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Contents: I. History of the Korean Civil Code II. Background for Initiation of the Amendment of the Civil Code (Property Law) and their Progress III. Fundamental Direction of the Amendment of the Civil Code (Property Law) IV. Major Foreign Statutes Used as Reference for the Amendment of the Civil Code (Property Law) V. Major Details of the Amendment of the Civil Code (Property Law) VI. Concluding Remarks: Evaluation
ENGLISH ACADEMIC LITERARY DISCOURSE IN SOUTH AFRICA 1958-2004: A REVIEW OF 11 ACADEMIC JOURNALS
(2007)
This study examines the discipline of English studies in South Africa through a review of articles published in 11 academic journals over the period 1958"2004. The aims are to gain a better understanding of the functions of peer-reviewed journals, to reveal the presence of rules governing discursive production, and to uncover the historical shifts in approach and choice of disciplinary objects. The Foucauldian typology of procedures determining discursive production, that is: exclusionary, internal and restrictive procedures, is applied to the discipline of English studies in order to elucidate the existence of such procedures in the discipline. Each journal is reviewed individually and comparatively. Static and chronological statistical analyses are undertaken on the articles in the 11 journals in order to provide empirical evidence to subvert the contention that the discipline is unruly and its choice of objects random. The cumulative results of this analysis are used to describe the major shifts primarily in ranges of disciplinary objects, but also in metadiscursive and thematic debates. Each of the journals is characterised in relation to what the overall analysis reveals about the mainstream developments. The two main findings are that, during the period under review, South African imaginative written artefacts have moved from a marginal position to the centre of focus of the discipline; and that the conception of what constitutes the "literary" has returned to a pre-Practical criticism definition, broadly inclusive of a variety of types of artefact including imaginative writing, such as autobiography, letters, journals and orature.
The article deals with the responsibility of the financial sector under criminal law in Germany. This question has been of special interest since the beginning of the financial crisis. The author argues that the transactions of asset-backed securities based on American subprime mortgages fulfill all legal elements of the criminal offence "breach of trust" (Untreue). From the author's point of view, the people's legal loyalty would be severely affected if there were no criminal proceedings against such bankers who purchased those toxic asset-backed securities without sufficient information on their structure and value. Refraining from criminal prosecution even in cases causing high loss would send a dangerous signal towards the investment banking industry.
Major threats to the Spanish Constitutional Court’s independence and authority have come, first, from political parties and the media and, second, by the Catalonian secession movement. The authority and the legitimacy of the Constitutional Court were tested in the stormy
proceedings on the Statute of Autonomy of Catalonia of 2006 that ended in 2010 and, above all, in the period of 2013–2017, when successive acts directed at the secession of were recurrently Catalonia challenged before the Court and subsequently overturned, and to stop the continued disobedience its rulings the of Court was given extended execution powers for its judgments. These new powers include the temporary replacement of any authority or public official that does not comply with a Court’s ruling and the ordering of a substitutive execution through the central government. The Court declared the new powers to be consistent with the Constitution (with three dissenting votes by four constitutional judges) and it even used them for the first time to enforce its prohibition of the referendum on the independence of Catalonia of 1 October 2017. Nevertheless, the Venice Commission has raised doubts about the opportunity of those powers, which are unusual in European constitutional jurisdiction models. At the end, the Court’s powers were not enough to stop the Catalonian secession process, and on 27 October 2017 the state government implemented the federal coercion clause and suspended Catalonian autonomy until new elections were held.
Subject of this publication is torture as an interrogational instrument in criminal proceedings from a legal history point of view. Thereby, the author makes a distinction between torturing the accused on the one hand and, on the other hand, torture as an instrument to force a witness' incriminating testimony against third parties (in German: Zeugenfolter), torture as a means to avert dangers (lifesaving torture), torture as an additional cruelty to the accused's punishment (in German: Straffolter), and corporal punlishment for lying in a court. Only the first manifestation, namely torturing the accused intending to extort his confession, is the real subject of this paper.
Subject of this publication is torture as an interrogational instrument in criminal proceedings from a legal history point of view. Thereby, the paper at hand is the continuation of Volume I (published in 2014, number 68 of the Legal Policy Forum).
Volume II covers the following historical periods: Late Middle Ages and Early Modern Age; the latter ending with the 18th century as the so called Century of Enlightenment, being the actual beginning of the Modern Age in criminal law and criminal procedure law.
The paper ends with critical remarks against the predominant view that the torture's reign of terror in the former inquisitionsprozess merely was the inevitable consequence of the unreasonable kaw on evidence applicable at that time.
In his article, the author asks how legitimacy of law and the concept of rules of law can be described taking into account the interaction between aspects of philosophy and sociology as well as the will of the state in states' constitutions. As the rule of law, versus other kinds of rules in our society, should be regarded as a rule of "three-dimensionality" " an interaction between the will of the state, the social, historical, and economic factors, and the idea or concept of justice ", the author focuses his interest on the examination of these three factors always taking into account that law is the will of the state, but that not every decision of the state can be considered as law.
In recent years, Islamic banking has been one of the fastest growing markets in the financial world. Even to German banks, Islamic finance is not as 'foreign' as one might think. Indeed, several banks are already operating so-called "Islamic windows" in various Arab countries. However, German banks are still reluctant to offer 'Islamic' products in Germany, despite the fact that approximately 3.5 million Muslims currently live there. Potential reasons for this reluctance include widespread misunderstanding of Islamic banking in Germany and prevailing cultural prejudice towards Islam generally. The author seeks to address these concerns and to take an objective approach towards understanding the potential for Islamic banking in Germany. Legally, Islamic law cannot be the governing law of any contract in Germany. Therefore, the aim must be to draft contracts that are both enforceable under German law and consistent with the principles of Shari'a " the Islamic law. In this paper, the author gives a detailed legal analysis of the most common Islamic banking products and how they could be given effect under German law, while attempting to address widespread concerns about arbitration or parallel Shari'a courts. This publication is one of the first legal analysis of Islamic banking products in Germany. As such, its goal is not to be the final word, but rather to begin the conversation about potential problems and conflicts of Islamic banking in Germany that require further investigation.
In a case of robbery, some people actually use violence to steal - but others may supply information or weapons, make the plans, act as lookouts, provide transport. Certainly the actual robbers are guilty - but what of the others? How does Hong Kong's version of the common law answer this question now? How should the question be answered in the future?