Search results for 'Limits of legal regulation' (try it on Scholar)

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  1. Vaidas Jurkevičius (2013). The Nature of Legal Regulation of Political Party Funding: Interaction Between Public and Private Law. Jurisprudence 20 (1):141-164.score: 803.0
    This article presents the dual conception of legal regulation of funding of political parties. In general, funding of political parties is considered as part of public law, however, this article explains that it also could be understood as an institute of private law. When funding of political parties is analysed not only through the conception of public law, but also taking into consideration the idea of private law, it is possible to apply different (than usual) principles of (...) regulation of such relations. Those principles are followed in this article in order to reveal different practical problems pertaining to legal regulation of political party funding. A conclusion is made that the legal provisions on funding of political parties form an integral system that consists of both public law and private law provisions. The relations when natural and legal persons assign property to political parties are considered as part of private law and those property relations that are based on state subsidies to political parties or other financial support by the state are the object of public law regulation. In the case of Lithuania, all such relations are regulated by the Law on Funding of, and Control Over Funding of Political Parties and Political Campaigns, which is an act of private law and also a source of public law. The legal regulation that stems from this law is supplemented by the Civil Code of the Republic of Lithuania and other related laws. The legislator, while regulating the legal relations pertaining to the funding of political parties, and the courts, when dealing with disputes related to those relations, are advised to take into consideration the general principles of civil law. It is important to point out that some legal provisions of the Law on Funding of Political Parties that are in force as of 1 January 2012 are against those principles. A prohibition for legal persons and limitations for natural persons to fund political parties should be critically considered, since those restrictions limit the possibilities for private persons to dispose their property and for political parties – to acquire it. Moreover, it is important to point out that such restrictions can be circumvented by assigning property through a third party and by other legal means. In order to avoid such cases, it is recommended to provide an opportunity for natural and legal persons to fund political parties, but with reasonable limitations for such donations. (shrink)
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  2. Bijan Fateh-Moghadam & Thomas Gutmann (2014). Governing [Through] Autonomy. The Moral and Legal Limits of “Soft Paternalism”. Ethical Theory and Moral Practice 17 (3):383-397.score: 768.0
    Legal restrictions of the right to self-determination increasingly pretend to be compatible with the liberal concept of autonomy: they act upon a ‘soft’ or autonomy-orientated paternalistic rationale. Conventional liberal critique of paternalism turns out to be insensitive to the intricate normative problems following from ‘soft’ or ‘libertarian’ paternalism. In fact, these autonomy-oriented forms of paternalism could actually be even more problematic and may infringe liberty rights even more intensely than hard paternalistic regulation. This paper contributes to the systematic (...)
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  3. Virginijus Kanapinskas & Algimantas Urmonas (2011). Changes of Legal Regulation on Natural Gas Market in the Context of the Third European Union Energy Package. Jurisprudence 18 (1):233-249.score: 697.5
    The article analyzes the changes of legal regulation on natural gas market in the context of the third European Union (EU) energy package. The paper consists of the introduction, two parts and conclusions. The first part analyses the main provisions on the natural gas market of the Third EU energy package. The second part of the paper focuses on the effect of the Third EU energy package on legal regulation of natural gas market in Lithuania. For (...)
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  4. Andrejus Novikovas (2012). Peculiarities of Administrative Legal Regulation of Metrology. Jurisprudence 19 (4):1515-1527.score: 686.3
    The main aim of this research is to analyse the peculiarities of legal regulation of metrology and the problems arising in this area. The content of the article is divided into two parts. The first part of the article analyses the concept of metrology, reveals the relation between fundamental and legal metrology and accentuates problems of metrology as well as repressive means applied in the metrological procedure. The second part analyses the European Union as well as national (...)
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  5. Algimantas Urmonas & Virginijus Kanapinskas (2010). The Supervision of Business Entities in Lithuania: Key Problems of the Legal Regulation and Possible Solutions. Jurisprudence 121 (3):317-327.score: 684.0
    The article analyses the legal, economic and other problems of the legal regulation of supervision of business entities in Lithuania and outlines solutions to these problems. The first chapter describes the present situation of the legal regulation of supervision of businesses in Lithuania. The second chapter analyses the problems of the legal regulation of business supervision that the authors consider the most important. The article concludes by offering solutions to the key issues identified.
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  6. Indrė Špokienė (2011). Legal Regulation of Homeopathy in the European Union and Lithuania. Jurisprudence 18 (4):1567-1591.score: 684.0
    Homeopathy is a non-traditional medical treatment which came to Europe a few hundred years ago and is presently attributed to the complementary and alternative medicine. Although the assessment of evidence on effectiveness of homeopathic medicinal products has been very contradictory, homeopathy in practice is the only form of alternative medicine that has received certain legal recognition. The paper focuses on the study of the legal regulation of homeopathy in the European Union and in national law. The author (...)
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  7. Saulius Katuoka & Vaida Česnulevičiūtė (2012). European Private Company: Perspectives of Legal Regulation. Jurisprudence 19 (1):159-178.score: 625.5
    The purpose of this article is to analyse the main provisions of the European private company not limited by the provisions as presented by the European Commission in its Proposal for a Council Regulation on the statute for European private company, but also including amendments introduced by the European Parliament and taking into account the negotiations in the Council of the European Union. This article analyses the development of the European private company and explains why such legal form (...)
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  8. Mindaugas Kiškis (2010). Legal Regulation of Electronic Marketing. Jurisprudence 121 (3):349-370.score: 600.5
    The article analyses the legal regulation of electronic marketing in the European context. The historical and teleological perspective on past and present regulations of electronic marketing is provided. Emphasis is given on the ability of the legal rules to preserve the balance of private and entrepreneurial interests, and the desirable principles of the regulation of the socially beneficial electronic marketing. The paper concludes that the harmonization of legal regulation of electronic marketing at the European (...)
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  9. Danguolė Klimkevičiūtė (2009). The Boundaries of Legal Protection of Well-Known Trademarks: Problems of Legal Regulation. Jurisprudence 115 (1):267-294.score: 596.3
    The legal protection of well-known trademarks is an exception to the fundamental principles of trademark law, i.e. territorality, registration and „speciality“. The well-known trademark is protected even if it had not been registered according to the national legal regulation of that state, in which protection is sought. The well-known trademark can also be protected even in respect to the goods and (or) services which are not similar to those for which the well-known trademark is used or registered (...)
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  10. Inga Kudinavičiūtė-Michailovienė (2011). Pecularities of Legal Regulation of Marriage Contracts. Jurisprudence 18 (1):143-159.score: 567.5
    Under the market economy, a contract serves as the main regulatory instrument of mutual rights and obligations of private law subjects. Many different types of contracts allow people to satisfy their needs and to achieve the desired results. Most contracts are concluded subject to established common criteria, yet almost every type of contract has also its own specifics. The article examines the marriage contract with its particular features (subjects, content, etc.) and analyses its complex nature and its main purpose. The (...)
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  11. Aviram Ravitsky (2011). Saadya Gaon and Maimonides on the Logic and Limits of Legal Inference in Context of the Karaite-Rabbanite Controversy. History and Philosophy of Logic 32 (1):29-36.score: 533.3
    Saadya Gaon (882 ? 942), one of the outstanding Rabbis in the period of the Geonim, rejected the legitimacy of legal inference, as part of his polemics with his contemporary Karaite scholars. The paper analyzes Saadya's stance regarding the logical basis of legal inference, and shows that Saadya's distinction between reason and revelation in the domain of legal inference is only in regard to the ?illah? the factor that connects the case with its law. The rationality of (...)
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  12. Annija Kārkliņa (2013). Dissolution of Parliament in Latvia: Legal Regulation and Practice. Jurisprudence 20 (3):1213-1229.score: 533.3
    The article analyses the regulation for premature termination of the Parliament in Latvia. The introductory part of the article provides a short characteristic of the Constitution of Latvia - the Satversme adopted in 1922, and outlines the basic principles of legal regulation of the Parliament, i.e. the Saeima. Further chapters of the article analyse historic development of the premature termination of the Parliament. On 15 February, 1922, when the Satversme was adopted, only one mechanism for the premature (...)
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  13. Ramūnas Birštonas, Nijolė Janina Matulevičienė & Jūratė Usonienė (2011). Problems of Legal Regulation of Performers' Economic Rights in Lithuania (article in Lithuanian). Jurisprudence 18 (3):995-1017.score: 526.5
    This article aims to analyze the legal regulation of performers’ rights in Lithuania. Analysis is divided in two parts: the first part analyses performers’ economic rights by comparing them to the authors’ economic rights and the legal regulation of performers’ rights in foreign countries; the second part of article focuses on the different content of performers’ economic rights due to the mean of fixation of performance (unfixed performance, performance fixed to the phonogram, audiovisual fixation of performance). (...)
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  14. Matthias Fink, Rainer Harms & Isabella Hatak (2012). Nanotechnology and Ethics: The Role of Regulation Versus Self-Commitment in Shaping Researchers' Behavior. [REVIEW] Journal of Business Ethics 109 (4):569-581.score: 524.0
    The governance of nanotechnology seeks to limit its risks, without constraining opportunities. The literature on the effectiveness of approaches to governance has neglected approaches that impact directly on the behavior of a researcher. We analyze the effectiveness of legal regulations versus regulation via self-commitment. Then, we refine this model by analyzing competition and autonomy as key contingency factors. In the first step, qualitative interviews with nanotechnology researchers are conducted to reflect this model. In the second step, its empirical (...)
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  15. Jacqueline A. Laing (2004). Law, Liberalism and the Common Good. In D. S. Oderberg & Chappell T. D. J. (eds.), Human Values: New Essays on Ethics and Natural Law. Palgrave Macmillan.score: 522.0
    There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification for (...)
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  16. Eric A. Posner (1996). The Legal Regulation of Religious Groups. Legal Theory 2 (1):33-62.score: 517.5
    Although much legal scholarship discusses the meaning of the religion clauses of the U.S. Constitution, very few articles analyze the ways in which state regulation affects actors' incentives to engage in religious behavior. Yet the question of how a law influences religious behavior is important for determining whether various laws are desirable, and whether they violate constitutional constraints. This article draws on recent economic models of religious organization to analyze the ways in which laws affect the behavior of (...)
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  17. Darius Štitilis, Paulius Pakutinskas, Inga Dauparaitė & Marius Laurinaitis (2011). Preconditions for Legal Regulation of Personal Identification in Cyberspace. Jurisprudence 18 (2):703-724.score: 513.8
    The article analyses legal preconditions for personal identification in physical and electronic space (hereinafter – cyberspace). Analysis of legal governing of identification in physical space is followed by the analysis of the same in cyberspace. Compulsory elements of identification in physical space and compulsory and non-compulsory elements of identification in cyberspace are provided which leads to conclusions about problem aspects concerning personal identification in cyberspace and related legal governing. This scientific article consists of four main chapters. The (...)
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  18. Arlie Loughnan (2014). The Limits of Criminal Law: A Comparative Analysis of Approaches to Legal Theorizing by Carl Constantin Lauterwein. [REVIEW] Criminal Law and Philosophy 8 (3):687-691.score: 513.0
    On one level, the focus of The Limits of Criminal Law is captured by its title—the book is concerned with the legitimate boundaries of the criminal law. Lauterwein sets out different approaches to this topic in the German and Australian legal contexts. The book does not formally adopt a comparative methodology, but rather presents ‘an analysis using contextual and comparative elements’ (p. 45). He concentrates on analysing discussion of the limits of the criminal law in Australia, using (...)
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  19. Agnė Tikniūtė & Saulė Milčiuvienė (2012). Legal Regulation of Renewable Energy Market. Jurisprudence 19 (4):1495-1513.score: 513.0
    The aim of this article is to address the regulatory framework as one of the key factors determining the success of creation of single market for renewable energy. No one could possibly argue that non-discriminative and consistent legal regulation plays a big role in the creation of a single market. Therefore, the question of legal capability to create the single market for renewable energy and the overall quality of present regulatory framework is at the centre of this (...)
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  20. Edita Gruodytė (2012). Legal Aspects of Regulation of Abortion in the Context of Jurisprudence of the European Court of Human Rights. Jurisprudence 19 (2):739-752.score: 508.5
    Regulatory approach to the right to abortion in Europe is diverse and basically related to the issue of when the right to life begins and how this question is reflected in national legislation. Such an approach and diversity is tolerated by the European Court of Human Rights, but only if some specific standards and criteria formulated in the jurisprudence of the European Court of Human Rights are reflected in national legislation. Research of the Lithuanian legal acts conducted in the (...)
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  21. Samuel Mansell (2008). Proximity and Rationalisation: The Limits of a Levinasian Ethics in the Context of Corporate Governance and Regulation. [REVIEW] Journal of Business Ethics 83 (3):565 - 577.score: 490.5
    In this article, I explore how the ideas of French philosopher Emmanuel Levinas offer insights into a debate often held today in the field of corporate governance, concerning the relative merits of statutory and voluntary approaches to the regulation of business. The philosophical position outlined by Levinas questions whether any rule-based systematisation of ethical responsibility, either statutory or voluntary, can ever equate to a genuine responsibility for the other person. I reflect on how various authors have adapted Levinas’s philosophy (...)
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  22. Saulius Katuoka (2009). New Tendecies of International Legal Regulation of the Arctic. Jurisprudence 117 (3):239-249.score: 481.5
    The article presents a geographic position of the Arctic. Legal regimes of the Arctic and the Antarctic are compared. In a geographical terms, the Arctic is part of the ocean that is covered by ice, and Antarctic is a continent covered by ice which is surrounded by an ocean. It follows that Arctic should be considered a part of the world’s ocean, which is governed by 1982 UN Convention on the Law of the Sea. Currently, a sectoral regime is (...)
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  23. Rytis Krasauskas (2011). Some Problematic Aspects of the Promotion of the Regulation of Labour Relations by Means of Collective Agreements (article in Lithuanian). Jurisprudence 18 (2):613-630.score: 480.0
    The Lithuanian success of implementing international obligation in order to encourage the regulation of labour relations by means of collective agreements is analyzed in this article. It is emphasized that development of social partnership is too slow, coverage of regulation of labour relations by means of collective agreement also is low-level and collective agreements basically are made at the plant level. It is noticed that, because of the need to find a suitable balance between implementing the international obligation (...)
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  24. Neil Duxbury (1991). In the Twilight of Legal Realism: Fred Rodell and the Limits of Legal Critique. Oxford Journal of Legal Studies 11 (3):354-395.score: 479.3
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  25. Bruce Duthu (2013). Shadow Nations: Tribal Sovereignty and the Limits of Legal Pluralism. Oup Usa.score: 479.3
    In order to counter the steady erosion of tribal powers of self-government, this book argues for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism that operated in the nation's earliest years.
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  26. Duxbury Neil (1991). In the Twilight of Legal Realism: Fred Rodell and the Limits of Legal Critique. Oxford Journal of Legal Studies 11 (3).score: 479.3
     
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  27. Christopher McCrudden, Robert Ford & Anthony Heath (2004). Legal Regulation of Affirmative Action in Northern Ireland: An Empirical Assessment. Oxford Journal of Legal Studies 24 (3):363-415.score: 477.0
    We address the question of the effectiveness of affirmative action agreements concluded by a regulatory body with employers in order to achieve greater equality in employment. We analyse the pattern of affirmative action agreements concluded by the Fair Employment Commission with employers in Northern Ireland between 1990 and 2000. We examine the association between these agreements and changes occurring in the religio-political composition of these employer's workforces during that period, based on a statistical analysis of monitoring data collected by the (...)
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  28. Dalia Vitkauskaitė-Meurice & Martynas Bandza (2013). Particularities of Legal Regulation of the International Operations. Jurisprudence 20 (3):1131-1151.score: 474.8
    Pasibaigus Šaltajam karui smarkiai išaugęs tarptautinių konfliktų skaičius bei identifikuotos naujos grėsmės paskatino tarptautines organizacijas, tokias kaip Jungtinių Tautų organizacija (toliau – JTO) ir Šiaurės Atlanto sutarties organizacija (toliau – NATO) peržiūrėti Šaltojo karo metu taikytą jėgos panaudojimo praktiką, poreikį ir priemones reaguoti į konfliktus. Tokiomis priemonėmis kaip tik ir tapo vadinamieji „mėlynieji šalmai“, kurie Jungtinių Tautų valstybių narių yra priskiriami Jungtinių Tautų Saugumo Tarybos sankcionuotoms operacijoms vykdyti. Nors priskirtos pajėgos vykdydamos tarptautines operacijas dėvi Jungtinių Tautų simboliką, tačiau jų pavaldumas (...)
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  29. Charles Lowell Barzun (2013). Legal Rights and the Limits of Conceptual Analysis: A Case Study. Ratio Juris 26 (2):215-234.score: 468.0
    Legal philosophers divide over whether it is possible to analyze legal concepts without engaging in normative argument. The influential analysis of legal rights advanced by Jules Coleman and Jody Kraus some years ago serves as a useful case study to consider this issue because even some legal philosophers who are generally skeptical of the neutrality claims of conceptual analysts have concluded that Coleman and Kraus's analysis manages to maintain such neutrality. But that analysis does depend in (...)
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  30. McCrudden Christopher, Ford Robert & Heath Anthony (2004). Legal Regulation of Affirmative Action in Northern Ireland: An Empirical Assessment. Oxford Journal of Legal Studies 24 (3).score: 468.0
     
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  31. Robert Ford & Anthony Heath (2004). Legal Regulation of Affirmative Action in Northern Ireland: An Empirical AssessmentA Shorter Version of This Article, Omitting Some of the Detailed Analysis Contained Here, Was Published Earlier As: Christopher McCrudden, Robert Ford and Anthony Heath, The Impact of Affirmative Action Agreement in Bob Osborne and Ian Shuttleworth (Eds), Fair Employment in Northern Ireland: A Generation on (Belfast: Blackstone Press, 2004), 11947. We Are Grateful to the Equality Commission for Northern Ireland F. [REVIEW] Oxford Journal of Legal Studies 24 (3):363-415.score: 468.0
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  32. Claudia Card (2007). Gay Divorce: Thoughts on the Legal Regulation of Marriage. Hypatia 22 (1):24-38.score: 463.5
    : Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.
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  33. H. Aoi (2007). Significance and Limits of Principles-Oriented Legal Thinking. In Josep J. Moreso (ed.), Legal Theory: Legal Positivism and Conceptual Analysis: Proceedings of the 22nd Ivr World Congress, Granada 2005, Volume I = Teoría Del Derecho: Positivismo Jurídico y Análisis Conceptual. Franz Steiner Verlag.score: 463.5
     
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  34. Patrick Riordan (2013). People Power and the Limits of Legal Reasoning. Budhi: A Journal of Ideas and Culture 5 (1):53-84.score: 447.8
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  35. Ward Alexander Penfold (2011). An Ineluctable Minimum of Natural Law: François Gény, Oliver Wendell Holmes, and the Limits of Legal Skepticism. History of European Ideas 37 (4):475-482.score: 447.8
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  36. Kenneth A. De Ville (1999). Managed Care and the Ethics of Regulation. Journal of Medicine and Philosophy 24 (5):492 – 517.score: 446.0
    The dramatic appearance of managed care organizations (MCOs) on the U.S. health scene has generated tremendous anxiety among health care providers and patients. These fears are based on the belief that managed care techniques pose greater risks of under treatment than do fee-for-service modes of payment. In addition, many physicians and patients resent the limits placed on clinical autonomy by the MCO model and the stresses that it places on the traditional physician-patient relationship. These misgivings have been exacerbated by (...)
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  37. Laura Williamson, Marie Fox & Sheila McLean, The Regulation of Xenotransplantation in the United Kingdom After UKXIRA: Legal and Ethical Issues.score: 441.0
    Xenotransplantation - the transfer of living tissue between species - has long been heralded as a potential solution to the severe organ shortage crisis experienced by the United Kingdom and other 'developed' nations. However, the significant risks which accompany this biotechnology led the United Kingdom to adopt a cautious approach to its regulation, with the establishment of a non-departmental public body - UKXIRA - to oversee the development of this technology on a national basis. In December 2006 UKXIRA was (...)
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  38. Robert F. Weir (1989). Abating Treatment with Critically Ill Patients: Ethical and Legal Limits to the Medical Prolongation of Life. Oxford University Press.score: 441.0
    This book offers an in-depth analysis of the wide range of issues surrounding "passive euthanasia" and "allow-to-die" decisions. The author develops a comprehensive conceptual model that is highly useful for assessing and dealing with real-life situations. He presents an informative historical overview, an evaluation of the clinical settings in which treatment abatement takes place, and an insightful discussion of relevant legal aspects. The result is a clearly articulated ethical analysis that is medically realistic, philosophically sound, and legally viable.
     
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  39. Mark S. Nattrass (1993). Devlin, Hart, and the Proper Limits of Legal Coercion. Utilitas 5 (01):91-.score: 438.8
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  40. Michael Gorr (2001). David Dyzenhaus, Ed., Recrafting the Rule of Law: The Limits of Legal Order:Recrafting the Rule of Law: The Limits of Legal Order. Ethics 112 (1):143-144.score: 438.8
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  41. David Hoch & J. Brooke Hamilton Iii (forthcoming). The Hope and Limits of Legal Optimism: A Comment on the Theories of Orts and Nesteruk Regarding the Impact of Law on Corporate Ethics. Business Ethics Quarterly.score: 438.8
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  42. Carlos Lema Añón (2003). Some Problems of Legal Regulation on Human Cloning. Global Bioethics 16 (1):41-53.score: 438.8
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  43. D. Dyzenhaus (2002). Recrafting the Rule of Law. The Limits of Legal Order (S. Guest). Philosophical Books 43 (1):68-70.score: 438.8
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  44. S. Guest (2002). Recrafting the Rule of Law. The Limits of Legal Order. Dyzenhaus. Philosophical Books 43 (1):68-71.score: 438.8
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  45. J. Brooke Hamilton Iii (1999). The Hope and Limits of Legal Optimism. Business Ethics Quarterly 9 (4):677-688.score: 438.8
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  46. David Hoch & J. Brooke Hamilton (1999). The Hope and Limits of Legal Optimism: A Comment on the Theories of Orts and Nesteruk Regarding the Impact of Law on Corporate Ethics. Business Ethics Quarterly 9 (4):677.score: 438.8
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  47. Iii J. Brooke Hamilton (1999). The Hope and Limits of Legal Optimism. Business Ethics Quarterly 9 (4).score: 438.8
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  48. Aurelija Pūraitė (2012). Origins of Environmental Regulation. Jurisprudence 19 (2):657-674.score: 438.0
    During the last twenty – thirty years there has been unprecedented demand for new legal regulation in the field of environmental protection, which influenced the immense growth in both the body of environmental legislation and in re-thinking the idea and principles of the environmental protection itself. The provisions of environmental law are passed, accepted and obeyed with a great resistance in the society. On the one hand, environmental law may be defined as a value system that seeks to (...)
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  49. Roscoe Pound (1917). The Limits of Effective Legal Action. International Journal of Ethics 27 (2):150-167.score: 436.5
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  50. Sheila Jasanoff (2006). Just Evidence: The Limits of Science in the Legal Process. Journal of Law, Medicine Ethics 34 (2):328-341.score: 436.5
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