Suchergebnisse

Introduction -- Legislative interference in the pending case scenario : the foundation of principle and the Australian position -- Legislative interference with judicial functions : the jurisprudence of the United States, evaluation of principle, and towards resolution -- The separation of powers and final judgments : defining the principle limiting legislative revision of final judgments -- Qualifications to the inviolability of final judgments and final summation -- Protections afforded decisional independence in jurisdictions without an entrenched separation of powers

The Florence Integration Through Law series is the product of a projected centred in the Law department of the European University Institute under the general editorship of Mauro Cappelletti, Monica Seccombe and Joseph Weiler. ; Digitised version produced by the EUI Library and made available online in Open Access in 2021 for research or private study purposes

Summary. The aim of the research. The article focuses on the analysis of the judiciary practice against the church and faith during the period of Ukrainian Hetman state (Viisko Zaporizke). The judiciary practice is preserved in the court books, the Lithuanian metrics and the archival materials, in order to find out the features of the time trial, in particular, and the church law in general. The research methodology. Having applied the necessary methodological means, namely: dialectical, axiological, historical and philosophical, systemic, functional methods; formal-legal, systemic-structural, genetic, historical functional, comparative legal and historical legal methods, there has been investigated and generalized the experience of reviewing the cases on the crimes against the church and the faith under the conditions of the formation of the Ukrainian national state, founded by Hetman B. Khmelnytskyi. The scientific novelty consists in elucidating the peculiarities of considering the cases against the faith and the church in Ukrainian Hetman state, establishing mitigating circumstances that contributed to the reduction of punishment or the release. Conclusions. In the article it has been confirmed that after the end of the National Liberation War of the Ukrainian people in the second half of the XVIIth century the competence of the church courts was not defined at the legislative level. In fact, the church courts considered only their own internal church affairs, and the crimes against the faith and the church belonged to the general jurisdiction of secular Cossack or magistrate courts. It has been traced the reception of the legal traditions that existed during the Rus era and remained their validity under the conditions of Ukrainian Hetman state existence. Because in the second half of the XVIIth century in Ukraine there continued to be used water testing as the form of evidence, genetically inherited from the legal system of the Rus state. Consequently, the continuity of Ukrainian law has been proved. It has been confirmed that the legal responsibility that followed the crimes committed against the church and faith had its peculiarity in connection with the need to reconcile the final court sentence with the requirements of the injured party. There have been revealed the cases of mitigation and abolition of the sanctions in case of the absence of the categorical claims and demands of the victim and the correspondent petitions from the representatives of the clergy and the community. It has been revealed that the crime cases against religion, family and morals could be considered by any court, regardless of their hierarchy in the vertical of this branch of government, despite a number of the judicial institutions that functioned in Ukraine.

Summary. The aim of the research. The article focuses on the analysis of the judiciary practice against the church and faith during the period of Ukrainian Hetman state (Viisko Zaporizke). The judiciary practice is preserved in the court books, the Lithuanian metrics and the archival materials, in order to find out the features of the time trial, in particular, and the church law in general. The research methodology. Having applied the necessary methodological means, namely: dialectical, axiological, historical and philosophical, systemic, functional methods; formal-legal, systemic-structural, genetic, historical functional, comparative legal and historical legal methods, there has been investigated and generalized the experience of reviewing the cases on the crimes against the church and the faith under the conditions of the formation of the Ukrainian national state, founded by Hetman B. Khmelnytskyi. The scientific novelty consists in elucidating the peculiarities of considering the cases against the faith and the church in Ukrainian Hetman state, establishing mitigating circumstances that contributed to the reduction of punishment or the release. Conclusions. In the article it has been confirmed that after the end of the National Liberation War of the Ukrainian people in the second half of the XVIIth century the competence of the church courts was not defined at the legislative level. In fact, the church courts considered only their own internal church affairs, and the crimes against the faith and the church belonged to the general jurisdiction of secular Cossack or magistrate courts. It has been traced the reception of the legal traditions that existed during the Rus era and remained their validity under the conditions of Ukrainian Hetman state existence. Because in the second half of the XVIIth century in Ukraine there continued to be used water testing as the form of evidence, genetically inherited from the legal system of the Rus state. Consequently, the continuity of Ukrainian law has been proved. It has been confirmed that the legal responsibility that followed the crimes committed against the church and faith had its peculiarity in connection with the need to reconcile the final court sentence with the requirements of the injured party. There have been revealed the cases of mitigation and abolition of the sanctions in case of the absence of the categorical claims and demands of the victim and the correspondent petitions from the representatives of the clergy and the community. It has been revealed that the crime cases against religion, family and morals could be considered by any court, regardless of their hierarchy in the vertical of this branch of government, despite a number of the judicial institutions that functioned in Ukraine.

Summary. The aim of the research. The article focuses on the analysis of the judiciary practice against the church and faith during the period of Ukrainian Hetman state (Viisko Zaporizke). The judiciary practice is preserved in the court books, the Lithuanian metrics and the archival materials, in order to find out the features of the time trial, in particular, and the church law in general. The research methodology. Having applied the necessary methodological means, namely: dialectical, axiological, historical and philosophical, systemic, functional methods; formal-legal, systemic-structural, genetic, historical functional, comparative legal and historical legal methods, there has been investigated and generalized the experience of reviewing the cases on the crimes against the church and the faith under the conditions of the formation of the Ukrainian national state, founded by Hetman B. Khmelnytskyi. The scientific novelty consists in elucidating the peculiarities of considering the cases against the faith and the church in Ukrainian Hetman state, establishing mitigating circumstances that contributed to the reduction of punishment or the release. Conclusions. In the article it has been confirmed that after the end of the National Liberation War of the Ukrainian people in the second half of the XVIIth century the competence of the church courts was not defined at the legislative level. In fact, the church courts considered only their own internal church affairs, and the crimes against the faith and the church belonged to the general jurisdiction of secular Cossack or magistrate courts. It has been traced the reception of the legal traditions that existed during the Rus era and remained their validity under the conditions of Ukrainian Hetman state existence. Because in the second half of the XVIIth century in Ukraine there continued to be used water testing as the form of evidence, genetically inherited from the legal system of the Rus state. Consequently, the continuity of Ukrainian law has been proved. It has been confirmed that the legal responsibility that followed the crimes committed against the church and faith had its peculiarity in connection with the need to reconcile the final court sentence with the requirements of the injured party. There have been revealed the cases of mitigation and abolition of the sanctions in case of the absence of the categorical claims and demands of the victim and the correspondent petitions from the representatives of the clergy and the community. It has been revealed that the crime cases against religion, family and morals could be considered by any court, regardless of their hierarchy in the vertical of this branch of government, despite a number of the judicial institutions that functioned in Ukraine.

A Short Note on Methodology -- A Brief Biographical Sketch of Jerome Frank -- One — Foundations of american legal realism -- Holmes' Legal Positivism: The Forerunner of Legal Realism -- Roscoe Pound's Sociological Jurisprudence -- Institutional and Anthropological Approaches to Law -- Legal Realism and the Psychological Approach to Law -- Jerome Frank's Contribution -- Two — The crusade against the "myth" of legal certainty -- Why Do Men Crave Legal Certainty ? -- Legal Certainty: Frank's "Wasteland" of Modern Law -- The Road to Liberation -- The Consequences of Frank's Attack -- Three — Psychology as the new weapon of attack -- Frank's War of Liberation -- The Use of Psychological Materials: Jurisprudence as Therapy -- The Future of Psychological Tools in the Study of Law -- Four — The role of the judge in the judicial process -- What Courts Do In Fact -- The Anatomy of Court-House Government -- The Judicial "Hunch": The Contrapuntal Strains of Frank's Analysis of the Judicial Process -- The Upper-Court Myth and Its Effects: Rule-Skepticism and Fact-Skepticism -- Metaphysical Questions -- Five — Trial by jury and the problem of legal education -- Major Defects of the Jury System -- Suggested Reform of the Jury System -- The Conviction of Innocent Men -- Jury Verdicts and the Problem of Cadi-Justice -- The Relation of Legal Education to the Judicial Process -- How to Improve Legal Education -- Fusing Law and the Social Sciences: The Inter-Disciplinary Approach -- Six — Frank's contributions to the philosophy of American legal realism -- Legal "Axioms" and Frank's Suggested Remedies -- Criticism and Counter-Criticism of Jerome Frank's Philosophy of Law and of Legal Realism in General -- The Troublesome Problem of "Fact" and "Value" -- Some Selected Opinions of Judge Jerome Frank -- A Bibliography of the Writings of Jerome N. Frank -- General Works Used in This Study.

Islamic law in the legal system in Indonesia is one of the positive laws that apply in Indonesia. Islamic law is adhered to and obeyed by Muslims who are the largest population in Indonesia.In practice, Islamic law is one part of the applicable law in Indonesia, which has a very important and decisive role in regulating the life of the Indonesian nation.The state-society built by the Prophet SAW has provided some background and initial models of instruments and institutions that are important pillars of the existence of a state-society.So if from the perspective of modern constitutional science, there are three institutions of state power known as triaspolitica, namely the power of the legislative, executive and judiciary institutions, it turns out that Rasulullah SAW has practiced these three forms of institutions. Corruption is an extraordinary crime, has a systemic and widespread impact and has been placed as a violation of the economic and social rights of the people. It is not uncommon for perpetrators of criminal acts of corruption to run away during the trial process of corruption cases. If you look at it from the aspect of benefiting the Indonesian people as direct victims of the criminal act of corruption. Therefore, the trial process must continue even if the defendant runs away or is not present / in absentia. Keywords: Analysis, Corruption Crime, Defendant In Absentia, Islamic Law