Operationalizing Law: Principles for Preventing Arbitrary Power
How to Make Law Operational
To prevent arbitrary power, a set of principles must be established:
1. Trial
Justice limits the demands of the sovereign on individuals. Rules are established, and as long as they are not broken, individuals are free to act as they wish. If a rule is broken, there must be protection against arbitrary judgment in criminal law.
A trial involves a judge, jury, and triadic structure, with the accused, defense, and prosecution represented.
Equality between the accused and the
Read MoreArbitrary Judgement in Law and Morality: An Exploration of Beccaria’s Framework
Introduction
In his seminal work, “On Crimes and Punishments,” Cesare Beccaria outlines a framework for criminal law that guards against arbitrary judgement. He argues that judgement in law should be based on clear and objective rules, rather than on the subjective opinions of judges or rulers.
Arbitrary Judgement in Law
Beccaria identifies several sources of arbitrary judgement in law, including:
- Morality: Moral principles can be vague and subjective, leading to inconsistent and unfair judgements.
- Unfair
International Treaty Law: A Comprehensive Guide
1. Definition of Sources of ITL
1.1 Vienna Conventions
Question 1: Which of the Vienna Conventions regulating treaties is not in force?
VC 1986, it needs more ratification.
Question 2: Which of the Vienna Conventions regulating treaties is codifying international customary law rules on treaties?
VC from 1969 is codifying customary laws as the first 22 articles are mutatis mutandis with 1968 VC.
Question 3: Which treaties are not regulated by the 1969 Vienna Convention?
Treaties between international organizations
Read MoreThe Applicability of the Forest Code in Urban Areas: A Legal and Environmental Analysis
The Historical Formation of Brazilian Cities and the Forest Code
The historical formation of a significant portion of Brazilian cities over the decades took place precisely in places with the Forest Code, now considered untouchable. In this sense, for example, the prime location of visual hilltops was valued for the construction of monuments, fortifications, public buildings, and homes; the marginal strips of rivers were used for the construction of houses (given the ease of access to water) and
Read MoreSocial Services in Spain: Constitutional Framework and Distribution of Responsibilities
Constitutional Framework of Social Services
- The Spanish Constitution does not provide an exhaustive list of groups or issues to be addressed by social services, leaving it open to include other groups not explicitly mentioned, such as drug users.
- Article 50 of the Constitution suggests a global concept of social services, obligating public authorities to create a system that addresses specific problems and issues.
- The Constitution does not explicitly characterize social services as a public system
Financial Documents: Notes, Receipts, Transfers, and Payment Orders
The Promissory Note: Definition and Persons Involved
According to the Foreign Exchange Act, a promissory note is a written commitment by a natural or legal person (the signatory) to pay a certain amount to a beneficiary (or person to whose order the endorsement is made), at a specified place of payment and maturity date.
Persons Involved:
- Signatory: The person who issues or makes a promissory note and agrees to pay.
- Beneficiary: The person designated by the signatory to receive payment.
- Holder: The person