Suchergebnisse

This article shows the first results existing of the legal framework for the management of Historical Centers as part of the territory, particularly of the Liberia situation as part of the project "Baseline for the sustainable management of the Historical Center of Liberia City". The project reviews a brief documentary analysis and a systematic review of the laws, regulations, and case law concerning the historical centers as a heritage property and the territory's resources from the municipal power perspective of establishing legal instruments for the management of the territory and urban planning. Following the Kelsen pyramid about the hierarchical regulatory system, there were selected executive laws, decrees, and rules, as well as related case law with a heritage property as part of the territory, for the present paper there were no considerations of the international conventions about heritage property since this was addressed comprehensively in other projects. The contribution of this article is to identify the regulatory framework that sustains the municipal regulation as the management tool for heritage conservation of the Historical Center. ; Este artículo expone los primeros resultados del análisis del marco jurídico existente para la gestión de Centros Históricos como parte del territorio, en particular el caso de Liberia, como parte del proyecto "Línea base para la gestión sostenible del Centro Histórico de la ciudad de Liberia." El trabajo realiza un breve análisis documental y una revisión sistemática de las leyes, reglamentos y jurisprudencia al respecto de los centros históricos como bienes patrimoniales y recursos del territorio desde la potestad municipal de establecer instrumentos legales de ordenación de su territorio y planificación urbana. Siguiendo la pirámide de Kelsen sobre la jerarquización del sistema normativo se seleccionaron las leyes, los decretos y reglamentos ejecutivos, así como la jurisprudencia relacionados con el patrimonio como parte del territorio, para este trabajo no se consideraron los tratados y convenciones internacionales sobre patrimonio ya que esto se ha abordado de manera exhaustiva en otros proyectos. El aporte de este artículo es identificar el marco jurídico que da sustento a la reglamentación municipal como instrumento de gestión para los Centros Históricos como una herramienta más de conservación del patrimonio.

Book reviewed in this article:Day Services for People with Learning Disabilities Philip Seed (ed).Mental Illness in People with a Learning Disability Andrew Swift.Insights Into Inspection — The Regulation of Social Care Roger Clough (ed.).Brain Development and Epilepsy P.A. Schwartzkroin, S.L. Moshe, J.L. Noebels and J.W. Swann (eds).Behavioral Interventions with Brain‐Injured Children A. MacNeill Horton and William G. Miller.Assessment of Mental Capacity: Guidance for Doctors and Lawyers British Medical Association and The Law Society.Teachers with Special Needs: Training for Teachers of Adults with Learning Difficulties M. Boice.St Lawrence's. The Story of a Hospital, 1870–1994 Robert Malster.Mothers, Babies and Cocaine M. Lewis and M. Bendersky (eds).Opening New Doors. An Evaluation of Community Care for People Discharged from Psychiatric and Mental Handicap Hospitals Michael Donnelly, Sinead McGilloway, Nicholas Mays, Sarah Perry, Martin Knapp, Shane Kavanagh, Jennifer Beecham, Andrew Fenyo and Jack Austin.

Shaham challenges the common opinion that Islamic legal modernism, as represented by Rashid Rida (d. 1935), is of poor intellectual quality and should not be considered an authentic development within Islamic law. The book focuses on the celebrated Sunni jurist, Yusuf al-Qaradawi (b. 1926), whom Shaham perceives as a close follower of Rida. 0By studying the coherence of Qaradawi's Wasati theory of ijtihad and the consistency of its application in his legal opinions (fatwas), Shaham argues that Qaradawi, by means of eclecticism and synthesis, conducts a bold dialogue with the Islamic juristic heritage and brings it to bear on modern developments, in particular the institutional framework of the nation-state

Zimbabwe's human rights obligations under international and domestic laws secure the rights to property, adequate shelter, freedom from arbitrary evictions, protection and benefit of the law, fair administrative action and due process. Despite these protections, however, the government has repeatedly and arbitrarily demolished homes in urban areas particularly in Harare in apparent disregard of these rights. This article presents the findings of a field study conducted in Harare in April 2016 following the demolition of over 100 homes in Harare's Arlington suburb in January 2016. The methodology included a site visit of demolished homes and interviews with victims of the demolitions, the victims' lawyers, members of civil society, journalists, officials of residents' associations and the national human rights institution in Harare between 11 April - 15 April 2016. This primary data was complemented with a desk review of available literature. The study uses the Arlington evictions as a representative case study of what has emerged over the last few years as a pattern. The article therefore examines home demolitions and evictions in Harare with particular focus on the Arlington demolitions vis-a-vis Zimbabwe's legal obligations under both domestic and international law. The findings reveal ambiguities in Zimbabwe's domestic legal framework; an unregulated land allocation system; political indiscipline; and government bureaucracy and departmental infighting as some factors that have created room for the widespread arbitrary demolitions and related violations of human rights. The article concludes by making targeted recommendations.

Administrative law in South Carolina has undergone radical and pervasive changes in the last twenty years. Not only has the body of case law dramatically increased, state agency regulatory schemes have grown, due process standards have been more clearly defined, and administrative procedures have become more formal and consistent. Perhaps the most important development in state administrative practice and procedure over the past two decades has been the creation and expansion of the Administrative Law Court. Administrative law touches practically all facets of everyday life and everyday law practice. It provides the framework by which state government administers service, policy, licensing and permitting, and taxation programs. Administrative law regulates telephone and power rates, determines taxes and rates, protects air and water from pollution, oversees and controls the availability of and access to healthcare services for many of our citizens, sets insurance rates, sanitation standards on restaurants, sets policy for and controls property use, regulates workplace safety, and performs a host of other functions that affect virtually every segment of everyday society.

The overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation that will most likely impact those practitioners. This article does not, however, discuss many of the numerous technical legislative changes to title 58.1 of the Virginia Code, which covers taxation.

Translated from the French by Hilde Herrmann.

Discusses reforms in the United States Agency for International Development designed to realign policy and operations for the post-9/11 period. Focus is on the intellectual rational for foreign assistance programs, organizational changes already undertaken in USAID over the past five years, and changes remaining to be implemented during the remainder of the Bush presidency.

This paper is aimed at analysing the role of the global institutional order in resource curse. To achieve this aim, the author discussed the complexity of resource curse and the multifaceted nature of the activities that cause resource curse. Despite the complexity of resource curse and the multifaceted nature of the activities that cause resource curse, the particular role of the global institutional order is identified, among different causal roles played by different agents, and thus attributed causal responsibility to the global institutional order. This attribution of causal responsibility is based on the implicit argument, which pervades this paper, that any actor or agent that contributes to causing resource curse is responsible on the 'level', and to the extent, the actor or agent contributes to causing resource curse.

Abstract
Regulatory impact assessment (RIA) is an appraisal tool to bring evidence to bear on regulatory decisions. A key property of RIA is that is corrects errors in reasoning by pushing regulators towards deliberative thinking to override intuitive judgments. However, the steps for regulatory analysis suggested by international organisations and governmental handbooks do not handle two sources of bias and barriers that are well documented in the literature on behavioural insights. First, bias enters the process via knowledge production during the analytical process of assessment. Second, bias affects knowledge utilisation when regulators "read" or utilise the results of RIA. We explore these two pathways by focusing on drivers of behaviour rather than lists of biases. The conclusions reflect on the limitations of current practice and its possible improvement, making suggestions for an RIA architecture that is fully informed by behavioural analysis.

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Acknowledgements -- Series Preface -- Introduction -- PART I GENERAL: KANTIAN MORALITY AND KANTIAN POLITICS -- 1 'The Law of Humanity and the Limits of State Power', The Philosophical Quarterly, 3, pp. 14-22 -- 2 'Kant's Conception of a "Metaphysic of Morals"', The Philosophical Quarterly, 10, pp. 238-51 -- 3 'The Final Form of Kant's Practical Philosophy', in Mark Timmons (ed.), Kant's Metaphysics of Morals: Interpretive Essays, Oxford: Oxford University Press, pp. 1-21 -- 4 'Why the Doctrine of Right Does not Belong in the Metaphysics of Morals: On Some Basic Distinctions in Kant's Moral Philosophy', Jahrbuch für Recht und Ethik, 5, pp. 205-27 -- 5 'Is Kant's Rechtslehre Comprehensive Liberalism?', in Mark Timmons (ed.), Kant's Metaphysics of Morals: Interpretive Essays, Oxford: Oxford University Press pp. 133-58 -- 6 'The Problematic Status of Gender-Neutral Language in the History of Philosophy: The Case of Kant', The Philosophical Forum, 25, pp. 134-50 -- PART II PRIVATE LAW: PROPERTY, CONTRACT AND STATUS -- 7 'Authority and Coercion', Philosophy and Public Affairs, 32, pp. 2-35 -- 8 'Freedom and Constraint in Kant's Metaphysical Elements of Justice', History of Political Thought, 20, pp. 250-71 -- 9 'The Permissive Law of Practical Reason in Kant's Metaphysics of Morals', Law and Philosophy, 23, pp. 45-72 -- 10 'Kant on "Why Must I Keep my Promise?"', Chicago-Kent Law Review, 81, pp. 47-74 -- 11 'Could it be Worth Thinking about Kant on Sex and Marriage?', in Louise M. Anthony and Charlotte Witt (eds), A Mind of One's Own: Feminist Essays on Reason and Objectivity, Boulder, CO: Westview, pp. 49-67 -- PART III PUBLIC LAW AND THE LIBERAL STATE -- 12 '"The Right of a State" in Immanuel Kant's Doctrine of Right', Journal of the History of Philosophy, 28, pp. 403-15