Who May Be Killed? Anwar al-Awlaki as a Case Study in the International Legal Regulation of Lethal Force

2011 ◽  
pp. 3-60 ◽  
Author(s):  
Robert Chesney
Keyword(s):  
Legal Regulation ◽  
Lethal Force

scholarly journals Creating and Maintaining Structural Hindrances to Criminal Justice Control – A Policy Analysis on the Normalisation of Parental Violence as a Crime in Finland

2021 ◽  
pp. 096466392110208
Author(s):  
Riikka Kotanen
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Interpersonal Violence ◽  
Legal Regulation ◽  
Division Of Labour ◽  
Legal Form ◽  
Parental Violence ◽  
Control Policies ◽  
And Control

In the context of home, violence remains more accepted when committed against children than adults. Normalisation of parental violence has been documented in attitudinal surveys, professional practices, and legal regulation. For example, in many countries violent disciplining of children is the only legal form of interpersonal violence. This study explores the societal invisibility and normalisation of parental violence as a crime by analysing legislation and control policies regulating the division of labour and involvement between social welfare and criminal justice authorities. An empirical case study from Finland, where all forms of parental violence were legally prohibited in 1983, is used to elucidate the divergence between (criminal) law and control policies. The analysis demonstrates how normalisation operates at the policy-level where, within the same system of control that criminalised these acts, structural hindrances are built to prevent criminal justice interventions.

scholarly journals Legal regulation on protecting marine environment from sea sand mining impact: a case study of spermonde archipelago

2021 ◽  
Vol 860 (1) ◽  
pp. 012092
Author(s):  
Maskun ◽  
Sri Susyanti Nur ◽  
Achmad ◽  
Nurul Habaib Al Mukarramah ◽  
Muhammad Arfan Arif
Keyword(s):  
Marine Environment ◽  
Legal Regulation ◽  
Sand Mining ◽  
Sea Sand ◽  
Mining Impact ◽  
Spermonde Archipelago

scholarly journals Establishing the Best Practice in Business in Network Society – the Case of “Natura Siberica”, 2017.

TECHNOLOGOS ◽  
2021 ◽  
pp. 54-64
Author(s):  
Larionov Igor ◽  
Orlova Svetlana
Keyword(s):  
Business Ethics ◽  
Animal Rights ◽  
Best Practice ◽  
Methodological Approach ◽  
Legal Regulation ◽  
Network Society ◽  
Complex Nature ◽  
Responsible Consumption ◽  
The Subject

The aim of this paper is the situation analysis or case study of the conflict between the cosmetics manufacturer "NATURA SIBERICA" (Russia) and its consumers. This conflict took place in 2017 as an interaction of the users of social networks. The importance of this study is that its object is the ongoing process of increasing the role that network society plays in discussing the value problems of contemporary society. This study shows the relevance of J. van Dyck's statement that digitalization promotes the transfer of communication about values in media network, and this constitutes the novelty of the paper. Accordingly, the objectives of the study were formulated as a description of the conflict situation and the definition of the subject of research as a manifestation of the complex interaction in contemporary network society; identifying the groups of irreducible values that caused the conceptual conflict; the analysis of these values from the perspective of law, as well as contemporary business ethics. The methodological approach that was chosen followed the complex nature of the subject of the study. As a general methodological approach the systematic method was used, which allows to determine the essence and key properties of the investigated phenomenon. The method of case analysis or case-study gave us the tools to implement this approach, taking into account the specifics of the object, as well as to connect the study to the practical task of finding the best solution in a situation of conflict of values. To analyze the unfolding of the conflict in conditions of virtual reality the structural-functional method was applied, which allowed conceptualizing the relationship between social phenomena of different levels. Using the method of ethical-philosophical analysis we revealed the content of the positions expressed by the participants of the conflict. The method of categorical analysis of legal texts was also applied. As a result of the study it was revealed that in a case of the gap in legal regulation it were the animal rights values and values of responsible consumption that provided the conceptual background for the positions articulated by the conflict participants. Next, we show that in this case the unfair advertising led to a crisis of consumers’ trust and caused the need to strengthen the ethical image of the company. Finally, this case of the company's reaction to the conflict could be conceptualized as an example of “best practice” for business ethics today.

scholarly journals Effectiveness of Judicial Protection against Administrative Silence in the Czech Republic

2019 ◽  
Vol 17 (1) ◽  
pp. 43-68
Author(s):  
Soňa Skulová ◽  
Lukáš Potěšil ◽  
David Hejč ◽  
Radislav Bražina
Keyword(s):  
Decision Making ◽  
Czech Republic ◽  
Statistical Analysis ◽  
Best Practices ◽  
Legal Regulation ◽  
The Czech Republic ◽  
Effective Instrument ◽  
Court Proceedings ◽  
Judicial Protection

This paper is devoted to the issue of judicial protection in case of (or against) administrative silence (inactivity) and its effectiveness on the case study of the Czech Republic. The aim of judicial protection against administrative silence is to help solving or terminating administrative silence quickly, otherwise, an imaginary vicious circle is created. The purpose of the paper is to verify whether judicial protection is indeed effective by surveying the related legislation and court practice (especially the length of proceedings) dealing with the so-called inactivity. The methods of analysis applied are normative analysis, literature review, statistical analysis of decision-making activities of courts and deduction. Our findings establish that due to the excessive length of court proceedings and incomprehensible legal regulation it is difficult to view the judicial protection against administrative silence as being a speedy and effective instrument of remediation of inactivity on the part of administrative authorities. The results can serve as a ground to compare the situation with other similar countries and to exchange best practices.

Religion between Liberty and Equality

2016 ◽  
Vol 4 (2) ◽  
pp. 179-193
Author(s):  
Silvio Ferrari
Keyword(s):  
Cultural Background ◽  
Legal Regulation ◽  
Linear Process ◽  
Final Outcome ◽  
Freedom Of Religion ◽  
Good Case ◽  
Globalization Of Law ◽  
The Right

In this paper I argue that the shift from liberty to equality in the legal regulation of freedom of religion is part of a larger process of globalization of law that can change the “quality” of the right to freedom of religion and belief However, this shift does not have the same impact on different areas of the legal regulation of freedom of religion and belief. Moreover, it needs to be contextualized and considered in the light of the different historical and cultural background of each country. For these reasons the shift from liberty to equality cannot be understood as a linear process. The forms it takes and its final outcome can be very different according to the legal fields and the countries that are taken into consideration. Europe, with its rich background of internal diversity, provides a good case-study to test the soundness of this claim.

Passive victims or empowered actors: Accommodating the needs of child domestic workers

2013 ◽  
Vol 21 (1) ◽  
pp. 97-126 ◽  
Author(s):  
Dianne Scullion
Keyword(s):  
Domestic Work ◽  
Domestic Workers ◽  
Legal Regulation ◽  
Best Interests ◽  
Employment Decisions ◽  
Autonomous Decision ◽  
Alternative Approach

Legal regulation of child employment takes a particular focus, with concern surrounding children’s right to protection from exploitative work. Using domestic work as a case study, this article demonstrates that there is little or no consideration of the possibility that children discovered in domestic work, are there as a result of their own autonomous decision to enter what they view as an employment arrangement. Instead, there is often an assumption that these children have been trafficked. A child’s right to be heard under Article 12, UNCRC, and their right to protection from exploitative employment under Article 32, UNCRC, are relevant to this discussion, as are the decisions made for the child on the basis of their best interests under Article 3, UNCRC. An alternative approach is suggested which may help to empower children, enabling well-informed employment decisions to be made, rather than only ever treating them as passive victims.

scholarly journals Impact of atypical forms of employment on theoretical concepts of the labor relation (case study of the norms regulating distance labor)

2019 ◽  
pp. 108-117
Author(s):  
N. V. Chernykh
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Labor Relation ◽  
Legal Regulation ◽  
Theoretical Concepts ◽  
Domestic Science ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Distance Work

As the result of the active development of electronic (digital) technologies and the consequent change in the characteristics of labor as a social phenomenon the so-called atypical forms of employment emerged and spread. This trend is typical for both foreign countries and the Russian Federation. However, the lag in the legal regulation of atypical forms of employment in our country raises various problems of law enforcement. In turn, the need to understand the new properties of labor performed within the framework of atypical forms of employment, the analysis of the modification of classical features of labor relations developed by the domestic science of labor law represent the reason for the lack of the relevant legal regulation. The article attempts to trace such modification on the example of norms regulating distance work and enshrined in Chapter 49.1 of the Labor Code of the Russian Federation with due regard to the emerging practice of their application.

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