{"title":"Optimising the UK and Commonwealth Constitutions","authors":"G. McBain","doi":"10.5539/jpl.v15n3p37","DOIUrl":"https://doi.org/10.5539/jpl.v15n3p37","url":null,"abstract":"Optimising the UK and Commonwealth Constitutions.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44619879","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Despite being federal secular states, the scope of Islamic law application and Islamic bureaucracy in both Nigeria and Malaysia has expanded tremendously under the influence of Islamist movements. Ideologically, Islamism aims to establish a political system based on Islamic tradition and the full implementation of Sharia law. Islamist activists in both countries have been working and pushing for the full implementation and enforcement of Islamic law including its criminal code which is also known as Hudud. Situating our analysis within a framework of the differentiated context of governance, this study expounds a comparative analysis of the processes of sharia implementation and the varying natures of human rights violation. Our analysis illustrates that the state failure in Nigeria cannot be resolved by replacing the secular political system with an Islamic one as the problem lies elsewhere. In Malaysia whereby state capacity in governance is much more effective, problems peculiar to the contemporary Islamic doctrine such as the theological interpretation of apostasy from the perspective of human rights are aggravated by a strong state capacity in regulating individual Muslims’ private lives. The tendency of seeing harsh punishment as an effective means of weeding out vices and associating it with the seriousness of the state in enforcing Islamic belief leads to the loss of a sense of jurisprudential proportionality, and a zero-sum-game mentality vis-à-vis the respect for human dignity and liberty for both Muslims and non-Muslims alike.
{"title":"Sharia Politics in Nigeria and Malaysia: Governance, Islamization and Human Rights","authors":"T. Kolawole, Helen Ting M. H.","doi":"10.5539/jpl.v15n3p25","DOIUrl":"https://doi.org/10.5539/jpl.v15n3p25","url":null,"abstract":"Despite being federal secular states, the scope of Islamic law application and Islamic bureaucracy in both Nigeria and Malaysia has expanded tremendously under the influence of Islamist movements. Ideologically, Islamism aims to establish a political system based on Islamic tradition and the full implementation of Sharia law. Islamist activists in both countries have been working and pushing for the full implementation and enforcement of Islamic law including its criminal code which is also known as Hudud. Situating our analysis within a framework of the differentiated context of governance, this study expounds a comparative analysis of the processes of sharia implementation and the varying natures of human rights violation. Our analysis illustrates that the state failure in Nigeria cannot be resolved by replacing the secular political system with an Islamic one as the problem lies elsewhere. In Malaysia whereby state capacity in governance is much more effective, problems peculiar to the contemporary Islamic doctrine such as the theological interpretation of apostasy from the perspective of human rights are aggravated by a strong state capacity in regulating individual Muslims’ private lives. The tendency of seeing harsh punishment as an effective means of weeding out vices and associating it with the seriousness of the state in enforcing Islamic belief leads to the loss of a sense of jurisprudential proportionality, and a zero-sum-game mentality vis-à-vis the respect for human dignity and liberty for both Muslims and non-Muslims alike.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46475154","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This research aims to achieve two goals: first and foremost, clarify the similarities and dissimilarities among statutory (legal) presumptions, judicial (factual) presumptions and legal fictions. The second is to provide a set of theoretical tools that can correctly distinguish two types of presumptions from legal fictions, so as to facilitate the accurate identification and application of those three by Chinese judges in their judicial practice. This study mainly adopts two research methods: legal theory analysis and law article analysis. The research results of this paper mainly are: first, compared with legal fictions, two types of statutory presumptions are more or less refutable. Their differences are as follows: on the one hand, the scope of refutation is different; on the other hand, the difficulty of refutation is different, too. Second, litigators are forbidden to refute the conclusive part of an applied legal fiction, but they can disprove its premise fact. By nature, that refutation is “a challenge against the lawfulness of that legal fiction’s usage”. Third, for related ultimate facts, the using of statutory presumptions will not lead to their reversed burden of persuasion. Fourth, when the principle of presumptive fault is applied, as for the issue of whether the defendant has subjective fault or not, the related burden of persuasion will be reversed to be assumed by the defendant. By comparison, in the usage of statutory presumptions, there will be no inversion of burden of persuasion. Fifth, direct denials, indirect denials and defenses can be used to rebut premise facts of the legal fiction, basic facts of two types of statutory presumptions, and presumptive facts of the refutable statutory presumptions. Sixth, when direct denials and indirect denials are launched, the evidence is the disproving evidence (Gegenbeweis). When the defenses are raised, the evidence is the proving evidence (Hauptbeweis). Seventh, the successful effect of discrediting basic facts of refutable statutory presumption: the using of that presumption lacks legitimacy, so the corresponding presumptive facts are untenable, too. Eighth, the successful effect of contradicting the presumptive facts of the refutable statutory presumption: while those presumptive facts are proved groundless, the related basic facts will be considered as confirmed continually. And finally, the successful effect of disproving basic facts of irrefutable statutory presumption: because it has been proved that the using of that presumption is lack of lawfulness, the related presumptive facts can not be sustained, either. By making use of those aforesaid study results, 28 statutory presumptions and 30 legal fictions are identified in the Civil Code of China.
{"title":"Contextualizing Relations Between Presumptions and Legal Fictions: An Analysis of the Chinese Civil Code","authors":"Du Wen","doi":"10.5539/jpl.v15n3p1","DOIUrl":"https://doi.org/10.5539/jpl.v15n3p1","url":null,"abstract":"This research aims to achieve two goals: first and foremost, clarify the similarities and dissimilarities among statutory (legal) presumptions, judicial (factual) presumptions and legal fictions. The second is to provide a set of theoretical tools that can correctly distinguish two types of presumptions from legal fictions, so as to facilitate the accurate identification and application of those three by Chinese judges in their judicial practice. This study mainly adopts two research methods: legal theory analysis and law article analysis. The research results of this paper mainly are: first, compared with legal fictions, two types of statutory presumptions are more or less refutable. Their differences are as follows: on the one hand, the scope of refutation is different; on the other hand, the difficulty of refutation is different, too. Second, litigators are forbidden to refute the conclusive part of an applied legal fiction, but they can disprove its premise fact. By nature, that refutation is “a challenge against the lawfulness of that legal fiction’s usage”. Third, for related ultimate facts, the using of statutory presumptions will not lead to their reversed burden of persuasion. Fourth, when the principle of presumptive fault is applied, as for the issue of whether the defendant has subjective fault or not, the related burden of persuasion will be reversed to be assumed by the defendant. By comparison, in the usage of statutory presumptions, there will be no inversion of burden of persuasion. Fifth, direct denials, indirect denials and defenses can be used to rebut premise facts of the legal fiction, basic facts of two types of statutory presumptions, and presumptive facts of the refutable statutory presumptions. Sixth, when direct denials and indirect denials are launched, the evidence is the disproving evidence (Gegenbeweis). When the defenses are raised, the evidence is the proving evidence (Hauptbeweis). Seventh, the successful effect of discrediting basic facts of refutable statutory presumption: the using of that presumption lacks legitimacy, so the corresponding presumptive facts are untenable, too. Eighth, the successful effect of contradicting the presumptive facts of the refutable statutory presumption: while those presumptive facts are proved groundless, the related basic facts will be considered as confirmed continually. And finally, the successful effect of disproving basic facts of irrefutable statutory presumption: because it has been proved that the using of that presumption is lack of lawfulness, the related presumptive facts can not be sustained, either. By making use of those aforesaid study results, 28 statutory presumptions and 30 legal fictions are identified in the Civil Code of China.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48525227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Reviewer acknowledgements for Journal of Politics and Law, Vol. 15, No. 2, 2022
《政治与法律杂志》2022年第2期第15卷的审稿人致谢
{"title":"Reviewer Acknowledgements for Journal of Politics and Law, Vol. 15, No. 2","authors":"William Tai","doi":"10.5539/jpl.v15n2p60","DOIUrl":"https://doi.org/10.5539/jpl.v15n2p60","url":null,"abstract":"Reviewer acknowledgements for Journal of Politics and Law, Vol. 15, No. 2, 2022","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42891315","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Legal translation is one of the challenging domains for translation students. In Saudi Arabia, university translation students are reported to encounter difficulties while translating legal contracts from English to Arabic and vice versa. Also, the literature shows that translation students use certain strategies to overcome these difficulties. This study attempted to examine the most common challenges/difficulties encountered by Saudi translation students when translating legal contracts and the strategies used by them to overcome such difficulties. In order to achieve these goals, the researcher used the descriptive analytical approach and used the questionnaire instrument in order to collect the data from the research sample. The population of this research consisted of all Saudi translation students in two Saudi universities, namely King Saud University and Imam Mohammad Ibn Saud Islamic University. The research population are those students who study at the English language department in each university in the fourth year whose number is (106) students. The target sample is (50%) of the research population. So, the sample size is (53) students, being selected randomly. The findings of the study showed that legal binominal expressions and parallel structure, the structure of legal sentences, the multiple negatives, and the legal text layout are the major challenges that encounter Saudi translation students when translating legal contracts. On the other hand, parallel texts, CAT tools, and Google translation have been reported as strategies used by Saudi translation students to overcome the difficulties they face when they translate legal contracts. The results of the study have important implications for translation teachers, translation syllabus designers, universities, and translation students.
{"title":"Problems of Translating Legal Contracts: Perspectives of Saudi Translation Students","authors":"Nouf E. Alshaikh","doi":"10.5539/jpl.v15n2p50","DOIUrl":"https://doi.org/10.5539/jpl.v15n2p50","url":null,"abstract":"Legal translation is one of the challenging domains for translation students. In Saudi Arabia, university translation students are reported to encounter difficulties while translating legal contracts from English to Arabic and vice versa. Also, the literature shows that translation students use certain strategies to overcome these difficulties. This study attempted to examine the most common challenges/difficulties encountered by Saudi translation students when translating legal contracts and the strategies used by them to overcome such difficulties. In order to achieve these goals, the researcher used the descriptive analytical approach and used the questionnaire instrument in order to collect the data from the research sample. The population of this research consisted of all Saudi translation students in two Saudi universities, namely King Saud University and Imam Mohammad Ibn Saud Islamic University. The research population are those students who study at the English language department in each university in the fourth year whose number is (106) students. The target sample is (50%) of the research population. So, the sample size is (53) students, being selected randomly. The findings of the study showed that legal binominal expressions and parallel structure, the structure of legal sentences, the multiple negatives, and the legal text layout are the major challenges that encounter Saudi translation students when translating legal contracts. On the other hand, parallel texts, CAT tools, and Google translation have been reported as strategies used by Saudi translation students to overcome the difficulties they face when they translate legal contracts. The results of the study have important implications for translation teachers, translation syllabus designers, universities, and translation students.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46941703","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Preference or Pre-emption Right means the power of one party to acquire a certain object to the detriment of another making an identical claim, we need to establish a distinction by looking at the different powers underlying this act of preferring. If there are many preferences, the pre-emption over cultural property, also known as artistic or cultural preference, is a true category among other preferences. After studying the exercising of pre-emption rights, as well as their respective consequences, about Portuguese Law, we must ascertain their effectiveness, not only in terms of their viability in the effective acquisition of objects but, and equally, the objectives which this aims to pursue in terms of achieving the protection of cultural heritage.
{"title":"Preference or Pre-Emption Right for Cultural Objects","authors":"J. Ramos","doi":"10.5539/jpl.v15n2p32","DOIUrl":"https://doi.org/10.5539/jpl.v15n2p32","url":null,"abstract":"Preference or Pre-emption Right means the power of one party to acquire a certain object to the detriment of another making an identical claim, we need to establish a distinction by looking at the different powers underlying this act of preferring. If there are many preferences, the pre-emption over cultural property, also known as artistic or cultural preference, is a true category among other preferences. After studying the exercising of pre-emption rights, as well as their respective consequences, about Portuguese Law, we must ascertain their effectiveness, not only in terms of their viability in the effective acquisition of objects but, and equally, the objectives which this aims to pursue in terms of achieving the protection of cultural heritage.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47486795","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
When the People’s Republic of China was excluded from US president Biden’s guest list for the virtual Summit for Democracy in December 2021, it reacted with a detailed self-depiction of the Chinese political system as a “Democracy That Works” to rebut US claims to be the world’s leading democracy. While the international media saw this as a surprise narrative, China’s “democratic” self-image has a long trajectory going back to the days of Mao Zedong and now elaborated more systematically under Xi Jinping. Based on a close reading of Chinese party-state documents, white papers, state media coverage, etc., this article analyzes the official career of the concept of “democracy” in Chinese Communist Party jargon and dissects the messages targeted at domestic and international audiences. It finds that the official self-depiction of “Chinese democracy” does not contradict, but rather complements the legitimation of Communist Party rule at home, buffering nationalist sentiments there. Despite its lack of persuasiveness vis-à-vis Western audiences, its underlying criticism of US democracy, and its subtle claims regarding China’s global leadership, the official vision might gain traction among other emerging powers and developing countries.
{"title":"Inside “Chinese Democracy”: The Official Career of a Contested Concept under Xi Jinping","authors":"Heike Holbig","doi":"10.5539/jpl.v15n2p21","DOIUrl":"https://doi.org/10.5539/jpl.v15n2p21","url":null,"abstract":"When the People’s Republic of China was excluded from US president Biden’s guest list for the virtual Summit for Democracy in December 2021, it reacted with a detailed self-depiction of the Chinese political system as a “Democracy That Works” to rebut US claims to be the world’s leading democracy. While the international media saw this as a surprise narrative, China’s “democratic” self-image has a long trajectory going back to the days of Mao Zedong and now elaborated more systematically under Xi Jinping. Based on a close reading of Chinese party-state documents, white papers, state media coverage, etc., this article analyzes the official career of the concept of “democracy” in Chinese Communist Party jargon and dissects the messages targeted at domestic and international audiences. It finds that the official self-depiction of “Chinese democracy” does not contradict, but rather complements the legitimation of Communist Party rule at home, buffering nationalist sentiments there. Despite its lack of persuasiveness vis-à-vis Western audiences, its underlying criticism of US democracy, and its subtle claims regarding China’s global leadership, the official vision might gain traction among other emerging powers and developing countries.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43677430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Reviewer acknowledgements for Journal of Politics and Law, Vol. 15, No. 1, 2022.
《政治与法律杂志》2022年第15卷第1期的审稿人致谢。
{"title":"Reviewer Acknowledgements for Journal of Politics and Law, Vol. 15, No. 1","authors":"William Tai","doi":"10.5539/jpl.v15n1p65","DOIUrl":"https://doi.org/10.5539/jpl.v15n1p65","url":null,"abstract":"Reviewer acknowledgements for Journal of Politics and Law, Vol. 15, No. 1, 2022.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41728035","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Guasman Tatawu, H. Herman, Rahman Hasima, Fitriah Faisal
The purpose of this research is to find out the legal protection of Intellectual Property rights for MSME products in Kendari City and the efforts of the Kendari City government in order to provide legal protection of intellectual property rights over MSMEs products. This research uses normative juridical research methods, namely legal research conducted by examining library materials or secondary data as basic materials to be researched by conducting a search of regulations and literature related to the problems studied. This research emphasizes and used the approaches such as statute approach and conceptual approach. The results showed that: 1) The legal protection of intellectual property rights to MSMEs products in Kendari City included brand protection, copyright, industrial design, trade secrets, and patents. Brand Protection is the most widely used choice by MSMEs in Kendari City to create a strategic bargaining position on a national and international scale. This is in accordance with the data of IPR registration applications in Kendari City which is dominated by registration of brand registration applications. Types of IPR protection other than brands can also be utilized by MSMEs by looking at the advantages and disadvantages of IPR protection for use in business activities carried out, and 2) Efforts of the Kendari City government to protect and empower Small and Medium Micro Enterprises in Kendari City include: a) Increasing human resources Capacity through technical guidance, b) Providing training and socialization to MSME actors regarding IPR registration procedures, c) The IPR registration fee of MSME products is cheaper, d) Give an Intensive financing to IPR registration for MSME products.
{"title":"Legal Protection of Intellectual Property Rights for Micro, Small and Medium Enterprises (MSMEs) Products in Kendari City","authors":"Guasman Tatawu, H. Herman, Rahman Hasima, Fitriah Faisal","doi":"10.5539/jpl.v15n2p13","DOIUrl":"https://doi.org/10.5539/jpl.v15n2p13","url":null,"abstract":"The purpose of this research is to find out the legal protection of Intellectual Property rights for MSME products in Kendari City and the efforts of the Kendari City government in order to provide legal protection of intellectual property rights over MSMEs products. This research uses normative juridical research methods, namely legal research conducted by examining library materials or secondary data as basic materials to be researched by conducting a search of regulations and literature related to the problems studied. This research emphasizes and used the approaches such as statute approach and conceptual approach. The results showed that: 1) The legal protection of intellectual property rights to MSMEs products in Kendari City included brand protection, copyright, industrial design, trade secrets, and patents. Brand Protection is the most widely used choice by MSMEs in Kendari City to create a strategic bargaining position on a national and international scale. This is in accordance with the data of IPR registration applications in Kendari City which is dominated by registration of brand registration applications. Types of IPR protection other than brands can also be utilized by MSMEs by looking at the advantages and disadvantages of IPR protection for use in business activities carried out, and 2) Efforts of the Kendari City government to protect and empower Small and Medium Micro Enterprises in Kendari City include: a) Increasing human resources Capacity through technical guidance, b) Providing training and socialization to MSME actors regarding IPR registration procedures, c) The IPR registration fee of MSME products is cheaper, d) Give an Intensive financing to IPR registration for MSME products.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47575286","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The issue of compensating the legal person for the moral damage it causes to it has raised a great argument of controversy in Jordan, especially in light of the refusal to recognize the rights attached to the natural person of the legal person. This research came to identify the legal nature of the legal personality and the moral damage and the position of the Jordanian law on it, and to determine the feasibility, adequacy and appropriateness of the legal texts contained in the Jordanian civil law in knowing the extent to which the legal person may be compensated for moral damage. Using the opinions of jurists and judicial and explanatory decisions, the researcher has found that moral damage has multiple forms, a research that arises from the act and assault carried out by the aggressor. As a result, it is not appropriate to limit moral damage to rigid legal texts based on what is stated in the legislation and decisions of the esteemed Court of Cassation, as the researcher recommends. The Jordanian legislator should include general provisions clarifying the civil liability of the legal person, and the researcher recommends a separate chapter in the civil law to talk about the moral damage and its multiple meanings and aspects and how to rule for compensation and claim it.
{"title":"Compensating a Legal Person for Moral Damage in Jordanian Law","authors":"Mohammad Mahjoob Almaharmeh","doi":"10.5539/jpl.v15n2p1","DOIUrl":"https://doi.org/10.5539/jpl.v15n2p1","url":null,"abstract":"The issue of compensating the legal person for the moral damage it causes to it has raised a great argument of controversy in Jordan, especially in light of the refusal to recognize the rights attached to the natural person of the legal person. This research came to identify the legal nature of the legal personality and the moral damage and the position of the Jordanian law on it, and to determine the feasibility, adequacy and appropriateness of the legal texts contained in the Jordanian civil law in knowing the extent to which the legal person may be compensated for moral damage. Using the opinions of jurists and judicial and explanatory decisions, the researcher has found that moral damage has multiple forms, a research that arises from the act and assault carried out by the aggressor. As a result, it is not appropriate to limit moral damage to rigid legal texts based on what is stated in the legislation and decisions of the esteemed Court of Cassation, as the researcher recommends. The Jordanian legislator should include general provisions clarifying the civil liability of the legal person, and the researcher recommends a separate chapter in the civil law to talk about the moral damage and its multiple meanings and aspects and how to rule for compensation and claim it.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41923956","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：