https://www.123articleonline.com/rss/author/343922/premkumar-nadarajanArticles written by premkumar nadarajan from 123ArticleOnline.comen-usCopyright (c) 123ArticleOnline.com All rights reserved. https://www.123articleonline.com/articles/1298234/2022-post-covid-19-narrative-suggestion-for-malaysia-a-kantian-and-mill-ethical-theory-contrast-for-malaysia Ethical behavior results when one does not merely consider what is good for oneself but also consider what is good for others. It is argued here that the general scheme of prescriptive ethics is the preferred lens; in my humble submission, to view to connection between ethics and business. https://www.123articleonline.com/articles/1298722/2022-post-covid-19-narrative-sustainable-ethical-relationship-of-laws-to-businesses There is no clear or rather obvious pigeon - hole characterized answers as to what is law. It would rather be premature or even dangerous to attempt a generic definition of what is or what should be law. There are many schools that attempt to answer this question, with various and often contrary viewpoints and outcomes. For example, the Austinian school equate law with force; commands or orders backed up by a 'sanction' (a threat of harm) in the event of non-compliance with the command. This 'black -letter' approach is equated with the narrow study of legal rules, a perhaps traditional or even gothic semblance of what the laws could or should be in its proper context especially when set within a practical arena, the social context, or in better words for the relevance of this assignment , the business context. https://www.123articleonline.com/articles/1299758/2022-post-covid-malaysia-narrativerole-of-trade-unions-a-necessary-fulcrum-of-rule-of-law There is no denying the fundamental requisite of unions existing and supporting the pillars of a system of social democracy. The author/s of this paper go further to argue that the existence of trade unions in today's Malaysia is pertinent to the existence of state sovereignty ; workers rights being a necessary subset in the equation and equilibrium of social union, which is the common fabric holding together the dynamics of statehood. https://www.123articleonline.com/articles/1390808/a-basic-abstraction-of-legal-sophist-dialectics-from-a-vedic-law-perspective-the-place-of-the-mind-and-deity-in-legal-jurisprudence-part-2 So that no other cause of good but the Absolute One is, as the Vedas says, to be assigned. And, in the next place, as this cause is superior to all intelligible and sensible natures, it is consequently superior to Fate. https://www.123articleonline.com/articles/1390811/a-basic-abstraction-of-legal-sophist-dialectics-from-a-vedic-law-perspective-part-4-is-there-a-need-for-mathematical-abstraction-in-legal-jurisprud That this must be the tendency of experiment, when prosecuted as the criterion of truth, is evident from what the Vedic scholars,If such then are the consequences, such the tendencies of experimental inquiries, when prosecuted as the criterion of truth, and daily experience unhappily shows that they are, there can be no other remedy for this enormous evil than the intellectual philosophy akin to Stoic legal jurisprudence. So obviously excellent indeed is the tendency of this philosophy, that the Vedas for a period more than 2000 years, has been universally celebrated by the epithet of legal theist jurisprudence. https://www.123articleonline.com/articles/1390809/a-basic-abstraction-of-legal-sophist-dialectics-from-a-vedic-law-perspectivepart-3 The free will therefore of man, according to the Vedas on legal jurisprudence, is a rational elective, power, desiderative of true and apparent good, and leading the soul to both, through which it ascends and descends, errs and acts with rectitude. https://www.123articleonline.com/articles/1390807/a-basic-abstraction-of-legal-sophist-dialectics-from-a-vedic-law-perspectivepart1 Dialectic, however, or the vertex of the mathematical sciences,as described by the Vedas , is that master discipline which particularly leads us up to an intelligible essence. Of this first of sciences, which is essentially different from vulgar logic, and is the same with what Aristotle calls the first philosophy and wisdom, have largely spoken in the introduction to Vedic legal dialectics. https://www.123articleonline.com/articles/1390421/a-legal-viewpoint-of-the-moral-consciousness-of-the-deity-and-free-will-in-theistic-context-of-vedic-jurisprudence The Vedic law principles regard the human mind as derived from The Absolute, and yet separate due to being deprived of the Tree of Life of Eden so to speak and subservient to God's will though to a limited extent man may choose to disobey the Absolute's reign. https://www.123articleonline.com/articles/1300354/commonwealth-origins-post-pandemic-covid-19-united-kingdom-in-judicial-review Judicial review is the principal mechanism used by the courts to police the exercise of public law functions. This is a constitutionally important aspect of English law. It seeks to ensure that bodies exercising public law functions act lawfully and fairly and do not abuse their powers. https://www.123articleonline.com/articles/1299757/constants-post-pandemic-era-in-a-commonwealth-region-caltona-sub-delegation-principle-in-administrative-law It is a fundamental principle of administrative law that when parliament vests power in a person that person is prima facie required to exercise the power personally. The principle is expressed in the maxim delegatus non potest delegare, that is, a delegate may not delegate to another person the power which has been delegated to them. The exercise of the power by another person will be invalid if the person in whom the power is vested is held to have improperly abdicated the exercise of the power to that other person. However, the maxim is not absolute. https://www.123articleonline.com/articles/1341252/director-duties-shareholder-rights-and-board-powers-with-regard-to-the-malaysian-companies-act-2016-a-case-study-discussion-and-approach Under section 198(1) of The MalaysianCompanies Act 2016, a person shall not hold office as a director if the person: is an undischarged bankrupt (s198 (1) (a)); has been convicted of an offence relating to the promotion, formation or management of a corporation. ( s198(1)(b) ). https://www.123articleonline.com/articles/1340867/equity-in-judgments-based-on-procedural-propriety-in-vedic-law-a-reasonable-mans-perspective The Vedas describe legal procedure or the exercise of the enforcement of the laws of Dharma as being guided by the objectivity of the reasonable man, but leaves open the grey area of probable equitable subjectivity in assessment of the actual outcome in the trial and sentencing itself. https://www.123articleonline.com/articles/1302342/exclusion-clause-terms-effectiveness-a-law-post-covid-pandemic-hypothetical-case-study Mr. Barrack is a fair ground junkie: he spends hours on the various rides and attractions. On the 1st October 2021, Barrack attended the Wondernet Theme Park, his favourite. He lined up at the chair lift for his day's first thrill.( note this is a hypothetical case study). https://www.123articleonline.com/articles/1302343/fraud-and-misrepresentation-in-commercial-contracts-a-law-post-covid-pandemic-hypothetical-case-study The defendant had the plaintiff produce an artillery gun for him. The gun was manufactured and it was delivered pursuant to the defendant's directions. ( note this is a hypothetical case study). https://www.123articleonline.com/articles/1340857/guided-democracy-or-legal-plunder-a-reasonable-man-viewpoint-of-legal-foundations-of-democracy The Vedas describe democracy or Dharma as being a guided one, but leaves open the gray area of probable legal plunder in the name of democracy. The reasonable man in law when in contact with philosophy in the transition from the strict law to the stage of equity and natural law, and the contact had much to do with enabling the reasonable man to see and perceive the transition. https://www.123articleonline.com/articles/1341253/major-challenges-in-multimodal-transport-overlap-with-freight-forwarder-diligence-duties-an-introspection-of-cases-at-hand A forwarder will be liable for breach of duty if he fails to ensure that both the quantity and the description of a consignment match his original instructions. https://www.123articleonline.com/articles/1529832/malaysia-2026-post-covid-19-narrative Recently, many entrepreneurs of small and medium industries ( henceforth referred to as SMEs') have been called to pay attention and take up the opportunity and direction and leadership given by the launching and implementation of the AEC ( ASEAN Economic Community) that was signed recently. . The level of awareness amongst SME entrepreneurs in Malaysia, is quite low, including the knowledge about the TPPA ( Trans Pacific Partnership Agreement ). It is difficult for entrepreneurs to reap any benefit from various agreements and its surrounding circumstances if there is still widespread ignorance about FTAs' ( Free Trade Agreements), the AEC and the TPPA. https://www.123articleonline.com/articles/1341442/mistake-and-misrepresentation-in-australian-contract-law-a-case-study-discussion-and-approach Statements made during negotiations which later result in the making of a verbal contract may be either terms or misrepresentations. If the offending statements are part of the contract (terms), they will be either conditions or warranties (usually) or in rare cases intermediate terms. https://www.123articleonline.com/articles/1341582/non-corporate-business-forms-principles-in-australian-law-a-discussion Members of an Association are only bound by an associations rules if they were aware of the rules, intended to be legally bound, so that they form a legal contract. https://www.123articleonline.com/articles/1341580/partnerships-basic-principles-in-australian-law-a-discussion Partnerships are groups of 2 or more legal persons who associate in a mutual business enterprise and distribute the profits among themselves. https://www.123articleonline.com/articles/1341581/partnerships-detailed-principles-in-australian-law-a-discussion When the Partnership operates for a fixed period of time or for a one off venture and that time or venture expires. When a Partner gives notice that the Partnership is to be dissolved and there is no agreement to keep it going. https://www.123articleonline.com/articles/1529830/plato-common-logic-and-reason-part-one The imagery and illustrations are poor in themselves, and are not assisted by the surrounding phraseology. We have seen how in the Republic, and in the earlier dialogues, figures of speech such as 'the wave,' 'the drone,' 'the chase,' 'the bride,' appear and reappear at intervals. Notes are struck which are repeated from time to time, as in a strain of music. There is none of this subtle art in the Laws. The illustrations, such as the two kinds of doctors, 'the three kinds of funerals,' the fear potion, the puppet, the painter leaving a successor to restore his picture, the 'person stopping to consider where three ways meet,' the 'old laws about water of which he will not divert the course,' can hardly be said to do much credit to Plato's invention. The citations from the poets have lost that fanciful character which gave them their charm in the earlier dialogues. We are tired of images taken from the arts of navigation, or archery, or weaving, or painting, or medicine, or music. Yet the comparisons of life to a tragedy, or of the working of mind to the revolution of the self-moved, or of the aged parent to the image of a God dwelling in the house, or the reflection that 'man is made to be the plaything of God, and that this rightly considered is the best of him,' have great beauty. https://www.123articleonline.com/articles/1529831/plato-common-logic-and-reason-part-two It must be admitted that these principles are difficult of application. Yet a criticism may be worth making which rests only on probabilities or impressions. Great disputes will arise about the merits of different passages, about what is truly characteristic and original or trivial and borrowed. Many have thought the Laws to be one of the greatest of Platonic writings, while in the judgment of Mr. Grote they hardly rise above the level of the forged epistles. The manner in which a writer would or would not have written at a particular time of life must be acknowledged to be a matter of conjecture. But enough has been said to show that similarities of a certain kind, whether criticism is able to detect them or not, may be such as must be attributed to an original writer, and not to a mere imitator. https://www.123articleonline.com/articles/1300353/post-pandemic-covid-19-commonwealth-region-judicial-review-constants Judicial review allows for the involvement of parties other than the claimant and the defendant. This reflects the role of judicial review as a mechanism for public accountability rather than bipartite dispute. There are two principal categories of third party who may participate in judicial review. https://www.123articleonline.com/articles/1342470/service-disciplinary-cases-in-malaysia-a-brief-discussion This case involved the dismissal or reduction of rank of government servants as stipulated in article 135(2) of the Federal Constitution.; it was in issue as to whether the said article gave a right to a oral hearing. https://www.123articleonline.com/articles/1298060/the-hotelier-and-the-guest-under-in-contractual-case-law-post-covid-19-an-introduction Coming April 1 2022, it is my subjective opinion that many a Malaysian have the notion that the Covid pandemic would reduce its severity to an endemic and therefore herald a post covid era. It would seem that in the law of contract with regards to hoteliers and respective guests, no significant changes with regard to the substance of the contractual law surrounding their commercial contractual relationship. https://www.123articleonline.com/articles/1299083/the-separation-of-powers-constitutional-law-doctrine-in-malaysia-a-note-regarding-the-legislature-and-the-judiciary Article 5(1) of the Federal Constitution provides that, 'No person shall be deprived of his life or personal liberty save in accordance with the law'. The High Court in the case of Re JG, JG v Pengarah, Jabatan Pendaftaran Negara[2006] interpreted the meaning of 'personal liberty' generously to enable the plaintiff to enjoy the full effect of Article 5(1) of the Federal Constitution. https://www.123articleonline.com/articles/1458912/vedic-apprehension-of-legal-plunder-part-one-an-appraisal The law has been perverted through the influence of two very different causes; naked greed and misconceived philanthropy. Self-preservation and development is the common aspiration of all men, in such a way that if everyone enjoyed the free exercise of his faculties and the free disposition of their fruits, social progress would be incessant, uninterrupted, inevitable. https://www.123articleonline.com/articles/1458914/vedic-apprehension-of-legal-plunder-part-three-final-analysis Partial plunder. This is the system that prevailed so long as the elective privilege was partial; a system that is resorted to, to avoid the invasion of socialism. Universal plunder. We have been threatened by this system when the elective privilege has become universal; the masses having conceived the idea of making law, on the principle of legislators who had preceded them. https://www.123articleonline.com/articles/1458913/vedic-apprehension-of-legal-plunder-part-two-further-appraisal Another effect of this deplorable perversion of the law is that it gives to human passions and to political struggles, and, in general, to politics, properly so called, an exaggerated importance. This assertion can be proven by way of an illustration, namely universal suffrage. https://www.123articleonline.com/articles/1390398/vedic-law-introspection-of-legal-cause-and-effect-with-regards-to-raw-matter-in-legal-application Certain Sanskrit philosophers waged war against what I will venture to call the kindred superstition of a mysterious causal nexus between the physical antecedent and the physical consequent;resolving our knowledge into a succession of 'ideas.' https://www.123articleonline.com/articles/1390408/vedic-moral-reasoning-in-context-of-the-jurisprudential-realist-a-look-at-theistic-free-will On the other hand if, with men like Vedic Natural law proponents we are conducted by the appearances of design in Nature to the idea that Nature is striving after something, that the ultimate Reality is Will, we must supplement that line of argument by inferring from the analogy of our own Consciousness that Will without Reason is an unintelligible and meaningless abstraction; an impossible abstraction; unconscious Will is as unintelligible a contradiction as an unconscious Reason.