Suchergebnisse

In the context of the Human Rights Dialogue between the European Union and the Islamic Republic of Iran, the Bristih Institute of International and Comparative Law undertook a project on "Human Rights in International Law and Iran". One of the outputs of this project is the publication of the present book, designed as a practical guide and reference book for foreign jurists and human rights defenders ... (Quelle: Text Verlagseinband / Verlag)

Preliminary Material /A. Layish -- Introduction One Tribal Arbitrators' Documents As A Source Of Legal History /A. Layish -- Introduction Two The Sedentary Bedouin Of The Judean Desert /A. Layish -- Introduction Three Tribal Judiciary And Customary Law /A. Layish -- Document One Submission, Tribal Award And Registration With Notary Public (1978) /A. Layish -- Document Two Murder with No Witnesses and Exculpatory Oath at al-Aqṣā Mosque (1954) /A. Layish -- Document Three Blood-Money Pact Reducing Tribal Liability (1966) /A. Layish -- Document Four Dissociation From Blood Group's Liability On Individual's Initiative (1963) /A. Layish -- Document Five Unintentional Vehicular Homicide And Reconciliation In The Presence Of A Qāḍī And A Muftī (1955) /A. Layish -- Document Six Unintentional Homicide Entailing Diya Muḥammadiyya (1975) /A. Layish -- Document Seven Diya Muḥammadiyya In The Presence Of A Sharʿī Qāḍī (1957) /A. Layish -- Document Eight An Eye For An Eye Or Monetary Compensation (1956) /A. Layish -- Document Nine Amputation Of The Hand Or Compensation Of One-Third Of A Diya Of A Person (1973) /A. Layish -- Document Ten Abduction, Marriage And Closure Of Criminal File (N.D.) /A. Layish -- Document Eleven Offense Against A Woman's Chastity Ṣā'iḥat Al-Ḍuḥā (1956) /A. Layish -- Document Twelve Cutting Down Trees, Damage To A Well, Etc. (1976) /A. Layish -- Document Thirteen Tribal Agreement On Regulations Relating To Corn Theft (1949) /A. Layish -- Document Fourteen Mukhtārs' Petition Concerning Shar'ī Marriage (N.D.) /A. Layish -- Document Fifteen Shar'ī Confirmation Of A Customary Marriage (1956) /A. Layish -- Document Sixteen Shar'ī Marriage Contract (1958) /A. Layish -- Document Seventeen Resort To Tribal Qāḍī Following The Harī'a Court's Failure To Solve A Dispute (1963) /A. Layish -- Document Eighteen Prompt Mahr Given To A Bride's Mother In Trust (1934) /A. Layish -- Document Nineteen Acknowledgment Of Mahr As Debt (1934) /A. Layish -- Document Twenty Agreement Between Brothers On Mobilizing Mahr Out Of The Estate (1957) /A. Layish -- Document Twenty-One Tribal Agreement On Mahr (1940) /A. Layish -- Document Twenty-Two Shar'ī Judgment Granting Maintenance (1964) /A. Layish -- Document Twenty-Three Bayt Shar'ī, Obedience And Divorce In The Sharī'a Court (1970) /A. Layish -- Document Twenty-Four Customary Khul': Compensation To Divorcing Husband On His Wife's Remarriage (1959) /A. Layish -- Document Twenty-Five Khul' Prior To Consummation To Be Effected In The Sharī'a Court (1966) /A. Layish -- Document Twenty-Six Consensual Divorce With Sureties To Be Effected In The Sharī'a Court (1974) /A. Layish -- Document Twenty-Seven Tribal Award Of Separation To Be Accomplished By Shar'ī Ṭalāq (1972) /A. Layish -- Document Twenty-Eight "Renunciation Divorce" On The Wife's Initiative In The Sharī'a Court (1962) /A. Layish -- Document Twenty-Nine Shar'ī Legal Opinion On Oath Of Suspended Divorce (N.D.) /A. Layish -- Document Thirty Agreement On Child's Custody And Maintenance (1979) /A. Layish -- Document Thirty-One Replacement Of Guardian Of Minors' Property By A Shar'ī Qāḍī (1904) /A. Layish.

The criminal treatment of juveniles in the European Union was regulated in earlier times and has evolved by national legislation of Member States, international treaties, documents of the Council of Europe, as well as by European Union Treaties, European Parliament Resolutions and Press Releases of the European Commission. The regulatory divergence of criminal treatment of juveniles in EU countries implies the need to elaborate certain minimum rules to prevent and to combat juvenile delinquency, oriented to education of minors and their punishment.

Freedom from arrest -- Parliamentary elections -- Parliamentary wages -- The process of statutory regulation -- The royal courts and their procedures -- The texts -- Documents relating to parliamentary privilege -- Documents relating to parliamentary elections -- Documents relating to the payment of members of parliament

Such famous jurists as H. Kelsen, J. Chevallier, Giorgio del Vecchio, A. Hauriou, Mircea Djuvara, François Rigaux, Ion Deleanu, Tudor Drăganu etc. expressed their views on the principles of the rule of law, which persisted for several centuries. The rule of law is never a perfect reality and no country can claim to have achieved perfection, because the rule of law is not obtained easily, it is the joint effort of the state authorities, civil society, and all the citizens. José Manuel Durão Barroso stated that "The rule of law is the cornerstone of the European Union, there is no true democracy without the rule of law and without democracy the rule of law is just an instrument in the hand of the rulers". While the European Commissioner for Justice, Viviane Reding stated that "In parallel to the economic and financial crisis, we also have been confronted on several occasions with a true "rule of law" crisis. At the beginning of April 2014, in Innsbruck (Austria), was held the academic conference entitled "Strengthening the rule of law in Europe - from a common concept to mechanisms of implementation". On April 21, 2014, the European Parliament noted, according to Article 49 of the EU Treaty, Moldova, Ukraine and Georgia, as any European country can apply to become a member of the European Union, given that they realize the principles of democracy, the fundamentals of freedom, human and minority rights and ensure the rule of law. Thus, achieving the rule of law in Moldova was and will be a permanent and current task in the coming years.

The internationalization of national constitutions includes an eventual unification of constitutional rules deemed necessary to intensify international relations. So, in a broader way it is invoked the impact of international law and international relations on constitutional law. The result of the internationalization of national rights is a progressive harmonization of concepts and legal rules. In the current state of international law, constitutions' internationalization corresponds a concrete impact of international law on constitutional norms. The current trend of constitutions is to regulate in a more accurate and comprehensive way the relations between the state and international law. International law does not require any particular form of the conclusion of international treaties. In intensification of international relations, international conventions and integration of states in international organizations, the Parliament carries important consequences for both on normative function and the control function. Such legislative activity is guided by international treaties concluded by the state. While the executive and the legislative are involved in the development of international law, the jurisdictional power intervenes to reconcile domestic and international legal norms. States do not devote supremacy of international law over their constitution. Because international treaties to be part of the national legal order is not enough that the procedure for concluding treaties to be respected. It is also necessary that treaties do not contravene fundamental state constitutional principles of human rights and the relationship between public authorities. The control of international treaties' constitutionality can be mandatory or optional. In the process of ratification of the treaty on EU European constitutional courts tend to create a similar design to establish the limits of European integration. In reality, the issue of constitutionality of international treaties control is a political issue and it is difficult to apply legal principles purely political matters. There are three categories of states in the aspect of national courts on constitutional regularity control concluding treaties.

A study of Islamic law and political power in the Ottoman Empire's richest provincial cityWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists' law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law - religious scholarship and royal justice - undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shariÃǾ²Ơ℗₋a and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.Key features Offers a new interpretation of the relationship between Islamic law and political power Presents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralization Studies judicial institutions such as the governor's Diwan and the imperial council that have received little attention in previous scholarship Integrates the study of legal records with an analysis of how legal practice was represented in contemporary chronicles Provides transcriptions and translations of a range of Ottoman legal documents A study of Islamic law and political power in the Ottoman Empire's richest provincial cityWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists' law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law - religious scholarship and royal justice - undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shariÃǾ²Ơ℗₋a and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.Key features Offers a new interpretation of the relationship between Islamic law and political power Presents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralization Studies judicial institutions such as the governor's Diwan and the imperial council that have received little attention in previous scholarship Integrates the study of legal records with an analysis of how legal practice was represented in contemporary chronicles Provides transcriptions and translations of a range of Ottoman legal documents

Članak prikazuje recentne studije o novcu kao pravnom fenomenu, putem čijeg kreiranja različiti "stakeholderi" uređuju raspodjelu resursa i odnose između pojedinih dijelova društva. U ovoj koncepciji novac formira tržište, a ne obratno. Na primjeru "slobodnog kovanja" karakterističnog za Englesku od 12. do 14. stoljeća analizira se dilema nominalizam – metalizam, te tri ograničenja robnog novca u kojima se očituje Greshamov zakon, odnosno kontroverza likvidnosti. U članku se ne analizira na koje proturječnosti nailazi nominalistička politika novca. Pokazuje se da se ni u suvremenoj koncepciji robnog novca, eksplicitnoj u Hayekovoj studiji The Denationalization of Money, zbog proturječja likvidnosti ne može – u kreiranju i održanju novčanog sustava – izbjeći uloga društvenih, izvantržišnih faktora, uz ostalo i prava. Kako mnogi autori zaključuju da je i zajednička europska valuta koncipirana po uzoru na zlatni standard (robni novac), slijedi da i uspjeh njezina dizajna i funkcioniranja ne može biti prepušten samo tržišnom mehanizmu, nego ovisi o društvenoj, političkoj i pravnoj potpori. ; The paper describes money as a legal phenomenon, which means that stakeholders use money to allocate resources and manage social relations. In this understanding money creates markets and not vice versa. The system of money creation called free minting, which was common in England from the 12th to the 14th century, is described. Three constraints of commodity money are explained and the nominalism – metalism dilemma is analysed. The focus of the analysis is on Gresham's law and the problem of liquidity of commodity money. The similarity between medieval commodity money and a modern concept of commodity money in the book The Denationalization of Money by Friedrich von Hayek is shown. The conclusion is that the market mechanism cannot solve the problem of liquidity without social agents not included in the market exchange. Since the common European currency is to some degree similar to the gold standard, the same conclusion works for the euro.

Preliminary Material /T.G. Leesen -- Introduction /T.G. Leesen -- I. Male Puberty /T.G. Leesen -- II. Res Mancipi /T.G. Leesen -- III. Specificatio /T.G. Leesen -- IV. Filius Praeteritus /T.G. Leesen -- V. Legatum Per Vindicationem (1) /T.G. Leesen -- VI. Legatum Per Vindicationem (2) /T.G. Leesen -- VII. Legatum Per Praeceptionem /T.G. Leesen -- VIII. Datio Tutoris /T.G. Leesen -- IX. Regula Catoniana /T.G. Leesen -- X. In Iure Cessio Hereditatis /T.G. Leesen -- XI. Condicio Impossibilis /T.G. Leesen -- XII. Stipulatio For A Third Person /T.G. Leesen -- XIII. Literal Contract /T.G. Leesen -- XIV. Emptio Venditio (1) /T.G. Leesen -- XV. Emptio Venditio (2) /T.G. Leesen -- XVI. Mandatum /T.G. Leesen -- XVII. Servus Communis /T.G. Leesen -- XVIII. Datio In Solutum /T.G. Leesen -- XIX. Novatio /T.G. Leesen -- XX. Actio Noxalis /T.G. Leesen -- XXI. Noxae Deditio /T.G. Leesen -- Conclusion /T.G. Leesen -- Appendix 1. Pomp., D. 1.2.2.47–53: Text And Translation /T.G. Leesen -- Appendix 2. The Leaders Of The Schools /T.G. Leesen -- Appendix 3. The Sabinians And The Proculians: Topoi /T.G. Leesen -- Bibliography /T.G. Leesen -- Source Index /T.G. Leesen.

The cause of disagreement -- Disagreement over the rulings of the religion -- Against disagreement over the rulings of the religion -- The method of the adherents of the truth when the correct ruling on an issue is not known -- Against arbitrary submission to authority -- The difference between submission to illegitimate authorities and referral to the legitimate authorities -- Against consensus -- Against speculative -- Against analogy -- Against preference -- Against inference -- Against legal interpretation and personal judgment