PPIL
Skript & Voci
Skript & Voci
Islamic Banking
- taking of interest is forbidden (similar to Talmudic law)
- Idea of Islamic Banking is to offer investment opportunities which are not based on interest - investment products are analysed by Sharia-Boards
- usually investment products try to hide interest
- the idea is that rich people invest in businesses and take the risk
What does Jihad mean?
Meaning: to strive for something, effort in battle
What is the smaller Jihad?
outward battle against the enemies of the Islamic community
What are the requirement for Jihad?
- threat must be present against the Islamic community
- Jihad needs to be declared by the officials of the Islamic community (and not by random groups) e.g. Government recognised by the population = obligation to participate in the defense for those who are able
What are the rules of Jihad?
- a Jihad can only be directed at enemies who fight and only as long as they fight; this excludes any actions against civilians
- Private property has to be respected
- Sanctuaries have to be respected
What is the greater Jihad?
battle against their own soul which is much more important
Jihad and Terrorism (opposite ideas)
- objective: as many civilian victims as possible <-> a Jihad can only be directed at enemies who fight and only as long as they fight
- led by small (or bigger) groups (of self-declared authorities) <-> needs to be declared by the officials of the Islamic community
- answer to threats? <-> threat must be present against the Islamic community
= Terrorism is an abuse of the concept of Jihad and the opposite idea
In which two groups was the Roman population divided?
- Patricians
- Plebeians
What are the 6 types of Roman Magistrates?
- Consules
- Praetors
- Quaestores
- Aediles
- Censores
- Tribuni Populi
What does SPQR mean?
Senatus Populus que Romanus
The Senate and the Roman people
What were the Principles of the Roman States for its members?
- not only one but two ore more colleagues
- limitation to one year
- without salary (on a honorary bases)
How was the Senate composed and what was its task?
(Composed of former magistrates) - advice (to the magistrates)
- SENATUS COSULTUM
- foreign policy e.g. declaring wars
What was the task of the Assemblees of the people?
- election of the magistrates
- adoption of laws (statues)
- LEX (pl. LEGES)
What are the sources of Roman Law?
- LEGES (statues) adopted by the people`s assemblies -> ius civilis
- EDICTUM (issued by the PRAETORS or the AEDILES) -> FORMULAE (conditions and claims) -> ius honoravium
What are two major Roman sales Laws?
- actio quanti minoris -> price reduction
- actio redhibitoria -> avoidance
What ar the 4 Parts of the Corpus iuris civilis?
I. INSTITUTIONES -> Introduction
II. DIGESTA -> Systematic Analysis based on Classic Law Literature
III. CONSTITUTIONES -> Statues by the emperors
IV. NOVELLAE -> Statues by the emperor JUSTINIAN
What makes joint-stock companies so attractive?
Based on capital
divided into shares (many shareholders/investors
„capital pump“
- Flexibility
shares are easy transmittable
stock exchange
limited liability (risk limitation)
- Shareholders not liable for company - concentration of power
- groups of corporations (e.g. Holdings)
What are the problems of a joint-stock company?
Who has the control over the company? Shareholders can take over control (theoretically 50-50% of the shares are needed, but i.r.l. less is needed)
Who is responsible for losses (liability)?
- The company uses others money (Abuse risk) - Speculation
- risk of Bubbles
Typical phenomena of modern legal systems
- joint-stock company
- intellectual property e.g. patents - competition law
- social security
- data protection/privacy
- human rights
Compare Modern Law to other legal traditions
see page 53
Elements of a state
- Land: territory (with clearly defined borders)
- People: permanent population (living on that territory)
- Government: sovereignty (not depending on any other institution)
Subjects of International Law
- ICJ International Court of Justice (The Hague)
- States
- Individuals
- International Organisations
Sources of Common law
- custom
- judicial precedent
Sources of Civil law
- codification
- statues
Compare Article 38 Statue ICJ to Article 1 Swiss Civil Code
Solution
Four development "steps" of Public International Law
1. Scholars/publicist (Natural Law): law of sea, diplomatic relations, peace treaties
2. Law of Nations: nation-states as sole subjects of international law (less than 50 states)
3. League of Nations: Lead to founding of PCIJ , First attempt of a new world order trough an international structure
4. United Nations (+ other international organisations): Multilateral treaties, Decolonization
see page 4
What are the two required elements of Customary International Law?
- State practice („evidence of a general practice“ -> objective element
- Opinio juris sive necessitatis („accepted as law“) -> subjective element
What are the differences between National and International Law?
see page 5
What are bilateral and multilateral treaties?
bilateral: between two parties e.g. taxes
multilateral: between three or more parties e.g. VCLT, UN CHarta, WTO
What are self-executing and non-self-excecuting treaties?
self-executing: domestic law effect -> no further action by domestic law-making body needed e.g. European Convention on Human Rights
non-self-excecuting: domestic legislative act needed
Treaty-Making-Process
see page 7
What are forcible and non-forcible counter-meausres?
forcible: (involving armed force)
- UN Charter prohibits agression but self-defense is allowed
non-forcible: (not involing military power)
- reprisal (illegal measures e.g. violating a treaty)
- retorsions (legal measures e.g. withdrwal of diplomats, economic sanctions)
VCLT
Vienna Convention on the Law of Treaties
ICJ
International Court of Justice
PCIJ
Permanent court of international justice
What means jurisdiction?
Power of a state to affect persons, property and circumstances within his territory.
Which are the two main treaties for diplomatic relations?
- Vienna Conventions Diplomatic Relations
- Vienna Conventions on Consular Relations
UNCLOS
United NAtions Convention on the Law of the Sea
soft law
quasi-legal instruments which have no legally binding force
What does ius ad bellum mean?
Jus ad bellum refers to the conditions under which States may resort to war or to the use of armed force in general. The prohibition against the use of force amongst States and the exceptions to it (self-defence and UN authorization for the use of force), set out in the United Nations Charter of 1945, are the core ingredients of jus ad bellum.
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Lernkarten
What are the four world ages in India called?
- Krita Yuga (Golden Age)
- Treta Yuga (Silver Age)
- Drapara Yuga (Bronze Ge)
- Kali Yuga (Iron/Dark Age)
What are the four airms in life in Indina?
- Artha: striving for wealth, position, success, power ->Arthashastras
- Kama: striving for love, pleasure -> Kamasutra
- Dharma: striving for accomplishment of duties (svadharma) -> Dharmashastras/Dharmasutras
- Moksha: „extinction“, liberation
What are the four stages of life in India?
- pupil (student): knowledge about all the Four aims
- householder-ship: family/profession - > Artha, Kama, Dharma
- „departure“: „forest“, wilderness -> Moksha
- Sanyasa („wandering pilgrims“): no home, no property -> Moksha
Whar are the four Varnas?
- Brahmins: priests, teachers, doctors - > maintain and transmit knowledge (Veda)
- Kshatryas: warriors, soldiers, functionaries, administrators, princes, kings -> maintain order and security
- Vaishyas: merchants and agriculturalist-> create wealth
- Shudras: workers, farmers, artists (≈ 80%)
What does Dharma mean?
- World Order
- Rules/principles governing all human behaviour
- every person has their own dharma
(svadharma)
- stage of life
- depends on caste
What is the goal of Confuciansim?
become a noble person who thinks and acts accordingly to high ethical standards
What is the idea of Legalism?
opposite view of Confucianism: Society needs to have laws, strict legal rules, needs to have these rules enforced by sanctions
What is the goal of Buddhism?
t oawake from the dream of the world, break free of Samsara and attain the Nirvana
What is the goal of Daoism?
Find back to Dao
What do the terms Li and Ren mean?
Li = „rites“ (way to behave in different situations) Ren = kindness, nobility, inner quality
Laws are not needed in a perfect Confusion society
What are the forces in Chinese cosmology?
Yang: male Sun
Ying: female Moon
Qi: vital energy which brings life into the universe and is present in every human being
What does Wu-Wei mean?
non-action:
An emperor should not be active; the influence on society should not be trough law making or enforcement of laws: should be a role model and influence his surrounding people (ministers, family) -> magistrates -> people
Which four Elements does the Halakha contain?
- Tora
- Mishna
- Talmund
- Commentaries on the Talmud
What is Montheism?
There is just one God and he is the only legitimate legislator
What is the Mishna?
commentary of the Tora, originated by oral teaching of the Tora by the Rabbis
What does the Talmud contain?
Mishna + Gemara (commentary of the Mishna)
What does Halakha mean?
The path / to follow
What are the 6 sources of Islamic Law?
- Koran / Qur’an: highest source of Law
- Sunna: sayings and acts of the Prophet Mohammed = Hadith (plural: Ahadith)
- Quiyas: analogy
- Idjma: consensus of the scholars
- Ijdihad: reasoning
- Commentaries, treaties: professional literature on legal issues (important to consider when arguing on basis of the Koran)
Which are the names of some Islamic Schools of Law?
- Hanafites
- Malikits
- Shafiits
- Hanabalits
What are the five pillars of Islam?
- Shahada (there is no God but God, Muhammed is the messenger of God)
- Ritual prayers
- Fasting
- Zakat
- Pilgrimage
What does Tawhid mean?
doctrine of the Oneness of God / Unity of God) There is no reality but the reality.
There can be no legislator but the Legislator.
What is the name of the Islamic Divine Law?
Sharia
Islamic Table manners
- Do not start to eat before the host; start after the Phrase: Bismi Llah (in the name of God) otherwise you eat with Satan
- Use three or five fingers to eat
- The meal is finished when you use the Phrase: Al-Hamdu li-Llah (Praise to God)
Position of women in Islam Law
- men and women live in different worlds
- women are traditionally respected as mothers (Hadif of Muhammed: the paradise lies in front of the feet of mothers)
- Sharia: women should dress appropriately and decently -> interpreted in various ways (stricter in cities, liberal in the countryside)
Islamic Marriage Law
- Husband and wife must agree on the marriage
- No special ceremony required -> two witnesses
- Dowry (Mahr): Essential element of a marriage contract; must be provided by the husband and is the personal property of the wife
Role of husband and wife in Islamic Law
- the roles are distinct, they are different
- Husband is responsible for sustaining the family -> only his responsibility; this is regardless to the wealth although the wife is very rich
- The wife has no obligation to contribute to sustaining the family -> only on voluntarily bases
- The husband is also representing the family to the exterior; but the house, roads are different; the wife is the center of the house -> husband
more of a guest
Divorce in Islamic Law (Men)
- not recommended; Hadif: Divorce is what god hates the most
- no court is involved
- divorce can be provoked by the husband trough pronouncing a formula; 3 times required with a waiting period between - In case of a divorce the wife keeps the dowry -> serves as an obstacle because it usually means a loss for the husband
Divorce in Islamic Law (Wife)
- a court is involved
- Judge decides on financial consequences
- other possible is to return the dowry and leave the husband
Polygamy in Islamic Law
- Islam still permits polygamy
- Quran: vers sets a limit of 4 wives, Husband is obligated to treat every wife the same way (each wife must have her own apartment/house with the same size etc., same attention)
- Commentators: Polygamy is not recommended because it is not really possible to fulfil the obligations of the Quran
- The majority of the population in islamic countries live in a monogamy
Criminal Law in Islamic Law
- harsh punishment e.g. stoning/flogging,/cutting of limbs for stealing or adultery
- Adultery:Proofmustbebroughttothecourtbyfourwitnesses
Islamic Banking
- taking of interest is forbidden (similar to Talmudic law)
- Idea of Islamic Banking is to offer investment opportunities which are not based on interest - investment products are analysed by Sharia-Boards
- usually investment products try to hide interest
- the idea is that rich people invest in businesses and take the risk
What does Jihad mean?
Meaning: to strive for something, effort in battle
What is the smaller Jihad?
outward battle against the enemies of the Islamic community
What are the requirement for Jihad?
- threat must be present against the Islamic community
- Jihad needs to be declared by the officials of the Islamic community (and not by random groups) e.g. Government recognised by the population = obligation to participate in the defense for those who are able
What are the rules of Jihad?
- a Jihad can only be directed at enemies who fight and only as long as they fight; this excludes any actions against civilians
- Private property has to be respected
- Sanctuaries have to be respected
What is the greater Jihad?
battle against their own soul which is much more important
Jihad and Terrorism (opposite ideas)
- objective: as many civilian victims as possible <-> a Jihad can only be directed at enemies who fight and only as long as they fight
- led by small (or bigger) groups (of self-declared authorities) <-> needs to be declared by the officials of the Islamic community
- answer to threats? <-> threat must be present against the Islamic community
= Terrorism is an abuse of the concept of Jihad and the opposite idea
In which two groups was the Roman population divided?
- Patricians
- Plebeians
What are the 6 types of Roman Magistrates?
- Consules
- Praetors
- Quaestores
- Aediles
- Censores
- Tribuni Populi
What does SPQR mean?
Senatus Populus que Romanus
The Senate and the Roman people
