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Academic literature on the topic 'Juridic Standards'

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Published: 4 May 2024

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Journal articles on the topic "Juridic Standards"

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Rizka, Rizka, and Ilham Rafii. "Juridic Overview Agreement Changes On Sharia Bank Merger." Daengku: Journal of Humanities and Social Sciences Innovation 2, no. 5 (October 13, 2022): 673–80. http://dx.doi.org/10.35877/454ri.daengku1217.

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The purpose of this study is to find out the terms of the customer agreement with Bank Rakyat Syariah, National Bank of Indonesia Syariah and Bank Mandiri Syariah and find out the resolution of the problem of changing customer agreements with Islamic Banks that have merged. This study uses a normative approach. The side effect of the review shows that Islamic banks will become banks that work according to Sharia Standards, particularly the main rules of the Qur'an and Hadith. Several changes related to customers with BSI are the transformation of Heritage Cards, namely the replacement of check cards that actually bear the heritage bank logo (Mandiri Syariah, BRI Syariah and BNI Syariah) into charge cards with the BSI logo to match the heritage bank. latest marking after consolidation. Sharia banking operations are based on the principles of fairness, partnership, transparency, and universality. Settlement of changes to customer agreements with Islamic banks that have merged that new trust funds and legal responsibilities have been established under the Law on the Protection of Religious Freedom (Law Number 3 of 2006, Law on Religious Courts). As stated in Article 49 letter I of the 2012 Religious Broadcasting Law, this authority was expanded.
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Noguera Peña, Alfonso, and Carlos del Castillo Rodríguez. "Pharmaceutical Law and Pharmaceutical Legislation in Spain and in the European Union: Concept, Evolution and Sources." Anales de la Real Academia Nacional de Farmacia 87, no. 87(03) (2021): 275–322. http://dx.doi.org/10.53519/analesranf.2021.87.03.06.

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Medicines and the professional activity of the pharmacists are the subject of study of Pharmaceutical Law and Pharmaceutical Legislation. In this paper, on the one hand, the definition of these disciplines is examined, as well as their field of study, evolution and sources. On the other hand, the development of Pharmaceutical Legislation in the European Union is analysed in three clearly differentiated periods and related to different juridic enactments of generations of norms that affect medicines. Special attention has been paid to the so–called third generation standards, as the regulatory developments at European Union level and national level have been depened in the last three decades. Finally, those areas of the pharmaceutical sector that could have a regulatory development in the coming years are detailed.
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Sipayung, Dasdo Vangi Doan, and Lego Karjoko, S.H., M.H. "Legal Certainty Aspect of Rural Land Consolidation in Kepuharjo Village." International Journal of Multicultural and Multireligious Understanding 5, no. 3 (June 29, 2018): 254. http://dx.doi.org/10.18415/ijmmu.v5i3.366.

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This study is aimed to analyze legal certainty aspect of rural land consolidation in Kepuharjo village. Method of this study uses juridic empirical approach with descriptive analysis, data collection uses interview and compared with prevailing regulations.Results of this consolidation study in Kepuharjo village, District of Cangkringan, Regency of Sleman will be implemented in effort to improve ecobiological environment development in rural areas. Land consolidation is not only able to improve agricultural productivity, it is also able to improve standards of life of rural families. Output of land consolidation will be land ownership certificate, with object legal power, right on land legal power and subject legal power. Legal power in this consolidation is also constructed on land orderliness, specifically in land administration which in turn it will facilitates varied land-based activities and also land conflict resolution. Problems observed is the less attention on spatial order requirements by which recommend any developmental activities which must be based on General Plan of Spatial Order (RUTR) with varied derivatives legalized in local Regional Regulation.
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Di Bello, Marcello. "Plausibility and probability in juridical proof." International Journal of Evidence & Proof 23, no. 1-2 (January 16, 2019): 161–67. http://dx.doi.org/10.1177/1365712718815355.

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This note discusses three issues that Allen and Pardo believe to be especially problematic for a probabilistic interpretation of standards of proof: (1) the subjectivity of probability assignments; (2) the conjunction paradox; and (3) the non-comparative nature of probabilistic standards. I offer a reading of probabilistic standards that avoids these criticisms.
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Liubashenko, V. I. "MODERN CONTENT OF FAIR AND EQITABLE TREATMENT STANDARD IN INTERNATIONAL INVESTMENT LAW." Juridica, no. 2 (2020): 30–35. http://dx.doi.org/10.32843/juridica/2020.2.6.

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Bzova, Laura. "STANDARDE UE ȘI JURISPRUDENȚĂ ÎN STUDIUL STATULUI DE DREPT ȘI AL DREPTURILOR OMULUI." Galician Studies Law Sciences, no. 4 (December 14, 2023): 106–10. http://dx.doi.org/10.32782/galician_studies/law-2023-4-15.

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Drepturile omului sunt drepturi fundamentale și, prin urmare, inalienabile, adică acele drepturi a căror încălcare ar duce la un atac la esența însăși a umanității. Din acest motiv, este important ca toată lumea să fie conștientă și să cunoască drepturile omului, conținutul lor și formele de protecție prevăzute pentru acestea, deoarece fiecare ar trebui să se poată bucura de drepturile sale fundamentale cu unicul scop de a trăi în pace, fără deosebire. Drepturile omului, democrația și statul de drept creează un mediu în care țările pot promova dezvoltarea, pot proteja oamenii împotriva discriminării și pot asigura accesul egal la justiție pentru toți. Nenumărate exemple de decizii judecătorești cu privire la chestiuni legate de drepturile omului, a căror natură însăși necesită percepția unei mai mari precauții și reflecție asupra vieților în joc, le avem pe agenda zilnică a curților supreme din întreaga lume. Subiectele abordate sunt de natură diversă, iar expertiza juridică ar trebui să se concentreze întotdeauna pe promovarea celor mai înalte principii ale valorii umane, nu numai în ceea ce privește protejarea drepturilor fundamentale ale acestora de a supraviețui cu demnitate, ci și în favoarea coexistenței lor pașnice. Domeniul divers, înfloritor și în prezent universal recunoscut al drepturilor omului oferă numeroase puncte de reflecție și necesită eforturi constante din partea avocaților, a cercetătorilor și a activiștilor, având în vedere provocările încă deschise care privesc statele ca principalii actori în protejarea și, în același timp, încălcarea drepturilor omului. De fapt, există numeroase instituții internaționale care promovează și protejează drepturile fundamentale. Cu toate acestea, până în prezent, documentele obligatorii din punct de vedere juridic pentru state există doar la nivel regional, care sunt apoi revizuite și/sau sancționate de către instanțe în caz de încălcare. În domeniul drepturilor omului, o astfel de complementaritate este deosebit de eficientă în promovarea justiției internaționale și a cooperării pe mai multe niveluri, reflectând natura universală a drepturilor omului. Organisme internaționale cvasi-judiciare care completează curțile și tribunalele, deși nu produc decizii obligatorii din punct de vedere juridic.
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Oktaria, Dhina Setyo, Xie Guilin, Deng Jiao, and Yuanyuan Wang. "Juridical Review of Minimum Service Standards at Manggarai Station." Rechtsnormen Journal of Law 1, no. 2 (July 25, 2023): 85–94. http://dx.doi.org/10.55849/rjl.v1i2.375.

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Background. Manggarai Station is a large type A train station which is the busiest station. Manggarai Station is under construction and is divided into several stages. As a result of the change in the transit route, it causes passenger discomfort, which is poured on social media. Purpose. This study aims to evaluate the station's performance on changes in the transit route for train travel via the Manggarai station for passengers by the provisions of the applicable regulations. Method. The method used in this research is an empirical legal research study, which is a type of research study that seeks data directly from the field or looks at law in a real sense and studies how the law works in society.33 of 2011 Types, Classes, and Activities at Railway Stations and PM No 63 of 2019 concerning Minimum Service Standards for the Transport of People by Train. Results. The results obtained based on previous research with Importance Performance Analysis still show passenger dissatisfaction, and according to laws and regulations, the public as users of transportation services have the right to submit input related to rail transportation so that PT KCI can provide minimum service standards at stations consisting of security and safety, accurate information, ticket sales services, good condition of station facilities, accessibility, assistance and complaint services. Conclusion. In Ministerial Regulation No. 63 of 2019 concerning Minimum Service Standards for the Transport of People by Train, PT KCI is responsible for KRL passengers at the Manggarai train station and while traveling on the train. This research only discusses the responsibility of PT KCI in providing minimum service standards at manggarai station.
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Watson, Alan. "The End of Roman Juristic Writing." Israel Law Review 29, no. 1-2 (1995): 228–32. http://dx.doi.org/10.1017/s0021223700014643.

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I first met Reuven Yaron in 1958, and we immediately became fast friends. The friendship with him and Shoshana has deepened over the years, and will continue. He and I have frequently read one another's draft papers. I thank him for many years of intellectual and emotional support, and hope he will take pleasure in this offering that he has had no possibility of criticising in advance.The traditional date for the end of classical Roman law is 235 when the emperor Alexander Severus was murdered, or slightly later with the death of Modestinus, the last of the great known jurists. Thereafter, few original juristic books were written, and it is widely but not universally believed that a decline in legal standards began almost at once.For many scholars there seems to exist a connection, sometimes simply implicit, between the failure of jurists to write new books, and a decline in legal standards. I should like to suggest there was a different reason for jurists ceasing to write new law books. They had already written them all! The claim that for the period, say fifty years, after around 235, all the law books had already been written seems extreme, but is easy to substantiate.
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Ansari Mahyari, Alireza, and Leila Raisi. "INTERNATIONAL STANDARDS OF INVESTMENT IN INTERNATIONAL ARBITRATION PROCEDURE AND INVESTMENT TREATIES." Jurídicas 15, no. 2 (July 1, 2018): 11–35. http://dx.doi.org/10.17151/jurid.2018.15.2.2.

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Mustofa, A., A. Solihin, C. Desyana, and B. T. Hardianto. "Study of law on Indonesian migrant fishers’ protection in foreign fishing vessels." IOP Conference Series: Earth and Environmental Science 967, no. 1 (January 1, 2022): 012013. http://dx.doi.org/10.1088/1755-1315/967/1/012013.

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Abstract The protection of crew members on foreign fishing vessels is a common concern, both in the world and in Indonesia. This is due to the many cases of violations of Indonesian crew members on foreign fishing vessels. The purpose of this study is to analyze the regulation of crew protection on foreign fishing vessels based on international law and Indonesian laws and regulations, as well as their implementation. This research is descriptive by using normative juridical methods on international law and national law, and comparative juridical which compares international law and national law, as well as empirical juridical on the implementation of human rights protection in Indonesia. The results of this study indicate that international law protects crew members related to certification standards and training standards, ship construction standards, and decent working conditions standards. Meanwhile, Indonesian national law is in accordance with international law, except for the absence of standard ship construction standards. The implementation of human rights protection found that there were violations of human rights related to salaries that were not in accordance with the contract and working hours that exceeded the limit.
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Dissertations / Theses on the topic "Juridic Standards"

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Ishac, Wadiaa. "Mettre fin à la vie Entre Europe & USA. : étude juridico - éthique, Europe & Etats-Unis." Electronic Thesis or Diss., Université Paris sciences et lettres, 2022. http://www.theses.fr/2022UPSLP011.

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Notre étude sur la fin de vie a suivi quatre phases distinctes: une analyse des législations relatives à la fin de vie en Europe et aux États-Unis, une étude des affaires européennes et américaines pertinentes, une exploration des normes chrétiennes concernant la souffrance et le suicide, et une analyse des normes morales laïques portant sur ces sujets. Nous avons par la suite constaté que même les lois les plus progressistes actuellement en vigueur concernant le droit de choisir sa fin de vie présentent des lacunes, surtout en ce qui concerne l'évaluation des souffrances mentales. Cependant, elles ont le mérite de reconnaître les douleurs physiques insupportables des personnes en fin de vie, sans espoir de guérison. En fait, cette reconnaissance a été catalysée par les décisions des tribunaux qui ont traité différents cas. En conséquence, il apparaît que privilégier une approche au cas par cas en ce qui concerne la fin de vie est plus approprié. Cette approche permet une prise en compte plus attentive des circonstances individuelles ainsi que des convictions existentielles spécifiques à chaque individu
Our study on end-of-life issues followed four distinct phases: an analysis of end-of-life legislations in Europe and the United States, a study of relevant European and American cases, an exploration of Christian standards regarding suffering and suicide, and an analysis of secular moral standards concerning these subjects. Subsequently, we found that even the most progressive laws currently in force regarding the right to choose one's end of life have shortcomings, especially concerning the assessment of mental suffering. However, they have the merit of recognizing the unbearable physical pain of individuals at the end of life, without hope of recovery. In fact, this recognition has been catalyzed by court decisions addressing various cases. Consequently, it appears that favoring a case-by-case approach regarding end-of-life issues is more appropriate. This approach allows for a more careful consideration of individual circumstances as well as specific existential beliefs of each individual
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Neuman, Linus. "God försäkringsstandard : En rättslig standard på försäkringsrörelserättens område." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-89561.

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Lantz, Antonia. "The EU-US privacy shield : an insufficient level of data protection under EU fundamental rights standards." Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-140685.

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Edvall, Mattias. "Innovationens grindväktare – Tillämpningen av art. 102 FEUF på nödvändiga patent, och dess förenlighet med patenträttens syften." Thesis, Umeå universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-180946.

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Edwall, Caroline. "The Legalisation of International Labour Standards in Trade Agreements : A Case Study of the Labour Provisions in the EU–Vietnam Free Trade Agreement." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-418536.

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International Labour Standards (ILS) has a prominent place in the current debate of globalisation. There has been an increased usage of ILS in different contexts, as references in domestic courts and international courts, as provisions in companies’ code of conducts and as provisions in trade agreements. The purpose of this thesis was to examine the usage of ILS as provisions in trade agreements and whether ILS provisions in trade agreements can lead to increased legal enforceability. The EU–Vietnam Free Trade Agreement was brought up to illustrate how ILS can be used as provisions in a trade agreement. The thesis was conducted by focusing on four different areas, firstly the legal enforcement of ILS within the ILO framework, the ILO Declaration and through International Public Law. Secondly, by examining the linkage between the ILS and trade and the EU’s trade strategy. Thirdly by studying the EU–Vietnam Free Trade Agreement by using three dimensions, obligation, precision and delegation. Lastly, by a discussion of the legal enforcement of ILS through trade agreements. In short, the conclusions of this thesis are that there are several limitations in order to foster compliance with ILS, within the ILO as well as through trade agreements. Especially the lack of a legal body within the ILO and the fact that labour provisions are not subject to the regular dispute mechanism in trade agreements nor subject to the dispute mechanism of World Trade Organisation has been pointed out as problematic. Due to the lack of empirical research on the post ratification effects, de facto and de juro, it is difficult at this initial stage of ‘the experiment of labour provisions in trade agreements’ to draw conclusions. However, the need to foster a universal floor of fundamental labour rights are equally as urgent as it was a hundred years ago when ILO was founded and when the debate on labour provisions and trade was initiated.
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robert, provinah. "Smart Africa : Patents and Standards in ICT, a roadmap for Africa in the digital world." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-353712.

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The mobile revolution has had a huge effect on our lives in all spheres. To ensure its continued evolution patents have played a part in protecting rightsholders from infringement cases by implementers. Also, many companies in the ICT industry focusing on innovation have come together to create standards, which ensure interoperability and compatibility of devices whilst supporting an ecosystem that is beneficial for both innovators and implementers as well as the consumers. Despite challenges (hold-up and hold-out) arising, regulators and standards organizations have created policies to regulate the processes involved. This has seen the introduction of FRAND and other international agreements. Using 3GPP as an illustration, this thesis highlights the efforts that are poured in research and development to even come up with a set standard that is universally applicable. This thesis gives an analysis on the underlying principles and processes that allow for standardization. It focuses on the relationship between patents and standards and how a strong IPR system has an impact on the progress of technology innovation. This thesis will highlight the benefits that arise from an ecosystem that is predevelopment and analyses the legal cases that have been dealt with over the years. Several cases have been brought before the courts in different jurisdictions to address issues relating to standardization and the ruling have seen a change in direction on the way to approach FRAND. The landmark case Huawei v ZTE paved a way for Europe’s balanced approach on licensing agreements and now courts have realized the importance of both parties to actively participate in good faith negotiations. The same has happened in the United states where after eBay v MercExchange the courts are now realizing hold-out is equally detrimental as hold-up and can create complications in licensing. The courts are now reluctant in offering injunctive relief without efforts from both parties to perform licensing agreements. As the technological boom continues in an upward trajectory it is crucial now, more than ever for Africa to join in and leverage the available laws to benefit its SMEs and ICT industry and strengthen its IPR system. Legend has it that the stronger the protection of own technological know-how, the higher the likelihood to join formal standardization processes to leverage the value of the technological portfolios. The empirical findings establish that if African countries develop their IPR system, this can be a source of encouragement for innovators to engage in global standardization.
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Tsuro, Hardlife. "A critical analysis on the intersection of Competitio law and Standard Essential Patents in the EU." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-413131.

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The point of conflict between competition law and patent law is mainly on the objectives of these two policies. Whereas competition law encourages market pluralism, patent law promotes exclusive exploitation of patented-technology by patent holders. Despite this asymmetrical purposes both policies compliment each in promoting innovation, dissemination of technology, and developmentof a vibrant economy. The interface between these two should be treated cautiously since a preferential treatment of one over the other can have adverse consequences in the development of the economy. Admittedly competition law is very crucial in regulating anti-competitive conduct by cartels and monopolies that will affect the interests of the society. On the flip side, the enforcement of anti trust policies should not be overly applied to the extent of eroding the spirit of innovation and investment in beneficial technology. In the face of this aggressive global market, promotion of innovation and competition law are crucial in maintaining a competitive edge. Wherefore a balance must be struck!
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Grundberg, Johanna. "Överföring av personuppgifter till USA." Thesis, Umeå universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-180331.

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Enberg, Sara. "Den obeorende revisionen och god revisorssed enligt revisorslagen." Thesis, Linköping University, Department of Management and Economics, 2004. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-2214.

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Several industrial scandals, especially those about Enron and WorldCom, have lead to an intense debate about the independent audit and the independent auditor. A substantial part of the auditor’s income originates from counselling, and therefore the role of the auditor may be seen as double, and the auditor’s objectivity may be questioned. In the year of 2002, a new Auditors Act was legislated in Sweden. In the 21 § of the act, a model based on principles was introduced, to test the auditor independence in every single case. The question is if the new Auditors Act better ensures an independent audit than the preceding Act did. After the collapse of Enron, the international work on the development of rules that better can guarantee the independent audit, has been intensified. Will the wording and effect of the Swedish Auditors Act stand, will the international progress on this area influence the interpretation of the Act, or will the Swedish legislator be forced to rewrite the Act? Three problems are discussed in this thesis; 1. How shall an independent audit be ensured?, 2 What kind of activity may the auditor exercise?, 3 How should the auditor’s activities be organised to ensure the independence? This thesis describes howthe role of the auditor and his independence is regulated today, partly by legislation, partly by self- regulation, both national and international. Different regulations are compared and differences and similarities are described. A number of specific problems that may influence the independence of the auditor, in relation to his clients, and a discussion about how these problems may be avoided, is presented.

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Magnusson, Victor. "Cut off cross-border data flow and international investment law. : A legal analysis of a restriction with an effect equivalent of a ban on cross-border data flow and the fair and equitable treatment standard found in bilateral investment treaties." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-443840.

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In the world we live in today, the international trade and economy is becoming more and more dependent on data. Data that can be transferred across borders and during the last couple of years there is an observable trend that the cross-border data flows is increasing. The increase of the cross-border data flows is a result of the vast boom in the global digitalization.  Businesses and enterprises can use the data accessible in multiple kinds of ways, follow and keep control of production chains, follow the demand of consumers, and make alterations to the products following the requests of the consumers. This is improving the efficiency and productivity of the businesses. The free flow of data across borders does not only have positive effect for the businesses, but also from a larger perspective, it also contributes to the welfare of countries, and provide new possibilities and opportunities. Despite the fact that the free flow of data has its great effects on both businesses and the welfare of states, states are imposing restrictions on cross-border data flows. The restrictions in place are of deferent kinds, some makes it mandatory to store or process data, while other restrictions are harsher and could provide a ban or cut off on cross-border data flow.  In the legal system of international investment law, the fair and equitable treatment standard is a standard found in treaties, bilateral and multilateral. The standard is protecting the forging investors.  If a state is enforcing a restriction with an effect equivalent to a ban on cross-border data flow, what is the relation of that restriction to the fair and equitable treatment standard?
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Books on the topic "Juridic Standards"

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Wu, Qingbao. He tong jiu fen cai pan biao zhun gui fan =: Juridical standard of contract dispute. 8th ed. Beijing Shi: Ren min fa yuan chu ban she, 2009.

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Liu, Jiangong. Gong si jiu fen cai pan biao zhun gui fan =: Juridical standard of company dispute. 8th ed. Beijing Shi: Ren min fa yuan chu ban she, 2009.

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Qi ye jiu fen cai pan biao zhun gui fan: Juridical standard of enterprise dispute. Beijing: Ren min fa yuan chu ban she, 2009.

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Wu quan jiu fen cai pan biao zhun gui fan: Juridical standard of property dispute. Beijing Shi: Ren min fa yuan chu ban she, 2009.

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Po chan an jian cai pan biao zhun gui fan: Juridical standard of enterprise bankruptcy cases. Beijing Shi: Ren min fa yuan chu ban she, 2009.

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Fang di chan jiu fen cai pan biao zhun gui fan: Juridical standard of real estate dispute. Beijing Shi: Ren min fa yuan chu ban she, 2009.

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United States. Congress. Senate. Committee on the Judiciary. Barriers to justice and accountability: How the Supreme Court's recent rulings will affect corporate behavior : hearing before the Committee on the Judiciary, United States Senate, One Hundred Twelfth Congress, first session, June 29, 2011. Washington: U.S. G.P.O., 2012.

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World Health Organization (WHO). Mental health legislation & human rights. Geneva: World Health Organization, 2003.

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Sweet, Alec Stone, and Clare Ryan. Beyond Rights Minimalism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.003.0006.

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This chapter focuses on the European Court’s approach to adjudicating the qualified rights: to privacy and family life, and to the freedoms of expression, conscience, and religion. Facilitated by the progressive development of (i) general principles, (ii) iterative dialogues with domestic apex courts, and (iii) consensus analysis, the Court has engaged in majoritarian activism, a strategy that has enabled it to raise standards of protection, and to overcome rights minimalism. Under the tutelage of the Court, the regime has worked to secure the equal juridical status of formerly marginalized or excluded groups, including through the consolidation of positive state duties of recognition and protection. As important, the trustee courts of Europe now share a common approach to assessing the validity of state measures that would limit a qualified right, requiring officials to justify restrictions under a pressing social need standard, and to ensure their proportionality.
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El Sobreendeudamiento de Los Consumidores: Estudio Juridico En El Marco de La Colaboracion Entre La Direccion General de Consumo de La Junta de Comun (Coleccion Estudios de Derecho Privado). Editorial Comares, 2003.

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Book chapters on the topic "Juridic Standards"

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Schroeder, Werner. "The Rule of Law As a Value in the Sense of Article 2 TEU: What Does It Mean and Imply?" In Defending Checks and Balances in EU Member States, 105–26. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_5.

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AbstractThe rule of law is a value on which the European Union is founded, and which shall be respected and observed by its Member States. This value is not merely an ethical standard but a binding legal principle that is applicable to legal disputes under Union law. The treaties, however, do not provide a definition of this principle. From a Union law perspective, it is therefore indispensable to determine the rule of law more precisely; not only is it referred to in treaty law (Article 2 TEU), but understood by Union courts as a constitutional meta-principle that informs other constitutional norms and may justify review proceedings and sanctions against Member States. The Commission Framework to strengthen the Rule of Law of 2014 does not suffice to shape a ‘Union rule of law’. It relies primarily on the case law of the Court of Justice of the European Union. Yet, this judicial concept of the rule of law is somehow restricted as it focuses almost exclusively on the role of the judicial branch in the Union’s constitutional system. Common European constitutional traditions, however, show that the core concern of the rule of law is the containment of public authority by institutional arrangements. In view of these traditions and the practice of the Union institutions, including the CJEU, consensus at the Union level might be achieved on the fact that the rule of law comprises not only strictly formal standards, but also material criteria of justice related to the juridical shaping of decision-making processes. These elements of the rule of law are intrinsically linked to fundamental rights and shall ensure that within the scope of Union law any public power is exercised in a non-arbitrary and legitimate way. To this end, the Union rule of law may not only be understood as a formal set of objective norms, but as ensuring the protection of individual rights as well.
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Murphy, Peter. "Standards of Proof." In Evidence, Proof, And Facts, 296–367. Oxford University PressOxford, 2003. http://dx.doi.org/10.1093/oso/9780199261956.003.0006.

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Abstract If the conclusion to which you are conducted be that there is that degree of certainty in the case which you would act upon in your own grave and important concerns, that is the degree of certainty which the law requires and which will justify you in returning a verdict of guilty. Philosophers of law have therefore tended to seek an elucidation of juridical standards of proof in terms of some overall theory of probability. Like jurymen they have modelled their conception of probability within a law court upon their conception of probability outside it.
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Knights, Mark. "Trust, Standards of Public Office, and Corruption." In Trust and Distrust, 107–43. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198796244.003.0005.

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The central contention of this chapter is that the legal and political history of trust is also a history of the development of public office. ‘Trust’ helped to define and restrain the abuse of office in the early modern period. Originally a Roman legal concept, fiduciary trust was designed in the sixteenth century to protect private property rights but came to be applied, in the mid-seventeenth century, to public (and commercial) office to help describe, but also tackle, the abuse of powers exercised by officeholders. By the nineteenth century its standards and criteria had become widely shared norms—so much so, that we have largely forgotten their origins and the cultural factors that shaped their genesis. Trust and ‘breach of trust’ had great discursive power but also had juridical reach.
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Herman, Barbara. "The Kantian System of Duties." In The Moral Habitat, 80–121. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192896353.003.0007.

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Beginning with Kant’s infamous “derivation of duties” problem, the chapter argues that the Groundwork’s categorical imperative (as principle or test) was never intended for duty-generation. By contrast, the two parts of the Metaphysics of Morals set out a system of duties, with priority given to duties of Right. Answerable to innate right, juridical duties secure persons’ moral standing. The institutions of Right create new moral powers that enable persons to obligate others, resolving the moral impossibilities of human life in a state of nature. Examples of self-defense and duties of free communication show how a value that first appears as a juridical duty descends to and is completed by ethical duties, here concerning truthful speech and integrity of the body. The chapter concludes with an argument for the idea of “provisional universal right” that marks a moral standard and source of duties even where legitimate juridical conditions are absent.
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Lu, Chien-Chih. "Identifying New Juridical Sources and Business Practices in Taiwan’s Music Ecosystem." In The Oxford Handbook of Music Law and Policy, C39S1—C39P59. Oxford University Press, 2023. http://dx.doi.org/10.1093/oxfordhb/9780190872243.013.39.

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Abstract Copyright provides music authors with economic incentives to deliver contributions that will benefit the cultural community. Technology has facilitated a digital breakthrough to make music content more accessible. Taiwan’s copyright expansion directly correlates to the development of the Mandarin music industry and case studies seem to illustrate that Taiwan’s copyright protection is the principal ignition and stimulation of the Mandarin music market’s evolution. Its licensing system is constructed on the basis that the music marketplace needs specific levels of government regulations and contractual restrictions, which are imposed through proper licensing provisions in the Taiwan Copyright Act. This chapter argues that modernizing the standards of what is deemed to be copyright infringement will further encourage the prosperity of music creativity and business in Taiwan’s market. Apart from conventional collective management, nonexclusive licensing arrangements in Taiwan’s marketplace will generate creative autonomy and business opportunities in a brand-new way.
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Patterson, Jonathan. "The Villain." In Villainy in France (1463-1610), 42–54. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198840015.003.0003.

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This chapter begins to expose villainy’s ambivalent flow between juridical theory and pre-modern literature. In literary-cultural discourse, the villain was the vilain: in other words, it was a commonplace to assert that the low-born, originally called vilains, would exhibit vile and potentially criminal standards of behaviour. This stereotypical alignment of low morality and low status divided French jurist opinion, not least because it entailed profoundly conflicting ideologies of nobility. The chapter ends with a reading of Giovan Battista Nenna’s Il Nennio (1542), a fiction with quasi-legal elements that deftly exposes nobility and villainy as a problematic binary in transcultural debates on vera nobilitas (true nobility).
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Brendan, Lim. "Part III Themes, Ch.13 Legitimacy." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0014.

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This chapter charts the uneven progression since federation of popular sovereignty as a legitimating force in Australian constitutionalism. It describes how the sociological and moral facts which lie outside the constitution, but which shape our understanding of its legitimacy, can come to be incorporated within the constitution, and to shape our understanding of its law. The chapter begins with the particular conception of popular sovereignty that the Constitution introduced into the regime. This was a political rather than a juridical conception; a fact determining legitimacy rather than legality. But the chapter reveals that the boundary between legitimacy and legality is a porous one. In a wide variety of ways, conceptions of legitimacy influence standards of legality. The course of that influence is then traced through the twentieth century before the chapter returns to arguments presented by Sir Edmund Barton on the last day of the Australasian Federal Conventions in 1898.
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Kirmanoğlu, Hülya, and Mustafa Kahveci. "Restructuring the Electricity Sector in Turkey." In Handbook of Research on Public Finance in Europe and the MENA Region, 429–46. IGI Global, 2016. http://dx.doi.org/10.4018/978-1-5225-0053-7.ch019.

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Public utilities have been at the very centre of economic and social development of countries. Until the last decades, they were almost exclusively undertaken by public authorities. From the 1980s, they have been subject to liberalisation in many countries. Liberalisation of electricity means that the segments which are vertically integrated are unbundled and opened to private sector through privatisations. However, since the transmission and distribution segments are networks that exhibit severe natural monopoly characteristics, they should be either owned and operated by public bodies or regulated by independent regulatory authorities to protect consumer interest. In Turkey, the liberalisation process for the public utilities has begun in 1990s, but posed many problems at administrative and juridical stages. Lately, the legislative framework which is designed to be compatible with global standards has been completed. But at economic stage, we can easily observe the power of big companies and holdings outweigh the power of public authorities and counteract the public interest.
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Soufi, Youcef L. "The Emergence of Pious Critique." In The Rise of Critical Islam, 51–76. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/oso/9780197685006.003.0003.

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Abstract The definition of the Arabic word for disputation—munāẓara— is “to reason (al-naẓar) with another person.” But what of the history of the term munāẓara? How did its use evolve over time, and what does this evolution tell us about the practice of legal disputation? Chapter 2 provides a genealogy of the term munāẓara within the first six centuries of Islam, thus providing an account of when and how the term came to designate the practice familiar to al-Shīrāzī and his colleagues. This genealogy traverses political antagonisms, court intrigues, intellectual movements, and juristic rivalries. The chapter locates the turning point in the history of the munāẓara at the early 10th century, when the term began to refer to standard sequences, roles, and ethical injunctions and became synonymous with al-jadal al-maḥmūd (praiseworthy debate).
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Hammond, Andrew. "Salafi Publishing and Contestation over Orthodoxy and Leadership in Sunni Islam." In Wahhabism and the World, 76–92. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197532560.003.0004.

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This chapter looks at Salafi publishing and its critical role in the intense contestation among Islamic trends throughout the twentieth century over defining the Sunni mainstream and establishing orthodoxy. It demonstrates how the discourse of Salafism was formed in the crucible of rivalry with Islamic modernism (the followers of Muhammad ʿAbduh), the Muslim Brotherhood, and conservative traditionalists (such as Zahid al-Kawthari), largely through the efforts of the Syrian cleric Nasir al-Din al-Albani, who established a clear standard of belief and practice under the designation “Salafi.” With its veneration of the creedal positions of Ibn Taymiyya and rejection of Muslim juridical culture, Salafism evolved its novel approach through the medium of modern print culture. Its activities were focused on, but not restricted to, Saudi Arabia, where Wahhabism’s esteem for Ibn Taymiyya created fertile ground for collaboration. The chapter closes by surveying Salafi literature, its message, and its global reach.
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Conference papers on the topic "Juridic Standards"

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Kerbacher, Sophie, Michael Pfeifer, Simone Leski, and Reingard Riener-Hofer. "Juridical Standards for Clinical Forensic Examinations of Victims of Violence in Europe: JUSTeU!" In Twelfth Biennial International Conference Criminal Justice and Security in Central and Eastern Europe: From Common Sense to Evidence-based Policy–making. University of Maribor Press, 2018. http://dx.doi.org/10.18690/978-961-286-174-2.50.

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Lechev, Emil. "COVID-19 PANDEMIC AND ITS JURIDICAL EFFECTS ON THE TRANSPORT SECTOR ON A GLOBAL SCALE." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.311.

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The transport business is governed by system of international rules and regulations, which control the behavior between the different economic agents in the supply chain. For the airfreight industry main standard is the Montreal Convention, for the road transport it is the CMR document, and for ocean freight, such role has the rules from Hague-Visby. The report will analyze their interpretations on the COVID-19 pandemic and their economic effects on the transport industry as a whole.
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