Criminal Negligence and Recklessness: A Legal Analysis
Unit 25: Fault or Negligence
We often use the terms “guilt” and “recklessness” interchangeably. The Criminal Code (CP) primarily employs the concept of recklessness, while legal doctrine uses the concept of guilt.
Recklessness
Recklessness is performing an act without malice, justified by typical or predictable circumstances, but with an avoidable cause for the breach of the duty of care required of the subject personally. The foundation of recklessness is reproach: the subject’s ability to have knowledge
Read MoreBills Explained: Commercial, Treasury, and More
Commercial Bills
These are short-term, negotiable, and self-liquidating instruments with low risk, governed by the Indian Negotiable Instruments Act of 1881.
- Bill of Exchange: A written, unconditional order signed by the maker, directing payment of a certain sum to a specific person.
- Trade Bill: Another name for a bill of exchange.
- Commercial Bill (Bank-accepted): A trade bill accepted by a commercial bank.
- Period of Bills: Typically 30, 60, or 90 days.
- Demand Bill: Payable immediately upon demand or
Direct and Representative Democracy: A Comparative Analysis
Direct Democracy
Direct democracy, often limited in practice, is typically seen in small communities (under 100 inhabitants) using open councils. Due to the impracticality of gathering all citizens for every decision, semi-direct democracy emerges, employing referendums to consult the populace. This presents two key issues:
- Modern governance involves numerous complex decisions. Consulting citizens on every matter could lead to paralysis, yet bypassing consultation undermines democratic principles.
Spanish Ecclesiastical Law and Religious Freedom
On the Spanish Stock Plan (1978)
Legal Norms
In Spain, Article 1.1 of the Spanish Constitution (EC) establishes freedom, justice, equality, and political pluralism as core values. Articles 9-10 promote societal development and progress. The relationship between the State and religious confessions has changed due to the recognition of religious freedom.
Informing Principles of Spanish Ecclesiastical Law
Spain is a secular state. The principles informing ecclesiastical law are enshrined in Articles 14-
Read MoreSixteenth-Century Legal Crisis & Methodology
The Sixteenth-Century Legal Crisis and Its Methodological Implications
The Emergence of a New Legal Reality: Legislation
The fourteenth century, the era of the commentators’ theoretical activity, saw the full integration of Iura Propria into the Roman Ius Commune. Legal scholars sought to systematize this vast body of knowledge. Social evolution and the centralization of political power shifted the balance of legal sources, establishing the supremacy of kingdom or city laws over the Ius Commune
Read MoreSpanish Employment Contracts: Types, Requirements, and Validity
1. Employment and Hiring
1.1 Ability to Work and Hiring
A. The Employee:
- Age: Under 16 (except for public performances). 16-17-year-olds require parental/guardian authorization.
- Disability: Physical, psychological, or other health conditions recognized by law.
- Qualifications: Required academic or professional qualifications.
- Nationality: EU citizens cannot be discriminated against. Non-EU citizens require a work permit from the Ministry of Labor and Immigration.
B. The Employer:
- Individuals: Any person