scholarly journals Social norms and the law in responding to infanticide

Legal Studies ◽  
2018 ◽  
Vol 38 (3) ◽  
pp. 480-499 ◽  
Author(s):  
Karen Brennan
Keyword(s):  
Twentieth Century ◽  
Criminal Justice ◽  
Social Norms ◽  
Legal Framework ◽  
Social Environments ◽  
Liberal Society ◽  
The Impact ◽  
Criminal Justice Response ◽  
Crucial Part

AbstractDuring the early and middle decades of the twentieth century, a number of jurisdictions introduced specific laws to deal with the crime of infanticide, following the English approach to this offence which allowed for a reduced conviction and flexible sentence in cases where women killed their babies aged under 12 months whilst in a mentally disturbed state. Taking the Irish experience, this paper explores the role of social norms in the criminal justice response to infanticide. It is argued that, irrespective of the existing legal framework in place, implicit shared social norms about the ‘appropriate’ outcome in cases where women killed their babies played a crucial part in how this crime has been dealt with by the courts. The criminal justice response will be assessed against shifting legal and social environments, in particular, the enactment of a specific Infanticide Act in 1949, and Ireland's transition from a conservative to a liberal society during the last decades of the twentieth century. In particular, the role of social norms in the interpretation of the medical rationale for this law is explored, and the impact of Ireland's social and cultural liberalisation on the criminal justice response to infanticide is examined.

The impact of Political Parties Law no. 36 of 2015 on requlatinq political parties pluralism in Iraq

2021 ◽  
Author(s):  
Kurdistan Saeed
Keyword(s):  
National Identity ◽  
Political Parties ◽  
Legal Framework ◽  
The Political ◽  
Political Opposition ◽  
The Law ◽  
Lack Of Commitment ◽  
The Impact

This study deals with the political parties’ pluralism in Iraq under the Parties Law No. 36 of 2015. The importance of the study lies in the fact that it looks at a topic that is at the heart of democracy and it is necessary for the success of any democratic processes. The study focuses on parties’ pluralism in Iraq since the establishment of the Iraqi state in 1921 until the end of the Baath Party regime in 2003, it also covers the period after 2003 and pays particular attention to the Parties Law No. 36 of 2015. It focuses on the legal framework of political parties after the adoption of the Political Parties Law and studies the impact of this law on parties’ pluralism in Iraq after its approval in 2015. The study concludes that Law No. 36 of 2015 is incapable of regulating parties’ pluralism for reasons including: the lack of commitment by the political parties to the provisions of the law, the inability of the Parties Affairs Department to take measures against parties that violate the law the absence of a strong political opposition that enhances the role of political parties, the association of most Iraqi parties with foreign agendas belonging to neighboring countries, and the fact that the majority of Iraqi parties express ethnic or sectarian orientations at the expense of national identity.

scholarly journals Who is Portrayed in Second Life: Dr. Jekyll or Mr. Hyde? The Extent of Congruence Between Real Life and Virtual Identity

2012 ◽  
Vol 5 (1) ◽  
Author(s):  
Bernadett Koles ◽  
Peter Nagy
Keyword(s):  
Second Life ◽  
Real Life ◽  
Physical World ◽  
Social Environments ◽  
Individual Level ◽  
Virtual Identity ◽  
Digital Environments ◽  
The Impact ◽  
Public Self Consciousness

Virtual social environments opened the door to individual experiences that may not be feasible or possible in real physical settings; in turn bringing to question the applicability of certain more traditional theories to digital environments. Addressing some of this gap in the available literature, in the current study, we compare virtual and real life identities simultaneously, as well as explore the impact of selfconsciousness on virtual identity. Our results indicate that while some of the overall trends are similar between identities constructed in the physical world and those constructed in virtual settings, different identity elements and dimensions tend to be emphasized to different degrees. Furthermore, we find evidence for the role of private in addition to public self-consciousness as influencing virtual existence. In other words, in addition to the general emphasis concerning the  role of socially influenced external elements in the formulation of virtual identities, the current study highlights the importance of more internalized and  individual level attitudes and perceptions, including one’s inner thoughts, emotions, and perspectives. Implications and future directions are discussed.

scholarly journals Impact of circular economy as the EU’s ambitious policy

2019 ◽  
Vol 11 (2) ◽  
pp. 79-96
Author(s):  
Urška Fric
Keyword(s):  
Political Economy ◽  
Environmental Policy ◽  
Circular Economy ◽  
Best Practice ◽  
Action Plan ◽  
Legal Framework ◽  
New Approach ◽  
Social Actors ◽  
The Impact

Abstract The article describes the role of legislative and legal framework which brought about a new approach to waste management through the concept of circular economy, and its drivers. We explicitly focus on the impact of ambitious EU environmental policy and its financial support from the European Commission (EC) which helped social actors recognize not only the ecological, but also the economic and social benefits of the circular economy. Over 50 actions under the “Circular Economy Action Plan” launched in 2015 have been delivered or are being implemented in this period in European Union (EU). Through overview of the EU’s ambitious policy, best practice of the circular economy in the world and status quo in circular economy at EU level we also show the circular economy is nowadays a crucial megatrend and there is still needed to increase up action at EU level, provide the competitive advantage it brings to EU economy and close the loop. Beside impact of ambitious EU environmental policy article focuses on the Cultural Political Economy (CPE) approach as a political economy approach with the purpose for explaining the role of legislative and legal framework as a mechanism for selection and retention of the paradigm of circular economy.

scholarly journals Witness protection in the criminal justice system of the Baham

2020 ◽  
Vol 12 (1) ◽  
pp. 167-194
Author(s):  
David Baxter Bakibinga
Keyword(s):  
Criminal Justice ◽  
National Level ◽  
Legal Framework ◽  
The Bahamas ◽  
Protection Measures ◽  
Policy Makers ◽  
Criminal Justice Systems ◽  
The Government ◽  
Aid Policy

Witness protection is now firmly entrenched in the modern criminal justice systems especially in jurisdictions dealing with organized and violent crime. The decision by the government of The Commonwealth of The Bahamas to enact legislation in respect to procedural and non-procedural measures for protection of witnesses is commendable, given that violent and organized crime is rife in the country. This article highlights the basic tenets of witness protection and the legal framework, both at the international and national level. It also addresses the role of key duty bearers in the process of witness protection. Furthermore the procedural and non-procedural measures taken by law enforcement officers in The Bahamas are explored. And lastly, the challenges encountered in the implementation of the witness protection measures in The Bahamas are examined. This is intended to aid policy makers, advisers and those entrusted with decision making, like parliamentarians, to devise means and ways to eradicate and/or mitigate challenges faced in the implementation of witness protection measures in The Bahamas.

scholarly journals Rape, inequality and the criminal justice response in England: The importance of age and gender

2019 ◽  
pp. 174889581986309
Author(s):  
Sarah-Jane Lilley Walker ◽  
Marianne Hester ◽  
Duncan McPhee ◽  
Demi Patsios ◽  
Anneleise Williams ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Justice System ◽  
Minority Ethnic Group ◽  
Gender Based Violence ◽  
Age And Gender ◽  
And Gender ◽  
The Impact ◽  
Criminal Justice Response

This article draws upon quantitative and content analysis of 585 reports of rape recorded within two police force areas in England in 2010 and in 2014 tracking individual incidents to eventual outcome to examine the impact, if any, of intersecting inequalities on trajectories of rape cases reported to police. The data were collected as part of the wider Economic and Social Research Council funded Justice, Inequality and Gender-Based Violence research project which examined victim-survivor experiences and perspectives on justice. Building on existing distinctions between types of rape case based on the relationship between victim-survivor and accused, the results suggest age and gender are significant factors in how sexual violence, and the criminal justice system, is experienced. While younger women and girls were disproportionately affected by certain types of sexual violence case and more likely to come into contact with the criminal justice system compared to men and older women, they were not necessarily more likely to achieve a conviction. The findings also confirm that some of the most vulnerable victims-survivors of sexual violence, especially those with poor mental health, are still not achieving criminal justice. Victims-survivors from Black and minority ethnic group or lesbian, gay, bisexual, transgender, transsexual, queer groups are underrepresented within the criminal justice system, implying these groups are not seeking a criminal justice response in the same way as ‘white’ heterosexual victims-survivors.

A Bird’s-Eye View of Arctic Governance: Reflecting on the Role of International Law in Arctic Cooperation from a Bird Conservation Perspective

2009 ◽  
Vol 1 (1) ◽  
pp. 401-426
Author(s):  
Arie Trouwborst
Keyword(s):  
International Law ◽  
Environmental Governance ◽  
Legal Framework ◽  
The Arctic ◽  
Bird Conservation ◽  
Uria Lomvia ◽  
Ivory Gull ◽  
The Impact ◽  
Binding Agreement

Abstract This article discusses the role of international law in environmental governance in the Arctic. It does so from the perspective of bird conservation. Challenges in the latter field are introduced, including the impact of climate change on Arctic bird habitats and the incidental mortality of seabirds in Arctic fisheries. The ability of the current international legal framework in the Arctic to meet these challenges is scrutinised, and future scenarios for its enhancement are explored, including the conclusion of (a) new legally binding agreement(s). Five species receive particular attention as part of this exercise: gyrfalcon (Falco rusticolus), ivory gull (Pagophila eburnea), spoon-billed sandpiper (Eurynorhynchus pygmeus), Kittlitz’s murrelet (Brachyramphus brevirostris) and Brünnich’s guillemot (Uria lomvia). Special attention is also devoted to the issue of seabird bycatch.

First Time Lucky? Exploring Whether First-Time Offenders Should Be Sentenced More Leniently

2013 ◽  
Vol 77 (2) ◽  
pp. 163-171
Author(s):  
Elaine Freer
Keyword(s):  
Criminal Justice ◽  
Theoretical Basis ◽  
Justice System ◽  
Minority Group ◽  
Criminal Behaviour ◽  
Repeat Offenders ◽  
The Impact ◽  
First Time ◽  
Sentence Reductions

This article explores the normative position and theoretical justifications for sentencing first-time offenders more leniently than repeat offenders, and examines whether such a practice is defensible. Those justifications include a lack of awareness of the gravity of criminal behaviour, a single lapse, that no censure has previously been communicated by the criminal justice system to that person, adolescent-limited offending, the impact of being in a minority group, and non-uniform impact. It examines whether various sentencing philosophies support sentence reductions for first-time offenders, and whether the justifiability of such practices depends on the theoretical basis and aims of sentencing, for instance the role of proportionality and deterrence.

Building a Swiss Chalet in an Irish Legal Landscape? Referendums on European Union Treaties in Ireland & the Impact of Supreme Court Jurisprudence

2009 ◽  
Vol 5 (1) ◽  
pp. 32-70 ◽  
Author(s):  
Gavin Barrett
Keyword(s):  
European Union ◽  
Political Parties ◽  
Supreme Court ◽  
Case Law ◽  
Legal Framework ◽  
Equal Access ◽  
Constitutional Amendment ◽  
Political Implications ◽  
The Impact

Irish legal framework on European referendums – Case-law – Judicial activism – No appropriate legislative reaction – Essential scope or objectives test – Constitutional amendment necessary if test not met – Single Act – Pressure for referendum at each new treaty – Political implications – Positive and negative sides of referendums – Referendum-elites – Government sidelined – Equal access to broadcasting – Issues of equality – Diminished role of political parties

scholarly journals Expanding the Role of Paralegals: Supporting Realization of the Right to Health for Vulnerable Communities

2020 ◽  
Author(s):  
Albert Wirya ◽  
Ajeng Larasati ◽  
Sofia Gruskin ◽  
Laura Ferguson
Keyword(s):  
Criminal Justice ◽  
Health Services ◽  
Mixed Methods Research ◽  
Law Enforcement Agencies ◽  
Marginalized Communities ◽  
Training Support ◽  
Health Related ◽  
The Right ◽  
The Impact

Abstract Background All around the world, the paralegal program prepares members of marginalized communities to face the legal system. Having a common background with their clients and being capable of conducting flexible work, paralegals’ role moves beyond enlarging the beneficiaries of legal aid to addressing intersectional issues around health-related rights. This study assesses the impact on the health-related rights of paralegals recruited by Lembaga Bantuan Hukum Masyarakat (LBHM) which operates in Jakarta, Indonesia. The positive results these paralegals can bring in the specific context can contribute to the development of community-based paralegals elsewhere. Methods This mixed methods research was carried out in 2016-2018. In 2016, a quantitative survey was administered to LBHM-trained paralegals and a sub-set of paralegals were also interviewed. Quantitative data were analysed using SPSS, and, for the qualitative data, thematic analysis was conducted. Results The paralegals make important contributions to health-related rights in four distinct ways. Firstly, most of the paralegals checked their clients’ health in all stages of detention, especially regarding their drug dependency status and checking for signs of torture. Secondly, paralegals help clients to be more aware of their medical status by providing information about available health services. Thirdly, paralegals can ensure that their clients obtain health services by taking medicines directly to the clients or encouraging the law enforcement agencies to refer the clients to health services. Lastly, in drug cases, paralegals help their clients to obtain alternative sentences besides imprisonment. Conclusions These four contributions verify the positive impacts paralegals, recruited from marginalized communities, can deliver for community members facing criminal justice processes. The shifting role of paralegals from merely an intermediary between clients and lawyers to champions of the health-related rights of their clients can happen as a result of adequate training, support, and networks with other agents in criminal justice system.

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