Academic literature on the topic 'Lawful tender'

In the real work the nature of lawful means of payment from a position of science of a financial law is considered. The origin, formation and development of institute of lawful means of payment is investigated. Intrinsic legal signs of lawful means of payment are revealed. The author of article comes to a conclusion that it is possible to understand as lawful means of payment emitted in a certain monetary unit and officially introduced into circulation on behalf of the state the instrument of payment accepted at nominal cost within the respective territory, and used as it should be, the defined legislation on monetary circulation, for execution of monetary duties and the termination of liabilities.

This study is aimed to explain the interpretation of symbols systems in Javanese wedding ceremony. The symbol patterns can be categorized into leaves symbols, vegetable symbols, flowers symbols, food and drinks symbols, Javanese traditional instrumental music (gending-gending), and thread of marriage processions. The data of this study were collected by in-depth interview techniques, participant observation, and documentation. The data were analyzed with the Miles and Huberman interactive models. Data analysis reveals that substantial meanings of the symbols in Javanese wedding ceremony are of advice, prayers, descriptions, parables, and responsibilities. The first, an advice for a bridge/a bridegroom is to have a well foundation, always to love each other, to become a reassuring spouse, to be considerate and think clearly, to have tender heart, and to respect their parents. The second, prayers are delivered in order that the bride and bridegroom have abundant lawful or halal fortune or wealth, have good offsprings, keep away from life barriers. The third, description means that the bridge looks like a beautiful queen and a bridegroom is associated to a handsome and dashing king. The fourth, a parable of marriage is alike to wade the ocean with big waves and storms. The fifth, a responsibility is due to a husband to make a hay or earn money and a wife to manage it then they work together to obtain the goal of marriage. The connotative meaning is flourished to become a myth that marriage ceremony is equipped with standard of symbols that will build the happy and everlasting marriage.

Abstract The prevalence of the Internet Plus model and mobile applications have brought people into the era of sharing economy, thus accelerating the generation of the “gig-worker.” Foreign experiences have tended to classify gig-workers as employees or as an additional employment category. However, reviewing China’s domestic practices, employment legislation is not enough to keep up with this innovative working style because the work classification and supporting mechanisms for gig-workers have not yet been explicated. This paper identifies the major types of gig-workers that have arisen and investigates 110 court cases to better understand the employment status of gig-workers in China. The empirical results indicate that the judgements of similar facts are diverse in the absence of a unified employment standard. Therefore, it is recommended that the work classification of gig-workers be clarified, lawful access to benefit plans and work protection system be safeguarded, and burden of accident liabilities be fairly distributed.

Among the regulatory and communicative mechanisms of power establishment in the Ukrainian Cossack state is the leading propensity for legal solution of social and political issues — both in the environment of the elite and between the elite and subordinate strata. In the context of court proceedings, it is necessary to highlight the tendency to ensure adversarial process between the plaintiff and the defendant, to create the respondent’s conditions for defense, to direct the court’s work not only to punish, but also to restore justice, to judge impartially and collectively. All this meant rejection of Russian legal norms, which legitimized the «right of the strong». The focus on the impassive legal process was extrapolated to manifestations of both domestic and foreign policy. First of all, this was reflected in the rejection of political actions based on military pressure and coercion, which were recognized as illegitimate ones. In the domestic political aspect, there was the emphasized trend towards constitutional methods of regulating public life. In particular, state institutions purposefully created legal norms in those spheres of public activity where tradition was no longer able to regulate them. In the political and cultural life of the Cossacks’ elite, we also see a clearly defined tendency to regulate legally relations between the participants of the political process. The views formed within such limits denied arbitrariness as a method of solving social and legal problems. However, it should be noted that within the framework of judicial and legal practice of the time, such notions were practically not implemented. The institutional mechanisms of state decision making evolved from the General Council to the Council of General Officer Staff, and then to the representative institution of Ukrainian society — the Sejm. In the evolution of mechanisms for administrative positions, there is a clear tendency to oust the election process and replace it with kinship and clientela relations within the Cossacks’ elite. Nevertheless, the electorate tendencies in the Cossack class remained at the lowest levels of the administrative hierarchy until the decay of the Ukrainian Cossack state. This was due to the fact that the political elite of Hetmanshchyna resisted Russian attempts to interfere with the filling of state posts in Left Bank Ukraine, as well as due to the confrontation of officer groups for dominance over local governments. With the acceptance of ideas of the nobles’ republic by the General Officer Staff, we observe a new strengthening of the electorate institution. Asserting power among representatives of their own social class, the Cossacks’ elite tended to maintain a balance between encouragement and punishment. As for the subordinate classes, the propensity to use punishment and coercion was much more pronounced. There was, however, a marked tendency towards the legislative regulation of the force use. At the political and cultural level, arbitrariness had never been recognized as the lawful actions. Besides, it was not necessary for the Cossacks’ elite to resort to violence to persuade; the pressure of public opinion often was enough.

Ethics, or moral philosophy, is an attempt to define principles that govern how people should behave in society. Healthcare is practised within communities and must reflect the cultural and ethical values of society as a whole. Professional codes of ethics are not unique to healthcare, but from as early as the 5th century BC ethical behaviour has been acknowledged as a cornerstone of good medical practice. The relationship between a health professional and a patient is one where power lies predominantly with the health professional and the various biomedical ethical codes seek, among other things, to redress that balance. Underpinning all of biomedical ethics are four main principles or shared moral beliefs first articulated by Beauchamp and Childress in the 1970s:¹ Respect for autonomy of the individual. Non-malfeasance (do no harm). Beneficence (do good). Justice (fairness and equality).In some situations the principles can be opposing and each health professional must decide on the right course of action in those circumstances and be accountable for their decision. Material is available to help deal with such dilemmas and in the UK both the General Medical Council (GMC)² and the British Medical Association (BMA)³ produce comprehensive guidance. Cultural and societal differences can lead to varied views on what is ethically acceptable and global guidance issued by bodies such as the World Medical Association⁴ is particularly useful as people become more mobile internationally. The issues in occupational health (OH) may differ from those in other branches of healthcare but the same four principles apply. A therapeutic relationship is uncommon in OH and blanket use of the term ‘patient’ in describing ethical duties may therefore be unhelpful since it may lead healthcare professionals and/or those to whom they are rendering services to believe that ethical guidance does not apply to much of their work. Internationally the term ‘worker’ is used much more widely in ethical guidance and this is the terminology that will be used throughout this chapter, whether or not a therapeutic relationship exists. In practice, the ethical challenges and reasoning that should be applied are essentially the same, whether the relationship is a therapeutic one or not, since the power predominantly lies with the OH professional. A worker is far more likely to divulge confidential information to a member of the OH team than to a lay person and management is far more likely to accept guidance on health matters from an OH professional than from someone without a healthcare qualification. OH practitioners enjoy the authority and the status of their core professions—they must therefore apply the same ethical principles as their peers in other specialties. Ethical guidance in OH has tended to be produced at national level, by and for individual professional groups within the discipline.^5,6 This has its benefits but does not reflect well the multidisciplinary nature of most OH teams or the increasing globalization of the workforce. The International Commission on Occupational Health (ICOH) has produced a code of ethics⁷ that applies to all OH professionals and which is particularly helpful for those with international responsibilities. There is sometimes confusion between acting ethically and acting lawfully. They are not the same. Laws sometimes allow health professionals to opt out on ethical or moral grounds (e.g. termination of pregnancy). Where that is not the case practitioners should reflect carefully, consult with appropriate colleagues and follow their conscience in full knowledge of any potential consequences for themselves of breaking the law. Simple legal compliance does not guarantee ethical behaviour and acting ethically may be unlawful. The hallmark of a professional is taking responsibility for one’s own actions and acting with probity—that may be difficult but the application of sound ethical analysis can ease the process.