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Journal articles on the topic 'Written law'

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Author: Grafiati

Published: 19 October 2024

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1

Bekbaev, Erzat Z. "Origin of written law." RUDN Journal of Law 27, no. 1 (March 26, 2023): 7–20. http://dx.doi.org/10.22363/2313-2337-2023-27-1-7-20.

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The relevance of the origin of written law issues stems from the need to address pluralism of concepts concerning law origin. Research investigates the issues of the origin of law as a set of rules of conduct fixed by the state in writing and intended for interaction of people between themselves and public authority represented by the state and other persons. In a primitive society the rules of behavior were fixed mainly in oral speech, which forced people to interact usually within the earshot of a person's voice. Oral speech could not be used for constant and everyday interaction between those groups of people who were far from each other in their camps and settlements. The written form of law and legal norms is an attributive feature of the legal system, consisting of law, legal relations and legal consciousness. The hypothesis suggests that law formation takes place in the process of establishing a written form by the state to a number of social norms of primitive society. Written law creates an additional opportunity for residents of different settlements, cities and countries to interact with each other at a distance; it contributes to centralization of state regulation in a certain territory, unification of social norms, and strengthening and expansion of state power.

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2

Hölkeskamp, Karl-J. "Written law in archaic Greece." Proceedings of the Cambridge Philological Society 38 (1993): 87–117. http://dx.doi.org/10.1017/s0068673500001632.

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In classical tradition as well as in modern classical scholarship, the emergence of written law and the earliest conception of the very idea of legislation are inseparably connected with mythical figures of almost heroic status: the great ‘arbitrators’ (diallaktai, katartisteres or aisymnetai) and ‘lawgivers’ (nomothetai) allegedly appointed in many Greek cities during the seventh and sixth centuries. According to this tradition, they were men truly wise and just, who were chosen, sometimes from outside the city, to deal with political conflict and social strife, to mediate between hostile factions within the citizen body, to restore law and order and to establish eunomia in the polis community.In the handbooks, it has been generally assumed that written law, legislation and ‘codification’ played a major role in this story in two respects. On the one hand, oppression, injustice, the arbitrary interpretation and distortion of traditional law and time-honoured custom by aristocratic judges – Hesiod's ‘gift-devouring kings’, handing down ‘crooked judgments’ – were, it is said, a major cause of social discontent among broad strata of the societies of these early cities.

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3

Engelhardt, Hanns. "Ecclesiastical Law, written by Mark Hill." Archiv für katholisches Kirchenrecht 187, no. 1 (July 7, 2021): 301–5. http://dx.doi.org/10.30965/2589045x-1870124.

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4

Grottanelli, Cristiano. "Making Room for the Written Law." History of Religions 33, no. 3 (February 1994): 246–64. http://dx.doi.org/10.1086/463368.

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5

Queiroz Barboza, Estefânia Maria de, and Katya Kozicki. "Common Law and Civil Law: Convergences Beyond a Written Constitution." Cuestiones Constitucionales Revista Mexicana de Derecho Constitucional 1, no. 40 (February 22, 2019): 39. http://dx.doi.org/10.22201/iij.24484881e.2019.40.13227.

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Este artículo analiza la convergencia entre los sistemas del common law y civil law en relación con los parámetros de la judicial review, particularmente cuando los principios constitucionales, tanto explícitos como implícitos, funcionan para invalidar leyes ordinarias. También el artículo considera la experiencia canadiense para examinar cómo los no escritos pero implícitos principios constitucionales pueden ser usados para el fin de la judicial review. Y de la misma forma se revisa la teoría de The Invisible Constitution, de Laurence Trible. Finalmente, enfrentamos la cuestión de la Constitución viva, la cual incluye el concepto de Constitución como un instrumento vivo más allá de un texto formal.

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6

Rovner, Julie. "Family-planning restrictions written into US law." Lancet 354, no. 9193 (November 1999): 1886. http://dx.doi.org/10.1016/s0140-6736(05)76857-4.

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7

Markovits, Richard S. "U.S. and E.U. Antitrust Law as Written." Antitrust Bulletin 62, no. 3 (August 16, 2017): 514–90. http://dx.doi.org/10.1177/0003603x17719763.

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This Article (1) articulates operational definitions of eight possible morally-defensible test of antitrust legality, (2) describes the conduct-coverage of, tests of prima facie illegality promulgated by, and economic-efficiency defenses recognized by U.S. and E.U. antitrust law correctly interpreted as matters of law, (3) delineates the seven most important differences between U.S. and E.U. antitrust law as written and the two most important shared attributes of U.S. and E.U. antitrust law as written, and (4) evaluates the relative and absolute moral desirability of these two antitrust-law regimes as written from the perspectives of both the liberal conception of justice and various nonliberal conceptions of the moral good. Inter alia, the Article explains why (1) conduct that manifest one or more perpetrators’ specific anticompetitive intent or distorts competition (constitutes unfair competition) violates liberal moral-rights, (2) conduct that manifests specific anticompetitive intent, lessens competition or distorts competition is distributively undesirable from utilitarian, various nonliberal-egalitarian and various individual history/conduct-focused normative perspectives, and (3) analyses that take appropriate account of the General Theory of Second Best reveal that (A) although the fact that conduct reduced price competition in some area of product-space does not imply that it generated economic inefficiency by causing too few resources to be devoted to unit-output production in that area of product-space relative to the amount devoted to unit-output product elsewhere, it does imply that the relevant conduct generated economic inefficiency by allocating resources from unit-output production to quantity-or-variety-increasing-investment (QV-investment) creation, (B) price-fixing and predatory pricing generate economic inefficiency not only by generating allocative transaction costs but by leading to undercutting by competitive inferior’s and retaliation that results in suppliers’ that are allocatively as well as privately worse-than-best-placed making sales, (C) conduct that reduces QV-investment competition increases economic efficiency by allocating resources from QV-investment creation t unit-output production and production-process-research execution, and (D) the use of many pricing-techniques (price discrimination, the simultaneous charging of lump-sum fees and per-unit prices, and some functional types of tie-ins and reciprocity) is economically inefficient although it does not manifest the perpetrator’s specific anticompetitive intent or lessen competition.

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8

Bohlander, Michael. "Comparative Criminal Law, written by Albin Eser." International Criminal Law Review 18, no. 4 (November 10, 2018): 735–38. http://dx.doi.org/10.1163/15718123-01804003.

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9

Fuadi, M. Zulvi Romzul Huda, and Ayon Diniyanto. "Written Quotations and Its Legal Protection: How Indonesian Law Reform on Copyrights Law?" Journal of Law and Legal Reform 3, no. 1 (January 30, 2022): 1–16. http://dx.doi.org/10.15294/jllr.v3i1.53630.

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Copyright is still on its way to legalizing a lot of homework to be done. One of these jobs is to protect the economic rights of cited sources for commercial use. So far, the copyright law has not specifically regulated this matter. The law does not even protect the economic rights of citation sources quoted for commercial purposes. This study formulates the problem (1) how is the current legal protection regarding copyright for written works? and (2) how the legal protection should be regarding copyrights for excerpts of written works. The aims of this research are (1) to find out the current legal protection regarding copyright for citations of written works; and (2) formulating the legal protection that should be on copyright for excerpts of written works. The method used in this research is using normative juridical research. The conclusion in this study is to answer the formulation of the problem.

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10

Strauss, David A. "Constitutions, Written and Otherwise." Law and Philosophy 19, no. 4 (July 2000): 451. http://dx.doi.org/10.2307/3505078.

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11

Harrison, James. "Whaling and International Law, written by Malgosia Fitzmaurice." International Journal of Marine and Coastal Law 32, no. 1 (February 22, 2017): 190–92. http://dx.doi.org/10.1163/15718085-12341429.

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12

West-Oram, Peter G. N. "Global Health Law, written by Lawrence O. Gostin." European Journal of Health Law 23, no. 1 (February 10, 2016): 109–12. http://dx.doi.org/10.1163/15718093-12341386.

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13

Antonov, Mikhail. "Everyday Law in Russia, written by Kathryn Hendley." Review of Central and East European Law 43, no. 1 (February 28, 2018): 87–98. http://dx.doi.org/10.1163/15730352-04301001.

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14

Couveinhes Matsumoto, Florian. "Philosophy of International Law, written by Anthony Carty." Journal of the History of International Law / Revue d'histoire du droit international 21, no. 1 (May 30, 2019): 154–59. http://dx.doi.org/10.1163/15718050-12340108.

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15

McKenna, Miriam Bak. "Is International Law International?, written by Anthea Roberts." Nordic Journal of International Law 87, no. 2 (June 7, 2018): 221–27. http://dx.doi.org/10.1163/15718107-08702003.

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16

Chapman, David M. "Christian Law: Contemporary Principles, written by Norman Doe." Ecclesiology 13, no. 1 (January 25, 2017): 110–12. http://dx.doi.org/10.1163/17455316-01301009.

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17

Charlesworth, Hilary. "The Art of International Law." Proceedings of the ASIL Annual Meeting 116 (2022): 7–24. http://dx.doi.org/10.1017/amp.2023.31.

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International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”

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18

Andersen, Minie. "Consumer Protection: The Interaction Between Written and Unwritten Law." European Review of Private Law 29, Issue 4 (September 1, 2021): 633–58. http://dx.doi.org/10.54648/erpl2021033.

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The scope of consumer protection according to both written and unwritten law is assessed through an analysis of court decisions and decisions of the Consumer Complaints Board in Danish law with references to other Scandinavian law and to EU case law. The article analyses consumer protection in Scandinavian contract law according to general principles of interpretation and statutory law in the form of national legislation implementing Article 5 of Directive 93/13/EEC on unfair terms in consumer contracts. The so-called (larger) general clause of invalidity in the form of section 36 of the relevant national Contracts Acts is included as it greatly influences interpretation in Scandinavian contract law. The analysis involves a discussion of interpretation as a legal source in Scandinavian contract law, and a presentation of the Scandinavian consumer complaints board system with an emphasis on the Danish system. It is argued that the (traditional) general principles of interpretation in contract law play an important role as a supplement to written law in the aim of consumer protection, and that both courts and the Consumer Complaints Boards seem to operate with protection of consumers as a relevant underlying legal basis when interpreting consumer contracts. Both general rules of interpretation and the underlying legal basis (in the form of i.a. non-mandatory rules and customs) thereby seem to enhance consumer protection in Scandinavian contract law.

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19

Scarman. "Why Britain needs a written constitution." Commonwealth Law Bulletin 19, no. 1 (January 1993): 317–23. http://dx.doi.org/10.1080/03050718.1993.9986267.

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20

Saenah, Siti. "TYPES OF EVIDENCE: A COMPARATIVE STUDY BETWEEN ISLAMIC LAW AND CIVIL PROCEDURE LAW." JURISTA: Jurnal Hukum dan Keadilan 4, no. 1 (July 15, 2020): 70–93. http://dx.doi.org/10.22373/jurista.v4i1.21.

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The writing of this article is to find answers to the main problems, namely how are the types of evidence in Islamic law and civil procedural law and how are the similarities and differences in evidence between Islamic law and civil procedural law. The results of the study, in Islamic law the types of evidence agreed upon by scholars are seven kinds, namely: confession, testimony, oath, nukul, qarinah, qasamah, and recognition of the judge. While in civil procedural law consists of five types, namely: written evidence, witnesses, confessions, suspicion, and oaths. This is because in Islamic law regarding oaths are classified into several types as evidence. The difference lies in the evidence, and the main evidence where in Islamic law is recognition. Whereas in civil procedural law is written evidence. This is because in ancient times people who were good at writing were very few so that this written evidence was not so popular, in Islamic shari'a too.

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21

Gienapp, Jonathan. "Written Constitutionalism, Past and Present." Law and History Review 39, no. 2 (May 2021): 321–60. http://dx.doi.org/10.1017/s0738248020000528.

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Debates over constitutional originalism almost always center on meaning. Questions are typically focused, concentrated on the meaning of particular constitutional clauses at the moment of their inception: the Commerce Clause in 1787, the Second Amendment in 1791, or the Fourteenth Amendment in 1868. Given the prevalence of these investigations, theoretical and methodological debates over how to recover original constitutional meaning are concentrated on either the kind of meaning that should be targeted—original public meaning, original intended meaning, or original legal meaning—or how that meaning can be recovered—through conventional legal reasoning, corpus linguistics, or thick reconstruction of historical context. Regardless, virtually all originalist theories of meaning uncritically presuppose the nature of the object possessing that meaning: they take as given what the Constitution itself is and, by implication, what it has always been. Although it might not be clear what the Constitution originally meant, it is straightforward what the original Constitution originally was. It just is the Constitution.

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22

Zoyirova, Dilsuz. "WRITTEN DISCURSIVE COMPETENCE AS A COMPONENT OF FOREIGN LANGUAGE COMMUNICATIVE COMPETENCE OF LAW UNIVERSITY STUDENTS." Jurisprudence 2, no. 3 (July 19, 2022): 167–75. http://dx.doi.org/10.51788/tsul.jurisprudence.2.3./qheu2634.

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The paper discusses written discursive competence as a main element of foreign language communicative competence of the students of Tashkent State University of Law. Indeed, written discursive competence is the writer’s ability to generate various types of discourse for involvement in written foreign language communication with the intended addressee in order to achieve the desired result, depending on the sociocultural setting and communicative task. Because written discursive competence is a complicated multicomponent phenomenon, its structure distinguishes a number of subcompetences, which are thoroughly discussed in the article. Prior to the discussion part, the author focuses on the definition of the terms “discourse” and “discursive competence”, relying on the perceptions of various scholars. Also, the differences of “discourse” and “text” are introduced accordingly, and the tasks for the formation of discursive competence of law students in this very context are outlined with their specific characteristics. It is deemed that these tasks are of importance in teaching writing to the students in the law field.

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23

ROSNER, BRIAN S. "Written for Our Instruction: The Law as Wisdom in Paul's Ethics." Journal for the Study of Paul and His Letters 3, no. 2 (2013): 129–44. http://dx.doi.org/10.2307/26426455.

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The fact that Paul's letters present both negative critique of the law and positive appropriation of the law is a longstanding puzzle. If believers in Christ are not under the law, how can Paul use the law to regulate Christian conduct? Paul's use of the law for moral teaching is not evidence of inconsistency, nor does it indicate that his abrogation of the law is only partial. Instead, the key to understanding Paul's use of the law for ethics is hermeneutical. When it comes to Christian conduct, rather than reading the law as law, Paul reads it as wisdom for living. Paving the way for Paul's wisdom hermeneutic with respect to the law is the wisdom character of the law itself, the wisdom character of Paul's moral teaching in general, and Paul's own claim that he reads the law in the capacity of wisdom. The case studies of idolatry and murder supply examples of Paul reading the law as wisdom.

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24

ROSNER, BRIAN S. "Written for Our Instruction: The Law as Wisdom in Paul's Ethics." Journal for the Study of Paul and His Letters 3, no. 2 (2013): 129–44. http://dx.doi.org/10.2307/jstudpaullett.3.2.0129.

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The fact that Paul's letters present both negative critique of the law and positive appropriation of the law is a longstanding puzzle. If believers in Christ are not under the law, how can Paul use the law to regulate Christian conduct? Paul's use of the law for moral teaching is not evidence of inconsistency, nor does it indicate that his abrogation of the law is only partial. Instead, the key to understanding Paul's use of the law for ethics is hermeneutical. When it comes to Christian conduct, rather than reading the law as law, Paul reads it as wisdom for living. Paving the way for Paul's wisdom hermeneutic with respect to the law is the wisdom character of the law itself, the wisdom character of Paul's moral teaching in general, and Paul's own claim that he reads the law in the capacity of wisdom. The case studies of idolatry and murder supply examples of Paul reading the law as wisdom.

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25

Sysoyev, P. V., and V. V. Zavyalov. "Teaching foreign language written legal discourse to law students." Yazyk i kul'tura, no. 41 (March 1, 2018): 308–26. http://dx.doi.org/10.17223/19996195/41/19.

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26

Banner, Stuart. "Written Law and Unwritten Norms in Colonial St. Louis." Law and History Review 14, no. 1 (1996): 33–80. http://dx.doi.org/10.2307/827613.

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The American officials who assumed control of the Louisiana Purchase territory were quite certain about the Spanish legal system they were displacing. “[T]he laws, rules of justice, and the forms of proceeding,” Amos Stoddard reported from St. Louis two weeks after receiving possession of Upper Louisiana on behalf of the United States, “were almost wholly arbitrary—for each successive Lieut. Governor has totally changed or abrogated those established by his predecessor.” Under “the despotism of the Dons,” as Frederick Bates described the preceding four decades of Spanish government in St. Louis and the surrounding area, the residents “knew that they had no rights and that they were absolutely dependent, in all things, on the will and pleasure of the Governor.” In New Orleans Governor William Claiborne described a legal “system in most points incongenial with the principles of our own Government,” one in which “the executives of the collony have often exercised a dispensing power over th[e] Laws, and the people consequently have been habituated to the uncertain operation of rules occasionally modified by the wisdom or caprice of those in power.” In short, this was a government of men, not laws; the task at hand was to get rid of it as soon as possible. As Bates explained to future governor (and ex-explorer) Meriwether Lewis, “we are endeavouring to establish the empire of the laws; and to substitute those laws in the place of the arbitrary Rescripts of proconsular Agents.”

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27

Lustig, Doreen. "Multinational Enterprises and the Law, written by Peter Muchlinski." Journal of World Investment & Trade 23, no. 1 (February 15, 2022): 153–60. http://dx.doi.org/10.1163/22119000-12340242.

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28

Plastow, Christine. "Democratic Law in Classical Athens, written by Michael Gagarin." Polis: The Journal for Ancient Greek and Roman Political Thought 38, no. 2 (May 7, 2021): 332–35. http://dx.doi.org/10.1163/20512996-12340329.

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29

Antonov, Mikhail. "Russian Approaches to International Law, written by Lauri Mälksoo." Review of Central and East European Law 40, no. 2 (October 9, 2015): 205–11. http://dx.doi.org/10.1163/15730352-04002004.

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30

Gottesman, Alex. "Athenian Law and Society, written by Konstantinos A. Kapparis." Polis: The Journal for Ancient Greek and Roman Political Thought 37, no. 2 (May 11, 2020): 339–43. http://dx.doi.org/10.1163/20512996-12340278.

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31

Gasbarri, Lorenzo. "The Law of International Organisations, written by Nigel White." International Organizations Law Review 14, no. 2 (December 5, 2017): 431–36. http://dx.doi.org/10.1163/15723747-01402008.

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32

Psarras, Haris. "Philosophy of Law: Introducing Jurisprudence, written by J. Brand." Journal of Moral Philosophy 15, no. 3 (June 19, 2018): 363–66. http://dx.doi.org/10.1163/17455243-01503002.

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33

Graham, Aaron. "A Theory of Discrimination Law, written by Tarunabh Khaitan." Journal of Moral Philosophy 16, no. 5 (October 25, 2019): 666–70. http://dx.doi.org/10.1163/17455243-01605003.

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34

Grumett, David. "Theology for International Law, written by Esther D. Reed." Ecclesiology 11, no. 3 (October 16, 2015): 387–89. http://dx.doi.org/10.1163/17455316-01103014.

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35

Widayati, Widayati. "Penegakan Hukum Dalam Negara Hukum Indonesia yang Demokratis." PLEDOI (Jurnal Hukum dan Keadilan) 1, no. 1 (September 15, 2022): 19–31. http://dx.doi.org/10.56721/pledoi.v1i1.28.

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The State of Indonesia is a state of law, meaning that all citizens and administrators must comply with the applicable laws. Nevertheless, the rule of law is often violated, even by law enforcement officers and lawmakers themselves. Law enforcement in Indonesia is still sharp downwards but blunt upwards. For this reason, it is necessary to improve law enforcement. Improvement in law enforcement can be made by improving the legal system, which includes legal substance, legal structure, and legal culture. In addition, with the concept of a democratic rule of law, law enforcement is not only fixed on the written rule of law. If the written rule of law does not provide justice, then the written rule of law can deviate. Law enforcement is also supported by the emergence of progressive legal theory and integrative legal theory.

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36

Kusumo, Vonny Kristanti. "Relationship Between Adat Law & National Law on Marriage in Indonesia." Veteran Law Review 6, no. 2 (November 27, 2023): 252–65. http://dx.doi.org/10.35586/velrev.v6i2.6553.

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Indonesia is an archipelagic country that has a pluralistic society consisting of diverse ethnicities, customs and cultures. Each group lives by using rules nor established good norms written or unwritten and originating from habit Indonesian society or the customs in which it is used to regulate life behavior _ society , which is often referred to as "customary" or "customary law". As a country in the form of a republic , Indonesia is regulated by law in statutory regulations , where these statutory regulations are written laws. To carry out a marriage, for a country and nation like Indonesia it is It is absolute that there is a National Marriage Law that also accommodates principles and provide a legal basis for marriage which has been the guideline and has been applied to various groups in society us . But marriage in Indonesia can also be carried out with the customary law of certain indigenous communities in accordance with the rules or norms that bind them hereditary.

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37

McPherson, Alan. "“Above the Written Law”: Iran-Contra and the Mirage of the Rule of Law." Law and History Review 42, no. 2 (May 2024): 393–415. http://dx.doi.org/10.1017/s0738248024000063.

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AbstractWhy have scandalous sprees of lawbreaking by U.S. government officials proven so seductive yet so difficult to prosecute? This article takes the Iran-Contra scandal of the Reagan–Bush era as an instructive case study and red flag in the attitudinal erosion of the belief in the rule of law among American conservatives. Before the scandal broke, officials and legal counsels willfully mis-interpreted a clear prohibition to fund counter-revolutionaries and fabricated a post-facto presidential permission in order to sell weapons to Iran without congressional oversight. Congress's assumption that government officials would obey its statutes resulted in neither wrongdoing being punishable by criminal sanctions. Conservatives therefore argued that ends justified neglecting certain laws while also denying they had broken any laws. Prosecutors found themselves compelled to prosecute Iran-Contra's defendants over more prosaic crimes such as lying and stealing rather than more abstract and damaging ones. President George H. W. Bush's pardon of Iran-Contra defendants contributed to an impunity that further eroded the American rule of law to this day.

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38

Goodrich, Peter. "Traditions of interpretation and the status of the legal text." Legal Studies 6, no. 1 (March 1986): 53–69. http://dx.doi.org/10.1111/j.1748-121x.1986.tb00337.x.

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The legal tradition is a written tradition and is consequently centred upon the study of textual meanings. From the earliest times law, both religious and secular, has been inscribed and codified, be it chiselled in stone, carved in wood, scratched on vellum or written in books. While the law codes and law books are certainly not the only forms of law they are in historical terms the dominant ones. The law is ideally promulgated in books and is found in books, it being of the historical essence of sacred and secular legal power to take a written form.

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39

Ali, Mahrus. "Mahkamah Konstitusi dan Penafsiran Hukum yang Progresif." Jurnal Konstitusi 7, no. 1 (May 20, 2016): 067. http://dx.doi.org/10.31078/jk715.

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The main maxim of progressive law is law for human, not human for law. Since stressing to human existence to enforce the law, the progressive law rejects the status quo based on legal positivism, the existence of written legal text containing many weaknesses, and pays more attentions to the role of human behavior. In the context of constitutional court roles as the sole and the highest interpreter of the constitution, the interpretation of progressive law wants the institutional court not strictly rely on the written text, not to use legal positivism as a paradigm in interpreting the law, but focusing on rechtsidee, values, and way of life written on Pancasila to implement the substantive justice, not the existence of legal texts in constitution of 1945.

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40

Polanski, Wioletta. "A Mother-in-law / Princess Smiley." TranscUlturAl: A Journal of Translation and Cultural Studies 7, no. 1 (June 15, 2015): 184. http://dx.doi.org/10.21992/t9vw4h.

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41

Polontoh, Herry, and Frans Reum. "Fiduciary in Civil Law and Bankruptcy Law Perspective." Jurnal Indonesia Sosial Teknologi 5, no. 4 (April 21, 2024): 1454–63. http://dx.doi.org/10.59141/jist.v5i4.1006.

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The fiduciary gives the creditor the right to pledge his property to the debtor as security for the debt given. In practice, there are often disputes between creditors and debtors related to fiduciaries. This dispute can occur due to various factors, such as the default of the debtor or the bankruptcy of the debtor. The purpose of this study is to identify and analyse the regulation and practice of fiduciaries from the perspective of civil law and bankruptcy law. This study used normative research methods. Data collection techniques are carried out by literature study. The data that has been collected is then analysed in three stages, namely data reduction, data presentation and conclusions. The results showed that fiduciaries, in the perspective of civil law and bankruptcy law, are a type of guarantee provided by fiduciaries to other parties in terms of collateral transactions. Fiduciaries are generally included in the fiduciary guarantee, which is a guarantee received by the party applying for financing to guarantee payments to be made by the fiduciary to the party applying for financing. From a civil law perspective, legal liability is for a fiduciary who transfers or leases the object of a fiduciary guarantee to another party without the written consent of the fiduciary beneficiary. Whereas in the perspective of financial law, a fiduciary assigns or leases the object of fiduciary guarantees to another party without the written consent of the fiduciary recipient.

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42

ZINK, JAMES R. "The Language of Liberty and Law: James Wilson on America's Written Constitution." American Political Science Review 103, no. 3 (August 2009): 442–55. http://dx.doi.org/10.1017/s0003055409990086.

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Although contemporary Americans take it for granted that a “constitution” is a written document, written constitutions were almost unprecedented at America's founding. James Wilson, one of the most significant yet overlooked of America's founders, offers a comprehensive theory of America's written constitution. Wilson argues that the written-ness of the U.S. Constitution serves two essential functions. As an initial matter, it memorializes the primacy of liberty by announcing that the authority of government derives only from a free people. Perhaps more importantly, however, the written constitution uplifts and refines the character of its citizens, and thus helps to constitute a people. A review of Wilson's writings and speeches reveals how, even in a rights-centric political order, the written constitution helps to cultivate moderate and civic-minded citizens without diminishing the fundamental importance of individual rights.

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Ní Uigín, Renate. "Irish Law Publishing: An Overview." Legal Information Management 11, no. 3 (September 2011): 191–95. http://dx.doi.org/10.1017/s1472669611000612.

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AbstractThis article, written by Renate Ní Uigín, provides an overview of the Irish law publishing market today. It discusses the nature of Irish law, potential purchasers and the principal publishers.

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Thomas, Kyle J., Peter A. Collins, and Nicholas P. Lovrich. "An Analysis of Written Conductive Energy Device Policies." Criminal Justice Policy Review 23, no. 4 (July 6, 2011): 399–426. http://dx.doi.org/10.1177/0887403411412372.

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Lau, Martin. "A Bibliography of Islamic Criminal Law, written by Olaf Köndgen." Yearbook of Islamic and Middle Eastern Law Online 21, no. 1 (August 17, 2022): 235–37. http://dx.doi.org/10.1163/22112987-12340023.

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Aviles, Domingo. "Writing Authority: Elite Competition and Written Law in Early Greece." Phoenix 66, no. 3-4 (2012): 446–48. http://dx.doi.org/10.1353/phx.2012.0000.

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Winnubst, Shannon. "What if the Law is Written in a Porno Book?" Symposium 10, no. 1 (2006): 103–15. http://dx.doi.org/10.5840/symposium20061019.

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Mermelstein, Ari. "Theory and Practice in Essene Law, written by Aryeh Amihay." Journal for the Study of Judaism 51, no. 1 (March 3, 2020): 125–28. http://dx.doi.org/10.1163/15700631-12511284.

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Mirhady, David. "Law and Order in Ancient Athens, written by Adriaan Lanni." Polis: The Journal for Ancient Greek Political Thought 35, no. 1 (April 12, 2018): 316–18. http://dx.doi.org/10.1163/20512996-12340166.

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Tedeschini, Michele. "International Law as a Belief System, written by Jean d’Aspremont." International Community Law Review 20, no. 3-4 (July 5, 2018): 395–98. http://dx.doi.org/10.1163/18719732-12341381.

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