The legal vulgate holds generality as constitutive of the rule. This widely repeated and sometimes criticized definition refers to the formal properties of the rule and not to the rule as it is ...formulated, read and applied in the concreteness of its practices. The article intends to operate this “re-specification” of the question of the rule, starting from its conceptual constituents, to grasp the relation of reference and use that those who invoke it can have in context. The general and the particular are therefore transformed into categories of practical reasoning, that is, into the achievements of those who resort to the rule in the course of their public, political or judicial actions. In order to deal with the relation of the particular to the general in the practice of law, the article will, first of all, deal with the conception of the rule and its general and abstract character in the doctrine and theory of law. It will then take up the issue from the perspective of practitioners and users of the law. Finally, it will study the so-called “burkini” case to examine how the issue is deployed, in a contingent manner, on a three-tiered level: that of “opinion”, that of the administrative authority, and that of the authority that judges.
Este trabajo analiza la lenta y larga evolución de la Gaceta de Madrid. Para su redacción, además de la bibliografía citada, se ha consultado la base de datos Gazeta, de la Agencia Estatal Boletín ...Oficial del Estado, que contiene la colección histórica de dicha publicación. En las transcripciones de los textos se ha respetado la ortografía de la fuente original.El 2 de abril de 1697, apareció, por primera vez, la cabecera Gaceta de Madrid. Al igual que sus contemporáneas europeas, la gaceta española surgía al amparo del poder real, mediante la concesión del privilegio real de impresión, actuando como mero noticiero de los acontecimientos reales y políticos, al servicio de los intereses de la Corona. A lo largo del siglo XVIII, las gacetas modificaron sus estructuras y contenidos, su impresión dejó de estar en manos privadas para pasar a ser propiedad del Estado, convertirse en órgano oficial del gobierno y empezar a publicar las disposiciones que emanaban del Rey y las Cortes; si bien dicha publicación no era condición, en ningún caso, para la validez y eficacia de las normas. El cambio significativo tuvo lugar durante el siglo XIX, fue entonces cuando la Gaceta de Madrid se definió por primera vez como boletín oficial nacional, y cuando la publicación de las normas fue condición necesaria para su obligatoriedad.
Although in jurisprudential works, the creation of bank money has been examined from the point of view of titles such as the return of wealth to falsehood, etc., but considering the large volume of ...money creation of private banks in new economies and its wide-ranging effects on the category of justice, the jurisprudential evaluation of creation of the money of private banks is necessary from the point of view of justice and oppression. The main question is, by what means, the creation of private banks' money is considered oppression, and is the oppression of these funds acceptable from a jurisprudential point of view? The current research, which was carried out with the descriptive-analytical method and the collection of library data, shows that according to the balance sheet analysis, the creation of money of private banks is subject to the rule of sanctity of cruelty in two ways: 1. Generating huge income. Private banks from the place of royalties resulting from money creation with the support of the central bank, 2. Gross losses in the purchasing power of money holders in the assumption of extensive money creation by private banks. Finally, according to these results, the proposal to remove the power of money creation from private banks was proposed.
The significant point regarding the proof of non-sexual hudud (pandering, qadhf, wine drinking, theft, muharebeh, insulting the prophet Muhammad, magic, and irtidad) is whether two confessions are ...required or merely one confession is sufficient? Is there a general rule regarding the above hudud, or the rules vary from one hadd to another? This argument can be presented in two aspects: general evidence for all the hudud, and particular evidence for each one of the hudud. In general evidence, apart from Al-dar’ (the prevention rule), there is no valid reason that necessitates two confessions or suffices one confession. Al-dar’ can also be useful in case of doubt and if there is no evidence to remove doubts. The particular evidence is also not valid for the above cases, yet there are some traditions with respect to theft that if their reputation can make up for their lack of validity, then two confessions are required. Thus, it is possible to resort to priority analogy in those hudud that are severe than theft, but if the above reasoning is not accepted, it is not possible to act accordingly. Finally, most fuqahā's fatwas imply that there must be two confessions and one confession cannot be sufficient in removing the doubts and Al-dar’ rule necessitates two confessions in all the mentioned hudud.
The text analyzes the possibility of filing a motion to set aside judgment in cases where the decision violates a legal rule as construed by judicial precedent, specifically of Superior Courts, in ...the light of a concrete case in which the controversial subject of the standing of civil associations in class actions is discussed as a matter of substance.
This research aims to define an integrated strategy for modelling legal norms in the criminal domain for supporting the legal reasoning. For this purpose, OWL-DL criminal domain ontology is captured ...from legal texts, using a middle-out approach, and legal rules are then formalized based on the ontology. The goal is to construct a legal rule-based decision support system for the Lebanese criminal domain, grounded on the integration of the criminal domain ontology and set of logic rules which are defined using the expressive ability of SWRL rule language.
This study evaluates the importance of contracting institutions as a source of comparative advantage across Chinese provinces. We find that industries differ in their reliance on ...relationship-specific investments. Provinces with better contracting institutions specialize in industries with more intensive relationship-specific investments. We implement two proxies to measure contracting institutions, including efficiency of the legal system and service of contract enforcement. The empirical results of this study indicate that contracting institutions play a role in shaping the patterns of industrial specialization. Specifically, the service of contract enforcement has the first-order effect on the patterns of industrial specialization in China; by contrast, legal jurisdiction plays a modest role.
•This study evaluates the importance of contracting institutions as a source of comparative advantage in China.•Contract-intensive industries agglomerate in provinces with better contracting institutions.•Contract service plays a considerably more important role in explaining industrial specialization than the formal legal system.
Recognition of the relationship between law and ethics is one of the most complex issues in philosophy of law. The history of legal theories in the West is a good evidence of this claim, in such a ...way that theories of natural law, positivism, historical theory of law, critical studies of law, each have a certain position in relation to the separation, unification or interaction of legal rules and moral norms. The purpose of this article is to explain the ultimate relationship between moral and law, which has been done by a descriptive-analytic method, and also a comparative study of legal philosophy. Law and ethics provide normative systems, in respect to the human behavior, interacting with each other. Legal rules are, on the basis of practical logic, provided to meet human needs and interests, and since ethics are part of the human needs and interests, it can be the ultimate goal of a legal principle or source of its validity. It does mean that imperatively all ethical rules and norms be converted into legal rules, but ethical ends must be considered in the validity of legal rules.
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