To see the other types of publications on this topic, follow the link: Compromise (law).
Journal articles on the topic 'Compromise (law)'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Compromise (law).'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Abramowicz, Michael. "A Compromise Approach to Compromise Verdicts." California Law Review 89, no. 2 (March 2001): 231. http://dx.doi.org/10.2307/3481297.
Full text
2
Claus, Laurence. "The Framers’ Compromise." American Journal of Comparative Law 67, no. 3 (September 2019): 677–84. http://dx.doi.org/10.1093/ajcl/avz022.
Full text
3
Fravel, M. Taylor. "Regime Insecurity and International Cooperation: Explaining China's Compromises in Territorial Disputes." International Security 30, no. 2 (October 2005): 46–83. http://dx.doi.org/10.1162/016228805775124534.
Full textAbstract:
Since the 1995-96 Taiwan Strait crisis, scholars and policymakers have become increasingly concerned about China's territorial ambitions. Yet China has also used peaceful means to manage conficts, settling seventeen of its twenty-three territorial disputes, often with substantial compromises. This article develops a counterintuitive argument about the effects of domestic confict on foreign policy to explain China's behavior. Contrary to the diversionary war hypothesis, this argument posits that state leaders are more likely to compromise in territorial disputes when confronting internal threats to regime security, including rebellions and legitimacy crises. Regime insecurity best explains China's pattern of compromise and delay in its territorial disputes. China's leaders have compromised when faced with internal threats to regime security, including the revolt in Tibet, the instability following the Great Leap Forward, the legitimacy crisis after the Tiananmen upheaval, and separatist violence in Xinjiang.
4
Serafine, Mary Lou. "Repudiated Compromise after Breach." Yale Law Journal 100, no. 7 (May 1991): 2229. http://dx.doi.org/10.2307/796822.
Full text
5
Carter, Stephen L., and Laurence H. Tribe. "Abortion, Absolutism, and Compromise." Yale Law Journal 100, no. 8 (June 1991): 2747. http://dx.doi.org/10.2307/796911.
Full text
6
Easterbrook, Frank H. "Plea Bargaining as Compromise." Yale Law Journal 101, no. 8 (June 1992): 1969. http://dx.doi.org/10.2307/796953.
Full text
7
COHEN-ALMAGOR, RAPHAEL. "On Compromise and Coercion." Ratio Juris 19, no. 4 (December 2006): 434–55. http://dx.doi.org/10.1111/j.1467-9337.2006.00338.x.
Full text
8
Baer, Miriam. "Too Vast to Succeed." Michigan Law Review, no. 114.6 (2016): 1109. http://dx.doi.org/10.36644/mlr.114.6.vast.
Full textAbstract:
If sunlight is, in Justice Brandeis’s words, “the best of disinfectants,” then Brandon Garrett’s latest book, Too Big to Jail: How Prosecutors Compromise with Corporations might best be conceptualized as a heroic attempt to apply judicious amounts of Lysol to the murky world of federal corporate prosecutions. “How Prosecutors Compromise with Corporations” is the book’s neutral- sounding secondary title, but even casual readers will quickly realize that Garrett means that prosecutors compromise too much with corporations, in part because they fear the collateral consequences of a corporation’s criminal indictment. Through an innovation known as the Deferred Prosecution Agreement, or DPA, prosecutors reach extrajudicial contractual agreements with corporations. Although prosecutors have long touted the transformative potential of these agreements, Garrett concludes that their benefits are often superficial and short-lived. Moreover, prosecutors negotiate these compromises with little oversight or accountability. Even worse, this overly soft approach toward entities has infected prosecutorial resolve to prosecute individual offenders, thereby enabling corporate managers to escape liability for their criminal wrongdoing. No wonder, then, that Garrett perceives a grievous accountability gap in the corporate crime landscape.
9
Malkov, S. M. "Criminal law compromise in countering drug crimes." Вестник Сибирского юридического института МВД России, no. 1 (2022): 74–80. http://dx.doi.org/10.51980/2542-1735_2022_1_74.
Full text
10
Ismail, Jerry S. "South Africa's Sunday Law: Finding a Compromise." Indiana International & Comparative Law Review 11, no. 3 (January 3, 2001): 513–86. http://dx.doi.org/10.18060/17730.
Full text
11
Ismail, Jerry S. "South Africa's Sunday Law. Finding a Compromise*." Indiana International & Comparative Law Review 12, no. 1 (January 1, 2001): 1–24. http://dx.doi.org/10.18060/17739.
Full text
12
Hutler, Brian. "Compromise and religious freedom." Law and Philosophy 39, no. 2 (November 27, 2019): 177–202. http://dx.doi.org/10.1007/s10982-019-09365-3.
Full text
13
Bobrovnyk, Svetlana. "Legal Compromise in Aspect Socialization Processes." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 58–64. http://dx.doi.org/10.33663/0869-2491-2021-32-58-64.
Full textAbstract:
The process of socialization associated with the development of the social nature of an individual or social group is gaining importance for modern society. The main direction of socialization within sociology is the person as the main element of society. However, given that the socialization of the individual is determined by the nature of society itself, its characteristics and needs, we can say that the process of socialization is inherent not only personal but also other spheres of society. Although we will not deny that the anthropologization of social relations brings to the fore the sociologization of the individual as the main element of social communication. In this regard, the study of the peculiarities of the process of socialization of social interaction, factors, conditions and differences that accompany socialization is becoming increasingly important. Since the process of socialization is associated with a system of information exchange between members of society, the need to reflect and consolidate various social interests, the importance of finding social compromise, it is fair to say that socialization encompasses socio-political communication, in which law plays an important role. The study of the legal aspect of socialization is the theoretical basis for increasing the social role of law, the effectiveness of its regulatory action and ensuring public order. In our opinion, important aspects of socialization of compromise are its characteristics as a means of communication, features of manifestation within social institutions of different levels and substantiation of ways to increase the effectiveness of social functions of legal compromise and means of socialization in law. Compromise at the categorical level can be considered within the three directions of research related to its relationship with the category of conflict. We are talking about organic-structural, conflict-radical and anthropological-communicative directions. The first direction of research reflects society and the forms of its organization as coherently functioning systems. Here the category of "compromise" dominates over the category of "conflict". The second direction of research is characterized by the fact that the category of "compromise" is considered as a special manifestation of the category of "conflict", the latter is dominant in the field of public relations. Regarding the third area of research, the problem of compromise and conflict within this concept is considered at the level of relationships between people, whether macro (state) or micro (group of people). At the same time, compromise and conflict are studied as equivalent interacting categories of public life. A legal compromise has legal consequences, as the result of the agreement of the wills of the parties is the imposition on them of obligations to exercise mutual will. Moreover, the violation of a legal compromise is the basis for the legal liability of the parties. Legal compromise, due to its mediation by legal norms, acquires the attribute of binding and enforced measures. Characteristic of the social action of law is the reflection of its existence at different levels of social interaction, ranging from the individual, social groups, society as a whole. A legal compromise is no exception. Social institutions create an objective reality for a person, that is, it is his social world, in which the appropriate social order is established. At the same time, social institutions are both subjectively and objectively a reality. In view of this, compromise in the behavior of subjects is manifested differently depending on the level of social institution. In simple social institutions (interpersonal, intragroup), the conflict and compromise of the behavior of subjects usually depends on subjective factors that are influenced by objective reality by operating in a single space of other social institutions. In turn, in social institutions of a complex level (intergroup and state, world system) compromise is necessarily "tied" to the order objectively established in such institutions. Thus, compromises always arise between two subjects and are carried out in the corresponding interaction. At the same time, compromises at the state level, in addition to the relationship between its subjects, are necessarily characterized by a constant connection with society through the functioning of legal requirements enshrined in the relevant sources of law.
14
Maisel, L. Sandy, and Ronald D. Elving. "Conflict and Compromise: How Congress Makes the Law." Political Science Quarterly 111, no. 1 (1996): 181. http://dx.doi.org/10.2307/2151948.
Full text
15
Ratner, Steven R. "Complicity and Compromise in the Law of Nations." Criminal Law and Philosophy 10, no. 3 (November 17, 2015): 559–73. http://dx.doi.org/10.1007/s11572-015-9386-x.
Full text
16
Winslade, William J. "The baby doe law the ambiguity of compromise." Möbius: A Journal for Continuing Education Professionals in Health Sciences 5, no. 4 (October 1985): 69–71. http://dx.doi.org/10.1002/chp.4760050413.
Full text
17
Kirkbride, James. "The Merger Regulation - An Acceptable Compromise?" European Business Law Review 2, Issue 3 (March 1, 1991): 55–57. http://dx.doi.org/10.54648/eulr1991019.
Full text
18
Cohen-Almagor, Raphael. "Genuine, Principled and Tactical Compromise." Studia Iuridica Lublinensia 30, no. 2 (June 30, 2021): 11. http://dx.doi.org/10.17951/sil.2021.30.2.11-31.
Full textAbstract:
<p>This essay addresses the concept of compromise. When compromise takes place between two or more parties, reciprocity must be present; that is, the concessions are mutual. Genuine compromise is based on mutual respect and on genuine concessions between the parties. First, the concept of compromise is explained. Next, a relevant distinction is made between principled and tactical compromise. A principled compromise refers to a mutual recognition by each side of the other’s rights, which leads them to make concessions to enable them to meet on a middle ground. It is genuinely made in good faith and both sides reconcile themselves to the results. To illustrate I consider the need for compromise regarding praying area for women at the Western (Wailing) Wall, considered the holiest site in Judaism. The article proceeds by considering the notion of tactical compromise that reflects temporary arrangement reached as a result of constraints related to time. Here, in fact, agents do not give up any of their aims. They do not act in good faith and do not intend to meet their counterpart on a middle ground. Instead, they simply realize that the end could not be achieved at a given point of time, and they aim to reach it stage by stage. The essential component of compromise, namely mutuality, is lacking.</p>
19
Coleman, Doriane Lambelet. "The Seattle Compromise: Multicultural Sensitivity and Americanization." Duke Law Journal 47, no. 4 (February 1998): 717. http://dx.doi.org/10.2307/1372912.
Full text
20
Park, W. D. "The Law and Practice of Compromise by David Foskett." Arbitration International 1, no. 2 (July 1, 1985): 203–4. http://dx.doi.org/10.1093/arbitration/1.2.203.
Full text
21
Syromiatnikova, M. S. "Tax Compromise and Tax Amnesty Procedures Implementation." Bulletin of Kharkiv National University of Internal Affairs 93, no. 2 (July 2, 2021): 184–93. http://dx.doi.org/10.32631/v.2021.2.15.
Full textAbstract:
The research is focused on the problems of legal regulation of certain procedures of tax compromise and tax amnesty. The scientific article`s relevance is justified because certain procedures of tax compromise and tax amnesty should contribute to the balance of legitimate interests of citizens and the state. The purpose of the study is to identify propositions for amending the current legislation of Ukraine, establishing the possibility of reaching a tax compromise or the introduction of a tax amnesty. Scientific works of Ukrainian researchers, laws, and regulations were used in the process of studying the problem.
The scientific novelty of this article is to make propositions for the development and adoption of a separate Law of Ukraine "On the Organizational and Legal Framework of Tax Amnesty", which would establish the conditions and procedure for tax amnesty in Ukraine in the future.
The procedures of the tax compromise are the submission of documents specified by law to the tax authorities, the decision on the need for an unscheduled documentary audit, approval of the amount of tax liability, and payment of funds by a taxpayer. The procedures for placing funds in special accounts in banks, submitting a declaration to the tax authorities and verifying the sources of receipt of the declared funds are applied during the tax amnesty. The final stage of the tax amnesty is the payment of the fee specified by law. A mandatory condition of the tax amnesty is the release of a taxpayer from criminal liability for tax evasion.
The results of the study can be used in lawmaking, law-enforcement practice, and the educational process.
22
Schegel, C. "Landmark in German abortion law: the German 1995 compromise compared with English law." International Journal of Law, Policy and the Family 11, no. 1 (April 1, 1997): 36. http://dx.doi.org/10.1093/lawfam/11.1.36.
Full text
23
Shifman, Pinhas. "Family Law in Israel: The Struggle Between Religious and Secular Law." Israel Law Review 24, no. 3-4 (1990): 537–52. http://dx.doi.org/10.1017/s0021223700010062.
Full textAbstract:
When our Sages searched for an analogy to a situation in which a compromise or balance had to be found between two opposing forces pulling in opposite directions, they invoked the picturesque image of the “muleteer and the camel driver”. The muleteer runs behind the animal and prods him with the stick in his hand, whereas whoever drives the camel must walk in front of him, tugging gently at the halter. A person who has been charged with driving both a mule and a camel at the same time must, therefore, walk between the two and accustom himself to a middle way of walking which will more or less suit both beasts.This analogy came to mind when I was asked to review the main trends in family law in Israel. Here we have a system afflicted with legal schizophrenia, for within it, two different juridical systems — that of religious law (or laws) and that of secular law — are struggling and pulling in opposite directions. To find a balance or compromise between these two is the major part of the task with which the legislator, and also the judge, is charged, and it is a mission which is not always successfully accomplished.
24
Buchan, Jamie, and Katrina Morrison. "Compromise, partnership, control: Community Justice Authorities in Scotland." Criminology & Criminal Justice 20, no. 2 (November 29, 2018): 226–43. http://dx.doi.org/10.1177/1748895818814903.
Full textAbstract:
Community Justice Authorities (CJAs) were heralded on their inception as modernizing Scotland’s community justice system and resolving longstanding tensions between central and local government over community justice control, by encouraging partnership working and providing oversight at a regional level. However, they were largely unsuccessful and were quietly abolished barely a decade later. Using data from two projects, we analyse the policy ‘narrative’ of CJAs in relation to features of a changing political context – particularly the (re-)establishment of Scotland’s national government, its shifting relationship with local government and policy convergence and divergence with England and Wales. CJAs’ origins in local/national compromise created constitutional flaws which constrained their operation and ultimately sealed their fate, but they nonetheless began to develop distinct identities and contributions which have been largely overlooked. The case of CJAs illustrates how evolving local and national political contexts shape the development of justice institutions.
25
Zemanek, Jiri. "Voting in the Councils: A Compromise, No Revolution." European Constitutional Law Review 1, no. 1 (October 12, 2004): 62–67. http://dx.doi.org/10.1017/s1574019605000623.
Full textAbstract:
The European Council actually, as a rule, takes decisions by consensus, as its major function is to bring a primary political impetus into the integration process through ‘conclusions’, ‘principles’, ‘guidelines’, and ‘joint strategies’ or ‘recommendations’ not having the force of a legal act. This is a customary rule; it is not stipulated in Article 4 EU. Consensus may be regarded as a ‘soft’ unanimity, reached without voting, in a silent way (no opposing statements), and allowing – within the framework of the common position – some divergences by individual Member States.
26
Manson, Robert L. "Identifying the Rough Edges of the Kampala Compromise." Criminal Law Forum 21, no. 3-4 (November 3, 2010): 417–43. http://dx.doi.org/10.1007/s10609-010-9125-x.
Full text
27
Rudenko, Olha. "Lobbying – political corruption or social compromise." Public administration and local government 45, no. 2 (July 23, 2020): 77–83. http://dx.doi.org/10.33287/102022.
Full textAbstract:
The article is devoted to the study of the relationship between the concepts of «lobbying» and «corruption». The author analyzes domestic scientific approaches to the definition of lobbying and an understanding of its role in finding a compromise between the interests of citizens, civil servants and representatives of the corporate sector. The identification of lobbying and corruption by a significant part of citizens, according to the researcher, is due to the lack of experience of civilized lobbying in Ukraine. But, the corporate sector realizes its interests through shadow lobbyism, which often borders on outright corruption. This gives rise to a latent social conflict, which has a number of negative consequences: low economic growth rates, the tendency of a significant proportion of citizens to break the rule of law, and the lack of political stability in our state.
Particular attention is paid to the study of the norms of domestic anti-corruption legislation and draft laws published by domestic researchers and politicians, that was aimed at regulating lobbying in Ukraine. It has been ascertained that in spite of the rather wide variability of approaches to developing the circle of lobbying subjects, almost all authors of draft laws determine the list of officials who cannot be subjects of lobbying under any circumstances. We are talking about representatives of the armed forces, security structures, the judiciary and the like. Moreover, given the absence of legal regulation of lobbying and the list of officials whose activities are regulated by anti-corruption legislation, the existing shadow lobbyism is appropriate to attribute to corruption.
In the process of research, the author convincingly argues that legal lobbying cannot be considered political corruption. The main difference between lobbying and corruption (in practice) is due to the ultimate goal of the process.
An analysis of the norms of anti-corruption legislation indicates that after the adoption of any of the bills proposed by the lobbyists, corruption will be considered only the format of interaction between government officials and business representatives (or other initiative groups of citizens) that was not provide by the law. According to the author, a side effect of the adoption of the law on lobbyism will be a reduction in the list of acts that can be considered corruption, and therefore – an automatic reduction in the level of corruption in Ukraine.
28
Williams, Sarah. "Public International Law." International and Comparative Law Quarterly 53, no. 1 (January 2004): 227–45. http://dx.doi.org/10.1093/iclq/53.1.227.
Full textAbstract:
In May 2003 the United Nations General Assembly approved an agreement between the United Nations and the Cambodian government (UN Agreement) providing for United Nations assistance in the establishment and operation of ‘Extraordinary Chambers’ within the domestic court structure of Cambodia.1The UN Agreement is the result of a lengthy process of negotiation between the United Nations and the Cambodian government, with the intervention of several interested states.2The final agreement reflects a compromise between the need to address impunity and the need to preserve Cambodian sovereignty.
29
Whitman, Douglas Glen. "Evolution of the Common Law and the Emergence of Compromise." Journal of Legal Studies 29, no. 2 (June 2000): 753–81. http://dx.doi.org/10.1086/468092.
Full text
30
Gamaley, Artem A., and Maria A. Musinova. "COMPROMISE PROVISIONS IN LAW: GENERAL CHARACTERISTICS AND OPPORTUNITIES FOR USE." Russian investigator 8 (July 29, 2020): 37–41. http://dx.doi.org/10.18572/1812-3783-2020-8-37-41.
Full text
31
Whayman, Derek. "The modern rule of releases." Legal Studies 41, no. 3 (April 8, 2021): 493–510. http://dx.doi.org/10.1017/lst.2021.18.
Full textAbstract:
AbstractThis paper considers the history and nature of the ‘modern rule of releases’, concerning compromises to settle or preclude litigation. The rule holds that only matters the parties had contemplated as well as what they intended to release will in fact be released, even if the compromise has been made in the most general terms. Thus the rule is engaged when the releasor executes a general release but does not appreciate the existence of some of the claims the words used purport to release. This paper shows how the rule is a confusion of different conceptual bases and lines of authority and was created by accidentally muddling them together. It argues that, despite this, it successfully straddles both bases, functions well conceptually and serves a vital role.
32
Jakab, András. "Neutralizing the Sovereignty Question Compromise Strategies in Constitutional Argumentations before European Integration and since." European Constitutional Law Review 2, no. 3 (October 2006): 375–97. http://dx.doi.org/10.1017/s1574019606003750.
Full textAbstract:
Social function of sovereignty – Taming sovereignty through compromise strategies – The sharing strategy – The creation of a new unreal bearer of sovereignty – Leaving sovereignty itself untouched but forbidding the use of it – Abolishing the concept – Redefining the concept – Challenges to the Westphalian paradigm of international legal sovereignty – National answers to the challenges put by European integration – A new compromise formula – Neutralizing the sovereignty question.
33
Parfenov, Aleksandr. "Sociologico-legal concepts of compromise." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, no. 1 (April 27, 2023): 28–35. http://dx.doi.org/10.36511/2078-5356-2023-1-28-35.
Full textAbstract:
Between modern humanities, as is known, there is a close relationship. Often the same phenomenon is simultaneously in the field of view of representatives of several fields of knowledge. In this regard, in some cases, legal scholars, before considering specific state-legal problems, it makes sense to turn to the achievements of philosophy, political science, economic theory and other sciences. The information gleaned from them can become an important part of the methodological basis for conducting serious and in-depth legal research in the future. Based on this, the author of this article made an attempt to refer to the provisions of the sociology of law, reflecting the nature of compromise as a complex social phenomenon. With their help, he tried to clarify the reasons and trace the process of its penetration into the legal sphere. The material presented in the article seems to be able to expand the ideas of modern legal scholars about the nature of legal compromise and act as a foundation for its further study.
34
Fogelson, Yury, and Dmitry Poldnikov. "The Social History of Law as a Factor of the Rule of Law." osteuropa recht 67, no. 2 (2021): 172–201. http://dx.doi.org/10.5771/0030-6444-2021-2-172.
Full textAbstract:
The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies? This question must be answered through the social history of the law in Western and non-Western societies from a comparative perspective. This paper outlines the main features of comparative socio-legal history and tests it on some significant historical examples. In the first part of the article, the authors propose a functional classification of legal systems into three ideal Weberian types-the law of judges, learned law, and the law of the authorities. It allows us to consider the origin of the social norm of the rule of law. In the second part of the article, the authors trace the transition from the ideal types to natural legal systems and identify the factors that determine the stability of the social norm of the rule of law where it originated. In the final part of the article, the authors conclude that, first, the social norm of the rule of law emerged in the societies where the law had been treated either as a means of resolving disputes (the law of judges) or as the rules of fair, correct conduct (learned law), for example, the Roman Republic, medieval England, continental Europe, and the Ottoman Empire. Secondly, the stability of the social norm of the rule of law seems to be explained by a "triangle" of factors, namely: 1) political competition where all participants understand the inevitability of compromise on the basis of the law, 2) law which is suitable for finding a compromise due to its internal merits, 3) a professional community of jurists who develop and apply law independently of the administration. Such a triangle is possible in any society where the law of judges or learned law prevails and where the majority of participants in the political process are ready to compromise based on the current law. / JEL Classification: K 10; K 11; K 12
35
Poldnikov, Dmitry, and Yuriy Fogelson. "The social history of law as a factor of the rule of law." Sravnitel noe konstitucionnoe obozrenie 30, no. 2 (2021): 59–93. http://dx.doi.org/10.21128/1812-7126-2021-2-59-93.
Full textAbstract:
The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies? This question must be answered through the social history of the law in Western and non-Western societies from a comparative perspective. This paper outlines the main features of comparative socio-legal history and tests it on some significant historical examples. In the first part of the article, the authors propose a functional classification of legal systems into three ideal Weberian types–the law of judges, learned law, and the law of the authorities. It allows us to consider the origin of the social norm of the rule of law. In the second part of the article, the authors trace the transition from the ideal types to natural legal systems and identify the factors that determine the stability of the social norm of the rule of law where it originated. In the final part of the article, the authors conclude that, first, the social norm of the rule of law emerged in the societies where the law had been treated either as a means of resolving disputes (the law of judges) or as the rules of fair, correct conduct (learned law), for example, the Roman Republic, medieval England, continental Europe, and the Ottoman Empire. Secondly, the stability of the social norm of the rule of law seems to be explained by a “triangle” of factors, namely: 1) political competition where all participants understand the inevitability of compromise on the basis of the law, 2) law which is suitable for finding a compromise due to its internal merits, 3) a professional community of jurists who develop and apply law independently of the administration. Such a triangle is possible in any society where the law of judges or learned law prevails and where the majority of participants in the political process are ready to compromise based on the current law.
36
Glick, Jeffrey. "The Centralized-Use Compromise on Recreational Drug Policy." Res Publica 20, no. 4 (June 18, 2014): 359–76. http://dx.doi.org/10.1007/s11158-014-9248-8.
Full text
37
Lowe, N. V. "The Family Law Reform Act 1987 - Useful Reform but an Unhappy Compromise?" Denning Law Journal 3, no. 1 (October 30, 2012): 77–88. http://dx.doi.org/10.5750/dlj.v3i1.173.
Full text
38
Sulyok, Márton. "Compromise(d)? – Perspectives of Rule of Law in the European Union." Central European Journal of Comparative Law 2, no. 1 (May 14, 2021): 207–27. http://dx.doi.org/10.47078/2021.1.207-227.
Full textAbstract:
This paper introduces different perspectives of rule of law in the European Union starting out of the assumption that fear and (common) economic interests continue to be the primary motivator of European integration as to the European Union. The analysis touches upon the problematic tension between national specificities of the rule of law developed organically inside state frameworks of constitutionalism, through the practice of national constitutional courts and the practice and standards of international organizations and institutions in this matter. Starting out of problems brought about by open statehood and the “dialogical” development of rule of lawin the European Union, the paper also describes the institutions, concepts and processes relevant to the enforcement of the value of rule of law in the EU.
39
Bobrovnyk, S. V. "Legal relations in the field of legal conflict and compromise: features, content and practical significance." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 2022): 54–60. http://dx.doi.org/10.33663/2524-017x-2022-13-8.
Full textAbstract:
The relevance of a comprehensive study of the phenomena of compromise and conflict relations is due to the lack of special studies of the concept, features, content and nature of these categories, the prospects for the use of compromise relations in practice to overcome conflict situations. Analyzing the various scientific approaches to understanding conflicting relationships, we can conclude that the most common are: Conflict approach, activity approach, material approach, formal (procedural) approach. Based on existing approaches to understanding conflict relationships and their features, we will try to identify the most inherent features: first, the subject is social or material values, about which there are conflict situations; secondly, encourage the mobilization of legal relations; third, accompanied by increased emotionality of participants; fourth, determined by objective and subjective preconditions; fifth, it is both bilateral and multilateral; sixth, the confrontation of values and intentions of the participants; seventh, they may be latent or overt. These features of the manifestation of conflicting legal relations are the basis for determining their legal nature. In our opinion, the characteristic features of compromise legal relations include the following: is a prerequisite for resolving conflicting legal relations; can be directed both to a specific subject and to an indefinite number of persons; a necessary condition for the emergence, change and termination of compromise legal relations is the presence of a compromise rule; a necessary condition for a compromise legal relationship is the presence of agreement between their participants; aimed at regulating, protecting and defending the rights and freedoms of participants; compromise legal relations are a legal mechanism for regulating the consent of the subjects; Legal conflict and legal compromise are manifested in various types of legal relations, in particular in their content through forms of realization of rights. At the same time, the main types of forms of realization of rights in the presence of legal conflicts are their implementation and observance. Legal conflicts, the dynamics of which is carried out within the framework of compliance with legal norms is directly related to their use. This is due to the fact that each right of one entity corresponds to the corresponding duty of another. Such legal conflicts within the framework of the above forms of law enforcement exist in all branches of law. The most common means of compromising the right to compromise conflicts that arise when participants exercise their rights and perform their duties are: making changes and additions to the law; adoption of law enforcement decisions by specially authorized entities, first of all, competent bodies in resolving conflict situations, in particular by courts; the need to take into account foreign experience in resolving anthological conflict situations, etc. – definition of measures and forms of guarantee of the reached agreement. Thus, the structural and functional elements of a legal compromise include: the existence of a conflict situation that requires resolution; goal; the initiator of the compromise agreement; determination of the criterion of the moment when further intransigence, refusal to mutually discuss ways out of the situation leads to significant personal material and moral losses; psychological and intellectual willingness to cooperate on terms of compromise; voluntary compromise decision-making; preparation for a compromise decision and determination of the essence of the compromise agreement with discussion of the content of concessions; independence of the choice of the decision-making option by the parties; concluding a compromise agreement; creating conditions for the impossibility of evading the implementation of the compromise agreement; obtaining positive consequences as the end result of a compromise in the form of a desired interest, a positive moral and psychological state. Certain elements of compromise are interconnected, have their own logic of interaction and, in fact, constitute a specific effective regulatory mechanism, born in the practice of human life. This mechanism has a structure of a linear type that corresponds to logic: from goal-setting to the fastest achievement of the goal with the least losses - psychological, material, time, and so on. Key words: legal conflict, legal compromise, legal relations, content of legal relations, conflict situation.
40
Biró, Zsófia. "Foundations of the Uncodified Historical Constitution of Hungary." Studia Iuridica 80 (September 17, 2019): 39–58. http://dx.doi.org/10.5604/01.3001.0013.4782.
Full textAbstract:
The article examines the evolution of the Hungarian Public and Constitutional Law from 1301 until the Austro-Hungarian compromise in 1867. The topic is highly relevant, because the year 2017 marked the 330th anniversary of the 1st and 2nd Act of 1687, which state that the Habsburgs are the only and true heirs of the Hungarian throne; it also marked the 150th anniversary of the Austro-Hungarian Compromise. Furthermore the current Fundamental Law says that “We honour the achievements of our historical constitution and we honour the Holy Crown, which embodies the constitutional continuity of Hungary’s statehood and the unity of the nation”. The main chain of thoughts of the article presents the crown-ideology and the Doctrine of the Holy Crown, the Rákos field resolution of 1505, the Acts 2 and 3 of 1687, the Pragmatic Sanction, Acts 10 and 12 of 1790, the public law aspects of the April Laws of 1848, and the laws on the Austro-Hungarian Compromise. The article presents the fundamental documents of the Hungarian uncodified historical Constitution issued within the given period. Through their formation and historical background we can truly understand the Hungarian customary law and the legal traditions, which are still honoured by our present Fundamental Law.
41
Воротников, Андрей Алексеевич. "LAW: INTERVENTION OR CONSENSUS." Вестник Тверского государственного университета. Серия: Право, no. 3(67) (September 30, 2021): 55–59. http://dx.doi.org/10.26456/vtpravo/2021.3.055.
Full textAbstract:
Право - самый мощный и вместе с тем, сложный из социальных регуляторов, как по механизму принятия, так и по мерам воздействия. Его вмешательство в общественную жизнь не всегда оправданно. Но в тех случаях, когда это необходимо, оно должно быть определенным компромиссом между государством и обществом. Law is the most powerful and at the same time, the most complex of social regulators, both in terms of the mechanism of adoption and in terms of measures of influence. His interference in public life is not always justified. But in cases where it is necessary, it should be a certain compromise between the state and society.
42
Vestal, Allan W. "Advancing the Search for Compromise: A Response to Professor Hynes." Law and Contemporary Problems 58, no. 2 (1995): 55. http://dx.doi.org/10.2307/1192146.
Full text
43
Feldman, Daniel L. "Principled compromise: The New York state organized crime control act." Criminal Justice Ethics 6, no. 1 (January 1987): 50–60. http://dx.doi.org/10.1080/0731129x.1987.9991808.
Full text
44
Chaisse, Julien, and Georgios Dimitropoulos. "Special Economic Zones in International Economic Law: Towards Unilateral Economic Law." Journal of International Economic Law 24, no. 2 (May 18, 2021): 229–57. http://dx.doi.org/10.1093/jiel/jgab025.
Full textAbstract:
ABSTRACT The international economic regime has entered a new phase of reassertion of sovereignty by States. While States continue to show respect for the values of international (economic) law, the institutionalization of these values has devolved from the international (to the regional) to the domestic level of governance. A new form of ‘unilateral economic law’ is thus gaining importance in the development of international and domestic laws and institutions. However, it remains largely understudied. This article discusses the development and proliferation as well as the importance of special economic zones as a new form of unilateral economic law in the overall system of international economic law. This article identifies four types of economic unilateralism: classical unilateralism, embedded unilateralism, sustainability unilateralism, and national security unilateralism. The new special economic zone unilateralism represents a middle ground between the two extremes of unilateral liberalization and aggressive unilateralism. Accordingly, special economic zone unilateralism introduces a new layer in the overall system of international economic law. First, special economic zones embody a new compromise between the State and the market. The State-controlled promotion of trade and investment taking place through special economic zones represents a complex compromise between the liberalization and protection of economic sovereignty. Second, the spatiality of trade and investment promotion through special economic zones is different from that of international economic law. The liberalization of trade and investment does not take place for the whole country but for an isolated jurisdiction within the broader national jurisdiction, while the focus is on the supply side rather than the traditional input factors of production. Overall, the new special economic zone unilateralism provides insights into the future of international economic law as envisaged by States. Special economic zones have been employed by States both as an alternative and as a complement to trade and investment promotion through the instruments of international economic law.
45
Vylegzhanin, A., D. Ivanov, and M. Milyukova. "Renewable Energy in International Law: The Russian Perspective for Developing a Common BRICS Approach." BRICS Law Journal 10, no. 2 (August 8, 2023): 5–36. http://dx.doi.org/10.21684/2412-2343-2023-10-2-5-36.
Full textAbstract:
The growing influence of renewable energy in the economy raises concerns about the need for perfecting the relevant international legal regime so as to satisfy all the stakeholders concerned. This article analyzes the relevant legal position of Russia as one of the largest exporters of energy-related products, while focusing on cooperation in this area as the BRICS Energy Prospects. The research reveals a number of findings: Russian Energy Policy has so far cautiously supported the promotion of renewable energy internationally in the context of energy efficiency and energy security; nevertheless, Russia has demonstrated a very restrained approach to the development of legally binding instruments on the matter. The authors conclude that it may be viable to find a reasonable “compromise of compromises” for the evolving international legal regime of renewable energy, and if this were to be accomplished, BRICS could assume a leading international position for the creation of such a regime.
46
Sima, Yangzi, and Siobhan O'Sullivan. "Chinese animal protection laws and the globalisation of welfare norms." International Journal of Law in Context 12, no. 1 (February 23, 2016): 1–23. http://dx.doi.org/10.1017/s1744552315000348.
Full textAbstract:
AbstractThis paper examines China's emerging animal anti-cruelty law and the extent to which it meets established animal welfare norms or not. Features that render the draft laws distinctly Chinese include the restrictive interpretation of cruelty as deliberate abuse, stringent pet control stipulations, and compromises on the consumption of dogs and cats. Meanwhile, the draft laws also reflect the Western experience. Animals are categorised according to their use; the ‘unnecessary suffering’ concept is the central philosophical tenet; and the enactment of the law will certainly result from strategic, pragmatic compromise. We conclude that 200 years of animal protection policy-making, the involvement of policy elites in drafting the Chinese laws, and the globalisation of trade, have made it difficult for China to do anything other than develop an animal protection regime broadly consistent with what exists in the West, although some unique Chinese features can also be identified in the proposed laws.
47
S., Bobrovnik. "Doctrinal analysis of legal compromise and its role in human rights." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 42–47. http://dx.doi.org/10.33663/2524-017x-2020-11-7.
Full textAbstract:
Contradictions in society, the struggle between social groups and conflicts of public interests increase the importance and relevance of social compromise, capable of ensuring the stability and orderliness of human behavior, the formation of certain levels of organization of society, ensuring the systematic social institutions. Given the significant increase in the importance of the state as a means of ensuring the coherence of social processes and law as a means of reflecting, securing, guaranteeing and restoring public interests, problems of researching legal compromise are actualized. The need for its doctrinal analysis is a legitimate requirement that arises in societies embarking on the path of building a democratic, social, rule of law. Compromise (from the Latin Compromissum) is an agreement reached on the basis of mutual concessions. For the first time, the term "compromise" was introduced into scientific research by A. Comte, who believed that without reaching a compromise in society there was no opportunity for its development, since social relations, both in statics and dynamics, need coherence for their normal implementation. Such coherence, in other words consensus, is based on the principles of interaction of different types and levels, harmony of parts and the whole, and is aimed at securing the interests of participants in public relations. Already in ancient philosophy, a foundation was laid for the study of compromise as one of the basic elements of achieving a public good and building an ideal society. Its representatives, exploring models of the ideal social order, addressed the problems of integration of society, the combination of its various elements, stability and efficiency of the functioning of the state, as well as the means of achieving social compromise. Ancient researchers have proposed a number of ideas that still have value today. It can be argued that ancient philosophers began to study the political structure of the state, its regimes of government and their means of securing public consensus, including the category of "compromise". However, they did not yet specify definitions of compromise, consensus, integration, consent, but only considered them within the general categories of “integrity” and “unity”. Representatives of the Middle Ages and the Renaissance continued to study the compromise as one of the foundations of the functioning of society, enriched the concepts of Plato and Aristotle came up with their original ideas. However, in the spirit of the ideas of ancient philosophers, they viewed compromise not as an independent category, but as an element of a means of forming a state and society - either coercion or violent compromise (N. Machiavelli), or Christian dogmas (F. Aquinas). They failed to address the issue of compromise as one of the defining principles of establishing a democratic regime in society. The ideas of modern-day Enlighteners to designate the category of "compromise" have become the methodological basis for modern-day researchers and present in the study of the problem of public consent. Modern problems of research of the category of "compromise" are based on the continuity of the theories and ideas of precursors-thinkers of different times and peoples, from the time of antiquity to the present. In its turn, the current state of the study of the category of "compromise", including as a basis for the functioning of a democratic rule of law, is characterized by ideas about the adequate definition of this category. The essence of the compromise is formed on the basis of a combination of material (value-orientation and anthropological-communicative sphere of being subjects) and procedural (procedural-mode and regulatory sphere of being subjects) components and consists in reaching public agreement by non-violent methods that reduce or impede one subject to another. Thus, a compromise is an instrument of public consent and a means of final resolution of the conflict, based on mutual concessions, which is of value and orientation and is the basis for the formation of a democratic regime in society. The role of legal compromise in ensuring human rights lies in the possibility of legally securing means that guarantee a certain level of communication in the sphere of opportunities provided by society or the state to a person. Legal compromise is one of the defining principles of the functioning of a democratic regime, the basis of the legitimation of power, which is the subject of the consolidation and guarantee of human rights. It is an effective means of redressing legal conflicts in the field of human rights; legal compromise causes legal consequences for public relations entities, including by applying coercive means to entities that do not perform their duties or violate the rights of other entities. Finally, legal compromise is a prerequisite for any legal relationship in the field of human rights. It is the achievement of a legal compromise in the field of human rights that provides an opportunity to resolve emerging conflicts and determines the level of effectiveness of the state's activities in the specified field. Keywords: law, legal compromise, human rights, society, state.
48
Krupa, Viktor. "Creativity in Communication as a Compromise." Human Affairs 2, no. 2 (December 1, 1992): 118–23. http://dx.doi.org/10.1515/humaff-1992-020204.
Full text
49
Van Leeuwen, Marianne. "Using Best Value PiPS Procurement in Europe, Need for Compromise?" Journal for the Advancement of Performance Information and Value 3, no. 1 (June 1, 2011): 56. http://dx.doi.org/10.37265/japiv.v3i1.106.
Full textAbstract:
Best Value Procurement Performance Information Procurement System (hereinafter: BVP-PIPS) is a methodology developed in the United States and is now being used by private and public contractors in the Netherlands. For public contractors in Europe, application of BVP-PIPS is not straightforward because of the constraints of the European legislation on procurement. This paper describes how BVP-PiPS can be used in a European legal context. First, some basic aspects of European procurement law are explained. Next, the original BVP-PiPS method is described in short. Subsequently the method is tested against the European legal constraints. Implications from European procurement law to all phases from the BVP-PiPS method will be described. The paper ends with conclusions on how BVP-PiPS can be used within the European legal framework.
50
McKenzie, Donna. "The EC Convention on Insolvency Proceedings." European Review of Private Law 4, Issue 3 (September 1, 1996): 181–200. http://dx.doi.org/10.54648/141073.
Full textAbstract:
After a long gestation period, an EC Bankruptcy Convention has finally been agreed and signed by all the Member States with the exception of the UK which has delayed signing for reasons unconnected with the Convention itself. The present contribution outlines the history of negotiations and the structure and main provisions of the Convention. In particular, it examines the compromise that has been struck between the principles of university and territoriality and the impact of this compromise on issues of jurisdiction, recognition and the powers of liquidators. It also explores the many choice of law problems that may arise in the course of insolvency litigation.