle of the abolition of pressure and the use of force, which is actively implemented in the political practice of Kyrgyzstan since its independence. Kyrgyzstan is unique and strong in its multiethnic nature, which was the result of long historical processes. A unique multicultural space based on spiritual unity has been formed here.

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Li, Cho-ying. "Beneficiary Pays." T’oung Pao 98, no. 4-5 (2012): 385–438. http://dx.doi.org/10.1163/1568532220120001.

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This article focuses on the “beneficiary-pays principle” in hydraulic discourse and the process through which it was put into practice from the 1520s to the 1640s in the Lower Yangzi Delta. It investigates the roles of the hydraulic reformist elite and like-minded officials in the formation of the new hydraulic order. It also demonstrates that the implementation of the beneficiary-pays principle was instrumental in redefining the division of responsibility between the government and the people and in building a reciprocal connection between the pursuit of private gain and the fulfillment of th

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22

Aniskina, Nadezhda V. "Compliance with the Territorial Principle in Application of Administrative Coercion Measures by Employees of Law Enforcement Authorities." Administrative law and procedure 1 (January 29, 2020): 72–76. http://dx.doi.org/10.18572/2071-1166-2020-1-72-76.

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Ireland, Emily. "Rebutting the Presumption: Rethinking the Common Law Principle of Marital Coercion in Eighteenth- and Nineteenth-Century England." Journal of Legal History 40, no. 1 (2019): 21–43. http://dx.doi.org/10.1080/01440365.2019.1576354.

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Simatupang, Taufik Hidayat. "Adult Age in Marriage in Indonesia (Theoretical Study of the Application of the Lex Posterior Derogat Legi Priori Principle)." Jurnal Penelitian Hukum De Jure 21, no. 2 (2021): 213. http://dx.doi.org/10.30641/dejure.2021.v21.213-222.

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The problems to be answered in this research are, first, how is the regulation of Islamic family law and marriage in Indonesia, second, how is underage marriage and legal protection for children, third is how to apply the lex posterior derogat legi priori principle in determining the adult age for marriage. The research method used is normative juridical research with a statute approach which was analyzed using statutory principles. The results of the research concluded that Islamic family law cannot be separated from the history of the legal system in Indonesia from the time of Dutch colonial

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Simpson, Evan. "RESPONSIBILITIES FOR HATEFUL SPEECH." Legal Theory 12, no. 2 (2006): 157–77. http://dx.doi.org/10.1017/s1352325206060277.

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This essay consolidates some fragments of the contemporary theory of expressive freedoms, bringing together scattered conceptual distinctions (e.g., hurting and harming, tolerating and legitimating) and moves (e.g., the need to rectify hateful speech and to constrain harmful actions legally) into an account that is sensitive to the needs of abused groups but faithful to the libertarian tradition associated with Mill's harm principle. Accepting this principle as the fundamental condition warranting legal control of action, we explore legislative responsibilities for protecting expressive freedo

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Rosyidin, Mohamad. "Reconciling State’s Sovereignty with Global Norms: Indonesia’s Quiet Diplomacy in Myanmar and the Feasibility of the Implementation of Responsibility to Protect (R2P) in Southeast Asia." Global Responsibility to Protect 12, no. 1 (2020): 11–36. http://dx.doi.org/10.1163/1875984x-01201003.

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In spite of optimistic views on the feasibility of the R2P operationalisation in Southeast Asia, reconciling global norms with regional principles is not an easy task given the cult of sovereignty that inhibits socialisation and implementation of R2P. Using the case study of Indonesia’s foreign policy implementation in Myanmar, this article demonstrates that asean’s (Association of Southeast Asian Nations) non-interference principle does not necessarily negate R2P norms. Indonesia’s approach in Myanmar reflects Pillar 2 of R2P which underlines the importance of equal sovereignty and the greate

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Manery, Barnabas Dumas. "Makna Dan Fungsi Itikad Baik Dalam Kontrak Kerja Konstruksi." SASI 23, no. 2 (2018): 136. http://dx.doi.org/10.47268/sasi.v23i2.101.

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Neither law nor doctrine can provide a clear understanding of good faith in contract law. In general, the study of good faith tends to mix up the notion of good faith as the rule of law in good faith as the principle of contract law. Based on this understanding, Article 1338 Paragraph (3) BW is considered as the legal principle of the contract so it concludes that the obligation of good faith exists only at the stage of contract implementation. Such opinion has obscured the meaning and function of good faith as the principle of contract law, which became the legal issue in this study. The appr

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Cindawati, Cindawati. "PERKEMBANGAN PERJANJIAN DALAM PRAKTIK PERDAGANGAN (PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF)." JURISDICTIE 7, no. 2 (2017): 219. http://dx.doi.org/10.18860/j.v7i2.3717.

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Agreement in human life to protect the rights and obligations are balanced. Differences in Islamic Law Perspective: Halal, agreed, able, without coercion, consent and Qobul. While the perspective of Positive Law: agree, capable, certain things, certain circumstances in accordance with Article 1320 of the Civil Code. The equation embracing principle of freedom of contract (al-Hurriyah) Islamic law is based on freedom of contract and volunteerism of each of the parties to a transaction (Q.S.An-Nisa ', 29). Give freedom to every person doing contract as desired, specify its legal consequences are

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Harliyanto, Rois, and Jawade Hafidz. "Application Of The Principles Of Insurance Law In Fire Insurance Agreements On Credit Guarantees Attached Object Security Rights." Jurnal Akta 6, no. 3 (2019): 497. http://dx.doi.org/10.30659/akta.v6i3.5034.

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The purpose of this study were 1) to know application of the principles of insurance law in fire insurance agreements on credit guarantees attached object security rights, 2) To know the weaknesses in the application of the principles of insurance law in fire insurance agreements on credit guarantees attached object security rights.Approximation methodused is a normative juridical research that refers to the theories, doctrines, norms, principles, rules relating to matters pertaining to insurance law. The nature of this research was analytic descriptive depict or describe the facts with the im

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Mamedov, Yusif. "Islamic criminal procedure law: human rights issues." Grani 23, no. 10 (2020): 47–57. http://dx.doi.org/10.15421/172092.

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It has been established that harsh Islamic punishments are practically not applied due to the high burden of proof and the need to involve an exhaustive number of witnesses. It has been proven that the Islamic criminal justice system provides the accused with basic guarantees. It is noted that according to Sharia, Islamic crimes are divided into three categories: Hadd, Qisas and Tazir. It is noted that Islamic criminal law provides that the accused is not guilty if his guilt is not proven. It is noted that equality before the law is one of the main legal principles of the Islamic criminal mode

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B. Salinding, Marthen. "Prinsip Hukum Pertambangan Mineral dan Batubara yang Berpihak kepada Masyarakat Hukum Adat." Jurnal Konstitusi 16, no. 1 (2019): 148. http://dx.doi.org/10.31078/jk1618.

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Prinsip hukum pengelolaan pertambangan dalam Undang-Undang No. 4 Tahun 2009 tentang Pertambangan mineral dan batubara didasarkan pada prinsip manfaat, keadilan, dan keseimbangan; keberpihakan kepada kepentingan bangsa; partisipatif, transparansi, dan akuntabilitas; berkelanjutan dan berwawasan lingkungan. Namun permasalahannya ketika pertambangan mineral dan batubara berada pada tanah ulayat masyarakat hukum adat prinsip hukum sebagaimana dimaksud belum menunjukkan keberpihakan kepada masyarakat hukum adat. Metode pendekatan yang digunakan dalam penelitian ini adalah yuridis normatif. Kesimpul

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Elahe, Kamalipour Ravari, and Taram Meysam. "Comparative Study of Duress in Certain Religious Penalties in Imami Jurisprudence and Islamic Penal Code." Journal of Politics and Law 9, no. 5 (2016): 88. http://dx.doi.org/10.5539/jpl.v9n5p88.

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According to freedom of will, people are responsible for what they do and due to this principle, they would be punished. However, whenever human's will is distorted for some reason, punishment would be null and void. One of these reasons that can distort individual will is the principle of duress that is discussed in Imami Jurisprudence and Islamic Penal Code several times. Hence, almost in all crimes that their penalties are codified in Islamic Penal Code, duress can cause disclaimer of the coercer; unless about duress in murder. Although there are many disputes among jurists on retaliation o

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Wertheimer, Alan. "Consent and Sexual Relations." Legal Theory 2, no. 2 (1996): 89–112. http://dx.doi.org/10.1017/s1352325200000410.

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This article has two broad purposes. First, as a political philosopher who has been interested in the concepts of coercion and exploitation, I want to consider just what the analysis of the concept of consent can bring to the question, what sexually motivated behavior should be prohibited through the criminal law? Put simply, I shall argue that conceptual analysis will be of little help. Second, and with somewhat fewer professional credentials, I shall offer some thoughts about the substantive question itself. Among other things, I will argue that it is a mistake to think that sexual crimes ar

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Kmieciak, Błażej. "Amendments to the treatment regulations at a psychiatric hospital as the element shaping culture in terms of human rights." Polish Journal of Public Health 127, no. 3 (2017): 140–42. http://dx.doi.org/10.1515/pjph-2017-0030.

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Abstract A psychiatric hospital is a special place. People undergoing treatment are in a unique situation. Mental illness remains a mystery for scientists because we do not know what factors influence its appearance. There were also no drugs that would completely cure the patient, as you never know whether the medicine will affect a particular person. Mental illnesses evoke anxiety and fear of the community. Some patients take disturbing or dangerous actions. Their behaviors are referred to as specific and different ones. A similar situation is caused by the appearance of psychotic symptoms. O

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Mahmood, Saba. "Religious Freedom, the Minority Question, and Geopolitics in the Middle East." Comparative Studies in Society and History 54, no. 2 (2012): 418–46. http://dx.doi.org/10.1017/s0010417512000096.

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The right to religious freedom is widely regarded as a crowning achievement of secular-liberal democracies, one that guarantees the peaceful coexistence of religiously diverse populations. Enshrined in national constitutions and international laws and treaties, the right to religious liberty promises to ensure two stable goods: (1) the ability to choose one's religion freely without coercion by the state, church, or other institutions; and (2) the creation of a polity in which one's economic, civil, legal, or political status is unaffected by one's religious beliefs. While all members of a pol

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Wihl, Gary. "Civil Disobedience in Democratic Regimes." Israel Law Review 51, no. 2 (2018): 301–20. http://dx.doi.org/10.1017/s0021223718000043.

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This article provides a fresh interpretation of John Rawls's discussion of civil disobedience in A Theory of Justice (Harvard University Press 1971). It focuses on an original feature in Rawls's analysis: civil disobedience as a form of speech deployed by a well-defined minority in an effort to correct an injustice perpetrated by a majority. For Rawls, civil disobedience as a speech function departs from the principle of protected free speech. Only certain expressions of civil disobedience are capable of producing genuine legal reform. Rawls gains new importance as part of a larger effort to u

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Grigorchuk, M. V. "Theoretical and legal significance of the principles of national judiciary as a basis for protecting the rights of business entities." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 16–20. http://dx.doi.org/10.24144/2307-3322.2021.64.2.

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Given the recognized insufficient quality of law-making that takes place in Ukraine, the task is to develop as soon as possible effective methods of legislative technique, which, being reduced to a unified state standard, taking into account modern world and European experience, would actually serve as a kind of template. would clearly distinguish between regulated legal relations, and determine the conceptual apparatus that would meet the objectives of such regulation. The author's theoretical and legal study of certain fundamental categories, such as "principle", "principle", "basics", etc.

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Valkadinova, Vanya. "The principle of proportionality in the application of sanctions and other measures of state coercion according to Bulgarian legislation and European Union law." Zbornik radova Pravnog fakulteta Nis 57, no. 79 (2018): 181–96. http://dx.doi.org/10.5937/zrpfni1879181v.

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Ustymenko, A. V. "RESTRICTION OF THE PRINCIPLE OF CONTRACTUAL FREEDOM IN THE BRANCH OF BANKING SERVICES." Economics and Law, no. 3 (October 22, 2020): 91–100. http://dx.doi.org/10.15407/econlaw.2020.03.091.

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Today, the consumer of banking services is actually a weak party, being in a wide range of financial (banking) relations. Due to the different status of the parties, one being able to dictate their conditions in the legal relationship and the other having no real influence on the counterparty. One of the legal guarantees is the extension of the scope of contractual freedom also to bank deposit relations, account opening and servicing, credit relations, etc. Accordingly, the limitation inherent in the very nature of contractual freedom is an integral part of it. In this connection, the role of

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Demenchonok, Edward. "Philosophy in Search of an Ethics of Universal Dialogue." Dialogue and Universalism 8, no. 11 (1998): 85–101. http://dx.doi.org/10.5840/du1998811/129.

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Throughout human history, both lying and the coercion of someone's belief and will have been rejected through prohibitions that are a precondition for mutual understanding between people as well as for any agreement. Immanuel Kant contributed to the ethical formulation of these prohibitions, proving these universal claims through his method of transcendental formalism. Kant's theory of the categorical imperative is fruitfully developed by the ethics of discourse as the theory of the ultimate moral ground of earnest argumentation and consensus. I examine the post-metaphysical transformation of

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De Vito, Christian G., Juliane Schiel, and Matthias van Rossum. "From Bondage to Precariousness? New Perspectives on Labor and Social History." Journal of Social History 54, no. 2 (2019): 644–62. http://dx.doi.org/10.1093/jsh/shz057.

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Abstract This article pursues two goals. First, it reviews recent literature calling for a revised and extended history of work. Based on that review, it then explores the possibility of a new, empirically based analytical and methodological framework for the study of labor relations and the reinterpretation of contemporary issues, including precariousness, “modern slavery,” social inequality, and dependence. We contend that viewing labor relations as standardly diverse, coexisting, entangled, and overlapping across history provides an alternative organizing principle for the research field an

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Hardjodirjo, Sutarno, and Dewi Setyowati. "Study on Victimology of Abortion on Pregnant Women Who Do Not Get the Husband’s Approval." Hang Tuah Law Journal 3, no. 2 (2019): 145. http://dx.doi.org/10.30649/htlj.v3i2.150.

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<p>Observing Article 71 and 72 of Law Number 36 Year 2009 on Health, it can be concluded that every pregnant woman who has fulfilled the legal requirements for the benefit of the pregnant woman to have an abortion can not be intervened by a legitimate partner. Indonesian Government Regulation Number 61 Year 2014 on Reproductive Health, which is an implementing regulation Health Act above, Article 26 Paragraph 1 explained that every woman has the right to undergo a healthy sexual life safely, without coercion and discrimination, without fear, shame, and guilt. One explanation healthy sexu

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Usachev, A. A. "Legal Certainty as the Basis of Criminal Proceedings: From Theory to Legislation Improvement." Actual Problems of Russian Law 16, no. 8 (2021): 129–40. http://dx.doi.org/10.17803/1994-1471.2021.129.8.129-140.

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The paper is devoted to an important problem of legal certainty in the Russian criminal procedural law and the criminal procedural activity regulated by it in modern conditions. These are characterized, among other things, by the development of digital technologies, in the context of improving the legal (procedural) and organizational aspects of pre-trial and judicial proceedings. The author conducts an analysis of the decisions of the European Court of Human Rights, which considers the principle of legal certainty as inherent in the Convention for the Protection of Human Rights and Fundamenta

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Pujiyanto, Risang, Sonny Taufan, and Netti Iriyanti. "Limits on The Implementation of Contrario Actus Principle in The Procurement of Civil Servants." UNIFIKASI : Jurnal Ilmu Hukum 5, no. 2 (2018): 76. http://dx.doi.org/10.25134/unifikasi.v5i2.1237.

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Procurement of Civil Servants (PNS) which is not in accordance with the legislations and the general principles of good governance have the potential to become State Administration disputes. One of the examples is a civil servant procurement dispute in Dompu District in 2014 where the Judges decided to reject the plaintiffs claim by considering the�Contrario Actus�Principle. This research was a normative research by using a statute�and case approach. The legal materials used in this research were primary and secondary legal materials. Moreover, the data analysis method used was descriptive qua

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Turner, Karen. "The Theory of Law in the Ching-fa." Early China 14 (1989): 55–76. http://dx.doi.org/10.1017/s0362502800002595.

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The Ching-fa, one of the four “lost” books attached to the Ma-wang-tui Lao tzu, addresses issues of universal concern for legal theory. This paper examines how the Ching-fa's nine short theaties present fa linked with tao as a Law or model for guiding and judging the legitimacy of the ruler's use of coercion. I attempt to demonstrate that the conception of a universal and timeless Law offered a more universally applicable standard for governing than did the old laws based on the practices of the ancient sage kings. The text's notion of law linked with a timeless, natural principle, tao, is com

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Faillo, Marco, Laura Marcon, and Pedro Francés-Gómez. "Distributive Justice in the Lab: Testing the Binding Role of Agreement." Analyse & Kritik 42, no. 1 (2020): 107–36. http://dx.doi.org/10.1515/auk-2020-0005.

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AbstractLorenzo Sacconi and his coauthors have put forward the hypothesis that impartial agreements on distributive rules may generate a conditional preference for conformity. The observable effect of this preference would be compliance with fair distributive rules chosen behind a veil of ignorance, even in the absence of external coercion. This paper uses a Dictator Game with production and taking option to compare two ways in which the device of the veil of ignorance may be thought to generate a motivation for, and compliance with a fair distributive rule: individually-as a thought experimen

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Haenen, Iris. "Down the Aisle of Criminalization: The Practice of Forced Marriage." European Journal of Crime, Criminal Law and Criminal Justice 23, no. 2 (2015): 101–20. http://dx.doi.org/10.1163/15718174-23022063.

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Awareness of the practice of forced marriage — which refers to a marriage that at least one of the spouses entered into against their will, as a result of some form of coercion exercised by another person — is growing in Europe. Forced marriage is a daily reality in all European countries and has severe consequences for victims. Taking the 2011 Council of Europe Convention on preventing and combating violence against women and domestic violence as a starting point, this article aims to answer the question of whether the phenomenon of forced marriage ought to be separately criminalized in The N

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Hou, Guojin, and Yuhua Ye. "How to riddle by Chinese names." International Review of Pragmatics 13, no. 2 (2021): 173–92. http://dx.doi.org/10.1163/18773109-01302003.

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Abstract This paper studies how Chinese riddles, esp. how to riddle by a name. Based on lexico-constructional pragmatics, a Chinese riddle is a construction, with the configuration of FACE (P), EYE and BOTTOM (Q). P and Q are to hold a tension between identity and heterogeneity, and the entire riddle is to meet the (six) felicity conditions of riddles. Old means of Chinese riddles are discussed, to seek new riddling manners like use of foreign loans, material props, and face-bottom reversions. It is hypothesised that a rhetor with humour-consciousness, in informal or weak communication, can in

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Nu'man, Mohamad Hilal. "Penerapan Prinsip Syariah Pada Akad Musyarakah Mutanaqishah Di Bank Syariah Dalam Bentuk Akta Notaris Yang Mengandung Klausula Eksonerasi." Bayani 1, no. 2 (2021): 106–28. http://dx.doi.org/10.52496/bayaniv.1i.2pp106-128.

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The clauses contained in the sharia financing contract deed are clauses that have become the standard form in making the sharia financing contract deed. In making contracts in Islamic banking, in general, a standard format applies where a draft has been prepared by the bank. Almost all contracts, including muasyarakah mutanaqishah financing contracts, then the format or draft becomes the basis for making a musyarakah mutanaqishah financing contract deed made by a notary, for this reason it is necessary to study and analyze the standard clauses in the muasyarakah mutanaqishah financing contract

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Mukran Usman, Askar Patahuddin та Andi Muhammad Ihsan Yusuf. "قاعدة الضـرورات تبـيح الـمحـظـورات وتـطـبيقها في جـواز كـشف وجه الـمتـنـقـبة". البصيرة: مجلة الدراسات الإسلامية 1, № 1 (2020): 97–134. http://dx.doi.org/10.36701/bashirah.v1i1.233.

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Research presented in front of dear readers talks about the law of using and disclosing the niqab in necessity in implementing the rules of al-dharuratu tubiihul mahzhuraat. Among the objectives are identifying the laws of wearing the niqab, the dhabith of necessity, and the application of the principle of al-dharuratu tubiihul mahzhuraat. Researchers limit the application of the principle to four situations, namely: First, in the making of ID cards, passports, or other things that required photographs. Second, in the medical field and when a disaster strikes. Third, the husband and his family

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