Tag Archives: Law

Women and Gender Equality in Chinese Law Today (Published)

The path towards equality of the sexes before the law has been a long road for China; one whose twists and turns have been sharp and crooked, and whose dips and crevices have been deep.  China has made great strides down this road, but there is much ground yet to cover.  Women in the world of Chinese law today are far better off than their counterparts a generation, or even a decade, ago; yet true gender equality has yet to be achieved.  This paper analyzes the status of women in the law in China.  It takes the form of a literature review of both Chinese and English language sources on the subject, drawing primarily from scholarly journals analyzing the subject going back as far as the late 1800s.  This paper looks primarily at the status of women in the legal academy and profession, but also delves into the world of civil (that is, family or domestic) law in China and the current situation of the average female litigant in disputes in this area.  In both instances, the status of women has been found to be disadvantaged in comparison to that of men.  The literature finds that the laconic state of women persists today largely due to entrenched cultural norms and perspectives regarding the role of women as subordinate to men, pressures resulting from a China that has and continues to undergo massive societal and economic transition, and uniquely also from modes and norms of communication and power-sharing (such as “guānxī” and “face”) that seem to disadvantage women socially.  These factors act as a countervailing force against more progressive trends that seek to build a more inclusive legal world for women in China, whether stemming from the rhetoric of the Communist Party or from the newer free market model which China has adopted.  Progress towards gender equality in the law in China has been substantial, but is still wanting.

Keywords: Divorce, Feminism, Law, Women

Prescription of the Lawsuit (Published)

The prescription of a law suit means that a right has been violated long ago and throughout this time the entity has not done the necessary actions for its protection. This relationship under the law does not allow this right to be enforced in a binding way. Thus, the passing of time during which the entity did not act to secure its protection, according to the law affects this legal relationship. The right to a law suit, as defined in the law, is the only opportunity to demand the enforcement of a mandatory civil law. The notion of the right of law suit relates to the notion of law suit. The law suit is the means by which the civil law or other rights arising out of certain legal relationships are protected and resettled by the court or other competent authority. This law suit protects not only subjective right but also objective right, because the competent body, by restoring the violated right, does not allow the violation of these norms of the law.[1]

[1]FetiGjilani “Prescription of the lawsuit according to the legislation of R.P.SH”

Keywords: Civil Law, Law, Lawsuit, Right of Law

Legal Protection of Customers ‘Funds in Terms Of Tort at Koperasi Cinta Kasih, Medan, Indonesia (Published)

Cooperative is one form of business entity that has a strategic role for the empowerment and strengthening  people’s economy. Cooperative as an economic institution of the people who have long known in Indonesia and the normative cooperative is a business entity with legal entity No. 154 / BH / 2006 which carry out the main business activities (the needs of facilities and infrastructure development) and savings and loan activities. This research  aims to analyze the legal protection provided to customers’ funds at Koperasi  Cinta Kasih Medan which carries out capital investment business which then experienced tort/default and is a normative legal research with related literature approach and legislation. The conclusion of this paper is if the loss of the cooperative due to the negligence of the cooperative management then the loss of the customer is borne by the cooperative management in accordance with the cooperative budget and if the cooperative suffers losses due to tort then the protection can be done through a default lawsuit.

Keywords: Client's Fund, Cooperative, Law, Tort

Freedom in Life and Its Necessity of Education (Published)

Freedom to carry out the decisions of an individual or community to do his will. If a man can take all the decisions, actions and organizational does not his limit he has absolute freedom. But because the people living in the community cannot have absolute freedom. Absolute freedom of the individual to society, leads to the violation of other people’s freedom. Every community has a special rule. As a result rules define the liberties of people in the world. And the Freedom to teach peoples that people according to this rate, to organize your life.

Keywords: Freedom, Human, Law, Learning, Teaching

Linkages between Green Energy Policies and Climate Change Law and Challenges towards a Greater Coherent Policy (Published)

All over the world, national governments and policy makers have been strong in their stance on the fight against global climate change due to human-made factors.  Climate change law and green energy policy were critical in the movement for using green or renewable energy sources in order to reduce greenhouse gas emissions and, therefore, slowing down the process of change in the earth’s climate.  The aim of this study is to understand the basics of climate change and green energy and to identify and understand the relationship between the two regulatory efforts.  It also aimed to identify the challenges in coming up a single, cohesive policy for the two regulatory efforts.  Through scanning literature, discussion on the basics of climate change and green or renewable energy were presented.  The study highlighted the aspects that established the linkages between the two regulatory efforts, which include (1) most of the green energy policies and climate change laws around the world were leaned towards the reduction of greenhouse gas emissions, and (2) the incentive-levy system to encourage the use of green energy sources.  Challenges facing the establishment of a cohesive policy for the two regulatory efforts include (1) difficulty of establishing a single framework for supporting green energy technologies that addresses both clean energy generation and climate change in a wider context, (2) challenges relating to process management of energy services, and (3) compatibility of the two regulatory efforts.

Keywords: Climate Change, Law, Linkages, coherent policy, green energy policies

The Legal Implications of Duty of Care (Published)

It is not for every careless act that a man may be held responsible in law, nor even for every careless act that causes damage. He will only be liable in negligence if he is under a legal duty to take care. It may be objected that “duty” is not confined to the law of negligence and that it is an element in every tort, because there is a legal duty not to commit assault or battery, not to commit nuisance and so forth. But all that “duty” signifies in these other torts is that you must not commit them. It throws no light on their essential ingredients. Thus it will not tell us what the plaintiff must prove in assault in order to be successful. Breach of it is not one of the internal factors which constitute these other torts. But in the tort of negligence breach of “duty” is the chief ingredient of the tort; in fact there is no other except damage to the plaintiff.

Keywords: Careless, Damage, Duty Care, Law, Legal Duty, Negligence, Plaintiff

Promisee’s Right to Bound Public Authorities to Their Promise: The Debate between the Doctrine of Estoppel and Legitimate Expectation (Published)

It is common place that public authorities sometimes give assurance to individual or group of citizen such as postponing development project, relocation, provision of benefits etc. As public administrative does not exist only to serves the interest of the representee, the rights and interest of others must be considered as well. Hence the ability of representee to enforce promises made by the authorities denotes administrative consistency and trust for the government. Traditionally, the representor is prevented by the private law doctrine of estoppel from resiling. However, the principle has gradually shifted towards collectivism. This essay revisit the principle behind the traditional doctrine and the current principle of legitimate expectation. In view of gradual acceptance of the latter, this essay discusses the viability of abolishing the traditional doctrine and the possible effect to future claims.

Keywords: Law, Public Administration, estoppel, legitimate expectation

NIGERIA, SHARIA PRAXIS AND NATIONAL INTEGRATION: ANY LESSONS FROM THE SUDAN EXPERIENCE? (Published)

This paper examines critically the implication of wide scale adoption of sharia in a multi religious and pluralistic Nigeria. Specifically, it studies the effect of the legal system on the national integration and unity which paradoxically constitutes mantra in the mouth of almost every Nigerian national. It is discovered that the entrenchment of the criminal and non-personal aspects of Islamic law by the core northern states had become a counter-point on the corporate existence of Nigeria. This is more so as the country’s Constitution had restricted the application of sharia to its personal regime. The Boko Haram menace that ravages the country and its environs may not be unconnected with the much dreamt of islamization of the whole sovereign enclave. Yet, it is further noted that the huge population of southern Christians that virtually constitute half of the nation’s population cannot be cowed into the proselytist agenda. This development is a threat to national unity. A comparative analysis of the socio-legal phenomenon in relation to Sudan before the emergence of South Sudan was a task before the writer, especially as the Muslim/Christian ratio in the pre-divided Sudan resembles that in Nigeria. More still, the comparison is ad rem as the north-south religious divide in both jurisdictions is almost coterminous. This study recommends national dialogue, religious toleration, patriotic spirit, avoidance of fanaticism, inter alia, as antidote to disintegration.

Keywords: Law, National integration, Nigeria, Sharia, South Sudan, Sudan

THE EFFECT OF LEGAL CORPORATE SOCIAL RESPONSIBILITY ON CONSUMER IDENTIFICATION AMONG SAFARICOM LIMITED COMPANY CLIENTS IN KAJIADO COUNTY, KENYA (Published)

The changing attitudes of consumers on environment, ecology, social responsibility, and the change of consumption habits is forcing organizations to include Corporate Social Responsibility CSR in their practice. The adoption of CSR policies is therefore no longer a matter of voluntary practice on the part of business. This study aimed at determining the effect that legal CSR has on consumer identification, However it also shows a two way relationship between CSR and law with market pressures being used to press for a new sense of responsibility. The study was carried out in Kajiado County. Explanatory survey was adapted where questionnaires in a seven point likert scale were administered to 325 Safaricom clients in the month of February 2014. Cluster sampling technique was used in selecting primary schools where Safaricom clients were studied, clients were divided into administrative divisions and then simple random sampling was done. The results of the study indicated that there was a statistical significant relationship between legal CSR and consumer identification. It was thus concluded that legal CSR has a significant effect on consumer identification.

Keywords: Consumer Identification, Law, Legal CSR, policies

THE EFFECT OF LEGAL CORPORATE SOCIAL RESPONSIBILITY ON CONSUMER IDENTIFICATION AMONG SAFARICOM LIMITED COMPANY CLIENTS IN KAJIADO COUNTY, KENYA (Published)

The changing attitudes of consumers on environment, ecology, social responsibility, and the change of consumption habits is forcing organizations to include Corporate Social Responsibility CSR in their practice. The adoption of CSR policies is therefore no longer a matter of voluntary practice on the part of business. This study aimed at determining the effect that legal CSR has on consumer identification, However it also shows a two way relationship between CSR and law with market pressures being used to press for a new sense of responsibility. The study was carried out in Kajiado County. Explanatory survey was adapted where questionnaires in a seven point likert scale were administered to 325 Safaricom clients in the month of February 2014. Cluster sampling technique was used in selecting primary schools where Safaricom clients were studied, clients were divided into administrative divisions and then simple random sampling was done. The results of the study indicated that there was a statistical significant relationship between legal CSR and consumer identification. It was thus concluded that legal CSR has a significant effect on consumer identification.

Keywords: Consumer Identification, Law, Legal CSR, policies

Clash of Cultures: The Interface between Islam and the West (Published)

The struggle for cultural supremacy is not only a fact of history but also an observable phenomenon of social existence. Perhaps, the frenzied defence of cultural identity is second only to the expression of territorial nationalism. Contemporary cultures of which Islam is a resilient part are engaged in a ceaseless war of survival. Following the 9/11 attack on the World Trade Centre in New York, Islam has come under intense scrutiny. What has followed is a feverish commitment to the obliteration of Islamic values at home and abroad and the intensification of the scheme to enthrone western culture. This raises many legal, constitutional and sociological questions as well as questions relating to the place of Islamic culture both on the international arena and within the Nigerian jurisdiction. The paper is dedicated both to defining the place of Islamic culture vis-a-vis freedom of conscience and the constitutional safeguards in place against the prejudices that confront Islamic civilisation.

Keywords: Civilisation, Culture, Democracy, Government, Ideology, Law, Religion.