Abstract This paper focuses on a scientific analysis of the genesis and historical development of the good faith principle as a doctrinal interpretation of the Latvian regulations’ governing issues ...when closing a payment account against a consumer’s will. Starting from the origin of bona fides in archaic Roman law and its rediscovery by Justinian’s Corpus Juris Civilis , passing through its application in the western medieval ius commune and its continental renaissance in the early twentieth century, noting its limited place in the Code of Civil Laws of the Baltic Provinces and paying tribute to its triumph in Latvian Civil Law, this paper focuses on the evolution of attitudes towards this principle in modern legal science and case law. This comparative historical research shows that a clear definition of good faith could be found through a system-historical interpretation of the good faith rule. This should help identify the target essence of subjective rights and duties under each legal rule governing specific legal relationships. Therefore, when de-banking, in view of good faith, the target essence of a bank’s right to withdraw from an account contract is to save justice by respecting the justified consumer’s interest in retaining payment services.
AbstractThis article is presented with the aim of re-describing Aksin Wijaya's interpretation of the interfaith marriage verse. This research is driven by the assumption of a strong patriarchal ...cultural influence in the interpretation process. This is further supported by the existence of a fatwa stating that a Muslim man is allowed to marry a woman from the People of the Book, but the reverse does not apply to women. Additionally, the narrowing and expanding of meanings when interpreting the above verse are also strong reasons for prioritizing this research. The author utilizes historical linguistic analysis as the research method. In simple terms, historical analysis is used to establish the Quranic verse as a social fact, while linguistics will examine the sentence structure and diction used in the Quran. This research concludes that interfaith marriage, according to Aksin Wijaya, is a historically rooted problem, and therefore, the established rules are also dynamic, depending on the social conditions in which the verse is interpreted.
By sequencing 727 ancient individuals from the Southern Arc (Anatolia and its neighbors in Southeastern Europe and West Asia) over 10,000 years, we contextualize its Chalcolithic period and Bronze ...Age (about 5000 to 1000 BCE), when extensive gene flow entangled it with the Eurasian steppe. Two streams of migration transmitted Caucasus and Anatolian/Levantine ancestry northward, and the Yamnaya pastoralists, formed on the steppe, then spread southward into the Balkans and across the Caucasus into Armenia, where they left numerous patrilineal descendants. Anatolia was transformed by intra-West Asian gene flow, with negligible impact of the later Yamnaya migrations. This contrasts with all other regions where Indo-European languages were spoken, suggesting that the homeland of the Indo-Anatolian language family was in West Asia, with only secondary dispersals of non-Anatolian Indo-Europeans from the steppe.
Despite having key implications for fundamental political science questions, slavery as a global phenomenon has received little attention in the field. We argue that slavery played an important role ...in state-building and international order formation. To counter a historical U.S./Atlantic bias, we draw evidence mostly from the Middle East, Africa, and Asia. We identify two slave-based paths to state construction. A “slaves as the state” logic saw slave soldiers and administrators used to overcome the constraints of indirect rule in centralizing power. In a “slaves under the state” model the economy was based on slave production, itself underpinned by institutionalized state coercion. Norms often prohibited enslavement within communities, thus externalizing demand. This led to militarized slaving, and fostered increasingly long-distance trade in slaves. The combination of these normative, military, and commercial factors formed international slaving orders.
The first codified Hungarian Penal Code was Article V of 1878, which was called the Csemegi Code after State Secretary Károly Csemegi. Article V of 1878, the general part of the Hungarian Penal Code ...on crimes and misdemeanours, remained in force until 1951 and the special part until 1962. It is well known that the Code left very deep traces in Hungarian criminal law thinking. However, its influence is still alive and can be of decisive importance for the understanding of certain legal institutions even today. The law interpretation governing specific cases is carried out by the investigating authorities, the prosecutor’s office, and the court. In addition, legal interpretation in jurisprudence is also present, primarily in scientific literature. The two types of legal interpretation interact with each other, as legal practitioners are also expected to be scientifically grounded, but legal literature cannot be independent from the guidelines of legal practice either. Scientific and legal interpretation can be grammatical, logical, historical, or systematic. Codex Csemegi can obviously appear in the field of historical interpretation.
This article shows that the spirit of Islamic inheritance law is justice focusing on the sociological and gender roles of a man and woman in the accumulation of property on their gender role. The ...difference in the portion of legacy is not determined by sex. Shahrur’s gender responsive-reading of inheritance law text cannot be separated from its historical root and is always discussed with the current social context. Legacy distribution is based on female heirs’ position, while men’s portion adapts to the existence of female heirs, besides the kinship factor. Shahrur’s idea with the theory of hudud is offered to be an alternative model of Indonesian inheritance law reform.
People are routinely involved in remembering the national past and imagining the national future, especially when making political decisions. These processes, however, have not been explored ...extensively. The present research aims to address this lacuna. In 2 experiments (N = 203), participants were asked to remember and imagine events that involve the United States. Later, they rated these events in terms of phenomenal characteristics, valence, and perceived agency (circumstance, self, other-people, nation). Their responses were also coded for specificity and content. Past and future responses correlated for specificity, phenomenology, valence, and the four domains of perceived agency. Despite this strong correspondence between past and future thinking, there were also differences. Future responses were less specific and more positive than past responses. Moreover, people thought that they themselves and their nation will have more control over their nation's future compared with the control they attributed to themselves and their nation over its past. The bias to be more optimistic about the nation's future was partly explained by this tendency to see the nation as more agentic in the future. Taken together, these results reveal striking similarities and divergences between autobiographical and collective mental time travel. The present research provides an exploration for the newly emerging field of collective mental time travel.
This is an analysis of fifty questionnaires given to first-year students of the Department of Primary Education of the University of Ioannina, on the subject of the ’Secret School’ (Krypho Scholeio), ...and focuses on issues of epistemology and historical culture (Grever & Adriaansen, 2017; Stathis, 2004). The research is supported by previous empirical research regarding the evaluation of conflicting historical narratives by pupils and students (Afandi & Baildon, 2015; Chapman, 2016). The findings favor the actual existence of the ’secret’ school while students/participants, when asked how they interpret the existence of different views on this issue, referred more to the existence of “bias” in relation to the past, and to a lesser extent, to different “perspectives”, representing different groups and interests, either in the past or the present.
From Socrates onwards, the Greek cultural life began to take shape, and the whole nature of philosophical and scientific thought also began to change. From the natural sciences, interest shifted ...towards man and his societal role. Starting with the Sophists, a critical look at the surviving myths became pivotal at the time. Even if humans are still unable to get answers to all the riddles of nature, for which, among other things, mythology offers supernatural explanations, we (as human beings) do realize that we are only human. And humans need to learn to live together in different forms of social life. The Sophists were interested in man and his place in society. Socrates used conversations and tried to help his interlocutors generate valid reasoning and knowledge. According to him, proper knowledge must arise inside the individual, which is today's constructivist approach; no one can instill knowledge in the individual from the outside. Only knowledge that comes from within is true understanding. Socrates also wanted to find a solid basis for human knowledge. He believed he had found it in human reason.
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