Contemporary Readings in Law and Social Justice

Articles from Vol. 9, No. 2, 2017

A Comparative Approach regarding the Appeal Institution in Romania and Albania. the Case of Applicants
1. Introduction. Holders of the Right to File an Appeal in Romanian Criminal Law ProcedureBasically, when the Court of First Instance rules the resolution every procedure subject becomes entitled to the right to fight against that resolution, under the...
A Critical Analysis of the Enforcement and Execution of the House Arrest Measure
1. IntroductionThe house arrest is something new, as it appeared in the Romanian legal system at the same time with the New Code for Criminal Procedure adopted by Law 135/2010. This house arrest preventive measure is a freedom restrictive one (Law n...
A Critical Assessment of the Incapacities of Exercise and Their Sanctions
1.Introductory ConsiderationsThe concept of incapacity has a large acceptation that can cover more situations. As the sphere of incapacities uses own notions and distinctions, some authors speak about a general theory of incapacities.Very generally,...
An Analysis of 'Y'know' as a Discourse Marker of Frame-Shifting and Unstated Meaning
1.IntroductionPragmatic theory is the study of mental structure underlying the ability to interpret utterances in context, in use; it is concerned with information not about sentences, but about utterances of sentences, about the particular use of a...
Anglicisms in American Spanish. Special View on the Media
1.Introduction and Literature ReviewStarting from the vitality of a present-day linguistic fact, that of English influence on Spanish language, we proposed to approach the theme of Anglicisms from the Spanish spoken in Latin America. Taking into account...
A Parametric Approach to Finding Equivalents for Grammatical Structures in Legal Translation. a Case Study
1.IntroductionThe paper presents a parametric methodology of legal translation (Matulewska, 2013) illustrated with its practical implementation to grammatical structures. In order to define legal translation reality and to characterize translational...
A Propaedeutic Approach to Legal Communication. Legislative Inflation, Legal Message and Juridical Noise
(ProQuest: ... denotes formulae omitted.)1.IntroductionGenerally, the inflation is characterized as a continuous increase in the price of goods and services (http://www.merriam-webster.com/dictionary/inflation). In the legislative environment, the legislative...
Aspects concerning Rights and Social-Political Freedoms Stipulated by the Romanian Constitution
1. Freedom of ConscienceArt 29 in Romanian Constitution (in force): "(1) Freedom of thought, opinion, and religious beliefs shall not be restricted in any form whatsoever. No one shall be compelled to embrace an opinion or religion contrary to his own...
Aspects concerning the Precautionary Principle in Environmental Law
1. IntroductionThe precautionary principle was founded on the necessity of preventing the negative effects for the environment determined by different human activities and was drawn from the preventing principle but nowadays it is independent.The principle...
Comparative Analysis between the Exception of a Non-Performed Contract and Potestative Duties
1.IntroductionLegal literature specifies the fact that non-ancillary rights in rem and claim rights do not encapsulate the entire sphere of subjective civil rights, due to the fact that there are rights which, owing to their characteristics, cannot be...
Comparative View on Tax Incentives for Promoting Educational Programs and Professional Training in the European Union
1. IntroductionHuman capital is considered the essence of economic growth, labour force and social cohesion. During the 2000 European Council in Lisbon, government leaders set the goal of the European Union: to become the most competitive and most dynamic...
Competing Freedoms: Freedom of Religion and Freedom of Sexual and Reproductive Liberty in Pluralistic Societies
1. IntroductionRecent events in Arizona, Arkansas, Georgia, Indiana, Michigan, Missouri, and New Mexico, along with the Supreme Court's recent decision in Obergefell v. Hodges2, have resulted in a national debate often pitting religious freedom against...
Considerations regarding the Communication of Law as an Auxiliary Field of Research within the General Theory of Law
1.IntroductionThe science of law is a science of values, a science of norms and a science of reality. The law should not be considered as an outer packaging for the Public Authority's decisions, but a language with structural content, a result of confrontation...
Considerations regarding the Doctrine of Modern State of Law
1.IntroductionKelsenian approach shows that the rule of law cannot be reduced to simple hierarchical arrangement of legal norms without considering the content of these rules. Kelsen clear concept of "rule of law" of political and ideological meanings...
Considerations regarding the Retransmission of the Inheritance in the New Civil Code
1.IntroductionAccording to Civil Code (article 957-962), a person must fulfil three conditions in order to be able to inherit: to have succession capacity, to have succession vocation and not to be unworthy in order to inherit. Consequently, in establishing...
Constitutional Review, Luxembourg Style: A Structural Critique of the Way in Which the European Court of Justice Reviews the Constitutionality of the Laws of the Member States of the European Union
IntroductionThe European Union Treaties require the European Court of Justice and the General Court of the European Union (hereafter, the European courts)1 to ensure that the "law is observed" (Article 19.1 TEU).2On the basis of such a mandate, European...
Democratic Sexuality and Alienated Capitalism in Houellebecq's Novels
1.IntroductionThe emphasis in Houellebecq's novels is mainly on persons divested of sex or kept out from the sexual realm (the sphere of sexuality strikes one as notably domineering). Houellebecq's world is inhabited first and foremost by elderly, trapped...
Empathy May Curb Bias: Two Studies of the Effects of News Stories on Implicit Attitudes toward African Americans and Native Americans
IntroductionPeople across the world think and feel more negatively about outgroup members (Allport, 1954; Baron & Banaji, 2006; Greenwald, McGhee, & Schwarz, 1998). In American children, evidence of such implicit negativity has been found as...
Families in Us Immigration Detention: What Does It Mean to Do "The Right Thing"?
IntroductionDespite being an exceptional practice involving the state's coercive, warrantless deprivation of liberty, immigration detention is normalizing into routine, even mundane use in the United States. As part of administrative law, detention resembles...
Family Environment and Its Role in the Emergence of Deviant Behavior
1.IntroductionThe family is the basic cell of a society. It is the most important component with determinant role of the child's socialization that aims at bringing children up as members of a balanced society, and secondly to stabilize the personality...
Governance Responsibilities and Security and Safety Management Systems: Does Corporate Governance Support Security and Safety Management Systems?
1. IntroductionThe Security and Safety Management Systems represent the pool that contains social, ethical, environmental codes to enhance the rights of workers and users in accordance with sustaining the main goals of international companies. That is...
Identifying Social Order Subtle Risks and Threats as Vulnerabilities of National Security Program
1. Introduction. About Other Risks and Their Implications in DevelopmentThe interdependencies and complex structuring of economic behavioral characteristics of any open market remain the focus points for social and military theories and discussions (Vasile...
Illegal Migration and the Migration Phenomenon at the Frontiers of Romania
1.IntroductionThe migration represents the movement of some large groups of individuals from their origin country towards other countries, as well as the consequences they produce at cultural, social, demographic and economic level.The migration can...
Is the Strasbourg Court Really Accountable towards Its Ends?
1.IntroductionIn the following pages, we will try to present one specific and concrete case judged by a Romanian court of justice, related to a road-traffic fine, which will show without any doubt that, despite the clear violations of the applicable...
Juvenile Delinquency, an Imminent Threat to the Romanian Society
1.IntroductionI chose to write about this topic, because I believe it is very important to find the triggers of deviant behavior; only in this way, it will be possible to find the most appropriate methods to prevent and combat this scourge. We support...
Land Use Regulation, Disability, and Aging in Place
1. Introduction. Inclusion by Design: Thinking beyond a Civil Rights Paradigm1.1 Pauli: Age 28Pauli was a passenger in an automobile being driven by his mother when they were hit by a drunk driver.2 The accident left Pauli unable to walk, paralyzed from...
Living in Uncertainty: Resurgence of Blood Feud in Albanian Post-Socialist Society and Its Consequences on Children and Young Adults
1.IntroductionThe fall of the totalitarian regime in 1991 and the collapse of the Albanian state created an order vacuum (Smith, 2008) confronting Albanians with rapid changes which placed them in unsustainable social positions. Prolonged and extremely...
Mediation in the Field of Criminal Disputes at European Level
1.General ConsiderationsThe mediation of criminal disputes was defined in the criminal doctrine as a "means of communication, based on exchanges and adequate consideration of the other, in a dialogue used to reach, in relation to the existent institutions,...
Multilateral Diplomacy – a Way to Promote International Security
1. IntroductionIn the paper Principles of Public International Law, the famous doctrine Ian Brownlie identifies among the first manifestations of multilateral diplomacy the Conference in Vienna in 1815 or the committees established for navigation on...
Organic Legislation. Arguments for and against the Organic Production
1. IntroductionThe organic food industry in the World suffered an enormous change in the past twenty years, reaching from small farms and local distributors to a vast and complex network connecting large food producers with local and global distributors...
Particularities of Contractor Agreement in Civil Code Regulation
1. Concept and RegulationIn the previous regulation, the contractor agreement was included in the scope of the institution of lease; thus, the Civil Code of 1864 distinguished between lease of things (locatio rei - article 1411 which defined the notion...
Particularities of the Violent Crimes in Galati County (2003–2013)
1.IntroductionMost of the high violence crimes perpetrated in Galati in the period 2003-2013 involved the existence of one author and one victim (88%); yet there are circumstances when two authors perpetrated the deeds.The analysis of the data regarding...
Principles of the Public Pension System in Romania
1.IntroductionThe insurance holders of the public pension system can be Romanian citizens, foreign citizens or stateless persons during the period when they domicile or have residence in Romania. The Romanian citizens, citizens of other countries and...
"Public Interest," Judicial Reasoning and Violence of the Law: Constructing Boundaries of the "Morally Acceptable"
IntroductionConstitutional courts have a major role to play not only in defining such concepts as "public interest" and "public harm," but also in contributing to the process of shaping society's perceptions of acceptable boundaries of citizenship and...
Regulation of the Cultivation, Manufacture and Sale of Marijuana as a Solution to Decrease Violent Crimes and Increase Governmental Incomes
1. IntroductionThe name of the paper was inspired from the socio-economic crisis the European Union is faced with in our days with all the other dangers, we as a nation are facing: diseases, war, social dissensions and consumption of psychotropic substances...
Remedies against General and Special Disciplinary Sanctions
1.IntroductionThe labor discipline is an objective condition, necessary and indispensable to every employer, in running his/her activity. The need to comply with a certain order, a few rules to coordinate the conduct of individuals, to achieve the common...
Rights of Roma in Romania
1. IntroductionG. Allport defined prejudice as "a negative attitude or a propensity to display a negative behavior toward a group or its members, based on a wrong and rigid generalization" (Allport, 1996: 76). Prejudices might appear towards members...
Some Considerations regarding the Succession Procedure with Extraneous Elements
1.Introduction. The Concept of Civil ObligationTaking into consideration more than 450,000 succession cases comprising extraneous elements that had been instrumented only in year 2014 at European Union level and noticing that according to the official...
Some Risks and Rewards of Europe's Multilingual Legal Order*
1.IntroductionBy banding together through the EU, Europe has taken on a leadership position in the world as far as human rights are concerned, and its large collective economy is a significant player, even in difficult times. It has, perhaps ironically,...
The Analysis of Some Legal Provisions concerning the Illicit Drug Trafficking and Consumption
1.IntroductionThe social dangerousness derived from the narcotics trafficking has imposed to the international community to find solutions and strategies to fight against this phenomenon, or at least for its restriction. Each state, through its competent...
The Appeal for Annulment Admissibility. General and Special Conditions
1.BackgroundsThe appeal for annulment is an institution of Romanian civil procedural law specific legislation. It was said, "in modern law, this remedy is of a novel nature, and it is not known in other judicial systems" (Les, 2012: 219).Originally,...
The Carriage of Dangerous Goods in the European Union
1.IntroductionMeasures related to packing, handling, loading in the means of transport and the use of modern technology of transport (containers, pallets and packets) and strict compliance with those measures makes the transportation of dangerous goods...
The Concept of "Smart Mobility" – from Complex to Ordinary Intelligent Transport Systems
1.IntroductionThe concept of "mobility" represents a key element of the major European cities, so that car manufacturers and other major players from the industry of transport have started to come up with alternatives to traditional means of transport...
The Contribution of the European Union Financial Assistance to the Development of the Social Care System in Romania
1. The Evolution of the Social Services and the Role of the EU Funds in Their Development and DiversificationSocial services in Romania have developed modifications over time at the level of their classification as well as at the legislative level. Between...
The Criminalization of Online Hate Speech: It's Complicated
1. IntroductionExplicit hate has identified an overwhelming channel in the Internet that prolongs the duration of discrediting posts. Search engines index text on the web and generate it immediately. Indexed comments have no inherent expiration date...
The Emergence and Evolution of the Lex Voluntatis Principle in Private International Law
1. The Notion of lex voluntatisThe resolution of the conflicts of laws relating to international contracts is marked by the principle of the autonomy of will (lex voluntatis), which is enshrined in both international conventions (regarding the standardization...
The Eu Digital Single Market from a Consumer Standpoint: How Do Promises Meet Means?
1. IntroductionThe Digital Single Market ("DSM") is one of the most prominent current projects of the EU and the European legislator, in particular the European Commission ("Commission"). For European consumers, the DSM is great news: "In a Digital Single...
The European Union Charter of Fundamental Rights. the Treaty of Lisbon's Objectves and Principles
1. IntroductionHuman rights, democracy and the State of Law are essential values of the European Union. Included ever since the founding treaties, these notions have been consolidated by adopting a series of documents, which facilitated progressing through...
The European Union Court of Justice Jurisprudence as a Source of National Law
1.IntroductionIn the current configuration of Europe, Romanian legal system (Nicolau and Lupu, 2010: 99) had to meet the requirements imposed by the interaction of the two legal systems, Roman-Germanic and Anglo-Saxon, which defines the European legal...
The Halal Food Law in Malaysia
1.IntroductionThe Halal business is having a rapid expansion in Malaysia. The demand for this industry has grown so much that the struggle for keeping up with the consumer demands, them being not only people of Muslim origin, but also people from other...
The Human Dignity between Means and Purpose
1. General AspectsMany of the international documents describe dignity as a foundation for human rights. According to the Explanations relating to the Charter of Fundamental Rights (Official Journal of the European Union, 14.12.2007), "The dignity of...
The Impact and Perspectives of the Lawyer's Plea (Speech) in the Courts of Romania
1.IntroductionThe present article is a short analysis of the difficulties that the lawyer's speech has to overcome, which are prone to affecting its efficiency. We are attempting at finding the practical issues the lawyer has to face in his court activity....
The Inexorable Shift towards an Increasingly Hostile Cyberspace Environment: The Adverse Social Impact of Online Trolling Behavior
1.IntroductionOnline trolling and other anomalous conducts impact online communities. Trolls rely on their culture's structural and regularizing variables to enable their behaviors. Cultural environment influences online trolling relevantly. Perceptions...
The International Carriage of Goods by Sea. a Comparative Study of Uniform Regulations
1. IntroductionTransports of goods by sea follow the provisions of shipping contracts concluded by the contracting parties, in accordance to their understanding of the concept of storage space reservation needed to ship goods.Therefore, the carriage...
The Language of the Bedouins: A Social-Ethnic Arab Structure
(ProQuest: ... denotes non-USASCII text omitted.)1.IntroductionBefore the advent of Islam, the Arabs were nomads who were organized into tribes and families headed by a sheikh or an emir. This position was passed on from one generation to another, but...
Theoretical and Methodological Considerations regarding the Evaluation of Intangible Assets
1. Introduction. The Impact of Intangible AssetsThe companies are no longer seen as economic organizations, they have recently become human and social structures. Nowadays is impossible to create excellent relations with customers if are not established...
The Psychological Fabric of Ethical Subjectivity in Woody Allen's Films
1.IntroductionOver the past decade, there has been mounting evidence outlining the language of notions and representations that assists in organizing Allen's comedy, his observations on the character of human existence, his contrasted approach of filmmaking,...
The Role of the European Parliament in the Transport Sector
1. The Role of the European ParliamentAs regards in particular the cabotage of goods, PE expressed in favor of a greater liberalization in order to reduce the number of journeys without a load of trucks (see point 18 of resolution PE of 6 July 2010 relating...
The Sources of Obligations under the New Civil Code
1.Introduction. The Concept of Civil ObligationUnlike the previous regulation, which did not define the civil obligation, being just referential to it, the new Civil Code defines in article 1167, the obligation as a legal bond under which the debtor...
The Status of the Peacekeeping Operations in the Transnistrian Conflict
1. IntroductionOn December 6, 1991 the Government addressed the international community and United Nations Security Council, protesting against the occupation of its territory. Moldova claimed that the 14th Army had provided military equipment to the...
The Transfer of Law within the Concept of Legal Europeanization
1.IntroductionThe concept of Europeanization is very often used, having quite a few meanings such as development of the European financial markets, possible expansion of companies and transnational corporations as well as their increasing domination...
The Transmission of the Inheritance Possession
1.Introduction. Acquirement of the Inheritance Possession. Seizin. Heirs Who Have a SeizinThe acquirement of inheritance rights by heirs, from the opening of the inheritance, shall be done regardless of the fact that heirs have or do not have seizin,...
The Trust under the New Civil Code
1.Concept and RegulationThe trust has been regulated for the first time in Romanian law, by Title IV of Book III "About assets" of the new Civil Code.Originally, the trust is a legal operation inspired from the trust institution of the Anglo-Saxon law.Extended...
Views on Admitting Guilt and Its Effects in Criminal Law and Criminal Proceedings Law Areas
1.Admitting Guilt and Its FormsIn criminal law, according to the provisions of the new Criminal code, admitting guilt can take the form of a general criterion of punishment individualization provided by article 74, paragraph (1), letter f) - Criminal...
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