scholarly journals Selected issues of juvenile delinquency proceedings

2018 ◽  
pp. 229-248
Author(s):  
Joanna Rajewska de Mezer
Keyword(s):  
Juvenile Delinquency ◽  
Juvenile Offender ◽  
Social Attitudes ◽  
The State ◽  
Penal Code ◽  
Legal Norm ◽  
The Law ◽  
The Difference ◽  
The Way

This paper discusses selected issues of juvenile delinquency proceedings. It points the reader’s attention to the difference in the approach towards a juvenile offender. This different approach consists in shaping the way the state reacts to them breaking a legal norm and directing it towards resocializing education. It underlines the specific characteristics of the interactions’ subject – a juvenile whose identity and social attitudes are in the making. These features justify the fact that educational and reformatory measures based on the law on juvenile delinquency proceedings are applied in their case, rather than the punitive ones defined in the Penal Code. The paper analyses selected topics related to executing specific (educational or reformatory) measures that spark controversy among the entities that take up educational, activating and aid-related actions.

scholarly journals Interpretation and Legal Theory: as críticas de Andrei Marmor ao interpretativismo de Ronald Dworkin

2017 ◽  
Vol 2 (1) ◽  
pp. 39
Author(s):  
Pablo Antonio Lago
Keyword(s):  
Legal Theory ◽  
The State ◽  
Ronald Dworkin ◽  
De Se ◽  
The Law ◽  
The Difference ◽  
State Of Art ◽  
The Way

<p><strong>RESUMO:</strong></p><p><span id="docs-internal-guid-decdab21-6e60-7f17-85b2-a2ed5562f90b"><span>O presente artigo tem por objeto as principais críticas que Andrei Marmor, em seu livro </span><span>Interpretation and Legal Theory</span><span>, apresenta à concepção de interpretação defendida por Ronald Dworkin. Em um primeiro momento, Marmor sugere que, para Dworkin, toda e qualquer conclusão sobre o Direito seria objeto de interpretação, o que não seria correto quando analisamos, por exemplo, o modo como seguimos certas regras e convenções. Em um segundo momento, Marmor argumenta que a perspectiva dworkiniana defende uma objetividade impossível de ser alcançada na interpretação: o fato de que compartilhamos valores de natureza incomensurável, por exemplo, implica na impossibilidade de se considerar que uma interpretação será, todas as coisas consideradas, melhor que outra. Analisando tais críticas à luz das respostas que Dworkin ofereceu ou poderia ter oferecido, conclui-se que a visão de Marmor sobre a concepção dworkiniana de interpretação é incorreta, na medida em que ignora distinções que lhe são centrais, como a diferença entre “conceitos criteriais” e “conceitos interpretativos”, e sobre a natureza integrada dos valores que compartilhamos socialmente. Ainda assim, o debate entre ambos os autores ressalta sua clara natureza metodológica, sendo importante para a compreensão do “estado da arte” da Teoria do Direito contemporânea de vertente analítica.</span></span></p><p><strong>ABSTRACT:</strong></p><p dir="ltr"><span>This paper focuses on the main criticisms presented in Andrei Marmor’s </span><span>Interpretation and Legal Theory</span><span> to Ronald Dworkin’s conception of interpretation. In the first criticism, Marmor suggests that in Dworkin’s theory each and every conclusion about what the law is in a given case is a result of interpretation, which cannot be correct when we think, for example, about the way we follow certain rules and conventions. In the second criticism, Marmor argues Dworkin supports an impossible objectivity view on interpretation: the fact that we share values of incommensurable nature, for example, implies that it is impossible to consider that one interpretation can be the best, all things considered. Considering both criticisms and the answers that Dworkin offered or could have offered to it, this paper concludes Marmor's view about Dworkin's concept of interpretation is incorrect, considering that Marmor ignores central distinctions of Dworkinian thought, such as the difference between "criterial” and “interpretive” concepts, and about the integrated nature of values we share on society. Nevertheless, the debate emphasizes its methodological nature, and is important to understand the state of art of the analytical contemporary legal theory.</span></p><div><span><br /></span></div>

Constitutional Rights and Social Welfare: Exploring Claims-Making Practices in Post-Apartheid South Africa

2020 ◽  
Vol 53 (1) ◽  
pp. 25-48
Author(s):  
Whitney K. Taylor
Keyword(s):  
South Africa ◽  
Social Welfare ◽  
Neighborhood Context ◽  
The State ◽  
Constitutional Rights ◽  
The Law ◽  
Material Conditions ◽  
Do So ◽  
The Way

When do individuals choose to advance legal claims to social welfare goods? To explore this question, I turn to the case of South Africa, where, despite the adoption of a "transformative" constitution in 1996, access to social welfare goods remains sorely lacking. Drawing on an original 551-person survey, I examine patterns of legal claims-making, focusing on beliefs individuals hold about the law, rights, and the state, and how those beliefs relate to decisions about whether and how to make claims. I find striking differences between the factors that influence when people say they should file a legal claim and when they actually do so. The way that individuals interpret their own material conditions and neighborhood context are important, yet under-acknowledged, factors for explaining claims-making.

scholarly journals Criminal Liability and Crime and Punishment Proportionality in the Crime of Legal Entities

2016 ◽  
Vol 9 (6) ◽  
pp. 61
Author(s):  
Samira Soltani ◽  
Ahmad Ramazani
Keyword(s):  
Criminal Liability ◽  
Penal Code ◽  
Legal Person ◽  
The Public ◽  
Crime And Punishment ◽  
Economic Exclusion ◽  
The Law ◽  
Definition Of ◽  
Legal Entities ◽  
The Way

One of the innovations of Islamic Penal Code in 2013 was to accept criminal liability of legal entities. By accepting criminal liability of legal entities, the way to punish them is arisen. As a legal person cannot commit any crime, any punishments are not applicable to them. Accordingly, Article 20 of this Law enumerated a list of penalties applicable to legal persons and it was tried to use penalties in accordance with the legal entities to deal with them. Punishments such as dissolution, confiscation, cash fine, announcement of the judgment, Diyeh, social and economic exclusion; such as a ban on business activities, prohibition of the public invitation to raise capital and ban from drawing business documents listed in Article 20 and Article 14, are a set of punishments which relatively different from usual punishment for individuals. These penalties are relative diversity, but what is objectionable is that the details and conditions of implementation of each of these punishments are not clear. If legislator described the details exactly or provided the condition to require the adoption of The Executive Bylaw of the punishment, it would be better. Given that all the points and issues about penalties for legal persons are not stated in this law as well as ambiguities in the law for a comprehensive definition of legal person, the way to implement main and supplementary punishments, In this study it was tried to evaluate and criticize the legal entities penalties including main and supplementary ones and their grading.

scholarly journals El menor inmigrante como infractor penal

2017 ◽  
Vol 3 (1) ◽  
Author(s):  
Rosa Salvador Concepción
Keyword(s):  
Criminal Responsibility ◽  
Juvenile Offender ◽  
Significant Proportion ◽  
Immigrant Children ◽  
Legal Issues ◽  
Penal Code ◽  
The Law

Resumen: La vigente Ley Orgánica 5/2000, de 12 de Enero reguladora de la Responsabilidad Penal de los Menores, en lo sucesivo la LORPM, se dictó para la determinación de la responsabilidad de las personas mayores de catorce años y menores de dieciocho por la comisión de hechos tipificados como delitos o faltas en el Código Penal o en las leyes penales especiales, lo que conlleva que actualmente una proporción importante de los menores imputados y procesados según esta Ley, sean menores inmigrantes que por distintos motivos se ven abocados a una actuación delictiva que les va a conllevar una responsabilidad penal. Es por lo que, en este trabajo vamos a estudiar los aspectos más importantes relacionados con esta delincuencia desde un enfoque pormenorizado hacia el menor infractor cuando éste es inmigrante, analizando la especial problemática de este fenómeno juvenil con el estudio de las cuestiones tanto de carácter social como de carácter jurídico que convergen en su tratamiento. Abstract: The Law 5/2000 of January 12 regulating the Criminal Responsibility of Juveniles – LORPM- was issued for determining the responsibility of persons aged fourteen and under eighteen for committing acts classified as offenses under the Penal Code or special penal laws, which currently carries a significant proportion of juveniles charged and prosecuted under this act, whether immigrant children who for various reasons are forced into a criminal act that they will lead to a criminal responsibility. It is the reason that in this work we are going to study the most important aspects related to this kind of crime with a detailed approach to the juvenile offender when he is an immigrant, analyzing the special problems of this phenomenon by studying social and legal issues that converge in their treatment

scholarly journals Female directors in Italy: The state of art after the mandatory gender quota

2017 ◽  
Vol 14 (3) ◽  
pp. 157-169 ◽  
Author(s):  
Barbara Sveva Magnanelli ◽  
Elisa Raoli ◽  
Riccardo Tiscini
Keyword(s):  
Family Firms ◽  
The State ◽  
Board Composition ◽  
Corporate Boards ◽  
Female Directors ◽  
Before And After ◽  
The Law ◽  
The Difference ◽  
The Impact ◽  
State Of Art

The purpose of this paper is to investigate the state of art of female directors in terms of presence, role and remuneration for Italian corporate boards. The analysis wants to highlight the changes occurred after the introduction of the mandatory female quotas legislation in 2012 and to check how many firms are already complying with the law after 2 years. The picture of the state of art is drawn looking at 163 Italian listed firms for a period of 4 years, from 2011 to 2014. The analysis of the data reveals relevant differences in board composition before and after the law. A significant result concerning the presence of female directors stands in the difference between family and non-family firms: the first are those with higher number of female members in the board. Additionally, an interesting data refers to the amount of remuneration for women, which is significantly lower than the remuneration provided to male directors. Being the first work which charts the situation of board composition and board member remuneration in Italy before and after female quotas introduction, this paper wants to trace some key points for future analysis about the impact of female quotas on various firm’s aspects, such as firm performance, firm earning management and quality, governance characteristics.

Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change

2021 ◽  
pp. 297-302
Author(s):  
Marc Galanter
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Change ◽  
System P ◽  
The Law ◽  
Over Time ◽  
Do So ◽  
The Way

This article proposes some conjectures about the way in which the basic architecture of the legal system creates and limits the possibilities of using the system as a means of redistributive change. Specifically, the question is under what conditions litigation can be redistributive, taking litigation in the broadest sense of the presentation of claims to be decided by courts. Because of differences in their size, differences in the state of the law, and differences in their resources, some of the actors in society have many occasions to utilize the courts; others do so only rarely. One can divide these actors into those claimants who have only occasional recourse to the courts (one-shotters) and repeat players who are engaged in many similar litigations over time. The article then looks at alternatives to the official litigation system.

Arbitration and Literature

2020 ◽  
pp. 894-909
Author(s):  
François Ost
Keyword(s):  
Law And Literature ◽  
State Courts ◽  
Literary Fiction ◽  
Court System ◽  
Literary Works ◽  
The Law ◽  
The Difference ◽  
To Receive ◽  
The Way

This chapter discusses the representation of arbitration in literature. Arbitration seems to receive little attention in literary works, as opposed to justice and the judge, which form the heart of the ‘law and literature’ movement. This disparity is likely due to the collective fascination with the judge as the embodiment of justice. The air of mystery that often surrounds arbitration can also be explained by the difference between the way in which it is presented in fictional texts and in modern law. Literature does not usually apprehend arbitration in the strict understanding of a private judge chosen by the parties, who adjudicates on a dispute by rendering a final and binding award which he cannot enforce without the assistance of state courts. Yet literature’s approximations in the treatment of arbitration are precisely what makes them interesting, in that they shed a welcome light on a justice that is both broader and more perennial than the justice that is rendered within the strict boundaries of the traditional court system. Works of literary fiction also provide many valuable stories about the value and reach of decisions rendered by arbitrators.

scholarly journals A Greve e seus sentidos político e jurídico / Strike and its political and Legal senses

2019 ◽  
Vol 47 (1) ◽  
pp. 252-268
Author(s):  
Felipe Cesar Rebêlo
Keyword(s):  
Social Action ◽  
Class Struggle ◽  
Institutional Structure ◽  
The State ◽  
Social Rights ◽  
Political Aspect ◽  
The Social ◽  
The Law ◽  
The Way

A greve é reconhecida como um instituto em constante evolução, representativo dos direitos sociais. Passa por uma evolução constante, de acordo com as demandas que surgem historicamente. Nesse ponto, se averigua como o instituto jurídico é construído, bem como a forma que sua feição política pode desenvolver. A compreensão da doutrina e da jurisprudência se faz necessária, em consonância as determinações legais, bem como ao espírito social que move multidões, em expressão de uma ação social que necessita ser revisitada considerando cânones mais profundos, e do próprio direito e da constituição do Estado, como forma de legitimação da estrutura institucional em que a sociedade pode se formatar. A forma de concretização das demandas sociais, à luz de uma preocupação que se compactue com a luta de classes no ambiente capitalista, em que o direito é analisado como instrumentalização dessa constante social, merece ponderação na análise contemplada.   Abstract: Strike is recognized as a constantly evolving institute, representative of social rights. It goes through a constant evolution, according to the demands that arise historically. At this point, it examines how the legal institute is constructed, as well as the form that its political aspect can develop. Understanding the doctrine and jurisprudence is necessary, in accordance with legal determinations, as well as the social spirit that moves crowds, in expression of a social action that needs to be revisited considering deeper canons, and of the law itself and the constitution of the State, as a way of legitimizing institutional structure in which society can be shaped. The way of concretizing social demands, in the light of a concern that is compacted with the class struggle in the capitalist environment, in which the law is analyzed as an instrumentalization of this social constant, deserves consideration in the analysis.

scholarly journals Uzasadnianie twierdzeń interpretacyjnych z perspektywy derywacyjnej koncepcji wykładni prawa

2020 ◽  
pp. 7-18 ◽  
Author(s):  
Agnieszka Choduń ◽  
Maciej Zieliński
Keyword(s):  
Legal Norm ◽  
Legal Interpretation ◽  
Content Validation ◽  
Starting Point ◽  
The Law ◽  
The Difference ◽  
Made In

The duty to provide justification for claims is the realization of the postulate of criticism in the academia. Decisions regarding legal interpretation (regardless of whether they are formulated in the process of applying the law or outside this process) are made in the form of claims about a binding legal norm with a certain content. Validation of such claims requires their justification, just like in the academia. And in the academia, a claim remains theoretical until someone presents an inter-subjectively verified justification for it. The aim of this article is precisely that: to indicate the necessity to justify interpretive claims (both partial and final) in the process of interpretation. As a starting point in the process of demonstrating the need to formulate such a justification, we choose the derivative conception of legal interpretation, which provides for the duty to justify interpretive claims for methodological reasons (and which is an intrinsic element of the content of legal directives in this conception, at least implicitly). We present and discuss the types of justifications for interpretive claims and their variants (weak and strong). Furthermore, we analyse the difference between justifying ordinary and interpretive claims. Finally, we also identify the consequences of failure to provide such justifications.

scholarly journals STRENGTHENING PANCASILA AS NATIONAL IDEOLOGY TO IMPLEMENTATE THE BALANCING VALUES TO IMPROVE LAW’S APPLICATION IN INDONESIA

2018 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Muhammad Chairul Huda
Keyword(s):  
The State ◽  
Rational Basis ◽  
Modus Vivendi ◽  
People’S Perception ◽  
National Ideology ◽  
Race Ethnicity ◽  
The Law ◽  
Basic Philosophy ◽  
Law Making ◽  
The Way

People’s perception of Pancasila seems to be on the way back. It reminds us that the acceptance of Pancasila as the national ideology is actually not something taken for granted. For that reason, it is necessary to refresh the Pancasila from aspects of knowledge, understanding and practice of the philosophical values contained in it. Law development must be started from the values of Pancasila, because essentially Pancasila is a milestone of convergence of ideas and thoughts on the basic philosophy of state discussed deeply by the founders of the state. Pancasila becomes a sublime agreement (modus vivendi) which is then established as the foundation of state ideology. In this case, Pancasila becomes the rational basis of assumptions about the law to be established as well as the orientation that shows where the nation and state should be established. Thus, Pancasila is an agreement and consensus to build a nation of one country, without considering the different backgrounds that include religion, race, ethnicity, culture, language and others. As the foundation of the state, Pancasila becomes the rechtsidee that should be written in every law-making and enforcement.

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