Academic literature on the topic 'Juristic act theory'
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Journal articles on the topic "Juristic act theory"
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Farahat, Omar. "REASON-GIVING AND THE DUTY TO OBEY: PERSPECTIVES FROM CLASSICAL ISLAMIC JURISPRUDENCE." Journal of Law and Religion 36, no. 1 (2021): 5–28. http://dx.doi.org/10.1017/jlr.2020.52.
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AbstractThe duty to obey juristic injunctions in Islamic law is often assumed to follow a simple model: God commands, the jurists discover the meaning of those commands, and the faithful follow the jurists’ interpretation. By examining the arguments advanced by some prominent classical Islamic jurisprudes in support of the claims for law's normativity, I show that the jurists saw themselves as representatives of their communities in the quest to formulate opinions about actions in a way that is faithful to revelation. This model can be summarized as follows: (1) the jurists, by virtue of their knowledge, inform individuals of how to act according to revelation; (2) the pronouncement of a jurist who is knowledgeable and fair may be followed without revisiting their justifications; (3) everyone has a duty to act according to revelation and to rebuke those who do not. A reasonable individual should be motivated to follow juristic pronouncements when all these conditions are present. My main claim is that the basic model wherein God is an authoritative commander and the jurists are informants is unsatisfactory. The jurists saw themselves as more than mere discoverers and informers. This Islamic model has unique features when it comes to understanding authority in general. The uniform commitment to a formal moral source, coupled with the contingent nature of the robust reasons given by the system, make the Islamic model distinct from some modern accounts. The Islamic model offers a view of legal authority that is specific to a cohesive community that shares a basic moral commitment. This model fits the classical need for a theory of authority that is both persuasive and authoritative.
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Bocs, Lauris. "The proportionality of monetary policy as a macro-juristic theory." SHS Web of Conferences 85 (2020): 01008. http://dx.doi.org/10.1051/shsconf/20208501008.
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The year 2018 marked the passing of 10 years for attempts of systemic financial instability prevention and according legal regulation reforms in the European Union. The role of monetary policy has increased up to the point that the European Central Bank has established so-called unconventional monetary policies, including unprecedented asset purchase programmes within the public and private debt sector of the EU. Therefore, the aim of the research is to determine the regulations and associated problems for the enforcement of EU law within the EU's financial sector for unified unconventional monetary policies and to give an assessment of possible solutions, especially in relation to the protection of property value. Using descriptive, logical and deductive methodology the paper concludes that monetary policy is a legislative act without the usual constitutional ex ante evaluation, especially for proportionality. Hence, a macro-juristic theory is described to limit the possible risks.
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Hager, Liesl. "The Insolvency Act’s deviation from the common law: Juristic ghost or aggregate approach?" South African Law Journal 138, no. 1 (2021): 152–70. http://dx.doi.org/10.47348/salj/v138/i1a7.
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In this article I engage with the provisions of the Insolvency Act 24 of 1936 regulating the dissolution of the universal partnership upon insolvency. Our common law prefers an aggregate approach to partnerships, meaning that a partnership enjoys no separate legal personality distinct from its composing partners. The lack of separate legal personality of a partnership is described by some academics as a ‘remarkable defect’. The Insolvency Act however creates an exception to this general rule by deeming a partnership to be a separate legal entity. The Insolvency Act’s deviation from the common-law rule and creation of a ‘juristic ghost’ is explored in this article. The ‘dual priorities’ rule, the aggregate theory and the entity theory are explained in this article. Furthermore, the judicial debates about the Act’s deviation are discussed. In conclusion, it is suggested that the presumption that legislation does not intend to change existing law should not apply when dealing with the Insolvency Act, as the legislature has expressly deviated from the common-law aggregate approach.
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Miles, Joanna. "Standing under the Human Rights Act 1998: Theories of Rights Enforcement & the Nature of Public Law Adjudication." Cambridge Law Journal 59, no. 1 (2000): 133–67. http://dx.doi.org/10.1017/s0008197300000052.
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The Human Rights Act enables applicants in judicial review and other legal proceedings to complain that a public authority has violated a Convention right, but only if they are “victims” of that violation. The victim standing test was adopted from the Strasbourg institutions without any consideration being given in Parliament to the appropriateness of such a test in the domestic context. It is argued that the suitability of a particular standing rule for a given jurisdiction cannot properly be evaluated until a theory explaining the juristic function of standing rules has been identified and articulated. Two theoretical aspects of standing rules in public law cases are suggested here, in order to provide a framework in which to assess the appropriateness of the victim test for judicial review cases raising Human Rights Act arguments.
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Ba-Yunus, Ilyas. "Sociological Realism." American Journal of Islam and Society 8, no. 1 (1991): 45–66. http://dx.doi.org/10.35632/ajis.v8i1.2643.
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Ever since its revelation more than fourteen hundred years ago, the Qur’anhas been the object of recitation and memorization, as well as scholarly analysisby millions in every generation. During this long span of time, not onlyreligious scholars and jurists, but also other professionals like physicists,medical doctors, historians, and orientalists have tried to scrutinize and analyzethe Qur’an. It is about time that sociologists paid attention to this primarysource of Islam.Sociological interest in the Qur’an, as belated as it is, is in fact natural,for, after a brief foray in the direction of what one may call Origin IheoZogy,the basic thrust of the Qur’an remains ideological- humanity and its societyin this world. Not that this is such a revealing idea. Whether one looks atit from a juristic point of view or from a historical perspective, it hardlyescapes notice that the Qur’anic verses speak out loudly about the natureof plural living as fabricated by the crisscrossing episodes generated by veryactive, assertive, and expressive individuals over the course of history. Mostof what has been going on in Islamic studies, under the rubric of law andhistory in particular, provides us with sufficient encouragement to cast a freshlook at the same source of knowledge.Questions Sociological Theory Should AnswerAs we have already seen, sociologists have at different times asked differentand disparate, although quite relevant, questions. They have also beeninsufficient questions. For example, symbolic interactionists remained interestedprimarily in the indeterminstic nature of the human act. This microscopicpreoccupation prevented them from asking questions about social processesof a larger magnitude. Even Blumer’s emphasis on collective behavior, whichshowed an early promise for the analysis of revolutionary social change, hashad only scant appeal for his fellow symbolic interactionists.On the other hand, structural-functionalists as well as conflict theoristsremained interested in the deterministic nature of the macro social order ...
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Ujazdowski, Kazimierz Michał. "Raymond Carré de Malberg – mało znany inspirator V Republiki Francuskiej." Studia Iuridica Lublinensia 29, no. 5 (2020): 329. http://dx.doi.org/10.17951/sil.2020.29.5.329-342.
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<p>The Fifth French Republic owes its originality and permanence to Charles de Gaulle’s constitutional convictions and his determination to reform. However, in the case of France, which intellectual culture presupposes that institutions are shaped by a logical sequence of ideas, also the scientific justification of the political change must have been of great importance. The author of the theoretical rationalization of the Fifth Republic and its institutional revolution within the republican tradition was the forgotten lawyer Raymond Carré de Malberg. Pioneering nature of his writings may not raise any doubts. Carré de Malberg challenged a theory of parliament’s sovereignty from the republican perspective, which had an impact on thinking of the juristic elites participating in drafting the Fifth Republic Constitution. Carré de Malberg opened the door of republican tradition wide to the general presidential elections and referendum. He delineated the solution he recommended as the one that was in full accord with the notions and principles of the French Revolution. He applied the legal language to underscore the fact that the republic democratization would allow for the subjectivization of the executive power, restoration of the constituting power of the nation, primacy of the constitution and, consequently, the review of the constitutionality of bills. Carré de Malberg made a breakthrough in the French theory of constitutional law and thus opened up an opportunity for staging a republican institutional revolution that was an act of the founders of the Fifth Republic.</p>
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Safi, Louay M. "Islamic Law and Society." American Journal of Islam and Society 7, no. 2 (1990): 177–91. http://dx.doi.org/10.35632/ajis.v7i2.2789.
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Shari'ah (Islamic law) has been the dominant moral and legal code ofMuslim societies for the gnxter part of their history. During the early centuriesof Islam, Shari'ah hcilitated the social growth and develojment of the Muslims,growth that culminaa in the establishment of a vast emph and an outstandmgcivilization. By the close of the fifth century of Islam, however, Shari'ahbegan to lose its role as the guiding force that inspired Muslim creativityand ingenuity and that nurtured the growing spirit of the Muslim community(Ummah). Consequently, the Ummah entered a period of stagnation thatgradually gave way to intellectual decline and social decadence. Regrettably,this painful trend continues to be more or less 'part of the individualconsciousness and collective experience of Muslims.This paper attempts to trace the development of the principles of Islamicjurisprudence, and to assess the impact of Shari'ah on society. It argues thatthe law ceased to grow by the sixth century of Islam as a result of thedevelopment of classical legal theory; more specifically, law was put on hold,as it were, after the doctrine of the infallibility of ijma' (juristic consensus)was articulated. The rigid principles of classical theory, it is contended, havebeen primarily induced by the hulty epistemology employed.by sixth-centuryjurists.Shari'ah, or Islamic law, is a comprehensive system encompassing thewhole field of human experience. It is not simply a legal system, but rathera composite system of law and morality. That is, Islamic law aspires to regulateall aspects of human activities, not only those that may entail legalconsequences. Hence, all actions and relationships are evaluated in accordancewith a scale of five moral standards.According to Shari'ah, an act may be classified as obligatory (wajib),recommended (mandub), permissible (mubah), reprehensible (makruh), orprohibited (haram). These five categories reflect the varying levels of moral ...
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Block, Walter, N. Stephan Kinsella, and Hans-Hermann Hoppe. "The Second Paradox of Blackmail." Business Ethics Quarterly 10, no. 3 (2000): 593–622. http://dx.doi.org/10.2307/3857894.
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Abstract:One so-called paradox of blackmail concerns the fact that “two legal whites together make a black.” That is, it is licit to threaten to reveal a person’s secret, and it is separately lawful to ask him for money; but when both are undertaken at once, together, this act is called blackmail and is prohibited. A second so-called paradox is that if the blackmailer initiates the act, this is seen by jurists as blackmail and illicit, while if the blackmailee (the person blackmailed) originates the contract, this is commonly interpreted as bribery and is not illicit.But these are paradoxes only for legal theorists innocent of libertarian theory. The authors use that perspective to reject the claim that blackmail should be unlawful. If this act were legalized, then both paradoxes would disappear, precisely their contention.
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Dębski, Ryszard. "Jeszcze o propozycji zakotwiczenia w kodeksie karnym kryteriów obiektywnego przypisania skutku." Nowa Kodyfikacja Prawa Karnego 43 (May 16, 2017): 63–81. http://dx.doi.org/10.19195/2084-5065.43.6.
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More on the proposal to include in the Criminal Code criteria of objective attribution of effectPolish jurists writing about criminal law as well as the case-law of the Supreme Court clearly display a growing acceptance of objective effect attribution. In German scholarship this theory has an extensive literature and fairly long history going back to the 1930s R. v. Honig. It owes its subsequent development to C. Roxin as well as numerous authors of German-language studies. In the Polish literature interest in the premises of the so-called Zurechnungslehre began much later, but it now has a substantial group of supporters. Some of them, however, including Prof T. Kaczmarek, oppose the proposal by the Criminal Law Codification Commission to introduce into the Criminal Code regulations indicating the need to apply the criteria of objective attribution of effect when determining whether a prohibited act is an act with criminal consequences. These authors point out that the catalogue of normative grounds for effect attribution is still debatable and the explanation of the criteria of objective effect attribution should better be left to jurists and case-law. Indeed, the German literature is far from any uniformity in the catalogue of criteria of objective effect attribution, with some authors rejecting objective attribution and looking for other concepts. This does not mean that these authors question the need to apply normative criteria when determining the causation of effect described in criminal law. However, the situation is different when it comes to Polish jurists and case-law. Opponents of objective effect attribution often highlight the advantages of applying the “simple” and “reliable” theory of equivalence of conditions and assume that the scope of necessary conditions may then be limited by the principle of guilt. Such a stance does not only denote a rejection of the assumption of objective eff ect attribution. It also fails to include conclusions stemming from other important concepts from the history of criminal law e.g. From studies conducted by K. Engisch or H. Welzl. At the same time it denotes a challenge to the findings from the now commonly accepted theory of norms and leads to a situation in which a court verdict sends a wrong message about the legal opinion on the wrongfulness of the analysed act. It would, therefore, seem useful to include in the Criminal Code a regulation which, without specifying in detail the various criteria of objective effect attribution, would point to the need to carry out a normative selection of causal links. Such a role could be played by a concise norm drawing on the so-called basic formula of objective attribution, a norm well-known to jurists.
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Ross, Hamish. "Children’s Rights and Theories of Rights." International Journal of Children’s Rights 21, no. 4 (2013): 679–704. http://dx.doi.org/10.1163/15718182-02104001.
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This essay revisits themes touched upon in an influential debate on the nature of rights between two of the leading jurists of the past century – H. L. A. Hart and Neil MacCormick. Consideration is given to how MacCormick uses children’s rights as a basis for a critique of Hart’s version of the will theory of rights towards support of MacCormick’s version of the rival interest theory of rights. While MacCormick argues, in some respects persuasively, that children’s rights and ‘rights’ apparently grounded in the criminal law present significant challenges to Hart’s version of the will theory of rights, these challenges – including the notion that Hartian will theory, in a sense, ‘disenfranchises’ children – are shown to have less force in the light of careful reassessment. It is also maintained that MacCormick’s version of the interest theory is itself significantly challenged by difficulties, including possible conflicts of interest, inherent in practical mechanisms – such as those enabling adult representatives to act on behalf of children – which the law provides to ensure that children’s rights may be properly exercised.
Dissertations / Theses on the topic "Juristic act theory"
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Mizrahi, Gustavo José. "A vontade hipotética na integração do negócio jurídico." Master's thesis, 2018. http://hdl.handle.net/10316/85768.
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Dissertação de Mestrado em Direito apresentada à Faculdade de Direito<br>This dissertation addresses descriptively and critically the theme of hypothetical volition (“vontade hipotética”) in the integration of a juristic act, as a mechanism with which to safeguard the autonomy of the contracting parties. It can be used as a complement to contractual terms, provided that the limits established by heteronomy are observed, in the light of the factual elements involved in the negotiation and conclusion of the contract.The study begins with the analysis of the historical development and comparison of criteria for the integration of contracts, with particular emphasis on the German construction of juristic act theory, its reception and application in Portuguese Law and the current trends in complementary interpretation. Afterwards, it sets out the methodological and philosophical presuppositions of the problem and then looks at the limits on the application of hypothetical volition in the integration of a juristic act, examining the concept of a lacuna in legal transactions.Next, it is considered the application of hypothetical volition in the integration of a juristic act, as provided for in art. 239º of the Portuguese Civil Code, taking into consideration the complex hierarchy provided for in the legislative provision, the requirement of good faith and the practical difficulties inherent to the recourse to indirect evidence. Hypothetical volition is an evidentiary construction that draws on concrete facts and relies on the reasonable perception of the adverse party, interpreted in light of the good faith.Having drawn a distinction between hypothetical volition in the integration of juristic acts and other concepts that are similar to it, the study examines possible solutions to general and specific problems related to this issue, namely the application of hypothetical volition to (i) integration strictu sensu, (ii) conversion, (iii) reduction, (iv) qualitative modification due to incidental defect, (v) formal juristic acts, (vi) wills, (vii) gratuitous legal transactions, (viii) agreements containing standard general clauses, (ix) commercial agreements and (x) acts of incorporation of companies.<br>Esta dissertação aborda descritiva e criticamente o tema da vontade hipotética na integração do negócio jurídico, que consiste em mecanismo de proteção da autonomia dos negociantes até mesmo na complementação negocial, sem deixar de observar os limites estabelecidos pela heteronomia, tudo em vista de posições humanas concretas.Inicia-se o estudo com a análise do desenvolvimento histórico e comparado dos critérios de integração das convenções, com especial destaque para a construção alemã da teoria do negócio jurídico, da respectiva recepção pela experiência portuguesa e da mais atual defesa da interpretação complementadora. Segue-se com desenvolvimento dos pressupostos metodológicos e filosóficos do trabalho, encerrando-se com a primordial definição da linha limítrofe da vontade hipotética na integração do negócio jurídico: o conceito de lacuna negocial.Em sequência, investiga-se o funcionamento da vontade hipotética na integração do negócio jurídico nos moldes em que determinado pelo art. 239º do Código Civil, atendendo-se à complexa hierarquia prevista, os ditames da boa fé e a problemática concreta da noção de recurso a elementos de prova indireta. Isso porque a se trata de uma construção probatória, de investigação da verdade contrafactual por meio de elementos concretos mediatos, sem deixar de respeitar a confiança depositada pelo declaratário hipotético normal colocado na posição do declaratário hipotético real, como corolário da boa fé.Ao final, após a distinção negativa da vontade hipotética na integração do negócio jurídico com figuras próximas, desenvolve-se a resolução dos problemas gerais e especiais do tema, nomeadamente a vontade hipotética (i) na integração em sentido estrito (ii) na conversão, (iii) na redução, (iv) na modificação qualitativa por vício incidental, (v) no negócio formal, (vi) no testamento, (vii) no negócio gratuito, (viii) no negócio com cláusulas gerais (ix) no negócio comercial e (x) no ato constitutivo de sociedade.
Books on the topic "Juristic act theory"
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Si fa zhong de quan li: Xing cheng quan li lun zhi xin kai zhan = The power in private law : a new launch of the theory of Gestaltungsrecht. Beijing da xue chu ban she, 2011.
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Payk, Marcus M., and Kim Christian Priemel, eds. Crafting the International Order. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198863830.001.0001.
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Lawyers make politics, and international lawyers make international politics. Yet despite there being a few prominent judges and academic stars, the roles which jurists play as practitioners of international politics is often underappreciated or their juristic personas take a backseat to those of the politician and the diplomat. This volume sheds light on how lawyers over the past 300 years have made sense of, engaged in, and shaped international politics. Individual chapters show how politicians and administrators, diplomats and military men conceived of and considered their tasks in legal terms and how the large, amorphous field often described as ‘international relations’ was filled with life in the distinctly legal vernacular of laws and regulations, treaties and agreements, resolutions and conventions. The volume provides insights into what it means when concrete decisions are taken, negotiations led, or controversies articulated and resolved by legal professionals. It also enquires into how the often criticized gaps between juristic standards and everyday realities can be explained by looking at the very medium of law. Rather than sorting people and problems into binary categories such as ‘law’ and ‘politics’ or ‘theory’ and ‘practice’, the case studies in this volume reflect on these dichotomies and dissolve them into the messy realities of conflicts and interactions which take place in historically contingent situations and in which international lawyers assume varying personas.
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Tudsri, Pattarapas, and Angkanawadee Pinkaew. Formation of Contract, Enforceability, and Pre-Contractual Liability in Thailand. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0019.
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This chapter examines issues concerning the formation of contract under Thai law. It discusses the background to the Thai Civil and Commercial Code 1925 and the French and German influences on its drafting. The chapter examines the interpretation of intention, which is integral to the notion of a juristic act for creation of contractual obligations. The direction to discern true intention, combined with notions of fictitious intention and concealed juristic act, enables a court to re-characterize transactions according to their true intention. Through the power to ‘transform a void act’, a court may also declare an act valid otherwise void for non-compliance with formalities governing one kind of juristic act, if it complies with the requirements of another juristic act. The chapter discusses the German concept of Vorvertrag or pre-contract in the context of transactions that do not comply with the formality requirements, and explains why the Thai judges have not embraced this concept. It also examines how a court imposes pre-contractual liability on a party breaking off from contract negotiations.
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Hernandez, Rebecca Skreslet. Authority by Allusion. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805939.003.0006.
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The final chapter brings the discussion of al-Suyūṭī’s legal persona squarely into the modern era. The discussion explores how contemporary jurists in Egypt use the legacy of the great fifteenth-century scholar in their efforts to frame their identity and to assert authority as interpreters and spokesmen for the Sharīʿa in a political arena that is fraught with tension. In the midst of Mursī’s embattled presidency, leading scholars at Egypt’s state religious institutions rushed to news and social media outlets to affirm their status as representatives of “orthodoxy” and to distance themselves from more extreme salafī trends that threaten to change the way Islamic law is practiced in the modern Egyptian state. It is striking how closely the image of the moderate Sunni, Sufi-minded, theologically sound scholar grounded in the juristic tradition (according to the accepted legal schools) fits with the persona that al-Suyūṭī strove so tenaciously to construct.
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Boucher, David. Hobbes among the Classic Jurists. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198817215.003.0005.
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The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.
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Agamben, Giorgio. A Jurist Confronting Himself. Edited by Jens Meierhenrich and Oliver Simons. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199916931.013.36.
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This chapter was originally published as a preface to a collection of Italian translations of texts by and interviews with Carl Schmitt. It shows how each text offers an image of Schmitt that can best be seen in light of what Walter Benjamin called the "now of knowability": in a constellation formed by the decisive political problems of Schmitt’s time. The challenge these texts thus propose is akin to that of finding figures hidden in a landscape painting. The chapter argues that the hidden figures in Schmitt’s works designate those points at which their contemporary relevance is greatest. Only in this constellation can the crux of Schmittian exegesis-that of a fascist thinker who continues to concern contemporary society profoundly-be fully experienced.
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Oklopcic, Zoran. The Nomos and the Gaze. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198799092.003.0006.
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Chapter 5 confronted the imagination of the right to self-determination in international law. It focused on the ways in which interpretations of that right hinge on jurists’ implicit cartographies, their scopic regimes, affective predilections, disciplinary self-images, concealed calculi of suffering, visions of alternative universes, false binaries, and their idiosyncratic levels of (im)patience and anxiety, which—together with their quasi-nationalistic professional commitments and dreams of disciplinary sovereignty—remain some of the main factors that determine how international lawyers interpret the national sovereignty, territorial integrity, and political autonomy of everyone else. After having proposed a number of new ways of looking at the claims of the right to self-determination, Chapter 6 ends on a sobering note: as long as jurists remain preoccupied with their own disciplinary self-determination and ‘linguistic’ purity, they will continue reproducing the flat, monochromatic, and vacuous imaginary of popular sovereignty.
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Ramadan, Moussa Abou. Muslim Jurists’ Criteria for the Division of the World into Dar al-Harb and Dar al-Islam. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805878.003.0011.
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There is disagreement over the definition of dar al-Islam and dar al-harb between classical and contemporary jurists. Different authors have laid down different criteria; we find different opinions even within the same school; and at times variations may even be found with regard to the same author and/or in the same treatise. Some jurists give preference to Islamic law, while other focus on the safety of Muslims. The majority accepts that dar al-Islam can be transformed into dar al-harb, while Ibn Hajar holds that a territory belonging to dar al-Islam will never lose its status. There is also divergence on the question whether the world is divided into two or three categories.
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Fitzmaurice, Malgosia. The History of Article 38 of the Statute of the International Court of Justice. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0009.
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This chapter analyses the history of Article 38 of the International Court of Justice (ICJ) Statute. It also seeks to reflect on the Article’s current status. The main focus of this chapter is to look at sources of international law through the prism of their historical development, including potential ‘new’ sources (acts of international organizations, unilateral acts of States, soft law) which have emerged long after the twelve ‘wise men’ of the Advisory Committee of Jurists had completed their task of drafting Article 38. The chapter also deals with the ‘classical’ sources of international law, such as customary international law and general principles of law. It takes into account how various courts and tribunals approach these sources.
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Fiori, Roberto. Contracts, Commerce and Roman Society. Edited by Paul J. du Plessis, Clifford Ando, and Kaius Tuori. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198728689.013.44.
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The Roman law of contract has developed itself around the idea of obligation. At the beginning of its history, transactions were possibly differentiated only at an economical level, while from the juristic point of view only the obligatio mattered, so that the judicial remedies were general actions. This was probably a legacy of archaic law and society—which valued community more than the individual—some features of which were retained until the end of the Republic. However, changes in civil procedure caused the arising of a contractual system based on typicality, and this had the further consequence that the transactions not received into the system were considered atypical, their protection being provided by the reuse of the ancient general actions under new form. At the end of the Principate, changes in society and civil procedure reduced the importance of typicality, and some characteristic features of classical contract law were lost.
Book chapters on the topic "Juristic act theory"
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French, Nathan S. "Self-Renunciation and State Formation." In And God Knows the Martyrs. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190092153.003.0006.
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While the legal defenses of martyrdom-seeking operations of al-Qaʿida jurists and their sympathizers emphasize individual acts of self-renunciation, the state-building project of Abu Bakr al-Baghdadi’s self-declared caliphate of the Islamic State of Iraq and al-Sham (ISIS) instrumentalized martyrdom-seeking operations as fundamental to its political objectives. Alongside the arguments of Abu Bakr al-Naji and Abu ʿAbdullah al-Muhajir, the authors and jurists of ISIS—foremost among them Turki al-Binʿali, a former student of Abu Muhammad al-Maqdisi and grand mufti of ISIS—maintained Jihadi-Salafi narratives of theodicy and self-renunciation but identified specific gender roles for men and women in the state-building project. Women were to practice self-renunciation away from the battlefield and within the household, where they were to prepare the next generation of fighters. Men, on the other hand, were expected to go forth and fight in God’s cause, seeking martyrdom if necessary.
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Tolan, John, Gilles Veinstein, and Henry Laurens. "The Social Inferiority of Religious Minorities." In Europe and the Islamic World, translated by Jane Marie Todd. Princeton University Press, 2012. http://dx.doi.org/10.23943/princeton/9780691147055.003.0004.
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This chapter examines the fate of the minority Christians in the Muslim countries of Europe and of minority Muslims in Christian countries in the aftermath of conquest. It shows that, once the conquest was achieved, the new subjects had to be integrated into the political and social order. These religious “minorities,” who in actuality were often in the numerical majority immediately after the conquest, were usually granted a protected but subordinate place in society. Theologians and jurists justified their subordination, defining their role with reference to the founding texts (Qur'an, Hadith, Bible, or Roman law). These minorities were sometimes the victims of persecutions, acts of violence, and expulsions, but in general they enjoyed a status where their theoretical inferiority (religious and legal) did not prevent some of them from achieving clear economic and social success.
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French, Nathan S. "Intentional Suffering." In And God Knows the Martyrs. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190092153.003.0004.
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This chapter, along with the next, provides a comprehensive analysis of Jihadi-Salafi jurisprudence on the question of martyrdom-seeking operations (al-amaliyyat al-istishhadiyya), often referred to as suicide bombings in the West. Central to this analysis is an application of the theories of renunciation and subjectivity underlying the Jihadi-Salafi creed and methodology. For Jihadi-Salafi jurists, what separates suicidal ideation from a martyr’s intention (niyya) is a question of one’s individual subjective identity. A martyr must not have concern for the world (dunyā) or possess any improper desire for material wealth or comfort. Instead, a martyrdom seeker must undertake the act intending it for God alone. The legal texts defending martyrdom operations, the chapter concludes, reveal that Jihadi-Salafis appropriate as their ideal precedents for these operations the actions of the Salaf as well as the actions of early Muslim renunciants such as ʿAbd Allah ibn al-Mubarak (d. 181/797), author of the earliest known work on jihad.
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della Cananea, Giacinto, and Roberto Caranta. "Cases." In Tort Liability of Public Authorities in European Laws. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198867555.003.0014.
Full textAbstract:
Part III is at the heart of the ‘common core’ methodology employed in this research. It is based on a group of hypothetical cases discussed with national experts, in order to ascertain whether they make sense within all the legal systems selected for comparison. The hypotheticals include, first, administrative procedure, at the end of which a citizen or a firm either unsuccessfully applies for some type of benefit, such as a license or a concession, or is otherwise adversely affected by an administrative act or measure, including the dismissal of a civil servant; second, measures that are taken with regard to a variety of firms, such as the prohibition of import of certain goods from a foreign country; third, the administrative suspension or withdrawal of a benefit, such as a concession for selling certain products; fourth, material action taken by civil servants, for example police officers. The national experts do not only indicate the solution that is more likely to be provided by jurists in their respective legal orders, but also reflect on the underlying institutional and cultural reasons, including the role played by legal formants. The answers in the national reports also prepare the ground for further discussion (of a more comparative character) that is included in Part IV.
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Heller, Hermann. "Sovereignty and Positivity." In Sovereignty, edited by David Dyzenhaus. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198810544.003.0005.
Full textAbstract:
This chapter argues that one can glimpse the nature of sovereignty in the ability to positivize the highest legal rules binding on the community. There is no legal positivity for the authority order of the modern state without sovereignty. The legal derivation and attribution that grounds legal judgments, administrative acts, and legal transactions in the law, and the law in the constitution, inevitably falls into a yawning void if it dissolves the connection between the positivity of law and the sovereignty of the state. The jurist must take as a starting point the fact of sovereignty; otherwise he loses the object of his science—positive law—and will be left hanging in the air with all his science and practice.
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Hudnut-Beumler, James. "Washed in the Blood in the Red States." In Strangers and Friends at the Welcome Table. University of North Carolina Press, 2018. http://dx.doi.org/10.5149/northcarolina/9781469640372.003.0005.
Full textAbstract:
From a national congressional map the political makeup of the southern United States appears to be solidly red, or Republican, with a few small urban blue, or Democratic, districts surrounding state capitols and major cities. At the state and local levels, however, contemporary religion and politics continues to be an interesting contest between remnants of the old civil rights coalition on the left and the family values coalition religious right. This chapter focusses on former Alabama jurist Roy Moore as an example of the religious right, on Rev. William J. Barber’s Moral Monday’s in North Carolina as a revival of the coalition politics associated with Martin Luther King, Jr., and on the remarkable stand of four Protestant and Catholic bishops in Alabama against making rendering humanitarian aid to undocumented immigrants a felony. The bishops won by appealing to the religious obligations to follow the teachings of their faith—to the frustration of some of their own coreligionists.
Conference papers on the topic "Juristic act theory"
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Маевская, Марина, and Marina Maevskaya. "Law schools and employers cooperation as a factor of graduating students` preparation of high quality and their job connection." In St. Petersburg international Legal forum RD forum video — Rostov-na-Donu. INFRA-M Academic Publishing LLC., 2017. http://dx.doi.org/10.12737/conferencearticle_5a3a6fa961c8c9.43911596.
Full textAbstract:
The article is devoted to evaluation of priority forms of cooperation between institutes and employers, and troubled points, which impede their cooperation. 
 Taking into account identified shortcomings (disadvantages), the most effective forms of cooperation are performed. Moved a motion of supplement to Federal act «Of Education in the Russian Federation» relating to practical studies (job training) of law school students. 
 The model of dual education is subjected to evaluation, this model is considered to be one of the advanced forms of effective cooperation of law schools and employers. Reasoned the offer of practicability and timely adoption the model of dual education for jurist students.