Monthly Archieves: Dezember 2022


Who Legally Owns a Dog

Since dogs are legally considered property, transferring ownership of your name is one of the best ways to prove that a dog legally belongs to you. According to this article, the legal transfer of ownership of a dog works in the same way as other real estate (real estate, cars, etc.). Therefore, a contract or documents should state that you are the new owner. Although every pet owner considers their canine companion to be a legitimate member of the family, this is a different case in the eyes of the law. According to the Animal Legal and Historical Center, dogs are property. Therefore, more documents are needed to verify that they legally belong to you. Consider the best interests of the animal: You could legally own a pet, but the pet lives a good life with someone else and has been for some time. Although animals are legally considered property, it is always worth asking whether “winning the war” is really in the best interest of the animal. Sometimes loving means letting go. So how do you prove owning a pet? And when does a dog legally belong to you? In most cases, you can prove ownership by following these simple steps. A registered nonprofit receives dogs from houses killed in other states, rehabilitates them, and then puts them up for adoption. This whole process is done legally.

Some of the dogs go up for adoption in a few months, some are pregnant and need to have litters, puppies, etc. and have been in the group for many months, some have serious behavioral or health problems and have been in the group for 2 years or more. My question is: Who owns the dogs from the time they are turned over to this organization and the time they are adopted? Is their ownership in the name of the organization? Sometimes a person or family finds a dog that doesn`t seem to have an owner. In many cases, they may be required by law to hand over the dog to animal control. However, if this is not necessary, they may decide to keep the dog. A dispute can arise if the original owner finds the dog and wants to take it back. The outcome of this dispute may depend on whether the original owner left or lost the dog. The dog will remain with the currently possessed person if the original owner has left it, while it is likely to return to the original owner if they have misplaced or lost the dog. A dog is considered lost if it was accidentally left in a place where it was no longer intended, while a dog is considered lost if it has escaped its owner`s control and has been found in a place where it should never be. In cases involving dogs, ownership is determined by national and local law. These differ from jurisdiction to jurisdiction.

Some have laws and regulations that provide somewhat specific criteria for determining who owns a particular animal. Usually, they provide that the term “owner” includes the rightful owner, the just owner and any person, association, partnership or entity that houses an animal or has custody or control of an animal. Such a definition is useful in that it equates the possession of a dog with an “accommodation” or “custody or control” of the animal. These acts are somewhat specific and can therefore be proven by testimonials and hard evidence such as receipts for dog food, notes in veterinary records, a signature on the euthanasia permit and, of course, the dog handler license itself. However, the definition is circular because it states that the owner is the “legal owner” or the “just owner”. Although your pet is legally treated as property, its well-being is generally considered by the Colorado court system. If the court finds that you cannot provide your pet with a decent quality of life compared to your ex-partner, it is unlikely that you will receive ownership of the animal. To avoid this, you need to make sure that you legally transfer your dog`s ownership to someone else.

According to Cooper & Co Solicitors, it`s important to know what legally makes a dog yours, as there has been an increase in disputes over dog ownership and custody. To avoid these consequences, a dog owner should contact animal shelters and animal control if they have misplaced or lost their dog. They may want to check shelters regularly to see if their dog has made it. To facilitate the process of repatriating a dog from a shelter, an owner should also ensure that the dog has certain identifiers, such as a special collar, microchip, or tag with the owner`s contact information. This can help prove to the shelter that they are the owner of the dog, and it may be required by law that the shelter keep the dog longer while trying to locate the owner. Feeding, sheltering and caring for a dog does not necessarily mean that you legally own it. Yes, you read that right! Owning a dog legally is much more complicated than we thought. With that, this article will tell you everything you need to know about what determines a dog`s ownership and how to get a dog`s legal ownership! Proof of ownership: “Circumstantial proof” is just a fancy word for “evidence.” Courts prefer to see documentary evidence that you are the rightful owner of your pet. The more up-to-date and up-to-date the proof of ownership, the better your chances of convincing a court that you are the legal owner of the animal. You love your pet, but do you have the legal documentation to prove that it really belongs to you? Would you be devastated to learn that you were not allowed to own your pet if someone else claimed ownership? You may need to prove ownership of a pet in one of the following situations: Whose name appears on purchase or adoption documents. Consider a pet trust.

A pet trust is a great solution to ensure the ongoing care of your pet after your death. You can create a trust and fund it from your estate, and then make sure your pet is properly cared for, with enough funds for that care after you leave. The most basic proof of animal custody is to show that you are the person who adopted or purchased the animal. If you have proof that you are the original owner, you probably have a significant advantage. You will need to gather documents to prove this ownership in court. Section 258.095(5) of the Revised Statutes of Kentucky defines an “owner” of a dog as “any person who has ownership of the dog, and any person who owns, harbours or has in the care of the dog or permits the dog to remain on or around premises owned by the person.” Based on this, the Kentucky Court of Appeals concluded: In addition to veterinary records, a court will also review veterinary invoices. If you paid the veterinary bills in the first place, the court can rule in your favor. This shows that you have had a monetary and emotional investment in the health of the animal. Write a letter with your last wishes. Your pet trust will outline what you want for the custody and care of your pet after you leave, but it may take some time for the courts to confirm this and give the pet to your designated sitter, especially if that pet sitter lives far away.

To compensate for this delay, write a letter of last will. This document is easily accessible to your family members and describes who you wish to take possession of immediately after your death until the terms of the trust are applied. While this is a sad reality, the good news is that you can take steps to ensure that this is not what happens to your pet through a carefully defined estate plan. If you make provision for your pets and their care in your estate plan, you can rest assured that you will do everything you can to protect them, even when you are away. Here are some considerations you should take. Leave a lump sum to the person who inherits your pets. If you don`t want to create a pet trust, you should leave the person receiving your pets a lump sum from your estate to help pay for the costs of caring for the pets. This will ensure that your pet is not a burden to its new sitter. If you leave a pet for care, make sure you have written consent. It could be as simple as a text: “I`m coming back to pick up Fluffy on Sunday! Thanks for watching them! For a longer-term temporary care agreement, I would suggest a document outlining the duration and responsibilities of the caretaker and you, the owner. Do you have a pet? Whether you are a dog, a cat, a bird, a gerbil or even a fish, you are in good company.


Who Gives an Order as to Costs in Law

As a general rule, the losing party bears the costs of the prevailing party, but the court may order otherwise. These are submitted at the time of allocation and listing and at any time by order of the Court. The court takes into account the conduct of the parties and may change the usual fee schedule for misguided or dishonest conduct. In particular, the plaintiff is supposed to give the defendant an opportunity to settle and the parties are expected to exchange essential information and details before bringing an action. In particular, the court will be informed of all formal offers of settlement in accordance with Article 36 of the Code of Civil Procedure. These offers are not communicated to the judge during the trial, but when determining costs, the judge compares them to the final damages awarded. Most litigants will benefit from some form of insurance that covers both their legal costs and those of the other party. When you receive a fee order, you usually have a certain amount of time to pay for it. You should not ignore the command. If you do, you run the risk of the court seizing your assets or liquidating your business. If the court has not quantified the amount you will have to pay, it will be assessed as follows: This means that each party must pay their own legal fees. A court will usually make this order if the parties reach a settlement or close the case before trial. This is the case, unless a party has acted improperly in initiating or defending the proceedings.

Where costs are awarded to one party against another party, they are referred to as contradictory costs or costs. Before you go to court, your lawyer should provide the court with a budget of costs that the judge will use to decide costs. Often, costs must be assessed and may be summarily assessed immediately or deferred to a later date for a detailed assessment. So, if you have a case in VCAT, you should expect to bear your own costs, regardless of the outcome. Strong early sourcing will put pressure on the other party and put you in a better position to cover more costs in this regard. In the fast lane, the actual cost of the experiment, as opposed to the preparatory work, is determined. [16] You can register this certificate with the court and it may reduce the total amount of fees you have to pay. It is important to note that decisions of a cost estimator or cost tribunal may also be challenged in certain circumstances. If you have any further questions about cost orders, please see our details pages on automatic cost orders, interim cost orders and final cost orders or call us to discuss your specific situation. The tribunal considers the conduct of each party, any reasonable offer and whether the conduct of the loser warrants a decision on costs. The general rule of cost liability is: “Costs follow the event.” In other words, the loser of a lawsuit must bear the legal costs of the winning party.

If a defendant has reasonable grounds to fear that his or her legal costs will not be paid by the plaintiff if the defendant succeeds, the defendant may apply to the court for the plaintiff to provide security for costs. In addition, the amount ordered by the judge is directly related to the strength or weakness of the plaintiff`s claim filed hereunder. The lower the likelihood that the applicant will win, the higher the Preservation Order. The nature of the decision on costs depends on various factors, including the conduct of the parties, the facts of the dispute, the circumstances of the individual application/decision and the proceedings as a whole, as well as the outcome of the separate application/decision or the proceedings as a whole. As a rule, there is no decision on costs in case of amicable clarifications (provisional requests or the whole procedure). In the absence of an order or order for costs, each party shall bear the costs and expenses of its lawyers, such as the fees of a lawyer; In the event of a dispute, the court is competent to determine and determine the appropriate amount. In legal aid cases, a similar assessment determines the fees paid to lawyers by the Legal Aid Fund. If you are considering suing someone, or if you have been served with a statement, it is important to be aware of the possibility that you may have to pay the legal fees of the prevailing party. There`s always a lot at stake in a commercial dispute, so it`s important to consult a lawyer before proceeding. If you need legal assistance, contact LegalVision`s dispute resolution lawyers on 1300 544 755 or fill out the form on this page.


Which Legal Position Does a Director Hold

A business owner is a professional person who knows how to run and run a business. Under section 2 (34) of the Companies Act 2013, a director is a person assigned to the outstanding board of directors of an organisation of a corporation. What is important is that no artificial person or organization can be a director. Instead, a person can only play the role of director of a company. The Board of Directors may exercise the power to appoint directors in the following three circumstances: An additional director is a person who may exercise the powers and duties of the corporation until the next ordinary general meeting. It should be noted that a person who is not appointed as a director at the general meeting is not entitled to be appointed as an additional director. In general, there are no restrictions on the nationality of a director. However, the nationality of a director may be a relevant factor in some regulated industries. Directors generally do not need to be resident in the state where the corporation is incorporated. The structure of a typical company consists of three main groups: directors, officers, and shareholders. Officers take care of the day-to-day operations of the company, directors oversee the affairs of the organization and protect the interests of shareholders, while shareholders seek a return on investment. The roles and responsibilities of these groups, from directors to shareholders, are described in more detail below.

There are no mandatory qualifications to become a director. However, the director of a company must perform a number of tasks and responsibilities and should be able to do so without any problems. Section 197 of the German Companies Act expressly considers the managing director to be a trustee in certain circumstances. It states that if a director receives more compensation than is permitted by law, he must return the excess amount to the corporation, and until he does, he holds it in trust for the corporation. Powers of Additional Directors – Additional Directors have the same powers and rights as other Directors. In this way, the board of directors can appoint competent persons to the board of directors who may have difficulty getting elected. Certain persons are prohibited from acting as directors, such as: The management of the company is entrusted by the shareholders to the directors. They are the elected representatives of the shareholders.

When the directors conduct the affairs of the corporation on behalf of the shareholders. You may be designated as a representative of the company. Directors who retire in turn at each annual general meeting are those who have served the longest since their last appointment, but among those who became directors on the same day, those who are to retire are chosen by lot in the absence of an agreement and subject to an agreement between them [clause 152(6)(d)]. The first directors of the company are appointed by its promoters. As the name suggests, they are the very first people to join the Board of Directors. The legal status of the directors was not very clear. However, it should be noted that they are really bound by the law, just in case they abuse or exceed their powers in the company. Administrators have their own identity. They possess a number of qualities in the form of directors, trustees and agents in the company. If you need more information about the directors of the company and if you need legal help for the formation of the company, you can contact the legal experts of Vakilsearch. In der Rechtssache Re.

Hampshire Land Co. Ltd. (1896) 2 Ch. D. 743, the Court held that if a person is a director of two companies, his personal knowledge is not necessarily that of both companies. Information acquired as a director of one company shall be attributed to the other company only if he is required to disclose his knowledge to the company alleged to be the subject of the disclosure and an obligation imposed on him by that company to receive the communication; and if the co-director has committed fraud or even impropriety, the Court will not conclude that he has fulfilled these obligations. It is therefore recalled that the Board of Directors may not appoint additional directors without a power provided for in the Articles of Association. This section applies to all public and private companies – Needle Industries (India) Ltd. v. Needle Industries Newey (India) Holdings Ltd. AIR 1981 SC 1298.

Directors are considered managing partners because they are responsible for the management and control of the company`s activities. Most of the time, the directors are also shareholders of the company and hold significant stakes. In the absence of any statutory provisions, the directors of an independent private company have the right to proceed to removal under Article 284 [now Article 169] (i.e. by decision of the general body) – S. Labh Singh v. Panaser Mech. Works (P.) Ltd. [1987] 61 Case Comp. 618.

A person is only worthy of appointment as a director if he or she has a DIN, i.e.: The director`s identification number issued under section 153 of the Companies Act 2013. However, in 2017, the central government introduced an amendment allowing it to assign an identification number to the person who is supposed to play the role of DIN. Term of office of an additional director – The person appointed as an additional director shall remain in office until the date of the next annual general meeting or until the last date on which the annual general meeting should have been held, whichever comes first. In Ramaswamy Iyer v. Brahmayya & Co. Ltd. (1966) 1 Co. Law Journal, 107, the Court stated: “The directors of the corporation are trustees of the corporation and, in respect of their power, they may be held liable as trustees.” Dear Sir, Madam or Sir, Can a person be appointed as a director using a non-existent director of another company, and if so, the new appointed director will not be appointed in any company the purpose is to take DIN alone Shareholders and directors have different roles to play. Shareholders are the members/owners of the company, while directors manage the company and its functions. With respect to proceedings for negligence, negligence, dereliction of duty, fault and breach of trust, the law and the Regulations do not allow a distinction to be made between board members on the basis of their part-time or full-time work. Your liability for all proceedings arising from such acts is equal.

While all directors are legally responsible for their actions, the issue of their dismissal remains a matter of discretion. There is no specific definition of directors in the Companies Act, but there are some explanations for the term mentioned in various sections. According to para. 2 (13) of the Companies Act, “Director includes any person who holds the office of director under any name. The definition in the Companies Act does not give the clear meaning of the term director, but it can be drawn as a person exercising the functions of a director, is considered a director, regardless of his name. According to Article 303 of the Declaration (1), “any person under whose instructions or instructions the board of directors of the company is accustomed to act shall be considered a director of the company”. In Kirlampudi Sugar Mills Ltd. v.

G. Venkata Rao [2003], it was concluded that if the CEO of the company executes a promissory note and borrows money from outside for the use of the company, it cannot be said that he has borrowed money for himself. Even if the company does not pay the promised amount, the one who borrowed money as an agent of the company assumes no responsibility. In the case of H.P. However, State Electricity Board v Shivalik Casting (P.) Ltd. [2003] concluded that if a director acts as guarantor in his personal capacity and not for and/or on behalf of the corporation, the corporation cannot be sued for the amount of the guarantee. In certain circumstances, in Vineet Kumar Mathur v. Union of India [1996], Directors Held Themselves Liable – When a company is first incorporated, its original owners are usually its first shareholders, and in smaller companies, these initial investors may remain the sole shareholders for the duration of the company`s existence. The few shareholders of a small business can be people involved in day-to-day operations (as owners, managers, or employees). Keep in mind that in small businesses, one person can also serve as the sole director, officer, and shareholder of the company. In Percival v.

Wright, (1902) 2 Ch. D. 421 Thus, the directors are trustees of the corporation and not individual shareholders. Section 2(59) of the Act defines “officer” as a director and any person under whose direction or direction the board or one or more directors are accustomed to act. In der Rechtssache Re. Forest Dean Coal Mining Co., (1878) 10 Ch. D. 450, the Court stated: “Directors were sometimes called trustees or commercial trustees, and sometimes they were called managing partners.

It doesn`t matter what you call them, as long as you understand what their true position is – namely, that they are really businessmen running a commercial company for their own benefit and that of all shareholders. “In the event of a vacancy that may result from the death, resignation or other unforeseen circumstances of a director, a director on a case-by-case basis may be appointed by the board of directors.


Which Act of Law Gives Protection to First Aiders for Their Treatment of Patients

The laws of the Good Samaritan take their name from a Bible parable attributed to Jesus, commonly referred to as the parable of the Good Samaritan, contained in Luke 10:29-37. It recounts the help given by a traveler from the region known as Samaria to another traveler of conflicting religious and ethnic backgrounds who had been beaten and robbed by bandits. [4] No person who is asked to volunteer by a county sheriff, municipal police, fire department, ranger or other local authority to assist in a search or rescue operation who has first aid training in accordance with Red Cross standards for advanced first aid and emergency care, and provides emergency services to a bona fide victim prior to or during the evacuation or recovery of the victim; is liable for civil damages resulting from acts or omissions of that person in the provision of such emergency services. Notwithstanding anything to the contrary in any general, special or local law, any physician assistant duly registered in that State who, voluntarily and without expectation of financial compensation, provides first aid or emergency treatment at the site of an accident or other emergency outside a hospital, doctor`s office or other place with appropriate and necessary medical equipment shall provide to a person: who is unconscious, sick or injured is not liable for damages for injuries allegedly sustained by that person or damages for the death of that person allegedly resulting from an act or omission in the provision of such first aid or emergency treatment, unless it is proved that such injuries were grossly negligent by that medical assistant. Nothing in this section exempts a physician assistant from liability for damages caused by injury or death caused by an act or omission of a physician assistant in the course of providing professional services in the normal course of his or her practice. If you encounter an accident site, you will likely benefit from Good Samaritan protection. If you use your black bag to help the victim, the fact that you have your black bag with you does not in itself mean that you were forced to react, and therefore should not affect your immunity. 3. For the purposes of this paragraph, “reckless disregard” of a particular health care provider providing emergency medical services means conduct that a health care provider knew, or ought to have known, that there was an unreasonable risk of injury to the life or health of others at the time the services were provided. And this risk was far greater than is necessary to make driving negligent. Most Australian states and territories have some form of Good Samaritan protection. In general, they provide protection if care is provided in good faith and the “Good Samaritan” is not affected by drugs or alcohol.

There are differences between states, ranging from not applying when the “Good Samaritan” is the cause of the problem (New South Wales) to applying it in all circumstances when the attempt is made in good faith (Victoria). [5] For the purposes of this section, the term “emergency services” includes, but is not limited to, first aid and medical services, rescue procedures, and transportation or other related activities necessary to ensure the safety of the victim who is the subject of the search or rescue operation. The laws of the Good Samaritan provide protection against “simple negligence.” Simple negligence is the failure to act as a reasonably prudent person. It is the inability to exercise the care that the great mass of humanity usually does in the same or similar circumstances. A lawsuit based on gross negligence and how they were applied to the laws of the Good Samaritan took place in Montana, where a doctor was invited to visit the home of a woman who had fallen into an eight-foot-deep excavation pit. The pit had rebar embedded in concrete, which helped impale the woman`s leg during the fall. The doctor agreed to the meeting and helped the woman clean the wound. The doctor then told the woman that the injury was not an emergency, but that she should see a doctor soon.

The woman did not follow the doctor`s advice and did not see a doctor for more than a week. During that week, the injured leg became infected and eventually had to undergo surgery. The woman then filed a lawsuit against the physician, based on the fact that the physician had acted with gross negligence in treating the wound. 1. Except as otherwise provided in NRS 41.505, any person in that State who provides emergency care or assistance, free of charge and in good faith, shall not be liable for civil damages resulting from any act or omission other than gross negligence in the provision of emergency care or assistance, or as a result of any act or omission. does not constitute gross negligence in insuring the injured person or receiving other medical care. Sometimes we are asked if it is permissible to accept a gift for your efforts as a Good Samaritan. The answer is usually “yes” – and some laws even state that doctors are entitled to remuneration for the care provided to the Good Samaritan.

However, in most states, sending an invoice can complicate the question of whether you had a pre-existing obligation to care for the person, and therefore whether you have Good Samaritan immunity. You must be able to prove that you provided the care without expecting compensation, even if you later decide to bill for your services, which can be difficult. Indiana: 34-30-12-1 States (b) Except as otherwise provided in clause (c), a person who goes to the scene of an emergency or accident or who is called to the scene of an emergency or accident and who provides emergency care free of charge at the scene of the emergency or accident is exempt from civil liability for bodily injury resulting from: (1) any act or omission of the person in the provision of emergency care; or (2) any act or omission to provide or arrange for other medical treatment or care for the injured person; This does not apply to acts or omissions based on gross negligence or intentional or intentional misconduct. (b) 1. Any health care provider, including a Section 395 accredited hospital, providing emergency services in accordance with the obligations set forth in 42 U.S.C. s. 1395dd, s. 395.1041, pp.

395.401, or s. 401.45 is not liable for any civil damages resulting from such medical care or treatment, unless such damages result from the provision or failure to provide medical care or treatment in circumstances that demonstrate a reckless disregard for consequences that affect the life or health of others. The laws of the Good Samaritan protect those who willfully provide assistance to a person in need, as long as the volunteer has not helped through gross negligence or recklessness. The term “negligence” is generally considered to be an act that does not meet the reasonable standard of conduct.


Where Is It Legal to Have More than One Spouse

The Muslim acceptance of polygamy is illustrated by the fact that polygamy is more common in the Middle East and North and Central Africa, the regions of the world with the highest concentrations of Muslims, and illegal in most other regions. In addition, several countries recognize polygamous marriages between Muslims, but not between practitioners of other religions. In some African countries, polygamy is illegal under civil law, but still permitted under common law, where actions traditionally accepted by a particular culture are considered legal. This arguably confusing loophole leads to two types of marriages: “civil” marriages and “habitual” or “religious” marriages, and allows countries like Liberia, Malawi, and Sierra Leone to allow and even support polygamous marriages without formally recognizing them. Many prominent Jewish leaders, including Abraham, David, and Jacob, are described in the Torah as polygamous/plural marriages. However, like all but a few contemporary Christians (whose Old Testament mirrors the Torah), modern Jews have denied this practice. Polygamy is illegal in all 50 states. But Utah`s law is unique in that a person can be convicted of not only having two legal marriage licenses, but also of living with another adult in a marriage-like relationship if they are already legally married to someone else. Some countries that have banned polygamy may still recognize polygamous marriages from other countries. For example, Sweden recognizes polygamous marriages contracted abroad. Switzerland has banned polygamy, but polygamous marriages contracted in another country are dealt with on a case-by-case basis. Australia recognizes polygamous marriages in other countries only in certain circumstances. After Joseph Smith`s death, polygamy continued in The Church of Jesus Christ of Latter-day Saints (LDS Church), then led by Brigham Young.

In the area that became Utah and some surrounding areas, plural marriage was openly practiced by followers of the LDS Church. In 1852 Young felt safe enough at LDS Church in Utah to publicly announce his practice of polygamy. However, opposition from the U.S. government threatened the legal status of the LDS Church. Wilford Woodruff announced on September 25, 1890 that the LDS Church had officially abandoned the practice. Woodruff`s declaration was officially accepted at a general conference of the Church on October 6, 1890. The LDS Church`s position on the practice of polygamy was reaffirmed in 1904 by another official statement entitled “Second Manifesto”, reaffirming polygamy. [27] Most countries that accept any form of polygamy limit legal recognition to the practice of polygamy, but prohibit polyandry.

The cultural practice of polyandry can be observed in the cultures of Tibet, Nepal and northern India and is associated with systems of inheritance and land ownership. Polygamy is the general and neutral term for any marriage between three or more people. Polygyny is a specific term used to describe a marriage involving a husband and at least two wives. It is by far the most common (and commonly legal) form of polygamy. Polyandry is a specific term used to describe marriages between a woman and at least two husbands. However, this practice is decreasing due to economic and social conditions. Here are five countries where polygamy is legal. Islam is the only major religion whose sacred texts arguably advocate polygamy. Verse 3 of Sura 4 An-Nisa (women) explains that under certain (and disputed) circumstances, a man can marry up to four wives. According to this text, many Muslim countries allow a man to have up to four wives.

However, many also require the man to indicate whether he plans to be monogamous or polygamous under the marriage contract with his first wife, and if she does not allow it, he cannot marry another woman as long as he is married to her. In addition, polyandry, in which a wife has several husbands, is still strictly prohibited. Polygamy is rare in most parts of the world. In the United States, 1882 criminalized having conjugal relations with more than one person under one roof. Today, people in the United States are rarely prosecuted for living with multiple romantic partners, but every state has laws against marriage when you are already married to someone else.


Where Can a Ganglion Cyst Form

Treatment of a lymph node cyst often cannot be surgical. In many cases, these cysts can be easily observed, especially if they are painless. The lymph node cysts may disappear spontaneously. If the cyst becomes painful, restricts activity, or causes problems, several treatment options are available. If you have a lymph node cyst, your doctor may ask you to take an X-ray to determine if there are other problems in nearby joints. Sometimes an MRI may show a lymph node cyst that is not visible on an X-ray. Observation (do nothing but tell your doctor if things change)Splints and anti-inflammatories that can relieve pain associated with certain activitiesAspiration: This is done to remove fluid from the cyst and decompress it. This requires inserting a needle into the cyst, which can be done in most office environments. Sometimes the liquid is so thick that it does not fill the syringe. Pressure may be applied to the cyst to push fluid from the cyst into the surrounding tissue under the skin. Suction can be performed with or without ultrasonic guidance. Cyst recurrence is common because the cyst wall or sac and rod remain connected to the joint. Although medically known as soft tissue tumors, lymph node cysts (GAN-glee-in) are non-cancerous and easy to treat.

A lymph node cyst can occur in patients of any age. Although the cause of lymph node cysts is unknown, cysts can form during irritation of joints or tendons, arthritis, mechanical changes or injuries. Some lymph node cysts are so small that they don`t cause obvious physical swelling, but they still cause pain. They are known as occult ganglia. Your doctor may order a magnetic resonance imaging (MRI) scan or ultrasound to reveal them. Ganglion cysts are lumps that most often develop at the back of the wrist. Under the skin there is a bag filled with liquid. If you have a lymph node cyst, you may not need treatment right away.

If you don`t mind the node, your provider can track you over time to check for changes. Node cysts are benign, which means that these lumps are not cancerous. They do not pose a long-term threat to your health. Many lymph node cysts go away on their own. If a lymph node cyst affects your quality of life in any way, ask your healthcare provider about treatment options. Splints, over-the-counter pain relievers, or surgery can provide relief. Once you have been diagnosed with a lymph node cyst and have decided to undergo treatment, follow-up care will be different depending on what you have chosen. If your cyst doesn`t bother you, your doctor may tell you to keep an eye on it and stay in touch if something changes. Many cysts can go away without treatment. In some cases, a doctor may recommend minor surgery to remove a lymph node cyst.

Surgery – called lymph node excision or lymph node – removes the lymph node cyst along with the shaft. This is an outpatient surgery (not requiring hospitalization) and is usually performed under general anesthesia. Factors that may increase your risk of lymph node cysts include: Some doctors may decide to pierce the cyst with a needle and remove the fluid. While this may provide relief, the results are usually temporary, and there is a good chance that the fluid will replenish the cyst. Lymph node cysts usually occur on certain joints. Using the joint near the cyst can increase swelling and worsen the discomfort you are experiencing. A lymph node cyst is a small sac of fluid that forms on a joint or tendon (tissue that connects muscles to bones). Inside the cyst there is a thick, sticky, clear, colorless and gelatinous material.

Depending on their size, cysts may appear firm or spongy. Lymph node cysts usually transillate (let light through) during an office test with a small lumen. They can also be easily visualized with an ultrasound. Since the cause of a lymph node cyst is not known, it is difficult to say how to prevent it. Early assessment and treatment is recommended. If you could look under the skin to see a lymph node cyst, it would look like a water balloon (the cyst) attached to a tap (the joint or tendon). Surgery to remove a lymph node cyst is called a lymph nodectomy. This is usually an outpatient procedure. This means that you have to go home on the day of the operation. Full recovery takes two to six weeks. Orthopedic surgeons receive special training to perform complicated procedures on body joints and other soft tissues.

Doctors can usually diagnose a lymph node cyst based on where it is located and how it looks and feels. The cyst can be soft or firm. The image below shows the gelatinous fluid of the cyst in the image above. Its presence confirms the diagnosis of a lymph node cyst. Note: You may have heard a ganglion cyst called a “biblical cyst” or “biblical hump”. This is because a common home remedy in the past was to beat the cyst with a bible or other thick book to try to rupture or burst the cyst. Doctors do not recommend this treatment, but sometimes a cyst will rupture if a child falls on it. When this happens, the area will be red, swollen and painful for a few days. Just like a ruptured water balloon, the cyst may not return. Distinctive bumps are the main feature of ganglion cysts. Most are round or oval.

They may change in size and become larger or smaller as more fluid enters or is absorbed. Most lymph node cysts are not painful. Sometimes a cyst can cause a dull ache or ache when it is “compressed”. For example, a cyst on the top of a person`s wrist can cause pain when doing a push-up. Diagnosis is usually based on the location of the node and its appearance. Light will often pass through these tufts, which can help with diagnosis. Your hand surgeon may order X-rays to look for evidence of problems in nearby joints. Other imaging tests, such as ultrasound, can be helpful in diagnosing a lymph node cyst because the uniform dark appearance of fluid in the cyst is often characteristic.

They are also visible on MRI (magnetic resonance imaging), which is often useful if the cyst is suspected but is not easily felt during examination. Your doctor will also ask about your medical history to help diagnose your problem. If you don`t mind a lymph node cyst, it may not need treatment. Sometimes a lymph node cyst goes away on its own. If you have a lump, you should see your doctor even if you don`t have any symptoms that bother you. A physical exam is often all that is needed to diagnose a lymph node cyst. If repetitive movements make the cyst larger or more painful, the doctor may recommend rest and wearing a splint or orthosis. Anti-inflammatory medications can help relieve minor pain or discomfort.

A lymph node cyst is found just below the surface of the skin. It may look like a bubble blown from a joint. The lymph nodes sometimes have a translucent effect (you can see through the node from certain angles). If your cyst bothers you, your doctor may recommend one of these treatments: Your provider may consider surgery if other treatments don`t provide relief or if your cyst returns. Surgeons treat the lymph nodes by removing the entire cyst. A cyst often contains a stem-like structure (root) attached to the cyst.


When There Is No Law There Is No Crime

The principle of nulla poena sine lege, insofar as it applies to general criminal law, is enshrined in several national constitutions and international instruments (see Article 7, paragraph 1, of the European Convention on Human Rights). However, when applied to international criminal law and international humanitarian law, the same instruments often allow for the ex post application of the law. See Article 7(2) of the ECHR, which states that Article 7(1) “is without prejudice to the conviction and punishment of a person for an act or omission which, at the time it was committed, was punishable under the general principles of law recognised by civilised nations”. [23] Since the Prague trials, criminal law has included prohibitions of international criminal law in addition to those of national law. [19] Thus, it is possible to prosecute persons such as Nazi war criminals[20] and GDR officials responsible for the Berlin Wall,[21] even if their acts were authorized or even ordered under national law. Moreover, when dealing with such cases, courts tend to follow the law of the time to the letter, even in regimes where the law, as drafted, is generally ignored in practice by its own authors. [ref. needed] Romans 5:13 (For until the law is sin in the world; but sin is not attributed if there is no law. Nullum crimen sine lege is sometimes called the principle of legality. It is also interchangeable with “nullum poena sine lege”, which translates to “no punishment without law”. Nullum crimen sine lege means in Latin “no crime without law”.

However, some jurists criticize this because in the legal systems of continental Europe, where the maxim was first developed, “criminal law” was generally understood as statutory criminal law in order to provide the individual, considered a fundamental right, with a guarantee that he will not be prosecuted for an act or omission that is not considered a crime under the laws adopted by the legislators in force. then. the act or omission and only the penalties in force at the time of the offence are applied. [ref. needed] Even bearing in mind that certain acts are prohibited by general principles of international law, critics point out that a prohibition in a general principle does not constitute justification for a crime and that the rules of international law do not provide for specific sanctions for violations. While treaties established the principle of the NCSL, war crimes cases have shaped and defined the application of the NSCL in international criminal law. The International Criminal Tribunal for the former Yugoslavia (ICTY) addressed this issue in its first trial. In the case of The Prosecutor v. Tadić, Case No. IT-94-1-T, Defence motion for interloxiary appeal on jurisdiction, 2 October 1995, the defence argued that the accused could not be tried for violations of crimes against humanity because the definition of this crime applied to international armed conflicts. The application of this definition to internal armed conflicts would violate the principle of the NCSL. The question of jurisdiction can sometimes contradict this principle.

For example, customary international law allows pirates to be prosecuted by any country (applying universal jurisdiction), even if they have not committed any crime in the territory covered by that country`s law. A similar principle has emerged in recent decades with regard to crimes of genocide (see genocide as a crime under domestic law); and United Nations Security Council Resolution 1674 “reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome on accountability for the protection of populations from genocide, war crimes, ethnic cleansing and crimes against humanity,”[18] even if the State in which the population is attacked does not recognize such attacks as a violation of domestic law. It seems, however, that universal jurisdiction should not be substantially extended to other crimes in order to satisfy nulla poena sine lege. For the law operates anger: for where there is no law, there is no transgression. Nullum crimen sine lege is the principle of criminal law and international criminal law according to which a person cannot or should not be punished criminally, except for an act that was criminalized by law before the act. This idea is also reflected in laws that require crimes to be published in a clear legal text. Romans 1:17 For in it the righteousness of God is revealed from faith to faith; as it is written: The righteous shall live by faith. One of the complexities is the legislative power of judges under the common law. Even in civil law systems that do not allow judicial law, it is not always clear when the function of interpreting criminal law ends and when judicial legislation begins.

More recently, in September 2011, the Pre-Trial Chamber concluded in Case 002 that only certain forms of joint criminal enterprise (JEC) existed in customary international law at the applicable time alleged in the final order. IENG Sary case, Decision on the applicability of a joint criminal enterprise, 12 September 2011. The Pre-Trial Chamber decided that while the liability of the JCE I and JCE II companies would have been sufficiently accessible and foreseeable for the defendants in 1975, there was insufficient evidence of consistent State practice by the respondents with respect to JCE III at the time they committed the alleged acts. The Chamber reviewed the Convention on Terrorist Bombings and the Rome Statute of the ICC, sources used by the ICTY in the Tadić case to establish the legality of JSS III. These two sources did not exist when the alleged acts were committed in Cambodia from 1975 to 1979. Thus, the Pre-Trial Chamber was “unable to discern in Cambodian law, which was applicable at the material time, a provision that could have been communicated to the accused that such an extended form of responsibility is also punishable”. As a result, JCE was limited as a type of liability due to NCSL. More recently, the Extraordinary Chambers in the Courts of Cambodia (ECCC) considered the application of the NCSL in Case 002. The tribunal declared that a crime charged before the ECCC must have existed at the time it was committed under national, international or customary law.

IENG Sary case, decision on IENG Sary`s appeal against the final decision, 11 April 2011. The Pre-Trial Chamber decided that the accused could be tried for genocide and crimes against humanity because they were part of customary international law until 1975 and because Cambodia was bound by the Geneva Conventions, to which it was then a party, and was therefore under an obligation not to commit serious breaches of that Convention. The Appeals Chamber also stressed the importance of the NCSL principle, noting that “the only reason the authors had stated that the International Criminal Court should apply customary international law was to avoid a violation of the principle of nullum crimen sine lege if a party to a conflict failed to comply with a particular treaty.” It stipulated that the ICTY would maintain the NCSL as customary law and that contracts would apply to determine whether the NCSL principle had been respected. The Appeals Chamber noted that this nexus requirement had been removed from the definition of crimes against humanity in the Nuremberg Charter and that “the obsolescence of the nexus requirement is evidenced by the international conventions on genocide and apartheid, both of which prohibit certain types of crimes against humanity, regardless of any link to armed conflict.” This principle is codified in international treaties.


When Did Gambling Become Legal in Canada

The fact that each province and territory manages and monitors gambling activities means that there are differences in their rules, even when it comes to the minimum age required to play at a casino. Here`s when and where you can play, depending on where you live: In 1989, Canada`s first land-based commercial casino opened in Winnipeg. Another casino in Montreal followed in 1993. Other provinces opened several casinos a few years later. Manitoba, Quebec, Ontario, Nova Scotia and Saskatchewan now have their own commercial casinos. Some governments have also installed VLTs in their provinces, generating millions of dollars each year. In August 2021, single-game sports betting became legal in Canada. Betting on individual sporting events, by far the most popular form of illegal gambling, generates big payouts for bookmakers and is the largest source of revenue for organized crime. There are illegal private gambling houses in every major Canadian city. Fraudsters who use a variety of fraud techniques are common in casinos and are also active in legally operated private gambling establishments, but almost never attract the attention of law enforcement authorities. Private casino operators are not allowed to operate online casinos within Canada`s borders as opposed to state-owned casinos. Fortunately, Canadian residents can now join licensed gambling sites abroad and play their favorite games there. This is one of the ways technology has helped bridge the gap to make online betting much more accessible.

Canadian players who want to play online can use Maple Casino to find the best options in terms of game variety, bonus offers, mobile compatibility and much more. Until 2010, most online gamers played on their desktop. The online gambling industry in Canada has expanded over the past two decades as mobile devices have become more accessible. More than half of gamers in Canada now play slots and card games on their mobile devices. When you`re on the go, you probably carry your phone in your pocket. This makes it the most convenient way to play online games these days. Mobile casinos are user-friendly, filled with games, and as reliable as their desktop counterparts. Much of this income is found in various types of gambling, both live and online. In late 2021, the Saskatchewan Indian Gaming Authority agreed with the provincial government to introduce online gambling. The only province that didn`t have an online casino before has now also come to the party. The merits of Bill C-290 continue to be debated, but it is important to remember that the current ban does not stop the activity.

There is no doubt that the debate on Bill C-290 marks one of the most influential decisions regarding the legalization of sports betting in North America, and what is exciting is that Canada is at the forefront. Certainly, a savvy gambler would bet his money on the fact that the law on sports betting in Canada changes for the first time in many years. Wait a moment. $12.5 billion. This is the revenues of the gaming sector in Canada in 2021. And that`s not even surprising when you consider that 75% of Canadians have gambled in some sort of gambling. Today, gaming revenues amount to 30 billion Canadian dollars per year, which is among the largest in the world. In 1971, Manitoba founded its own lotteries, followed by Saskatchewan, Alberta and British Columbia.

The four provinces worked together in 1974 to create the prestigious Western Canadian Lottery Foundation. The Canadian government created the Olympic Lottery Corporation in 1973 to raise funds for the 1976 Olympic Games in Montreal. The growing interest in gambling also led to the establishment of the country`s first commercial casinos. A few hundred years after colonization, the laws were a little less strict, but players still did not have complete freedom. Gambling was part of Canadian culture until 1892, when it was completely banned. Religion and strict morality weighed heavily on the minds of the legislators of the time. This did not work as intended, as it allowed criminals to create and operate illegal betting shops. In 1900, the government made some changes to allow bingo and raffles, but only if it was charity. After that, horse betting was legalized in 1910.

Undoubtedly, however, online casinos have certainly eclipsed traditional physical locations. And although Canada prohibits the registration of online gambling sites in the country (with the exception of the Mohawk territory of Kahnawake), there are no restrictions or regulations on online gambling at casinos abroad, which many Canadians do. There`s no way to know when the game really appeared in Canada. Before the arrival of the British in the countryside, it was inhabited only by aborigines who played their own games of chance with sticks, bones and stones. Unfortunately, no one was there to record it. One thing is for sure, though, that was a long time ago! Until 1969, legal gambling in Canada consisted of pari-mutuel horse betting, charitable bingos, lottery programs and gambling at urban festivals. Finally, the liberalization of social ideals and the government`s desire to create new sources of revenue led to significant changes in the Canadian gaming scene. To kick-start the process, Parliament legalized lottery programs in 1969 and allowed the federal and provincial governments to hold lotteries. After many changes and decades of government closure to illegal gambling systems, legislative changes gave each province the right to introduce, license and regulate gambling within its jurisdiction.

It is believed that the game has been around since the Paleolithic period. But we can`t be sure, as the game`s history could go back even further without a written record of its existence. We know that lottery games and dominoes were already found in China in the 10th century, while the most popular games, such as poker, date back to the 17th century. The first official gaming event was a great horse race on July 1, 1767 in Quebec City on the Plains of Abraham. The mare Modesty, ridden by Captain Prescott, ran the course effortlessly and became the winner of the first horse race. The total sum of their victory was $40. In comparison, daily fantasy sports competitions are considered games of skill in most U.S. states, which allowed operators to enter most markets even before legalizing sports betting. In 1497, John Cabot claimed the territory of Canada for England. As it was technically under British rule, the game was immediately declared illegal in Canada. For this reason, the first gambling law in Canada dates back to 1338, when Richard III banned several dice games in England, believing it was too distracting for his soldiers and a waste of time.

All games have been banned. The ban on dice games in Canada was not lifted until 1999. Over the past 80 years, gambling in Canada has evolved from a socially tolerated activity only within narrow limits to a generally acceptable recreational activity. The social, legal and economic consequences of these activities are beginning to be recorded. In 1989, Winnipeg hosted the country`s first land-based commercial casino. Soon after, another opened in Montreal in 1993 and casinos began popping up across the country. Today, there are gambling establishments across Canada. Gambling laws in Canada can vary considerably from province to province. As one of the most lucrative markets in the world, gambling will undoubtedly continue to exist for centuries.

Gambling was legalized in Canada in 1985, but it took a few years for the gambling industry to grow and enter the mainstream. Many remote casinos have expanded their payment options and allow online gambling with PayPal deposits. The Safe and Regulated Sports Gaming Act also legalized electronic gambling. Most providers will also launch online casino apps on Monday, which Americans can only access in Nevada, Delaware, New Jersey and Pennsylvania. Today, Internet access is fast, cheap and global. Mobile devices are inexpensive and readily available. These factors now allow anyone to play at Canadian online casinos. Despite the fact that Canada has struggled throughout history to legalize gambling, it has seen significant growth during the pandemic. With so many different types of online casino games and features available to players in 2022, you can expect the online gambling industry to continue to grow.

In 1985, gambling was legalized in the country, but it took a few years for the gambling industry to become the giant it is today. Gambling is a very popular leisure activity in Canada and players enjoy it both online and offline. However, gambling laws and regulations can be confusing for beginners, as they are subject to territorial and provincial laws in Canada. Read on to find out where and when you can play casino games! But a defining moment in the history of the Canadian game was 1497, when John Cabot landed on the east coast of the country and discovered that Indigenous tribes liked to play with a deck of cards. Of course, these games were very primitive and not comparable to what we are used to today, but this discovery is considered the beginning of real play in Canada. Researchers found the first six-sided dice dating back to 3,000 BC. AD in Mesopotamia, and one of the earliest evidence of play comes from a dice game dating back to 2,300 BC. J.-C. in China. Online casinos are constantly updated and we regularly see a number of new banking methods, security measures and encryption technologies.

So it`s safe to say that apps that are becoming an industry standard could see advancements in mobile gaming.


Whats the Definition of an Alcoholic

If a loved one is showing signs of alcohol dependence, it can be difficult to know what to do. You may be worried about them, frustrated that they don`t seem to want help, or afraid of them or even them.2 All of these feelings are normal, and there is help for alcoholics and caregivers. Talk honestly with your loved one about their alcohol consumption and try to convince them to see a doctor. It can be very difficult for alcoholics to admit they have a problem, but being supportive, open, and non-judgmental can help them feel safe. In St. Vincent, the actor plays a lazy, alcoholic chain smoker who cares about no one but himself. Carla Gonçalves, a postdoctoral researcher at the University of Lisbon, is working with a yeast line that has lost the enzymes of alcoholic fermentation. If you identify with one of the definitions in this article, your concern about alcohol consumption may be justified. We encourage you to further explore our website to learn more about addiction, treatment, recovery and a healthy, sober life. If you`re willing to talk to someone, we have retainer guard specialists 24 hours a day, seven days a week. Call +44-844-740-1394 or email us at if you have any questions, comments or concerns.

How much and how often does a person need to drink to fit the definition of an alcoholic or AUD? You do the right thing by looking for the answers to this question, but be careful how you use the information. You may be wondering if you or someone you love is an alcoholic. The two tools below are similar to those used by medical professionals to diagnose and treat people with AUD, but be careful with self-diagnosis. Use the tools to learn more about alcohol and its negative effects so you can take safe steps to seek help. The NIAAA introduces five subtypes of alcoholics, but again, this is for informational purposes only, not to blame you or someone you love or apply labels. Health professionals use these subtypes to understand an alcoholic`s history and prescribe treatments. The subtypes of NIAAA are based on age and drinking behavior: I thought you should end up on Skid Row if you`re an alcoholic. The kidneys tend to be more or less affected in older alcoholic subjects. Having a “drinking problem” is different from alcohol addiction because of a major demarcating factor, the ability to step back and quit. According to the National Institute on Alcohol Abuse and Alcoholism (NIH), binge drinking is classified according to binge drinking, binge drinking, underage drinking, and women who drink during pregnancy.

By gender, heavy drinking among men is defined as more than five drinks in one sitting and more than 15 drinks per week. For women, it`s four drinks in one session and more than eight drinks in a week. These people can be classified as “almost alcoholics”. They are always able to step back, assess their situation and make appropriate adjustments. Fireball Cinnamon Whiskey is produced by Sazerac, an alcoholic beverage company based in Metairie, Louisiana. A complete closure of bars and nightclubs is disastrous for producers of alcoholic beverages. Note: Alcoholism is usually characterized by the inability to control alcohol consumption, reduced ability to work and socialize, a tendency to drink alone and exhibit violent behavior, neglect of physical appearance and proper nutrition, alcohol-related illnesses (such as hepatitis or cirrhosis of the liver), and moderate to severe withdrawal symptoms (such as irritability, anxiety, tremors, insomnia and confusion) in detoxification. You`ll find many definitions of “alcoholism” and “alcoholic,” most of which share these four traits: “No one wanted to be an alcoholic,” Gil told writer Patrick Sisson. Quite difficult for politicians to combine their patriotic efforts with pitch-and-toss and alcoholic pleasure! Patients do not tell the truth or have very elastic ideas of moderation when using alcoholic stimuli.

According to statistics, alcohol is the most commonly used addictive substance in the United States: 17.6 million people, or one in 12 adults, are diagnosed with alcoholism, and millions more engage in risky behaviors such as binge drinking, which can potentially lead to alcohol abuse. Unfortunately, the person who abuses alcohol is not the only person negatively affected by this behavior. This behavior puts a strain on family, friends and even children. Often, the mainstream media does not highlight the seriousness of alcohol abuse, but instead advertises it as acceptable social behavior that can distort the definition of alcoholism. While there is a fine line between an alcohol problem and alcohol dependence, both are unhealthy behaviors that result in difficulties in social relationships and emotional well-being, professional or professional difficulties, finances, family, and other areas of an individual`s life. NIAAA and FAST scores can help you determine if your loved one has a drinking problem. However, never use the information you find on the internet as a weapon to blame, justify or, worse, shame someone for drinking. We have resources on our website that can help you understand the things you should remember when talking to an alcoholic friend or family member.


What Type of Ruler Is Likely to Rule Using Legalism

For more than 200 years, the Chinese people have experienced war as their daily reality, and a legalistic approach to trying to control people`s worst impulses – controlling people through the threat of severe punishment for injustice – would have been the best way to deal with the chaos. Shang Yang`s legalism dealt with everyday situations, but also extended to how to behave in wartime, and he is credited with the tactic of total war, which allowed the Qin state to defeat other warring states in order to control China. It is an astonishing saying: the minister is inherently deceitful and murderous, and his failure to eliminate the sovereign is only a sign of insufficient preparation, not unwillingness to do so. The threat that ministers pose to the monarch is inherent in their position and can only be defused through the correct application of methods and techniques of government. Penalties and punishments can deter people from wrongdoing, but to encourage them “whatever the leader wants,” positive incentives – “ranks and emoluments” – are no less important. The ruler`s main goal, as Shang Yang keeps repeating, is to turn his subjects into industrious peasants and brave soldiers. This can only be achieved if engagement in these “bitter and dangerous” professions is the only way to ensure material wealth and fame. This understanding is in the background of Shang Yang`s most famous reform: the replacement of the traditional hereditary aristocratic order of Qin with the new system of “rank of merit.” Two other legalistic texts mentioned in the Han Imperial Catalogue have not been preserved intact, but lengthy quotations of them in the Imperial Encyclopedia have allowed for a partial reconstruction of their contents. Shēnzi申子 is attributed to Shen Buhai, who served as Chancellor of the State of Hán 韓 in the middle of the fourth century BC. J.-C. and is credited with a significant administrative improvement there.

Of the original six chapters, fewer than three dozen fragments have remained intact (Creel, 1974). Another text, Shènzi 慎子, is attributed to Shen Dao 慎到 (circa 300 BC), of whom very little is known (it is even possible that the figure of Shen Dao is an amalgam of several personalities; see Xu Fuhong 2013:2-8). Of the original 42 chapters, seven have survived (albeit in incomplete form) in a seventh-century encyclopedia; In total, more than 120 surviving fragments of the text are considered authentic (Thompson 1979; cf. Xu Fuhong 2013). To avoid confusion between Shēnzi and Shènzi, they are hereinafter referred to as the works of Shen Buhai and Shen Dao respectively. Shen stressed the importance of finding the right person to fill a position (xingming 刑名) and evaluated officials based on their abilities, performance, and seniority. He believed that leaders maximized power by wielding it as little as possible. He also encouraged leaders to scale back their activities and leave the details of administration to relevant ministers.

Well, the reason why a ruler builds high interior walls and outer walls, looking carefully at the bars of doors and doors, is to prepare [against] the coming of invaders and bandits. But whoever assassinates the ruler and takes his state does not necessarily climb difficult walls and slams doors and doors with bars. [He can be one of the ministers who] by restricting what the ruler sees and restricts what the ruler hears, takes his government and monopolizes his orders, owns his people and takes his state. (Creel 1974:344, modified translation) Today, [the leader] relies on many civil servants and many employees; To monitor them, he set up assistants and superiors. Assistants are installed and supervisors are set up to prohibit [staff] from making [personal] gains; But assistants and superiors also aspire to profit, so how can they forbid each other? (Shang jun shu 24:133; Book Lord Shang 24.2) Performance and title refer to statements and tasks. The Minister presents his statement; The sovereign assigns tasks to him according to his declaration and evaluates his merits exclusively according to the task. If merit coincides with the task and the task coincides with the declaration, [the Minister] is rewarded; If the merit does not match the task and the task does not match the statement, he will be punished. (Han Feizi 7:40–41) Legal scholars have placed particular emphasis on pragmatism regarding primacy and custom as the foundation of law. Laws should be objective, impersonal and impartial standards of human behaviour. Their aim was to support the state, the king and his army by balancing individual behavior with the public interest. Legalists believed that if the penalties were severe and the law applied equally to all, neither the powerful nor the weak could escape the control of the state. The state could reshape human behavior through the application of normative norms and criminal law (fa).

The effectiveness of laws depended on their enactment from a position of impersonal and institutionalized domination and the tacit support of the people. The Yellow Emperor said, “A hundred battles a day are fought between the superior and his subordinates.” Subordinates hide their private [interests] and try to test their superior; The supervisor applies standards and measures to restrict subordinates. Therefore, when norms and standards are established, they are the treasure of the leader; When cliques and cabals are formed, they are the minister`s treasure. If the minister does not assassinate his leader, it is because the cliques and the cabal are not formed. (Han Feizi 8:51) Legalism holds that people are essentially evil because they are selfish by nature. No one, unless forced, willingly sacrifices himself for another. According to the rules of legalism, this person will most likely be killed if it is in the best interest to kill another person. To prevent such deaths, a ruler had to create a set of laws that would direct people`s natural inclination toward self-interest toward the good of the state. Accordingly, in the land of an enlightened ruler, there are no texts written in books and on bamboo strips, but the law is doctrine; There is no “speech” of the former kings, but the officials are the teachers; There is no private handling of swords, but beheading [enemies] is bravery.

(Han Feizi 49:452) Unlike other famous philosophers of the time, Han Fei (韓非) was a member of the ruling Han family; In this context, his works have been interpreted by some scholars as addressing his cousin, the King of Han. Han Fei`s entire recorded work is collected in Han Feizi`s fifty-five chapters. Han Fei`s philosophy borrows from Shang Yang`s emphasis on laws, Shen Buhai`s emphasis on Shen Dao`s techniques and ideas on authority and legitimacy. The other main source of his political theories was Lao Zi`s Taoist work, the Tao Te Ching, which he interpreted as a political text and commented on (chapters 20 and 21 of his book Han Feizi). He saw the Tao as a law of nature that everyone and everything had to follow. At the same time, he believed that an ideal ruler made laws, as an inevitable force of nature, that people could not resist. Shen Dao concludes that the ministers may be guided by moral commitment; On the contrary, these exceptional people should not be employed at all. This sentiment is echoed in Han Feizi, a text that expresses with extreme clarity his conviction that each member of the elite – like each member of society – pursues his or her own interests (cf.

Goldin 2005:58-65; 2013). There are officials of moral integrity, but they are extraordinary individuals: “One cannot even find a dozen men of integrity and trustworthiness of the service (shi士), while the officials within the borders number in the hundreds. If only men of integrity and trustworthiness can be employed in the ministry, then there will not be enough people to fill the positions” (Han Feizi 49:451). This awareness is the source of the thinker`s great concern about the continuous and intractable power struggle between the ruler and members of his entourage (see below), and is also a source of Han Fei`s (and other legalists`) insistence on the priority of impersonal norms and regulations in dealing with relations between leaders and ministers. A sound administrative system should not be based on the trust and respect of ministers; On the contrary, they should be strictly controlled. A political system that presupposes human egoism is the only viable political system. Promotion must be separated once and for all from the personal judgments of the leader (or his ministers). It is enough to look at the performance of an incumbent at the lower level of the bureaucracy and promote him to higher positions with more and more responsibilities. This objective process of promotion for measurable and objective merit became one of the hallmarks of the Chinese administrative system throughout the imperial period and beyond.

Thinkers of different ideological tendencies shared the sober realization that a sovereign can be mediocrity; But for them, this problem was easy to solve. To the extent that the sovereign was wise enough to entrust day-to-day affairs to a meritorious assistant, he could continue to enjoy absolute prestige, while practical matters were decided by worthy ministers (see, for example, Xunzi 11:223–224; Hutton, 2014: 112–113).

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