WorldWideScience

Sample records for rural justice law

  1. 'Better justice?' or 'shambolic justice?': Governments' use of information technology for access to law and justice, and the impact on regional and rural legal practitioners

    Directory of Open Access Journals (Sweden)

    Caroline Hart

    2017-04-01

    Full Text Available This paper reports the results of a study on whether government use of information technology potentially compromises access to law and justice by Queensland regional and rural (RR legal practitioners. The paper describes current approaches to the use of information technology by state and federal governments, and provides an insight into the challenges and opportunities identified by individual RR legal practitioners, policy-makers and the judiciary on the use of such technology. The paper makes recommendations to promote increased access to law and justice for RR legal practitioners when using government information technology.

  2. Health Law as Social Justice.

    Science.gov (United States)

    Wiley, Lindsay F

    2014-01-01

    Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and policy. This Article labels, describes, and furthers a nascent "health justice" movement by examining what it means to view health law as an instrument of social justice. Drawing on the experiences of the reproductive justice, environmental justice, and food justice movements, and on the writings of political philosophers and ethicists on health justice, I propose that health justice offers an alternative to the market competition and patient rights paradigms that currently dominate health law scholarship, advocacy, and reform. I then examine the role of law in reducing health disparities through the health justice lens. I argue that the nascent health justice framework suggests three commitments for the use of law to reduce health disparities. First, to a broader inquiry that views access to health care as one among many social determinants of health deserving of public attention and resources. Second, to probing inquiry into the effects of class, racial, and other forms of social and cultural bias on the design and implementation of measures to reduce health disparities. And third, to collective action grounded in community engagement and participatory parity. In exploring these commitments, I highlight tensions within the social justice framework and between the social justice framework and the nascent health justice movement

  3. Corrective justice and contract law

    OpenAIRE

    Martín Hevia

    2010-01-01

    This article suggests that the central aspects of contract law in various jurisdictions can be explained within the idea of corrective justice. The article is divided into three parts. The first part distinguishes between corrective justice and distributive justice. The second part describes contract law. The third part focuses on actions for breach of contract and within that context reflects upon the idea of corrective justice.

  4. Corrective justice and contract law

    Directory of Open Access Journals (Sweden)

    Martín Hevia

    2010-06-01

    Full Text Available This article suggests that the central aspects of contract law in various jurisdictions can be explained within the idea of corrective justice. The article is divided into three parts. The first part distinguishes between corrective justice and distributive justice. The second part describes contract law. The third part focuses on actions for breach of contract and within that context reflects upon the idea of corrective justice.

  5. Rural science education as social justice

    Science.gov (United States)

    Eppley, Karen

    2017-03-01

    What part can science education play in the dismantling of obstacles to social justice in rural places? In this Forum contribution, I use "Learning in and about Rural Places: Connections and Tensions Between Students' Everyday Experiences and Environmental Quality Issues in their Community"(Zimmerman and Weible 2016) to explicitly position rural education as a project of social justice that seeks full participatory parity for rural citizens. Fraser's (2009) conceptualization of social justice in rural education requires attention to the just distribution of resources, the recognition of the inherent capacities of rural people, and the right to equal participation in democratic processes that lead to opportunities to make decisions affecting local, regional, and global lives. This Forum piece considers the potential of place-based science education to contribute to this project.

  6. Law and Justice in Literature, Film and Theater

    DEFF Research Database (Denmark)

    This book is a Nordic contribution to law and humanities. It treats the legal culture of the Nordic countries through intensive analyses of canonical Nordic artworks. Law and justice have always been ‘burning issues’ in Nordic literature, film and theater from the Icelandic sagas through...... and for the understanding of the interdisciplinary exchange of law and humanities? Law and literature was originally developed in countries of common law. This book investigates law and humanities from a different legal tradition, and contributes thus both to the discussion of the general and the comparative studies of law...... for instance Ludvig Holberg and Henrik Ibsen until Lars Noréns theatre and Lars von Trier's dogmefilms of today. This book strives to answer two fundamental questions: is there a special Nordic justice? And what does the legal and literary/aesthetic culture of the North mean for the concept of law and justice...

  7. Realising social justice in public health law.

    Science.gov (United States)

    Fox, Marie; Thomson, Michael

    2013-03-01

    Law has played an important, but largely constitutive, role in the development of the public health enterprise. Thus, law has been central to setting up the institutions and offices of public health. The moral agenda has, however, been shaped to a much greater extent by bioethics. While social justice has been placed at the heart of this agenda, we argue that there has been little place within dominant conceptions of social justice for gender equity and women's interests which we see as crucial to a fully realised vision of social justice. We argue that, aside from particular interventions in the field of reproduction, public health practice tends to marginalise women-a claim we support by critically examining strategies to combat the HIV pandemic in sub-Saharan Africa. To counter the marginalisation of women's interests, this article argues that Amartya Sen's capabilities approach has much to contribute to the framing of public health law and policy. Sen's approach provides an evaluative and normative framework which recognises the importance of both gender and health equity to achieving social justice. We suggest that domestic law and international human rights provisions, in particular the emerging human right to health, offer mechanisms to promote capabilities, and foster a robust and inclusive conception of social justice.

  8. Access to Justice and Labor Law Reform in Asia

    Directory of Open Access Journals (Sweden)

    Asri Wijayanti

    2016-06-01

    Full Text Available The existence of national labor law system guarantees fair is one of legal reform to achieve access to justice. This study aims to analyze whether the system of labor law has given capacity to achieve access to justice as the basis for implementing international labor relations in Asia. The method of this study is a normative legal research with statute approach. The findings support that there was an inconsistency on the substance of the legal structures that affect the low legal culture. The substance of the national labor law systems have not adapted the comprehensive International Labor Organization (ILO conventions. Less robust system of national labor laws affect access to justice in the weak field of labor in the region. How To Cite: Wijayanti, A. (2016. Access to Justice and Labor Law Reform in Asia. Rechtsidee, 3(1, 17-26. doi:http://dx.doi.org/10.21070/jihr.v3i1.144

  9. Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice

    Directory of Open Access Journals (Sweden)

    Ansori Ansori

    2014-01-01

    Full Text Available The future of the children will determine the future of the nation. The increasing problem of juvenile delinquency in this globalization and information technology era, requires the state to give more attention to the child's future. Application of the criminal justice system for children in Indonesia is as stipulated in Law Number 3 of 1997 potentially detrimental to the child's interests. In practice, the judicial system had many problems, among them is a violation of the rights of children, such as: physical and psychological violence, as well as deprivation of the right to education and welfare. It happened because the juvenile justice system is against to national and international regulations on the protection of children’s rights. Besides that, theory of punishment for the juvenile delinquency still refers to the concept of retribution for the crimes. This concept is not very useful for the development of the child, so the concept need to be repaired with the concept of restorative justice. With this concept, the criminal justice system for the juvenile delinquency, leads to the restoration of the state and the settlement pattern, involving the perpetrator, the victim, their families and engage with the community. This is done with consideration for the protection of children against the law. Whereas in line with this spirit of the restorative justice, it gives birth to the Law No. 11 of 2012 on The Criminal Justice System of Children. How To Cite: Ansori, A. (2014. Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice. Rechtsidee, 1(1, 11-26. doi:http://dx.doi.org/10.21070/jihr.v1i1.95

  10. International criminal justice: a pillar for the international rule of law

    Directory of Open Access Journals (Sweden)

    Gonzalo Aguilar Cavallo

    2012-12-01

    Full Text Available The international criminal justice has experienced a rapid change over the past years. This circumstance has underscored the need for interaction and complementation between international and domestic law. Some authors consider that the international criminal justice, and the activities of its tribunals, jeopardize the legality of international law. Our vision is that international criminal justice is a central pillar of the rule of law, at the national and the international levels. Far from undermining the legality of international law, international criminal justice paves the way towards a true international public order.

  11. Monopolizing Global Justice: International Criminal Law as Challenge to Human Diversity

    OpenAIRE

    Nouwen, Sarah Maria; Werner, Wouter G

    2014-01-01

    Over the past two decades, international criminal law has been increasingly institutionalized and has become one of the dominant frames for defining issues of justice and conflict resolution. Indeed, international criminal law is often presented as the road towards global justice. But the rise of international criminal law and its equation with global justice come with a profound risk: alternative conceptions of justice can be marginalized. Based on field work in Uganda and Sudan, we present ...

  12. Implementation Of Law Number 11 Of 2012 Concerning Child Related Criminal Justice System Concept Restorative Justice

    Directory of Open Access Journals (Sweden)

    Intan Karangan

    2016-09-01

    Full Text Available This study aims to determine how the application of the concept of restorative justice in accordance with Law No. 11 of 2012 on Child Criminal Justice system. This study uses normative namely a study that discusses the problem based on the literature and legislation relating to the matter to be investigated. Law No. 11 of 2012 on the Criminal Justice System Child has provided a new concept in the criminal justice system, especially those in the juvenile justice system. Related to the concept of Restorative Justice or restorative justice is a resolution processes involving perpetrators, victims, families, and other relevant parties in a criminal act, jointly seek solutions to the offense and its implications by emphasizing restoration and not retribution

  13. Justice foundations for the Comprehensive Law Movement.

    Science.gov (United States)

    Dewhurst, Dale

    2010-01-01

    Authors examining the developing dispute resolution alternatives to the adversarial system have identified nine converging "vectors" or alternatives in what has been termed the Comprehensive Law Movement. These authors have sought to understand how the developing vectors can remain separate and vibrant movements while sharing common ground. Some analyze these developments as being within law and legal practice, others see them as alternative approaches to law, and still others take a combined approach. It will be impossible to understand how these vectors have meaningful differences from law and legal practice if the search is limited to looking within law and legal practice. It will be impossible to understand how these vectors have meaningful commonalities with law and legal practice if the search is limited to looking external to law and legal practice. Instead of comparing the vectors with the adversarial system, higher order criteria are required. What is needed is a comprehensive and internally consistent super-system of norms; one that can be used to evaluate the adversarial system and the evolving vectors on an equal footing. An Aristotelian natural law virtue theory of justice can: (a) provide a functional guiding definition of justice; (b) serve as a comprehensive and internally consistent super-system of norms; and (c) provide the theoretical and evaluative foundation required to clarify the relationships among the adversarial system and the developing vectors. Finally, it will become clear why the Comprehensive Law Movement might be more appropriately conceptualized as the Comprehensive Justice Movement. Copyright © 2010 Elsevier Ltd. All rights reserved.

  14. Law, Justice and Responsibility in the Philosophy of Jacques Derrida

    Directory of Open Access Journals (Sweden)

    J Jahangiri

    2014-03-01

    Full Text Available The works written in Persian about Jacques Derrida or the works translated into Persian about and from him have concentrated on Derrida’s aesthetic tendencies and forgotten his political philosophy and thought. But, we should know that his political philosophy and thought are so rich and working on them is necessary for our philosophical communities. In English-speaking world, it is for a decade that Derrida’s political thought has attracted writers’ and scholars’ attention. The works written in this period have concentrated independently on Derrida’s political philosophy and thought or have ‘politicized’ his aesthetic concepts. In this essay, we are trying to investigate the concepts of law, justice and responsibility in the philosophy of Derrida. First, we will clarify the distinctions between law and justice. For doing so, we will pay attention to Derridean concept of ‘deconstruction’. For Derrida, as we will see, law is ‘deconstructible’ and justice is ‘undeconstructible’. Second, we will investigate the relations between law, justice and responsibility. We will conclude that justice, contrary to law, does not prevent us from taking responsibility.

  15. Monopolizing Global Justice: International Criminal Law as Challenge to Human Diversity

    NARCIS (Netherlands)

    Werner, W.G.; Nouwen, S.

    2014-01-01

    Over the past two decades, international criminal law has been increasingly institutionalized and has become one of the dominant frames for defining issues of justice and conflict resolution. Indeed, international criminal law is often presented as the road towards global justice. But the rise of

  16. Social justice and rural education in South Africa | Hlalele ...

    African Journals Online (AJOL)

    This paper, grounded in a distributive paradigm that views social justice as a proper distribution of social benefits and burdens among members of society, traverses the positive and negative features of rural education related to social justice. It concedes that difference is an inherent, inevitable and indispensable feature of ...

  17. Law and justice in Post-Soviet Russia: Strategies of constitutional modernization

    Directory of Open Access Journals (Sweden)

    Andrei N. Medushevsky

    2012-07-01

    Full Text Available The relationships between notions of law and justice – the central argument in political debates of transition periods. The law is defined in contemporary political science as a special form of social organization which represents itself as a value, norm and fact. The complex interpretation of law as a multidimensional phenomenon is possible only if these three competing parameters are taken into consideration. Another side of the problem is the definition of justice as an ideal, norm or historical tradition. Our purpose in this article is to reconstruct on the basis of cognitive and information theory approach some basic parameters of law and justice in the process of searching solutions for fundamental problems of transitional Post-Soviet period. Among them are: the conflict of law and justice in current Russian political reality; social equality and new property relations; national identity and system of government; the form of government and the type of political regime; legitimacy and legality of political transformation; effectiveness of law. The establishment of a new constitutional order is simultaneously the result and the main premise of this transformation. At the focus of our approach is the comparison between conservative, liberal and pragmatic strategies of legal and constitutional transformation.

  18. Gender, International Law and Justice : Access to Gender Equality ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Gender, International Law and Justice : Access to Gender Equality. Countries that have ratified or acceded to the Convention on the Elimination of All Forms of Discrimination against ... Centre for International Sustainable Development Law.

  19. Law and Justice CTE Program Offers a Hands-On Approach to Learning

    Science.gov (United States)

    Klein, Jennifer

    2013-01-01

    Tom Washburn, founder of the Law and Justice Program in Fulton County Schools in Atlanta, Georgia, sees career and technical education (CTE) as a framework for gains in reading comprehension, public speaking, math and science. "It's a holistic approach to learning, framed by law and justice. Behind the scenes we're reading novels, improving…

  20. LAW ENFORCEMENT PREPAREDNESS FOR THE IMPLEMENTATION OF INDONESIA’S LAW ON JUVENILE JUSTICE SYSTEM

    Directory of Open Access Journals (Sweden)

    Dani Krisnawati

    2014-03-01

    Full Text Available Paradigmatic changes stipulated in Law Number 11 of 2012 on Juvenile Justice System, including regulations concerning restorative justice and diversion require the competency and skills of the law enforcement officers. This research identifies measures that have been taken and the existing barriers in preparing for the implementation of this Law. The research demonstrates that the readiness of the investigators and child prosecutors are merely limited to the outreach of Law Number 11 of 2012, whilst knowledge of the court judges only covers the draft Law. The number of officers receiving outreach is limited and should be increased. Negative perception on the officers due to the risk of a bribery accusation is feared to hamper the implementation of diversion regulation based on a restorative justice. Perubahan paradigmatik yang termuat dalam Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak, termasuk diantaranya ketentuan mengenai keadilan restoratif dan diversi, memerlukan kompetensi dan keahlian aparat penegak hukum. Penelitian ini mengidentifikasi langkah yang telah dilakukan dan kendala persiapan implementasi Undang-Undang tersebut. Hasil penelitian memperlihatkan bahwa kesiapan penyidik dan penuntut umum anak masih terbatas pada partisipasi sosialisasi Undang-Undang Nomor 11 Tahun 2012, sedangkan hakim anak memiliki pengetahuan hanya pada Rancangan Undang-Undang. Jumlah aparat yang menerima sosialisasi Undang-Undangmasih terbatas dan perlu ditingkatkan jumlahnya. Pandangan negatif terhadap aparat karena bisa menimbulkan dugaan suap dikhawatirkan menjadi penghambat diterapkannya ketentuan diversi dengan pendekatan keadilan restoratif.

  1. Constitutional Justice and the Perennial Task of ‘Constitutionalizing’ Law and Society through ‘Participatory Justice’

    OpenAIRE

    PETERSMANN, Ernst-Ulrich

    2010-01-01

    This contribution argues that concepts of social justice in European and international private law must remain consistent with the principles of justice underlying European and international public law. The contribution begins with a brief explanation of the diversity of conceptions of constitutional justice and of their legal impact on ever more fields of European public and private law (1). After clarifying the constitutional terminology used in this contribution (2), Rawlsian p...

  2. Understanding Death Penalty Support and Opposition Among Criminal Justice and Law Enforcement Students

    Directory of Open Access Journals (Sweden)

    Raj Sethuraju

    2016-01-01

    Full Text Available Although a sizable number of studies have gathered information from college students regarding their varying degrees of support for capital punishment, few have explored the underlying rationales behind these students’ death penalty support or opposition. In addition, although criminal justice majors have frequently been used as study participants, little research has sought to explore if law enforcement majors are different in manners for supporting or opposing capital punishment than other criminal justice majors. In the current study, a survey designed to measure reasons for support or opposition to capital punishment was administered to a convenience sample of 135 criminal justice and law enforcement majors at a mid-size Midwestern university. The results indicated that law enforcement majors were not significantly different from criminal justice majors on measures of support or opposition to capital punishment. There were, however, some notable differences found related to the academic standing of the students.

  3. Architectures of intergenerational justice : Human dignity, international law, and duties to future generations

    NARCIS (Netherlands)

    Riley, Stephen

    2016-01-01

    This article draws attention to the constitutive requirements of intergenerational justice and exposes the limitations of regulative arguments based on international human rights law. Intergenerational justice demands constraining the regulative freedom of the international community, and it is

  4. Equal Access to Justice in a Rural Western State

    Directory of Open Access Journals (Sweden)

    Monte Miller

    2004-12-01

    Full Text Available Twenty three inmates from a rural state penitentiary with mental retardation participated in a study on the differential treatment of persons with mental retardation by the criminal justice system. After obtaining informed consent, the inmates were screened for appropriateness for the study using the PPVT-R, a proxy test for IQ. The inmates were interviewed to obtain a social history and given the CAST-MR, an instrument that measures the competency of a person with mental retardation to stand trial. Results suggest participants may not have been competent to stand trial, learned most of what they knew about the criminal justice system while incarcerated, and had difficulty with interpersonal conflict and conflict with authority. The combination of these factors suggests that clients in the study may have been vulnerable to being coerced into confessing to crimes they did not commit. The presence of an advocate during criminal justice system encounters may benefit persons with mental retardation.

  5. Toxic torts: science, law, and the possibility of justice

    National Research Council Canada - National Science Library

    Cranor, Carl F

    2006-01-01

    ..., lower deterrence for wrongful conduct and harmful products, and decrease the possibility of justice for citizens injured by toxic substances. Even if courts review evidence well, greater judicial scrutiny increases litigation costs and attorney screening of clients and decreases citizens' access to the law. This book introduces these issues, reveals ...

  6. Images of Justice: Contemporary Art in Retfærd. Nordic Journal of Law and Justice

    DEFF Research Database (Denmark)

    Hammerslev, Ole

    2014-01-01

    Many of the texts written about the relationship between law and art have background in the perception of art that existed before the manifestation of idea based and conceptual art in the 1960s. By contrast, this paper examines how contemporary art visually portrays justice from a variety of themes......’ and art’s engagement with law. Moreover, since all the artworks are contemporary, they illustrate issues of societal concern, not least images about the wars in the aftermath of the terror attacks on 9/11, identity formation and commerce....

  7. Removal of Public Officers from Office: Law and Justice in a Flux ...

    African Journals Online (AJOL)

    The courts have striven with changing trends in ensuring balance and justice for both the workers and the industries. The author's appraisal of case law puts in view the state of both substantive and procedural law on the discipline of public officers as expounded by judges in the exercise of their power of judicial review.

  8. Opportunities for AIDS prevention in a rural state in criminal justice and drug treatment settings.

    Science.gov (United States)

    Farabee, D; Leukefeld, C G

    1999-01-01

    This study examined the likelihood that drug users would receive HIV/ AIDS prevention information and supplies (e.g., condoms and bleach) in the rural state of Kentucky. Despite evidence of high HIV risk among criminal justice and substance-using populations, incarceration and substance-user treatment were only minimally associated with prior HIV prevention exposure or HIV testing. These data strongly support the use of criminal justice and treatment settings to provide AIDS prevention interventions for the high-risk drug-using populations they serve, and to target HIV prevention services in rural as well as urban areas.

  9. Justices as “Sacred Symbols”: Antonin Scalia and the Cultural Life of the Law

    Directory of Open Access Journals (Sweden)

    Christopher Jones Brian

    2017-05-01

    Full Text Available Perhaps no single judge in recent years has embodied the intricacies and difficulties of the cultural life of the law as much as American Supreme Court Justice Antonin Scalia. While common law judges have traditionally acquired status—and cultural relevance—from the significance, eloquence and forcefulness of their judicial opinions, Justice Scalia took an altogether different route. Both on and off the bench, he pushed the limits of legal and political legitimacy. He did this through a strict adherence to what we call a “judicial mandate,” flamboyant but engaging writing, biting humor and widespread marketing of his originalist and textualist interpretative theories. This article chronicles these features of Scalia’s jurisprudence and public life more generally, ultimately characterising the late justice as a “sacred symbol” in American legal and political circles, and beyond.

  10. Sexual abuse and access to justice for rural women in West Africa ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    More specifically, this project will involve the African Network for Integrated Development (ANID) and its partners taking a participatory research-action approach, and combining qualitative and quantitative methods to produce a knowledge base regarding sexual abuse and the constraints on access to justice in rural areas.

  11. About the rights with which we are born: The radical natural law and the social justice from K. Marx up to neoliberalism

    Directory of Open Access Journals (Sweden)

    Kuljić Todor

    2017-01-01

    Full Text Available The natural law is a overempiric law that does not owe his dignity to the legal norm than to the intrinsic qualities of a human being. This paper presents a different hierarchical position of the natural law in the critics of capitalism from K. Marx to our days and its different intonation as a superpositive framework of justice. One should analytically differentiate between (1 theoretical search for social justice in the philosophy of the natural law (K.Marx, M.Weber, G.Radbruch, L.Strauss, E.Bloch, Lj.Tadić and (2 empirical identification of power relations that allowed or hindered social justice in the reality. The paper provides analysis of historically different relationships between positive and radical natural law in both the compressed 20th century epochal conscience and today’s neoliberal one. In addition, it compares role of the natural law in capitalism and socialism and differentiates between social justice from above and social justice from below. The first one is gratuitous, paternalistic and limited, the second one is radical and has to be conquered. Radical natural law should express itself as a fully developed social justice liberated from capitalism. Critic of social unjustice from the viewpoint of natural law has no practical effects in our days, and in spite of it, it is not anachronistic. [Project of the Serbian Ministry of Education, Science and Technological Development, Grant no. 149005: Društveni akteri i društvene promene u Srbiji 1990-2010

  12. OUTLAWING AMNESTY: THE RETURN OF CRIMINAL JUSTICE IN TRANSITIONAL JUSTICE SCHEMES*

    Directory of Open Access Journals (Sweden)

    Lisa J. Laplante, University of Connecticut-School of Law, Estados Unidos

    2012-11-01

    Full Text Available Abstract: This Article responds to an apparent gap in the scholarly literature which fails to merge the fields of human rights law and international criminal law—a step that would resolve the current debate as to whether any amnesty in transitional justice settings is lawful. More specifically, even though both fields are a subset of transitional justice in general, the discipline of international criminal law still supports the theory of “qualified amnesties” in transitional justice schemes, while international human rights law now stands for the proposition that no amnesty is lawful in those settings. This Article brings attention to this new development through a discussion of the Barrios Altos case. This Article seeks to reveal how an international human rights decision can dramatically impact state practice, thus also contributing to a pending question in international human rights law as to whether such jurisprudence is effective in increasing human rights protections. The Article concludes by looking at the implications of this new legal development in regard to amnesties in order to encourage future research regarding the role of criminal justice in transitional justice schemes. Keywords: Amnesty in the Americas. Transitional Justice. Human Rights Violations

  13. Justice, legal validity and the force of law with special reference to ...

    African Journals Online (AJOL)

    In order to account for this coherence Dooyeweerd developed a theory in which both the ... On this basis the difference between law and justice is specified by ... legal principles and the regulatively deepened (disclosed) principles of legal ...

  14. National Institute of Justice (NIJ): improving the effectiveness of law enforcement via homeland security technology improvements (Keynote Address)

    Science.gov (United States)

    Morgan, John S.

    2005-05-01

    Law enforcement agencies play a key role in protecting the nation from and responding to terrorist attacks. Preventing terrorism and promoting the nation"s security is the Department of Justice"s number one strategic priority. This is reflected in its technology development efforts, as well as its operational focus. The National Institute of Justice (NIJ) is the national focal point for the research, development, test and evaluation of technology for law enforcement. In addition to its responsibilities in supporting day-to-day criminal justice needs in areas such as less lethal weapons and forensic science, NIJ also provides critical support for counter-terrorism capacity improvements in state and local law enforcement in several areas. The most important of these areas are bomb response, concealed weapons detection, communications and information technology, which together offer the greatest potential benefit with respect to improving the ability to law enforcement agencies to respond to all types of crime including terrorist acts. NIJ coordinates its activities with several other key federal partners, including the Department of Homeland Security"s Science and Technology Directorate, the Technical Support Working Group, and the Department of Defense.

  15. Model(ing) Law: The ICTY, the International Criminal Justice Template, and Reconciliation in the Former Yugoslavia

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2013-01-01

    My project uses the case study of the ICTY and reconciliation in the Balkans to address the larger topic of the capacity of international criminal tribunals (ICTs) as transitional justice mechanisms. I argue that the ICTY operates under the (flawed) received wisdom of the IMT at Nuremberg, what I...... term the international criminal justice template. This template accords three transitional justice functions for ICTs beyond (and in conjunction with) their central judicial aim of adjudicating cases: as (1) articulators of progressive criminal law (2) historians and (3) reconcilers or storytellers. My...... and the development of international law and society studies, in order to better theorize and understand the structural and theoretical constraints governing the establishment of legitimacy for international criminal courts....

  16. The Principle Of Justice In Magna Carta Libertatum And Its Influence On The Law In General

    Directory of Open Access Journals (Sweden)

    Zendeli Emine

    2015-12-01

    Full Text Available This article aims to expound the principle of justice, as a fundamental value and as an immanent category of law, as well as one of the fundamental human rights, prescribed and guaranteed by a myriad of international instruments and documents. After a brief historical account, by focusing on Article 40 of the Magna Carta Libertatum, which states that: “To No One Will we Sell, To No One Will we refuse or delay, right or justice”, this article claims to show the importance of incorporation of this principle in the provisions of the Magna Carta and its impact on the development of theory and legislation in the past and present. Moreover, the article intends to explore the extent of influence that the priciple of justice has on the functioning of the law in general. Since justice implicates the permanent and constant will to render each person his due, and this achieved through equality, it results that justice means being equal. In this context, the article will explore the concept of equality as a precondition of justice, as well as the conditions and modalities for its implementation.

  17. Characteristics of Precedent : The Case Law of the European Court of Justice in Three Dimensions

    OpenAIRE

    Derlén, Mattias; Lindholm, Johan

    2015-01-01

    The case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law’s role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case— type of action, actors involved, and area of law—and, on the other hand, the judgment’s “embeddedness” in previous case law and value as a precedent in...

  18. A Study of Rural High School Principals' Perceptions as Social Justice Leaders

    Science.gov (United States)

    Albritton, Shelly; Huffman, Stephanie; McClellan, Rhonda

    2017-01-01

    This multisite case study explores how rural principals in high poverty schools in a Southern state that had identified themselves as social justice leaders perceived student diversity, specifically LGBTQ students, and how they sustained a socially-just school climate for all students. Using a qualitative approach lent itself to understanding the…

  19. Legitimacy of the Restorative Justice Principle in the Context of Criminal Law Enforcement

    Directory of Open Access Journals (Sweden)

    - Sukardi

    2014-10-01

    Full Text Available This research reviews the essence of the restorative justice principle as an approach in the settlement of criminal cases, and it aims to provide an overview of the construction of the restorative justice principle in criminal law enforcement. The outcomes of the research indicate that the restorative justice principle has been subject to frequent study in its understanding as an alternative criminal case settlement method, by way of positioning outside the criminal judiciary system. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. Therefore, there is a need for a scientific investigation process for the purpose of determining the status of parties involved in a case, as well as for positioning the case concerned. Based on such view, the restorative justice principle appears to be the ideal approach to be applied in the criminal judiciary system.

  20. Special Justice for Peace: A Transitional Justice Model According to Modern Tendencies and Orientations of Law and Justice

    Directory of Open Access Journals (Sweden)

    Carlos Arturo Gómez Pavajeau

    2016-06-01

    Full Text Available The article analyses the constitutional implications of the peace agreement about Colombia’s armed conflict. It examines constitutional rules and international instruments about human rights, confronting the agreement with justice criteria in the national and international context, to underline the role of justice for the definitive solution of the conflict. By using the methodology of opposing concepts, it reviews the implications of formal justice and material justice, to establish the superiority of the last one and it’s relation with social justice; it analyses the differences between individual justice and global justice, to demonstrate the need to obtain an integral justice; it contrasts alternative justice and traditional justice, to propose an integrated justice; it explains that justice based upon the formal syllogism should be overcome by a justice based upon equity, to obtain a justice anchored in the Constitution, universal and concentrated in the human rights; it hypothesizes that justice supported in the atonement and retribution should be overcome by a justice that is preventive and restorative, that allows the construction of a justice focused in the future, without ignoring the past; it clarifies that justice with one jurisdiction and special justice are the components of a integrative transitional justice; it explains the presence of justice in different institutions with different functions and justice concentrated in one institution, although with different functions, because there is a search for an integrative justice; it exposes the search for a constitutional and political justice, discussing the vision of justice as a triumph of the force or the scandalous concession of benefits; it exalts that it is a justice in search of a positive discrimination, not a negative discrimination, overcoming the discussion between justice for the powerful and justice for the weak; finally, it considers that it is a justice

  1. Energy Justice and the Stakeholders Involved: A Case Study of Solar Power in Rural Haiti

    Science.gov (United States)

    Romulus, Elijah Rey Asse

    This paper explores and analyzes energy justice and the stakeholders involved. Energy insecurity, specifically the lack of access to electricity effects over 1.3 billion people worldwide and energy justice is a way to address it. This paper is supported by a case study with data collected in the southern rural regions of Haiti regarding energy justice communities. Three cities were studied: Les Cayes, Anse-a-Veau, and Les Anglais. It examines how solar businesses can aid energy justice communities seeking access to electricity. Stakeholders such as the communities themselves, solar businesses, and nonprofits in the region are studied and analyzed. The paper concludes solar businesses are helping said communities but needs participation from other stakeholders to be successful. Finally, there are five recommendations to build capacity, develop infrastructure in the region, explore the possibility of solar cooperatives, strengthen the solar economy in Haiti, and demand reparations.

  2. The Ghosts of Justice and the Law of Historical Memory

    Directory of Open Access Journals (Sweden)

    Mónica López Lerma

    2011-04-01

    Full Text Available S’appuyant sur la relation éthico-politique entre la mémoire et la justice dans le sens proposé par Walter Benjamin et Jacques Derrida, cet article porte sur le rétablissement de la mémoire historique des victimes de la dictature de Francisco Franco (1939-1975. Pour ce faire, il oppose le roman Beltenebros (1989 d’Antonio Muñoz Molina et la récente loi espagnole « loi de la mémoire historique » (2007. En juxtaposant le roman et la loi, cet article vise à retracer dans chaque texte une série de pratiques récurrentes de représentations (mots, images, expressions qui cherchent à rendre justice aux victimes, avec un succès inégal. Les expressions récurrentes du roman (par exemple, les ombres, le refoulé, l’éternel retour, les fantômes et la cécité soulignent l’importance de surmonter les « fantômes du passé ». La loi, quant à elle, se concentre sur d’autres mots et images (par exemple, la fondation, la réconciliation, la concorde et la fermeture qui font allusion à l’idée du progrès historique sans une reconnaissance appropriée des injustices du passé. Ce faisant, la loi devient un lieu de commémoration pour la Transition espagnole, mais pas pour le rétablissement de la mémoire des victimes. La ré-appropriation de la loi de « l’esprit de la Transition » révèle la peur profonde de l’Espagne d’affronter les fantômes du passé, une peur qui peut être perçue encore aujourd’hui.Drawing on the ethico-political relationship between memory and justice in the sense proposed by Walter Benjamin and Jacques Derrida, this article addresses the recovery of the historical memory of the victims of Francisco Franco’s dictatorship (1939–1975. It does so by contrasting Antonio Muñoz Molina’s novel Beltenebros (Prince of Shadows, 1989 and the recent Spanish “Law of Historical Memory” (2007. In juxtaposing the novel and the current law, it aims to trace in each text a series of recurring

  3. Between Community Law and Common Law: The Rise of the Caribbean Court of Justice at the Intersection of Regional Integration and Post-Colonial Legacies

    DEFF Research Database (Denmark)

    Caserta, Salvatore; Madsen, Mikael Rask

    2016-01-01

    The article focuses on the rise of the Caribbean Court of Justice (CCJ) post-colonial legacies. Topics discussed include Caribbean Community (CARICOM) which accepted the Court's jurisdiction to interpret and apply the Revised Treaty of Chaguaramas (RTC); empowerment of CCJ for hearing cases invol...... involving Caribbean Community law (Community law); and CCJ's unique double jurisdiction.....

  4. The TERRA framework: conceptualizing rural environmental health inequities through an environmental justice lens.

    Science.gov (United States)

    Butterfield, Patricia; Postma, Julie

    2009-01-01

    The deleterious consequences of environmentally associated diseases are expressed differentially by income, race, and geography. Scientists are just beginning to understand the consequences of environmental exposures under conditions of poverty, marginalization, and geographic isolation. In this context, we developed the TERRA (translational environmental research in rural areas) framework to explicate environmental health risks experienced by the rural poor. Central to the TERRA framework is the premise that risks exist within physical-spatial, economic-resources, and cultural-ideologic contexts. In the face of scientific and political uncertainty, a precautionary risk reduction approach has the greatest potential to protect health. Conceptual and technical advances will both be needed to achieve environmental justice.

  5. Online dispute resolution and models of relational law and justice: a table of ethical principles

    OpenAIRE

    Casanovas, Pompeu

    2014-01-01

    Regulatory systems constitute a set of coordinated complex behavior (individual and collective) which can be grasped through rules, values and principles that constitute the social framework of the law. Relational law, relational justice and the design of regulatory models can be linked to emergent agreement technologies and new versions of Online Dispute Resolution (ODR) and Negotiation Support Systems (NSS). We define the notions of public space and information principles, extending the con...

  6. Women in Guatemala’s Metropolitan Area: Violence, Law, and Social Justice

    Directory of Open Access Journals (Sweden)

    Paula Godoy-Paiz

    2008-12-01

    Full Text Available In this article I examine the legal framework for addressing violence against women in post war Guatemala. Since the signing of the Peace Accords in 1996, judicial reform in Guatemala has included the passing of laws in the area of women‘s human rights, aimed at eliminating discrimination and violence against women. These laws constitute a response to and have occurred concurrently to an increase in violent crime against women, particularly in the form of mass rapes and murders. Drawing on fieldwork conducted in Guatemala‘s Metropolitan Area, this paper juxtaposes the laws for addressing violence against women to Guatemalan women‘s complex, multilayered and multi-dimensional life experiences. The latter expose the limitations of strictly legal understandings of the phenomenon of gender-based violence, and highlight the need for broad social justice approaches that take into account the different structures of violence, inequality, and injustice present in women‘s lives.

  7. Women in Guatemala’s Metropolitan Area: Violence, Law, and Social Justice

    Directory of Open Access Journals (Sweden)

    Paula Godoy-Paiz

    2009-01-01

    Full Text Available In this article I examine the legal framework for addressing violence against women in post war Guatemala. Since the signing of the Peace Accords in 1996, judicial reform in Guatemala has included the passing of laws in the area of women‘s human rights, aimed at eliminating discrimination and violence against women. These laws constitute a response to and have occurred concurrently to an increase in violent crime against women, particularly in the form of mass rapes and murders. Drawing on fieldwork conducted in Guatemala‘s Metropolitan Area, this paper juxtaposes the laws for addressing violence against women to Guatemalan women‘s complex, multilayered and multi-dimensional life experiences. The latter expose the limitations of strictly legal understandings of the phenomenon of gender-based violence, and highlight the need for broad social justice approaches that take into account the different structures of violence, inequality, and injustice present in women‘s lives.

  8. Justice in Post-Conflict Settings: Islamic Law and Muslim Communities as Stakeholders in Transition

    Directory of Open Access Journals (Sweden)

    Corri Zoli

    2017-08-01

    Full Text Available This essay is one of the first collaborative efforts to identify the underlying norms embedded in diverse traditions of Islamic law as these apply to contemporary Muslim communities experiencing conflict or transitioning from conflict. This long overdue endeavor draws upon comparative legal analyses, postconflict justice traditions, global governance, and empirical conflict studies to explore why Islamic legal norms are not often used as a resource for restraint and guidance in contemporary conflict settings. In exploring this puzzle, the authors make the case for strengthening commensurate Islamic and international conflict norms for complex conflicts and postconflict tradition. We also situate Islamic postconflict justice norms—which are too often confined to religious and natural law discussions—into contemporary problems of security policy, conflict prevention, and problems of governance. We indicate the many benefits of such a comparative approach for citizens of diverse Muslim and Arabs states and communities, trying to build pathways out of conflict, and for humanitarian and human rights practitioners working in such arenas toward similar goals. An additional, important benefit in excavating such shari’a norms is in providing the intellectual basis to counter politicized, extremist, and instrumentalist uses of Islamic law to justify extreme uses of political violence across the Middle East, Central and South Asian, and African regions.

  9. Justice Globalism

    NARCIS (Netherlands)

    Wilson, Erin; Steger, Manfred; Siracusa, Joseph; Battersby, Paul

    2014-01-01

    The pursuit of a global order founded on universal rules extends beyond economics into the normative spheres of law, politics and justice. Justice globalists claim universal principles applicable to all societies irrespective of religion or ideology. This view privileges human rights, democracy and

  10. Death and Television: Terror Management Theory and Themes of Law and Justice on Television

    Science.gov (United States)

    Taylor, Laramie D.

    2012-01-01

    Based on terror management theory, it was hypothesized that media choices may be affected by the salience of death-related thoughts. Three experiments with samples of undergraduate students were conducted to investigate whether such a process would affect preferences for law and justice television programming. In the first experiment (n = 132),…

  11. “You will always have the poor”: a reflection on the paradox of justice as law

    OpenAIRE

    French, Duncan

    2015-01-01

    Calls for, and arguments around, fairness and justice are an essential element of international law; more so in certain areas – environment and natural resources, development – than in others, namely, the structural design of the discipline, State responsibility, formation of custom and acquisition of territory. The article thus considers the question whether there is an obligation of fair entitlement in international law, with particular reference to various matters of territo...

  12. Common Frame of Reference and social justice

    NARCIS (Netherlands)

    Hesselink, M.W.; Satyanarayana, R.

    2009-01-01

    The article "Common Frame of Reference and Social Justice" by Martijn W. Hesselink evaluates the Draft Common Frame of Reference (DCFR) of social justice. It discusses the important areas, namely a common frame of Reference in a broad sense, social justice and contract law, private law and

  13. Juvenile Justice in Mexico

    Directory of Open Access Journals (Sweden)

    Martha Frías Armenta

    2014-08-01

    Full Text Available The first tribunal in Mexico was established in the central state of San Luis Potosi in 1926. The Law Regarding Social Prevention and Juvenile Delinquency for the Federal District and Mexican territories was promulgated in 1928. In 2005, Article 18 of the Mexican Constitution was modified to establish a comprehensive system (“Sistema Integral de justicia” in Spanish of justice for juveniles between 12 and 18 years old who had committed a crime punishable under criminal law. Its objective was to guarantee juveniles all the due process rights established for adults, in addition to the special ones recognized for minors. The constitutional reform also provides a framework that includes special tribunals as well as alternative justice options for juveniles. With these reforms, institutionalization of minors was to be considered an extreme measure applicable only to felonies and to juveniles older than 14. In 2006, all states within the Mexican federation enacted the “Law of justice for adolescents”. This system, at both the federal and state levels, formalizes a new global paradigm with regard to the triangular relationship between children, the State and the Law. It recognizes that children are also bearers of the inherent human rights recognized for all individuals, instead of simply objects in need of protection. However, despite formally aligning Mexican juvenile justice law with the Convention on the Rights of the Child (CRC, issues of actual substantive rights remained and new ones have appeared. For example, juveniles younger than 14 who have not committed a felony are released from institutions without any rehabilitation or treatment options, and alternative forms of justice were included without evaluating their possibilities of application or their conditions for success. In addition, the economic status of most juvenile detainees continues to be one of the most important determining factors in the administration of justice

  14. Secondhand smoke exposure is associated with smoke-free laws but not urban/rural status.

    Science.gov (United States)

    Lee, Kiyoung; Hwang, Yunhyung; Hahn, Ellen J; Bratset, Hilarie; Robertson, Heather; Rayens, Mary Kay

    2015-05-01

    The objective was to determine secondhand smoke (SHS) exposure with and without smoke-free laws in urban and rural communities. The research hypothesis was that SHS exposure in public places could be improved by smoke-free law regardless of urban and rural status. Indoor air quality in hospitality venues was assessed in 53 communities (16 urban and 37 rural) before smoke-free laws; 12 communities passed smoke-free laws during the study period. Real-time measurements of particulate matter with 2.5 µm aerodynamic diameter or smaller (PM2.5) were taken 657 times from 586 distinct venues; about 71 venues had both pre- and post-law measurements. Predictors of log-transformed PM2.5 level were determined using multilevel modeling. With covariates of county-level percent minority population, percent with at least high school education, adult smoking rate, and venue-level smoker density, indoor air quality was associated with smoke-free policy status and venue type and their interaction. The geometric means for restaurants, bars, and other public places in communities without smoke-free policies were 22, 63, and 25 times higher than in those with smoke-free laws, respectively. Indoor air quality was not associated with urban status of venue, and none of the interactions involving urban status were significant. SHS exposure in public places did not differ by urban/rural status. Indoor air quality was associated with smoke-free law status and venue type. This study analyzed 657 measurements of indoor PM2.5 level in 53 communities in Kentucky, USA. Although indoor air quality in public places was associated with smoke-free policy status and venue type, it did not differ by urban and rural status. The finding supports the idea that population in rural communities can be protected with smoke-free policy. Therefore, it is critical to implement smoke-free policy in rural communities as well as urban areas.

  15. Special Justice for Peace: A Transitional Justice Model According to Modern Tendencies and Orientations of Law and Justice

    OpenAIRE

    Carlos Arturo Gómez Pavajeau

    2016-01-01

    The article analyses the constitutional implications of the peace agreement about Colombia’s armed conflict. It examines constitutional rules and international instruments about human rights, confronting the agreement with justice criteria in the national and international context, to underline the role of justice for the definitive solution of the conflict. By using the methodology of opposing concepts, it reviews the implications of formal justice and material justice, to establish the supe...

  16. The Law of Peoples and Global Justice

    Czech Academy of Sciences Publication Activity Database

    Hrubec, Marek

    2010-01-01

    Roč. 20, č. 2 (2010), s. 135-150 ISSN 1210-3055 R&D Projects: GA MŠk(CZ) LC06013 Institutional research plan: CEZ:AV0Z90090514 Keywords : international justice * global justice * Rawls * recognition Subject RIV: AA - Philosophy ; Religion

  17. Economic effects of smoke-free laws on rural and urban counties in Kentucky and Ohio.

    Science.gov (United States)

    Pyles, Mark K; Hahn, Ellen J

    2012-01-01

    Numerous empirical studies have examined the influence of smoke-free legislation on economic activity, with most finding a null effect. The influence could possibly differ in rural areas relative to urban areas due to differing rates of smoking prevalence and access to prevention and treatment programs. Furthermore, the discussion of the effectiveness of smoke-free laws has been extended to consider local ordinances relative to statewide laws. This study examines these issues using 21 local laws in Kentucky and the Ohio statewide smoke-free law. The number of employees, total wages paid, and number of reporting establishments in all hospitality and accommodation services in Kentucky and Ohio counties were documented, beginning the first quarter 2001 and ending the last quarter of 2009. A generalized estimating equation time-series design is used to estimate the impact of local and state smoke-free laws in Kentucky and Ohio rural and urban counties. There is no evidence that the economies in Kentucky counties were affected in any way from the implementation of local smoke-free laws. There was also no evidence that total employment or the number of establishments was influenced by the statewide law in Ohio, but wages increased following the implementation of the law. Furthermore, there is no evidence that either rural or urban counties experienced a loss of economic activity following smoke-free legislation. The study finds no evidence that local or state smoke-free legislation negatively influences local economies in either rural or urban communities.

  18. Mãori Customary Law: A Relational Approach to Justice

    Directory of Open Access Journals (Sweden)

    Stephanie Vieille

    2012-03-01

    Full Text Available This research paper examines the philosophy of justice embodied in tikanga Mãori, the Mãori traditional mechanism and approach to doing justice. Based on several months of fieldwork in New Zealand, this study contends that the Mãori approach to justice adopts a holistic and relational lens, which requires that justice be seen in the context of relationships and crimes dealt with in terms of the relationships they have affected. As a result, justice must be carried out within the community and the process owned by community members. Further discussion draws attention to the response of Mãori communities to the New Zealand government’s attempt to accommodate their traditions and warns against the global tendency to render traditional Indigenous approaches to justice ahistorical through their representation as restorative justice mechanisms.

  19. New solutions in the juvenile criminal law in the light of the restorative justice

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2007-01-01

    Full Text Available New criminal legislation got into force in Serbia at the beginning of 2006. In that way, Serbia got unique Criminal Code which includes all provisions of material criminal law except provisions related to the criminal position of juveniles. System of criminal sanctions for juvenile off enders, procedure for their imposition and the way, procedure and terms for their execution are regulated by the provisions of the separate law - the Law on juvenile off enders and criminal protection of juveniles. Some of the most important novelties introduced by new juvenile criminal law are system of diversion, i.e. system of diversion orders, which aim at excluding the imposition of criminal sanctions in the cases when criminal sanction is not necessary from the perspective of crime suppression. Bearing that in mind, this paper is dedicated to forms of diversion orders as a form of measures that lead to more efficient system of restorative justice within our new juvenile criminal legislation. .

  20. The Value Of Justice In Child Criminal Justice System A Review Of Indonesian Criminal Law

    Directory of Open Access Journals (Sweden)

    Andi Sofyan

    2015-08-01

    Full Text Available The value of justice in Act No. 11 of 2012 concerns the Child Criminal Justice System Act No. SPPA confirms the Restorative Justice Approach as a method of disputes resolution. The method of research used was normative-legal research with philosophical approach. The results showed that the value of restorative justice through diversion contained in Act SPPA but the diversion limit for certain types of criminal acts and threats of punishment under seven 7 years and not a repetition criminal recidivists. This indicates that Act SPPA still contained a retributive justice not promote the interests of protection for child.

  1. 25 CFR 11.435 - Obstructing justice.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Obstructing justice. 11.435 Section 11.435 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.435 Obstructing justice. A person commits a misdemeanor if, with...

  2. „FRAMES OF TRANSITIONAL JUSTICE: SOME APPLICATION IN INTERGENERATIONAL JUSTICE AND RETROACTIVITY”

    Directory of Open Access Journals (Sweden)

    GABRIEL RADU

    2011-04-01

    Full Text Available The article attempts to evaluate the concept of transitional justice in the sphere of public and academical debates, in different social environments during the transition period in the recent history. The approach will include an overflight over some definitions and interpretation of that concept and an assessment of possible applications of this concept in the reparative (corrective theories during the political transition. The evaluation of operational dimension of transitional justice will focus primarily the moral grounds invoked in political and juridical debates, and will pursue some applications of the transitional justice in intergenerational justice realm and at the level of the institution of retroactivity. Also, the assessment will focus the moral core of the motivation of judicial decisions in the space of positive law debates, concerning the constitutional and normative dimension.Examination of particular aspects of the transition has raised particular interest in the public agenda of romanian political change. Reparation issues in dealing with the past had always occupied a privileged role in public debate, in social and political problems. Justification for corrective measures during transition period were presented on various occasions in different points of view, but tools and proper institutions in generating legitimate formal-political obligations were absent, threatening the strength of the the political stability. Requirements for application of a corrective, reparative justice, appeared as a consequence of subjective awareness of rights and liberties that positive law of the communist system ignored or assign them like law infrigement. An approach of such rights, with their features should be evaluated in the context of both totalitarian and democratic state. A dialogue with the past becomes more necesary and will contribute to the success of any public policy designed for any possible reparation in the future

  3. Environmental justice: a criminological perspective

    Science.gov (United States)

    Lynch, Michael J.; Stretesky, Paul B.; Long, Michael A.

    2015-08-01

    This article examines studies related to environmental justice in the criminological literature and from a criminological perspective. Criminologists have long been concerned with injustices in the criminal justice system related to the enforcement of criminal law. In the 1990s, following the emergence of green criminology, a handful of criminologists have drawn attention to environmental justice as an extension of more traditional criminological studies of justice and injustice. Relevant criminological studies of environmental justice are reviewed, and suggestions for future environmental justice research are offered.

  4. A hermeneutic of justice. Justice as discernment in Matthew ...

    African Journals Online (AJOL)

    In some important dictionaries for the study of the New Testament, δικαιοσύνη has two meanings: justice in the sense of distributive justice and righteousness as a relational notion. In Matthew, we discover that the word concerns a threefold loyalty: loyalty to the law, loyalty to fellow people, and loyalty to the will of God. In the ...

  5. RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA ANAK / Restorative Justice In Juvenile Justice System

    Directory of Open Access Journals (Sweden)

    Randy Pradityo

    2016-11-01

    Full Text Available Anak sebagai generasi penerus bangsa sudah selayaknya mendapatkan perhatian khusus. Hal tersebut bertujuan dalam rangka pembinaan anak untuk mewujudkan sumber daya manusia yang berkualitas. Maka dari itu, diperlukan pula sarana dan prasarana hukum yang mengantisipasi segala permasalahan yang timbul. Sarana hukum ini bertujuan untuk mengantisipasi stigma atau cap jahat yang ditimbulkan ketika anak berhadapan dengan hukum, sekaligus memulihkan dan memasyarakatkan kembali anak tersebut. Salah satu solusinya adalah dengan mengalihkan atau menempatkan pelaku tindak pidana anak keluar dari sistem peradilan pidana serta memberikan alternatif bagi penyelesaian dengan pendekatan keadilan demi kepentingan terbaik bagi anak, yang kemudian dikenal dengan pendekatan restorative justice. Restorative justice yang merupakan implementasi konsep dari diversi telah dirumuskan dalam sistem peradilan pidana anak, namun sistem yang baik haruslah diiringi dengan suatu sikap yang dijiwai kehendak untuk memandang dan berkeyakinan bahwa dunia ini selalu menjadi lebih baik. Selain itu, hendaknya prinsip the best interest of the children selalu diutamakan ketika menangani anak yang berhadapan dengan hukum.   Children as the nation's next generation is already deserve special attention. It aims in order to develop the child to realize the quality of human resources. Therefore, it is also necessary legal infrastructure to anticipate any problems that arise. The legal means to anticipate stigma or stamp evil inflicted when the child against the law, as well as restoring and re-socialize the child. One solution is to divert or placing the offender children out of the criminal justice system as well as providing an alternative to the settlement with justice approach in the best interests of the child, who was then known as restorative justice approach. Restorative justice which is the implementation of the concept of diversion has been formulated in the juvenile justice system

  6. Contract law as fairness

    NARCIS (Netherlands)

    Klijnsma, J.

    2015-01-01

    This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is

  7. The Prisoners' Rights Protection in Indonesia Law System of Justice

    Directory of Open Access Journals (Sweden)

    Haidan Haidan

    2016-03-01

    Full Text Available The aim of the paper is to examine the provision of the prisoner’s rights protection in Indonesia law system of justice and its relation to the exemption conditional (EC in correctional institution. As an important issue, here is if the defendant override rules associated with the controversial issue in society, they will both at national and international level, such as human rights issues. The case was appeared recently, especially in the connection with the cases of exemption conditional, i.e. Pollycarpus Budihari Priyanto’s case. The case has become the center of public attention, especially after release of the Ministry of Law and Human Rights, who has been freeing the prisoners that related to the homicides Human Rights Activists (HRA i.e Munir Said Thalib. In the community, this decision raises the pro and contra. This paper concludes that all persons deprived of their liberty will be treated with humanity and guaranteed them with respect for the inherent dignity of the human person to be in accordance with the existing rules. In this case, the government of Indonesia has given the rights of prisoners through the stages of development of the inmates according to the stage of the penal process that refers to laws and regulations and implementation of technical regulations. The paper also recommends that the need for the government to deliver data either traditionally or electronically linked plan of exemption conditional.

  8. Justice In Granting Remission For Corruption Prisoners A Review Of Indonesian Criminal Justice System

    Directory of Open Access Journals (Sweden)

    Mispansyah

    2015-08-01

    Full Text Available Abstract Prisoners are entitled to have a reduction in criminal past remission as stipulated in the Indonesian Criminal Justice System still being debated to this day. This research reviews the essence of the implementation of the substantive law in granting remission against inmate corruption cases from the perspective of public and individual interests. The type of research used in this paper is socio-legal research reviewing remission policy from the perspective of the criminal law system with philosophical and statute approach. The outcomes of the research indicate that the implementation of granting remission for corruption prisoners does not provide justice both procedural and substantive does not provide legal expediency and arising imbalance of justice for individuals communities and countries. The need to implement remissions with impartial justice for corruption prisoners in granting remission to be useful for individuals communities and countries.

  9. Setting a minimum age for juvenile justice jurisdiction in California.

    Science.gov (United States)

    S Barnert, Elizabeth; S Abrams, Laura; Maxson, Cheryl; Gase, Lauren; Soung, Patricia; Carroll, Paul; Bath, Eraka

    2017-03-13

    Purpose Despite the existence of minimum age laws for juvenile justice jurisdiction in 18 US states, California has no explicit law that protects children (i.e. youth less than 12 years old) from being processed in the juvenile justice system. In the absence of a minimum age law, California lags behind other states and international practice and standards. The paper aims to discuss these issues. Design/methodology/approach In this policy brief, academics across the University of California campuses examine current evidence, theory, and policy related to the minimum age of juvenile justice jurisdiction. Findings Existing evidence suggests that children lack the cognitive maturity to comprehend or benefit from formal juvenile justice processing, and diverting children from the system altogether is likely to be more beneficial for the child and for public safety. Research limitations/implications Based on current evidence and theory, the authors argue that minimum age legislation that protects children from contact with the juvenile justice system and treats them as children in need of services and support, rather than as delinquents or criminals, is an important policy goal for California and for other national and international jurisdictions lacking a minimum age law. Originality/value California has no law specifying a minimum age for juvenile justice jurisdiction, meaning that young children of any age can be processed in the juvenile justice system. This policy brief provides a rationale for a minimum age law in California and other states and jurisdictions without one.

  10. Crippling Sexual Justice

    DEFF Research Database (Denmark)

    Stormhøj, Christel

    2015-01-01

    Exploring homosexuals' citizenship in Denmark from a justice perspective, this article critically interrogates society's supposed gay-friendliness by asking how far it has moved in achieving sexual justice, and inquiring into the gains and pains of the existing modes of achieving this end...... and representation within family law, civil society, and in the labour market. In conclusion, I suggest the possibility of different evaluations of the level of sexual justice reached, a mainly positive, partially negative one. Additionally, I discuss the gains and pains of the existing normalizing politics....

  11. Restorative Justice Of Adjudication On The Household Violence

    Directory of Open Access Journals (Sweden)

    Srigandawati

    2017-06-01

    Full Text Available The essence of restorative justice in the settlement of household violence is very important as bridge for peace of the parties to restoring good relations between the perpetrator and victim both the direct and indirect victim the family of victim. The type of research is socio-legal research with the normative law method doctrinal research. The results shows that the implementation of restorative justice of adjudication on household violence cases can be applied although there is no legal arrangement. The judge may apply in its judgment based on the fact that the judge cannot refuse a case because of a law that does not exist or it is unclear. Judges are required to explore the values that live within society to discover the law. It can be concluded that restorative justice has been acknowledged by its existence in the adjudication as the purpose of punishment. Similar perceptions are required for law enforcers concern the concept of restorative justice as the purpose of punishment.

  12. The Consensus Justice in Construction of Citizenship: A Reflection of 20 Years of Application of Alternative Measures of Law 9099/95.

    Directory of Open Access Journals (Sweden)

    Pamela Ivellize Pamplona Galvao De Medeiros

    2015-12-01

    Full Text Available Two decades ago, the Law 9099/95 consolidated new consensual criminal justice model for the crimes of lesser offensive potential through conciliation and application despenalizadoras measures. The criminal transaction and the conditional suspension of the procedure are the despenalizadoras measures provided for in the Act. They are institutions aimed at preventing other crimes and social reintegration of the offender from the justice of distribution with joint application by the judiciary, prosecution, victim and community , represented by organized civil society. This restorative justice model does not remove the perpetrator from society and provides the serving of sentences in an environment conducive to reflection on their role in society, their rights and duties, your commitment to yourself and the community. This study aims to demonstrate that alternatives to imprisonment under Law 9099/95, and effective criminal act may act in the construction of citizenship, as realization instrument of fundamental rights, based on program experience developed in the Federal District from partnerships between the public prosecutor of the Federal District and Territories and civil society.

  13. Implementing Domestic Violence Gun Confiscation Policy in Rural and Urban Communities: Assessing the Perceived Risk, Benefits, and Barriers.

    Science.gov (United States)

    Lynch, Kellie R; Logan, T K

    2017-07-01

    The purpose of this study was to gain a deeper understanding of why communities differing in culture and resources are willing and able to implement gun confiscation as part of a protective order in the absence of a uniform statewide gun law. Specifically, the perceived risk of intimate partner homicide and gun violence, effectiveness of implementing gun confiscation, and the barriers to implementing gun confiscation were assessed. Interviews were conducted with key community professionals ( N = 133) who worked in victim services and the justice system in one urban community and four rural, under-resourced communities. Analyses revealed that professionals in the rural communities viewed the risk of intimate partner homicide and gun violence as lower, and the process of implementing gun confiscation as less effective than professionals in the urban community. In addition, urban justice system professionals, in comparison with all other professionals, reported fewer barriers to enforcing the gun confiscation police and were more likely to downplay law enforcement limitations in the community. The results have implications for developing more effective regional strategies in states that lack domestic violence gun laws as a means to increase a community's ability to enforce gun policies and initiatives.

  14. Juvenile Justice

    OpenAIRE

    International Child Development Centre

    1998-01-01

    The third Innocenti Digest deals with the main issues connected with children and young people coming into conflict with the law and contact with the justice system. It looks at standards and problems from arrest through to the court hearing and sentencing, use of custodial measures and ways of avoiding the child’s unnecessary and counter-productive involvement with the formal justice system. It also covers prevention questions. Like previous publications in the series, it contains practical ...

  15. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

  16. Setting a minimum age for juvenile justice jurisdiction in California

    Science.gov (United States)

    Barnert, Elizabeth S.; Abrams, Laura S.; Maxson, Cheryl; Gase, Lauren; Soung, Patricia; Carroll, Paul; Bath, Eraka

    2018-01-01

    Purpose Despite the existence of minimum age laws for juvenile justice jurisdiction in 18 US states, California has no explicit law that protects children (i.e. youth less than 12 years old) from being processed in the juvenile justice system. In the absence of a minimum age law, California lags behind other states and international practice and standards. The paper aims to discuss these issues. Design/methodology/approach In this policy brief, academics across the University of California campuses examine current evidence, theory, and policy related to the minimum age of juvenile justice jurisdiction. Findings Existing evidence suggests that children lack the cognitive maturity to comprehend or benefit from formal juvenile justice processing, and diverting children from the system altogether is likely to be more beneficial for the child and for public safety. Research limitations/implications Based on current evidence and theory, the authors argue that minimum age legislation that protects children from contact with the juvenile justice system and treats them as children in need of services and support, rather than as delinquents or criminals, is an important policy goal for California and for other national and international jurisdictions lacking a minimum age law. Originality/value California has no law specifying a minimum age for juvenile justice jurisdiction, meaning that young children of any age can be processed in the juvenile justice system. This policy brief provides a rationale for a minimum age law in California and other states and jurisdictions without one. Paper type Conceptual paper PMID:28299968

  17. LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    of customary law, affect the positioning, operation and influence of traditional justice systems. ... communities of East Africa.11 In non-centralised communities, the people were as critical to ..... Other elements which make traditional justice systems the preferred option include ..... are in attendance as friends of the court.

  18. Justice And Legal Certainty For Child Victims

    Directory of Open Access Journals (Sweden)

    Edi Setiadi

    2016-12-01

    Full Text Available Focus of attention in the criminal justice system so far has always been to the perpetrator, whereas parties related to a process of criminal justice encompasses the perpetrator, the victim, and the community. A crime victim, in particular, would suffer more since he/she could experience secondary victimization in the criminal justice system. The law concerning victim and witness protection only states the limitation for the criminal victim to ask for compensation to criminal justice system, either as a victim of direct criminal or a victim of abuse power done by law enforcement officers. Child victims are treated the same way as to adult victims, whilst they have a greater dimension of the problem and effects to be dealt with Mechanism and procedures to be followed are ius constituendum (intended/desirable law, as they only share expectation of indemnity, compensation, and rehabilitation which have not been empirically tested in a real situation.

  19. Psychology and criminal justice

    OpenAIRE

    Adler, Joanna R.

    2013-01-01

    This chapter is designed to give the reader a flavour of a few areas in which psychology has been applied to criminal justice. It begins by providing some historical context and showing the development of some applications of psychology to criminal justice. The chapter is broadly split into 3 sections: Pre Trial; Trial; and Post Trial. In most of this chapter, the areas considered assess how psychology has had an influence on the law and how psychologists work within criminal justice settings...

  20. Interaction of Morality and Law in the Daily Routine and Administration of Justice

    Directory of Open Access Journals (Sweden)

    Iliya D. Nazarov

    2016-04-01

    Full Text Available This article examines the nature and interaction of social norms (law, morality and judicial precedent as the main instruments of justice. The authors try to establish the criterion for distinguishing legal and moral dominants within the undifferentiated, syncretic behavioral norms typical for the early stages of development of society. The article supports the view of the pre-revolutionary jurists who understood the legal norm as a juridical opinion, by accepting which the authors highly estimate the judicial system work on formation of behavioral norms not established by the legislator through the tool of judicial precedent.

  1. Environmental justice and healthy communities

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1995-12-01

    The environmental justice movement has come a long way since its birth a decade ago in rural and mostly African American Warren County, North Carolina. The selection of Warren County for a PCB landfill, they brought national attention to waste facility siting inequities and galvanized African American church and civil rights leaders` support for environmental justice. The demonstrations also put {open_quotes}environmental racism{close_quotes} on the map and challenged the myth that African Americans are not concerned about or involved in environmental issues. Grassroots groups, after decades of struggle, have grown to become the core of the multi-issue, multiracial, and multi-regional environmental justice movement. Diverse community-based groups have begun to organize and link their struggles to issues of civil and human rights, land rights and sovereignty, cultural survival , racial and social justice, and sustainable development. The impetus for getting environmental justice on the nations`s agenda has come from an alliance of grassroots activists, civil rights leaders, and a few academicians who questioned the foundation of the current environmental protection paradigm--where communities of color receive unequal protection. Whether urban ghettos and barrios, rural {open_quotes}poverty pockets,{close_quotes} Native American reservations, or communities in the Third World, grassroots groups are demanding an end to unjust and nonsustainable environmental and development policies.

  2. Monitoring and evaluation of the rule of law and justice in the EU: status quo and the way ahead?

    NARCIS (Netherlands)

    Gramatikov, M.; Janse, R.

    2012-01-01

    This Concept Paper presents a framework for monitoring and evaluation of the rule of law and justice in the European Union. The development of the framework has been based on a number of principles - objectivity and neutrality, validity and reliability, actionability. It also firmly follows the

  3. PERLINDUNGAN HUKUM TERHADAP JUSTICE COLLABORATOR TERKAIT PENANGANAN TINDAK PIDANA KORUPSI DI INDONESIA

    Directory of Open Access Journals (Sweden)

    Rika Ekayanti

    2015-04-01

    Full Text Available The discussion in this thesis raised regarding Legal Protection against Justice Collaborator in the handling of corruption in Indonesia. The objectives of this study are to be analyzed with both forms of regulation and identify the type of protection provided by the laws of the State of Indonesia justice collaborator and determine the accuracy of the strength of the evidential value of the testimony in the trial of a justice collaborator, by analyzing the legal provisions in the legislation other law relating to witnesses. This type of research is used in a scientific journal this is the kind of normative legal research, because there is disharmony norm based research in the form of a legal vacuum regarding the setting justice collaborator in formal laws and regulations in Indonesia, as well as the legal ambiguities in the text of the legislation on Article 10 paragraph (2 Law No.. 13 of 2006 on the Protection of Witnesses and Victims of the justice collaborator testimony that can be used as consideration to give the judge for leniency. Having regard to the development of the current law that requires courage and willingness of law enforcement in combating corruption as an extraordinary crime, it is necessary to break the law through the use of an instrument justice collaborator.

  4. Climate Justice: A Constitutional Approach to Unify the Lex Specialis Principles of International Climate Law

    Directory of Open Access Journals (Sweden)

    Teresa Thorp

    2012-11-01

    Full Text Available Legal principles legitimise ubiquitous social values. They make certain social norms lawful and legitimate. Legal principles may act as governing vectors. They may give effect to a unified and legitimate constitutional framework insofar as a constitution unifies the fundamental principles on which a state or competent authority is governed.Concerning international climate law, however, there is a certain shortcoming. The failure to comprehend a unified constitutional framework of lex specialis principles could debilitate intra and inter-regime governance and lead to uncertainties. At one time, uncertainties incite the law-making process. At another time, they constrain it. Such a shortcoming may lead to inconsistencies in interpreting consequential climate norms. It may thwart dispute resolution and it may impede climate negotiations. To traverse this abyss, the inquiry uses instruments of legal philosophy (the philosophy of language, legal systematics (the study of legal systems, and legal hermeneutics (the legal practice of interpretation to delineate, distinguish and unify lex specialis principles that could form the foundations of a universal constitutional framework of international climate law. In doing so, it shows that climate justice is a function of the quality of the legal system.

  5. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

    Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

  6. ADMINISTRATIVE JUSTICE IN FRANCE. BETWEEN SINGULARITY AND CLASSICISM

    Directory of Open Access Journals (Sweden)

    H. Flavier

    2016-01-01

    Full Text Available The administrative justice in France oscillates between classicism and singularity. Multiple factors explain how administrative justice has come to occupy a particular place in French administrative law. Administrative justice has not only settled disputes between administration and private persons, but as well, built the French administrative law. One of the main tasks during 19th and 20th century consisted in strengthen the independence from the executive branch and the efficiency in order to satisfy the idea of good justice. Many reforms have been led since the 1990’s. That is why we propose to depict the French system and evaluate the activity of French administrative justice concerning the judicial organization, its jurisdiction and the remedies before the administrative judge. We will enlighten also our paper with a comparative approach and some statistical elements.

  7. International Court of Justice on Potential Transboundary Damage and its Consequences in Nuclear Law

    International Nuclear Information System (INIS)

    Cletienne, M.

    2010-01-01

    On 4 May 2006, Argentina filed in the International Court of Justice ('ICJ') an application instituting proceedings against Uruguay. Argentina claimed that Uruguay, by authorizing the construction of a pulp mill (the 'CMB mill') and the construction and commissioning of another pulp mill (the 'Orion mill'), breached its obligations under the 1975 Statute of the River Uruguay, a treaty between Argentina and Uruguay, notably the obligation to take all necessary measures for the optimum and rational utilisation of the River Uruguay. On 20 April 2010,1 the court rendered its decision settling this environmental dispute between Argentina and Uruguay. This paper will first summarize the judgement and then consider the main contribution of this decision to international environmental law, e.g. the recognition of an international customary rule to conduct an environmental impact assessment. Finally, the potential consequences of the decision in nuclear law will be addressed in the last part

  8. Sustainable rural learning ecologies- a prolegomenon traversing transcendence of discursive notions of sustainability, social justice, development and food sovereignty

    Directory of Open Access Journals (Sweden)

    Dipane Hlalele

    2013-12-01

    Full Text Available This paper contributes, through traversing contested notions of sustainability, social justice, development and food sovereignty, to discourses around creation of sustainable rural learning ecologies. There has always been at least in the realm of scientific discourse, an attempt to dissociate the natural or physical environment from the social and human environment. This trend did not only affect the two spheres of existence only. It is further imbued and spawned fragmented and pervasive terminology, practices and human thought. Drawing from the ‘creating sustainable rural learning ecologies’ research project that commenced in 2011, I challenge and contest the use of such discourses and argue for the transcendence of such. This would, in my opinion, create space for harmonious and fluid co-existence between nature and humanity, such that the contribution of learning practices exudes and expedites sustainability in rural ecologies.

  9. 76 FR 62434 - HUD Draft Environmental Justice Strategy

    Science.gov (United States)

    2011-10-07

    ... Justice Strategy AGENCY: Office of the Sustainable Housing and Communities, HUD. ACTION: Notice. SUMMARY: Through this notice, HUD announces the release of its draft Environmental Justice Strategy for review and... federal agency, with the law as its guide, should make environmental justice part of its mission. In this...

  10. Justice: A Problem for Military Ethics during Irregular War

    Science.gov (United States)

    2008-05-22

    101 See Hans Kelsen , What is Justice? Justice, Law, and Politics in the Mirror of Science...Publishing Company, 1983. Keegan, John, ed. Atlas of the Second World War. New York: Harper and Row, Publishers, 1989. Kelsen , Hans. What is Justice

  11. THE PARADOX OF POSITIVISTIC VIEW AND PROGRESSIVE LAW OF CRIMINAL LAW ENFORCEMENT IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Krismiyarsi Krismiyarsi

    2015-06-01

    Full Text Available The paradox of positivistic view and progressive law in the criminal law enforcement happened because there is a difference among the law enforcement officer’s view and perception.  Our law education from the beginning until now still teaches the students the positivistic view so that after the students becoming law officers in running the law they still use positive law or positivistic view. The positivistic view is often far from the substantive justice and close to the formal justice. In order to functioning the progressive law in law enforcement especially the penal code constraint of positivistic view which rooted inside of the law enforcer’s mind, therefore it is need paradigm change by fixing the law system, law education, ethics and morality of law officers , and increasing religious consciousness.Keywords: paradox, law positivism, progressive law, criminal law enforcement

  12. Suicidal ideation among rural immigrant daughters-in-law with multi-roles as females, farmers and immigrants in China.

    Science.gov (United States)

    Qin, Qirong; Jin, Yu; Zhan, Shengwei; Yu, Xiaodong; Huang, Fen

    2016-07-01

    Suicide is a major public health issue in China, and suicidal ideation is an important step in the suicidal process. The purpose of this study was to understand the prevalence and correlates of suicidal ideation among rural immigrant daughters-in-law with multi-role of female, farmer and immigrant in China. A total of 939 participants including 474 local daughters-in-law and 465 immigrant daughters-in-law were surveyed using the self-rating questionnaire. Demographic characteristics, depression, anxiety, impulsivity and suicidal ideation were assessed. Results indicated that the lifetime prevalence of suicidal ideation among rural immigrant daughters-in-law was 9.68%. Physical disability, domestic violence and negative events demonstrated statistical significance by suicidal ideation (p suicidal ideation had higher scores of depression, anxiety and impulsiveness in the univariate analysis. Multivariate logistic regression showed that physical disability (OR = 7.43, 95%CI: 2.84-19.46), domestic violence (OR = 2.65, 95%CI: 1.02-6.88), depression (OR = 1.07, 95%CI: 1.01-1.12), impulsiveness (OR = 1.04, 95%CI: 1.01-1.08) and motor impulsiveness (OR = 1.07, 95%CI: 1.01-1.14) were significantly associated with suicidal ideation. Suicidal ideation is an issue that can't be ignored among rural immigrant daughters-in-law. And the findings should be considered for the intervention of the suicide among the rural immigrant daughters-in-law.

  13. GENDER-BASED RESTORATIVE JUSTICE FOR VICTIMS OF VIOELENCE AGAINST WOMEN

    Directory of Open Access Journals (Sweden)

    Cahya Wulandari

    2015-01-01

    Full Text Available Positive law is less oriented towards the protection of victims, especially women. Restorative justice appears to protect and resolve problems with the interests of the victim-oriented. This article discuss the form of legal protection for victims of violence against women, gender-based and describe the form of restorative justice for victims of gender-based violence against women. Positive criminal law does not accommodate both the interests of the victim to determine the crime against him self and to restore his suffering. This is caused due to the dominance of retributive justice in the settlement mind set crime through the criminal law. The restorative justice allows for an active role in the completion of a crime victim who happens also allows the imposition of sanctions that are beneficial to the recovery of the suffering of the victims.

  14. Two Sides of the Same Coin: Preservice Teachers' Dispositions towards Critical Pedagogy and Social Justice Concerns in Rural and Urban Teacher Education Contexts

    Science.gov (United States)

    Han, Keonghee Tao; Madhuri, Marga; Scull, W. Reed

    2015-01-01

    This paper describes preservice teachers' (PTs) dispositions toward diversity, social justice education, and critical pedagogy (CP). PTs were enrolled in elementary Literacy Methods courses in two geographic locations, one rural and the other urban. We employed CP (Darder et al. in "Critical pedagogy: an introduction." In: Darder A,…

  15. International Criminal Law & Its Paradoxes

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2017-01-01

    criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures.......This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international...

  16. The Space for Restorative Justice in the Ethiopian Criminal Justice System

    Directory of Open Access Journals (Sweden)

    Endalew Lijalem Enyew

    2014-12-01

    Full Text Available Restorative Justice (RJ is an alternative way of apprehending crime and justice which views crime as a violation of a relationship among victims, offenders and community, and which allows the active participation of the crime’s stakeholders. It has the objective of ‘putting right’ the wrong done, to restore the broken relationship and to reintegrate the offender back into society. The Ethiopian criminal justice system views crime primarily as a violation of the state’s criminal laws, either in the form of a commission or omission. It excludes the community from participation, and gives no opportunity to the victim to fully participate in the process. Nor is there a satisfactory legal procedure which enables the public prosecutor to adequately protect the victim’s interest. The focus of the public prosecutor is to have the accused convicted and punished, instead of encouraging them to take responsibility to undo the wrong they have committed. This article thus examines whether restorative justice has a place in the formal legal framework of the existing Ethiopian criminal justice system; and analyses the prospects for, and the challenges that may hinder, the implementation of restorative justice practice in this framework.

  17. 75 FR 33636 - Bureau of Justice Assistance; Agency Information Collection Activities: Proposed Collection...

    Science.gov (United States)

    2010-06-14

    ... Notice of Information Collection Under Review: New Collection Bureau of Justice Assistance Application Form: Federal Law Enforcement Officers Congressional Badge of Bravery. The Department of Justice (DOJ... DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121-NEW] Bureau of Justice...

  18. 75 FR 19659 - Bureau of Justice Assistance; Agency Information Collection Activities: Proposed Collection...

    Science.gov (United States)

    2010-04-15

    ... Notice of Information Collection Under Review: New Collection Bureau of Justice Assistance Application Form: Federal Law Enforcement Officers Congressional Badge of Bravery. The Department of Justice... DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121-NEW] Bureau of Justice...

  19. Challenges and prospects of the juvenile justice administration in ...

    African Journals Online (AJOL)

    Juvenile justice administration in Nigeria is weak and has been given very little priority, despite Nigeria being signatory to the major international instruments relevant to the administration of juvenile justice. This is attributable to the history of the penal system of Nigeria, with laws guiding juvenile justice administration having ...

  20. Restorative justice as social justice for victims of gendered violence: a standpoint feminist perspective.

    Science.gov (United States)

    van Wormer, Katherine

    2009-04-01

    This article provides an overview of restorative justice as a process and examines its relevance to women who have been victimized by physical and sexual abuse. The starting point is the justice system with its roots in adversarial, offender-oriented practices of obtaining justice. The widespread dissatisfaction by battered women and rape victims and their advocates with the current system of mandatory law enforcement opens the door for consideration of alternative forms of dealing with domestic violence. Restorative justice strategies, as argued here, have several major advantages. Like social work, these strategies are solution-based rather than problem-based processes, give voice to marginalized people, and focus on healing and reconciliation. Moreover, restorative justice offers an avenue through which the profession of social work can re-establish its historic role in criminal justice. The four models most relevant to women's victimization are victim-offender conferencing, family group conferencing, healing circles, and community reparations. Each model is examined separately from a feminist standpoint. The discussion is informed by insights from the teachings of standpoint feminist theory and social work values, especially social justice.

  1. Prabowo and the shortcomings of international justice

    DEFF Research Database (Denmark)

    Tan, Nikolas Feith

    2015-01-01

    under the jurisdiction of the International Criminal Court, temporal jurisdiction renders prosecution impossible. This article explores Prabowo’s human rights abuses, and how international criminal law has failed to achieve justice for these crimes. It concludes that Prabowo’s political rise threatens...... the aims of international criminal justice....

  2. COLLABORATIVE POLICY-MAKING, LAW STUDENTS, AND ACCESS TO JUSTICE: THE REWARDS OF DESTABILIZING INSTITUTIONAL PATTERNS

    Directory of Open Access Journals (Sweden)

    Brea Lowenberger

    2017-12-01

    Full Text Available Heightened concerns and dialogue about access to justice have infused the law school setting in Saskatchewan and, to varying degrees, across the country. If there ever were a time to approach social justice reform differently – to upset traditional parameters around decision making and step around older hierarchies for input and design – it would be now. This article describes the Dean’s Forum on Dispute Resolution and Access to Justice (colloquially known as the Dean’s Forum as a platform for genuine student engagement in the development of public policy in this important area. We offer our combined reflections, gathered inside our “teaching team,” about the unique pedagogical features of our experiment and its challenges. As we continue to grow with the project, we offer this Saskatchewan story as one example of institutional collaboration in a quickly evolving educational and social policy landscape.   L’accès à la justice est une préoccupation croissante et un thème de plus en plus récurrent dans les facultés de droit de la Saskatchewan et, à différents degrés, de l’ensemble du pays. Le temps est venu, semble-t-il, d’aborder la réforme de la justice sociale différemment, de bouleverser les paramètres traditionnels gravitant autour de la prise de décisions et de contourner les hiérarchies plus anciennes en ce qui concerne les données et les concepts. Cet article porte sur le forum du doyen concernant le règlement des conflits et l’accès à la justice (familièrement appelé le Dean’s Forum (forum du doyen comme plateforme pour la participation des étudiants à l’élaboration des politiques publiques dans cet important domaine. Nous présentons l’ensemble des réflexions de notre équipe d’enseignants au sujet des éléments pédagogiques uniques de notre expérience et des difficultés connexes. Nous continuons à grandir avec notre projet, mais nous souhaitions décrire dès maintenant cette

  3. Advancing system and policy changes for social and racial justice: comparing a Rural and Urban Community-Based Participatory Research Partnership in the U.S.

    Science.gov (United States)

    Devia, Carlos; Baker, Elizabeth A; Sanchez-Youngman, Shannon; Barnidge, Ellen; Golub, Maxine; Motton, Freda; Muhammad, Michael; Ruddock, Charmaine; Vicuña, Belinda; Wallerstein, Nina

    2017-02-21

    The paper examines the role of community-based participatory research (CBPR) within the context of social justice literature and practice. Two CBPR case studies addressing health inequities related to Type 2 Diabetes and Cardiovascular disease were selected from a national cross-site study assessing effective academic-community research partnerships. One CBPR partnership works with African Americans in rural Pemiscot County, Missouri and the other CBPR partnership works with African American and Latinos in urban South Bronx, New York City. Data collection included semi-structured key informant interviews and focus groups. Analysis focused on partnerships' context/history and their use of multiple justice-oriented strategies to achieve systemic and policy changes in order to address social determinants of health in their communities. Community context and history shaped each partnership's strategies to address social determinants. Four social justice approaches (identity/recognition, procedural, distributive, and structural justice) used by both partnerships were identified. These social justice approaches were employed to address underlying causes of inequitable distribution of resources and power structures, while remaining within a scientific research framework. CBPR can bridge the role of science with civic engagement and political participation, empowering community members to become political agents who integrate evidence into their social justice organizing strategies.

  4. Judicial activism of the Court of Justice of the EU in the pluralist architecture of global law

    OpenAIRE

    Cebulak, Pola

    2014-01-01

    Judicial activism implies a hidden politicization of the Court. The legal arguments and the methods used by the Court of Justice of the European Union (CJEU) might seem coherent. However, an inquiry into judicial activism means looking beyond the legal reasoning of the Court and trying to “connect the dots” of an alternative narrative that can explain the Court’s long-term approach to certain issues. In the case of judicial activism of the CJEU in the case-law concerning public international ...

  5. Environmental justice: An issue for states

    Energy Technology Data Exchange (ETDEWEB)

    Murakami, L.K.; Davis, S.; Starkey, D. [National Conference of State Legislatures, Denver, CO (United States)

    1996-12-01

    Environmental justice combines the social justice and the environmental movements. The very term environmental justice is often and inaccurately used interchangeably with environmental racism and environmental equity. Environmental racism refers to any policy, practice or directive, intentional or not, that differentially affects the environment of individuals, groups or communities based on their race. The concept of environmental equity holds that all populations should bear a proportionate share of environmental pollution and health risks. Environmental justice is a broader term that encompasses both these concepts and connotes the laws must be applied with fairness and impartiality. Environmental justice is defined as the achievement of equal protection from environmental and health hazards for all people regardless of race, income, culture or social class.

  6. Environmental justice: An issue for states

    International Nuclear Information System (INIS)

    Murakami, L.K.; Davis, S.; Starkey, D.

    1996-01-01

    Environmental justice combines the social justice and the environmental movements. The very term environmental justice is often and inaccurately used interchangeably with environmental racism and environmental equity. Environmental racism refers to any policy, practice or directive, intentional or not, that differentially affects the environment of individuals, groups or communities based on their race. The concept of environmental equity holds that all populations should bear a proportionate share of environmental pollution and health risks. Environmental justice is a broader term that encompasses both these concepts and connotes the laws must be applied with fairness and impartiality. Environmental justice is defined as the achievement of equal protection from environmental and health hazards for all people regardless of race, income, culture or social class

  7. 76 FR 1641 - Meeting of the Office of Justice Programs' Science Advisory Board

    Science.gov (United States)

    2011-01-11

    ... and By-Laws, a review of ethics rules applicable to the Board's activities, and briefings from OJP... DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJP) Docket No. 1543] Meeting of the Office of Justice Programs' Science Advisory Board AGENCY: Office of Justice Programs (OJP), Justice. ACTION...

  8. Pardon in the light of restorative justice

    Directory of Open Access Journals (Sweden)

    Miladinović Dušica

    2007-01-01

    Full Text Available The main aim of this paper is to consider pardon in the restorative justice context. Beginning from the basic standpoint that restorative justice imposes request for interests-balancing of different subjects connected by criminal act, the author tries to examine the articulation of the aforementioned standpoint through the pardon concept, accepted in domestic positive law. There is no doubt that the institute is designed in favour of the crime perpetrator, which is confirmed by the analysis of different legal effects produced by its content, while the victim- and society interests remained, at least, insufficiently protected. Therefore, the author points to some positive examples from comparative law and poses certain suggestions, that can be of use for eventual reforming of the institute, in order to achieve values of restorative justice. .

  9. Comparative Supreme Justice

    Directory of Open Access Journals (Sweden)

    Ditlev Tamm

    2011-12-01

    Full Text Available This article deals with the great variety of Supreme Courts in the world today and presents some selected courts. Supreme Courts are found in most countries both as only apex courts or in a courts’ system where also supreme administrative courts or constitutional courts are found. The starting point is the variation of supreme justice in the Nordic countries where one apex court is the system of Denmark and Norway whereas administrative courts are found in Sweden and Finland. Constitutional courts stem from the European tradition and are most abundant in Europe and in countries with a civil law system but especially in Africa they are also found in common law countries. Mexico is mentioned as a specific example of a Supreme Court that has taken upon itself to be a main player in the endeavour to communicate the law to a general audience. The article is a presentation with samples of what is going to be a project on comparative supreme justice in which the position of supreme courts in the various states, the recruitment scheme and competence of the courts and other such factors will be analyzed on a global basis.

  10. Procedural Justice in Dutch Administrative Law Proceedings

    NARCIS (Netherlands)

    Verburg, André|info:eu-repo/dai/nl/355246236; Schueler, Ben|info:eu-repo/dai/nl/126262586

    2014-01-01

    In this paper we discuss recent developments in administrative court proceedings in the Netherlands, called the New Approach. Along with developments leading to the New Approach, it became clear that the insights from research on procedural justice deserve particular attention. The goals of the

  11. Restoratif Justice dalam Wawasan Pemidanaan menurut Adat Gayo

    Directory of Open Access Journals (Sweden)

    Mohd. Din

    2010-04-01

    Full Text Available ABSTRACT: The advance of thery regarding the purpose of criminal punishment was started from Kantianism, retributive and utilitarian which has orientation toward the crime actor. Basically, this aim does not accomodate integrated criminal punishment purpose, untuil emergin restroaktive concept in which involve the crime victim interest in the crime punishment mechanism. For Indonesia, restroaktive justice concept has been kwon in the curtomary law under the peace process.   Restroaktif Justice in the Insight of Criminal Punishment according to Gayo’s Customary Law

  12. General Principles of Transnationalised Criminal Justice?
    Exploratory Reflections

    Directory of Open Access Journals (Sweden)

    Marianne L. Wade

    2013-09-01

    Full Text Available This article sets out to explore the premise of general principles in what is labelled transnationalised criminal justice (encompassing the substantive and procedural law as well as the institutions of transnational criminal law and European criminal law. Whilst there can be no denying that these are diverse and divergent areas of law in many ways, their fundamental common denominator of seeking to convict individuals whilst subjecting these to arrest, detention and deprivation of other rights across borders, is taken as a baseline around which certain general principles may gravitate. The current state of executive over-reach within transnationalised criminal justice structures is studied, particularly in relation to the European criminal justice context. This over-reach is explored utilising the theoretical framework of social contract theory. It is suggested that the transfer of investigative and prosecutorial powers to transnationalised contexts undertaken by the relevant executives without seeking to temper this assignment with mechanisms to secure the rights of individuals which counter-balance these, as required by the constitutional traditions of their country, can be regarded as in breach of the social contract. Using this thought experiment, this article provides a framework with which to identify the deficits of transnationalised criminal law.  The way in which such deficits undermine the legitimacy of the institutions created by states to operate the mechanisms of transnationalised criminal justice as well as the fundamental values of their own constitutions is, however, demonstrated as concrete. The latter are identified as mechanisms for deducing the general principles of transnationalised criminal justice (albeit via difficult international negotiation. If the supranationalisation of criminal justice powers is not to be regarded as a tool undermining constitutional values and effectively allowing executives acting in an

  13. 7 CFR 1717.1203 - Relationship between RUS and Department of Justice.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 11 2010-01-01 2010-01-01 false Relationship between RUS and Department of Justice. 1717.1203 Section 1717.1203 Agriculture Regulations of the Department of Agriculture (Continued) RURAL... GUARANTEED ELECTRIC LOANS Settlement of Debt § 1717.1203 Relationship between RUS and Department of Justice...

  14. Courthouses as Spaces of Recognition, Functionality and Access to Law and Justice: A Portuguese Reflection

    Directory of Open Access Journals (Sweden)

    Patrìcia Branco

    2016-09-01

    Full Text Available One of the most overlooked topics at the level of reflection regarding law and the legal system, has been the courthouse architecture. Architecture organizes and structures space, making it intelligible, understandable, and capable of being interpreted as possible, being that the exterior and interior, as well as materials and objects present therein can facilitate or inhibit our activities through how they mean and represent certain messages. Hence it becomes necessary to make an analysis of the spaces of justice - and here I have in mind the Courthouse as a privileged public space of justice – taking into consideration the circumstances of time, place of jurisdiction, the historical, political, regulatory, and socio-cultural contexts, as well as legal tradition. Thus, and by analyzing the trends (international and national of development of construction and / or adaptation (types of buildings and internal organization, focusing on different infrastructures and accessibility and respective use, including, here, the representations and spatial practices of the real actors (professionals and users, I propose to consider the importance of regarding courthouses as spaces of justice, through the lenses given by the functions of recognition, functionality and access to law and justice. Uno de los temas sobre los que menos se ha reflexionado en el ámbito del derecho y el sistema legal ha sido la arquitectura de los juzgados. La arquitectura organiza y estructura el espacio, haciéndolo inteligible, comprensible y capaz de interpretarlo como algo posible, ya que el exterior y el interior, así como los materiales y objetos presentes, pueden facilitar o inhibir nuestras actividades mediante la forma en que emiten y representan ciertos mensajes. Por lo tanto, es necesario realizar un análisis de los espacios de la Justicia - y aquí se entiende el juzgado como un espacio público privilegiado de la Justicia - teniendo en cuenta las circunstancias de

  15. Corporate accountability and transitional justice

    Directory of Open Access Journals (Sweden)

    Sabine Michalowski

    2015-10-01

    Full Text Available Traditionally, transitional justice processes do not address the role of corporations in dictatorships or in armed conflicts that give rise to the need for dealing with grave and systematic human rights violations. However, there is a growing awareness that in many contexts corporations contribute to these violations, often in the form of corporate complicity with the principal violators. An argument can therefore be made that to achieve the aims of transitional justice and establish a holistic narrative of the past as well as obtain justice and reparations for victims requires investigating and addressing the role of corporate actors. This article uses the example of Colombia’s Justice and Peace process to show some of the complexities, opportunities and challenges that arise if transitional justice measures focus primarily on criminal law and create a specific legal framework, outside of the ordinary justice systems, only for a limited group of primary perpetrators, in the Colombian case for members of the armed groups who demobilised. It is argued that the exclusion of corporate actors in contexts where their role is regarded as significant leads to victims seeking alternatives ways to obtain justice and that both victims and corporations would benefit if transitional justice mechanisms addressed the role of corporations.

  16. Satellites, Plasmas and Law: The Role of TeleCourt in Changing Conceptions of Justice and Authority in Ethiopia

    Directory of Open Access Journals (Sweden)

    Zenebe Beyene

    2015-05-01

    Full Text Available An ambitious experiment in the ICT and justice sector is underway in Ethiopia. As part of an effort to improve service delivery and the responsiveness of the state, the Ethiopian government has created 'TeleCourt,' a system that allows trials to take place between remote areas and regional or federal courts through videoconferencing and a satellite Internet connection. This article is the first to analyze how TeleCourt operates, with a particular focus on the perspectives of end-users, those who have had first-hand experience of how 'justice at a distance' actually works. The findings suggest general satisfaction with the savings - both in terms of financial burden and time costs that are often incurred when travelling to trials - which TeleCourt allows. As the system improves ways to provide justice to the grassroots, in line with the government's commitment towards peasants, this must also be considered in the context of the Ethiopian government's growing efforts to use law to curb political dissent. This is indicative of a broader tendency of selectively adopting and reshaping ICTs and extending them to the poorest people in Ethiopia in order to support the functioning of the state, while other uses of ICTs that are seen as potentially destabilizing are discouraged or forbidden.

  17. Intergenerational Justice: How Reasonable Man Discounts Climate Damage

    Directory of Open Access Journals (Sweden)

    Marc D. Davidson

    2012-01-01

    Full Text Available Moral philosophers and economists have evaluated the intergenerational problem of climate change by applying the whole gamut of theories on distributive justice. In this article, however, it is argued that intergenerational justice cannot imply the application of moral ideal theories to future generations. The formal principle of equality simply requires us to treat like cases as like. If intergenerational justice is to have any meaning, it would require future generations to receive the same treatment under the law and the same treatment from the authorities, as far as cases are like. In the context of climate change, the reasonable man standard from tort law is of particular relevance. There is no justification to handle pollution across generational boundaries according to norms which differ from the (international laws for handling pollution across national borders. It is argued that this implies, for example, that a zero social rate of time preference should be used in cost-benefit analysis of climate policy: climate damage experienced by future generations should be discounted neither for their higher expected wealth, nor purely for their being remote.

  18. The Relevance of the Doctrine on Restorative Justice in the Indonesian Sentencing System

    Directory of Open Access Journals (Sweden)

    Bambang Waluyo

    2015-08-01

    Full Text Available Referring on the development of criminal law recently, it is inevitable to reform the criminal law through changes on the Indonesian Criminal Code (KUHP. Being derived from the foreign law (relic of the colonial era, the Criminal Code has been obsolete, injustice, outmoded and unrealistic irrelevant for the present reality. The type of research employed in this paper is normative research, reviewing the restorative justice principle from the perspective of the criminal law system, with the aim of constructing a restorative justice concept which is ideal to be applied in the Indonesian criminal law system. The concept of restorative justice is an approach of problem solving that emphasizes the recovery of victims and to restore the relationship between the perpetrator and the victim and to their respective communities. By using such approach, the parties are expected to reach a mutual agreement related to the settlement of disputes which expected to harmonize the relationship of the parties prior the occurrence of the crime. On the practical level, the principles on restorative justice for the settlement of criminal case may need to be implemented imminently as part of the criminal system in Indonesia.

  19. Handbook for Military Justice and Civil Law

    National Research Council Canada - National Science Library

    2000-01-01

    .... When speaking of the "law of evidence" one does not refer to a single set of laws contained in a particular book; the law of evidence is to be found in the Constitution, statutes, court rules, court decisions, service regulations, scholarly writings, administrative decisions, and the common law.

  20. Arizona Education Tax Credit and Hidden Considerations of Justice

    Directory of Open Access Journals (Sweden)

    Michele S. Moses

    2000-08-01

    Full Text Available The current debate over market-based ideas for educational reform is examined, focusing specifically on the recent movement toward education tax credits. Viewing the Arizona education tax credit law as a voucher plan in sheep's clothing, I argue that the concept of justice underlying the law is a crucial issue largely missing from the school choice debate. I question the libertarian conception of justice assumed by voucher and tax credit advocates, and argue instead that a contemporary liberal democratic conception of justice ought to undergird attempts at school reform. A call for educators and policymakers to concentrate energies on efforts to help needy students rather than on efforts to channel tax dollars toward self- interested ends concludes the article.

  1. Local perceptions of jaguar conservation and environmental justice in Goiás, Matto Grosso and Roraima states (Brazil

    Directory of Open Access Journals (Sweden)

    Yennie K. Bredin

    2018-01-01

    Full Text Available Wildlife conservation often leads to various conflicts with other human activities, resulting in concerns about the justice of conservation. Although species' protection – notably of large carnivores – can have negative consequences for economic interests and human well-being, environmental justice issues related to species conservation are rarely explored. In Brazil, jaguars (Panthera onca have become flagships for a series of conservation initiatives. Whereas jaguars' direct impact on cattle farming has been studied, their influence on other rural stakeholders is poorly understood. Here we study local people's views on jaguars and jaguar conservation across the Cerrado savannah and the Amazon rainforest biomes. Using Q-methodology, we identified five distinct narratives regarding jaguar conservation in relation to environmental justice issues. These were shared among fishermen, tourist guides, cattle breeders, crop farmers and jaguar hunters. Interestingly, we did not find any systematic differences in subjective views, across regions, or professions/livelihood forms. However, our results showed a strong desire among the stakeholders for more local empowerment to influence the management of both jaguars and nature where they live. Moreover, we detected a widespread discontent with the lack of consistent implementation and predictable enforcement of environmental laws. Keywords: Jaguar conservation, Environmental justice, Brazil, Q methodology, Local views

  2. Criminal Justice Web Sites.

    Science.gov (United States)

    Dodge, Timothy

    1998-01-01

    Evaluates 15 criminal justice Web sites that have been selected according to the following criteria: authority, currency, purpose, objectivity, and potential usefulness to researchers. The sites provide narrative and statistical information concerning crime, law enforcement, the judicial system, and corrections. Searching techniques are also…

  3. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ...

    African Journals Online (AJOL)

    Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ... Book Review: Aboriginal Customary Law: A Source of Common Law Title to ... to promote climate justice · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT

  4. Critical assessment of Nigeria criminal justice system and the ...

    African Journals Online (AJOL)

    Critical assessment of Nigeria criminal justice system and the perennial problem of awaiting trial in Port Harcourt maximum prison, Rivers State. ... Global Journal of Social Sciences ... Keywords: Nigeria criminal justice system, awaiting trial, rigidity of the penal law, holding charges, delay in the disposal of cases ...

  5. EU international family law: Legal basis, sources, case law of ECJ

    Directory of Open Access Journals (Sweden)

    Bordaš Bernadet

    2012-01-01

    Full Text Available The paper offers analysis of two issues. The first is the overview of the legal basis of international family law and it's sources under the Treaty of Lisbon on the Functioning of the European Union, and the second the case law of the European Court of Justice. Since 1999, when the Treaty of Amsterdam came into force, four regulations were adopted in matters of international family law as secondary sources of EU law, and three of them came into force. National courts of Member Sates are bound to apply directly three regulations, but so far only the interpretation of Brussels II bis Regulation has reached the European Court of Justice. Some of the judgments of the Court could be of interest for Serbian private international law. The reason is in the fact that the Court gave rulings on issues and concepts which are not defined in Serbian law, so they could influence the development and definitions of the those in the course of drawing up the new Act of Private International Law in Serbia. The paper reviews the Sundelind Lopez, the Hadady, the Case A. and the Mercredi judgments.

  6. Domestic violence and the criminal justice system: an overview.

    Science.gov (United States)

    Erez, Edna

    2002-01-01

    It is only recently that domestic violence has been considered a violation of the law. Although men have battered, abused and mistreated their wives or intimate partners for a long time, historically, wife or partner abuse has been viewed as a "normal" part of marriage or intimate relationships. Only towards the end of the twentieth century, in the 1970 s, has domestic violence been defined a crime, justifying intervention by the criminal justice system. This article surveys the history of domestic violence as a criminal offense, and the justice system response to woman battering incidents. It first discusses the definition of the offense including debates around the offense definition, and the prevalence and reported frequency of the behavior termed woman battering. It then reviews the legal and social changes over time that have altered the criminal justice system s approach to domestic violence. Next it outlines the responses of the police, and the prosecution of domestic violence. The article also discusses research findings related to domestic violence and the criminal justice system, along with current controversies concerning the justice approach to domestic violence, its law enforcement, and related unfolding trends in the movement to address domestic violence through the criminal justice system.

  7. Interdisciplinary Perspectives on Restorative Justice: Developing Insights for Education

    Science.gov (United States)

    Cremin, Hilary; Sellman, Edward; McCluskey, Gillean

    2012-01-01

    This article takes restorative justice as an example of an initiative that crosses disciplinary boundaries, and that has been usefully applied within educational contexts. Grounded in criminology, restorative justice also has roots in psychology, education, sociology, peace studies, philosophy and law. The article draws on an ESRC funded seminar…

  8. Model(ing) Law

    DEFF Research Database (Denmark)

    Carlson, Kerstin

    The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first and most celebrated of a wave of international criminal tribunals (ICTs) built in the 1990s designed to advance liberalism through international criminal law. Model(ing) Justice examines the case law of the ICTY...

  9. Shaping a Just World: Reinterpreting Rawls’s Approach to Global Justice

    OpenAIRE

    Huang, Jiahui

    2015-01-01

    This paper discusses the question of global justice through the lens of the theories of justice expounded by John Rawls in "A Theory of Justice, Political Liberalism, and The Law of Peoples". In any theory of justice, some features of the world we know are held fixed; such constraints may be genuinely unchangeable facts about the world, or they may be contingent facts assumed to be fixed for the purposes of the theory. I argue that a fully adequate theory of justice (‘ideal theory’) should fr...

  10. Leibniz, Lefebvre and the spatial turn in law

    Directory of Open Access Journals (Sweden)

    Isolde de Villiers

    2016-11-01

    Full Text Available This contribution takes as its point of departure the spatial turn in law and the notion of spatial justice. It traces the term ‘spatial justice’ as introduced through the Spatial Planning and Land Use Management Act and it looks at the underlying view of space that has influenced the spatial turn in law. It furthermore investigates the ways in which the spatial turn in law has been influenced by the thinking of Henri Lefebvre, who relies on a Leibnizian conception of space. Lastly the link between Leibniz and legal positivism is considered in order to reach the final conclusion in the form of a caution against merely adding the language of spatial justice to an approach to space that remains caught up in abstract space. This will only further entrench existing fault lines in society. For this conclusion the work of Roger Berkowitz is central. Berkowitz argues convincingly that the work of Leibniz was central in the development of legal positivism, despite Leibniz in general being considered as a natural law thinker. The same applies to spatial justice theory, where the work of Leibniz is central: it may present the possibilities of another law – the law as it ought to be. The law conceptualised as ‘ought’ instead of ‘is’ would promote reconciliation. Alternatively, spatial justice can simply present the law as it ‘is’ and reconfirm and deepen the chasms in our world.

  11. Cyber stalking victimisation of women: Evaluating the effectiveness of current laws in India from restorative justice and therapeutic jurisprudential perspectives

    Directory of Open Access Journals (Sweden)

    Halder Debarati

    2015-01-01

    Full Text Available Victimisation of women through cyber stalking is one of the most serious crimes against women. Many countries including India have developed laws regulating cyber stalking. This article argues that since both, restorative justice (RJ and therapeutic jurisprudence (TJ are victim oriented, the issue of cyber stalking of women may be dealt with by RJ process and the laws in this regard must be analysed by the legal actors with a background in RJ and TJ philosophy. India had earlier taken up therapeutic punishment policy to enforce rights of the accused. But the modern principles of TJ have still not been considered in the RJ background in cyber stalking cases. This article therefore examines whether RJ and TJ principles can replace retributive principles for cyber stalking victimisation. It also examines the Indian cyber stalking law from RJ and TJ perspectives to assess its effectiveness for victims.

  12. Social Justice and the Future of Higher Education Kinesiology

    Science.gov (United States)

    Culp, Brian

    2016-01-01

    This article presents a rationale for the infusion of social justice into kinesiology programs for the purpose of reducing inequities in society. Specifically, the current climate for social justice is considered and discussed using examples from an university-inspired service-learning initiative, law, and politics. Of note are the following areas…

  13. The Connection Between the Theorists of Phýsis with the Tragic and Justice

    Directory of Open Access Journals (Sweden)

    Hilda Helena Soares Bentes

    2015-12-01

    Full Text Available The article aims at analyzing the connection between the theorists of phýsis with the tragic and the justice. This link is proposed as a way of theorizing the essence of the Justice and the tragic, that truly expresses the Greek idea of Justice. The investigation intends to recover the original meaning of justice as a theoretical foundation to Philosophy of Law. It starts from the examination of the concept of phýsis in the presocratic thinking, mainly in Anaximander, Heraclitus and Parmenides, as a possibility to conceive the essential elements of justice. The relation between literature and justice reveals the importance of the interdisciplinarity as the apprehension of the human condition and the development of a critical consciousness towards the problems concerning the philosophy of law, still crucial to contemporary dilemmas.

  14. 28 CFR Appendix D to Part 61 - Office of Justice Assistance, Research, and Statistics Procedures Relating to the Implementation...

    Science.gov (United States)

    2010-07-01

    ... Administrator, Law Enforcement Assistance Administration; the Director, Bureau of Justice Statistics; or the... environmental coordinator shall be designated in the Bureau of Justice Statistics, the Law Enforcement.... 1451, et seq.; and other environmental review laws and executive orders. 7. Actions planned by private...

  15. The Effect of International Trade on Rule of Law

    Directory of Open Access Journals (Sweden)

    Junsok Yang

    2013-03-01

    Full Text Available In this paper, we look at the relationship between international trade and the rule of law, using the World Justice Project Rule of Law Index, which include index figures on human rights, limits on government powers, transparency and regulatory efficiency. Based on regression analyses using the rule of law index figures and international trade figures (merchandise trade, service trade, exports and importsIn this paper, we look at the relationship between international trade and the rule of law, using the World Justice Project Rule of Law Index, which include index figures on human rights, limits on government powers, transparency and regulatory efficiency. Based on regression analyses using the rule of law index figures and international trade figures (merchandise trade, service trade, exports and imports as percentage of GDP, international trade and basic human rights seem to have little relationship; but trade has a close positive relationship with strong order and security. Somewhat surprisingly, regulatory transparency and effective implementation seems to have little or no effect on international trade and vice versa. International trade shows a clear positive relationship with the country’s criminal justice system, but the relationship with the civil justice system is not as clear as such. For regulatory implementation and civil justice, services trade positively affect these institutions, but these institutions in turn affect exports more strongly than services trade. Finally, the effect of trade on rule of law is stronger on a medium to long term (10-20 year time horizon.

  16. CB Soyapi REGULATING TRADITIONAL JUSTICE IN SOUTH AFRICA

    African Journals Online (AJOL)

    10332324

    ANALYSIS OF SELECTED ASPECTS OF THE TRADITIONAL COURTS BILL ... Customary law1 is without doubt the oldest system of law in most African societies. ... traditional leaders.2 Within such a structure, a feature which was predominant in ...... Harper E Customary Justice: From Program Design to Impact Evaluation.

  17. 28 CFR 0.29j - Law enforcement authority.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Law enforcement authority. 0.29j Section 0.29j Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE 4-Office of the Inspector General § 0.29j Law enforcement authority. Subject to guidelines promulgated by the Attorney General, Special Agents of the Offic...

  18. Negotiating Justice: American Muslim Women Navigating Islamic ...

    African Journals Online (AJOL)

    A common challenge my interlocutors faced in divorce was establishing an access to Islamic divorce and a divorce on equitable terms. Using their understanding of Islamic law as a standard for justice, my interlocutors employed both civil law and religio-legal strategies to re-defi ne the terms of Islamic divorce for themselves ...

  19. Handbook for Military Justice and Civil Law

    Science.gov (United States)

    1997-03-01

    XXIX DRUNKENNESS XXX MISCONDUCT BY A SENTINEL OR LOOKOUT XXXI BREACHES OF RESTRAINT XXXII FALSIFICATION OFFENSES XXXIII DEFENSES Naval Justice...shirts, two quarts of milk , five steaks, a case of beer, and two tires. To charge Grabb with 26 separate specifications of larceny (one for each...and three shirts; one for the two quarts of milk and five steaks; one for the case of beer; and another for the two tires) may not be unnecessary

  20. 'No Peace without Justice or No Justice without Peace?' : Some reflections on a Complex Relationship

    NARCIS (Netherlands)

    van der Wilt, H.

    2017-01-01

    This essay addresses the convoluted relationship between international criminal justice and peace by drawing parallels with the dialectics between these concepts within a domestic legal order. While it is acknowledged that national criminal law enforcement is functional in keeping and restoring the

  1. VALIDATION OF THE DERIVED LAW NORM IN THE EUROPEAN AND INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Alina Leția

    2013-11-01

    Full Text Available Throughout realizing the study we analyzed the validity of the European law norm resulting from the derived sources of law with obligatory force (regulations, decisions and directives in connection with the European law norm, the national law norm and the general principles of law considering the jurisprudence of the European Court of Justice and the supremacy of the European Union law also over national constitutions. Thus the European Union represents a new law order, having as subjects not only states member, but also the nationals of these states, who benefit of rights that can be appealed before national courts against public organisms or other private persons and obligations. Therefore, the European Court of Justice has successively imposed the direct applicability of community norms, continuing with the priority of these norms so that in the end the principle of the supremacy of the European law has been adopted. The European norm has to be respected and interpreted in a uniform manner in all states member, considering the fact that the supremacy of the European law over the national law is seen as a sine qua non of the integration, but also a fundamental principle of the Union. National courts guarantee the supremacy of the European norm and its unitary application – aspects analyzed in this study- through the procedure of preliminary decisions.

  2. COURT OF JUSTICE OF THE EUROPEAN UNION - INTERNATIONAL COURT

    Directory of Open Access Journals (Sweden)

    Ioana Nely Militaru

    2015-11-01

    Full Text Available Court of Justice of the European Union (CJEU performs according to its competence, the position of International Justice in solving disputes between two or more subjects of international law. International jurisdiction of the Court of Justice of the EU is - mandatory that each Member State has the opportunity to seize this court if it considers that another state violated an obligation incumbent upon it under Union Treaties; - optional in disputes between Member States in connection with the subject Union Treaties.

  3. Concussion Law Compliance: The Allocation of Time, Resources, and Money in a Rural Western State

    Science.gov (United States)

    Faure, Caroline; Moffit, Dani M.; Schiess, Kurt

    2015-01-01

    Secondary schools across the United States that sponsor extracurricular athletic programs are challenged to comply with recent laws that require concussion education and appropriate concussion management. This study examined one rural state's efforts by illustrating both the successes and challenges that secondary schools faced. The findings…

  4. Analyse cognitive d'une politique publique : justice ...

    African Journals Online (AJOL)

    Analyse cognitive d'une politique publique : justice environnementale et « marchés ruraux » de bois-énergie. ... energy sources to poor urban dwellers; and to reduce the poverty of rural households by promoting sustainable forest management including income generation through producing and marketing charcoal.

  5. Rural African women and development.

    Science.gov (United States)

    Kabadaki, K

    1994-01-01

    70-90% of Africans still live in rural areas, and 25-30% of rural households are headed by women. Standards of living in rural areas are lower than in urban areas. Rural African women's involvement in development is in its initial stages, and social development for women is likely to be slow. Increasing women's opportunities for education is a means of promoting social justice and fairness. Schools should offer courses of practical value for those not planning on higher education and special programs and career counseling for gifted girls. Women's organizations, African leaders, and other influential parties should aggressively create awareness about the oppressive aspects of traditional attitudes, beliefs, and views about women. Laws on ownership of property, inheritance, access to credit, and employment must be equitable and enforced. Consciousness-raising among rural women is an effective means of encouraging rural women to seek and assume new roles and for questioning unreasonable expectations and norms. Women's professional associations serve important functions and fulfill the need for role models. The quality of rural women's life is effectively improved through formulation of policies relevant to women's needs and problems and improve rural conditions. Women should have fair representation at local and national levels of government. Women's role in agriculture is likely to be enhanced through improved transportation systems, electricity supply, and introduction of intermediate technology. This assessment of rural African women's contributions to economic growth emphasizes women's involvement in farming and the informal sector and their lack of equal remuneration or low wages. Illiteracy places women in a disadvantaged position when competing for employment in the formal sector. Lack of access to credit and limits on credit are other obstacles in the informal sector. The reduced participation of rural women in the formal and informal sector is due to lack of

  6. The Child Justice Act

    African Journals Online (AJOL)

    Stephan

    1995-06-16

    Jun 16, 1995 ... Gallinetti "Child Justice" 648; Le Roux-Kemp 2008 Annual Survey of South African Law 298 (the. Act contains a "separate, but parallel, ... The various aspects of section 68 are then evaluated. The greatest challenges lie in the ... See also, eg, Picardi Hotels v Thekwini. Properties 2009 1 SA 493 (SCA) para ...

  7. Realising the child's best interests: lessons from the Child Justice ...

    African Journals Online (AJOL)

    ... Act to refine the Schools Act with regard to serious matters of school discipline and to ensure its proper alignment with the constitutional imperatives regarding the best-interests-of-the-child right. Keywords: School discipline; child justice; the best interests of the child; children's rights; education law; restorative justice ...

  8. Genetics, criminal justice, and the minority community: An introduction for professionals in criminal justice. A report on the third annual convocation of the Justice George Lewis Ruffin Society

    Energy Technology Data Exchange (ETDEWEB)

    Croatti, R.D.

    1994-10-15

    The Justice George Lewis Ruffin Society is an organization founded in 1984 to support minority professionals in the Massachusetts criminal justice system. The Society began the sponsorship of statewide Convocations in 1992. These events provide minority criminal justice professionals with the opportunity to focus on pertinent topics through expert presentations, panel discussions, and peer interactions. Because of its increasing importance in the criminal justice process at large, and growing significance to the minority community in particular, the committee determined that the 1994 Convocation would focus on DNA. A decision was made to concentrate both on the science and the ethical and moral considerations pertinent to its application. The committee determined that along with expert presentations, a large portion of each day`s program should be devoted to workshops, designed to provide participants with an opportunity to review, test and discuss the material in a small group environment. Overall objectives of the Convocation were to provide minority and non-minority criminal justice professionals with a basic foundation in the science of genetics as well as current developments in genetic diagnostic technology, to highlight the actual and potential application of DNA technology to the criminal justice system and elsewhere, and to underscore the implications of these developments for criminal justice policy and the law.

  9. Justice Of The Peace Foreign Experience Of Organization Comparative Legal Analysis

    Directory of Open Access Journals (Sweden)

    Aishat R. Kaitova

    2014-09-01

    Full Text Available In the present article a short comparative analysis of the modern advanced states of the judicial systems is carried out. With considered judicial system's specifics existence it is possible to reveal their common features and tendencies of development. Today, for all states of the world community the process of globalization and universalism is characteristic. Practically all modern Constitutions and laws of states reproduce general approaches to the organization of the judicial systems and trial procedures, which are basis on the principles of the norms of international law, such as the right for fair and public trial in the reasonable time by the independent and impartial court, created on the basis of law. Moreover, today it is already possible to speak not only about declarative fixing of these general approaches, but also about their practical expression in the form of the number of judicial reforms implementation among which the important role is played by the problem of the institute of the justice of the peace formation and development. In this context foreign experience of the institute of the justice of the peace formation and functioning study will allow to reveal the general tendencies and ways of this legal institute improvement in our country. In the conclusion author notes that in the Romano-German family of the legal systems (France, Spain, Anglo-American (USA, Great Britain and mixed (Canada, Australia - justice of the peace carried out justice earlier and still continue to function successfully, at the same time this legal institute not usual for the socialist law. So there were no justices of the peace in the USSR, China, Democratic People's Republic of Korea, Cuba, etc.

  10. "Bush Law 101": Realising Place Conscious Pedagogy in the Law Curriculum

    Science.gov (United States)

    Kennedy, Amanda; Mundy, Trish; Nielsen, Jennifer M.

    2016-01-01

    In 2012, a team of academics from six universities worked on an OLT-funded project, "Rethinking Law Curriculum: developing strategies to prepare law graduates for practice in rural and regional Australia." The project was motivated by the declining proportion of lawyers being attracted to and remaining in practice in rural and regional…

  11. The notion and basic principles of restorative justice

    Directory of Open Access Journals (Sweden)

    Ćopić Sanja

    2007-01-01

    Full Text Available One of the most important achievements of the contemporary criminal justice system and criminal policy is development of the concept of restorative justice. Contemporary concept of restorative justice was developed in 1970s on the basis of the criticism of the traditional criminal law and criminal justice system. Since that time, it has been developing through different programs in many countries. Reform of the criminal justice system in Serbia staring from 2002 went into direction of entering elements of restorative justice into existing criminal justice system. In that sense, development of restorative justice is still at the beginning in our country. However, it can be noticed that there is a low level of awareness on the nature and importance of restorative forms of response to crime among our professionals, as well as a lack of understanding of the concept itself. Due to that, the aim of the paper is to enable better understanding of restorative concept in general through defining restorative justice and basic principles it relies on. That may put a basis for further recognition of restorative elements in our criminal justice system, which may provide adequate implementation of relevant provisions of restorative character in practice. .

  12. Criminal Justice in America.

    Science.gov (United States)

    Croddy, Marshall; And Others

    An introduction to criminal law, processes, and justice is provided in this high school level text. Content is divided into six chapters, each treating a particular aspect of criminal procedure and the social and political issues surrounding it. Chapter 1 considers the criminal, the effects of crime on its victims, and legislation to aid victims.…

  13. THE THEORETICAL PRINCIPLES OF JUSTICE WITHIN THE PENAL ASPECT

    Directory of Open Access Journals (Sweden)

    Kristina Sawen

    2017-05-01

    Full Text Available Justice will be fulfilled when the restraint on actions to benefit themselves by way of seizing what belongs to someone else is or reject what was supposed to be given to others.Justice will be fulfilled when self-restraint are applied to on actions that will only be self-benefiting for the said individuals by way of seizing someone else’s belongings or rejecting what is supposed to be given to others. Justice will be seen in the legal provisions governing and being framed in managing the human life even if that provision is still in the form of ideas that poured in through the legal provisions of the country. Justice can be seen in legal provisions that govern and frame the human’s life even if that provision is still in the form of ideas that are subscribed in the legal provisions of the country. The threat of sanctions contained in the law as one element of a crime, is also a manifestation of the value of the balance between the prohibition or the permissibility of things which will manifest themselves in a sanction when a violation of these provisions. The threat of a sanction that is contained in the law, as an element of crime, is also a form of manifestation of the accessibility of a certain value of balance between prohibition or permissibility which will be visible in the form of a sanction when a violation of these provisions occurs. As a value of balance between the ban and the threat of sanctions would also form the idea of the values of justice in law, which is expected to be obeyed by the people. The value of a balance between the prohibitions or threats will also form the values of justice in law, which is expected to be adhered to by by the people. So the sosial order and security of living together can be met.The importance of justice seen as essential virtues of that must be firmly held and at the same time the spirit of the basis of various institutions basic social a society .It means give it a chance in a fair manner and

  14. Cultural Cleavage and Criminal Justice.

    Science.gov (United States)

    Scheingold, Stuart A.

    1978-01-01

    Reviews major theories of criminal justice, proposes an alternative analytic framework which focuses on cultural factors, applies this framework to several cases, and discusses implications of a cultural perspective for rule of law values. Journal available from Office of Publication, Department of Political Science, University of Florida,…

  15. Future law enforcement officers and social workers: perceptions of domestic violence.

    Science.gov (United States)

    McMullan, Elizabeth C; Carlan, Philip E; Nored, Lisa S

    2010-08-01

    This study compares perceptions of domestic violence for college students planning to work in law enforcement with students aspiring to careers in social work and non-law-enforcement criminal justice (N = 491). The study involves students attending four public universities across one Southern state who completed a survey (spring of 2006) measuring whether various scenarios were (1) related to domestic violence, and (2) worthy of being reported to law enforcement. Findings indicate that all student groups (law enforcement, non-law-enforcement criminal justice, and social work) tended to identify the various scenarios as domestic violence (and worthy of being reported) regardless of the person's sexual orientation, violence severity, and offender's or victim's gender. However, law enforcement students are less sensitive to domestic violence when compared with social work and non-law enforcement criminal justice students. Findings reveal that (1) graduate students, (2) female students, and (3) White students (compared with African American students in general) attending majority White universities were more likely to identify domestic violence and its worthiness of being reported.The data in this study indicate that criminal justice programs produce graduates who are reasonably sensitive toward the importance of appropriate domestic violence response but could still improve using the techniques employed within social work programs.

  16. The Criminal Justice System and Ordeal of Victims of Crime in ...

    African Journals Online (AJOL)

    Law is important and indeed indispensable for the continued existence of human society. The criminal justice system is entrusted with the responsibility of controlling criminal behaviour and punishing criminals or offenders. Compared to civil law, criminal law focuses more on the benefit of the state and political community ...

  17. GAMING LAW ENFORCEMENT AND CRIMINAL JUSTICE PROBLEMS,

    Science.gov (United States)

    and techniques of gaming as they apply to the study of law enforcement problems in general, and to show how gaming may assist in identifying and overcoming some of the major pitfalls in law enforcement planning. (Author)

  18. Improving Uniform Code of Military Justice (UCMJ) Reform

    Science.gov (United States)

    2014-06-13

    U.S. Army.78 Westmoreland and Prugh believed that the military justice system at the time of the Vietnam War was not “combat tested .”79 They conclude...SECDEF-Memo-Comprehensive-Review- of-UCMJ.pdf. 168Timothy M. Phelps , Pentagon Plans Major Review of the Military Justice System, L.A. TIMES, April 15...detailed understanding of politics, psychology , and law are not required. This thesis employs a comparative, epidemiological analysis of multiple

  19. Resistance to the mainlandization of criminal justice practices: a barrier to the development of restorative justice in Hong Kong.

    Science.gov (United States)

    Lo, T Wing

    2012-06-01

    This article examines the political and legal barriers to introducing restorative justice (RJ) in Hong Kong. It argues that the processes involved in RJ may be in conflict with the rule of law, which is regarded by the citizens of Hong Kong as sacrosanct in their resistance to the "mainlandization" of criminal justice practices after China resumed sovereignty of Hong Kong. It is argued that, because it could admit such potentially harmful Chinese criminal justice concepts as "rule by the people," "absence of the presumption of innocence," "leniency for self-confession and severity for resistance," and "toeing the party line," RJ would be devoid of any restorative substance and could breach the principles of due process.

  20. A Critical Appraisal of the Juvenile Justice System under Cameroon's 2005 Criminal Procedure Code: Emerging Challenges

    Directory of Open Access Journals (Sweden)

    S Tabe

    2012-03-01

    Full Text Available The objective of this article is to examine the changes introduced by the 2005 Cameroonian Criminal Procedure Code on matters of juvenile justice, considering that before this Code, juvenile justice in Cameroon was governed by extra-national laws. In undertaking this analysis, the article highlights the evolution of the administration of juvenile justice 50 years after independence of Cameroon. It also points out the various difficulties and shortcomings in the treatment of juvenile offenders in Cameroon since the enactment of the new Criminal Procedure Code. The article reveals that the 2005 Code is an amalgamation of all hitherto existing laws in the country that pertained to juvenile justice, and that despite the considerable amount of criticism it has received, the Code is clearly an improvement of the system of juvenile justice in Cameroon, since it represents a balance of the due process rights of young people, the protection of society and the special needs of young offenders. This is so because the drafters of the Code took a broad view of the old laws on juvenile justice. Also a wide range of groups were consulted, including criminal justice professionals, children’s service organisations, victims, parents, young offenders, educators, advocacy groups and social-policy analysts. However, to address the challenges that beset the juvenile justice system of Cameroon, the strategy of the government should be focussed on three areas: the prevention of youth crime, the provision of meaningful consequences for the actions of young people, and the rehabilitation and reintegration of young offenders. Cameroonian law should seek educative solutions rather than to impose prison sentences or other repressive measures on young offenders. Special courts to deal with young offenders should be established outside the regular penal system and should be provided with resources that are adequate for and appropriate to fostering their understanding of

  1. The University and Education about Law

    Science.gov (United States)

    Odegaard, Charles E.

    1975-01-01

    Arguing that law is too large and too important a subject to be left to the law school, the author calls for changes, including an end to isolationist tendencies of the law school, so that the university can address itself to the problem of justice, its definition and implementation in society. (JT)

  2. Chemical warfare in Colombia, evidentiary ecologies and senti-actuando practices of justice.

    Science.gov (United States)

    Lyons, Kristina

    2018-03-01

    Between 1994 and 2015, militarized aerial fumigation was a central component of US-Colombia antidrug policy. Crop duster planes sprayed a concentrated formula of Monsanto's herbicide, glyphosate, over illicit crops, and also forests, soils, pastures, livestock, watersheds, subsistence food and human bodies. Given that a national peace agreement was signed in 2016 between FARC-EP guerrillas and the state to end Colombia's over five decades of war, certain government officials are quick to proclaim aerial fumigation of glyphosate an issue of the past. Rural communities, however, file quejas (complaints or grievances) seeking compensation from the state for the ongoing effects of the destruction of their licit agro-forestry. At the interfaces of feminist science and technology studies and anthropology, this article examines how evidentiary claims are mobilized when war deeply politicizes and moralizes technoscientific knowledge production. By ethnographically tracking the grievances filed by small farmers, I reveal the extent to which evidence circulating in zones of war - tree seedlings, subsistence crops, GPS coordinates and bureaucratic documents - retains (or not) the imprints of violence and toxicity. Given the systematic rejection of compensation claims, farmers engage in everyday material practices that attempt to transform chemically degraded ecologies. These everyday actualizations of justice exist both alongside and outside contestation over the geopolitically backed violence of state law. Rather than simply contrasting everyday acts of justice with denunciatory claims made against the state, farmers' reparative practices produce an evidentiary ecology that holds the state accountable while also ' senti-actuando' (feel-acting) alternative forms of justice.

  3. Transgenerational epigenetics and environmental justice.

    Science.gov (United States)

    Rothstein, Mark A; Harrell, Heather L; Marchant, Gary E

    2017-07-01

    Human transmission to offspring and future generations of acquired epigenetic modifications has not been definitively established, although there are several environmental exposures with suggestive evidence. This article uses three examples of hazardous substances with greater exposures in vulnerable populations: pesticides, lead, and diesel exhaust. It then considers whether, if there were scientific evidence of transgenerational epigenetic inheritance, there would be greater attention given to concerns about environmental justice in environmental laws, regulations, and policies at all levels of government. To provide a broader perspective on environmental justice the article discusses two of the most commonly cited approaches to environmental justice. John Rawls's theory of justice as fairness, a form of egalitarianism, is frequently invoked for the principle that differential treatment of individuals is justified only if actions are designed to benefit those with the greatest need. Another theory, the capabilities approach of Amartya Sen and Martha Nussbaum, focuses on whether essential capabilities of society, such as life and health, are made available to all individuals. In applying principles of environmental justice the article considers whether there is a heightened societal obligation to protect the most vulnerable individuals from hazardous exposures that could adversely affect their offspring through epigenetic mechanisms. It concludes that unless there were compelling evidence of transgenerational epigenetic harms, it is unlikely that there would be a significant impetus to adopt new policies to prevent epigenetic harms by invoking principles of environmental justice.

  4. Juvenile Justice: A Bibliographic Essay.

    Science.gov (United States)

    Kondak, Ann

    1979-01-01

    Provides information on the background and legal framework of the juvenile justice system, the issues that confront it, and the pressures for change, as well as noting some sources of information on the system. Available from American Association of Law Libraries, 53 West Jackson Blvd., Suite 1201, Chicago, Illinois 60604; sc $4.00. (Author/IRT)

  5. 7 CFR 1900.102 - Applicable law.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 12 2010-01-01 2010-01-01 false Applicable law. 1900.102 Section 1900.102 Agriculture Regulations of the Department of Agriculture (Continued) RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE... GENERAL Applicability of Federal Law § 1900.102 Applicable law. Loans made by FmHA or its successor agency...

  6. Can Law Become Curricula's Guidance Counselor?

    Science.gov (United States)

    Goslin, Kimberly G.

    2008-01-01

    This article asserts that curricula, a living text, ought to take into consideration the virtues of fairness, justice, and integrity as found in law, in order to judge controversial issues of curriculum. This assertion is argued through a comparison of jurisprudence and pedagogy, as well as law and curricula. Dworkin's (1986) contention of "law as…

  7. POLITIK HUKUM DALAM PUTUSAN HAKIM (The Politic of Law in a Verdict

    Directory of Open Access Journals (Sweden)

    Teguh Satya Bhakti

    2016-03-01

      A law (written law was never full, clear and complete set of community life, so it is always lagging behind follows the development of society. To keep abreast of it, the law should always be developed in order to remain update and relevant to the times. Implementation and development of legislation going through the verdict (jurisprudence in the judicial process. In other words, jurisprudence intended as legal development, to meet the legal needs of justice seeker. Implementation of the functions of law enforcement and justice as well as the function of legal discovery (rechtsvinding embodied in a verdict (jurisprudence, should refer to Pancasila as the norm of fundamental state (staatsfundamentalnorm or wisdom / genius of the national (national wisdom / national genius and 1945 as the basic law of the state, so that the decision reflects the sense of justice of the nation and the people of Indonesia as well. It declares a political manifestation of the law in a verdict.

  8. The Age of Criminal Responsibility: "The Frontier between Care and Justice"

    Science.gov (United States)

    Gillen, John

    2006-01-01

    This is an extract from a speech given by Mr Justice Gillen to a conference in Belfast organised by Children Law UK in January 2006. It addresses the potential conflict between the concept of the welfare of children inherent in the family care system and that of responsibility inherent in the criminal justice system. It questions whether the…

  9. Social justice and disability policy in Southern Africa | Mugumbate ...

    African Journals Online (AJOL)

    Social justice means different things to different people. This has resulted in diverse meanings and interpretations despite some commonalities, such as a focus on marginalised groups including women, people living in rural areas, persons with disabilities, children, racial minorities, and refugees, among others. In Nancy ...

  10. Symbolism as a Constraint on International Criminal Law

    DEFF Research Database (Denmark)

    Aksenova, Marina

    2016-01-01

    International criminal law is being pulled in different directions by various conflicting considerations – deterrence, retribution, justice for victims, reconciliation, and setting the historical record. This trend is detrimental for the survival of the system as it erodes the coherence and under......International criminal law is being pulled in different directions by various conflicting considerations – deterrence, retribution, justice for victims, reconciliation, and setting the historical record. This trend is detrimental for the survival of the system as it erodes the coherence...

  11. A survey on constitutional justice

    Directory of Open Access Journals (Sweden)

    Kheirollah Parvin

    2015-05-01

    Full Text Available The idea of supervising the conformity of statutory law with constitutional law, is due to necessities rooted in two essential principles: the supremacy of constitution and the hierarchy of the law. Constitution as the supreme law in the sense of status and legal value , is placed at the top of the legal pyramid of every political system and therefore requires a special organization and discipline that will act as the sanction of the principles and the main content incorporated in this legal instrument. this special organization and discipline known as Constitutional justice in legal Literature now and have studing in two main patterns. Firs pattern based on Supervision of courts on rules and other pattern is Apply by Emphasis on role of Political Institutions in Supervision on rules. This two patterns have common purpose but have different backgrounds and methods.

  12. The Fusion of International and Domestic Law in a Globalised World

    Directory of Open Access Journals (Sweden)

    Karolina Aksamitowska

    2017-08-01

    Full Text Available Keywords: death penalty; capital cases; discrimination litigation; standard of proof; fair trial and equality protection; postconflict justice and transition; Islamic law; Shari’a; international humanitarian law; international human rights law; extremism, political violence, Islamism; freedom of expression; terrorism, extremism, counter-terrorism, counter-extremism; Article 19 International Covenant on Civil and Political Rights; Abuse of rights; Directive 2004/38; Court of Justice of the European Union; Marshall Islands Cases; ICJ; Electronic waste; sustainable development; WTO, GATT, TBT Agreement

  13. Perspectives on "Bakke": Equal Protection, Procedural Fairness, or Structural Justice?

    Science.gov (United States)

    Tribe, Laurence H.

    1979-01-01

    The "Bakke" case is examined for what it has to say regarding first the area of equal protection, then the idea of procedural fairness as distinct from accuracy of result, and finally the notion of structural justice. Available from Harvard Law Review, Harvard Law Review Association, Gannett House, Cambridge, Massachusetts 02138; sc…

  14. Innovations and Changes of Procedure Civil Code, and Maintenance of the Subjectivism Term "Resources Insufficient" for Granting of Justice of Gratuity

    Directory of Open Access Journals (Sweden)

    Juliane Dziubate Krefta

    2016-10-01

    Full Text Available This work is focused on the analysis of Gratuity of Justice as an important mechanism of access to justice. It aims to address the news about the Gratuity of Justice in the current Civil Procedure Code, recently amended by Law nº. 13,105/2015, bringing out important changes that fixed the obsolete Law nº. 1,060/50. Aims to reflect about the requirement for granting the benefit of free justice, namely the lack of resources, and its high degree of subjectivity, emphasizing some positive and negative issues related to it.

  15. Comments on two American justice decisions founded on ALARA

    International Nuclear Information System (INIS)

    Boehler, M.C.

    1996-01-01

    The role of the ALARA principle in the American justice is considered as a very important part of the law in evolution. The first decision called 'James decision' was the case of a worker who received a dose under the dose limit and was agreed in his demand. The second one,'Three Miles Island decision', was to refuse the ALARA principle as a norm because it would consider that the justice is more able to pilot a nuclear power plant than competent authorities. These two examples show that the ALARA principle must stay an operational guide and not a legal norm of precautions susceptible to impose sanctions by justice. (N.C.)

  16. OVERVIEW OF RUSSIAN CIVIL JUSTICE

    Directory of Open Access Journals (Sweden)

    D. Maleshin

    2016-01-01

    Full Text Available Contemporary Russian civil procedure is not a pure Continental model because it also has procedural features of the common law system, as well as some other original and exceptional features. This article examines the main aspects of Russian civil justice: its main principles; judicial organization, including the structure of the courts and the division between courts of general jurisdiction and arbitrazh (commercial courts, and the Intellectual Property Court; sources of procedural law; bar organization; the jurisdiction of the courts; actions and proceedings; legal costs; evidence; administrative procedure; class actions; enforcement proceedings; and arbitration and mediation.

  17. Who Cares about Unions? Ethical Support for Labor as a Matter of Social Justice.

    Science.gov (United States)

    Zweig, Michael

    1994-01-01

    Labor law reform centers on competitiveness considerations rather than ethics. A social justice perspective suggests religious arguments (dignity of work, accountability) and economic arguments (fairness, democracy) for changing labor law. (SK)

  18. Rural Australian women's legal help seeking for intimate partner violence: women intimate partner violence victim survivors' perceptions of criminal justice support services.

    Science.gov (United States)

    Ragusa, Angela T

    2013-03-01

    Intimate partner violence (IPV) is a widespread, ongoing, and complex global social problem, whose victims continue to be largely women. Women often prefer to rely on friends and family for IPV help, yet when informal support is unavailable they remain hesitant to contact formal services, particularly legal support for many reasons. This study applies a sociological lens by framing the IPV and legal help-seeking experiences of rural Australian women gained from 36 in-depth face-to-face interviews as socially contextualized interactions. Findings reveal police and court responses reflect broader social inequalities and rurality exacerbates concerns such as anonymity and lack of service. Cultural differences and power imbalances between survivors and formal support providers are manifested to inform future research seeking to improve survivors' willingness to engage and satisfaction with formal services. Finally, the important role police and the criminal justice system play in de-stigmatizing IPV and legitimating its unacceptability is argued a crucial, yet unrecognized, key to social change.

  19. CONTEMPORARY CHALLENGES IN LATIN AMERICAN ADMINISTRATIVE JUSTICE

    Directory of Open Access Journals (Sweden)

    R. Perlingeiro

    2016-01-01

    Full Text Available This study consists of a critical comparative analysis of the administrative justice systems in eighteen Latin-American signatory countries of the American Convention on Human Rights (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, El Salvador, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Uruguay, and Venezuela. According to this article, the excessive litigation in Latin-American courts that has seriously hampered the effectiveness of the administrative justice systems may be explained as follows: as former Iberian colonies, the aforementioned countries have a Continental European legal culture originating in civil law but nevertheless have improperly integrated certain aspects of the unified judicial system (generalized courts typical of administrative law in common-law countries. This situation, according to the author, could be rectified through strengthening the public administrative authorities with respect to their dispute-resolution and purely executive functions by endowing them with prerogatives to act independently and impartially, oriented by the principle of legality understood in the sense of supremacy of fundamental rights, in light of the doctrine of diffuse conventionality control adopted by the InterAmerican Court of Human Rights.

  20. Apology in the criminal justice setting: evidence for including apology as an additional component in the legal system.

    Science.gov (United States)

    Petrucci, Carrie J

    2002-01-01

    The criminal justice system has reached unprecedented scope in the United States, with over 6.4 million people under some type of supervision. Remedies that have the potential to reduce this number are continually being sought. This article analyzes an innovative strategy currently being reconsidered in criminal justice: the apology. Despite a legal system that only sporadically acknowledges it, evidence for the use of apology is supported by social science research, current criminal justice theories, case law, and empirical studies. Social psychological, sociological and socio-legal studies pinpoint the elements and function of apology, what makes apologies effective, and concerns about apology if it were implemented in the criminal justice system. Theoretical evidence is examined (including restorative justice, therapeutic jurisprudence, crime, shame, and reintegration) to explore the process of apology in the criminal justice context. Attribution theory and social conduct theory are used to explain the apology process specifically for victims and offenders. A brief examination of case law reveals that though apology has no formal place in criminal law, it has surfaced recently under the federal sentencing guidelines. Finally, empirical evidence in criminal justice settings reveals that offenders want to apologize and victims desire an apology. Moreover, by directly addressing the harmful act, apology may be the link to reduced recidivism for offenders, as well as empowerment for victims. This evidence combined suggests that apology is worthy of further study as a potentially valuable addition to the criminal justice process. Copyright 2002 John Wiley & Sons, Ltd.

  1. NGOs : legitimate subjects of international law

    NARCIS (Netherlands)

    Szazi, Eduardo

    2012-01-01

    The manuscript studies NGOs in international law. For that purpose, NGOs were appraised under each of the sources of international law, which, according to authoritative legal doctrine, were listed in article 38 of the Statute of the International Court of Justice. The thesis also addresses the

  2. Seven Theses on Spanish Justice to understand the Prosecution of Judge Garzón

    Directory of Open Access Journals (Sweden)

    Joxerramon Bengoetxea

    2011-12-01

    Full Text Available Judges may not decide cases as they wish, they are subject to the law they are entrusted to apply, a law made by the legislator (heteronomy. But in doing so, they do not take any instruction from any other power or instance (independence or autonomy. Sometimes, they apply the law of the land taking into account the norms and principles of other, international, supranational, even transnational systems. In such cases, again, they perform a delicate balance between autonomy (domestic legal order and domestic culture of legal interpretation and heteronomy (external legal order and culture of interpretation. There are common shared aspects of Justice in the Member States of the EU, but, this contribution explores some, perhaps the most salient, features of Spanish Justice in this wider European context. They are not exclusive to Spain, but they way they combine and interact, and their intensity is quite uniquely Spanish. These are seven theses about Justice in Spain.

  3. The Criminal Justice Experience of African American Cocaine Users in Arkansas.

    Science.gov (United States)

    Zaller, Nickolas; Cheney, Ann M; Curran, Geoffrey M; Booth, Brenda M; Borders, Tyrone F

    2016-10-14

    African Americans are incarcerated at rates much higher than other racial and ethnic groups in the United States. We sought to qualitatively explore the relationships between ongoing involvement in the criminal justice system and continued drug use in a population of urban and rural African American cocaine users in a southern state. Semi-structured qualitative interviews were conducted among African American cocaine users in Arkansas between 2010 and 2012. Participants resided in both rural (two counties located in the eastern Arkansas Mississippi delta region) and urban (the county including the capital city of Little Rock) areas. Numerous important themes emerged from participants' narratives, including chronic involvement with the criminal justice system (being a "career criminal"), continued access to drugs while incarcerated, relapse, and reincarceration and lack of access to effective drug treatment. Conclusion/Importance: The themes which emerged from our data speak to the collective experience that many substance using populations in the United States face in dealing with the criminal justice system. Our findings highlight the need to better, more holistic ways of engaging African American substance users in community based substance use treatment and supportive services.

  4. Criminal Justice Majors' Basic Knowledge of U.S. Constitutional Rights and Pedagogical Implications

    Science.gov (United States)

    Heuer, Janet; Coggins, Porter E.

    2017-01-01

    Criminal justice students preparing at the university level will be required to possess knowledge and understanding of applicable constitutional law, rights and responsibilities upon entering their profession to ensure the competent execution of the duties of which they will be entrusted to perform. Students majoring in the criminal justice field…

  5. “Judge-Only” Justice V. Collaborators: Introduction

    Directory of Open Access Journals (Sweden)

    Maria Cristina Reale

    2011-12-01

    Full Text Available Who and how many are the collaborators of judges? The answer may differ according to the perspective under which Justice is considered. In this introduction, and in the light of the papers submitted in the first session of the workshop, a distinction is proposed between “direct” and “indirect” collaborators of judges, according to the side of Justice observed. If Justice is confined simply to the classical function performed by courts, i.e. deciding cases according to the law, it seems quite obvious to remark that judges never act alone, since they normally benefit from the help of different kinds of assistants who, at different levels, help them in their daily work. But when paying attention to the facet of Justice concerning the concrete enforcement of decision, it becomes inevitable to take into account different categories of subjects involved in the “administration” of justice. Under this second perspective, justice is a matter for everyone: not only judges and prosecutors, but other professionals and bodies, including also Governments and other public institutions, since their decisions concerning, for example, human and material resources assigned to the judicial system have inevitably an impact on Justice considered as a public service. Lastly, the aptitude of the public opinion cannot be ignored: the degree of public satisfaction with the judicial system may influence the demand of justice as well as its material functioning. Accordingly, even common citizens could be seen as a very peculiar sort of “collaborators” of judges.

  6. THE COURT OF JUSTICE OF THE EUROPEAN UNION AND INTERNATIONAL LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    TETYANA KOMAROVA

    2017-01-01

    Full Text Available The author discusses the relationship between two legal orders: international law and European Union (EU law. The main provisions of this relationship have been established through the precedential practice of the Court of Justice of the European Union – the EU’s main judicial body. This kind of research seems important because of the gap in the theory of international law caused by the immutable dogma of the supremacy of international law. However, modern legal practice demonstrates a certain fragmentation of the international legal order because of the impact of the existence and development of regional supranational legal orders. The EU legal order, with its own special nature (sui generis, is undoubtedly one of the most developed among them. The Court of Justice of the European Union performs a crucial role in the EU legal system concerning application and interpretation of EU law. It provides a uniform interpretation of this law for the purposes of development of supranational integration. In this context the Court of Justice the European Union establishes the status of European law and its relationship with the national legal systems and international law. The Court acts as protector of the EU legal order against the influence of other legal orders. The Court’s precedential practice reveals EU law’s tendency towards its constitutionalization and the development of its autonomy. The latest practice indicates the Court’s powers to review the EU institutions’ acts in relation to the implementation of UN Security Council resolutions. This proves the Court’s ability to establish indirect control even over UN acts.

  7. Prospects for creating global justice consensually: suggestions from ...

    African Journals Online (AJOL)

    ... universal norms of good governance is that the political culture dominating the global arena just cannot grasp the basics. Key words: global economic justice, Thomas Nagel, Hobbesian scepticism, indigenous African governance, consensual democracy, international law, transnational corporate social responsibility ...

  8. RECENT CJEU CASE LAW TRENDS IN COMPETITION LAW

    Directory of Open Access Journals (Sweden)

    Virgilijus Valančius

    2017-12-01

    Full Text Available The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU. A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.

  9. 75 FR 14183 - Office of Community Oriented Policing Services; Agency Information Collection Activities...

    Science.gov (United States)

    2010-03-24

    ... information collection under review: COPS' Rural Law Enforcement National Training Assessment. The Department of Justice (DOJ) Office of Community Oriented Policing Services (COPS) will be submitting the... DEPARTMENT OF JUSTICE [OMB Number 1103-NEW] Office of Community Oriented Policing Services; Agency...

  10. Recht ohne Gesetz?: Szenarien der Rechtsprechung bei Homer, Hesiod und Aischylos / Justice without Law? Scenarios of Jurisdiction in Homer, Hesiod and Aeschylus

    Directory of Open Access Journals (Sweden)

    Susanne Gödde

    2015-03-01

    Full Text Available Das griechische Götterpantheon, das im Kern aus den zwölf „Olympischen Göttern“ besteht, die eine Generation von älteren Göttern, die Titanen, abgelöst haben, kennt keine Gottheit, die explizit und ausschließlich als Gottheit der Gerechtigkeit oder des Rechts angesehen wurde. The Greek pantheon, essentially consisting of the twelve „Olympian gods“ who replaced a generation of older gods (the Titans, does not include any divinity that was explicitly and exclusively regarded as a god of justice or of law.

  11. Environmental law

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH) [de

  12. EM NOME DA LEI: DIREITO, ESCRITURA E DESCONSTRUÇÃO IN THE NAME OF THE LAW: LAW, WRITING AND DECONSTRUCTIONES

    Directory of Open Access Journals (Sweden)

    DANIEL GOMES MACHADO

    2012-12-01

    Full Text Available Resumo: Na medida em que se impõe ao pensamento, a desconstrução pode ser vista como uma lei, a Lei mesma. A desconstrução do direito implica em situá-lo no contexto da escritura, para enxergar sua submissão à différance, ao jogo de remetimentos da linguagem. A lei da desconstrução atua na desconstrução da lei, revelando aporias e fragilidades da ordem jurídica, bem como dos conceitos tradicionais de direito natural e direitos humanos. A desconstrução do direito faz emergir a justiça como indecidibilidade, o dever de decidir pelo justo, mesmo quando não se pode afirmar pela presença da justiça. Direito, escritura e desconstrução convergem, enfim, na noção de uma hospitalidade sem restrições.Abstract: Since it is imposed to thinking, deconstruction can be seen as a law, the Law itself. Deconstruction of law is to put it in the context of writing, to notice its submission to the différance, to the play in the language. The law of deconstruction acts in the deconstruction of law, revealing paradoxes and fragilities of juridical order, as well as concepts of natural law and human rights. Finally, deconstruction of law brings with it justice as undecidability, such as the obligation to make fair decisions, even when it is not possible to state the presence of justice. Law, writing and deconstruction converge then to justice, understood as the hospitality.

  13. Dismantling the Justice Silos: avoiding the pitfalls and reaping the benefits of information-sharing between forensic science, medicine and law.

    Science.gov (United States)

    Kelty, Sally F; Julian, Roberta; Ross, Alastair

    2013-07-10

    Forensic science is increasingly relied on by police and the courts to exonerate the innocent and to establish links to crime. With this increased reliance the potential for unjust outcomes increases, especially in serious matters for two reasons. The more serious the matter, the more likely that evidence mishandling can lead to wrongful imprisonment, and the more likely the personnel involved will be multi-disciplinary (police, medicine, law, forensic science), and multi-organisational (Health, Justice, private legal/medical, police). The importance of identifying effective multi-organisational interactions was highlighted in the recent wrongful imprisonment of an Australian male for a sexual assault he did not commit. One factor that led to this unjust outcome was the justice silo effect: where forensic practitioners from different agencies operate in isolation (rarely communicating or sharing information/knowledge). In this paper we discuss findings from the Interfaces Project designed to assess the extent of the justice silos within Australia. We interviewed 103 police, forensic scientists, lawyers, judges, coroners, pathologists and forensic physicians Australian-wide. Five main themes were identified in the data: the silo effect was only partial and in each jurisdiction some form of inter-agency communication was actively occurring; inter-agency meetings were more common in homicide than sexual assault cases; forensic physicians were semi-invisible; there had been considerable momentum over the past ten years for practice improvement groups, and; practitioners gain more benefits than pitfalls from inter-agency information-sharing. Based on these findings, five recommendations are made for improving practice. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.

  14. Northern Ireland in Transition: The Role of Justice

    Directory of Open Access Journals (Sweden)

    Christian Mailhes

    2005-03-01

    Full Text Available All post-conflict societies switching to constitutional liberal democracies have to deal with their past through transitional justice mechanisms that offer to hear the victims, try the perpetrators of all types of abuses, introduce peace and reconciliation schemes. It is time for state and non-state organs to account for past crimes. Several countries have successfully tested such mechanisms. Northern Ireland is the ideal ground for transitional justice to operate but it dispels foreign tailor-made models. However, a number of major reforms and projects have addressed sensitive issues in the wake of the Good Friday Agreement. Two key institutions, the police and the criminal justice system, whose responsibility in the conflict was undeniable, have been reformed. Law and lawyers are concerned with these changes and the introduction of a Human Rights culture in Northern Ireland. A clear break with the past must be achieved for transitional justice mechanisms to work successfully.

  15. Women and the Justice System in Cambodia | IDRC - International ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Although laws have been promulgated to protect the rights of women, ... to justice in the formal and traditional systems, with respect to serious criminal offences ... Special journal issue highlights IDRC-supported findings on women's paid work.

  16. Migration, Gender and Social Justice : Connecting Research and ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Migration, Gender and Social Justice : Connecting Research and Practice Networks. Gender equality in migration as a policy objective requires an understanding of the ... Claiming migrants' rights in Costa Rica through constitutional law. Dossiers. Protecting rights and reducing stigma against Vietnamese women married ...

  17. Law Enforcement School Programs. Fact Sheet

    Science.gov (United States)

    Arkansas Safe Schools Initiative Division, 2010

    2010-01-01

    The school shooting incidents during the decade of the 1990's prompted an increase of law enforcement presence in schools. The School Violence Resource Center (SVRC) at the Criminal Justice Institute (CJI) University of Arkansas System undertook a project to determine what programs law enforcement agencies currently provide in their local schools…

  18. 76 FR 4369 - Special Law Enforcement Commissions

    Science.gov (United States)

    2011-01-25

    ...This notice announces the online publication of the Interim Special Law Enforcement Commission Policy, Rules and Procedures, the Interim Special Law Enforcement Commission Protocols and the Interim Domestic Violence Waiver that will be used by the Office of Justice Services following passage of the Tribal Law and Order Act of 2010. The documents are published on the Indian Affairs Web site.

  19. Access to Justice for Persons with Disabilities: An Emerging Strategy

    Directory of Open Access Journals (Sweden)

    David Allen Larson

    2014-05-01

    Full Text Available Persons with disabilities often find themselves marginalized by society and by our justice systems. We can improve access to justice by training better advocates. Advocates not only must be knowledgeable concerning relevant laws and regulations, but also must be able to interact effectively on a personal, professional level with persons who have disabilities. We also want to make certain that persons with disabilities have the opportunity to learn to advocate for themselves and for other persons with disabilities. Technologies are available that can help us accomplish these goals. This article provides a brief survey of legal protections (and gaps in such protection for persons with disabilities. Successful advocate training programs from around the world are identified and described. The article provides examples of how technology is being used to support these efforts and provides suggestions regarding additional ways in which technology could be employed. Law schools around the world have begun to embrace the goal of better advocacy, but improving access will require well-prepared advocates to answer the call. Training advocates to provide services to a population that may have significantly different needs even within that population may be a more efficient and effective way to improve access to justice than by attempting to draft laws and regulations that somehow address all possible circumstances.

  20. Violence or law

    International Nuclear Information System (INIS)

    Kimminich, O.; Troendle, H.; Middendorff, W.; Flor, G.; Guenzler, C.; Boehme, W.

    1982-01-01

    Bloody demonstrations, occupations of houses and airports, violence against things and persons make the citizens feel that the protection of life and property is no longer in a good state in the F.R. of Germany. How can a further erosion of the sense of justice be met. What can the citizens do to strengthen the sense of justice and to help making the respect of law grow again as a condition for the peaceful coexistence of people. The contributions from a meeting of the Evangelische Akademie Bad Herrenalb deal with these problems. (orig./HP) [de

  1. Environmental law and climate change : Volumes I & II

    NARCIS (Netherlands)

    Verschuuren, Jonathan

    Two volume set that brings together 54 of the most influential and important scientific journal articles in the field of climate law, thematically grouped together as follows: introducing climate law, theories and approaches, climate change mitigation, climate change adaptation, climate justice,

  2. THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2011-04-01

    Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

  3. Predictors of justice system involvement: Maltreatment and education.

    Science.gov (United States)

    Robertson, Angela A; Walker, Courtney S

    2018-02-01

    Decades of research have established that experience of abuse and/or neglect in childhood is related to negative outcomes, such as juvenile delinquency. Existing research has shown that involvement in child welfare services is also related to juvenile delinquency, particularly for children who are victims of neglect. Research has also identified educational factors such as chronic absenteeism as significant predictors of involvement in the juvenile justice system. However, little research has investigated the combined influence of educational factors, child abuse, and involvement in child protective services on justice system involvement. The current study examined the influence of educational factors and involvement in child protective services on justice system involvement. The study utilized records from an educational database of children who attended a school within a county of Mississippi in any year from 2003 through 2013. Cases were then matched with records from the county Youth Court, Law Enforcement agencies, and Child Protection Services. A multivariate logistic regression controlling for gender, race, current age, and time at risk was conducted to involvement in the justice system. In general, educational factors were stronger predictors of justice system involvement than allegations of maltreatment. Copyright © 2017 Elsevier Ltd. All rights reserved.

  4. Constitutional Foundations and Constitutionalization of IP Law - A Tale of Different Stories?

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2015-01-01

    This article first describes how a ‘constitutionalization’ of IPR has taken place in the case law of the Court of Justice of the European Union. It then reflects on the impact of this development. It is argued that the full effect of the constitutionlization will manifest itself in the years to c...... of law (competition law).......This article first describes how a ‘constitutionalization’ of IPR has taken place in the case law of the Court of Justice of the European Union. It then reflects on the impact of this development. It is argued that the full effect of the constitutionlization will manifest itself in the years...

  5. The Delinquencies of Juvenile Law: A Natural Law Analysis

    Directory of Open Access Journals (Sweden)

    Ellis Washington

    2010-07-01

    Full Text Available This article is a substantive analysis tracing the legal, philosophical, social, historical, jurisprudence and political backgrounds of juvenile law, which is an outgrowth of the so-calledProgressive movement - a popular social and political movement of the late nineteenth and early twentieth century. I also trace how this socio-political cause célèbre became a fixture in Americanculture and society due to existential child labor abuses which progressive intellectuals used as a pretext to codify juvenile law in federal law and in statutory law in all 50 states by 1925. Moreover the dubious social science and Machiavellian political efforts that created the juvenile justice system out of whole cloth has done much more harm to the Constitution and to the children it was mandated to protect than any of the Progressive ideas initially envisioned rooted in Positive Law (separation of law and morals. Finally, I present am impassioned argument for congressional repeal of all juvenile case law and statutes because they are rooted in Positive Law, contrary to Natural Law (integration of law and morals, the original intent of the constitutional Framers and are therefore patently unconstitutional.

  6. Interrogating the justice system in a multi-ethnic state: a study of ...

    African Journals Online (AJOL)

    Law is a major instrument of maintaining cohesion in any given society. Its formulation, codification or unification as well as interpretation are major factors in determining the credibility of the criminal justice system and the level of legal conformity. The letter and spirit of the law are defeated when its formation, modulations, ...

  7. Access to Justice in South Africa: Are there Enough Lawyers?

    OpenAIRE

    David Mcquoid-Mason

    2013-01-01

    This paper addresses head on the contention by a prominent legal practitioner in South Africa that there are too many lawyers in the country. It does not canvass the complex issues involved in determining the meaning of access to justice or the relationship between law and society in the context of legal services, and deals with access to justice in the narrow sense of the delivery of legal services in South Africa. The paper analyses the evidence presented to substantiate the contention that...

  8. Reformations in Zimbabwe's juvenile justice system | Ruparanganda ...

    African Journals Online (AJOL)

    Children in conflict with the law are often stigmatized and shunned by society as they are perceived as a threat to society. Historically, Zimbabwe's juvenile justice system has been retributive and focused on punishing the juvenile offender. As a result, it has been criticised from a number of viewpoints, including the need to ...

  9. EUROPEAN UNION SUPPORT AND TRANSITIONAL JUSTICE PROCESSES IN KOSOVO

    Directory of Open Access Journals (Sweden)

    Remzije Istrefi

    2017-12-01

    Full Text Available The legacy of systematic human rights violations committed during 1999 violent conflict and the previous repressive rule still impact the everyday life of Kosovo citizens. That is why transitional justice processes are a necessary component in Kosovo’s state building efforts. With the end of the 1999 conflict, Kosovo has been administered by the United Nations Mission in Kosovo (UNMIK and also supported by European Union (EU presences: the EU Special Representative in Kosovo, and European Union Rule of Law Mission known as EULEX. In the course of implementation of their mandates transitional justice processes were not a priority for UNMIK and EU presences. With the signing of the Stabilization and Association Agreement (SAA the EU made transitional justice part of the Kosovo accession demands. In December 2015, the Government of Kosovo approved its National Action Plan for the Implementation of the Stabilization and Association Agreement (NAPISAA. The General Principles of the SAA, included within the NAPISAA oblige Kosovo Government to approve a National Transitional Justice Strategy. This paper analyses EU peace and institution-building support and their impact in transitional justice processes in Kosovo. Through analysing the mandate and actions on the ground it draws conclusions if EU is an active participant in transitional justice process in Kosovo or transitional justice policies are promoted by EU only as part of its enlargement strategy. Finally, the paper gives recommendations as a basis for future elaboration of an EU approach to transitional justice.

  10. Environmental law in change

    International Nuclear Information System (INIS)

    Mayer-Tasch, P.C.

    1978-01-01

    This study describes the process of change of environmental protection law taking place during an ecological crisis and unter the increasing pressure of the ecological movement. Special analyses refer to the reform of the licensing procedures and prodecures of dispute under environmental protection law today being in the focus of juridical discussion. Furthermore they refer to the juridical implementation of the fundamental right of life in an unspoiled and healthy environment. The volume ends with a study on ''Nuclear energy, law and justice'', - a subject being topical and important for its broad political consequences on environment, energy and economy. (orig.) [de

  11. Forgiveness in Criminal Law through Incorporating Restorative Mediation

    NARCIS (Netherlands)

    Claessen, Jacques

    2017-01-01

    In this monograph, the author argues for the integration of the concept of forgiveness into criminal law through incorporating restorative justice practices such as victim-offender mediation. Although forgiveness is not a purpose in itself nor can it be enforced, criminal law should provide room for

  12. Theorizing Time in Abortion Law and Human Rights.

    Science.gov (United States)

    Erdman, Joanna N

    2017-06-01

    The legal regulation of abortion by gestational age, or length of pregnancy, is a relatively undertheorized dimension of abortion and human rights. Yet struggles over time in abortion law, and its competing representations and meanings, are ultimately struggles over ethical and political values, authority and power, the very stakes that human rights on abortion engage. This article focuses on three struggles over time in abortion and human rights law: those related to morality, health, and justice. With respect to morality, the article concludes that collective faith and trust should be placed in the moral judgment of those most affected by the passage of time in pregnancy and by later abortion-pregnant women. With respect to health, abortion law as health regulation should be evidence-based to counter the stigma of later abortion, which leads to overregulation and access barriers. With respect to justice, in recognizing that there will always be a need for abortion services later in pregnancy, such services should be safe, legal, and accessible without hardship or risk. At the same time, justice must address the structural conditions of women's capacity to make timely decisions about abortion, and to access abortion services early in pregnancy.

  13. Restorative Justice and the South African Truth and Reconciliation Process

    DEFF Research Database (Denmark)

    Gade, Christian B.N.

    2013-01-01

    It has frequently been argued that the post-apartheid Truth and Reconciliation Commission (TRC) was committed to restorative justice (RJ), and that RJ has deep historical roots in African indigenous cultures by virtue of its congruence both with ubuntu and with African indigenous justice systems......, when the South African Law Commission published an Issue Paper dealing with RJ. Furthermore, I show that neither the connection between RJ and ubuntu nor the connection between RJ and AIJS is as straightforward and unproblematic as often assumed....

  14. Justice and Immigration: The Effect of Moral Exclusion

    Directory of Open Access Journals (Sweden)

    Stefano Passini

    2018-02-01

    Full Text Available Numerous media news items suggest on a daily basis that people tend to use harsher criteria when they judge immigrants than members of their own in-group. In the present research project, we were interested in studying individual justice judgments of a violation of a law by an Italian (in-group or an immigrant (out-group member and the influence of moral exclusion processes on the assessment. In particular, we examined whether those people who tend to exclude out-groups from their scope of justice will give such biased judgments and will adopt double standards, while inclusive people will not. A total of 255 people evaluated the seriousness of a crime in two different law-breaking scenarios in which the offender’s and the victim’s nationalities were systematically changed (either Italian or Romanian. Moreover, participants completed a scale measuring the moral inclusion/exclusion of other social groups. As hypothesized, participants who tended to exclude some groups from their moral community judged the Romanian more harshly than the Italian culprit. On the contrary, those people that tended to have a more inclusive moral community did not show any difference in evaluation. In conclusion, the present research highlights the importance of considering the effect of moral inclusion/exclusion processes on the evaluation of justice events, especially in an intergroup context.

  15. the search for environmental justice in the niger delta and corporate

    African Journals Online (AJOL)

    OLAWUYI

    Keywords: Environmental Justice, Niger Delta, Corporate Accountability, Torts, kiobel .... U.S. Courts to Victims of Corporate Human Rights Abuses', 146 Columbia ... 7 Amokaye O.G., Environmental Law and Practice in Nigeria (Lagos, Unilag ...

  16. To What Extent Should the Criminal Justice System Be a "System"?

    Science.gov (United States)

    Forst, Martin L.

    1977-01-01

    This article examines recent criticism of the current criminal justice system which characterizes it as a "nonsystem" because its three main components--law enforcement, courts, and correction--are often poorly managed and inefficient. (Author)

  17. From a Pluralism of Grounds to Proto-Legal Relations: Accounting for the Grounds of Obligations of Justice

    Czech Academy of Sciences Publication Activity Database

    Pavlakos, George

    2017-01-01

    Roč. 30, č. 1 (2017), s. 59-74 ISSN 1467-9337 R&D Projects: GA ČR GA15-23955S Institutional support: RVO:68378122 Keywords : responsibility of justice * pluralism * obligation of justice * Mathias Risse Subject RIV: AG - Legal Sciences OBOR OECD: Law

  18. Intuition beyond the law of the state

    Directory of Open Access Journals (Sweden)

    Stephen Connelly

    2011-04-01

    Full Text Available This article examines one aspect of the possible influence of Aristotle on Spinoza's thinking of state laws and their limitations.  In the Nicomachean Ethics, the Stagirite sets out a theory of the just city based on appropriate geometrical proportioning of justice, but then proposes the hypothesis of the most excellent man: someone so virtuous that they cannot be bound by the city's laws and so must be banished or elevated to monarch.  The article investigates how Spinoza's own conceptions of geometry and metaphysics inform his view of justice and laws in the city.  It indicates how, in continuing to posit the virtuous as someone both with a higher form of cognition of law, but who must nevertheless live in the city, Spinoza is likely to have been confronted with Aristotle's 'problem of excellence'.  The article examines Spinoza's initial and strikingly modern solution to the problem, but also indicates how Spinoza's own thinking on metaphysics and genetic geometry pushes him beyond this 'answer' in his later political work.

  19. Entering the Forbidden Zone: the World Bank, Criminal Justice Reform and the Political Prohibition Clause

    NARCIS (Netherlands)

    Janse, R.

    2013-01-01

    Over the past 7 years or so, the World Bank has expanded its rule of law agenda by moving into the area of criminal justice reform. This turn to criminal justice reform, however obvious it may be from a development perspective, was — and still is — a controversial step. This is because the World

  20. Free Blacks and Coloreds and the Administration of Justice in Eighteenth-Century Curaçao

    Directory of Open Access Journals (Sweden)

    Han Jordaan

    2010-07-01

    Full Text Available Two case studies show the daily practice of justice regarding free Blacks and Coloreds in Curacao and the functioning of the early modern Dutch legal system pertaining to colonial and slavery-related matters. According to the author, both cases reveal that the application of the law, when free non-Whites were involved, was apparently open to interpretation and that there was a divergence in this respect between the colony and the metropole. Author assesses this conflict between the theory of the law and the practice of the administration of justice in the colonies.

  1. The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism

    Directory of Open Access Journals (Sweden)

    Gerrit Ferreira

    2014-11-01

    Full Text Available Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

  2. 76 FR 27355 - Law Enforcement Vehicular Digital Multimedia Evidence Recording System Selection and Application...

    Science.gov (United States)

    2011-05-11

    ...In an effort to obtain comments from interested parties, the U.S. Department of Justice, Office of Justice Programs, National Institute of Justice (NIJ) will make available, to the general public, the ``Law Enforcement Vehicular Digital Multimedia Evidence Recording System Selection and Application Guide.'' The opportunity to provide comments on these documents is open to industry technical representatives, law enforcement agencies and organizations, research, development and scientific communities, and all other stakeholders and interested parties. Those individuals wishing to obtain and provide comments on the draft documents under consideration are directed to the following Web site: http:// www.justnet.org.

  3. 75 FR 78269 - Vehicular Digital Multimedia Evidence Recording System (VDMERS) Standard for Law Enforcement

    Science.gov (United States)

    2010-12-15

    ...In an effort to obtain comments from interested parties, the U.S. Department of Justice, Office of Justice Programs, National Institute of Justice (NIJ) will make available to the general public the draft ``Vehicular Digital Multimedia Evidence Recording System Standard for Law Enforcement.'' The opportunity to provide comments on this voluntary standard is open to industry technical representatives, law enforcement agencies and organizations, research, development and scientific communities, and all other stakeholders and interested parties. Those individuals wishing to obtain and provide comments on the draft standard under consideration are directed to the following Web site: http://www.justnet.org.

  4. Regulating traditional justice in South Africa: a comparative analysis ...

    African Journals Online (AJOL)

    Without a reconsideration of the issues, the Bill will still be met with criticism even from those it is meant to regulate, and could potentially result in various constitutional challenges and litigations. KEYWORDS: Traditional Courts Bill; traditional justice systems; customary law; ascertainment; legal representation; hierarchy of ...

  5. Transitional Justice as Elite Justice? Compromise Justice and Transition in Tunisia

    NARCIS (Netherlands)

    Lamont, Christopher; Pannwitz, Hannah

    2016-01-01

    This article reflects upon the ways in which transitional justice debates and processes impacted Tunisia's transition. It explores key questions such as what demands for justice emerged in the aftermath of the Tunisian revolution? Did Tunisia's transitional justice process reflect these demands?

  6. 75 FR 22162 - Draft NIJ Duty Holster Retention Standard for Law Enforcement

    Science.gov (United States)

    2010-04-27

    ...In an effort to obtain comments from interested parties, the U.S. Department of Justice, Office of Justice Programs, National Institute of Justice will make available to the general public two draft documents: (1) A draft standard entitled, ``NIJ Duty Holster Retention Standard for Law Enforcement'' and (2) a draft companion document entitled, ``NIJ Duty Holster Retention Certification Program Requirements.'' The opportunity to provide comments on these two documents is open to industry technical representatives, law enforcement agencies and organizations, research, development and scientific communities, and all other stakeholders and interested parties. Those individuals wishing to obtain and provide comments on the draft documents under consideration are directed to the following Web site: http://www.justnet.org.

  7. Sexual specificity, rape law reform and the feminist quest for justice ...

    African Journals Online (AJOL)

    The few possible advantages of a gender neutral approach to rape are offset by a series of disadvantages regarding gender justice when viewed from a feminist perspective. Formal gender neutrality does not safeguard against the effective influence of pervasive and enduring symbolic constructions pertaining to male and ...

  8. Rural Districts Left Behind? Rural Districts and the Challenges of Administering the Elementary and Secondary Education Act

    Science.gov (United States)

    Yettick, Holly; Baker, Robin; Wickersham, Mary; Hupfeld, Kelly

    2014-01-01

    The purpose of this study was to inform the upcoming and overdue reauthorization of the Elementary and Secondary Education Act (ESEA) by exploring whether rural school districts face disadvantages as they attempt to follow the law's provisions and, if so, if the law's rural-specific section ameliorates these disadvantages. The research drew upon…

  9. Ending Sexual Violence Through Transformative Justice

    Directory of Open Access Journals (Sweden)

    Judith Armatta

    2018-02-01

    Full Text Available Sexual violence is used to maintain what Dr. Riane Eisler (1990 conceptualizes as the dominator model of society. The early days of the feminist anti-violence movement focused on changing the dominator model, but, in part, this focus was co-opted by seeking criminal justice solutions, contributing to punitive responses and mass incarceration that have been ineffective in ending sexual violence. The racist history of the rape charge and its disproportionate effect on people of color, an effect that continues today. Legislators have passed draconian laws that uniquely apply to anyone convicted of a sex offense, the definition of which has been broadened to encompass harmless behavior. A separate legal regime for sex offenders that isolates them from society and marks them for life as monsters obfuscates the causes of sexual violence and contributes to the problem. The feminist anti-violence movement remains influential, though little recognized, in today’s efforts to respond to sexual violence through restorative justice and transformative justice. A number of groups have adopted the RJ/TJ model, in particular women of color. The article provides examples of successful and unsuccessful implementation of RJ/TJ and discusses impediments to wider adoption of this approach. RJ/TJ is a promising alternative to the current criminal justice response to sexual assault, one that will bring us closer to a partnership culture.

  10. Jurisprudence by the European Court of Justice in the field of environment protection

    International Nuclear Information System (INIS)

    Lenz, C.O.

    1993-01-01

    The lecture gives a detailed overview of the jurisprudence by the European Court of Justice, especially of the legal and contractual basis of environment protection. It deals with the distribution of responsibilities, jurisprudence on water protection, clean air presevation, and disposal law. From a global viewpoint, the European Court of Justice can only give impulses, the implementation of concrete measures being the task of the politicians. (HSCH) [de

  11. Skepticism of the Western System on Justice

    Directory of Open Access Journals (Sweden)

    Noor Farihah Mohd Noor

    2013-06-01

    Full Text Available Justice is an elusive concept; it is controversial,yet very important to mankind. This paper seeks to explain the challenges found in the work of justice and to explore justice as defined by the West and by Islam. The findings show that there is stark difference especially in the philosophical aspect in how justice is interpreted and applied from the viewpoint of the West and Islam. Findings also show that Islamic approach to justice is more durable and dynamic as theguidance is deeply entrenched in the divine revelation of the Holy Quran; since no human being has the ability of creating, being by nature, fallible and as such produces excellent impact. The impact of justice in Islam can be seen from the Islamic history itself. Unfortunately, since the world has been dominated by the secularsystem; divine law has slowly been rejected and has been taken as irrelevant and backdated. The researcher also seeks to show why Muslims fail despite of the existence of rich and forceful Islamic ways. In order to overcome the setback, the researcher proposes some reforms for Muslims to return to its original state of Islam that encourages just and good governance. This finding is important as it can provide insights to the government as tools in combating acts ofinjustice more consistently and forcefully. As injustice is an endemic and the main reason for the collapse of society, this discussion attempts to show that Islamic idea of justice is actuallyable to solve all problems no matter how big the scale is. The positive and incredible impact not only will be enjoyed by the ruler and the governed, but also by the whole nation, Muslims and non-Muslims alike.

  12. Multilingualism as a Principle of the EU Court of Justice

    Directory of Open Access Journals (Sweden)

    Karina Kh. Rekosh

    2014-01-01

    Full Text Available Since the jurisprudence reflects relations between the institutions, bodies and organizations of the EU and native speakers, the EU Court of Justice plays a huge role in shaping the legal discourse. Relations between the EU and citizens show the effectiveness of the principle of multilingualism, that is apparent before the Court. The enlargement of the Union to 28 member States and, accordingly, the increase of the number of official languages to 24 complicate the implementation of the principle of multilingualism and create many problems for the EU Court of Justice: legal, linguistic, budget, translation. All documents of the Court are not translated into 24 EU official languages completely and often limited to summaries. All documents are translated only into French and proceeding languages, for the scale of the translation work have a direct impact on the timing of legal proceedings. To provide help in written translations, much work is carried out in the Court on drawing up dictionaries, thesauri, where multilingualism is fully manifested. On the use of languages and language regime, There is an extensive legal practice, however, the term «multilingualism» is not used by the Court, despite the recognition of the principle of equality of all official languages, perhaps, due to the fact that the Court itself not always follows it. The article shows that multilingualism as a legal concept and principle opens up, sometimes adjacent to the already distinguished objects of regulation, new areas of legal research. Comparison of legal solutions to the problems of multilingualism in different states with a variety of languages, law and order, or in international organizations, lays basis of "comparative linguistic law" Now in the doctrine of law of the European Union neither the linguistic law, nor the comparative linguistic law do not exist, but to provide cooperation in the field of justice and mutual recognition of judicial decisions on the

  13. Justice blocks and predictability of U.S. Supreme Court votes.

    Directory of Open Access Journals (Sweden)

    Roger Guimerà

    Full Text Available Successful attempts to predict judges' votes shed light into how legal decisions are made and, ultimately, into the behavior and evolution of the judiciary. Here, we investigate to what extent it is possible to make predictions of a justice's vote based on the other justices' votes in the same case. For our predictions, we use models and methods that have been developed to uncover hidden associations between actors in complex social networks. We show that these methods are more accurate at predicting justice's votes than forecasts made by legal experts and by algorithms that take into consideration the content of the cases. We argue that, within our framework, high predictability is a quantitative proxy for stable justice (and case blocks, which probably reflect stable a priori attitudes toward the law. We find that U.S. Supreme Court justice votes are more predictable than one would expect from an ideal court composed of perfectly independent justices. Deviations from ideal behavior are most apparent in divided 5-4 decisions, where justice blocks seem to be most stable. Moreover, we find evidence that justice predictability decreased during the 50-year period spanning from the Warren Court to the Rehnquist Court, and that aggregate court predictability has been significantly lower during Democratic presidencies. More broadly, our results show that it is possible to use methods developed for the analysis of complex social networks to quantitatively investigate historical questions related to political decision-making.

  14. Editors' Introduction: Justice, Rights, Literature

    Directory of Open Access Journals (Sweden)

    Joxerramon Bengoetxea

    2014-12-01

    Full Text Available The articles gathered in this issue are the result of papers presented at the workshop held at the Oñati International Institute for the Sociology of Law on 20-21 May 2013 on Perspectives of Justice in Literature: Perspectives from Justice and Fundamental Rights in Literature: an Approach from Legal Culture in a European context. Literature and literary fiction can act as a thread that helps different disciplines to communicate with each other and can thus help go beyond the strictly legal field opening up to questions of justice and rights. These papers deal with issues of justice - mainly Fundamental Rights, but also procedural aspects of justice and its administration, philosophical perspectives of justice - and of legal culture - local, European, Universal - as reflected through and by literature. Los artículos que conforman este número son el resultado de las ponencias presentadas en el workshop celebrado en el Instituto Internacional de Sociología Jurídica de Oñati el 20 y 21 mayo de 2013 sobre las perspectivas de la justicia en la literatura: Perspectivas desde la Justicia y los Derechos Fundamentales en la Literatura: un Enfoque de Cultura Jurídica en el Contexto Europeo. La literatura y la ficción literaria pueden ser un hilo que favorece que diferentes disciplinas se comuniquen entre sí y pueden de esta forma ayudar a ir más allá del campo jurídico estricto, planteando cuestiones sobre justicia y derechos. Estos artículos tratan sobre aspectos de la justicia (principalmente derechos fundamentales, pero también sobre procedimiento judicial y administración de la justicia, perspectivas filosóficas de la justicia y de cultura jurídica (local, europea, universal, de la forma en la que se han reflejado en la literatura.DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2543450

  15. Juvenile justice in cameroon 50 years after independence ; what ...

    African Journals Online (AJOL)

    AZERTY

    justice in criminal matters. 6. The above ... For a fine understanding of the above laws, see Mukete "Rights of the Juvenile ...... appointment and duration of office, protection from external influences and the appearance of ..... education, lack of opportunities, media violence, poverty, divorce, child abuse, and other similar ...

  16. The Direct Applicability of SADC Community Law in South Africa and Zimbabwe: A Call for Supranationality and the Uniform Application of SADC Community Law

    Directory of Open Access Journals (Sweden)

    Retselisitsoe Phooko

    2018-03-01

    Full Text Available The Southern African Development Community Tribunal (SADC Tribunal became operational in 1992 and delivered several judgments against Zimbabwe. Some of those decisions are yet to be enforced. The attempt to enforce them contributed to the demise of the SADC Tribunal. This was due to the existence of various approaches to the reception of community law into domestic law. The tension between community law and domestic law, international law and domestic law, and community law and international law is as old as the hills. The monist and dualist theories of international law assist in attempting to clarify the nature of the relationship between international law and municipal law, but there is no guidance when it comes to community law and national law. This paper will explore how the SADC Community law can be applied uniformly by South Africa, Zimbabwe and all other SADC member states. This will be done by looking at decided cases with specific reference to South Africa and Zimbabwe. In order to establish the best practices in other jurisdictions, reference will be made to the East African Court of Justice, the European Union (EU and the European Court of Justice (ECJ. The discourse will conclude by advocating the adoption of a revised Protocol on the SADC Tribunal in order to clarify the nature of the relationship between the SADC Community law and the domestic laws of SADC member states.

  17. Nuclear power use backed by EURATOM law. European Court of Justice ruling points the way ahead in cross-border litigation

    International Nuclear Information System (INIS)

    Schneider, Horst

    2010-01-01

    The Europeanization of nuclear safety has become highly evident with the adoption of the EURATOM Safety Directive of June 25, 2009. It will remain in the focus of public attention because its transposition into national law is to be completed by July 22, 2011. The subject of nuclear safety is treated also by the European Court of Justice (ECJ). The Court's rulings may even set the courses of events. It is not only EURATOM rules and regulations and secondary European law in the format of directives which are up for review, but also more extensive principles of European law. The main sources of dispute are the different nuclear energy policies and non-uniform safety regulations of member states. Cross-border events again and again trigger such disputes. One such constellation constitutes the background to the latest ECJ ruling of October 27, 2009 about nuclear safety and radiation protection. Action before an Austrian court was brought against a nuclear power plant situated in the Czech Republic and licensed by Czech authorities. Cessation of emissions of hazardous ionizing radiation by that plant and, thus, ultimately shutdown of that plant were demanded. The special feature of the case is the fact that the action was filed with an Austrian (civil) court and heard there. As the ECJ had commented in 2006 on a procedural question before legal proceedings were started, the issue at stake now was the right to bring action out of Austria against the nuclear power plant licensed in the Czech Republic. In Austrian law, there is no such right of cessation with respect to plants licensed in Austria, but only a right to claim damages. Against this background some thoughts are expressed about, and forecasts attempted of, European nuclear and radiation protection law. In this assessment, the difficult, multifaceted issues of European law rank second to the explanations of practical consequences for the development of nuclear power in EU member states. (orig.)

  18. International Law and the Society of Nations: An Introduction to Public International Law in the 1990s. Cases and Materials.

    Science.gov (United States)

    King, Jason Scott, Ed.; Scurti, Jason, Ed.; And Others

    This casebook on international law was developed by high school students around the globe and emphasizes the important role that students can play in furthering international law education. The text provides teachers and students with a summary review of 25 major cases heard by the International Court of Justice, along with additional materials.…

  19. Executive impunity and parallel justice? The United Kingdom debate on secret inquests and inquiries.

    Science.gov (United States)

    Bray, Rebecca Scott

    2012-03-01

    At the beginning of 2008, the United Kingdom Government rolled into the Counter-Terrorism Bill some controversial proposals to reform coronial inquest processes, namely clauses that would provide for "secret inquests". The provisions were heavily criticised both inside and outside Parliament, and took a rocky passage through both the House of Commons and the House of Lords before eventually being abandoned by the government. In 2009 the government again tried to introduce "secret inquests" with the Coroners and Justice Bill, instead ultimately succeeding in establishing what critics have termed a "parallel" system of justice through provisions around "secret inquiries". This move has been seen as subverting the principles of transparency and open justice in the investigation of contentious deaths. This article examines the government's efforts to introduce "secret inquests" and thereafter "secret inquiries" in the context of the United Kingdom's coronial law and purpose, human rights obligations and the ongoing issues around sensitive intelligence, and examines the clash of laws that gave rise to the controversial proposals.

  20. Protecting Children Rights under International Criminal Justice

    Directory of Open Access Journals (Sweden)

    Erinda Duraj (Male

    2015-03-01

    Full Text Available Children are a central concern of international criminal justice. International crimes and other forms of violence and the abuse of children are disturbing daily realities in today’s world. Children and young persons are increasingly being targeted for the purposes of murder, rape, abduction, mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Sierra Leone, the Democratic Republic of Congo, Rwanda, Colombia, and many others illustrate this. The participation of children in international criminal justice and other accountability mechanisms is now one of the major issues facing criminal justice today. In this sense, this paper presents a short overview on the issue of children and their participation in international criminal justice. The paper thus focuses on giving a definition of “child/children” according to international norms, which are the key principles of children’s rights, their participation in the criminal justice system, the different international crimes committed by them or against them etc. Also, this paper briefly addresses the main contours of the normative framework regarding the criminal responsibility of children for their alleged participation in international crimes. It reviews international norms regarding children who may be accused of having participated in the commission of such crimes themselves (as child soldiers and identifies their criminal responsibility for such acts. Finally, this paper acknowledges the obligations of states under international law to prosecute persons accused of genocide, war crimes, crimes against humanity, torture and enforced disappearances, specifically focusing on crimes against children.

  1. Environmental Justice: A Panoptic Overview Using Scientometrics

    Directory of Open Access Journals (Sweden)

    Jake R. Nelson

    2018-03-01

    Full Text Available Since its initial introduction in the 1970s, the field of environmental justice (EJ continues to grow, with significant contributions from the disciplines of sustainability science, geography, political science, public policy and administration, urban planning, law, and many others. Each of these disciplines approach EJ research from slightly different perspectives, but all offer unique and valuable insight to the EJ knowledge domain. Although the interdisciplinary nature of environmental justice should be viewed as a strength, it presents a challenge when attempting to both summarize and synthesize key contributions to the field, due to disciplinary bias, narrow subfield foci, or gaps in knowledge by a research team without a representative disciplinary composition. The purpose of this paper is to provide a succinct, panoptic review of key research contributions to environmental justice, while simultaneously minimizing common problems associated with traditional reviews. In particular, this paper explores the utility of co-citation network analysis, to provide insight into the most important subdomains of environmental justice research. The results suggest that while early EJ research is initially focused on environmental disamenities and a continued focus on race and inequality, the research gradually shifts to foci more concerned with environmental amenities, such as parks and greenspace. We also find that race and inequality remain an important and consist line of research over the duration of the study time period. Implications for environmental justice research and its allied subfields are discussed.

  2. Renewable, ethical? Assessing the energy justice potential of renewable electricity

    Directory of Open Access Journals (Sweden)

    Aparajita Banerjee

    2017-08-01

    Full Text Available Energy justice is increasingly being used as a framework to conceptualize the impacts of energy decision making in more holistic ways and to consider the social implications in terms of existing ethical values. Similarly, renewable energy technologies are increasingly being promoted for their environmental and social benefits. However, little work has been done to systematically examine the extent to which, in what ways and in what contexts, renewable energy technologies can contribute to achieving energy justice. This paper assesses the potential of renewable electricity technologies to address energy justice in various global contexts via a systematic review of existing studies analyzed in terms of the principles and dimensions of energy justice. Based on publications including peer reviewed academic literature, books, and in some cases reports by government or international organizations, we assess renewable electricity technologies in both grid integrated and off-grid use contexts. We conduct our investigation through the rubric of the affirmative and prohibitive principles of energy justice and in terms of its temporal, geographic, socio-political, economic, and technological dimensions. Renewable electricity technology development has and continue to have different impacts in different social contexts, and by considering the different impacts explicitly across global contexts, including differences between rural and urban contexts, this paper contributes to identifying and understanding how, in what ways, and in what particular conditions and circumstances renewable electricity technologies may correspond with or work to promote energy justice.

  3. Transitional Justice

    DEFF Research Database (Denmark)

    Gissel, Line Engbo

    This presentation builds on an earlier published article, 'Contemporary Transitional Justice: Normalising a Politics of Exception'. It argues that the field of transitional justice has undergone a shift in conceptualisation and hence practice. Transitional justice is presently understood to be th...... to be the provision of ordinary criminal justice in contexts of exceptional political transition.......This presentation builds on an earlier published article, 'Contemporary Transitional Justice: Normalising a Politics of Exception'. It argues that the field of transitional justice has undergone a shift in conceptualisation and hence practice. Transitional justice is presently understood...

  4. kNOw Fear: Making Rural Public Spaces Safe for Women and Girls ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Acute violence against women and girls in rural areas has remained ... freedom from violence and safety for women and girls in rural public spaces in India. ... where both young women and men will come together to change attitudes, ... who are constitutionally mandated to ensure social justice and equitable development.

  5. Inauguration of the Faculty of Law at the University of Wollongong.

    Science.gov (United States)

    Mason, Anthony

    1991-01-01

    The Chief Justice of Australia, on the occasion of inauguration of the Faculty of Law at the University of Wollongong (Australia), examines the purposes and content of academic legal education, notes the increasing numbers of students wanting to study law, and recommends more interdisciplinary studies for students of law. (DB)

  6. Law, justice and a potential security gap: the 'organization' requirement in international humanitarian law and international criminal law

    NARCIS (Netherlands)

    Bartels, R.; Fortin, K.

    2016-01-01

    This article explores the ‘organizational’ or ‘organization’ criterion for both non-international armed conflict under international humanitarian law (IHL) and crimes against humanity under international criminal law (ICL) and considers how it affects the ability to address armed violence carried

  7. Justice in Cyberwar

    Directory of Open Access Journals (Sweden)

    Klaus-Gerd Giesen

    2014-06-01

    Full Text Available http://dx.doi.org/10.5007/1677-2954.2014v13n1p27 The text aims at providing an ethical framework for cyber warfare. The latter is changing our understanding of war (and peace as well as the relationship between the human being and the machine. Rejecting Heidegger’s fatalistic stance towards technology it is argued that norms of international justice should be formulated in order to attempt to regulate this new military dimension. The potentially considerable destructive force of cyberweapon systems for civilian infrastructure is emphasized, especially as far as the « Internet of Things » (all physical objects connected to the Internet is concerned. In a foreseeable future cyberwar operations may kill many civilians. After defining the concept of cyberwar and explainig why it is a new and important moral issue, the paper heavily relies on just war ethics in order to reach norms for justice in cyberwar. It is shown that Immanuel Kant has not just been a philosopher of (perpetual peace, but (in the Metaphysics of Morals also a just war theorist who developed his normative framework in a fruitful dialog with Aquinas (against Vitoria and Suarez. His norms for jus ad bellum and jus in bello are carefully and critically applied to cyberwar. However, Kant’s major innovation in just war theory has been the concept of jus post bellum. The paper demonstrates how important this dimension of justice is in cyberwar, and how to apply it, including through recommendations for a treaty in international law.

  8. Social justice and the formal principle of freedom

    Directory of Open Access Journals (Sweden)

    Nikolić Olga

    2017-01-01

    Full Text Available The aim of this paper is to show, contra the right-libertarian critique of social justice, that there are good reasons for defending policies of social justice within a free society. In the first part of the paper, we will present two influential right-libertarian critiques of social justice, found in Friedrich Hayek’s Law, Legislation and Liberty and Robert Nozick’s Anarchy, State and Utopia. Based on their approach, policies of social justice are seen as an unjustified infringement on freedoms of individual members of a society. In response to this critique, we will introduce the distincion between formal and factual freedom and argue that the formal principle of freedom defended by Hayek and Nozick does not suffice for the protection of factual freedom of members of a society, because it does not recognize (1 the moral obligation to help those who, without their fault, lack factual freedom to a significant degree, and (2 the legal obligation of the state to protect civic dignity of all members of a society. In the second part of the paper, we offer an interpretation of Kant’s argument on taxation, according to which civic dignity presupposes factual freedom, in order to argue that Kant’s justification of taxation offers good reasons for claiming that the state has the legal obligation to protect factual freedom via the policies of social justice.

  9. 28 CFR 513.20 - Release of information to law enforcement agencies.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Release of information to law enforcement agencies. 513.20 Section 513.20 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE GENERAL MANAGEMENT AND ADMINISTRATION ACCESS TO RECORDS Release of Information to Law Enforcement Agencies § 513.20 Release of information to law...

  10. [Bioethical language in the law and jurisprudence about bioethical problems].

    Science.gov (United States)

    Corral García, Eduardo

    2013-01-01

    The impact is analyzed that on the Spanish Law relative to questions bioethics--as the Law on artificial reproduction, the Law of biomedical investigation, and the Law on sexual and reproductive health--can have the conception of human embryo enunciated by the Court of Justice of the European Union in his judgment of October 18, 2011, considering it to be any ovum fertilized with independence of the degree of reached development.

  11. Investigating the Factors of Resiliency among Exceptional Youth Living in Rural Underserved Communities

    Science.gov (United States)

    Curtin, Kevin A.; Schweitzer, Ashley; Tuxbury, Kristen; D'Aoust, Janelle A.

    2016-01-01

    Resilience is an important social justice concept that has important implications for educators working with exceptional youth in rural underserved communities who may suffer from the consequences associated with economic hardships. This multi-school qualitative study examined resilience among exceptional youth living in rural poverty through the…

  12. Decree No. 2.363 of 21 October 1987 abolishing the National Institute of Colonization and Agrarian Reform--INCRA, creating the Legal Institute of Rural Land--INTER, and other measures.

    Science.gov (United States)

    1989-01-01

    This Decree abolishes the Brazilian National Institute of Colonization and Agrarian Reform (INCRA) and creates a Legal Institute of Rural Land (INTER) linked to the Ministry of Agrarian Reform (MIRAD) to perform the activities of INCRA. MIRAD will henceforth be responsible for the rights, powers, and obligations of INCRA and will supervise INCRA's property and resources. In this capacity MIRAD will supervise, coordinate, and execute activities related to agrarian reform and agricultural policy. Among these activities are the promotion of social justice and productivity through 1) the just and adequate distribution of ownership of rural land, 2) limitation of the acquisition of rural property by foreigners, and 3) encouragement of the harmonious development of rural life. In developing such activities MIRAD is to make use of legal measures contained in land law, including those relating to the selection of public rural lands, the privatization of rural land through regularization of ownership, colonization, zoning, and taxation. It is also authorized to expropriate and distribute unexploited or improperly exploited land to worker families, with priority going to labor cooperatives. Further provisions establish rules on expropriation. Among these is the requirement that forests must be protected.

  13. Environmental justice and U.S. Forest Service hazardous fuels reduction: A spatial method for impact assessment of federal resource management actions

    Science.gov (United States)

    Mark D.O. Adams; Susan Charnley

    2018-01-01

    Natural resource managers of federal lands in the USA are often tasked with various forms of social and economic impact analysis. Federal agencies in the USA also have a mandate to analyze the potential environmental justice consequences of their activities. Relatively little is known about the environmental justice impacts of natural resource management in rural areas...

  14. Forgiveness and justice: a research agenda for social and personality psychology.

    Science.gov (United States)

    Exline, Julie Juola; Worthington, Everett L; Hill, Peter; McCullough, Michael E

    2003-01-01

    Forgiveness and related constructs (e.g., repentance, mercy, reconciliation) are ripe for study by social and personality psychologists, including those interested in justice. Current trends in social science, law, management, philosophy, and theology suggest a need to expand existing justice frameworks to incorporate alternatives or complements to retribution, including forgiveness and related processes. In this article, we raise five challenging empirical questions about forgiveness. For each question, we briefly review representative research, raise hypotheses, and suggest specific ways in which social and personality psychologists could make distinctive contributions.

  15. Integrating health law and health policy: a European perspective

    NARCIS (Netherlands)

    Legemaate, Johan

    2002-01-01

    Health law is intended to create an environment in which the promotion of health goes hand in hand with the protection of individual rights and the general principles of equality and justice. Over the years, the importance of health law has grown, both at national and international level. As health

  16. Law Libraries in the Western Region/State of Nigeria.

    Science.gov (United States)

    Okewusi, Peter Agboola

    1988-01-01

    Reviews the establishment of the Western Regional Ministry of Justice in Nigeria and the subsequent development of law libraries to aid that agency. The functions of the ministry, staffing, and services of the law libraries, and the establishment of a printing office for government publications are described. (5 references) (CLB)

  17. Murphy’s Laws in the Works of B. V. Rossinskiy

    Directory of Open Access Journals (Sweden)

    Yury P. Solovey

    2017-05-01

    Full Text Available In the research paper, prepared for the 70th birthday anniversary of the famous Russian scientist in administrative law, head of the Department of Administrative and Financial Law of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia, doctor of law, professor, honored lawyer of the Russian Federation Boris Vulfovich Rossinsky, some scientific findings are analyzed, recommendations and the proposals contained in his writings on the administrative responsibility in terms of clever, comical, yet surprisingly accurate philosophical principals, known as “Murphy's laws”. A conclusion is made about the need to eliminate the institution of administrative responsibility of legal entities and the transformation of proceedures on administrative violations carried out by the executive authorities from jurisdictional format to the format of supervision.

  18. Politică versus Justiție sau o scurtă istorie a reformei magistraturii (Politics versus Justice or a short history of magistracy’s reform

    Directory of Open Access Journals (Sweden)

    Cristi DANILEȚ

    2014-05-01

    Full Text Available In a democratic society, the state is organized according to the classic principle of separation of powers. These powers are separated, but they should work together. To strengthen the rule of law in Romania, justice reform was essential. And in the sectors of justice, the judiciary was and it is the most important. Reform was made, under pressure from the EU, by the romanian authorities, in collaboration: essential laws were created, it was created the Judicial Council as a self-governing authority, young magistrates were recruited in the system, were replaced the old codes, the judicial procedures become more efficient and the system become more transparent. The experience that i have as a judge for more than 15 years, my involvement in legislative changes as ministerial advisor and my activity as a Judicial Council`s member for 3 years, entitles me to say that justice has become effective after 10 years of reforms. Among the judges, a culture of independence it was ceated. People who were above the law, reached now behind the bars. Ordinary citizens began to believe in justice. But politicians and businessmen have begun to fear the justice, reason for politicians to try to reduce the independence of justice, changing back the laws, or attacking in their speeches the magistrates. It remains to be shown whether the creation of an independent judiciary was made only for EU or romanian society has become mature so as the reforms to be irreversible.

  19. RESTORATIVE JUSTICE DALAM UNDANG-UNDANG SPPA: IMPLIKASINYA BAGI PEKERJAAN SOSIAL

    Directory of Open Access Journals (Sweden)

    Edi Suharto

    2016-01-01

    Full Text Available Act No. 11 Year 2012 on the Juvenile Justice Systemthat now come into force, grounded in the concept of restorative justice. Restorative justice is the completion of the criminal case together relevant parties in order to seek a fair settlement with the emphasis on restoring back to its original state. To achieve this restorative justice efforts for settling disputes diversion or transfer of children from the criminal justice process to the outside of the criminal justice process. At this diversion efforts have implications for social work. If previously a social worker who has a small role for children in conflict with the law (ABH, it is now a greater role. So it is necessary to enhance the quality and quantity of social workers. Improved quality and quantity must be followed by efforts such as education and training. Institutional quality of social welfare services should also be strengthened because it is the institution that will hold ABH when diversion efforts agreed by the parties. Keyword: Restorative Justice; Diversion; Social Workers   ABSTRAK UU SPPA yang sekarang mulai berlaku, berpijak pada paradigma restorative justice. Restorative justice merupakan penyelesaian perkara tindak pidana bersama-sama pihak terkait dalam rangka mencari penyelesaian yang adil dengan menekankan pemulihan kembali pada keadaan semula. Untuk mencapai keadilan restoratif ini dilakukan upaya diversi atau pengalihan penyelesaian perkara anak dari proses peradilan pidana ke proses di luar peradilan pidana. Pada upaya diversi inilah memiliki dampak bagi pekerjaan sosial. Jika sebelumnya pekerja sosial mempunyai peranan yang kecil kepada anak yang berhadapan dengan hukum (ABH, maka kini peranannya lebih besar. Sehingga dibutuhkan peningkatan kualitas maupun kuantitas. Peningkatan kualitas maupun kuantitas harus diikuti dengan upaya seperti pendidikan dan pelatihan. Kualitas kelembagaan pelayanan kesejahteraan sosial juga harus diperkuat karena lembaga inilah yang

  20. INTERPRETATIONS OF JUSTICE IN CONTEMPORARY RUSSIA: THE RESULT OF ONLINE SURVEY

    Directory of Open Access Journals (Sweden)

    Dmitrij Vasilevich Rudenkin

    2015-02-01

    Full Text Available This article is aimed to clarify semantic connotations of the word «Justice», formed by the Russian political consciousness and represented in the language of Russian internet users. On the basis of secondary data analysis, the author analyzes the role of the idea of justice in the political consciousness of contemporary Russian citizens. Using the data of his own sociological research and secondary data analysis, the author describes the meanings often attributed to the concept of justice in contemporary Russian society and illustrates his ideas on the analysis of the attitudes of Russian Internet users. The key idea of the article is that the theme of justice has become one of the most important for the modern Russian society and it is often understood through the identification with the concept of law. In this article the author describes the relationship between these concepts in the opinion of contemporary Russians

  1. Women, truth, justice and reparation in Colombia

    Directory of Open Access Journals (Sweden)

    María Eugenia Ibarra Melo

    2011-07-01

    Full Text Available This paper account for the main collective actions undertaken by two women networks in Colombia: Women’s Peace Route and the Colombian Women Initiative for Peace, during transition justice process and the implementation of the Justice and Peace Law (2004-2009. From a sociological approach to the political process and the gender category, this paper discusses how gender ideologies inform new ways of mobilization affecting discourses, purposes and repertoires of those claiming identities and defending human rights. The main conclusion here is that the feminist influence in redistribution and acknowledgement claims for victims from the armed conflict have encouraged collective actions that begin to modify their relationship to the State. This is proved by their achievements at Court and social acknowledgement victims have gained as social actors.

  2. The Era of Global Disputes and Mass Media Distortions. Dialogue on Recognition, Justice and Democracy

    Czech Academy of Sciences Publication Activity Database

    Bittar, E.; Hrubec, Marek

    2017-01-01

    Roč. 8, č. 2 (2017), s. 146-154 ISSN 1338-130X Grant - others:AV ČR(CZ) StrategieAV21/15 Program:StrategieAV Institutional support: RVO:67985955 Keywords : global conflicts * international law * justice * mass media * recognition * democracy Subject RIV: AA - Philosophy ; Religion OBOR OECD: Political science https://www.communicationtoday.sk/era-global-disputes-mass-media-distortions-dialogue-recognition-justice-democracy-interview-marek-hrubec/

  3. New jurisdiction of the European Court of Justice in resolving monetary and fiscal disputes

    Directory of Open Access Journals (Sweden)

    Dimitrijević Marko

    2016-01-01

    Full Text Available The global financial crisis has caused the need for a stronger positioning of the European Court of Justice in the new model of economic governance in the European Union. The Jurisdiction of the European Court of Justice contributes in creating the optimal legal control mechanism of budget spending in the European monetary law and ensure maintenance of euro-zone fiscal framework. The role of the European Court of Justice in the EMU in earlier periods was secondary, but in times of crisis, it points to the growing need of Jurisdiction's extending in the field of monetary relations between member states and respect of convergence rules. Court's Jurisdiction in resolving of monetary and fiscal disputes is increasingly implemented in determining the legal nature of international agreements, whose ratio is economic stability, where the Judgments regarding complementarities of these legal documents with primary law provisions have the crucial impact on the future direction of national fiscal policies coordination. Although, the Court's Jurisdiction in this area is still underdeveloped and Judgments are often conditioned by pragmatism reasons, by development of credible macroeconomic dialogue between Court of Justice, European Central Bank and European Court of Auditors may establish conditions for fullfiling legal gaps in the performance of monetary and fiscal Jurisdiction of the Court.

  4. 21 CFR 1309.26 - Exemption of law enforcement officials.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Exemption of law enforcement officials. 1309.26 Section 1309.26 Food and Drugs DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, IMPORTERS AND EXPORTERS OF LIST I CHEMICALS Requirements for Registration § 1309.26 Exemption of law enforcement...

  5. 21 CFR 1301.24 - Exemption of law enforcement officials.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Exemption of law enforcement officials. 1301.24 Section 1301.24 Food and Drugs DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND DISPENSERS OF CONTROLLED SUBSTANCES Exceptions to Registration and Fees § 1301.24 Exemption of law enforcement...

  6. German nuclear law day 2004 - a conference report

    International Nuclear Information System (INIS)

    Anon.

    2005-01-01

    Topical issues of nuclear law constituted the main subjects discussed at the 2004 German Nuclear Law Day organized in Berlin on November 11 to 12, 2004. The agenda included actual issues potentially arising from the topics final storage of nuclear waste, financing a new site search for a repository, and supervision of nuclear installations. Experts from the administration of justice, the federal and state governments, law offices, universities, and the industry discussed the matters in 14 lectures. (orig.)

  7. The Impact of Sexual Assault Nurse Examiner Programs on Criminal Justice Case Outcomes: A Multisite Replication Study.

    Science.gov (United States)

    Campbell, Rebecca; Bybee, Deborah; Townsend, Stephanie M; Shaw, Jessica; Karim, Nidal; Markowitz, Jenifer

    2014-05-01

    To address the underreporting and underprosecution of adult sexual assaults, communities throughout the United States have implemented multidisciplinary interventions to improve postassault care for victims and the criminal justice system response. One such model is the Sexual Assault Nurse Examiner (SANE) Program, whereby specially trained nurses provide comprehensive psychological, medical, and forensic services for sexual assault. In this study, we conducted a multisite evaluation of six SANE programs (two rural programs, two serving midsized communities, two urban) to assess how implementation of SANE programs affects adult sexual assault prosecution rates. At each site, most sexual assaults reported to law enforcement were never referred by police to prosecutors or were not charged by the prosecutor's office (80%-89%). Individually, none of the sites had a statistically significant increase in prosecution rates pre-SANE to post-SANE. However, when the data were aggregated across sites, thereby increasing statistical power, there was a significant effect such that cases were more likely to be prosecuted post-SANE as compared with pre-SANE. These findings suggest that the SANE intervention model does have a positive impact on sexual assault case progression in the criminal justice system. Nevertheless, there is still a pressing need for improvement as the vast majority of both pre-SANE and post-SANE resulted in nonreferral/no charges filed. © The Author(s) 2014.

  8. The European Union Court of Justice after the Treaty of Lisbon

    Directory of Open Access Journals (Sweden)

    Radivojević Zoran

    2016-01-01

    Full Text Available Created by the Treaty of Paris as a judicial authority which ensures respect for the law when interpreting and applying this treaty, the European Court of Justice has so far been repeatedly reformed. The latest reform of the judicial system of the European Union, put into effect by the Lisbon Treaty, largely relies on solutions contained in the unaccepted Treaty on the Constitution for Europe. Novelties that this treaty brings could be grosso modo divided into several basic categories. First, there are organizational changes related to the different name and composition of the courts, appointment of judges and advocates-general and the formation of specialized courts. The new terminology and organization aims to provide a clear distinction between the Court of Justice of the EU, which is an aggregate term or generic designation for the entire judicial system of the Union, and special judicial bodies that enter into its composition. These are the Court of Justice as the highest authority, the General Court which is actually the renamed Court of First Instance, and specialized courts that replaced the judicial panels. The second category includes changes that expand the jurisdiction of the Court to certain new areas owing to the abolition of the former EU pillar structure and the dissolution of the European Community. On such a basis, an integration of court jurisdiction regarding the first and third pillar ensued, as the Court of Justice was vested with general and compulsory jurisdiction over the entire law created in the newly established area of freedom, security and justice. The exception is the area of common foreign and security policy, in which the Court's jurisdiction still remains excluded. The third type of amendment extends the scope of judicial reviews of the validity of acts adopted by EU institutions and enables authorized subjects an easier access to the Court. Their aim is to strengthen the rule of law within the legal system of

  9. Children's perspectives on crime and the criminal justice system: main findings

    CSIR Research Space (South Africa)

    Badenhorst, C

    2008-01-01

    Full Text Available This research paper is an exploratory pilot study aimed at accessing the views of children on the criminal justice system, their perceptions of how children in conflict with the law are treated, the impact that crime has on them, their schools...

  10. Youth, Guns, and the Juvenile Justice System. Research Report.

    Science.gov (United States)

    Butts, Jeffrey; Coggeshall, Mark; Gouvis, Caterina; Mears, Daniel; Travis, Jeremy; Waul, Michelle; White, Ruth

    This report documents trends in youth gun violence and the response within the justice system, noting the growing variety of data resources available to investigate the effect of new gun laws on youth, communities, and public safety. The first section reviews recent trends, examining the major wave of gun violence in the United States during the…

  11. Who Guards the Guards? Understanding Deviance and Corruption of Law Enforcement Officials

    Directory of Open Access Journals (Sweden)

    Ercan BALCIOĞLU

    2015-12-01

    Full Text Available Law enforcement officials must be honest in performing both their judicial and administrative responsibilities and duties within the criminal justice system to maintain public tranquility, social trust and order, and securing the justice. There are, however, different kinds phenomena in which several kinds of deviance from acceptable norms of behavior is existing among the law enforcement professionals. Studies dealing with deviance of law enforcement officials have been limited in the Turkish context. This study, first, categorize the kinds of deviant behavior among the law enforcement officials as pointed out by numerous scientific studies. Etiology of these types of behavior, than, is examined based on the existing literature. First of all, as a kind of white collar crime which observing among deviant behavior of police personal will be categorized according to international literature. Finally, this study brings the general consensus on the preventive measures as applied in several countries on law enforcement officials’ deviant behaviors to the attention of the Turkish reader

  12. Law, Justice and a Potential Security Gap: The ‘Organization’ Requirement in International Humanitarian Law and International Criminal Law

    NARCIS (Netherlands)

    Fortin, K.M.A.; Bartels, Rogier

    2016-01-01

    This article explores the ‘organizational’ or ‘organization’ criterion for both noninternational armed conflict under international humanitarian law (IHL) and crimes against humanity under international criminal law (ICL) and considers how it affects the ability to address armed violence carried out

  13. What can China do to develop International Criminal Law and Justice further from the perspective of the International Criminal Court?

    Directory of Open Access Journals (Sweden)

    Hua Deng

    2016-06-01

    Full Text Available The Rome Statute, as well as the International Criminal Court (ICC, regarded as a worldwide mechanism for the fight for impunity and a better protection of human rights, has 124 State parties up to date. China, however, is still not a party to the Rome Statute, mainly because of five reasons. This article looks for promoting the academic research on the Rome Statute and the ICC to clarify some confusion, and strengthening the Chinese domestic legislation to make use of the principle of complementary jurisdiction to exclude the jurisdiction of the ICC at largest. It is possible for China to be ready to access to the Rome Statute and take part in the ICC club in the future, which is also a contribution of China to the development of the international criminal law and justice.

  14. Restrictions and Countermeasures of Rural Vocational Education in Urban-rural Integration

    Institute of Scientific and Technical Information of China (English)

    2012-01-01

    Developing rural vocational education is of great significance to urban-rural integration: developing rural vocational education is helpful to cultivating new farmers for construction of new socialist countryside,favorable to improving farmers’ ability of finding jobs and starting undertaking, and beneficial to transfer of rural surplus labor and acceleration of urbanization. Restrictions on development rural vocational education mainly include: low value cognition of society and social assessment of rural vocational education; out of balance of cost and expected return of rural vocational education; the quality of supply of rural vocational education failure to satisfy demand of socio-economic development; imperfect rural vocational education system. In view of these,following countermeasures and suggestions are put forward: strengthen propaganda and guidance to build environment of public opinion for rural vocational education; push forward rural vocational compulsory education system to lay social foundation for rural vocational education; reinforce policy support to assist in building rural vocational education system; improve education system to build overall framework of rural vocational education; perfect laws and regulations to establish system and norm for development of rural vocational education.

  15. Renegotiating forensic cultures: between law, science and criminal justice.

    Science.gov (United States)

    Roberts, Paul

    2013-03-01

    This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science's basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable-and may be neutralised-by paying closer attention to criminal adjudication's normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert witnesses. Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law. Copyright © 2013. Published by Elsevier Ltd.

  16. The case of Kosovo and international law

    Czech Academy of Sciences Publication Activity Database

    Šturma, Pavel

    2010-01-01

    Roč. 29, č. 2009 (2010), s. 51-65 ISSN 0554-498X Institutional research plan: CEZ:AV0Z70680506 Keywords : public international law * independence of the Kosovo * International Court of Justice Subject RIV: AG - Legal Sciences

  17. Organising Data Exchange in the Dutch Criminal Justice Chain

    Directory of Open Access Journals (Sweden)

    Philip LANGBROEK

    2009-12-01

    Full Text Available Effective exchange of information in the criminal justice chain is crucial for effective law enforcement, but difficult to achieve. This article describes the case of the development and introduction of electronic data exchange in the Dutch Criminal Justice chain. Basic theories on the introduction of IT in justice organizations are tested by means of qualitative empirical research. Case flow management automation is technically feasible in the criminal justice chain but presupposes willingness of different organizations attached to that chain to adapt working processes for that purpose. The Dutch case shows a relative failure of the development and implementation of an integrated case flow management system for the entire chain (from the police via the public prosecutions office and the courts up to the prison service. It also shows a relative success of connecting xml-based data files to different reference indexes using intelligent agent software. Compared to the intended integrated case flow management system this solution for inter-organizational data exchange is much more simple and flexible because it does not demand a far reaching adaptation of internal organizational routines. It avoids the complexities of justice organizations and simplifies tasks related to data exchange. The data therefore are more accurate and are faster available. The most important advantage however is that risks of failure of development and implementation are reduced.

  18. Private law principles, pluralism and perfectionism

    NARCIS (Netherlands)

    Hesselink, M.W.; Bernitz, U.; Groussot, X.; Schulyok, F.

    2013-01-01

    This paper discusses the legitimacy of general principles of private law as they have been formulated recently by the Court of Justice of the European Union and proposed by the European Commission. It addresses challenges from different strands in political theory including liberal perfectionism,

  19. Mobile technology aids law enforcement in identifying forgeries in record management systems

    OpenAIRE

    Center for Homeland Defense and Security

    2010-01-01

    Center for Homeland Defense and Security, OUT OF THE CLASSROOM Download the paper: Arizona Law Enforcement Mobile Identification Technology for Law Enforcement” As the technology program manager with the Arizona Criminal Justice Commission, Bill Kalaf is using his time at...

  20. The values underlying the Draft Common Frame of Reference: what role for fairness and 'social justice'?

    NARCIS (Netherlands)

    Hesselink, M.W.

    2008-01-01

    This study provides an in-depth analysis of the provisions of the draft Common Frame of Reference (DCFR), in order to assess if the DCFR perceives contract law only as a tool for regulating private law relations between equally strong parties or if it contains elements of 'social justice' in favour

  1. Justice in development? An analysis of water interventions in the rural South

    NARCIS (Netherlands)

    Venot, J.P.J.N.; Clement, F.

    2013-01-01

    This paper explores a fruitful convergence between the distributive and procedural dimensions of environmental justice theory and current debates in the field of development studies over capitals and capabilities, institutions, and discourse formation to shed new light on natural resource management

  2. The European Union as an Area of Freedom, Security and Justice

    NARCIS (Netherlands)

    Fletcher, Maria; Herlin-Karnell, Ester; Matera, Claudio

    2016-01-01

    Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has

  3. Environmental law. 3. rev. ed.

    International Nuclear Information System (INIS)

    Anon.

    1985-01-01

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (orig.) [de

  4. Procedural Justice in Dutch Administrative Court Proceedings

    Directory of Open Access Journals (Sweden)

    André Verburg

    2014-11-01

    Full Text Available In this paper we discuss recent developments in administrative court proceedings in the Netherlands, called the New Approach. Along with developments leading to the New Approach, it became clear that the insights from research on procedural justice deserve particular attention. The goals of the judge's actions in this respect are both that the proceedings are fair and just and that parties perceive the way they are being treated during proceedings as fair and just.Within the New Approach we discern five procedural justice elements: (1 respect, (2 voice and due consideration, (3 some influence on how proceedings will continue, (4 an explanation of how the proceedings will continue and (5 direct interpersonal contact.The introduction of the New Approach shows two important bottlenecks in Dutch administrative court proceedings, which are (i the possible or supposed collision between legally right outcomes and  procedural justice and (ii the lack of uniformity and predictability.Although what we describe and discuss in this paper focuses on the Dutch situation, many of these considerations apply to administrative court proceedings in other countries. The themes and difficulties that face the administrative law judge seem to be common to many countries.

  5. Whales, science, and scientific whaling in the International Court of Justice.

    Science.gov (United States)

    Mangel, Marc

    2016-12-20

    I provide a brief review of the origins of the International Convention on the Regulation of Whaling and the failure to successfully regulate whaling that led to the commercial moratorium in 1986. I then describe the Japanese Whale Research Programs Under Special Permit in the Antarctica (JARPA I, JARPA II) and the origins of the case Whaling in the Antarctic (Australia v. Japan: New Zealand Intervening) in the International Court of Justice. I explain that the International Court of Justice chose to conduct an objective review of JARPA II, the standard that it used for the review, and the pathway that it took to adjudicate the case without providing a definition of science to be used in international law. I conclude with a brief discussion of the implications of the Judgment for the International Convention on the Regulation of Whaling, and the International Whaling Commission in particular, for other international treaties, and for the interaction of science and law more generally.

  6. Recent abuse from in-laws and associations with adverse experiences during the crisis among rural Ivorian women: extended families as part of the ecological model.

    Science.gov (United States)

    Falb, Kathryn L; Annan, Jeannie; Hossain, Mazeda; Topolska, Monika; Kpebo, Denise; Gupta, Jhumka

    2013-01-01

    Violence against women in the aftermath of conflict represents a growing area of concern. However, little is known about violence perpetrated by a woman's in-laws and how these experiences may be related to adverse experiences during a crisis. Therefore, guided by the ecological model, the objectives of the following analysis were to (1) document adverse experiences during the crisis among rural Ivorian women and (2) investigate the association between such experiences and abuse perpetrated by partners' extended families, among a sample of women residing in rural Côte d'Ivoire. Utilising data from a baseline survey conducted in 2010, we generated descriptive statistics and used generalised estimating equations to assess the relationships of interest. Women whose family was victimised during the crisis had 1.7 times the odds of reporting past-year in-law abuse compared to those women whose families did not experience such adversity (95% CI: 1.1-2.4), and women who experienced a personal form of adversity had twice the odds of reporting past-year in-law abuse compared to women who did not report victimisation (95% CI: 1.2-3.2). Being forced to flee was not statistically associated with in-law abuse. Findings underscore the importance of addressing in-law abuse in order to promote women's health in post-conflict settings.

  7. Social justice, health disparities, and culture in the care of the elderly.

    Science.gov (United States)

    Dilworth-Anderson, Peggye; Pierre, Geraldine; Hilliard, Tandrea S

    2012-01-01

    Older minority Americans experience worse health outcomes than their white counterparts, exhibiting the need for social justice in all areas of their health care. Justice, fairness, and equity are crucial to minimizing conditions that adversely affect the health of individuals and communities. In this paper, Alzheimer's disease (AD) is used as an example of a health care disparity among elderly Americans that requires social justice interventions. Cultural factors play a crucial role in AD screening, diagnosis, and access to care, and are often a barrier to support and equality for minority communities. The "conundrum of health disparities" refers to the interplay between disparity, social justice, and cultural interpretation, and encourages researchers to understand both (1) disparity caused by economic and structural barriers to access, treatment, and diagnosis, and (2) disparity due to cultural interpretation of disease, in order to effectively address health care issues and concerns among elderly Americans. © 2012 American Society of Law, Medicine & Ethics, Inc.

  8. Implications And Legal Consequences Of Administrative Misconduct Law: Analysis Of The Performance Of The 3rd Prosecution Mprn Of Justice In The Circuit Court Of Caicó-Rn In Period 2010 2014

    Directory of Open Access Journals (Sweden)

    Winston de Araújo Teixeira

    2016-12-01

    Full Text Available This article aims to analyze and obtain data regarding the performance of the Public Ministry of RN meet the demands of improper conduct and how is the processing of these actions aiming to verify whether, in fact, Law Nº. 8.429/92 (of Misconduct Law administrative, it is an effective mechanism to combat and reprimand corruption. For this we used the historical-deductive method. He employed the documentary research held at the 3rd Prosecutor's Office of the District of Caicó / RN, combined with the data found on the website of the Court of Justice of Rio Grande do Norte state.

  9. EXTERNAL EVALUATIONS IN LOMCE: TRANSPARENCY IN RURAL EDUCATION?

    Directory of Open Access Journals (Sweden)

    Rogeli Santamaría Luna

    2015-06-01

    Full Text Available This document is intended to reflect on some articles of the Organic Law 2/2006 of 3 May on Education last modified by Organic Law 8/2013, of 9 December, to improve educational quality. We have selected those linked to external evaluation and transparency were discussed. In turn, the publication of Law 19/2013, of December 9, transparency, access to public information and good governance, imposes new obligations on the administrations and should result in the availability and dissemination of reports, as well as results. Both laws can promote knowledge of rural school if current approaches to external evaluation in Spain who do not usually attend rural uniqueness or do so partially. Thus they contribute to hiding the rural school or show a negative image of it because they have poorly contextualized results.

  10. Legislative responses to wrongful conviction: Do partisan principals and advocacy efforts influence state-level criminal justice policy?

    Science.gov (United States)

    Kent, Stephanie L; Carmichael, Jason T

    2015-07-01

    The number of discovered wrongful criminal convictions (and resulting exonerations) has increased over the past decade. These cases erode public confidence in the criminal justice system and trust in the rule of law. Many states have adopted laws that aim to reduce system errors but no study has examined why some states appear more willing to provide due process protections against wrongful convictions than others. Findings from regression estimates suggest that states with a Republican controlled legislature or more Republican voters are less likely to pass these laws while the presence of advocacy organizations that are part of the 'innocence movement' make legislative change more likely. We thus identify important differences in the political and social context between U.S. states that influence the adoption of criminal justice policies. Copyright © 2015 Elsevier Inc. All rights reserved.

  11. ROLE OF LAW IN CONSTRUCTION AND DEVELOPMENT OF SMALL SCALE INDUSTRIES THROUGH NORMATIVE PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Endang Sutrisno

    2015-12-01

    Full Text Available The presence of law has become an absolute prerequisite that must exist in the dynamics of civil society. It is to achieve justice, certainty, and expediency, so the works of it will not be separated from such a noble mission. On the other side, the law is likely inseparable from the fields of meta-juridical, including economics. The expectations of the interference of law into economy, makes the existence of justice for the business players can be realized through the enacted product legislation. Regulations concerning investments and partnerships have the intent to build self-reliance and empowerment for small industry players so as to compete in the era of economic globalization. Laws employed as the instrument of social change to strengthen the capitalization of small industry and business empowerment through the training and development of small industries, as normatively mandated by law.

  12. Transforming the European legal order: The European Court of Justice at 60+

    OpenAIRE

    Guth, J

    2016-01-01

    The European Court of Justice has played a pivotal role in the transformation of international law obligations between Member States into an integrated legal order with direct applicability and effect in those Member States. This article explores whether or not the ECJ continues to be relevant to EU governance and integration and whether it continues to transform the legal orders of the Member States. It briefly outlines the early case law which transformed the legal order, and the preliminar...

  13. Hispanic Law Students' Perceptions of Discrimination, Justice, and Career Prospects.

    Science.gov (United States)

    Foley, Sharon; Kidder, Deborah L.

    2002-01-01

    A survey of 118 Hispanic law students found that female students were more likely than males to expect gender discrimination in their future law firms; perceived discrimination affected student perceptions of the fairness of the promotion process, which influenced career satisfaction; and students did not expect ethnic discrimination to impede…

  14. Rural Indiana Profile: Alcohol, Tobacco & Other Drugs.

    Science.gov (United States)

    Drug Strategies, Washington, DC.

    This report examines alcohol, tobacco, and other drug use in rural parts of Indiana, as well as public and private initiatives to reduce these problems. The report is based on epidemiological, health, and criminal justice indicators; focus groups; and in-depth interviews with local officials, researchers, service providers, and civic leaders.…

  15. A need for closer examination of FASD by the criminal justice system: has the call been answered?

    Science.gov (United States)

    Gagnier, Karina Royer; Moore, Timothy E; Green, Melvyn

    2011-01-01

    Individuals with FASD exhibit deficits in many domains that can include memory, learning, behavioural inhibition, executive functioning, interpersonal skills, and language. These deficits have serious implications for affected persons when they become engaged in the legal system. In 2004, Moore and Green reviewed case law and psychological literature which suggested that FASD-related deficits placed affected individuals at a significant disadvantage in the justice system. According to them, this disadvantage stemmed from the limited awareness and knowledge of FASD demonstrated by key players in the justice system, as well as the scarcity of effective interventions in place to rehabilitate affected defendants. The aim of the current paper is to assess the extent to which awareness of FASD-related issues in the Canadian justice system has advanced since the publication of Moore and Green's conclusions. First, the deficits associated with FASD and their implications for the justice system are described. Next, recent case law and psychological evidence are reviewed as we consider issues of witness reliability and false confessions. The significance of FASD for sentencing, fitness to stand trial, and the Not Criminally Responsible by Reason of Mental Disorder defence are also briefly discussed. Finally, emerging system wide responses to FASD-related issues are presented. Overall, it appears that the call for closer examination of FASD by the justice system has been answered, but a need for increased education and awareness remains.

  16. Specious Rights: Myth vs. Reality in the American Criminal Justice System

    Science.gov (United States)

    Reinhardt, William R.

    2010-01-01

    Contrary to the dominant discourse metanarrative, this dissertation explores, re-exposes, and updates the generally hidden realities of what is actually taking place in the current operation of the American criminal justice system. The government/dominant discourse benefits from the amorphous ambiguity of the law in conjunction with its usage of…

  17. Exploring Social Justice in Mixed/Divided Cities: From Local to Global Learning.

    Science.gov (United States)

    Shdaimah, Corey; Lipscomb, Jane; Strier, Roni; Postan-Aizik, Dassi; Leviton, Susan; Olsen, Jody

    University of Haifa and the University of Maryland, Baltimore faculty developed a parallel binational, interprofessional American-Israeli course which explores social justice in the context of increasing urban, local, and global inequities. This article describes the course's innovative approach to critically examine how social justice is framed in mixed/divided cities from different professional perspectives (social work, health, law). Participatory methods such as photo-voice, experiential learning, and theatre of the oppressed provide students with a shared language and multiple media to express and problematize their own and others' understanding of social (in)justice and to imagine social change. Much learning about "self" takes place in an immersion experience with "others." Crucial conversations about "the other" and social justice can occur more easily within the intercultural context. In these conversations, students and faculty experience culture as diverse, complex, and personal. Students and faculty alike found the course personally and professionally transformative. Examination of social justice in Haifa and Baltimore strengthened our appreciation for the importance of context and the value of global learning to provide insights on local challenges and opportunities. Copyright © 2016 Icahn School of Medicine at Mount Sinai. Published by Elsevier Inc. All rights reserved.

  18. Measuring Absolutists: Justices Hugo L. Black and William O. Douglas and Their Differences of Opinion on Freedom of the Press.

    Science.gov (United States)

    Schwartz, Thomas A.

    The absolutist approach to the First Amendment of the United States Constitution--argued for many years by Supreme Court Justices Hugo L. Black and William O. Douglas--is regarded as the most libertarian interpretation by most mass communication law students. However, the two justices found agreement difficult in some First Amendment cases,…

  19. Criminal Law in Denmark

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds......-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable...... resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study...

  20. Promoting Environmental Justice through Civil-Based Instruments in South Africa

    Directory of Open Access Journals (Sweden)

    Michelle Toxopeüs and Louis J. Kotzé

    2017-06-01

    Full Text Available Achieving environmental justice in South Africa is critically important, not only because of historical reasons rooted in the country’s apartheid past, but also to ensure that everyone in the country, especially marginalized and vulnerable sectors of society, are properly protected from disproportional environmental impacts. Another aim of environmental justice in South Africa is to ensure that everyone equally shares in the benefits of the country’s resources. In this article, we interrogate ways through which to achieve environmental justice in South Africa through the use of civil-based instruments (CBIs of environmental governance. The central hypothesis is that CBIs are particularly well-suited to contribute to the achievement of environmental justice since they are essentially instruments which empower civil society to become central stakeholders in environmental governance by fostering active participation in the decisions that may impact on the environment and people’s health and well-being. Through these instruments all of society, particularly disenfranchised people suffering most from environmental injustice, are afforded a platform to pursue their environment-related interests that may be affected by the decisions taken by government and private actors such as polluting companies. For the purpose of the discussion we focus specifically on public participation, access to information and access to justice, all of which are generally accepted as CBIs, including in international law.

  1. Questioning fairness: the relationship of mental health and psychopathic characteristics with young offenders' perceptions of procedural justice and legitimacy.

    Science.gov (United States)

    Penner, Erika K; Shaffer, Catherine S; Viljoen, Jodi L

    2017-10-01

    Theories of procedural justice suggest that individuals who experience the criminal justice system as fair are more likely to perceive it as legitimate and, in turn, are less likely to reoffend. However, when individuals come into contact with the legal system, they are not blank slates - they have beliefs and personality characteristics that may systematically influence such perceptions. Our aim was to establish the extent to which demographic characteristics, legal history and clinical features, including personality characteristics, systematically influenced the degree to which young people experience the justice system as fair and legitimate. Self-report, file and interview data were collected from ninety-two 12 to 17-year-olds on probation in Western Canada. Substance use and traumatic experiences were inversely correlated with perceptions of procedural justice and legal legitimacy. Young people with higher scores on interpersonal, lifestyle and antisocial facets of the psychopathy checklist: youth version believed less strongly in the legitimacy of the law, but regression analyses confirmed that only history of trauma was independently associated with perceived procedural justice and legitimacy. Those in the youngest age group were more likely to have positive perceptions of justice than older youths, but demographics and legal history otherwise did not relate to outcomes. Our findings suggest that examining the relationship between procedural justice, legitimacy and offending without taking intra-individual variables into account may neglect important influences on those relationships. Other research has begun to show that young people who do not accept the law as legitimate or the criminal justice system as fair are more likely to offend. Copyright © 2016 John Wiley & Sons, Ltd. Copyright © 2016 John Wiley & Sons, Ltd.

  2. CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2012-05-01

    Full Text Available The priority principle of EU law in relation to the internal law of the Member States, a principle enshrined by the Court of Justice case-law and the principle of direct effect allow the national court to give full effect to EU law. Breaching the EU law by Member States draws under certain conditions their responsibilty for the breach thereof. Unlike public international law, the constitutive treaties do not contain provisions relating to liability of Member States for breach of EU law. As in other cases, the Court was the one that, over time, has defined a right of redress, which has its foundation in EU law and in the conditions necessary to engage the victims' right to repair.

  3. Judgement of the Court of Justice of the EU in respect to the law on excise duty on nuclear fuel. Only the first act of the drama?

    International Nuclear Information System (INIS)

    Leidinger, Tobias

    2015-01-01

    The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June 2015. The German Hamburg Finance Court had doubted whether the country's Nuclear Fuel Tax Act was compatible with European law. In the context of an action lodged by a nuclear power plant operator against this tax, the court had suspended the legal action and submitted various legal questions to the ECJ. The decision now taken by the ECJ is not really surprising considering that in his opinion, in February, the Advocate General had already argued that the tax was compatible. The Federal Constitutional Court must now decide whether the German concept of excise duty is to be interpreted in accordance with the EU directive issued to harmonise these very taxes or whether there is some flexibility allowing a different decision.

  4. The ADR Directive: designed to fail? A hole-ridden stairway to consumer justice

    NARCIS (Netherlands)

    Luzak, J.

    2016-01-01

    The European legislator adopted the new Alternative Dispute Resolution (ADR) Directive with an aim to create an additional, attractive stairway to consumer justice. As such, the ADR Directive intends to encourage more consumers to invoke their consumer rights and thus strengthen consumer law

  5. Future Law Enforcement Officers and Social Workers: Perceptions of Domestic Violence

    Science.gov (United States)

    McMullan, Elizabeth C.; Carlan, Philip E.; Nored, Lisa S.

    2010-01-01

    This study compares perceptions of domestic violence for college students planning to work in law enforcement with students aspiring to careers in social work and non-law-enforcement criminal justice (N = 491). The study involves students attending four public universities across one Southern state who completed a survey (spring of 2006) measuring…

  6. DISCRIMINATION BY ASSOCIATION IN EUROPEAN LAW

    Directory of Open Access Journals (Sweden)

    Cătălina-Adriana Ivănuș

    2013-11-01

    Full Text Available The european law prohibit direct and indirect discrimination and harrasment on grounds of sex, racial or ethnic, religion or belief, disability, age or sexual orientation. The question is what is the situation when someone is discriminated on can claim to be the victim of unlawful discrimination because he or she is associated with another person who has the protected characteristic. The the Court of Justice of the European Union’s judgment in Coleman v Attridge Law and Steve Law confirms, for the first time in European law, the existence of the concept of discrimination by association. In this article I examine the implications of this case on all conceps of discrimination concepts of discrimination in European law (direct discrimination, indirect discrimination and harassment. I also examine the application of discrimination by association to grounds other than disability.

  7. Procedural (in)justice in the implementation of solar energy: The case of Charanaka solar park, Gujarat, India

    International Nuclear Information System (INIS)

    Yenneti, Komali; Day, Rosie

    2015-01-01

    Solar PV is being rolled out on a large scale in India and other emerging economies, but in the enthusiasm for solar’s promise of plentiful, low carbon energy, the social and environmental justice concerns accompanying such infrastructure development are in danger of being overlooked. In this context, this paper, using the case study of ‘Charanaka Solar Park’ in Gujarat state, qualitatively analyses the degree of provision for procedural justice in solar energy implementation in India using a framework drawn from social environmental and energy justice literatures. The case study illustrates how the failure of various aspects of procedural justice can result in unnecessarily large impacts on the livelihoods of rural communities and the further marginalisation of those of lowest status. We conclude with discussion of the aspects of procedural justice that need attention in low carbon energy developments in developing countries alongside some policy and governance suggestions for the achievement of this in India and elsewhere. - Highlights: • Procedural justice issues in Charanaka solar park implementation are examined • New insights into participation, enfranchisement, and recognition are provided • Lack of information sharing and acknowledgement of local knowledge • Lack of adequate participation and enfranchisement of the affected communities • Consideration of procedural justice important for success of National Solar Mission

  8. Justice orientation as a moderator of the framing effect on procedural justice perception.

    Science.gov (United States)

    Sasaki, Hiroyuki; Hayashi, Yoichiro

    2014-01-01

    Justice orientation is a justice-relevant personality trait, which is referred to as the tendency to attend to fairness issues and to internalize justice as a moral virtue. This study examined the moderating role of justice orientation in the relationship between justice perception and response to a decision problem. The authors manipulated procedural justice and the outcome valence of the decision frame within a vignette, and measured justice orientation of 174 Japanese participants. As hypothesized, the results indicated an interaction between procedural justice and framing manipulation, which was moderated by individual differences in justice orientation. In negative framing, justice effects were larger for individuals with high rather than low justice orientation. The results are explained from a social justice perspective, and the contributions and limitations of this study are also discussed with respect to our sample and framing manipulation.

  9. The development and effectiveness of international administrative law on the occasion of the thirtieth anniversary of the World Bank Administrative Tribunal

    CERN Document Server

    2012-01-01

    International administrative law, or more precisely the law of the international civil service, has been the focus of increased attention in recent years. A part of the discussion has focused on the design of the justice mechanisms of international organizations, exemplified by the overhaul of the internal justice system of the United Nations in 2009. The internal justice systems of some international organizations have been subjected to scrutiny before some national courts, and the role and contribution of international administrative tribunals to the development of the law continue to be an important part of discussions of good governance and accountability of international organizations. The essays in this book, written by judges, practitioners, academics and other experts, address these and other issues.

  10. The Impact of Psychological Science on Policing in the United States: Procedural Justice, Legitimacy, and Effective Law Enforcement.

    Science.gov (United States)

    Tyler, Tom R; Goff, Phillip Atiba; MacCoun, Robert J

    2015-12-01

    The May 2015 release of the report of the President's Task Force on 21st Century Policing highlighted a fundamental change in the issues dominating discussions about policing in America. That change has moved discussions away from a focus on what is legal or effective in crime control and toward a concern for how the actions of the police influence public trust and confidence in the police. This shift in discourse has been motivated by two factors-first, the recognition by public officials that increases in the professionalism of the police and dramatic declines in the rate of crime have not led to increases in police legitimacy, and second, greater awareness of the limits of the dominant coercive model of policing and of the benefits of an alternative and more consensual model based on public trust and confidence in the police and legal system. Psychological research has played an important role in legitimating this change in the way policymakers think about policing by demonstrating that perceived legitimacy shapes a set of law-related behaviors as well as or better than concerns about the risk of punishment. Those behaviors include compliance with the law and cooperation with legal authorities. These findings demonstrate that legal authorities gain by a focus on legitimacy. Psychological research has further contributed by articulating and demonstrating empirical support for a central role of procedural justice in shaping legitimacy, providing legal authorities with a clear road map of strategies for creating and maintaining public trust. Given evidence of the benefits of legitimacy and a set of guidelines concerning its antecedents, policymakers have increasingly focused on the question of public trust when considering issues in policing. The acceptance of a legitimacy-based consensual model of police authority building on theories and research studies originating within psychology illustrates how psychology can contribute to the development of evidence

  11. Retributive and restorative justice.

    Science.gov (United States)

    Wenzel, Michael; Okimoto, Tyler G; Feather, Norman T; Platow, Michael J

    2008-10-01

    The emergence of restorative justice as an alternative model to Western, court-based criminal justice may have important implications for the psychology of justice. It is proposed that two different notions of justice affect responses to rule-breaking: restorative and retributive justice. Retributive justice essentially refers to the repair of justice through unilateral imposition of punishment, whereas restorative justice means the repair of justice through reaffirming a shared value-consensus in a bilateral process. Among the symbolic implications of transgressions, concerns about status and power are primarily related to retributive justice and concerns about shared values are primarily related to restorative justice. At the core of these processes, however, lies the parties' construal of their identity relation, specifically whether or not respondents perceive to share an identity with the offender. The specific case of intergroup transgressions is discussed, as are implications for future research on restoring a sense of justice after rule-breaking.

  12. Civilisation of Criminal Justice: Restorative Justice amongst other strategies

    NARCIS (Netherlands)

    J.R. Blad (John)

    2013-01-01

    markdownabstract__Abstract__ Is criminal justice becoming more and uncivilised if so, how could this be explained? Could Is criminal justice becoming more and uncivilised if so, how could this be explained? Could Is criminal justice becoming more and uncivilised if so, how could this be

  13. THEORETICAL AND JURISPRUDENTIAL ASPECTS CONCERNING THE CONSTITUTIONALITY OF THE COURT APPEAL ON POINTS OF LAW

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-05-01

    Full Text Available The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the High Court of Cassation and Justice has the attribution to ensure the unitary interpretation of the law by the law courts. Thus are analyzed the constitutional nature consequences of this institution, the limits of compulsoriness of law interpretations given by the Supreme Court through the decisions ruled on this procedure, and also the relationship between the decisions of the Constitutional Court, respectively the decisions of the High Court of Cassation and Justice given for resolving the appeals on points of law. The recent jurisprudence of the Constitutional Court reveals new aspects regarding the possibility to verify the constitutionality of the decisions given in this matter.

  14. Global Justice: Building International and Supranational Structures on the Basis of Fundamental Rights

    Directory of Open Access Journals (Sweden)

    Edgar Lammertse

    2017-01-01

    Full Text Available This article is intended to share a few thoughts, notions and questions about regulatory and governmental structures, both national and international, with regard to the development of global justice. It will highlight the issue whether or not local wisdom can contribute to global justice. In addition, this writing will discover legal problems that arise from the idea of global society and global justice by analyzing jurisdictional aspects and by explaining a little bit about dematerialization of crime, as it has been affected by the changing of communities’ behavior in global contexts after the era of computer and information and communication technology (ICT. Progressive development in Europe, especially regarding the European Union Law, will also be explored in order to describe the respect for fundamental rights in this region.

  15. 75 FR 18831 - National Environmental Justice Advisory Council; Notification of Public Teleconference and Public...

    Science.gov (United States)

    2010-04-13

    ... Act (FACA), Public Law 92-463, the U.S. Environmental Protection Agency (EPA) hereby provides notice... liaisons to the Tribal Operations Commission and the Children's Health Protection Advisory Committee School... ENVIRONMENTAL PROTECTION AGENCY [FRL-9136-1] National Environmental Justice Advisory Council...

  16. Equality and Tax Law : A Matter of Principle

    NARCIS (Netherlands)

    Gribnau, J.L.M.; Happé, R.H.

    2005-01-01

    Nowadays, tax legislation provides fewer safeguards as regards general principles of justice such as legal certainty, equality, impartiality and neutrality. This article shows that the concept of checks and balances is indispensable in tax law. By reviewing tax legislation, the Netherlands Supreme

  17. Law and Order or Global Disorder

    Directory of Open Access Journals (Sweden)

    Bidzina SAVANELI

    2013-08-01

    Full Text Available Substantial problem of Humankind is at the junction of Philosophy, Sociology and Jurisprudence. Based on my attempt to harmonize philosophies of Kant, Hegel and Husserl, and studies of famous legal scholars Bentham, Ostin, Holmes, Kelsen, Ehrlich, Reinach, Hart, Llevellin, Kardozo, David, Dworkin, Rawls concerning the problems of public law, private law, comparative law, justice, human rights, post-modernism, and Georgian philosophical, sociological and legal traditions since XII century, I discovered a synergetic model of dialectical, spiral, evolutionary and mutual transformation of irrationalism and rationalism as the effective method of conflicts prevention and peacefully resolution at the International, Regional, National and Local levels under the auspice of Bill of Human Rights.

  18. Corrective Justice vs. Social Justice in the Aftermath of War

    Directory of Open Access Journals (Sweden)

    Pablo Kalmanovitz

    2010-11-01

    Full Text Available How do we justify the practice of corrective justice for losses suffered during armed conflicts? This article seeks to show the force and relevance of this question, and to argue that, in cases of massively destructive wars, social justice should gain priority over corrective justice. Starting from a liberal Rawlsian conception of the relationship between corrective and social justice, it is argued that, paradoxically, the more destructive a war is, the less normative force corrective rights have and the higher priority policies of social justice, which guarantee basic rights to all citizens, should have.

  19. EuGH: Innocuousness of the nuclear fuel tax according to the European community law

    International Nuclear Information System (INIS)

    Anon.

    2015-01-01

    The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June. The ECJ has now, for the first time, made a clear decision on the admissibility of preliminary ruling proceedings referred to the ECJ and to the domestic constitutional court in parallel: Article 267 TFEU not only entitles the domestic court but even obliges it to submit issues that are decisive for the dispute to the European Court of Justice for interpretation or a decision on the applicability of European law. Such an obligation and the issue of incompatibility with European law did not depend on whether the same provision had been submitted to the domestic court for review or not. After all, even if a provision has been declared unconstitutional under domestic law it will still remain applicable for a certain period of time.

  20. Can a Patriarchal World Be Corrected by a Criminal Law? Feminist Struggles, Penal Justice and Legal Reform in France (1970–1980

    Directory of Open Access Journals (Sweden)

    Jean Bérard

    2016-03-01

    Full Text Available This article describes (1 the relationship between the demands made by feminist movements of the 1970s in cases of sexual violence and criticism of the criminal justice system by these movements and other groups, including the prisoners’ movement; and (2 the relationship between this debate and the legal process of reforming the definition and punishment of rape. Two periods are analyzed. In the early 1970s, the common cause of very different movements targeting the law was the priority given to the defense against forms of repression and disciplinary institutions. After 1975, the demands of feminist and prisoner movements diverged and even conflicted. One camp called for an offensive approach to changing the legal punishment of rape whereas the other camp fought against penal reforms imposed by the government and, more specifically, against long sentences.

  1. Review of Administrative Justice in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Islam Pepaj

    2015-07-01

    Full Text Available The present paper aims to provide a real view of adjudication of administrative cases in Kosovo. The issue of adjudication of administrative cases in the Republic of Kosovo remains a challenge following justice reforms which began in 2013 and are still on-going. Kosovo as a new country faces difficulties in professionalization of public administration and this is closely related to large number of case that are subject of judicial review which is not a case with other countries which have longer experience in public administration. In this context, more attention has been paid to review of administrative acts and issues with special focus on judicial review, following with legal remedies, administration silence as cause of judicial review. The paper also contains information about administrative justice in Kosovo before and 2013, and its current state. New court structure brought with New Law on Courts which entered into force in 2013 affected administrative justice substantially. In the previous system, Kosovo Supreme Court was the only instance handling administrative disputes. In this regard, the issue of effective legal remedies was not in place as required by international standards. However, new court structure brought significant changes regarding legal remedies in administrative justice by setting up three court instances; Administrative departments within Prishtina Basic Court and Appellate Court as well as Supreme Court extraordinary legal remedies review.

  2. The Reception of Aristotle’s Account of Natural Justice in the First Third of the 14th Century: Brito, Burley and Odonis

    Directory of Open Access Journals (Sweden)

    Joaquín García-Huidobro

    2017-05-01

    Full Text Available The medieval commentators of the Nicomachean Ethics paid special attention to the Aristotelian distinction between things that are just by nature and things that are just by law. This paper examines how three commentators from the first half of the 14th century understood this text: Radulfus Brito, Walter Burley and Geraldus Odonis. The interpretations of the first two was notoriously influenced by that of Aquinas, in spite of the Condemnation of 1277, since they understood Natural Justice in terms of Aquinas’s theory of Natural Law. On his part, Odonis, who was the first Franciscan to write a commentary on the Ethics, is more original, as evidenced in (i his idea that in all manifestations of Legal Justice there are always underlying natural elements; (ii his concern to link Aristotle’s teaching on Natural Justice with certain Platonic themes; and by (iii his rather convincing analyses of the examples that Aristotle offers when addressing the possibility of change in both things that are just by nature and things that are just by law.

  3. Contemporary Transitional Justice

    DEFF Research Database (Denmark)

    Gissel, Line Engbo

    2017-01-01

    This article studies the contemporary expression of transitional justice, a field of practice through which global governance is exercised. It argues that transitional justice is being normalised, given the normative and empirical de-legitimisation of its premise of exceptionalism. The article...... theorises exceptionalism and normalcy in transitional justice and identifies three macro-level causes of normalisation: the legalisation, internationalisation, and professionalization of the field. This argument is illustrated by a study of Uganda’s trajectory of transitional justice since 1986. Across five...... phases of transitional justice, processes of legalisation, internationalisation, and professionalization have contributed to the gradual dismantling of the country’s exceptional justice. The case demonstrates, further, that normalization is a contested and incomplete process....

  4. : tous les projets | Page 452 | CRDI - Centre de recherches pour le ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Sujet: INTERNATIONAL MIGRATION, RURAL URBAN MIGRATION, MIGRANT WORKERS, WOMEN WORKERS, MIGRATION LAW, MIGRATION POLICY, LEGAL PROTECTION. Région: North of Sahara, South of Sahara, Mali, Senegal. Programme: Gouvernance et justice. Financement total : CA$ 366,600.00. Femmes ...

  5. 75 FR 47627 - Notice of Lodging of Proposed Consent Decree With Hoosier Energy Rural Electric Cooperative, Inc...

    Science.gov (United States)

    2010-08-06

    ..., DC 20044-7611, and should refer to United States v. Hoosier Energy Rural Electric Cooperative, Inc... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree With Hoosier Energy Rural Electric Cooperative, Inc. Under The Clean Air Act Pursuant to 28 CFR 50.7, notice is hereby given that on...

  6. Decision or norm: Judicial discretion as a treat to the rule of law

    Directory of Open Access Journals (Sweden)

    Avramović Dragutin

    2012-01-01

    Full Text Available Principle of legality and legal certainty, as key notions even of the thinnest concept of rule of law, are largely endangered in our times by widening of judicial discretion range. That trend is more and more at hand in European states as well, due to convergence of common law and civil law legal systems. Judicial decision acquires higher and higher factual importance in European legal systems, although it is generally not considered as a source of law. After analysis of standings by leading scholars of legal realism theory, the author admits that a very high level of tension frequently exists between judicial decision and legal norm. Within that conflict often and relatively easy decision succeeds to tear off by the strict letter of the law. In application of general legal rules upon concrete case, by creative adjustment of the law to life, due to necessary general and abstract character of legal norms, judge becomes more creator of law, rather than the one who applies it. The author points to danger of subjective and prejudiced attitudes of the judges, as they, due to their wide discretion, make a decision more upon their own feeling of justice, rather than upon law itself. In that way the law transforms itself in judicial decision based upon subjective understanding of justice and fairness.

  7. 1992 yearbook of environmental and technology-related law

    International Nuclear Information System (INIS)

    Schroeder, M.

    1992-01-01

    The 1992 and sixth edition of this yearbook contains papers on environmental and technology-related law in the European Communities and the Federal Republic of Germany including among other things information on the latest jurisdiction by the European Court of Justice; insurability of environmental damage; scientific aspects of limit values. There are also treatises on non-German and comparative as well as international environmental and technology- related law which deal among other things with atomic and immission protection law and on harmonization and codification from a general point of view. Finally, some papers report on developments of national and European environmental and technology-related law. Three of the fifteen contributions have been abstracted separately. (HSCH) [de

  8. Internal and international commercial arbitration as a private form of law enforcement

    Directory of Open Access Journals (Sweden)

    Sergey Kurochkin

    2017-01-01

    Full Text Available УДК 347.918The subject. The issues of the arbitration’s place in the civil justice system as well as its place in a whole system of social governance in the scope of Russian arbitration reform.The purpose of the article is to provide a comprehensive analysis of internal and international commercial arbitration as a peculiar form of private law enforcement, as well as to present a doctrinal description of the arbitration’s role in law enforcement system and its managerial impact mechanism.Methodology. Research of general functions of law enforcement in social governance. Essential features of arbitration and basic foundations of civil litigation also have been compared.The results and the scope of its application. The results are both doctrinal and practical. Domestic and international commercial arbitration can be considered as a peculiar form of managerial impact, as a subsystem of civil justice subordinated to general patterns of the social governance. Arbitration is a special, private on its origin, form of managerial impact, whereas arbitration tribunal is an independent nongovernmental element of the social governance system. Despite the fact of its private origin arbitration is in full measure a law enforcement activity. Theoretical comparison of arbitration’s substance with civil litigation became a convincing proof of the existence of public elements in a private segment of civil justice system.Conclusions. Application of law by arbitration tribunals, both domestic and international, has the imperious character. Arbitration is a legal activity, private on its origin and to a great extent public by its essence. It embraces the expansion of general legal directions on individual social relationships by means of making arbitral awards which are law enforcement acts of individual character.

  9. THE IMPORTANCE OF LAW AND ECONOMICS IN THE CONTEMPORARY ECONOMIC REALITY

    OpenAIRE

    Pomaskow, Joanna

    2015-01-01

    The law and economics movement can improve the functioning of companies doing business in the contemporary, rapidly changing, reality. The tensions between the idea of efficiency and the idea of justice cause difficulties in the application of tools which are proposed by the representatives of the law and economics movement in legal solutions. Economics proposes a new, fresh look at the law, which makes it easier to assess and influence the growth of its transparency. Perspective can therefor...

  10. The Arizona Education Tax Credit and Hidden Considerations of Justice: Why We Ought To Fight Poverty, Not Taxes.

    Science.gov (United States)

    Moses, Michele S.

    2000-01-01

    Describes the Arizona education tax credit law as a voucher plan in disguise, and argues that the concept of justice underlying the law is an element largely missing from the school choice debate. Calls on educators and policymakers to concentrate on efforts to help needy students rather than to channel tax dollars toward self-interested ends.…

  11. Environmental law. Important laws and ordinances for environmental protection. As of July 1, 1989. 5. rev. and enlarged ed.

    International Nuclear Information System (INIS)

    1989-01-01

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment.The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (orig.) [de

  12. A right to truth, justice and a remedy for African victims of serious ...

    African Journals Online (AJOL)

    A right to truth, justice and a remedy for African victims of serious violations of international humanitarian law. Avril McDonald. Abstract. No Abstract. Full Text: EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · AJOL African Journals Online. HOW TO USE AJOL.

  13. 28 CFR 29.5 - Notification of law enforcement officials.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Notification of law enforcement officials. 29.5 Section 29.5 Judicial Administration DEPARTMENT OF JUSTICE MOTOR VEHICLE THEFT PREVENTION ACT... program and with the conditions under which motor vehicles may be stopped. ...

  14. Laverne A. Jacobs & Justice Anne L. Mactavish, eds., Dialogue Between Court And Tribunals – Essays In Administrative Law And Justice (2001- 2007

    Directory of Open Access Journals (Sweden)

    Gerald P. Heckman

    2009-10-01

    Full Text Available “Dialogue between Courts and Tribunals,” a title that could describe the interplay between judges and decision-makers in the context of the judicial review of administrative decisions, in fact refers to a series of annual roundtables organized by the Canadian Institute for the Administration of Justice [CIAJ].

  15. Association of rule of law and health outcomes: an ecological study

    Science.gov (United States)

    Pinzon-Rondon, Angela Maria; Attaran, Amir; Botero, Juan Carlos; Ruiz-Sternberg, Angela Maria

    2015-01-01

    Objectives To explore whether the rule of law is a foundational determinant of health that underlies other socioeconomic, political and cultural factors that have been associated with health outcomes. Setting Global project. Participants Data set of 96 countries, comprising 91% of the global population. Primary and secondary outcome measures The following health indicators, infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, were included to explore their association with the rule of law. We used a novel Rule of Law Index, gathered from survey sources, in a cross-sectional and ecological design. The Index is based on eight subindices: (1) Constraints on Government Powers; (2) Absence of Corruption; (3) Order and Security; (4) Fundamental Rights; (5) Open Government; (6) Regulatory Enforcement, (7) Civil Justice; and (8) Criminal Justice. Results The rule of law showed an independent association with infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, after adjusting for the countries’ level of per capita income, their expenditures in health, their level of political and civil freedom, their Gini measure of inequality and women's status (pconstitute a structural barrier to health improvement. PMID:26515684

  16. The Tensions between Internal and External Multilateralism in the Case Law of the Court of Justice of the European Union Concerning International Agreements

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2016-01-01

    The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within the frame......The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within...... to multilateralism externally appears problematic. This chapter examines the articulation between this internal and external multilateralism of the EU in the case-law of the Court of Justice of the EU (CJEU). It asks the question whether the main tool of legal interpretation deployed by the Court – teleological...

  17. KEBERADAAN KONSEP RULE BY LAW (NEGARA BERDASARKAN HUKUM DIDALAM TEORI NEGARA HUKUM THE RULE OF LAW

    Directory of Open Access Journals (Sweden)

    Made Hendra Wijaya

    2013-11-01

    Full Text Available This research titled, the existence of the concept of rule by law (state law within thestate theories of law the rule of law, which is where the first problem: How can theadvantages of Rule by Law in the theory of law Rule of Law?, How is the dis advantages of aconcept of Rule by law in the theory of law Rule of Law.This research method using the method of normative, legal research that examines thewritten laws of the various aspects, ie aspects of the theory, history, philosophy, comparative,structure and composition, scope, and content, consistent, overview, and chapter by chapter,formality, and the binding force of a law, and the legal language used, but did not examine orimlementasi applied aspects. By using this approach of Historical analysis and approach oflegal conceptual analysis.In this research have found that the advantages of the concept of Rule by Law lies in theproviding of certainty, can also be social control for the community, thus ensuring all citizensin good order at all reciprocal relationships within the community. And Disadvantages of theconcept of Rule by Law if the Law which legalized state action is not supported by democracyand human rights, and the principles of justice, there will be a denial of human rights,widespread poverty, and racial segregation, and if the law is only utilized out by theauthorities as a means to legalize all forms of actions that violate human can inflicttotalitarian nature of the ruling

  18. International criminal justice and the erosion of sovereignty

    Directory of Open Access Journals (Sweden)

    Miguel de Serpa Soares

    2013-11-01

    Full Text Available The author states that any form of international justice always represents a means of limiting national sovereignty. In the case of International Criminal Law, this limiting is even more evident by compromising elements essential to the classical paradigm of International Law, as for example the punishing monopoly of States or the concept of a quasi-absolute State sovereignty. International criminal tools, crimes, sentences, jurisdictions, are all able to be, at least partially, a legal alternative to the issues of peace-keeping and national security, exclusively political and diplomatic. This alternative inevitable leads to tensions with a power structure that has not been altered since 1945. However, for this legal criminal alternative to be put in place, a long period of maturation will be required based on irrefutable technical and legal credibility.

  19. “Bread and Roses”: Economic Justice and Constitutional Rights

    Directory of Open Access Journals (Sweden)

    Colleen Sheppard

    2015-03-01

    Full Text Available Socio-economic inequality and poverty constitute critical human rights challenges in an increasingly globalized world. Not only do they result in material inequities that affect everyday life; they also undermine psychological and social wellbeing. In this article, issues of economic injustice and social exclusion are examined through the lens of constitutional rights. It explores three different dimensions of the nexus between economic justice and constitutionalism, including: (i the role of law in creating socio- economic inequality and poverty; (ii the extent to which economic justice is addressed at the interstices of civil and political rights and freedoms; and (iii the potential for the concept of social inclusion to assist in the reimagining of constitutional law and economic justice. La desigualdad socioeconómica y la pobreza constituyen desafíos críticos a los derechos humanos en un mundo cada vez más globalizado. No sólo dan lugar a desigualdades materiales que afectan a la vida cotidiana, sino que también socavan el bienestar psicológico y social. En este artículo se analizan los problemas de la injusticia económica y la exclusión social a través del prisma de los derechos constitucionales. Se exploran tres dimensiones diferentes del nexo entre justicia económica y constitucionalismo, incluyendo: (i el papel del derecho en la creación de desigualdad socioeconómica y pobreza; (ii el grado en que la justicia económica se aborda en los intersticios de los derechos y libertades civiles y políticos; y (iii el potencial del concepto de inclusión social para ayudar en la reinvención de la ley constitucional y la justicia económica. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2571246

  20. Justice and Negotiation.

    Science.gov (United States)

    Druckman, Daniel; Wagner, Lynn M

    2016-01-01

    This review article examines the literature regarding the role played by principles of justice in negotiation. Laboratory experiments and high-stakes negotiations reveal that justice is a complex concept, both in relation to attaining just outcomes and to establishing just processes. We focus on how justice preferences guide the process and outcome of negotiated exchanges. Focusing primarily on the two types of principles that have received the most attention, distributive justice (outcomes of negotiation) and procedural justice (process of negotiation), we introduce the topic by reviewing the most relevant experimental and field or archival research on the roles played by these justice principles in negotiation. A discussion of the methods used in these studies precedes a review organized in terms of a framework that highlights the concept of negotiating stages. We also develop hypotheses based on the existing literature to point the way forward for further research on this topic.

  1. Recommendations to bridge rural/urban drug-use(r) research and practice.

    Science.gov (United States)

    Leukefeld, C G; Edwards, R W

    1999-01-01

    This article presents recommendations developed by a group of United States drug-use(r) researchers interested in rural and urban research and practice who met in Lexington, Kentucky, in October 1996. Overall, there was consensus about the importance of better understanding the urban/rural drug and alcohol use/dependency continuum. It was emphasized that drug and alcohol use/dependency are chronic and relapsing disorders. Definitions of rural and urban are most important, and different definitions may be associated with factors that are masked by population density. Specific recommendations are presented in the following areas: Rural Factors, Epidemiology, HIV/AIDS, Treatment and Other Services, Migration, Youth, Protective Factors, Systems Perspective, Measurement, Confidentiality, Criminal Justice, Research, Policy Research, Economic Factors, Service Providers, and Managed Care.

  2. Bonded Labour and its Roots in Rural Sphere: An Analysis by Criticality Gaps in the Brazilian Agricultural Law

    Directory of Open Access Journals (Sweden)

    Ana Carolina Amaral de Pontes

    2016-10-01

    Full Text Available Relations between the Agrarian Law and slave labor phenomenon derived from situations of oppression in rural work sometimes are invisibilized by the agrarian academic debate. It is necessary to analyze the Brazilian identity of land property for an interconnected approach to the bonded labour. The exit from legalistic bubble to recognize its relation to the genesis and maintenance of slave labor is our focus. Other regulations, either the CF in 1988 cannot able to eradicate slavery, "updated" in contemporary mold. The uncritical view of agrarian institutes cause false aseptic realities of the Brazilian context, is our approach.

  3. Feasibility of energy justice: Exploring national and local efforts for energy development in Nepal

    International Nuclear Information System (INIS)

    Islar, Mine; Brogaard, Sara; Lemberg-Pedersen, Martin

    2017-01-01

    The energy justice framework serves as an important decision-making tool in order to understand how different principles of justice can inform energy systems and policies. The realization of the urgency of providing modern energy technology and services particularly to rural areas has prompted both the Nepalese government and development institutions to focus on community-run renewable energy facilities. It is argued that off-grid and micro-scale energy development offers an alternative path to fossil-fuel use and top-down resource management as they democratize the grid and increase marginalized communities' access to renewable energy, education and health care. However, Nepal's energy development is also heavily influenced by demands from the fast-growing economies of neighboring countries such as China and India. As a result, this article evaluates the Nepalese national energy policies by applying the key aspects of the energy justice framework and showing the feasibility constraints due to geopolitical and biophysical factors to the implementation of energy just policies in this developing country context. The empirical evidence is derived from interviews during a one-month fieldwork in the Lalitpur and Katmandu districts of Nepal, site-visits, discourse analysis of expert statements, government policies and newspaper articles as well literature review on peer-review articles. - Highlights: • Energy justice framework can be used as a decision-making tool. • Energy transitions need to be understood from multiple perspectives. • Justice principles may face geopolitical, biophysical and ethical feasibility constraints. • The implementation of energy justice principles requires attention to the problem of agency.

  4. Administrative Law in the Andean Community of Nations

    Directory of Open Access Journals (Sweden)

    Jorge Enrique Santos Rodríguez

    2013-12-01

    Full Text Available One of the contemporary tendencies of Administrative Law is the recognition of its existence beyond the borders of a State. Under such premise, this paper aims to demonstrate that in the Andean Community of Nations sufficient elements to consider the existence of an Andean administrative Law. In the Andean statutes and rules, it is possible to identify an administrative function, as well as an administrative organization inside the Andean Integration System; and a system of Andean administrative rules and an administrative justice system.

  5. Sfera Politicii's Archive - The Antisemitic Laws During Antonescu's Regime

    Directory of Open Access Journals (Sweden)

    Alexandru Florian

    2011-11-01

    Full Text Available The racial legislation marks its debut in Romania during the dictatorship of Carol II. In the beginning of August, 1940, the Law-Decree no. 2650 concerning the judicial status of Jewish inhabitants of Romania inaugurated the road towards the transformation of anti-Semitism into state politics. This Law-Decree, inspired by the racial laws of Nurenberg, ascertains three categories of Jews on which it imposes economic, social, educational and political restrictions. The classification principle is racial (the kinship level and religious (the affiliation to the mosaic religion. The supporting letter for this law, signed by Minister of Justice Ion. V Gruia, set up the principles of a totalitarian, ethnicist and racial state.

  6. Justice seems not to be for all: Exploring the scope of justice

    OpenAIRE

    Lima-Nunes, Aline; Pereira, Cícero Roberto; Correia, Isabel

    2013-01-01

    The idea that “justice is for everyone” seems to be over. A justice perception can have unfair consequences for those who are perceived not to be included within the boundaries of fairness. This is what the scope of justice is all about: who is within and who is outside of the “justice boundaries”. This paper intends to clarify the concept and explain how social psychologists work with it in real-life contexts. We argue that the scope of justice is a key concept that helps us to understand a ...

  7. How to study the history of European law?

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    This paper has a double purpose. On the one hand, it offers a new history, based on recently discovered primary sources, of the driving forces behind the so-called ‘constitutionalisation’ of European law taking place in 1963-64. On the other hand, it uses the lessons of this new history to reflect...... on how a general history of European law should be written and in particular how to avoid the pitfalls that characterises mainstream research on European law. In the first part it is argued that the ‘constitutionalisation’ of European law was promoted by a broad coalition beyond the Court of Justice...... the ‘constitutionalisation’ of European law in the 1960s. This is in particular the case with the ‘integration-through-law’ paradigm that permeates most of the writing on European law even today. Concluding, it is argued that a general history of European law should avoid the adoption of mainstream conceptualisations...

  8. Development of the common law in view of Sections 39(2) and 173 ...

    African Journals Online (AJOL)

    The common (or non-statutory) law has also retained its position, subject however to the superior courts' inherent power, or rather their obligation in terms of section 173 of the Constitution, to develop the common law taking into account the interests of justice. The courts have for a long time had the task of developing the ...

  9. The Expanded Application of Forensic Science and Law Enforcement Methodologies in Army Counterintelligence

    Science.gov (United States)

    2017-09-01

    enforcement (LE) capabilities during the investigation of criminal offenses has become commonplace in the U.S. criminal justice system . These... system , and FORENSICS AND LAW ENFORCEMENT IN ARMY COUNTERINTELLIGENCE 22 would likely need to go to their local Army CID or military police...THE EXPANDED APPLICATION OF FORENSIC SCIENCE AND LAW ENFORCEMENT METHODOLOGIES IN ARMY COUNTERINTELLIGENCE A RESEARCH PROJECT

  10. 29 CFR 2704.307 - Decision of administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Decision of administrative law judge. 2704.307 Section 2704.307 Labor Regulations Relating to Labor (Continued) FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS Procedures for Considering...

  11. Pedagogy for rural health.

    Science.gov (United States)

    Reid, Stephen J

    2011-04-01

    As the body of literature on rural health has grown, the need to develop a unifying theoretical framework has become more apparent. There are many different ways of seeing the same phenomenon, depending on the assumptions we make and the perspective we choose. A conceptual and theoretical basis for the education of health professionals in rural health has not yet been described. This paper examines a number of theoretical frameworks that have been used in the rural health discourse and aims to identify relevant theory that originates from an educational paradigm. The experience of students in rural health is described phenomenologically in terms of two complementary perspectives, using a geographic basis on the one hand, and a developmental viewpoint on the other. The educational features and implications of these perspectives are drawn out. The concept of a 'pedagogy of place' recognizes the importance of the context of learning and allows the uniqueness of a local community to integrate learning at all levels. The theory of critical pedagogy is also found relevant to education for rural health, which would ideally produce 'transformative' graduates who understand the privilege of their position, and who are capable of and committed to engaging in the struggles for equity and justice, both within their practices as well as in the wider society. It is proposed that a 'critical pedagogy of place,' which gives due acknowledgement to local peculiarities and strengths, while situating this within a wider framework of the political, social and economic disparities that impact on the health of rural people, is an appropriate theoretical basis for a distinct rural pedagogy in the health sciences.

  12. THE PRINCIPLES OF LAW. PHILOSOPHICAL APPROACH

    Directory of Open Access Journals (Sweden)

    MARIUS ANDREESCU

    2013-05-01

    Full Text Available Any scientific intercession that has as objective, the understanding of the significances of the “principle of law” needs to have an interdisciplinary character, the basis for the approach being the philosophy of the law. In this study we fulfill such an analysis with the purpose to underline the multiple theoretical significances due to this concept, but also the relationship between the juridical principles and norms, respectively the normative value of the principle of the law. Thus are being materialized extensive references to the philosophical and juridical doctrine in the matter. This study is a pleading to refer to the principles, in the work for the law’s creation and applying. Starting with the difference between “given” and ‘constructed” we propose the distinction between the “metaphysical principles” outside the law, which by their contents have philosophical significances, and the “constructed principles” elaborated inside the law. We emphasize the obligation of the law maker, but also of the expert to refer to the principles in the work of legislation, interpretation and applying of the law. Arguments are brought for the updating, in certain limits, the justice – naturalistic concepts in the law.

  13. Russian Model Of The Administrative Justice

    Directory of Open Access Journals (Sweden)

    Natalja I. Jaroshenko

    2014-12-01

    Full Text Available On December 25, 2014 it would be twenty-one year since the Constitution of the Russian Federation was adopted on the national referendum on December 12, 1993. During this time, almost all constitutional provisions are implemented. The key point of course was the judicial reform in Russia, launched simultaneously with the adoption of Constitution of the Russian Federation. Adopted the new Civil Procedural Code, Criminal Procedural Code, Arbitration Procedural Code of the Russian Federation, Federal Constitutional Law "On the Constitutional Court of the Russian Federation", Federal Constitutional Law "On the courts of general jurisdiction in Russia", Federal Constitutional Law "On the Supreme Court of the Russian Federation". However, during twenty-one year of Russian Constitution work, the question on establishment of administrative courts in our country has not been resolved. Merger of the Supreme Court and the Supreme Arbitration Court of the Russian Federation, which happened in the year 2014, also shown the need to resolve the status of administrative courts in Russia. Previously submitted to the State Duma of the Federal Assembly of the Russian Federation the draft of the Federal Constitutional Law "On the Federal Administrative Courts in the Russian Federation" and is on the revision, which does not correspond to changes in the judicial system of the Russian Federation. Despite the failure of the Federal Constitutional Law "On the Federal Administrative Courts in the Russian Federation", in the opinion of the author, and it should be called that way, it Russia has already developed an own model of the Russian administrative justice, which is very specific.

  14. Justice delayed is justice denied: Protecting Miners against ...

    African Journals Online (AJOL)

    Justice delayed is justice denied: Protecting Miners against Occupational ... of section 35 of Compensation for Occupational Injuries and Diseases Act 130 of ... of the Mankayi case for the system of occupational health and safety in South Africa. ... KEYWORDS: Occupational health; diseases; injuries; employees; protection; ...

  15. Justice in the Forest: Rural Livelihood and Forest Law Enforcement ...

    African Journals Online (AJOL)

    countries (Bolivia, Cameroon, Canada, Honduras, Indonesia and Nicaragua) to help think through these legal issues in practice and in different contexts. The studies were coordinated and reports synthesized into the present final report. The findings of the report can be summarized in the following thematic areas: ...

  16. The impact of emotional intelligence on work engagement of registered nurses: the mediating role of organisational justice.

    Science.gov (United States)

    Zhu, Yun; Liu, Congcong; Guo, Bingmei; Zhao, Lin; Lou, Fenglan

    2015-08-01

    To explore the impact of emotional intelligence and organisational justice on work engagement in Chinese nurses and to examine the mediating role of organisational justice to provide implications for promoting clinical nurses' work engagement. The importance of work engagement on nurses' well-being and quality of care has been well documented. Work engagement is significantly predicted by job resources. However, little research has concentrated simultaneously on the influence of both personal and organisational resources on nurses' work engagement. A descriptive, cross-sectional design was employed. A total of 511 nurses from four public hospitals were enrolled by multistage sampling. Data collection was undertaken using the Wong and Law Emotional Intelligence Scale, the Organizational Justice questionnaire and the Utrecht Work Engagement Scale-9. We analysed the data using structural equation modelling. Emotional intelligence and organisational justice were significant predictors and they accounted for 44% of the variance in nurses' work engagement. Bootstrap estimation confirmed an indirect effect of emotional intelligence on work engagement via organisational justice. Emotional intelligence and organisational justice positively predict work engagement and organisational justice partially mediates the relationship between emotional intelligence and work engagement. Our study supports the idea that enhancing organisational justice can increase the impact of emotional intelligence. Managers should take into account the importance of emotional intelligence and perceptions of organisational justice in human resources management and apply targeted interventions to foster work engagement. © 2015 John Wiley & Sons Ltd.

  17. 28 CFR 16.130 - Exemption of Department of Justice Systems: Correspondence Management Systems for the Department...

    Science.gov (United States)

    2010-07-01

    ...) Subsection (d)(2). Amendment of the records would interfere with ongoing criminal or civil law enforcement... Act, Privacy Act and Mandatory Declassification Review Requests and Administrative Appeals for the... of Justice (DOJ-003); Freedom of Information Act, Privacy Act and Mandatory Declassification Review...

  18. Co-workers' Justice Judgments, own Justice Judgments and Employee Commitment: A multi-foci approach

    Directory of Open Access Journals (Sweden)

    Florence Stinglhamber

    2008-06-01

    Full Text Available Using a sample of 212 employees, we conducted a study to examine whether employees use their co-workers' fairness perceptions to generate their own justice judgments and to develop their subsequent affective commitment. The conceptual framework used to investigate these linkages is social exchange theory combined with a multiple foci approach. Results of the structural equation modeling analyses revealed that co-workers' procedural justice judgments strengthened employee's own procedural justice judgments, which in turn influenced their affective commitment to the organisation. Similarly, co-workers' interactional justice judgments increased employee's own interactional justice judgments, which in turn impacted on their affective commitment to both the supervisor and the organisation. As a whole, findings suggest that coworkers' justice judgments strengthened employee's affective attachments toward the justice sources by reinforcing employee's own justice perceptions.

  19. The Science (Pure) of the Law on Hans Kelsen

    OpenAIRE

    Vianna, José Ricardo Alvarez; Faculdade de Direito da Universidade de Lisboa (FDUL)

    2016-01-01

    The article analyzes the reasons why Kelsen wanted to format a legal science and the criteria and concepts used in this endeavor. Concepts are considered as legal norm and legal proposition, causality and imputation, static and dynamic legal, in addition to the role of the Fundamental Standard in the logical structure of the legal system according to the Pure Theory of Law. They are analyzed also the connections between law, justice and legal science according to Kelsen. Finally, it is intend...

  20. Proposition of law relative to the admission and compensation of nuclear weapons tests victims

    International Nuclear Information System (INIS)

    2008-01-01

    The present proposition of law has for object to come up to the expectations of persons having participated to nuclear weapons test made by France between the 13. february 1960 and the 27 january 1996, in Sahara or French polynesia. The consequences on health can not be ignored even after several decades of years. Decades of veterans have for several years, have got involve in justice procedures to be entitled to obtain compensation in damage repair they assign to the nuclear tests. Some courts of justice have, for years, recognized the legitimacy of these claims and the judgements cite irradiation consequences able to be revealed late even several decades after the radiation exposure. Other states have adopted laws of compensation for the victims of their populations, civil or military ones. That is why this proposition of law comes today to be adopted. (N.C.)

  1. HAKIM AGUNG SEBAGAI AGENT OF CHANGE MENUJU LAW AND LEGAL REFORM

    Directory of Open Access Journals (Sweden)

    Samsul Wahidin

    2017-10-01

    Full Text Available Supreme Court as the nation institution in nation power was the legislative power keeper. The performance in law enforcement had always to adapt the increase of society law. Here, justice was enforced based on society justice feeling. Supreme Court institution was occupied by a person, namely Supreme Judge or judge of the Supreme Court. Supreme Judge as ?God Representative? in the world had to dig and accommodate the justice value in society. In upholding the law and justice, it had to be realized that it was a simultaneous and continuous effort by integrating various components with Supreme Court and supreme judge as the concrete agent. Various components in law enforcement had to integrate in realizing the law goal which processed with space and time. Space gave a chance toward the law action, both one which fitted law and that which broke it.The processing time gave a chance to people to be creative and innovative.In another perspective, integration did not only mean to build power, especially against law violation. The effort which had to be done continuously was to keep renewing the legal source, so the component in realizing the law goal could be renewed, not merely in the meaning as the spirit and all the implications but more than that, up to date renewing had to be done continuously. It became a demand that had to be fulfilled all the time. There was no word ?finish? and there was no term ?final. Process was the form of the finalization itself. ?Mahkamah Agung sebagai lembaga negara dalam sistem kekuasaan negara adalah penjaga kekuasaan legislatif. Kinerjanya dalam penegakan hukum harus senantiasa menyesuaikan dengan perkembangan hukum masyarakat. Di sini keadilan ditegakkan berdasarkan rasa keadilan masyarakat. Kelembagaan Mahkamah Agung diisi oleh person, yaitu Hakim Agung. Hakim Agung sebagai ?wakil Tuhan? di muka bumi, harus senantiasa menggali dan mengakomodasikan nilai keadilan dalam masyarakat. Dalam menegakkan hukum dan keadilan

  2. Environmental protection law of the European Community (EU). Source index and content index including the jurisdiction of the European Court of Justice with actual jurisdiction service and special literature according to the individual legal regulations. 34. ed.; Umweltschutzrecht der Europaeischen Union (EU). Fundstellen- und Inhaltsnachweis, einschliesslich der Rechtsprechung des Europaeischen Gerichtshofes - EuGH; mit aktuellem Rechtsprechungsdienst und Spezialliteratur zu den einzelnen Rechtsvorschriften

    Energy Technology Data Exchange (ETDEWEB)

    Becker, Bernd

    2009-07-01

    The 34th edition of the source index of the environment law of the European Union contains the documentary evidence of the total jurisdiction of the European Court of Justice (Luxemburg) with respect to the following topics: (a) General infrastructure / integral environment law; (b) Nature protection, landscape protection as well as protection of species; (c) Dangerous materials and preparations; (d) Waste management law; (e) Water legislation; (f) environmental traffic law; (g) law of air pollution control of climate protection; (h) noise control; (i) environmental commercial law; (j) environmental law of energy.

  3. Language Management Theory as a Basis for the Dynamic Concept of EU Language Law

    Science.gov (United States)

    Dovalil, Vít

    2015-01-01

    Language law is a tool used to manage problems of linguistic diversity in the EU. The paper analyzes the processes in which language law is found in the discursive practice of agents addressing the Court of Justice of the European Union with their language problems. The theoretical-methodological basis for the research is Language Management…

  4. Campus Sexual Misconduct: Restorative Justice Approaches to Enhance Compliance With Title IX Guidance.

    Science.gov (United States)

    Koss, Mary P; Wilgus, Jay K; Williamsen, Kaaren M

    2014-07-01

    Campus response to sexual violence is increasingly governed by federal law and administrative guidance such as the 1972 Title IX, the 2011 Dear Colleague Letter (DCL), and the 2013 Violence Against Women Act. Educational institutions are directed to expand disciplinary responses and establish coordinated action to eliminate sexual violence and remedy its effects. Compliance fosters a quasi-criminal justice approach not suited to all sexual misconduct and inconsistent with developing practice in student conduct management. This article envisions restorative justice (RJ) enhancements to traditional student conduct processes that maintain compliance, expand options, empower victim choice, and increase responsiveness to DCL aims. The article (1) defines sexual violence and sexual harassment within the DCL scope, (2) elaborates the DCL position on permissible alternative resolutions and differentiates mediation from RJ, (3) sequences action steps from case report to finalization, including both restorative and traditional justice pathways; and (4) discusses building support for innovation beginning with existing campus response. © The Author(s) 2014.

  5. Towards More Synergy in the Interpretation of the Prohibition of Sex Discrimination in European Law?

    NARCIS (Netherlands)

    Burri, S.D.

    2013-01-01

    The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now

  6. Environmental law. 6. rev. and enlarged ed.

    International Nuclear Information System (INIS)

    1991-01-01

    This pocketbook contains major federal regulation on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environments law is devided as follows: Constitutional law on the environment. Common administative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters waste management, protection against nuisances, nuclear energy are radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. The transitional provisons required for estaslishing the unified Germany are given in an annex. (orig.) [de

  7. THE DIALOGUE BETWEEN ADMINISTRATIVE COURT AND COURT OF JUSTICE OF THE EUROPEAN UNION

    Directory of Open Access Journals (Sweden)

    Bosilja Britvić Vetma

    2014-01-01

    Full Text Available This paper discusses the dialogue judges between administrative court and Court of Justice of the European Union, and determines the most important elements of this cooperation. Special attention was given preliminary ruling procedure and position of Croatian administrative courts in it. In the following paper, the relationship between tha national administrative courts, the Courts of Justice of the European Union and the European Court of Human Rights after the Treaty of Lisbon. This paper also discusses the solutions adopted in other countries, special attention was paid to the influence of French administrative law on cooperation (dialogue between the courts due to a strong influence on the development of that cooperation.

  8. 28 CFR 0.51 - Leadership and coordination of nondiscrimination laws.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Leadership and coordination of... DEPARTMENT OF JUSTICE Civil Rights Division § 0.51 Leadership and coordination of nondiscrimination laws. (a... Order 12250 (“Leadership and Coordination of Nondiscrimination Laws”). This delegation does not include...

  9. Sharing Powers Within Exclusive Competences: Rethinking EU Antitrust Law Enforcement

    OpenAIRE

    Van Cleynenbreugel, Pieter

    2016-01-01

    Although the establishment of competition rules forms part of the EU’s exclusive competences, the application and enforcement of those rules has always been shared consistently between the EU and its Member States.The sharing of enforcement powers is conceptualised traditionally as a delegation of the exercise of exclusively conferred competences. The Court of Justice of the European Union’s case law in the context of EU antitrust law enforcement nevertheless raises profound questions as to t...

  10. Changing Rural Paradigms

    DEFF Research Database (Denmark)

    Høst, Jeppe Engset

    2016-01-01

    In this article I will review the historical, cultural and social formation of rural development policies in Denmark and situate these in a Scandinavian context. The review is based on a reading of commission reports, law documents and texts produced by the planners and scholars involved...... paradigm” (OECD 2006) and its implications for ethnological scholars and practitioners of today. In the “new rural paradigm”, bottom-up processes, “place-bound” cultural and historical values are highlighted as essential to local development. This of course empowers the ethnologists, but also put us...

  11. Geographies of justice: preschool-childcare provision and the conceptualisation of social justice

    OpenAIRE

    S L Holloway

    1998-01-01

    During the 1990s geographers of diverse philosophical orientations have shown a renewed interest in questions of justice. The author draws on empirical work on childcare provision in Sheffield, England, in order to evaluate two different approaches to the geography of justice and hence the theories of social justice which lie behind these; in particular she explores the different geographies of childcare produced by the territorial-justice approach, which is based on a liberal conception of s...

  12. The right to counsel of children in conflict with the law: case study in ...

    African Journals Online (AJOL)

    In Ethiopia, even though there is no domestic law which explicitly deal with the right to counsel of children in conflict with the law, various stipulations at both federal and regional level provide that the state bears the responsibility to appoint state funded counsel when miscarriage of justice would result. In Adama, the 2nd ...

  13. Institutions and Mechanisms for Internal Conflict Resolution: Legal and Non-Legal Means in Resolving Dispute and Attaining Justice in Malaysia

    Directory of Open Access Journals (Sweden)

    Khairil Azmin Mokhtar

    2017-03-01

    Full Text Available Seeking justice is a noble cause and dispensing justice is an obligation that the state must fulfill. Under the doctrine of separation of powers courts exist to protect people and their rights, to guarantee fairness and justice for all. The task to combat injustices, produce a just ordering of society, ensure a fair distribution of material and legal resources, safeguard the rule of law, promote equality, ensure proportionality in punishment, and protect entitlements and legitimate expectations should not be put on the shoulders of judges and courts only. It must be spread out and shared by other institutions and by whatever means available

  14. The social and professional structure of international justice: from scholarly insiders to the pull of multinational corporate law firms

    OpenAIRE

    Dezalay, Sara

    2016-01-01

    Where does international justice draw its authority in an international scene largely driven by self-regulated professional markets for the settlement of transnational disputes? To revisit this classical debate, this article connects the professional and social structure of dispute settlement mechanisms to their social credibility among users of international justice. Drawing on extensive biographical databases, it suggests that the growth of investor-state disputes is favoring a shift from a...

  15. 75 FR 78268 - Draft NIJ Selection and Application Guide to Ballistic-Resistant Body Armor for Law Enforcement...

    Science.gov (United States)

    2010-12-15

    ...In an effort to obtain comments from interested parties, the U.S. Department of Justice, Office of Justice Programs, National Institute of Justice (NIJ) will make available to the general public the draft ``NIJ Selection and Application Guide to Ballistic-Resistant Body Armor for Law Enforcement, Corrections, and Public Safety.'' The opportunity to provide comments on this document is open to industry technical representatives, criminal justice agencies and organizations, research, development and scientific communities, and all other stakeholders and interested parties. Those individuals wishing to obtain and provide comments on the draft document under consideration are directed to the following Web site: http://www.justnet.org.

  16. Justice at the millennium: a meta-analytic review of 25 years of organizational justice research.

    Science.gov (United States)

    Colquitt, J A; Conlon, D E; Wesson, M J; Porter, C O; Ng, K Y

    2001-06-01

    The field of organizational justice continues to be marked by several important research questions, including the size of relationships among justice dimensions, the relative importance of different justice criteria, and the unique effects of justice dimensions on key outcomes. To address such questions, the authors conducted a meta-analytic review of 183 justice studies. The results suggest that although different justice dimensions are moderately to highly related, they contribute incremental variance explained in fairness perceptions. The results also illustrate the overall and unique relationships among distributive, procedural, interpersonal, and informational justice and several organizational outcomes (e.g., job satisfaction, organizational commitment, evaluation of authority, organizational citizenship behavior, withdrawal, performance). These findings are reviewed in terms of their implications for future research on organizational justice.

  17. Law in Afghanistan: A Critique of Post-2001 Reconstruction

    Directory of Open Access Journals (Sweden)

    Antonio de Lauri

    2013-03-01

    Full Text Available This article provides a critical reflection on the efforts at legal reconstruction initiated in 2001 by the international community and the Afghan government. Its aim is to highlight some of the more controversial factors that accompany the implementation of a foreign model of justice inspired by the ideology of the rule of law. Following Operation Enduring Freedom and the consequent arrival of various international agencies on Afghan soil, the international community (led by the United States has attempted to bring political stability and democracy to Afghanistan. This endeavor has evolved into a more extensive, and rather controversial, process of reconstruction, which has called into question the mantra of democratization and modernization used to ideologically justify the US-led coalition control of a pro-Western Afghan government. By introducing a reflection on restorative justice and judicial mediation, I argue that the standardization and global circulation of specific models of justice present a series of problems often hidden behind legalistic interpretations. While in Western countries jurists and legal practitioners promote the industry of ‘alternative dispute resolution’ (ADR and emphasize the recourse to mediation and conciliation, in Afghanistan governments and international agencies implement the rule of law, thus condemning and marginalizing customary practices in the resolution of disputes. Once taken away from the rules of the judicial order, judicial mediation becomes caught in a logic of compromise and deteriorates.

  18. Towards More Synergy in the Interpretation of the Prohibition of Sex Discrimination in European Law?
    A Comparison of Legal Contexts and some Case Law of the EU and the ECHR

    Directory of Open Access Journals (Sweden)

    Susanne D. Burri

    2013-01-01

    Full Text Available The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now covers more discrimination grounds, the scope of both EU law and the ECHR non-discrimination provisions has expanded and, in particular in the field of gender equality, there is an impressive body of - in particular EU - case law. National courts are confronted with issues that fall either under the ECHR or the EU provisions or both. Sometimes similar questions are interpreted by both European courts, for example in case of overlapping subject-matters, such as sex discrimination in the field of pensions, social security benefits or parental leave. The paper offers an analysis of the legal contexts and case law of both European systems in some areas that overlap and the main similarities and differences in approaches to sex equality in both systems. The comparison shows that while the ECtHR sometimes allows a gradual abolition of forms of direct sex discrimination, the approach of the Court of Justice is much stricter.

  19. Socio-psychological factors of formation of some elements of justice in students

    Directory of Open Access Journals (Sweden)

    Kalyagin Y.S.

    2014-12-01

    Full Text Available This paper presents the results of a study conducted to identify the relationship of personal qualities of students of Moscow universities, with some elements of justice. The study suggests the existence of the relationship between personal qualities of students and their perceptual attitudes toward the image of a terrorist. In particular, the high intellectual level is associated with a lower propensity to attribute criminal traits such as radicalism, sensitivity, anxiety. It is shown that the level of legal awareness of students is more dependent on social factors, the dominant role of which is presented in the form of training in educational institutions of various kinds. Results of the study show that the training of students in higher education institutions of various kinds of different forms of justice in the context of this rule of law. Results of the study suggest that students lawyers have more active citizenship and severe levels of justice. The article demonstrated the prospects for further research in this direction, the ways of correction proven in the study questionnaire.

  20. From distributive to procedural justice. Justice as a constitutive value of public administration

    Directory of Open Access Journals (Sweden)

    Antonio SANDU

    2016-07-01

    Full Text Available The justice as an ethical value can be considered constitutive for contemporary administrative systems. These ones are asked to transpose into practice the ideal of justice in the community. The functioning of a modern state cannot be conceived without a series of institutions that would guarantee the achievement of justice. The legal system was established specifically to administer justice. Modern democratic systems felt the need for certain courts and extrajudicial procedures to create justice. The institutions required to implement the extrajudicial distribution of justice are part of the public administration, representing a central element of it. The model of a political system based on justice is a minimalist one; the role of the state is limited to making it possible for individuals to follow their own ideal of welfare. Opposed to justice, the ideal of welfare requests the state, and implicitly the administration, to ensure the individual the minimum conditions to live in that community. The minimal state centered on justice is the result of a modern paradigm with post-Kantian reverberations, which emphasize the rationality of human action. If the individual is rational, he only needs fair conditions in order to pursue his own welfare. The role of the administration is to ensure those conditions and to oversee the distribution of goods and services, as well as the distribution and redistribution of added value.

  1. Justice and medical ethics.

    Science.gov (United States)

    Gillon, R

    1985-07-20

    Justice, in the sense of fair adjudication between conflicting claims, is held to be relevant to a wide range of issues in medical ethics. Several differing concepts of justice are briefly described, including Aristotle's formal principle of justice, libertarian theories, utilitarian theories, Marxist theories, the theory of John Rawls, and the view--held, for example, by W.D. Ross--that justice is essentially a matter of reward for individual merit.

  2. Flouting the Law: Vigilante Justice and Regional Autonomy on the Indonesian Border

    Directory of Open Access Journals (Sweden)

    Michael Eilenberg

    2011-01-01

    Full Text Available After the Asian Economic Crisis in 1997 and the fall of president Suharto’s authoritarian regime in 1998, rural and urban Indonesia experienced a surge in vigilante killings and the rise of non-state forms of authorities working within the twilight of legality and illegality, assuming the role of the state. Institutional uncertainty, large-scale decentralisation reforms and the deterioration of formal legal authority in post-New Order Indonesia encouraged these processes. This apparent ‘lawlessness’ became especially evident along the fringes of the Indonesian state where state authority has continuously been contested and in a state of fl ux. This paper argues that observing these processes of lawlessness and vigilantism from the borderlands provides us with an exceptional window to understand the ambiguous relationship between law and order in post-New Order Indonesia. ----- Nach der Asienkrise 1997 und dem Sturz des autoritären Regimes Präsident Suhartos 1998 waren sowohl in den ländlichen Regionen Indonesiens als auch in den Städten eine Zunahme an Bürgerwehrmorden und ein Anwachsen nicht-staatlicher Behörden zu beobachten. Zwischen Legalität und Illegalität übernahmen sie vielfach die Rolle des Staates. Institutionelle Unsicherheiten, groß angelegte Dezentralisierungsreformen und die Verschlechterung der formellen Rechtssprechung förderten nach dem Ende der „Neuen Ordnung“ diese Prozesse. Diese scheinbare Gesetzlosigkeit wurde besonders in den Grenzregionen des indonesischen Staates deutlich, wo die staatliche Autorität permanent in Frage gestellt wird und umstritten bleibt. In diesem Artikel argumentiere ich, dass die Beobachtung dieser „Gesetzlosigkeit“ und Selbstjustiz in Grenzregionen eine außergewöhnliche Möglichkeit bietet, die mehrdeutige Beziehung zwischen Recht und Ordnung in Indonesien nach dem Ende der „Neuen Ordnung“ zu verstehen.

  3. Academics for International Criminal Justice: The Role of Legal Scholars in Creating and Sustaining a New Legal Field

    DEFF Research Database (Denmark)

    Christensen, Mikkel Jarle

    The article is a sociological investigation into the crucial role of legal academics in the professional mobilization that characterized the creation and development of international criminal justice. Analyzing the different stages in the evolution of international criminal law culminating...

  4. Criminal proceedings involving children in conflict with the law

    Directory of Open Access Journals (Sweden)

    Bolocan-Holban Augustina

    2017-07-01

    Full Text Available At each stage of criminal procedure involving children (juveniles in conflict with the law, it is important to be ensured the fundamental rights provided by international standards, as well by national criminal legislation. Starting with the first contact of the child with criminal justice system until the pronunciation of the decision by the Court, including the enforcement of the punishment, the juvenile must be supervised by qualified professionals from criminal justice system, who could intervene in each moment with a purpose of providing pertinent information to criminal investigative body and to the Court, in order to establish a proportionate and equitable punishment.

  5. Women, customary law and equality: lessons from research in southern Africa.

    Science.gov (United States)

    Armstrong, A

    1994-03-01

    The Women and Law in Southern Africa Research Project (WSLA) has concluded, after 6 years of study in Zimbabwe, Zambia, Swaziland, Mozambique, Lesotho, and Botswana, that the deconstruction of customary law rather than an emphasis on the concept of equality represents the most promising strategy for producing justice for women. An historical analysis indicates that customary law was, before colonialism, a family-centered, flexible system of law that favored the negotiation and settlement of disputes rather than a rigid state-centered application of a rule. Traditionally, the unifying value base of customary law was preservation of the family and protection of women and children. Marriage was viewed as a joint partnership rather than a guardian-minor relationship. Polygyny, which today constitutes a source of female subordination, was originally developed to provide the protection of marriage to women at a time when there were not enough men to go around and an unmarried woman was vulnerable. Moreover, under true customary law, family property was the norm and widows remained on the land. The responsiveness of true customary law to changing socioeconomic conditions is illustrated by the newly developed practice of Chiefs in Botswana to allow women to speak and represent themselves in court; another example is the Chief's modification of seduction damages law to stipulate payment directly to the young mother rather than to her parents. After the introduction of colonialism, customary law was reconstructed to serve the political interests of capital; even now, post-independence governments use the law as a tool to oppress women. WLSA research suggests that an emphasis on gender-neutral, equality-based laws and statutes can lead to the further oppression of women. For example, such laws have made unemployed divorced women responsible for the maintenance of their ex-husband, and could be used to promote women, as well as men, having several spouses. Needed instead is an

  6. ECONOMIC EQUALITY OR JUSTICE

    Directory of Open Access Journals (Sweden)

    Ekrem Tufan

    2017-12-01

    Full Text Available From the beginning of economic life, equality has been a matter for human. Intrinsically human has two legs: Selfish and Groupish. Our selfish side does not care equality while Groupish side cares. What about the justice? Does human wants justice more than equalities in economic life? In this research, we have applied a questionnaire to find these two questions answer. As a result we can report that respondents prefer equality rather than justice in negative outcomes. On the other hand, they tend to prefer justice if there is possibility for positive outcomes. We cannot give evidence about gender, education and age differences effect on equality and justice preference.

  7. “We Have No Influence”: International Discourse and the Instrumentalisation of Transitional Justice in Burundi

    Directory of Open Access Journals (Sweden)

    David Taylor

    2013-09-01

    Full Text Available Burundi may soon reach yet another crossroads in its tumultuous history and on its path towards transitional justice. A contentious draft law for a Truth and Reconciliation Commission awaits approval by the country’s National Assembly, which has raised a number of concerns about the independence of the eventual commission, the likelihood of popular participation in the process and the prospects for criminal justice. But as this practice note seeks to demonstrate, the international community in Burundi may in fact be contributing to the instrumentalisation of the process. The note highlights how the discourse of the international community may partially facilitate a certain duplicity among influential figures within the current government, particularly with respect to compliance with stipulations under the 2000 Arusha Peace Agreement. Two common rationalisations in particular are explained that have seemingly emerged among the international community with respect to transitional justice and that are at the heart of this instrumentalisation: outside imposition and a lack of influence. The note argues that since transitional justice can no longer be regarded as an apolitical process, international actors must be more cognisant of their actions and discourse with a view to ensuring credible transitional justice processes in contexts like Burundi.

  8. The Case-Law of the Court of Justice of the European Communities Concerning the Law of the World Trade Organization and the Autonomy of the European Community in the Implementation of Its Common Commercial Policy

    Directory of Open Access Journals (Sweden)

    Miguel Ángel Cepillo Galvín

    2009-12-01

    Full Text Available In the last years some authors have questioned the autonomy of the European Community when implementing its commercial policy, due to the amount of trade agreements signed by it and especially because of the commitments acquired in the WTO. There is no doubt that the compulsory fulfilment of these commitments is a conditioning factor with regard to the implementation of the Common Commercial Policy, but that doesn’t make the autonomy of the EU disappear in order to put its model of commercial policy into practice. In this respect, it’s necessary to underline the ample discretionary margin in the management of the commercial policy that the Court of Justice of the European Communities recognizes in favour of the EU institutions within the framework of its case-law related to the denial of the direct effect of the WTO agreements, as we analyze in this paper.

  9. Organisational justice and change in justice as predictors of employee health: the Whitehall II study.

    Science.gov (United States)

    Kivimäki, Mika; Ferrie, Jane E; Head, Jenny; Shipley, Martin J; Vahtera, Jussi; Marmot, Michael G

    2004-11-01

    Organisational justice has been proposed as a new way to examine the impact of psychosocial work environment on employee health. This article studied the justice of interpersonal treatment by supervisors (the relational component of organisational justice) as a predictor of health. Prospective cohort study. Phase 1 (1985-88) measured relational justice, job demands, job control, social support at work, effort-reward imbalance, and self rated health. Relational justice was assessed again at phase 2 (1989-90) and self rated health at phase 2 and phase 3 (1991-93). 20 civil service departments originally located in London. 10 308 civil servants (6895 men, 3413 women) aged 35-55. Self rated health. Men exposed to low justice at phase 1 or adverse change in justice between phase 1 and phase 2 were at higher risk of poor health at phase 2 and phase 3. A favourable change in justice was associated with reduced risk. Adjustment for other stress indicators had little effect on results. In women, low justice at phase 1 predicted poor health at phase 2 and phase 3 before but not after adjustment for other stress indicators. Adverse change in justice was associated with worse health prospects irrespective of adjustments. The extent to which people are treated with justice in workplaces seems to predict their health independently of established stressors at work. Evidence on reduced health risk after favourable change in organisational justice implies a promising area for health interventions at workplace.

  10. Organizational Justice

    Science.gov (United States)

    Burns, Travis

    2013-01-01

    Helping principals understand the importance of organizational justice is the first step in enhancing learning outcomes for all learners, regardless of their social class, race, abilities, sex, or gender. In schools, organizational justice may be defined as teachers' perceptions of fairness, respect, and equity that relate to their interactions…

  11. Domestic Violence and Family Law: Criminological Concerns

    Directory of Open Access Journals (Sweden)

    Molly Dragiewicz

    2014-04-01

    Full Text Available The battered women’s movement in the United States contributed to a sweeping change in the recognition of men’s violence against female intimate partners. Naming the problem and arguing in favor if its identification as a serious problem meriting a collective response were key aspects of this effort. Criminal and civil laws have been written and revised in an effort to answer calls to take such violence seriously. Scholars have devoted significant attention to the consequences of this reframing of violence, especially around the unintended outcomes of the incorporation of domestic violence into criminal justice regimes. Family law, however, has remained largely unexamined by criminologists. This paper calls for criminological attention to family law responses to domestic violence and provides directions for future research.

  12. Equality in the Framework of Justice

    OpenAIRE

    Aşik, Kübra

    2015-01-01

    This thesis assesses the relation between equality and justice by exploring and identifying the relation between equality and justice in Rawls's theory of justice, Sandel's communitarian account of Justice and Sen's capability approach. And these accounts of justice are evaluated from an egalitarian point of view. The main argument defended in the thesis is that justice requires equality. Accordingly, these three accounts of justice are evaluated by taking their understanding of equality into...

  13. Review of Regional Criminal Justice Training Academies. House Document No. 28. Report of the Joint Legislative Audit and Review Commission to the Governor and the General Assembly of Virginia.

    Science.gov (United States)

    Virginia State General Assembly, Richmond. Joint Legislative Audit and Review Commission.

    Virginia has 36 criminal justice training academies, including 10 regional academies. The academies conduct entry-level, inservice, and specialized training for law enforcement officers, jailers, and other criminal justice personnel. In 1998, the Joint Legislative Audit and Review Commission (JLARC) was directed to review the quality, consistency,…

  14. Academic Politics and the History of Criminal Justice Education. Contributions in Criminology and Penology, No. 46.

    Science.gov (United States)

    Morn, Frank

    This book reviews the history of academic criminal justice--the studying and teaching of crime, police, law and legal processes, and corrections--from 1870 to the present. The nine chapters have the following titles: (1) "Introduction: Academic Politics and Professionalism, 1870-1930"; (2) "Progressivism and Police Education,…

  15. Why Diversity Matters in Rural America: Women Faculty of Color Challenging Whiteness

    Science.gov (United States)

    Han, Keonghee Tao; Leonard, Jacqueline

    2017-01-01

    Using critical race theory as an analytical framework to examine White privilege and institutional racism, two teacher educators, in a rural predominantly White university tell counterstories about teaching for social justice in literacy and mathematics education courses. In sharing our counterstories in this paper, we, women faculty of color,…

  16. Rurality and criminal history as predictors of HIV risk among drug-involved offenders.

    Science.gov (United States)

    Webster, J Matthew; Mateyoke-Scrivner, Allison; Staton, Michele; Leukefeld, Carl

    2007-01-01

    The current study examined rurality and criminality as predictors of the lifetime HIV risk behaviors of 661 male, drug-abusing state prisoners. HIV risk behaviors included the number of lifetime sex partners, the number of lifetime drug injections, the number of times had sex with an injection drug user, and the frequency with which a condom was used. Regression analyses showed that criminality was related to the number of lifetime injections, whereas rurality was related to fewer lifetime sex partners and less frequent condom use. A rurality by criminality interaction for sex with an injection drug user was found. Specifically, those from rural areas who had more extensive criminal histories reported relatively high numbers of sex partners who were IDUs. Results are discussed in the context of rural and criminal justice interventions for HIV risk behavior.

  17. EU Law Autonomy Versus European Fundamental Rights Protection

    DEFF Research Database (Denmark)

    Storgaard, Louise Halleskov

    2015-01-01

    In the recently issued Opinion 2/13, the EU Court of Justice ruled that EU accession to the European Convention on Human Rights on the basis of the current Draft Accession Agreement would be incompatible with the EU Treaties. This article examines the impact of Opinion 2/13 on European fundamental...... rights protection. It argues that the concerns for EU law autonomy expressed in the Opinion for the most part are unwarranted and that the Court, through the use of classic constitutionalist language, seeks to position EU law as the superior European fundamental rights regime. The article furthermore...

  18. Company Law as a Restriction to Free Movement

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig

    2014-01-01

    . There is evidence that non-discriminatory obstacles to free movement found in company law can be restrictions. However, recent cases show that the Court may be willing to apply a more restrictive approach where only non-discriminatory measures that have a qualified deterrent effect may constitute restrictions.......Focusing on recent judgments from the Court of Justice of the European Union, this article investigates how the notion of ‘restriction’ – which is the first step in examining whether there is an infringement of the free movement rights – is used in cases involving company law measures...

  19. An Evidence-Based Objection to Retributive Justice.

    Science.gov (United States)

    Mammarella, Brian T M

    Advancements in neuroscience and related fields are beginning to show, with increasing clarity, that certain human behaviors stem from uncontrolled, mechanistic causes. These discoveries beg the question: If a given behavior results from some combination of biological predispositions, neurological circumstances, and environmental influences, is that action unwilled and therefore absolved of all attributions of credit, blame, and responsibility? A number of scholars in law and neuroscience who answer "yes" have considered how the absence of free will should impact criminal law's willingness to justify punishments on the basis of retribution, with some arguing that criminal law ought to dispense with retributive justice because the concept of blameworthiness is out of touch with scientific reality. This Note posits a more practical reason for reform by reviewing available empirics on the way people perceive human agency. The research suggests that as the science of human agency becomes increasingly vivid and reductionistic, laypeople will become proportionally less willing to attribute blame, and these shifting societal intuitions will ultimately diminish criminal law's moral credibility. The practical effects of low moral credibility might include diminished compliance, cooperation, and acquiescence with criminal laws, as well as increased general deviance. Importantly, this Note observes that these effects will likely manifest even if people retain a belief in free will. Further, ontological reality plays no part in this Note's argument; whether we in fact have free will is irrelevant. This Note instead contributes to the discourse by highlighting the implications of oncoming shifts in lay conceptions of both particular behaviors and the natural world writ large.

  20. Soil erosion and sediment control laws. A review of state laws and their natural resource data requirements

    Science.gov (United States)

    Klein, S. B.

    1980-01-01

    Twenty states, the District of Columbia, and the Virgin Islands enacted erosion and sediment control legislation during the past decade to provide for the implementation or the strengthening of statewide erosion and sediment control plans for rural and/or urban lands. That legislation and the state programs developed to implement these laws are quoted and reviewed. The natural resource data requirements of each program are also extracted. The legislation includes amendments to conservation district laws, water quality laws, and erosion and sediment control laws. Laws which provides for legislative review of administrative regulations and LANDSAT applications and/or information systems that were involved in implementing or gathering data for a specific soil erosion and sediment control program are summarized as well as principal concerns affecting erosion and sediment control laws.

  1. Changes in the Concept of Family Justice in Japan: The Impact of Modern Egalitarian Attitudes on Family Equality in the Areas of Inheritance and Domestic Violence (Including Murder of an Lineal Ascendant)

    OpenAIRE

    五十子, 敬子

    2008-01-01

    I Family justice in Japan: a brief overviewII Equality in the Japanese inheritance laws since 1947III Equality of treatment in sentencing: the murder of a lineal ascendantIV Changes in the concept of family justice in domestic violence: the Prevention of Spousal Violence and the Protection of Victims Act 2001V Conclusion: key points of change in the concept of family justice

  2. The Removal of the Judge as a Guarantee of Fair Criminal Justice

    Directory of Open Access Journals (Sweden)

    Yury V. Derishev

    2016-11-01

    Full Text Available The article is devoted to the institution of the removal of a judge in criminal trial proceedings, which is regarded as the most important guarantees of fair criminal justice. Based on the definition of the nature and content of the mechanism for the removal of a judge, the Authors offer an analysis of the problems of the application of law that accompany its implementation in modern criminal proceedings

  3. Iowa Farm and Rural Life Poll. Summary.

    Science.gov (United States)

    Lasley, Paul

    The 1984 Iowa Farm and Rural Life Poll is summarized in this report. Responses from 1,585 randomly selected Iowa farm families showed that respondents opposed relaxing current state laws limiting foreign investors and non-farm corporations' ownership of farmland; had mixed feelings on absentee ownership, changing banking laws to allow banks to…

  4. Protocol at the Crossroads: Rethinking anti-trafficking law from an Indian labour law perspective

    Directory of Open Access Journals (Sweden)

    Prabha Kotiswaran

    2015-04-01

    Full Text Available As we approach the fifteenth anniversary of the United Nations Trafficking Protocol, we can discern several phases of its diffusion, materialisation and interpretation in domestic criminal law regimes across the world. Although not exclusively preoccupied with sex work and sex trafficking anymore, the fact remains that the inordinate attention on trafficking in Western industrialised economies is disproportionate to the extent of the problem. Only 7% of the world’s 20.9 million forced labourers are in developed economies while 56% are in Asia Pacific. Yet in BRIC countries like India, with a substantial majority of the world’s trafficked victims and where 90% of all trafficking is domestic, trafficking has gained policy resonance only relatively recently. Even as India remains an active site for sexual humanitarianism with international and local abolitionist groups actively targeting sex workers, the article argues that less developed countries like India can play a crucial role in reorienting international anti-trafficking law and policy. Towards that goal, this article offers India’s bonded, contract and migrant labour laws as a robust labour law model against trafficking in contrast to the criminal justice model propagated by the Trafficking Protocol worldwide.

  5. Student Perceptions of Social Justice and Social Justice Activities

    Science.gov (United States)

    Torres-Harding, Susan R.; Steele, Cheronda; Schulz, Erica; Taha, Farah; Pico, Chantal

    2014-01-01

    Encouraging students to engage in activities that actively seek to promote social justice is a goal of many educators. This study analyzed college student perceptions around social justice and related activities in a medium-sized, urban university in the United States. Students' open-ended responses to questions assessing their perceptions of…

  6. The protection of juveniles under Cameroon criminal law and procedures through the lens of international standards

    Directory of Open Access Journals (Sweden)

    Thomas Ojong

    2017-10-01

    Full Text Available While the legislative framework on the adminitration of juvenile justice in Cameroon may currently be adequate and in compliance with the international conventions ratified by the State, the implementation of the national law should be the primary mechanism through which human rights are realized. Cameroon is usually said to be a State with good laws but poor implementation. With recourse to the normative and empirical methods, this article explores the provisions on the protection of juveniles in Cameroon criminal law and procedures through the lens of internationally recognized principles. It looks at the provisions as they are interpreted and applied by the Courts. The prospect being to invite the Government and all the stakeholders to embark on establishing the structures provided for and ensure effectiveness in the enforcement of juvenile justice in the country so as to overcome the current weaknesses that the system is experiencing.

  7. Observance of the Law in Romans 14–15 and Dialogue with Trypho ...

    African Journals Online (AJOL)

    2012-02-10

    Feb 10, 2012 ... Nevertheless, in the localised context of the early Roman churches, it seems ..... Rules appeal to social values, such as justice or freedom. The problem .... specifically the wholesale rejection of Law-observant Christ- following ...

  8. “A system of justice that closes the door to those who cannot pay is ...

    African Journals Online (AJOL)

    UKZN

    before the law, such as in civil cases where cost rather than justice often ... as well as the position in selected foreign jurisdictions regarding the offering ... civil disputes. ... cites the jurisprudence of the European Court of Human Rights which ...... attorneys a tax incentive by deducting every hour that is spent on pro bono work.

  9. Justice, Accountability and Social Reconstruction: An Interview Study of Bosnian Judges and Prosecutors

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree; Fletcher, Laurel; Weinstein, Harvey

    2000-01-01

    This study of judges and prosecutors in Bosnia and Herzegovina (hereinafter "BiH") is the first report in a multi-year study undertaken by the University of California, Berkeley, Human Rights Center regarding the relationship between justice, accountability and reconstruction in the former...... Yugoslavia. ... (c) Domestic effects of the ICTY: legal definitions of accountability and the rule of law; social reconstruction and war crimes; genocide; the role of the Dayton Accords and international law; and perceptions of the ICTY, including its goals, choice of those indicted, knowledge of specific...... the economy, to ensure fairness and accountability in judicial proceedings and to prosecute war criminals. ... Only one Bosnian Serb legal professional stated unequivocally that the Constitution of Bosnia and Herzegovina was the supreme law of the land. ... If all sides to the conflict are equally guilty...

  10. Applying Social Justice Principles through School-Based Restorative Justice

    Science.gov (United States)

    von der Embse, Nathan; von der Embse, Daniel; von der Embse Meghan; Levine, Ian

    2009-01-01

    Social justice has recently received attention within the school psychology community. Yet, social justice is a nebulous term, as opined by Connelly (2009), who cautioned against searching for what is wrong and instead striving for the highest standards and recognizing needs of every unique child. Shriberg and colleagues (2008) have sought to…

  11. Justice and justiciability: advancing solidarity and justice through South Africans' right to health jurisprudence.

    Science.gov (United States)

    Forman, Lisa

    2008-09-01

    The South African Constitutional Court's jurisprudence provides a path-breaking illustration of the social justice potential of an enforceable right to health. It challenges traditional objections to social rights by showing that their enforcement need not be democratically unsound or make zero-sum claims on limited resources. Indeed the South African experience suggests that enforcing health rights may in fact contribute to greater degrees of collective solidarity and justice as the Court has sought to ensure that the basic needs of the poor are not unreasonably restricted by competing public and private interests. This approach has seen the Court adopt a novel fights paradigm which locates individual civil and social rights within a communitarian framework drawing from the traditional African notion of'ubuntu', denoting collective solidarity, humaneness and mutual responsibilities to recognize the respect, dignity and value of all members of society. Yet this jurisprudence also illustrates the limits of litigation as a tool of social transformation, and of social rights that remain embedded in ideological baggage even where they have been constitutionally entrenched and enforced. This paper explores the Constitutional Court's unfolding jurisprudence on the right to health, providing background to the constitutional entrenchment of a justiciable right to health; exploring early Constitutional Court jurisprudence on this right; turning to the forceful application of this right in relation to government policy on AIDS treatment; and concluding with thoughts about the strengths and limits of this jurisprudence in light of subsequent case-law.

  12. [Practical problems in criminal laws of prevention of cruelty to animals].

    Science.gov (United States)

    Iburg, U

    2000-03-01

    1. To ascertain serious pains and sufferings in the meaning of section 17 no. 2 b law of prevention of cruelty to animals you cannot do without the help of an expert witness for taking possession of evidence--apart from simple cases. Except the clarifying of fundamental questions concerning prevention of cruelty to animals a professional statement of the administrative veterinary surgeon will be as a rule sufficient. 2. For the actual seizure of animals for the purpose of confiscation and compulsory disposal the criminal justice is extremely dependent on the support of the authorities of administration. Therefore a trouble-free cooperation of criminal justice, veterinary authorities, animal homes and--concerning the protection of species--authorities for protection of endangered nature is imperative. 3. The main problems with the application of the regulation concerning the interdiction of keeping animals according to sections 20 and 20 a law of prevention of cruelty to animals are justified in the legal prerequisites. It is unsatisfactory that an interdiction of keeping animals cannot be imposed by summary punishment order and that a confiscation of animals is not possible by criminal proceedings in case of offence against sections 20 subsection 3, 20 a subsection 3 law of prevention of cruelty to animals. Therefore an admission of the sections as mentioned above to section 19 law of prevention of cruelty to animals seems to be convenient.

  13. On the relationship between justice and forgiveness: are all forms of justice made equal?

    Science.gov (United States)

    Wenzel, Michael; Okimoto, Tyler G

    2014-09-01

    This research investigates whether, following a wrongdoing, the restoration of justice promotes forgiveness. Three studies - one correlational recall study and two experimental scenario studies - provide evidence that while a restored sense of justice is overall positively related to forgiveness, forgiveness is highly dependent on the means of justice restoration being retributive (punitive) versus restorative (consensus-seeking) in nature. The findings showed that, overall, restorative but not retributive responses led to greater forgiveness. Although both retributive and restorative responses appeared to increase forgiveness indirectly through increased feelings of justice, for retributive responses these effects were counteracted by direct effects on forgiveness. Moreover, the experimental evidence showed that, while feelings of justice derived from restorative responses were positively related to forgiveness, feelings of justice derived from retributive responses were not. © 2013 The British Psychological Society.

  14. Opportunities in EUcase law for achieving Dutch sustainable energy target. It's up to the Netherlands to seize them

    NARCIS (Netherlands)

    Lavrijssen, S.

    2013-01-01

    This paper draws on recent case law of the European Court of Justice to examine the opportunities available in European Union law to promote the generating of electricity from renewable sources within the Dutch system for managing congestion in the electricity grid (CMS) and for allocating the costs

  15. Indigenous peoples of North America: environmental exposures and reproductive justice.

    Science.gov (United States)

    Hoover, Elizabeth; Cook, Katsi; Plain, Ron; Sanchez, Kathy; Waghiyi, Vi; Miller, Pamela; Dufault, Renee; Sislin, Caitlin; Carpenter, David O

    2012-12-01

    Indigenous American communities face disproportionate health burdens and environmental health risks compared with the average North American population. These health impacts are issues of both environmental and reproductive justice. In this commentary, we review five indigenous communities in various stages of environmental health research and discuss the intersection of environmental health and reproductive justice issues in these communities as well as the limitations of legal recourse. The health disparities impacting life expectancy and reproductive capabilities in indigenous communities are due to a combination of social, economic, and environmental factors. The system of federal environmental and Indian law is insufficient to protect indigenous communities from environmental contamination. Many communities are interested in developing appropriate research partnerships in order to discern the full impact of environmental contamination and prevent further damage. Continued research involving collaborative partnerships among scientific researchers, community members, and health care providers is needed to determine the impacts of this contamination and to develop approaches for remediation and policy interventions.

  16. Looking beyond the law on domestic violence | IDRC - International ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    I can say I now have experience doing field research, doing qualitative research, setting up a major research project.” At IDRC, Song also helped organize major conferences on access to justice and on family law, areas she's “really interested in. I feel honoured that I was able to work on such important issues,” says Song.

  17. Towards a class action under Rwandan law | Kayitana | Nnamdi ...

    African Journals Online (AJOL)

    Among the recipients of the right to access to justice are groups of individuals who have been injured by the same defendant through a similar and single action. The current approach to 'standing' under Rwandan law of civil procedure makes it impossible for some or many of the members of such group to access the courts ...

  18. 76 FR 25527 - Law Day, U.S.A., 2011

    Science.gov (United States)

    2011-05-05

    ... Nation's values is our faith in the ideals of equality and justice under law. It is a belief embedded in... soldiers charged with firing into a crowd and killing five men in the Boston Massacre. In the face of mass... than two centuries. It is championed by those who represent the accused and exemplified by women and...

  19. Justice and feelings: Toward a new era in justice research

    NARCIS (Netherlands)

    D. de Cremer (David); K. van den Bos (Kees)

    2007-01-01

    textabstractIn this special issue, the relationship between feelings and justice and its consequences are highlighted. Five articles discuss the role that affect, feelings, and emotions play in justice processes across a variety of social settings. In the present introductory article, the position

  20. How does justice smell? Reflections on space and place, justice and the body

    Directory of Open Access Journals (Sweden)

    Jacob Meiring

    2016-11-01

    Full Text Available Flowing from a joint consultation on Spatial Justice and Reconciliation on 21–22 September 2015, hosted by the Centre for Contextual Ministry and the Ubuntu Research Project of the University of Pretoria, this article reflects on the notions of space and justice from the perspective of a contemporary theological anthropology as ‘embodied sensing’, where the making of meaning is sensed in the body. The argument is put forward that spatial justice is an embodied endeavour and that it cannot be achieved disconnected from the bodies of the persons in the concrete context where justice is strived for and where bodies can flourish. The relation between spatial justice, sense of place, human flourishing and the embodied sensing of meaning is explored.

  1. Justice on Both Sides: Transforming Education through Restorative Justice

    Science.gov (United States)

    Winn, Maisha T.

    2018-01-01

    Restorative justice represents "a paradigm shift in the way Americans conceptualize and administer punishment," says author Maisha T. Winn, from a focus on crime to a focus on harm, including the needs of both those who were harmed and those who caused it. Her book, "Justice on Both Sides," provides an urgently needed,…

  2. EuGH: Innocuousness of the nuclear fuel tax according to the European community law; EuGH: Europarechtliche Unbedenklichkeit der Kernbrennstoffsteuer

    Energy Technology Data Exchange (ETDEWEB)

    Anon.

    2015-08-14

    The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June. The ECJ has now, for the first time, made a clear decision on the admissibility of preliminary ruling proceedings referred to the ECJ and to the domestic constitutional court in parallel: Article 267 TFEU not only entitles the domestic court but even obliges it to submit issues that are decisive for the dispute to the European Court of Justice for interpretation or a decision on the applicability of European law. Such an obligation and the issue of incompatibility with European law did not depend on whether the same provision had been submitted to the domestic court for review or not. After all, even if a provision has been declared unconstitutional under domestic law it will still remain applicable for a certain period of time.

  3. Developing a normative critique of international trade law: special & differential treatment

    OpenAIRE

    Garcia, Frank J.

    2007-01-01

    Although the problem of trade and inequality is central to the resolution of the WTO Doha Round and to contemporary trade policy in general, it is currently undertheorized from a normative perspective. In this paper I develop a normative critique of WTO special and differential treatment law, as a case study of how normative political theory can be applied to international economic law. Using Rawls' theory of Justice as Fairness, I argue both that special and differential treatment can play a...

  4. An analysis of the Illinois Retail Rate Law and the Cook County waste-to-energy siting battles, 1987--2001

    Science.gov (United States)

    Sendzik, Mark Edward

    2002-01-01

    The analysis explores the environmental justice impacts of the 1998 Illinois Retail Rate Law and Cook County waste-to-energy siting proposals on the Chicago metropolitan area. Particular attention is given to the dynamics of the grassroots environmental organizations which emerged to fight the siting proposals. The organizations are examined in the context of NIMBYism, the antitoxic movement, the environmental justice movement, and mainstream environmentalism. In addition, the underlying causes for the unintended consequences of the Retail Rate Law are analyzed against the backdrop of market and government failure. Face-to-face and telephone interviews were conducted with forty-one persons familiar with the battles over the Cook County siting proposals and the efforts to repeal the Retail Rate Law. The term "environmental justice" became controversial as siting opponents and supporters both appropriated the issue to support dueling positions on the proposed sitings. However, environmental justice did not play an instrumental role in repealing the Retail Rate Law or the siting proposals. Economic concerns led to the repeal of the legislation and demise of the original siting proposals. The circumstances of the siting battles and opposition groups raise questions about the future effectiveness of the environmental justice movement. A combination of market and government failure led to the unintended consequences from the retail Rate Law. Strategic maneuvering by state legislative leaders delayed the repeal of the legislation by several years. The resulting delay placed considerable cost on individuals, communities, corporations, and the State of Illinois. A bivariate analysis was conducted to examine whether the distribution patterns of ground level concentrations from the proposed facilities would have had a disproportionate distribution in lower-income and minority populations in the Chicago metropolitan area. The statistical analysis did discover evidence that

  5. Justice and Feelings: Toward a New Era in Justice Research

    NARCIS (Netherlands)

    Cremer, D. de; Bos, K. van den

    2007-01-01

    In this special issue, the relationship between feelings and justice and its consequences are highlighted. Five articles discuss the role that affect, feelings, and emotions play in justice processes across a variety of social settings. In the present introductory article, the position of past

  6. A People’s Court? A Bottom-up approach to litigation before the Euopean Court of Justice

    NARCIS (Netherlands)

    Hoevenaars, J.

    2018-01-01

    Each year the European Court of Justice delivers over a thousand decisions on the basis of EU law that affect the Members States as well as the lives of their citizens. Most of these decisions are the result of requests for a preliminary ruling sent by national courts and tribunals seeking an

  7. Opportunities in EU case law for achieving Dutch sustainable energy targets: it's up to the Netherlands to seize them

    NARCIS (Netherlands)

    Lavrijssen, S.A.C.M.

    2013-01-01

    This article draws on recent case law of the European Court of Justice to examine the opportunities available in European Union law to promote the generating of electricity from renewable sources within the Dutch system for managing congestion in the electricity grid (CMS) and for allocating the

  8. The right to a fair appeal in international criminal law

    NARCIS (Netherlands)

    Djukic, Drazan

    2017-01-01

    The Right to a Fair Appeal in International Criminal Law – Layman’s Summary A criminal trial does not end after the first judgment of a court. A person is only finally found guilty or innocent after one or more appeals. Appeals thus have an important place in the criminal justice system. However,

  9. Compatibility with European law of opt-out legislation

    International Nuclear Information System (INIS)

    Feldmann, U.

    2000-01-01

    Should consensus with the utilities not be reached, Federal Minister for the Environment, Mr. Trittin, repeatedly announced to introduce opt-out legislation 'by dissent'. Both the constitutionality of such legislation and its compatibility with European law are topics of controversial debate in the literature. The decision taken by the Bavarian cabinet on February 8 in this year, to use all political and legal means against shutting down German nuclear power plants and, for this purpose, even to approach the European Commission on grounds of potential violation of European law, are reason enough to deal in more detail with the compatibility of an opt-out law with the Euratom Treaty and the EC Treaty. As the opt-out law does not yet exist, these considerations can only be of a theoretical nature. However, this is the working hypothesis assumed: Reprocessing is banned as of the entry into force of the opt-out law. This ban includes moving nuclear waste abroad for reprocessing. The peaceful use of nuclear power for electricity generation in power reactors operated for thirty years is forbidden. Older reactors may be run only for a transition period of another three years. (This includes abandoning the promotion purpose in the German Atomic Energy Act and a ban on building new power reactors). However, the operating life may be distributed in a flexible way. This contribution indicates that there are sound reasons and interesting approaches, respectively, in the literature for assuming that opting out by means of legislation, coupled with a ban on reprocessing, at least constitutes a violation of the freedom for goods and/or services. However, this cannot be derived unequivocally from either the Euratom Treaty or the EC Treaty or from rulings by the European Court of Justice. Ultimately, compatibility with European law of the ban on reprocessing can be decided only by the European Court of Justice. (orig.) [de

  10. Effectuation of right to health and its relationship to social justice

    Directory of Open Access Journals (Sweden)

    d'Ávila L. S.

    2017-02-01

    Full Text Available Thinking of health as a universal right is a complex task, given the inequalities in accessing decent living conditions. In this sense, this paper aims to discuss the effectuation of right to health, since this right is central to the pursuit of social justice. This is a reflection based on an extensive review of the literature, which involved references related to the right to health and to several fields of legal doctrine (human rights, social rights, Constitutional Law and Economic Law, due to their relevance to the matter. It was shown that despite the advances in realization of social rights in Brazil, there remains much to be done, particularly in times of economic crisis, as budget cuts directly affect social policies, which penalize the most vulnerable citizens and those in the most adverse situations. The right to health is entirely connected to the human development and training and quality of life among people and communities; non-compliance of this right goes further of Brazilian National Public Health System implementation. Thus, the effectuation of the right to heath is an instrument of social justice, as it not only leads to the realization of other rights, but requires the rethinking of long-rooted structures and behaviors, leading to the establishment of new relations among powers, promoting social inclusion.

  11. Bifurcation of Mobility, Bifurcation of Law : Externalization of migration policy before the EU Court of Justice

    NARCIS (Netherlands)

    Spijkerboer, T.P.

    2017-01-01

    The externalization of European migration policy has resulted in a bifurcation of global human mobility, which is divided along a North/South axis. In two judgments, the EU Court of Justice was confronted with cases challenging the exclusion of Syrian refugees from Europe. These cases concern core

  12. Violences sexuelles et accès à la justice pour les femmes rurales en ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Qui plus est, les recherches existantes, les actions des organisations de défense des droits des femmes pour combattre ces crimes, n'intègrent pas adéquatement celles qui sont les plus marginalisées, à savoir les femmes rurales qui constituent près de 40% de la population totale et plus de 50% de la population rurale de ...

  13. The Anders Behring Breivik Trial: Performing Justice, Defending Democracy

    Directory of Open Access Journals (Sweden)

    Beatrice de Graaf

    2013-08-01

    Full Text Available On 24 August 2012, the judges of the Oslo District Court passed their final verdict in the case of Anders Behring Breivik, declaring Breivik criminally sane and legally responsible for the killing of 77 people during the bombing of government buildings in Oslo and the shooting spree on the island of Utøya on 22 July 2011. This Research Paper examines to what extent the Breivik trial attained the goals of criminal justice: retribution, prevention, restoring democratic order and upholding the rule of law. Furthermore, it aims to determine if the trial contributed to the need for closure in society. The Research Paper concludes that the trial did indeed have a positive impact on the coping mechanisms in Norwegian society and that most Norwegians viewed the trial as a positive counter-weight to the brutality of Breivik’s acts. Overall, the trial was viewed as an example of justice and as a trial that upheld the democratic values of Norwegian society – in stark contrast to Breivik’s values.

  14. Proposition of law relative to the admission and compensation of victims of nuclear tests or accidents

    International Nuclear Information System (INIS)

    2008-01-01

    The present proposition of law has for object to come up to the expectations of persons having participated to nuclear weapons test made by France between the 13. february 1960 and the 27 january 1996, in Sahara or French polynesia. The consequences on health can not be ignored even after several decades of years. Decades of veterans have for several years, have got involve in justice procedures to be entitled to obtain compensation in damage repair they assign to the nuclear tests. Some courts of justice have, for years, recognized the legitimacy of these claims and the judgements cite irradiation consequences able to be revealed late even several decades after the radiation exposure. Other states have adopted laws of compensation for the victims of their populations, civil or military ones. In addition, the Chernobylsk accident released in atmospheres important quantities of radioactive products. populations have been contaminated and must be also in account. That is why this proposition of law comes today to be adopted. (N.C.)

  15. Gendered Justice Gaps in Bosnia-Herzegovina

    DEFF Research Database (Denmark)

    Björkdahl, Annika; Mannergren Selimovic, Johanna

    2014-01-01

    , and reparations gaps-this article examines structural constraints for women to engage in shaping and implementing transitional justice, and unmasks transitional justice as a site for the long-term construction of the gendered post-conflict order. Thus, the gendered dynamics of peacebuilding and transitional...... justice have produced a post-conflict order characterized by gendered peace and justice gaps. Yet, we conclude that women are doing justice within the Bosnian-Herzegovina transitional justice project, and that their presence and participation is complex, multilayered, and constrained yet critical....

  16. The nullum crimen sine iure principle in contemporary International Law

    Directory of Open Access Journals (Sweden)

    Hector Olásolo Alonso

    2014-03-01

    Full Text Available This paper deals with the evolution and current content of the nullum crimen sine iure principle in international law. It analyses the development of the nullum crimen principle from its definition as a principle of justice at the end of Second World War, to its current definition as an individual right imposing a limitation upon States’ sovereignty. The article also explains that, nowadays, the nullum cri- men principle requires for the relevant conduct to be a crime at the time of its com- mission, according to any of the sources of criminal law in the relevant national or international legal system. No written law is necessarily required. As a result, accessibility and foreseability are the main elements of the nullum crimen principle in current international law.

  17. Association of rule of law and health outcomes: an ecological study.

    Science.gov (United States)

    Pinzon-Rondon, Angela Maria; Attaran, Amir; Botero, Juan Carlos; Ruiz-Sternberg, Angela Maria

    2015-10-29

    To explore whether the rule of law is a foundational determinant of health that underlies other socioeconomic, political and cultural factors that have been associated with health outcomes. Global project. Data set of 96 countries, comprising 91% of the global population. The following health indicators, infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, were included to explore their association with the rule of law. We used a novel Rule of Law Index, gathered from survey sources, in a cross-sectional and ecological design. The Index is based on eight subindices: (1) Constraints on Government Powers; (2) Absence of Corruption; (3) Order and Security; (4) Fundamental Rights; (5) Open Government; (6) Regulatory Enforcement, (7) Civil Justice; and (8) Criminal Justice. The rule of law showed an independent association with infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, after adjusting for the countries' level of per capita income, their expenditures in health, their level of political and civil freedom, their Gini measure of inequality and women's status (plaw remained significant in all the multivariate models, and the following adjustment for potential confounders remained robust for at least one or more of the health outcomes across all eight subindices of the rule of law. Findings show that the higher the country's level of adherence to the rule of law, the better the health of the population. It is necessary to start considering the country's adherence to the rule of law as a foundational determinant of health. Health advocates should consider the improvement of rule of law as a tool to improve population health. Conversely, lack of progress in rule of law may constitute a structural barrier to health improvement. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a

  18. THE APLICATION OF ISLAMIC LAW IN INDONESIA: The Case Study in Aceh

    Directory of Open Access Journals (Sweden)

    Kamaruzzaman Bustamam-Ahmad

    2007-06-01

    Full Text Available This article provides an historical account of the implementation of Islamic law in Aceh and how the issue of Islamic law has been debated. The study will give more emphasis on the dynamics of the implementation of Islamic law, its historical development, typologies of Islamic law, leaders’ opinions regarding this issue, and the governments’ responses. This study argues that Islamic law in Aceh has been misinterpreted merely as h{udu>d law. In addition, it argues that the provincial government tends to put heavy emphasis on symbolic religious issues (such as the Islamic dress code and the usage of Arabic signs and letterheads, rather than the substance of Islamic law such as justice and prosperity for all. Finally, the study has made evident that implementing Islamic law is never a good method of attempting to resolve conflict. There is no need to establish Islamic law formally through the political process because, when politics enters in religious arena, it carries with it many interests.

  19. Equal Protection Under the Law: Do Female Justices have a Different Voice?

    Directory of Open Access Journals (Sweden)

    Katherine Jorgensen

    2012-01-01

    Full Text Available As women take on a continuously larger role in the legal field, it has become tremendously important to study and understand the impact women are having on the judicial system. This work explores the role of women in the judiciary. Specifically, I examine the Supreme Court of the United States to find out whether women’s jurisprudence differs from that of their male colleagues. For this paper, I limit my examination to cases involving equal protection under the law. The theory I employ is that of Carol Gilligan, who argues that across many realms, women have a uniquely different voice than men (1982. Through a quantitative analysis of 49 cases dealing with issues of equal protection under the law, I show that Gilligan’s theory helps us understand how cases are decided in the United States Supreme Court. Additionally, I show how the “Different Voice” model improves upon existing models of judicial decision making by Lee Epstein, Jeffrey Segal, and Harold Spaeth. This paper expands current gender and politics literature, which had previously used Gilligan’s insights to examine U.S. state legislatures, by analyzing decision making in the Supreme Court. This paper thus illustrates that women, due to their unique life experiences, have a different understanding of the law in regards to equality and equal protection under the law.

  20. Public rural environmental management, a subject open to debate

    International Nuclear Information System (INIS)

    Garcia Villegas, Eduardo; Galvez Abadi; Aida Cecilia

    2011-01-01

    This essay explores, with the use of socio-legal method, for public rural environmental management from the agricultural and environmental law and environmental science. In order to propose alternatives to public management in this area, it refers to current legal framework in Colombia, among which highlights the peasant reserve areas created by the agrarian reform law. To realize the proposed solution, takes as a paradigmatic example the case of agro-ecosystem operated by Silleteros of Santa Helena in the Department of Antioquia, located in a metropolitan city edge, from the perspective of the new rural and contributions from political ecology and agroecology.

  1. Justice-based social assistance

    Science.gov (United States)

    Barrientos, Armando

    2016-01-01

    What are the main objectives of social protection institutions in developing countries? What should be their scope and reach? What is the source of their legitimacy? Finding appropriate answers to these questions is essential to understanding, and shaping, the emergence of welfare institutions in low- and middle-income countries. Most available answers rely on instrumental arguments. Few make reference to normative principles. This article draws on three concepts from Rawls – social justice as regulating cooperation, the social minimum, and the need for a freestanding political notion of social justice – to develop a coherent argument for grounding social assistance on social justice. In line with this argument, it identifies some parameters for a justice-based social assistance. This article then discusses, with examples, the tensions existing between a social justice-based social minimum and ‘real’ social assistance institutions emerging in developing countries. PMID:27708544

  2. Does environmental ethics found on natural law. Naturrechtliche Begruendung der Umweltethik

    Energy Technology Data Exchange (ETDEWEB)

    Irrgang, B.

    1991-08-09

    The author discusses various basic concepts of natural law; naturalistic and metaphysical fallacies, natural law and theory on human action developed by St. Thomas Aquinas. The author concludes by advocating an ethics for result assessment based on moral principles, and, in the case of environmental ethics in particular on justice (equal treatment, appropriateness, respect for those at a disadvantage and fairness between the gneerations). The same criterions should apply to matters concerning the ethics of energy generation, genetic engineering and economic and environmental ethics. (orig./HSCH).

  3. Member States must apply most favoured nation treatment under EU law

    NARCIS (Netherlands)

    de Groot, I.M.

    2014-01-01

    According to case law from the Court of Justice of the European Union (CJEU), a Member State is not obliged to enact most favoured nation treatment if a tax treaty prescribes a certain type of tax treatment (bilateral most favoured nation treatment). In this article, the author discusses whether EU

  4. Keck in Capital? Redefining 'Restrictions' in the 'Golden Shares' Case Law

    NARCIS (Netherlands)

    I Antonaki (Ilektra)

    2016-01-01

    textabstractThe evolution of the case law in the field of free movement of goods has been marked by consecutive changes in the legal tests applied by the Court of Justice of the European Union for the determination of the existence of a trade restriction. Starting with the broad Dassonville and

  5. 8 CFR 1245.9 - Adjustment of status of certain nationals of the People's Republic of China under Public Law 102...

    Science.gov (United States)

    2010-01-01

    ... of the People's Republic of China under Public Law 102-404. 1245.9 Section 1245.9 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION REGULATIONS ADJUSTMENT... nationals of the People's Republic of China under Public Law 102-404. (a) Principal applicant status. All...

  6. Negotiated Crime Solutions in Portuguese Law: A nowadays reality in a far-away galaxy?

    Directory of Open Access Journals (Sweden)

    André Ferreira de Oliveira

    2017-03-01

    Full Text Available The ideas of procedural consensus and celerity increasingly shape the Criminal Procedural Law of Democratic countries. Negotiated criminal justice solutions have been multiplying in the last years, posing a multiplicity of challenges to the pure and traditional procedural doctrine, to the rights traditionally assured to the procedural actors, being important to question if the (even more organized criminality and the transnational and technological methods of crime did not shift the center of the confrontation between the efficient administration of justice and the rights of the accused. The Portuguese Republic is no exception: without a legislative framework explicitly guarantying a way to benefit those who collaborate with Justice, one must first question if the Criminal Procedural Code allows or may allow criminal Justice negotiated solutions; we will analyze some foreseen legal solutions of consensualism, not forgeting the Portuguese doctrine and courts decisions.

  7. Prevention of Crime and the Optimal Standard of Proof in Criminal Law

    DEFF Research Database (Denmark)

    Lando, Henrik

    2003-01-01

    The standard of proof in criminal law a®ects retributive justice throughthe number of wrong convictions and wrong acquittals. It also a®ects thelevel of crime, since a higher standard of proof implies less deterrence andless incapacitation. This article derives an expression for the optimal...

  8. Setting standards of restorative justice

    Directory of Open Access Journals (Sweden)

    Kostić Miomira

    2007-01-01

    Full Text Available In the article the author deals with the basic theoretical statements and discussions about the practical use of restorative justice. She discusses the questions of introducing and application of restorative justice in order to reach the balance of interests between a victim, society and a delinquent. There is no unique statement about the restorative justice concept, so the authors make this concept by listing certain activities with rispect of standards and principles. Also she emphasizes the values of restorative justice process. A part of the article is dedicated to the standards for restorative justice that are harmonized with the international documents of human rights. .

  9. Can International Human Rights Law Help Restore Access to Justice for Disabled Workers?

    Directory of Open Access Journals (Sweden)

    Rupert Harwood

    2016-04-01

    Full Text Available The research literature indicates that legislative changes in recent years, including the introduction of tribunal fees, have made it harder for workers in general to enforce their rights under UK employment laws. Drawing on the author’s qualitative study, conducted in 2015 and with information from 265 participants, this paper finds that these legislative changes could be having disproportionate adverse impacts on disabled workers. Of particular note, fees had deterred substantial numbers from submitting discrimination claims; and it appeared that this reluctance to take legal action had in turn emboldened some employers to commit what might have been found to constitute unlawful acts if taken to tribunal. The paper goes onto consider whether these adverse impacts on disabled workers could render fees unlawful under UK and European equality and human rights law and/or could entail violations of rights under the United Nations Convention on the Rights of Persons with Disabilities. The paper concludes that the intent behind UK laws might (in relation to the lawfulness of fees have been frustrated in the domestic courts and that the impact of any future successes in the domestic courts, or under international law, might be dependent upon public opinion and political expediency. The paper also briefly compares developments in Britain with developments in neighbouring and other comparable jurisdictions.

  10. Doing justice to social justice in South African higher education ...

    African Journals Online (AJOL)

    This paper attempts to develop a conceptualisation of social justice in higher education based on a close reading of the current literature in the field. An important assumption we make is that higher education is a valuable mechanism for social justice. We set the literature against policy documents that detail South African ...

  11. A Guide To Test Instruments for Entry and Exit Assessment in Florida Department of Juvenile Justice Educational Programs.

    Science.gov (United States)

    Florida State Dept. of Education, Tallahassee. Bureau of Instructional Support and Community Services.

    The 1999 Florida Legislature revised the laws pertaining to the assessment of students in Department of Juvenile Justice (DJJ) facilities. Revisions identified specific requirements for measuring student academic progress in the basic skill areas of reading, writing, and mathematics. Following the passage of this legislation, the Department of…

  12. Flouting the law: Vigilante justice and regional autonomy on the Indonesian border

    DEFF Research Database (Denmark)

    Eilenberg, Michael

    2011-01-01

    After the Asian Economic Crisis in 1997 and the fall of president Suharto’s authoritarian regime in 1998, rural and urban Indonesia experienced a surge in vigilante killings and the rise of non-state forms of authorities working within the twilight of legality and illegality, catering the role of...

  13. From arrest to sentencing: A comparative analysis of the criminal justice system processing for rape crimes

    Directory of Open Access Journals (Sweden)

    Joana Domingues Vargas

    2008-01-01

    Full Text Available The current article is intended to demonstrate the advantages of prioritizing an analysis of court caseload processing for a given type of crime and proceeding to a comparison of the results obtained from empirical studies in different countries. The article draws on a study I performed on rape cases tried by the court system in Campinas, São Paulo State, and the study by Gary LaFree on rape cases in the United States, based on data in Indianapolis, Indiana. The comparative analysis of determinants of victims' and law enforcement agencies' decisions concerning the pursuit of legal action proved to be productive, even when comparing two different systems of justice. This allowed greater knowledge of how the Brazilian criminal justice system operates, both in its capacity to identify, try, and punish sex offenders, and in terms of the importance it ascribes to formal legal rules in trying rape cases, in comparison to the American criminal justice system.

  14. Balancing Fundamental Rights with Economic Freedoms According to the European Court of Justice

    Directory of Open Access Journals (Sweden)

    Sybe A. de Vries

    2013-01-01

    Full Text Available The development of fundamental rights within the EU legal order has come to a climax through the entry into force of the Treaty of Lisbon in December 2009. Article 6 of the EU Treaty now recognizes the binding force of the EU Charter of Fundamental Rights, embraces the intention to accede to the European Convention on the Protection of Human Rights and Fundamental Freedoms and codifies the European Court of Justice's (ECJ case law that fundamental rights shall constitute general principles of Union law. The question is how these changes made by the Lisbon Treaty, which mark a new stage in the shaping of the EU's commitment to the protection of fundamental rights, inform the relationship between fundamental rights and the classic Treaty economic freedoms, which have been vital in building Europe's 'economic constitution'. This contribution addresses the conflict that may arise between the Treaty economic freedoms and fundamental rights and assesses how the ECJ should balance these conflicting interests, considering the changed EU legal framework. In this paper the approach of the European Court of Human Rights (ECtHR, having to decide in cases where fundamental rights conflict with each other, will also be briefly touched upon and compared with the Court of Justice's approach.

  15. Courts of customary law in the post-soviet states: history and the current situation

    Directory of Open Access Journals (Sweden)

    Сергій Володимирович Васильєв

    2016-01-01

    Full Text Available Problem setting and relevance of the research topic. Research of courts of customary law is not a new trend in the domestic legal science. However, it should be noted that this issue was covered mainly in the historical and ethnographic aspect, and, as a rule, in relation to specific countries or peoples. Taking into account the fact that in some post-Soviet states the rules of the customary law have remained and take effect even under the current conditions, there is a need to study people’s judgment on the basis of historical experience, taking into account the fact that there is no special scientific research on this subject. Paper objective. On the basis of studying the courts of customary law that existed in the territory of the post-Soviet states, to reveal their diversity, special features and peculiarities of formation and to analyze the contemporary forms of the aforementioned courts. Paper main body. The courts of customary law existed in various nations and nationalities since ancient times. The identity of one or another traditional court depended on such facts as the territorial location of the community, the level of economic and cultural development, type of religion, etc. In this paper the organization of the traditional justice of post-Soviet states in the second half of the XIX century was studied, when the basic territorial boundaries of the Russian Empire were formed. It is within these boundaries the peoples lived, who subsequently became Soviet republics, and then independent states. The main characteristic features of traditional courts that existed in the territory of post-Soviet states have been emphasized (1 judicial procedure was not regulated in detail; (2 the rules of the customary law (adat rules were the basis of the justice; (3 members of the court were competent persons of the community; (4 the court was common for all members of the community; (5 disputes were resolved through reconciliation of the parties; (6

  16. Restorative Justice as Social Justice for Victims of Gendered Violence: A Standpoint Feminist Perspective

    Science.gov (United States)

    van Wormer, Katherine

    2009-01-01

    This article provides an overview of restorative justice as a process and examines its relevance to women who have been victimized by physical and sexual abuse. The starting point is the justice system with its roots in adversarial, offender-oriented practices of obtaining justice. The widespread dissatisfaction by battered women and rape victims…

  17. The general principles of civil law: their nature, roles and legitimacy

    NARCIS (Netherlands)

    Hesselink, M.W.; Leczykiewicz, D.; Weatherill, S.

    2013-01-01

    The references made by the Court of Justice in a number of recent cases to ‘the general principles of civil law’ may have been accidental, but they may also represent a deliberate first step towards a new European legal category and a new approach towards European private law. Because of their

  18. Morality, ethics, and law: introductory concepts.

    Science.gov (United States)

    Horner, Jennifer

    2003-11-01

    The purpose of this article is to differentiate morality, ethics, and law. Morality refers to a set of deeply held, widely shared, and relatively stable values within a community. Ethics as a philosophical enterprise involves the study of values, and the justification for right and good actions, as represented by the classic works of Aristotle (virtue ethics), Kant (duty-based ethics), and Bentham and Mill (utilitarian and consequentialist ethics). Applied ethics, in contrast, is the use of ethics principles (e.g., respect for autonomy, beneficence, and nonmaleficence, justice) in actual situations, such as in professional and clinical life. Finally, law is comprised of concrete duties established by governments that are necessary for maintaining social order and resolving disputes, as well as for distributing social resources according to what people need or deserve.

  19. Forensic imaging tools for law enforcement

    Energy Technology Data Exchange (ETDEWEB)

    SMITHPETER,COLIN L.; SANDISON,DAVID R.; VARGO,TIMOTHY D.

    2000-01-01

    Conventional methods of gathering forensic evidence at crime scenes are encumbered by difficulties that limit local law enforcement efforts to apprehend offenders and bring them to justice. Working with a local law-enforcement agency, Sandia National Laboratories has developed a prototype multispectral imaging system that can speed up the investigative search task and provide additional and more accurate evidence. The system, called the Criminalistics Light-imaging Unit (CLU), has demonstrated the capabilities of locating fluorescing evidence at crime scenes under normal lighting conditions and of imaging other types of evidence, such as untreated fingerprints, by direct white-light reflectance. CLU employs state of the art technology that provides for viewing and recording of the entire search process on videotape. This report describes the work performed by Sandia to design, build, evaluate, and commercialize CLU.

  20. Empowering Energy Justice

    Science.gov (United States)

    Finley-Brook, Mary; Holloman, Erica L.

    2016-01-01

    The U.S. is experiencing unprecedented movement away from coal and, to a lesser degree, oil. Burdened low-income communities and people of color could experience health benefits from reductions in air and water pollution, yet these same groups could suffer harm if transitions lack broad public input or if policies prioritize elite or corporate interests. This paper highlights how U.S. energy transitions build from, and contribute to, environmental injustices. Energy justice requires not only ending disproportionate harm, it also entails involvement in the design of solutions and fair distribution of benefits, such as green jobs and clean air. To what extent does the confluence of state, civic, and market processes assure “just” transitions to clean, low-carbon energy production involving equitable distribution of costs, benefits, and decision-making power? To explore this question we assess trends with (1) fossil fuel divestment; (2) carbon taxes and social cost of carbon measurements; (3) cap-and-trade; (4) renewable energy; and (5) energy efficiency. Current research demonstrates opportunities and pitfalls in each area with mixed or partial energy justice consequences, leading to our call for greater attention to the specifics of distributive justice, procedural justice, and recognition justice in research, policy, and action. Illustrative energy transition case studies suggest the feasibility and benefit of empowering approaches, but also indicate there can be conflict between “green” and “just”, as evident though stark inequities in clean energy initiatives. To identify positive pathways forward, we compile priorities for an energy justice research agenda based on interactive and participatory practices aligning advocacy, activism, and academics. PMID:27657101

  1. Empowering Energy Justice

    Directory of Open Access Journals (Sweden)

    Mary Finley-Brook

    2016-09-01

    Full Text Available The U.S. is experiencing unprecedented movement away from coal and, to a lesser degree, oil. Burdened low-income communities and people of color could experience health benefits from reductions in air and water pollution, yet these same groups could suffer harm if transitions lack broad public input or if policies prioritize elite or corporate interests. This paper highlights how U.S. energy transitions build from, and contribute to, environmental injustices. Energy justice requires not only ending disproportionate harm, it also entails involvement in the design of solutions and fair distribution of benefits, such as green jobs and clean air. To what extent does the confluence of state, civic, and market processes assure “just” transitions to clean, low-carbon energy production involving equitable distribution of costs, benefits, and decision-making power? To explore this question we assess trends with (1 fossil fuel divestment; (2 carbon taxes and social cost of carbon measurements; (3 cap-and-trade; (4 renewable energy; and (5 energy efficiency. Current research demonstrates opportunities and pitfalls in each area with mixed or partial energy justice consequences, leading to our call for greater attention to the specifics of distributive justice, procedural justice, and recognition justice in research, policy, and action. Illustrative energy transition case studies suggest the feasibility and benefit of empowering approaches, but also indicate there can be conflict between “green” and “just”, as evident though stark inequities in clean energy initiatives. To identify positive pathways forward, we compile priorities for an energy justice research agenda based on interactive and participatory practices aligning advocacy, activism, and academics.

  2. Estimating Uncompensated Care Charges at Rural Hospital Emergency Departments

    Science.gov (United States)

    Bennett, Kevin J.; Moore, Charity G.; Probst, Janice C.

    2007-01-01

    Context: Rural hospitals face multiple financial burdens. Due to federal law, emergency departments (ED) provide a gateway for uninsured and self-pay patients to gain access to treatment. It is unknown how much uncompensated care in rural hospitals is due to ED visits. Purpose: To develop a national estimate of uncompensated care from patients…

  3. EARLY CHILDHOOD AND RURAL EDUCATION: A NECESSARY MEETING AIMING THE ACHIEVEMENT OF JUSTICE WITH YOUNG CHILDREN LIVING IN RURAL AREAS

    Directory of Open Access Journals (Sweden)

    Maria Carmen Silveira Barbosa

    2013-04-01

    Full Text Available Over the past 40 years the Brazilian government has constituted a major basic education attendance programmed for Brazilian citizens. The 1988 Federal Constitution states the right to education for all Brazilians, whether living in rural or urban areas, and it set kindergarten as the first level in basic education, it constituted a space to be filled by a large contingent of children who, until then, were without an institutional educational space guaranteed for them. Although, the kindergarten coverage in large urban centers has been effective in numerical terms, especially, regarding the pre-school provision, in rural areas this is still not a reality. IBGE (Brazilian Institute of Geography and Statistics - Demographic Census, 2010 reports that Brasil has 16,044 children under 6 years old, in other words, 12% of the total population of Brazil, 3,546 are living in rural areas. According to INEP (National Institute of Educational Studies - School Census, INEP, 2010, from the universe of children aged 0-6 years living in rural areas, only 12.1% attend day care centers and 67.6% attend preschools, a value lower than the urban areas where the coverage is 26% for attendance to day cares and 83% for attendance to pre-school classes. Besides questioning the exiguity of this coverage, especially from the point of view of the mandatory provision of pre-school, it is necessary to map the points of connection and tension between the areas, so it would be possible to give an expansion linked to a qualified and contextualized offer.

  4. Organizational Justice Perception According to Generations

    Directory of Open Access Journals (Sweden)

    Zeki YÜKSEKBİLGİLİ

    2015-12-01

    Full Text Available Although there are many different researches on the subject of organizational justice, there is no research on organizational justice perception according to generations. In this study, the research subject is defined if there is a difference on the perception of organizational justice between x and y generations. After a conduct of 430 surveys the Organizational Justice Scale is used. As a result, it is proved that there is no significant difference between the organizational justice perceptions according to generations

  5. Chronicle of administrative law enforcement in the energy market. Part 1

    International Nuclear Information System (INIS)

    Van Leeuwen, E.W.T.M.; De Rijke, M.

    2012-01-01

    In addition to the Netherlands Competition Authority (NMa), the Netherlands Consumer Authority (CA) also regulates the energy market in the area of consumer rights. Both organizations will merge into the Consumer and Market Authority (ACM). This article provides an overview of the powers of the NMA and CA in relation to law enforcement as shaped by the various laws and law amendments. By means of settlement practices and the administration of justice, an overview is given of the main developments in law enforcement. In this first part, attention is paid to the enforcement instruments of both regulators and one instrument is examined in more detail: the injunction. Part two addresses the order for penalty payment, the civil penalty and the modification and revocation of licenses and exemptions. [nl

  6. Trying to restore justice: bureaucracies, risk management, and disciplinary boundaries in New Zealand criminal justice.

    Science.gov (United States)

    Fox, Kathryn J

    2015-05-01

    New Zealand is well known for its restorative justice conferences in the youth justice system. However, restorative justice has yet to overwhelm the adult criminal justice system. Based on interviews in New Zealand with correctional staff, restorative justice providers, and others, this article explores the reason for the modest inroads that restorative practice has made, and suggests that the general context may explain the limits of restorative justice in other places. The article argues that bureaucratic silos make it challenging to determine if restorative practice might fit within a rehabilitation or reintegration framework. In addition, because of the dominance of psychological modes for assessing and treating criminal behavior, an overarching preoccupation with risk management orients correctional practice toward treatment. Moreover, restorative justice's affiliation with victims' perspectives has made its placement within offender reintegration difficult to imagine. Finally, the penal populism that frames correctional practice in New Zealand, and other Anglophone countries, makes alternative to punishment harder to sell. However, the current liminal state of correctional practice creates an opportunity to conceive of more humanistic ways of repairing the harm caused by crime. © The Author(s) 2013.

  7. Health Justice: A Framework (and Call to Action) for the Elimination of Health Inequity and Social Injustice.

    Science.gov (United States)

    Benfer, Emily A

    Every aspect of society is dependent upon the health of its members. Health is essential to an individual’s well-being, quality of life, and ability to participate in society. Yet the healthcare industry, even at its optimal level of functioning, cannot improve the health of the population without addressing the root causes of poor health. The health of approximately 46.7 million individuals, most of whom are low-income and racial minorities, is threatened by economic, societal, cultural, environmental, and social conditions. Poor health in any population group affects everyone, leading to higher crime rates, negative economic impacts, decreased residential home values, increased healthcare costs, and other devastating consequences. Despite this fact, efforts to improve health among low-income and minority communities are impeded by inequitable social structures, stereotypes, legal systems, and regulatory schemes that are not designed to take into account the social determinants of health in decision making models and legal interpretation. As a result, a large segment of the population is continually denied the opportunity to live long, productive lives and to exercise their rights under democratic principles. Health, equity, and justice make up the keystone of a functional, thriving society. These principles are unsatisfied when they do not apply equally to all members of society. This Article describes the social and legal roots of poor health and how health inequity, social injustice, and poverty are inextricably linked. For example, it provides an in depth overview of the social determinants of health, including poverty, institutional discrimination and segregation, implicit bias, residential environmental hazards, adverse childhood experiences, and food insecurity. It then discusses how the law is a determinant of health due to court systems that do not evaluate individual circumstances, the enactment of laws that perpetuate poor health, and the lack of

  8. The Trial of Zé Bebelo: Law at a Crossing Point

    Directory of Open Access Journals (Sweden)

    Lara Capelo Cavalcante

    2016-06-01

    Full Text Available The aim here is, by studying Guimarães Rosa’s novel Grande Sertão: Veredas, to examine the trial of the character, Zé Bebelo, to determine the functioning of power enclaves established in the Brazilian backlands as genuine parallel states, an evaluation showing the importance of literature as a form of artistic expression, a search for questions about the idea of justice, and a concept of Law, to the extent that the article provides a reflection on the possibility of unifying particular and universal, subjectivity of person and objectivity of institutions within the common ground of laws.

  9. Accreditation and Its Significance for Programs of Higher Education in Criminology and Criminal Justice: A Review of the Literature.

    Science.gov (United States)

    Simpson, Antony E.

    The development of minimum standards in higher education through the evolution of accreditation in specialized disciplines, and standard setting in criminology and criminal justice education are examined. The very different experiences with the concept of accreditation encountered in the fields of public administration and law are considered. Law…

  10. A particular articulation of judicial activism of the CJEU in its approach towards international law

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2012-01-01

    This paper seeks to provide a theoretical and methodological framework that can be used in assessing the judicial activism of the Court of Justice of the European Union (CJEU) in its jurisprudence dealing with public international law. The underlying questions are: What underpins the judicial...... activism of the EU judge in the jurisprudence concerning the relationship between European and public international law? How does the EU judge’s approach to international law shape the relationship between the two legal orders? The chapter proposes the hypothesis that judicial activism and a pluralistic...

  11. The Immigration Crisis' Challenge to the Universality of Intergenerational Justice

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    Ciprian N. RADAVOI

    2016-11-01

    Full Text Available This essay raises the question whether the intergenerational justice (IGJ debate is entering a new phase, in which cultural identity matters are gaining more weight. After the United Nations Conference on Sustainable Development failed, in 2012, to adopt the institution of the Ombudsman for Future Generations, the IGJ debate in its traditional form, i.e. centered upon environmental quality and natural resources, faded. A new intergenerational ‘good’ is now capturing the attention of societies and policy makers. Concern for cultural preservation is widespread among European host societies in the context of the actual immigration crisis, and is at the same time enshrined in the Budapest Memorandum (2014 as an intergenerational duty. Integrating massive numbers of migrants originating from cultures very different from the one of the host country is a challenge to cultural preservation, and thus to the understanding of IGJ declared by the signatories of Budapest Memorandum. Inspired from the international law mechanism of diplomatic protection, this essay proposes that inter-national, rather than universal intergenerational justice, should be aimed at as a first step, under these circumstances.

  12. How to Reckon with Past Evils? Rethinking Transitional Justice Strategies in Post-Authoritarian and Post-Conflict Environments

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    Tomasz Lachowski

    2017-12-01

    Full Text Available The Łódź PPSY International Seminar Transitional Justice: Between Redemption and Retribution. Łódź (June 6, 2017, University of Łódź, Professor Czesław Mojsiewicz International Cooperation Fund and the Editorial Board of the Polish Political Science Yearbook. The Łódź PPSY International Seminar Transitional Justice: Between Redemption and Retribution was the first scientific event co-organized by the Chair of International Law and International Relations (Faculty of Law and Administration, University of Łódź, Research Centre of University of Łódź "The Balkans at the Turn of the 20th and the 21st Century", Professor Czesław Mojsiewicz International Cooperation Fund, Adam Marszałek Publishing House and the Editorial Board of the Polish Political Science Yearbook. The idea that stood behind the organization of the academic seminar was to analyse the current scientific and practical trends witnessed in a global discourse on transitional justice. Deliberations on post-violence efforts and all closely related topics, especially the issue of politics of memory, gathered in the Polish city of Łódź 20 researchers, coming from 7 Polish universities and 8 foreign academic centres. It is worth mentioning that participants of the seminar represented 9 different countries, such as Germany, the Netherlands, Poland, Romania, Slovakia, South Sudan, Ukraine, the United Kingdom and the United States.

  13. Relationships are building blocks to social justice: Cases of biblical justice and African Ubuntu

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    Selaelo T. Kgatla

    2016-10-01

    Full Text Available The entire Bible is full of themes calling humans to live justly with one another and fear God who is the author of justice. The first book of the Bible, Genesis, carries the story of God’s relationship with his people. Their relationship is bound by social justice and mutual love in reciprocity. This article argues that African Ubuntu has an affinity with the Bible’s message of justice and mutual caring for one another. Ubuntu presupposes that humans were created in God’s image and indicates that characteristics such as kindness, charity, equality, love of one’s neighbours and voluntarily dispensing justice to others are present in human life. God created humans to be bound to one another in caring love, coexistence and total dependence. In today’s world, social justice requires good judgement from those who are in privileged positions to implement it.

  14. Principles of subsidiarity and proporcionality in tax law enforcement

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    Karina Ponomareva

    2017-01-01

    Full Text Available Subject. The principles of subsidiarity proportionality, which serve as the basic principles fordetermining the competence of integration associations, are considered in the article.Aim. The aim of this paper is to analyse the place and the importance of Member States’ obligationsderiving from the EU legal order in order to address the relationships between EU lawand national tax law, as well as to analyse the practice of using of principles of subsidiarity andproportionality by the highest courts of the Russian Federation as a federal state.Methodology. The author uses methods of theoretical analysis, particularly the theory ofintegrative legal consciousness, as well as legal methods, including formal legal method andcomparative law.Results, scope. The exercise of power by the European Union in the areas of shared competencemust respect the principle of subsidiarity. The founding Treaties make clear thatsubsidiarity is a legal enforceable legal principle. However. the case law of the EuropeanCourt of Justice reveals that the enforcement of subsidiarity as a judicial principle has beenineffective.The article examines cross-border loss relief for group companies in the context of EuropeanUnion law and considers how this has affected Member States such as the UK. Thecase law of the Court of Justice is then analysed in an attempt to assess whether some ofthe principles set out in these legislative initiatives found their way to Member State lawsthrough the Court's jurisprudence. Following this, the judicial and legislative response tothe Marks & Spencer judgment in the UK are critically assessed.The practical suggestions are looking at developing EU compatible tax principles to be appliedto cross-border taxation within the EU.Having considered the principles of subsidiarity and proportionality in the context of interactionbetween integration and national tax law, the author suggests directions for improvingthe practice of integration tax law. The

  15. Understanding Education for Social Justice

    Science.gov (United States)

    Hytten, Kathy; Bettez, Silvia C.

    2011-01-01

    It has become increasingly common for education scholars to claim a social justice orientation in their work. At the same time, education programs seem to be adding statements about the importance of social justice to their mission, and a growing number of teacher education programs are fundamentally oriented around a vision of social justice.…

  16. Sex offender risk assessment: the need to place recidivism research in the context of attrition in the criminal justice system.

    Science.gov (United States)

    Larcombe, Wendy

    2012-04-01

    Jurisdictions in the United States, United Kingdom, and Australia now have laws that enable preventive detention of post-sentence sex offenders based on an assessment of the offender's likely recidivism. Measures of recidivism, or risk assessments, rely on the criminal justice process to produce the "pool" of sex offenders studied. This article argues that recidivism research needs to be placed in the context of attrition studies that document the disproportionate and patterned attrition of sexual offenses and sexual offenders from the criminal justice process. Understanding the common biases that affect criminal prosecution of sex offenses would improve sexual violence prevention policies.

  17. THE SIGNIFICANCE OF THE COMPLEMENTARITY PRINCIPLE WITHIN THE ROME STATUTE IN INTERNATIONAL CRIMINAL LAW

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    Heribertus Jaka Triyana

    2014-03-01

    Full Text Available In practice, the application of the complementarity principle in the Rome Statute remains unclear, particularly with respect to the prioritization of national penal law jurisdiction. This paper willdiscuss the relevance of the complementarity principle to the development of a national criminal justice system and to the investigation and prosecution of the most serious crimes provided for in the Statute. It was concluded that the complementarity principle should be used to unravel the twisted development of the national criminal justice system in accordance with the provisions of international law. We need to establish our national criminal justice system as the main and foremost forum (hence, willing and able in the process of investigating and prosecuting the most serious crimes on earth. Dalam praktik, aplikasi Asas Pelengkap (the complementarity principle dalam Statuta Roma masihbelum jelas, khususnya terkait dengan pengutamaan (prioritization yurisdiksi hukum pidana nasional. Oleh karena itu, tulisan ini akan membahas relevansi asas tersebut terhadap pembangunan sistem hukum pidana nasional dan terhadap penyelidikan dan penuntutan kejahatan paling serius yang diatur dalam Statuta. Disimpulkan bahwa Asas Pelengkap harus Mahkamah digunakan sebagai pengurai benang kusutpembangunan sistem hukum pidana nasional Indonesia sesuai dengan ketentuan hukum internasional supaya menjadi forum utama (mau dan mampu dalam proses penyelidikan dan penuntutan kejahatan paling serius di muka bumi.

  18. When a Fence Becomes a Cage: The Principle of Autonomy in EU External Relations Law

    DEFF Research Database (Denmark)

    Odermatt, Jed

    and unity of EU law and the EU legal order. What exactly does the principle of autonomy entail in EU external relations law? This Working Paper examines the case-law in which the Court has applied the principle of autonomy and argues that the principle is a more broad and all-compassing structural principle......In Opinion 2/13 the Court of Justice of the European Union found that the draft agreement on the EU’s accession to the European Convention on Human Rights was “liable adversely to affect the specific characteristics of EU law and its autonomy.” The Court in recent years has applied the principle...

  19. Justice systems and ICT
    What can be learned from Europe?

    Directory of Open Access Journals (Sweden)

    Marco Velicogna

    2007-06-01

    Full Text Available The rapid development of information and communication technologies (ICT opens up new opportunities to significantly improve the administration of justice. The availability of web services, the use of electronic filing, the electronic exchange of legal documents, the possibility of on-line legislation and case law are only some examples that are spurring judicial administrations around the world to rethink their current functions and activities. ICT can be used to enhance efficiency, access, timeliness, transparency and accountability, thus helping judiciaries to provide adequate services. As many empirical examples show, this is, however, not always the case. The interaction between technology and highly regulated organisations, such as courts, may often lead to unexpected results. Europe, with its different institutional settings and experiences, allows the exploration of a variety of solutions that can be implemented to support the administration of justice. Most importantly, it also provides the opportunities for a unique insight into the dynamics and problems that may characterize such experiences. This article seeks to provide an empirically derived account on the uses of ICT within the courts and for judicial data interchange. The article is based on data collected through several research projects by the Research Institute on Judicial Systems of the Italian National Research Council, in partnership with other European institutions, including Universities and Ministries of Justice.

  20. Penyelesaian Tindak Pidana Lalu Lintas Melalui Pendekatan Restorative Justice sebagai Dasar Penghentian Penyidikan dan Perwujudan Asas Keadilan dalam Penjatuhan Putusan

    Directory of Open Access Journals (Sweden)

    Nella Sumika Putri

    2015-04-01

    Full Text Available Penyelesaian tindak pidana kecelakaan lalu lintas di Indonesia dapat diselesaikan melalui sistem peradilan pidana,namun pada umumnya pelaku mengadakan proses perdamaian di luar pengadilan dengan keluarga korban sehingga terjadi kesepakatan perdamaian antara para pihak. Model perdamaian tersebut dikenal dengan model pendekatan restorative justice yang sampai saat ini belum diakomodir dalam peraturan perundang-undangan sehingga aparat penegak hukum menjadi ragu untuk menjadikan kesepakatan perdamaian sebagai pertimbangan untuk menghentikan atau melanjutkan penyidikan. Putusan pengadilan juga belum menempatkan perdamaian antara para pihak sebagai dasar untuk melepaskan pelaku. Mekanisme ini hanya terbatas sebagai pertimbangan untuk meringankan pidana kepada terdakwa. Berdasarkan hasil penelitian, upaya pendekatan restorative justice dalam perkara kecelakaan lalu lintas lebih memberikan rasa keadilan baik bagi pelaku maupun korban. Akan tetapi, pelaksanaan penghentian penyidikan karena telah dilakukan pendekatan restorative justice dalam tindak pidana kecelakaan lalu lintas tidak dapat dilakukan secara absolut karena terdapat beberapa kriteria yang harus dijadikan patokan dalam pengambilan keputusan mengenai penyidikan. Abstract Traffic accident crime is resolved by the criminal court. Mostly, however, the perpetrators hold a peace process outside the court with the victims and their families in the model of an agreement among them. This model is known as the restorative justice model. There is no specific legislation on restorative justice as an alternative approach to adjudicate traffic accident, which makes it difficult for the law enforcer to consider restorative justice as a basis to continue or discontinue an investigation. Furthermore, there is no court regulation justifying the use of restorative justice approach as a groundwork to release the perpetrators. This thesis finds that restorative justice approach is more equitable in solving

  1. Constitutional Foundations and Constitutionalization of IP Law - A Tale of Different Stories?

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2015-01-01

    This article first describes how a ‘constitutionalization’ of IPR has taken place in the case law of the Court of Justice of the European Union. It then reflects on the impact of this development. It is argued that the full effect of the constitutionlization will manifest itself in the years to c...

  2. The State of Law – Between Ambition and Reality

    Directory of Open Access Journals (Sweden)

    Nicoleta DIACONU

    2011-11-01

    Full Text Available Objectives: This article proposes to analyze if the statements regarding the unconsciousness of the law state in Romania, as a reason for not being included in the Schengen Area, are susceptible when the evolution of the relations between Romania and the European International Structures have confirmed the beginning of the rule of law in our country. Prior work: The special literature doesn’t offer many documentaries regarding this subject because the statements that doubt the real existence of the law state in Romania are recent. Even so, the previous analyses show the rule of law in Romania only regarding the justice, without saying anything about the efficiency of these rules. Approach: We analyzed the way that the elements of the law state, as they have been identified in the international documents, are mentioned in the constitutional law in our country. Based on these documents, we analyzed if some risky elements towards the law state confirm or not the previous statements. Implications: The study is useful to highlight the institutional declines and also to offer arguments in order to join the Schengen area. Value: The study wants to offer arguments in order to confirm or to infirm the statements that doubt the existence of the law state.

  3. Engineering justice transforming engineering education and practice

    CERN Document Server

    Leydens, Jon A

    2018-01-01

    Using social justice as a catalyst for curricular transformation, Engineering Justice presents an examination of how politics, culture, and other social issues are inherent in the practice of engineering. It aims to align engineering curricula with socially just outcomes, increase enrollment among underrepresented groups, and lessen lingering gender, class, and ethnicity gaps by showing how the power of engineering knowledge can be explicitly harnessed to serve the underserved and address social inequalities. This book is meant to transform the way educators think about engineering curricula through creating or transforming existing courses to attract, retain, and motivate engineering students to become professionals who enact engineering for social justice. Engineering Justice offers thought-provoking chapters on: why social justice is inherent yet often invisible in engineering education and practice; engineering design for social justice; social justice in the engineering sciences; social justice in human...

  4. An exploratory study of mental health and HIV risk behavior among drug-using rural women in jail.

    Science.gov (United States)

    Staton-Tindall, Michele; Harp, Kathi L H; Minieri, Alexandra; Oser, Carrie; Webster, J Matthew; Havens, Jennifer; Leukefeld, Carl

    2015-03-01

    Rural women, particularly those in the criminal justice system, are at risk for HIV related to the increasing prevalence of injection drug use as well as limited services. Research on HIV risk correlates, including drug use and mental health, has primarily focused on urban women incarcerated in prisons. The purpose of this exploratory study is to examine dual HIV risk by 3 different mental health problems (depression, anxiety, and posttraumatic stress disorder [PTSD]) among drug-using women in rural jails. This study involved random selection, screening, and face-to-face interviews with 136 women in 1 Appalachian state. Analyses focused on the relationship between mental health and HIV risk. Nearly 80% of women self-reported symptoms of depression, and more than 60% endorsed symptoms consistent with anxiety and PTSD symptoms. Mental health significantly correlated with severity of certain types of drug use, as well as risky sexual activity. In addition, for women experiencing anxiety and PTSD, injection drug use moderated the relationship between mental health and risky sexual activity. Based on these rates of drug use, mental health problems, and the emergence of injection drug use in rural Appalachia, the need to explore the relationships between these issues among vulnerable and understudied populations, such as rural women, is critical. Because of service limitations in rural communities, criminal justice venues such as jails provide opportune settings for screening, assessment, and intervention for drug use, mental health, and HIV education and prevention. (PsycINFO Database Record (c) 2015 APA, all rights reserved).

  5. Electronic Data Exchange within European Justice: A Good Opportunity?

    Directory of Open Access Journals (Sweden)

    Nadia Carboni

    2012-12-01

    Full Text Available This paper analyses one of the most debated and controversial issues regarding the changes which are taking place in the Justice domain: the complexity of developing and implementing ITC systems that ‘actually work’, and doing so with a reasonable budget and in a reasonable time. While the number of studies on National experiences is slowly growing (see for example Fabri & Contini 2001, Fabri 2007, Contini & Lanzara 2009, Reiling 2012, filling an often-mentioned gap in justice sector literature, building on the European project e-CODEX case study, the authors point the attention to a somewhat new and unexplored phenomenon, the concrete attempt to build cross-border electronic data exchange within the European justice field. e-CODEX (e-Justice Communication via Online Data Exchange is the first European Large Scale Pilot in the domain of e-Justice. The project is carried out by 19 partners either being or representing their national ministries of justice of 15 European countries, plus the Council of Bars and Law Societies of Europe (CCBE, the Conseil des Notariats de l'Union Européenne (CNUE and the National Research Council of Italy (through two of its institutes - IRSIG-CNR and ITTIG-CNR. To provide a better grasp of the project scale, its overall budget is over 14 M euro and about 14 hundred person-months are committed to it. The project aims at improving cross-border access of citizens and businesses to legal means in Europe, as well as to improve the interoperability between legal authorities of different Member States. With a case based approach, e-CODEX is developing and will be soon implementing an interoperability layer to connect existing National Systems in order to provide cross border e-justice services. The project commitment includes running a live pilot in a ‘production environment’ for a duration of twelve months. The electronic services that have been so far selected are: European Payment Order (EPO, European Small

  6. Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

    Energy Technology Data Exchange (ETDEWEB)

    Schwarze, J

    1986-01-01

    The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present.

  7. Variations sur la victime et la justice pénale internationale

    Directory of Open Access Journals (Sweden)

    Julian Fernandez

    2006-09-01

    Full Text Available La victime de graves violations du droit international humanitaire a longtemps été ignorée par une Justice pénale internationale naissante. Pourtant, nul doute que le bénéfice d’une justice éclairée serait un paramètre important dans le processus de « résilience » pour les victimes de l’horreur qui sont incapables d’affronter le quotidien post traumatique. Récemment, le régime de la Cour pénale internationale témoigne d’une prise en compte prometteuse, mais encore fragile des grands droits des victimes (représentation, protection, indemnisation.La víctima de graves violaciones del derecho internacional humanitario fue ignorada por las bases de la Justicia penal internacional naciente. Sin embargo, no cabe duda de que el beneficio de una justicia encendida sería un parámetro importante en el proceso de «resilience» para las víctimas del horror, que son incapaces de enfrentarse con una vida post traumática. Últimamente, el régimen de la Corte Penal Internacional está evolucionando hacia una toma en consideración cada vez más importante, pero aún frágil, de los grandes derechos de las víctimas (representación, protección, indemnización.For a long time, the victim of serious violations regarding humanitarian international law had been ignored by the new field of international criminal Justice. However, the benefit of an enlightened justice would be – no doubt – an important parameter in the process of “resilience” for the victims of the horror, who are unable to face a post traumatic everyday life. Recently, the core rights of the victims before international criminal justice (representation, protection, compensation has been taking into account by the international criminal Court, demonstrating a promising but still fragile evolution.

  8. Justice Dispensation through the Alternative Dispute Resolution System in India

    Directory of Open Access Journals (Sweden)

    Krishna Agrawal

    2014-01-01

    Full Text Available The Law Commission of India in its 222nd report emphasized the need for Alternative Disputes Resolution (ADR for the dispensation of justice, because the courts are inaccessible owing to various factors, e.g., poverty, social and political backwardness, illiteracy, ignorance, procedural formalities and inordinate delay in judgments. During the ancient period the disputes were resolved in an informal manner by neutral third persons or people’s court in villages and it continued till the middle of the 20th century. Unfortunately, after the Independence of India in 1947, this system was dissuaded and the government permitted to continue the adversarial system of justice. In 1980, a committee was set up. It recommended Lok Adalats (People’s Courts. In 1987, the Legal Services Authorities Act was enacted. This Act obligates the states to provide free legal aid to poor persons. Besides this, the Act provides for the establishment of permanent Lok Adalats.This is one of the important modes of ADR. Lok Adalats have been established in all the districts of the country. They bring conciliatory settlement in complicated cases arising out of matrimonial, landlord-tenants, property, insurance and commercial disputes. There are four methods of ADR, viz., negotiation, mediation, conciliation and arbitration. Mediation and arbitration are widely preferred. They are alternatives to litigation. The Arbitration Act for the first time was enacted in 1889 and it was subsequently amended many times. On the objections raised by the Supreme Court of India and also on the adoption of UNCITRAL Model Law on International Commercial Arbitration, in 1996 Arbitration and Conciliation Act was enacted. This law is almost the same as is almost in all the countries.Further, the Government of India established International Centre for Alternative Disputes Resolution (CADR with the objectives of promotion, propagation, and popularizing the settlement of domestic and

  9. The Democartic Procedural Penal Law as an Containment Strategy of the Penal System Expansion and its Blocking Caused by Media Criminalization

    OpenAIRE

    Pereira, André Martins; Lima Pereira, Luana Rochelly Miranda

    2016-01-01

    This study aims to understand the criminal procedural law in a democratic perspective as a containment strategy of the criminal justice system advance or a harm reduction tool, and the way that the democratic perspective of the criminal procedural law is blocked by media criminalization. For that it seeks to analyze the issue from contributions of critical criminology, critical theory of criminal procedural law and critical authors of social comunication

  10. The law and sexual harassment in the physiotherapy work environment in South Africa

    Directory of Open Access Journals (Sweden)

    L. Bütow-Dütoit

    2007-01-01

    Full Text Available This paper presents the legal framework within which sexual harassment of healthcare professionals, including physiotherapists, may be managed in their work environment in South Africa. According to both international and national legal principles, sexual harassment is considered a form of discrimination. There are various statutes in South Africa that may assist physiotherapists when they seek redress after being sexually harassed. These entail labour-related laws, laws aimed at removing all forms of discrimination, as well as the criminal and civil pathways of seeking justice.

  11. Law & Psychiatry: Has the ADA Been Reborn as a Tool of Broad Community Change for People With Mental Disabilities?

    Science.gov (United States)

    Petrila, John

    2014-07-01

    Twenty-five years after enactment of the Americans with Disabilities Act (ADA), the U.S. Justice Department has begun to aggressively use the law to compel states to reform community care of individuals with mental disabilities. In this month's Law & Psychiatry column, the author highlights settlement agreements between Justice and the states of New York and Rhode Island that will produce sweeping changes in housing and employment for thousands of individuals with mental disabilities. Is the ADA's original promise finally being realized? The Americans with Disabilities Act (ADA) was enacted with the hope that it would result in the end of segregation based on disability. That promise has been only partially met. However, two recent settlement agreements between the U.S. Department of Justice and the states of New York and Rhode Island promise sweeping change in housing and employment for thousands of individuals with mental disabilities. This column describes the agreements, which adopt best practices as the foundation for community change and which suggest that the ADA may be reaching its full promise.

  12. Social justice in pandemic preparedness.

    Science.gov (United States)

    DeBruin, Debra; Liaschenko, Joan; Marshall, Mary Faith

    2012-04-01

    Pandemic influenza planning in the United States violates the demands of social justice in 2 fundamental respects: it embraces the neutrality of procedural justice at the expense of more substantive concern with health disparities, thus perpetuating a predictable and preventable social injustice, and it fails to move beyond lament to practical planning for alleviating barriers to accessing care. A pragmatic social justice approach, addressing both health disparities and access barriers, should inform pandemic preparedness. Achieving social justice goals in pandemic response is challenging, but strategies are available to overcome the obstacles. The public engagement process of one state's pandemic ethics project influenced the development of these strategies.

  13. LAW PRINCIPLES AND SOCIAL PHILOSOPHY. DOCTRINE OF THE SOCIAL CONTRACT

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2017-07-01

    Full Text Available e, the understanding of the significances of the “principle of law” needs to have an interdisciplinary character, the basis for the approach being the philosophy of the law. In this study we fulfill such an analysis with the purpose to underline the multiple theoretical significances due to this concept, but also the relationship between the juridical principles and norms, respectively the normative value of the principle of the law. Thus are being materialized extensive references to the philosophical and juridical doctrine in the matter. This study is a pleading to refer to the principles, in the work for the law’s creation and application. Starting with the difference between “given” and ‘constructed” we propose the distinction between the “metaphysical principles” outside the law, which by their contents have philosophical significances, and the “constructed principles” elaborated inside the law. We emphasize the obligation of the law maker, but also of the expert to refer to the principles in the work of legislation, interpretation and applying of the law. Arguments are brought for updating, in certain limits, the justice – naturalistic concepts in the law.

  14. Tobacco smoke exposure and impact of smoking legislation on rural and non-rural hospitality venues in North Dakota.

    Science.gov (United States)

    Buettner-Schmidt, Kelly; Lobo, Marie L; Travers, Mark J; Boursaw, Blake

    2015-08-01

    The purpose of this cross-sectional study in a stratified random sample of 135 bars and restaurants in North Dakota was to describe factors that influenced tobacco smoke pollution levels in the venues; to compare the quantity of tobacco smoke pollution by rurality and by presence of local ordinances; and to assess compliance with state and local laws. In data collection in 2012, we measured the indoor air quality indicator of particulate matter (2.5 microns aerodynamic diameter or smaller), calculated average smoking density and occupant density, and determined compliance with state and local smoking ordinances using observational methods. As rurality increased, tobacco smoke pollution in bars increased. A significant association was found between stringency of local laws and level of tobacco smoke pollution, but the strength of the association varied by venue type. Compliance was significantly lower in venues in communities without local ordinances. Controlling for venue type, 69.2% of smoke-free policy's impact on tobacco smoke pollution levels was mediated by observed smoking. This study advances scientific knowledge on the factors influencing tobacco smoke pollution and informs public health advocates and decision makers on policy needs, especially in rural areas. © 2015 Wiley Periodicals, Inc.

  15. Impact of Implementing a Primary Enforcement Seat Belt Law in Florida : A Case Study

    Science.gov (United States)

    2012-08-01

    On June 30, 2009, Florida implemented a primary seat belt law. The State was already engaged in a Rural : Demonstration Program (RDP) to increase belt usage in rural areas in the northern part of the State and participated : regularly in annual Click...

  16. Reflections on the Maintenance Obligations from the Perspective of the European Law Enforcement

    Directory of Open Access Journals (Sweden)

    Gabriela LUPŞAN

    2014-08-01

    Full Text Available As stated, maintaining and developing an area of freedom, security and justice by the European Union, within which it is ensured the free movement of persons, requires the adoption of, among others, the measures relating to judicial cooperation in civil matters which have cross-border implications. These measures are designed to promote the compatibility of the rules applicable in the Member States concerning the conflict of laws and of jurisdiction. Based on the mobility of persons within the European Union, from the desire to protect both debtors of the maintenance, most often children, and the interest to favor a proper administration of justice within the European Union, there were adopted a number of community instruments relating to maintenance, which has provisions on conflicts of jurisdiction, conflict of laws, recognition and enforceability, enforcement of judgments, judicial assistance and cooperation between central authorities. In the first part of the study we analyzed the rules of jurisdiction according to which it is established the jurisdiction of the court hearing a claim for maintenance, when maintenance obligations arise from a family relationship, parentage, marriage or affinity. In the second part of the study, we limited the analysis to the choice of law applicable on in the case of the obligation between parents and their children.

  17. 7 CFR 1901.202 - Nondiscrimination in FmHA or its successor agency under Public Law 103-354 programs.

    Science.gov (United States)

    2010-01-01

    ... of Agriculture (Continued) RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE SERVICE, RURAL UTILITIES... its successor agency under Public Law 103-354 employee will, while conducting official business...-354 State and County Offices. (g) Racial and ethnic data. Recipients should maintain, for review by Fm...

  18. Narratives of social justice: learning in innovative clinical settings.

    Science.gov (United States)

    Reimer Kirkham, Sheryl; Van Hofwegen, Lynn; Hoe Harwood, Catherine

    2005-01-01

    The nursing profession has renewed its commitment to social and political mandates, resulting in increasing attention to issues pertaining to diversity, vulnerable populations, social determinants of health, advocacy and activism, and social justice in nursing curricula. Narratives from a qualitative study examining undergraduate nursing student learning in five innovative clinical settings (corrections, international, parish, rural, and aboriginal) resonate with these curricular emphases. Data were derived from focus groups and interviews with 65 undergraduate nursing students, clinical instructors, and RN mentors. Findings of this study reveal how students in innovative clinical placements bear witness to poverty, inequities, and marginalization (critical awareness), often resulting in dissonance and soul-searching (critical engagement), and a renewed commitment to social transformation (social change). These findings suggest the potential for transformative learning in these settings.

  19. The concept of energy justice across the disciplines

    International Nuclear Information System (INIS)

    Heffron, Raphael J.; McCauley, Darren

    2017-01-01

    Over the last decade, ‘Energy Justice’ is a concept that has emerged in research across many disciplines. This research explores the role and value of the energy justice concept across the disciplines. It provides the first critical account of the emergence of the energy justice concept in both research and practice. A diagrammatical image for examining the energy justice concepts is presented and this is a tool for interdisciplinary engagement with the concept. In this context, restorative justice is introduced and how it results in energy justice applying in practice is detailed. Energy research scholarship at universities is assessed and it is clear that through universities there is a platform for energy justice scholarship to build on the interdisciplinary energy scholarship at universities. Further, the role of education is vital to policy-making, and the understanding and development of the energy justice concept. Finally, in analysing how the energy justice concept can impact on policy-making, there is a critical examination of the energy justice and its relationship with economics, and how it can transfer directly into practice by assisting in balancing the competing aims of the energy trilemma. - Highlights: • Presents the value of the energy justice concept itself. • Introduces restorative justice as having a key role across the energy justice concept. • Expresses the need to develop a ‘common approach’ for the energy justice concept Advances the conceptual framework for energy justice – from theory to practice.

  20. Judgement of the Court of Justice of the EU in respect to the law on excise duty on nuclear fuel. Only the first act of the drama?; EuGH-Urteil zur Kernbrennstoffsteuer. Nur des Dramas 1. Akt

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Gleiss Lutz Rechtsanwaelte, Duesseldorf (Germany)

    2015-07-15

    The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June 2015. The German Hamburg Finance Court had doubted whether the country's Nuclear Fuel Tax Act was compatible with European law. In the context of an action lodged by a nuclear power plant operator against this tax, the court had suspended the legal action and submitted various legal questions to the ECJ. The decision now taken by the ECJ is not really surprising considering that in his opinion, in February, the Advocate General had already argued that the tax was compatible. The Federal Constitutional Court must now decide whether the German concept of excise duty is to be interpreted in accordance with the EU directive issued to harmonise these very taxes or whether there is some flexibility allowing a different decision.