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Journal articles on the topic 'Legally protected good (legal good)'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Sáry, Pál. "The legal protection of environment in ancient Rome." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 15, no. 29 (2020): 199–216. http://dx.doi.org/10.21029/jael.2020.29.199.

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The paper wants to give an overview of the moral and legal rules which protected the natural and built environment in ancient Rome. These rules prove that environment protection is not a modern invention. A bonus et diligens pater familias was morally obliged to cultivate his own agricultural land carefully. Both air and water pollution was legally sanctioned. A house-owner had to keep his own building in good condition. Each person was to keep the street outside his own house in repair and clean. Demolition of both private and public buildings was strictly restricted. It is true that in ancie

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2

Ilyichev, P. A. "Ensuring Good Faith in Arbitration Proceedings." Actual Problems of Russian Law, no. 7 (July 1, 2018): 82–89. http://dx.doi.org/10.17803/1994-1471.2018.92.7.082-089.

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This article is devoted to some aspects of ensuring good faith in arbitration proceedings in civil cases within the framework of the arbitration procedure in terms of securing rights and legitimate interests of third parties who are not parties to arbitration with due regard to the reform of the arbitration courts law. The article analyzes the problem that takes place in law enforcement practice when parties involved in civil transactions to the detriment of rights and legally protected interests of third parties resort to arbitration proceedings and confirm an artificially created debt arisin

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Zwierz, Marta. "O przedmiocie ochrony prawnej przestępstwa paserstwa umyślnego." Problemy Prawa Karnego 30, no. 4 (2020): 39–72. http://dx.doi.org/10.31261/ppk.2020.04.02.

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This paper addresses the problem of classifying the criminal offence of handling stolen goods under the Polish Criminal Code of 1997. Referring to two separate and contradictory views about the crime, the study looks at both of them and attempts to define the subject of legal protection of that criminal offence in the Polish legal system. To this end, the paper also discusses a judgment of 26 June 2014 of the Polish Supreme Court (I KZP 8/14), in which the Supreme Court could not conclusively resolve the issue, creating even more doubts. The author questions the position of the Polish Supreme

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4

Safitri, Wahyuni. "PERLINDUNGAN HUKUM KONSUMEN DALAM JUAL BELI KENDARAAN BERMOTOR RODA DUA SECARA KREDIT PADA PT FEDERAL INTERNATIONAL FINANCE (FIF) DI SAMARINDA." Yuriska : Jurnal Ilmiah Hukum 1, no. 1 (2017): 45. http://dx.doi.org/10.24903/yrs.v1i1.204.

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This was a normative-judicial research on consumer legal protection in purchasing motorcycles by instalment through Federal International Finance (FIF) in Samarinda. It was aimed at investigating to what extend the purchasing of motorcycles by instalment through FIF is legally protected. The research collected both primary and secondary data. The primary data was collected by field survey conducted through semi-structured interview, while the secondary data was obtained by means of literature review.  It was concluded, firstly, that the position of consumers in making instalment credits

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Danilova, N. V. "The right to a healthy environment: social purpose, content and protection." Russian Journal of Legal Studies 2, no. 3 (2015): 175–80. http://dx.doi.org/10.17816/rjls18068.

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In the hierarchy of ecological and legal norms to ensure the right to a healthy environment it serves not just one of the principles of legal regulation in the field of environmental protection, but defines the ultimate goal, the social purpose of the industry of environmental law. Along with other global human rights the right in question acts as an indicator of the quality of human life. Analysis of the content of the right to blagopriyanuyu environment leads to the conclusion that the positive law, it is not a form of subjective rights and the legally protected interest. Therefore, it is su

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6

Kovač, Polonca. "Ethics of Officials in the Context of (Slovene) Good Administration." NISPAcee Journal of Public Administration and Policy 5, no. 1 (2012): 23–53. http://dx.doi.org/10.2478/v10110-012-0002-3.

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Abstract The author discusses various aspects of ethical conduct, referring to both individual officials and the public administration as a whole, in the sense of good governance. She underlines that the main ethical challenge for officials (seen as executors of public tasks) is to be responsive to the needs of the society in any type of activity falling within the competence of administrative bodies, such as designing new regulations and deciding on specific administrative matters. Considering the significance of public administration for the development of the society, the foundations of eth

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Schlee, Matthias, Jochen Schumacher, and Christoph Palme. "The New Law on Plant Engineering: European framework, National Implementation and Scientific Issues." Journal for European Environmental & Planning Law 2, no. 3 (2005): 215–27. http://dx.doi.org/10.1163/187601005x00318.

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AbstractThe new Deliberate Release Directive on plant engineering was to be implemented into national law on 17 October 2002. As the EC Commission recently gave notice to Germany, that some provisions of the new German implementation law may not comply with EC law, the following article emphasises the painstaking scrutiny of the legal leeway the EU has granted to its Member States in the law of plant engineering. To facilitate the ongoing discussions on implementation in the Member States the possible provisions are divided between (from the European perspective) the mandatory and the optional

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Karanikic-Miric, Marija. "Objectivization of moral damage." Zbornik Matice srpske za drustvene nauke, no. 152 (2015): 487–503. http://dx.doi.org/10.2298/zmsdn1552487k.

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Moral (non-patrimonial) damage in Serbian law includes physical and psychological pain and suffering, and fear of sufficient duration and intensity. This is a purely subjective concept of moral damage: the mere infringement of non-patrimonial rights, or violation of personal goods as objects of these rights, does not constitute moral damage, unless they caused the plaintiff?s physical or psychological pain, or fear, and disturbed his or her mental equilibrium. Objectivization of moral damage is a change in this paradigm, towards the understanding of moral damage as an abstract infringement of

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9

Mehta, Amiti, Amina Moustaqim-Barrette, Kristi Papamihali, et al. "Good Samaritan Drug Overdose Act awareness among people who use drugs in British Columbia, Canada." Journal of Community Safety and Well-Being 6, no. 3 (2021): 133–41. http://dx.doi.org/10.35502/jcswb.197.

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Introduction: To address the increase in opioid-related overdoses and deaths in Canada the Good Samaritan Drug Overdose Act (GSDOA) was enacted in May 2017. The GSDOA aims to reduce concerns of police attending overdose events and encourage bystanders to call emergency services. This study explores GSDOA awareness and understanding and the factors associated with GSDOA awareness among people who use drugs (PWUD). Methods: A cross-sectional drug and harm reduction service use survey containing GSDOA-specific questions wasconducted from October to December 2019 at 22 harm reduction supply

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10

Paw, Barbara. "LEGAL PROTECTION OF THE INDIVIDUAL AGAINST MOBBING." Roczniki Administracji i Prawa 3, no. XX (2020): 295–311. http://dx.doi.org/10.5604/01.3001.0014.4287.

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The current legal norms - in the field of mobbing - do not guard the protection of the rights of victims of mobbing, nor do they favor the pursuit of statutory guaranteed claims by victims of mobber activities. Keep in mind that anyone can become a victim of mobbing and you never know when this problem will affect the next person. The joint responsibility of the legislature, executive and judicature for good law, which should take into account the protection of the individual against the destructive intensity of mobbing, will take place when victims of mobbing are protected by law,and the mobb

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Mocarska, Dorota. "Limits of criminal liability of police officers - historical-legal study." Internal Security Special Issue (June 4, 2019): 29–43. http://dx.doi.org/10.5604/01.3001.0013.2169.

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Misuse of power is a crime that threatens the proper functioning of state institutions, undermining trust in the system of power, and creates a particular sense of injustice among the citizens who come into contact with it. Service in the Police puts before each officer a number of duties, resulting from the provisions of law contained in acts, regulations as well as decisions and orders of superiors. Few professions are so ethically demanding and so full of moral conflicts. No other profession requires making moral judgements about the behaviours of other people, and using in response to thes

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Widjiastuti, Agustin, Made Warka, Slamet Suhartono, and Hufron Hufron. "Legal Protection of Patients Participants of Health Social Guarantee in Human Rights Perspective." International Journal of Multicultural and Multireligious Understanding 7, no. 10 (2020): 165. http://dx.doi.org/10.18415/ijmmu.v7i10.2135.

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The rule of law through the government must provide public services for its people. In the conception of the welfare law state, every citizen/every person has the right to obtain good services and obtain legal protection from arbitrary actions by the authorities. Based on Article 1 number 1 of Law Number 39 of 1999 concerning Human Rights, human rights are rights inherent in every human person that must be protected so that human rights are always the core material of a modern state constitution. Legal steps for patients participating in the Health Social Security Administering Body in the per

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13

Nirwana, Nirwana, Farida Patittingi, and Sri Susyanti Nur. "THE LEGAL PROTECTION FOR REAL LAND RIGHT HOLDER IN CASE OF FORGED RINCIK." Tadulako Law Review 2, no. 2 (2017): 184. http://dx.doi.org/10.22487/j25272985.2017.v2.i2.8961.

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The legal Protection For Real Land Right Holder in Case of Forged Rincik. The research aimed to investigate (1) the legal protection for the land owner whose possession was based on rincik evidence, and (2) the legal protection on the good-will buyer based on the forged rincik document used in the land sale transaction. This was the normative legal research, also called the library research or documentary study because the research was only conducted on the written regulations or other legal materials or secondary data consisting of the primary and secondary legal materials. The interview was

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14

Gawrysiak, Piotr. "LICENCJE WOLNEGO OPROGRAMOWANIA." Zeszyty Prawnicze 8, no. 1 (2017): 193. http://dx.doi.org/10.21697/zp.2008.8.1.09.

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Open Source Software LicencesSummary Computer software is regarded in popular culture as a typical consumer good. Legally, it constitutes however an example of a „content”, which is protected – in a way not dissimilar to literary or audio-visual works – by copyright law. An important property of these works, closely related to recent advances in computer science and resulting ease of digitization and duplication, is a possibility of costless duplication. This allows the creator of a digital work – for example a computer program – to distribute it at no cost, hence the const of duplication itse

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15

Negru, Ciprian, Isabel Domínguez Gaibor, Aureliu-Florin Hălălișan, and Bogdan Popa. "Management Effectiveness Assessment for Ecuador’s National Parks." Diversity 12, no. 12 (2020): 487. http://dx.doi.org/10.3390/d12120487.

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Ecuador belongs to the group of 17 megadiverse countries on the planet, and the Ecuadorian national system of protected areas covers around 20% of the country’s territory. Despite some initiatives for protected areas management effectiveness evaluation, the information on this matter is scarce and a general overview is missing. In this context, this study aims at investigating problems faced by National Parks in Ecuador and developing a base level management effectiveness evaluation for possible comparative assessments in the future. Focusing on all 12 legally established National Parks, this

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16

Cooke, Mary. "The Ethics of the Health Care Market." Nursing Ethics 3, no. 1 (1996): 3–7. http://dx.doi.org/10.1177/096973309600300102.

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The free market theory has as its basis the assumption of equity. This equity is ascribed to both purchasers and providers in a perfectly balanced system so that there are seen to be no 'winners' or 'losers' in the market-place. The health system that is developing in the UK is structured as a managed market, but agency relationships between GPs and health authorities buffer the costing process of goods and therefore may be described as distorting the price. This could also be distorting the ability of the users, who are the real purchasers, from exercising their economic freedom. They may als

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17

Siegemund, Jan. "unrechtliche peinliche schmehung oder dem gemeinen nutz nuetzlich?Eine Fallstudie zur Normenkonkurrenz im Schmähschriftprozess des 16. Jahrhunderts." Das Mittelalter 25, no. 1 (2020): 135–49. http://dx.doi.org/10.1515/mial-2020-0010.

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AbstractLibel played an important and extraordinary role in early modern conflict culture. The article discusses their functions and the way they were assessed in court. The case study illustrates argumentative spaces and different levels of normative references in libel trials in 16th century electoral Saxony. In 1569, Andreas Langener – in consequence of a long stagnating private conflict – posted several libels against the nobleman Tham Pflugk in different public places in the city of Dresden. Consequently, he was arrested and charged with ‘libelling’. Depending on the reference to conflict

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18

Bagheri, Parviz, and Kamal Halili Hassan. "Data Privacy in Electronic Commerce: Analysing Legal Provisions in Iran." Journal of Politics and Law 9, no. 7 (2016): 133. http://dx.doi.org/10.5539/jpl.v9n7p133.

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This article discusses the legal protection of data privacy in electronic commerce in Iran. Currently, there is a gap in respect of data privacy protection in Iran as there is no specific privacy legislation in force. Consequently, e-consumers dealing in internet commerce are less protected. However there are rules and regulations in the laws in Iran such as the Islamic Republic (IR) of Iran Constitution, Computer Crimes Act, Penal Code, and Civil Liability Act which relate to privacy in general, although not directly related to data privacy in e-commerce. The Electronic Commerce Law (ECL) is

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19

Baral, Nabin, and Joel T. Heinen. "Regulatory Compliance of Community-Based Conservation Organizations: Empirical Evidence from Annapurna Conservation Area, Nepal." Sustainability 12, no. 22 (2020): 9420. http://dx.doi.org/10.3390/su12229420.

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Community-based conservation in the developing world generally puts more emphasis on voluntary commitments and compliance rather than enforcement of formal laws and regulations for the governance of protected areas. However, as with other forms of organizational management, once institutions are established, they are required to comply with all relevant, legally binding regulations. Furthermore, it is broadly assumed that compliance with established regulations is critical for good governance. In this paper, we review these matters through an empirical study of Conservation Area Management Com

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20

MOUKARZEL, PIERRE. "The customs adopted in the treaties concluded between the Mamluk sultans and the Venetian doges (13th-15th centuries)." Chronos 36 (August 17, 2018): 137–63. http://dx.doi.org/10.31377/chr.v36i0.12.

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Venice's economic and diplomatic relationship with the Mamluk sultanate dated back to the thirteenth century. It became the Mamluk's main and favorite European trading partner during the fourteenth and the fifteenth centuries. As international trade grew and commercial exchange intensified, Venice concluded treaties with the sultans and obtained privileges for its nationals. These privileges were at least equal and often superior to those adopted in trade among European merchant cities. The Venetian privileges in Egypt and Syria did not mean an agreement between two States, but a concession ma

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Aflah, A. "Utilization of Social Media to Promote Trademark and Services and Their Legal Protection." Jurnal Jurisprudence 8, no. 1 (2018): 1–7. http://dx.doi.org/10.23917/jurisprudence.v8i1.5986.

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Technological advancements continue to evolve all the time, it cannot be hindered and repressed. Thus, such advances must be directed for the good and welfare of human life, including the development of social media-which are currently offered in various forms. Many benefits can be obtained from social media, among others, as a means to promote trademarks and services from producers to consumers. Promotion of trademarks and services through social media provides convenience and benefits for producers, since it can save cost and time. However, advertisement by using social media also has impact

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22

Buchakova, Marina. "Subsoil: the Legal Regulation of Some Questions of Law Enforcement Practice." Herald of Omsk University. Series: Law 17, no. 3 (2020): 63–67. http://dx.doi.org/10.24147/1990-5173.2020.17(3).63-67.

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Introduction. The relevance of the article is due to the existence of contradictions and conflicts in the Russian legislation in the field of subsoil use, which determines the controversial issues that arise in law enforcement practice. Purpose. The purpose of the research is to analyze the legal regulation of the Institute of subsoil use, law enforcement practice in the field under study. Methodology. The paper primarily uses the formal legal method for analyzing current legislation, as well as general approaches and methods related to the methodological apparatu

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23

Estasari, Dinda, Widya N. Rosari, and Tito Sofyan. "LEGAL PROTECTION TOWARDS EXPORTERS AND IMPORTERS IN INTERNATIONAL TRADE TRANSACTIONS USING LETTER OF CREDIT (L/C) AS A PAYMENT SYSTEM AT PT. BANK MAYBANK INDONESIA TBK BRANCH OF BENGKULU." Bengkoelen Justice : Jurnal Ilmu Hukum 11, no. 1 (2021): 1–11. http://dx.doi.org/10.33369/j_bengkoelenjust.v11i1.15784.

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This study aims to examine and to analyze the legal protection of exporters and importers in international trade transactions using Letter of Credit (L/C) as a payment system at PT. Bank Maybank Indonesia Tbk branch of Bengkulu. The type of this study was normative legal research with descriptive analytical research design. The result of this study indicated that in an international payment system that used L/C, both exporters and importers were protected, thus exporters did not have to worry about their goods not being paid for, while importers did not need to worry that the goods they bought

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Bielinhio, V. "Administrative Procedure Act of the Republic of Estonia: Experience for Ukraine." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 110 (2019): 5–8. http://dx.doi.org/10.17721/1728-2195/2019/3.110-1.

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The article deals with the provisions of the Constitution of the Republic of Estonia which concern the cooperation of public administration with citizens and the protection of the citizens' rights. The comparison of the particular provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine is made. As a result of comparing the provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine, it is concluded that they are similar in terms of citizens' rights protection. In both Constitutions, citizens'

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COOPER, TED, JEFF COLLMANN, and HENRY NEIDERMEIER. "Organizational Repertoires and Rites in Health Information Security." Cambridge Quarterly of Healthcare Ethics 17, no. 4 (2008): 441–52. http://dx.doi.org/10.1017/s0963180108080560.

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The privacy and security rules of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 emphasize taking steps for protecting protected health information from unauthorized access and modification. Nonetheless, even organizations highly skilled in data security that comply with regulations and all good practices will suffer and must respond to breaches. This paper reports on a case study in responding to an important breach of the confidentiality and integrity of identifiable patient information of the Kaiser Internet Patient Portal known as “Kaiser Permanente Online” (KP Onl

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Adamus, Rafał. "Legally protected cultural goods and bankruptcy proceedings." Opolskie Studia Administracyjno-Prawne 18, no. 2 (2020): 9–26. http://dx.doi.org/10.25167/osap.2177.

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This paper deals with general problems of legal aims of bankruptcy proceedings in connection with the aims of heritage protection – issues built by completely different systems of values. Bankruptcy is designed for protecting pecuniary interest of a limited group of people, while cultural heritage is protected for present and future generations, despite its current commercial significance. In the global environment, bankruptcy of a cultural goods owner usually has a cross-border range but national bankruptcy legislations and laws devoted to heritage protection differ in very serious aspects. F

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Ontran Sumantri Riyanto, David Maharya Ardyantara, Raditya Sri Krisnha Wardhana, and Laurensius Lungan. "Legal Protection For Doctors Against Dishonesty Of Patients In Providing Information During Covid-19 Pandemic." International Journal of Science, Technology & Management 2, no. 1 (2021): 289–99. http://dx.doi.org/10.46729/ijstm.v2i1.118.

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Doctors and paramedics as health resources are the main component of health care providers to the public to achieve health development goals by national goals. Doctors and paramedics are the vanguard of treating Covid-19 patients with a very high risk of transmission of the virus. Legal protections for Doctors and paramedics are often overlooked as if society is apathetic and opinionated that it is already a duty and responsibility as medical personnel. Legal protections for the safety of Doctors and paramedics are less noticed, even though medical personnel are the vanguard in the handling of

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Nyholm, Linda, and Camilla A.-L. Koskinen. "Understanding and safeguarding patient dignity in intensive care." Nursing Ethics 24, no. 4 (2015): 408–18. http://dx.doi.org/10.1177/0969733015605669.

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Background: Dignity has been highlighted in previous research as one of the most important ethical concerns in nursing care. According to Eriksson, dignified caring is related to treating the patient as a unique human being and respecting human value. Intensive care unit patients are vulnerable to threatened dignity, and maintaining dignity may be challenging as a consequence of critical illness. Objectives: The aim is to highlight how nurses in an intensive care setting understand patient dignity, what threatens patient dignity and how nurses can safeguard patient dignity. Research design and

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Hendrawan, Daniel, Christian Andersen, and Theodora Novia Tjasa. "Legal Protection for Creditors in Money Loans Agreement Lending with Constitutional Court's Decision No. 69 / PUU-XIII / 2015." Journal of Politics and Law 12, no. 3 (2019): 178. http://dx.doi.org/10.5539/jpl.v12n3p178.

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In Indonesia, the Marriage Agreement has long been valid and regulated in the legislation in Law Number 1 of 1974 concerning Marriage. Marriage Agreement regulates marriage property. In Article 29 paragraph (1) Law Number 1 Year 1974 concerning Marriage stipulates that marriage agreements must be made before the marriage takes place, but in 2015 the Constitutional Court issued Decision Number 69 / PUU-XIII / 2015 concerning changes to Article 29 paragraph (1), paragraph (3), and paragraph (4) of Law Number 1 of 1974 concerning Marriage which states that the Marriage Agreement can be made befor

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Litwin, Tomasz. "The Reflection on the Human Nature and the Power in the Constitution of the Republic of Poland of 1997 from the Legal-Constitutional Research Perspective." Horyzonty Polityki 12, no. 39 (2020): 67–88. http://dx.doi.org/10.35765/hp.1841.

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RESEARCH OBJECTIVE: The main research aim of the article is the analysis of the relations between the conception of the human nature and the main purposes of the power in the rules of the Constitution of Poland. THE RESEARCH PROBLEM AND METHODS: The research problem of the article is how the constitutional conception of the human nature influences the conception of power and its purposes expressed in the Constitution. The article presents the legal-constitutional research perspective and is based on various methods of interpretation of the constitutional rules. THE PROCESS OF ARGUM

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Winata, Oey Valentino, and Wisnu Aryo Dewanto. "BATASAN TERHADAP IMUNITAS ADVOKAT YANG DIPERLUAS BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 26/PUU-XI/2013." DiH: Jurnal Ilmu Hukum 16, no. 1 (2020): 38–48. http://dx.doi.org/10.30996/dih.v16i1.2974.

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The basis for granting immunity to advocates is in Article 16 of Law No. 18 of 2003, that advocates cannot be prosecuted both civil and criminal in carrying out their professional duties in good faith in the interests of the Client's defense in court proceedings. The immunity obtained by advocates is not only within the scope of the court, but also protects it outside the court. The immunity has been expanded based on the Constitutional Court Decision Number 26 / PUU-XI / 2013. The granting of immunity to such advocates is considered as an act that violates the provisions of Article 28 D of th

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Horielova, V. "Public morality as an object of national security of Ukraine: theoretical and legal aspect." Юридичний вісник, no. 5 (December 8, 2020): 98–104. http://dx.doi.org/10.32837/yuv.v0i5.2007.

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The article examines the expediency of introducing spiritual and moral and ethical values as an object of protection by the National Security Service of Ukraine in accordance with the draft Law on Amendments to the Law of Ukraine "On the Security Service of Ukraine" to improve organizational and legal principles. activities of the Security Service of Ukraine. It is established that as an object of national security, public morality can be interpreted in a narrow and broad sense. In a broad sense, such an object of public morality can be interpreted as a system of state values, such as sovereig

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Puig, Santiago Mir. "Legal Goods Protected by the Law and Legal Goods Protected by the Criminal Law as Limits to the State's Power to Criminalize Conduct." New Criminal Law Review 11, no. 3 (2008): 409–18. http://dx.doi.org/10.1525/nclr.2008.11.3.409.

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Amongst the limits that present-day European criminal law theory tends to impose on the state's power to criminalize conduct, the principle of "exclusive protection of legal goods" occupies a prominent place. The criminal law is only needed when the protection of legal goods requires making use of it. But not all legal goods should be transformed into legal goods protected by the criminal law. European theorists have not normally made reference to the latter concept, as they have usually limited themselves to speaking of "legal goods" in general terms. In this short piece I would like to highl

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Hamdanniam, Dimas, and Akhmad Khisni. "Kajian Hukum Hak Cipta Penggunaan Audio Populer Dalam Pembuatan Vidio Menggunakan Aplikasi Dubsmash." Jurnal Akta 5, no. 1 (2018): 141. http://dx.doi.org/10.30659/akta.v5i1.2541.

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ABSTRAKPenelitian ini bertujuan mengkaji dan menganalisa: (1) penggunaan audio populer dalam pembuatan video menggunakan aplikasi dubsmash melanggar hak cipta ditinjau dari UUHC. (2) peran dari Notaris dalam perlindungan hukum terhadap pencipta dalam hal adany penggunaan audio populer yang membuat video menggunakan aplikasi dubsmash tanpa izin (3) kendala dan solusi dalam perlindungan hukum terhadap pencipta.Hasil penelitian ini adalah: (1) Pelanggaran atas penggunaan audio populer dalam pembuatan video menggunakan aplikasi dubsmash ditinjau dari UUHC dapat dikategorikan sebagai perbuatan yang

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Veitch, Paul. "The Case for “Good” Legal Representation: Is it worth fighting for?" International Journal of Mental Health and Capacity Law, no. 21 (September 8, 2014): 15. http://dx.doi.org/10.19164/ijmhcl.v0i21.220.

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<p>The legal representation of patients detained under the Mental Health Act 1983 (the Act) by way of public funding is very recent. Prior to the Act legal representation was not commonplace and was not seen as desirable. A Royal Commission report in 1957 commented that “As the proceedings on applications to Mental health Review Tribunals will usually be informal and neither the patient nor the hospital or local authority will usually need to be legally represented...”5 It was the Legal Aid Act 1974 that granted public funding for a solicitor to prepare a case for a Mental health Review

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Pietersz, Jemmy Jefry. "Prinsip Good Governance Dalam Penyalahgunaan Wewenang." SASI 23, no. 2 (2018): 167. http://dx.doi.org/10.47268/sasi.v23i2.107.

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governance is a way implemented by the government using political, economic and administrative authority in managing economic and social resources for community development. The term governance is more directed to technical matters of governance in a country. By that, the term governance in relation to good governance is directed more towards legal aspects, especially administrative law which in essence more emphasized public service aspect which is addressed to society. Good governance characteristics include Participation, Rule of law, Transparency, Responsiveness, Consensus orientation, Equ

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Ruśkowski, Eugeniusz, and Urszula Zawadzka-Pąk. "Rationalization of Legally Determined Expenditure as a Condition for Strengthening Financial Accountability." Public Governance, Administration and Finances Law Review 3, no. 1 (2018): 82–93. http://dx.doi.org/10.53116/pgaflr.2018.1.8.

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The main purpose of this article is to analyse the relationship between financial accountability and legally determined expenditure. According to the adopted research hypothesis, increasing the financial accountability requires taking specific actions in the field of the legally determined expenditure. As the article is theoretical, it does not present the results of the empirical research; the formal-dogmatic method was used to interpret the content of legal acts and jurisprudence of the Constitutional Tribunal, as well as the non-obstructive method to analyse the foreign and Polish literatur

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Kim,Yongsu. "The legally protected good of kidnap(article 287 of the criminal code) and definition of kidnapping." Ajou Law Review 10, no. 1 (2016): 147–63. http://dx.doi.org/10.21589/ajlaw.2016.10.1.147.

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Bitāns, Agris. "LEGAL COMMENTS IN RELATION TO THE LATGALIAN WRITING LANGUAGE AS A HISTORICAL VARIETY OF LATVIAN." Via Latgalica, no. 4 (December 31, 2012): 116. http://dx.doi.org/10.17770/latg2012.4.1683.

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<p>The paper is aimed at provision of legal assessment of the Latgalian language as a variant of Latvian, using mainly the analytical and historical method.</p><p>Notwithstanding the fact that the Official Language Law recognizes that the Latgalian language is a variant of the Latvian language, there is no absolute clarity with regard to the status of this language and its practical use in formal communication. Also the attitude from public authorities is inexcusably inappropriate – as far as declaring the Latgalian language to be a foreign language. However, from historical

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Lukashuk, I. I. "The Principle Pacta Sunt Servanda and the Nature of Obligation Under International Law." American Journal of International Law 83, no. 3 (1989): 513–18. http://dx.doi.org/10.2307/2203309.

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The principle that treaty obligations must be fulfilled in good faith is one aspect of the fundamental rule that requires all subjects of international law to exercise in good faith their rights and duties under that law.In the sociopolitical sphere, this fundamental principle may be seen as manifesting the need perceived by states for an international legal system that can ensure international order and prevent arbitrary behavior and chaos. In the legal sphere, the principle is confirmation of the character of international law as law. Subjects of international law are legally bound under the

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Brassington, Iain. "What a drag it is getting old: a response to Räsänen." Journal of Medical Ethics 45, no. 7 (2019): 467–68. http://dx.doi.org/10.1136/medethics-2019-105494.

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In this brief response to Joona Räsänen’s argument for the coherence and desirability of being able legally to change one’s age, I outline a couple of reasons for thinking that the case he makes is deeply flawed. As such, I contend that we have no reason to think that age should be the kind of thing that one should be able to change legally. Moreover, we have at least one good reason for thinking that legal age change would be positively undesirable.

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Ruslin, Ruslin. "An Existence of State Administration Court in Establishing Good Governance." Aloha International Journal of Multidisciplinary Advancement (AIJMU) 1, no. 1 (2019): 1. http://dx.doi.org/10.33846/aijmu10101.

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Administration officials have broad authority in carrying out the affair of government. With this broad authority tends to be misused to cause harm and injustice in the society, therefore there must be other institutions that control it. Based on the theory of Trigs Politico executive agencies are politically controlled by the legislative and juridical institutions controlled by the judiciary, because the officials running the state administration executive functions that control the judiciary is legally the state administrative court. Judicial control of administrative functions of the state

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Богдан, Варвара, Varvara Bogdan, Ольга Коротких, and Olga Korotkikh. "SALE NOTICE OF SHARE OF JOINT PROPERTY AS A LEGALLY RELEVANT NOTICE." Advances in Law Studies 7, no. 2 (2019): 31–35. http://dx.doi.org/10.29039/article_5da62001230bd3.31111415.

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This paper deals with a new phenomenon for the Russian system of justice - legally relevant notice in the context of determining its legal nature on the example of the sale notice of share of joint property. The authors analyze separately and in their interconnection the theoretical problems concerning both the legal nature of legally relevant notice and the sale notice of the share of common property to a third party. The authors suggest that in case of the need to ensure adequate protection of the rights of co-owners, it is significantly important to consider the sale notice of a share of jo

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Pokrovskiy, A. V. "Role of the European ombudsman in implementation of good governance." Actual Problems of Russian Law, no. 4 (May 30, 2019): 168–73. http://dx.doi.org/10.17803/1994-1471.2019.101.4.168-173.

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The purpose of the paper is to analyze the phenomena of the law of the European Union, ensuring the activities of the European Ombudsman as a body promoting the integration process in the European Union.The subject of consideration in the article is the legal status of the European Ombudsman, its role and place in the institutional system of the European Union.The paper provides a brief overview of the competence of the European Ombudsman and ways of his activities, explores the role of the European Ombudsman in implementing the good governance, analyzes the practice of the European Ombudsman

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Popovski, Aleksandra. "Zaštita javnoga interesa u raspolaganju javnim dobrom u općoj uporabi." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, no. 1 (2017): 275–99. http://dx.doi.org/10.30925/zpfsr.38.1.9.

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The interest of the community regarding the use of public good is legally acknowledged as a public interest. In order to protect the public interest, a person of public law is not allowed to alienate the public good, nor burden it with certain forms of security rights. The power to dispose the public good is reduced to issuing licenses for the temporary and revocable use of the good that goes beyond general use. Approval may be issued in the form of an administrative act, concession or contract. Administrative act and concession enable the application of various remedies by which person of pub

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Denisov, Sergey, and Hovhannes Jumshudyan. "Public order as a social good protected from hooliganism by the criminal law of the Republic of Armenia." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 1 (2021): 110–14. http://dx.doi.org/10.35750/2071-8284-2021-1-110-114.

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The article is devoted to the study of the essence of public order as the object of legal protection against hooliganism. Public order as a complex differentiated category is formed from numerous volitional relationships between people in society being manifested in their behavior and actions as a result of their conscious activity. The state adopting certain laws exerts considerable influence on interpersonal relations monitoring their compliance and execution. Public order as the object of criminal legal protection from hooliganism is a complex socio-legal category based on the relations bet

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Assaf, Katya. "Magical Thinking in Trademark Law." Law & Social Inquiry 37, no. 03 (2012): 595–626. http://dx.doi.org/10.1111/j.1747-4469.2011.01271.x.

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People in all societies have a tendency toward magical thinking. This human inclination is extensively exploited by modern advertising, which routinely suggests that consuming goods will make us successful, happy, and fulfilled. In this article, I suggest that such advertising creates a system of beliefs resembling a totemic religion. In this religion, brands perform the role of sacred objects. Trademark law initially aims at preventing consumer confusion. Yet, today, famous trademarks are extensively protected against nonconfusing associations. I argue in this article that this broad protecti

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Barnard, C. E. "Key drivers in environmental legislation towards good governance." Water Policy 9, S2 (2007): 31–50. http://dx.doi.org/10.2166/wp.2007.128.

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The trialogue model is investigated with reference to the process that should be generated by Government, Science and Society and the results that should be achieved in the interaction at the interfaces between the stakeholders. What should and what has been achieved are analysed and contrasted. The procedural part of the process is mainly the process of integrated environmental management, supported by a public participation process. The principles against which developments should be measured include sustainable development, the maximisation of benefits and evaluating land development by con

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Wells, Jeremy C., and Lucas Lixinski. "Heritage values and legal rules." Journal of Cultural Heritage Management and Sustainable Development 7, no. 3 (2017): 345–63. http://dx.doi.org/10.1108/jchmsd-07-2016-0044.

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Purpose Existing regulatory frameworks for identifying and treating historic buildings and places reflect deference to expert rule, which privileges the values of a small number of heritage experts over the values of the majority of people who visit, work, and reside in historic environments. The purpose of this paper is to explore a fundamental shift in how US federal and local preservation laws address built heritage by suggesting a dynamic, adaptive regulatory framework that incorporates heterodox approaches to heritage and therefore is capable of accommodating contemporary sociocultural va

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Augustine, Dallas. "Working around the Law: Navigating Legal Barriers to Employment during Reentry." Law & Social Inquiry 44, no. 03 (2019): 726–51. http://dx.doi.org/10.1017/lsi.2018.23.

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Employment has been cited as one of the most effective protections against recidivism for formerly incarcerated people; however, job seekers with criminal records face barriers to employment after prison. They find themselves in a legal double bind where they are simultaneously compelled to obey the law (by finding “legit” work) but also legally barred from doing so. To navigate this conflictual legal positioning, job seekers with felony records develop strategies of working around the law to find employment. Through thirty qualitative interviews with people with felony records, I examine this

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