Kataki-uchi: The Practice of Blood-Revenge in Pre-Modern Japan

1976 ◽  
Vol 10 (4) ◽  
pp. 525-542 ◽  
Author(s):  
D. E. Mills
Keyword(s):  
Human Life ◽  
Japanese Government ◽  
Public Authority ◽  
Close Relative ◽  
Meiji Restoration ◽  
Ancient Times ◽  
The Law ◽  
The Government ◽  
The Right ◽  
Natural Expression

Five years after the Meiji Restoration, on the seventh of the second month of 1873, the Japanese Government issued the following decree:The taking of human life is strictly prohibited by the law of the land, and the right to punish a murderer lies with the Government. However, since ancient times it has been customarily regarded as the duty of a son or younger brother to avenge the murder of his father or elder brother. While this is a natural expression of the deepest human feelings, it is ultimately a serious breach of the law on account of private enmity, a usurpation for private purposes of public authority, and cannot be treated as other than the crime of wilful slaughter. Furthermore, in extreme cases the undesirable situation often arises that one person wantonly and deliberately kills anothe in the name of revenge without regard for the rights and wrongs of the case or the justification for his act. This is to be deplored, and it is therefore decreed that vengeance shall be strictly prohibited. In future, should some close relative unfortunately be killed, the facts should be set out clearly an a complaint be laid before the authorities. Let it be plainly understood that anyone who ignores this injunction and adheres to the old customs, taking the law into his own hands to kill for revenge, will be subject to a penalty appropriate to his offence.

Sedition in Liberal Democracies

2018 ◽  
Author(s):  
Anushka Singh
Keyword(s):  
Freedom Of Expression ◽  
Legal Protection ◽  
Community Based ◽  
Political Speech ◽  
Liberal Democracies ◽  
Indian Experience ◽  
Judicial Discourse ◽  
The Law ◽  
The Government ◽  
The Right

Liberal democracies claim to give constitutional and legal protection of varying degrees to the right to free speech of which political speech and the right to dissent are extensions. Within the right to freedom of expression, however, some category of speeches do not enjoy protection as they are believed to be ‘injurious’ to society. One such unprotected form of political speech is sedition which is criminalized for the repercussions it may have on the authority of the government and the state. The cases registered in India in recent months under the law against sedition show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, a group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracies. The work is done in a comparative framework keeping the Indian experience as its focus, bringing in inferences from England, USA, and Australia to intervene and contribute to the debates on the concept of sedition within liberal democracies at large. On the basis of an analytical enquiry into the judicial discourse around sedition, the text of the sedition laws, their political uses, their quotidian existence, and their entanglement with the counter-terror legislations, the book theorizes upon the life of the law within liberal democracies.

scholarly journals Tipologi Penindakan Kejahatan Korporasi Dalam Korupsi Dana Bantuan Pandemi Covid-19

2021 ◽  
Vol 24 (01) ◽  
pp. 1-13
Author(s):  
Michelle Kristina
Keyword(s):  
Law Enforcement ◽  
Corporate Responsibility ◽  
Qualitative Methodology ◽  
Human Life ◽  
Criminal Liability ◽  
Assistance Program ◽  
Community Activities ◽  
The Government ◽  
The Right ◽  
The Impact

The development of human life nowadays cannot be separated from various aspects such as economy, politics, and technology, including the impact of the coronavirus outbreak (Covid-19 or SARS-CoV-2) which emerged at the end of 2019. Responding to this Covid-19 pandemic outbreak In Indonesia, the government has issued various policies as measures to prevent and handle the spread of Covid-19. One of these policies is to limit community activities. These restrictions have implications for the fulfilment of the economic needs of the affected communities. Responding to the urgency of this community's economic situation, the government held a social assistance program as a measure to ease the community's economic burden. However, the procurement of the program was used as a chance for corruption involving the Ministry of Social Affairs and corporations as the winning bidders. This study uses a qualitative methodology with a normative juridical approach and literature. The approach is carried out by conducting a juridical analysis based on a case approach. The results of the study show that the corporations involved cannot be separated from corporate responsibility. However, the criminal liability process against the corporation is deemed not to reflect justice for the current situation of Indonesia is experiencing. The crime was not carried out in a normal situation but in a situation when Indonesia was trying hard to overcome the urgent situation, the Covid-19 pandemic. Corporate crimes committed by taking advantage of the pandemic situation are deemed necessary to prioritize special action or the weight of criminal acts committed by corporations. The weighting of criminal sanction is the right step as a law enforcement process for corporate crimes during the pandemic.

scholarly journals Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,
Keyword(s):  
Human Rights ◽  
Human Beings ◽  
Social Approach ◽  
Persons With Disabilities ◽  
Psychological Barriers ◽  
Contemporary Situation ◽  
The Law ◽  
The Government ◽  
Definition Of ◽  
The Right

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

scholarly journals Abortion: A Review on Indonesia Regulations

Rechtsidee ◽  
2019 ◽  
Vol 7 ◽  
Author(s):  
Hariansi Panimba Sampebulu
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Safe Abortion ◽  
Long Time ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
The Right

The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself. 

18. Human rights in action

2021 ◽  
pp. 435-457
Author(s):  
Anne Dennett
Keyword(s):  
Human Rights ◽  
Religious Belief ◽  
Family Life ◽  
Public Authority ◽  
Right To Life ◽  
Article 9 ◽  
Freedom Of Thought ◽  
The Law ◽  
The Right

This chapter explores how three Convention rights operate in practice: the right to life (Article 2), the right to a private and family life (Article 8), and freedom of religious belief (Article 9). Article 2 provides that everyone’s right to life shall be protected by law. No one shall be deprived of one’s life intentionally save in the execution of a sentence of a court following one’s conviction of a crime for which this penalty is provided by law. Article 8 provides that everyone has the right to respect for one’s private and family life, home, and correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law. Meanwhile, Article 9 provides that everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change and manifest one’s religion or belief.

scholarly journals WEWENANG KEPOLISIAN MENGADAKAN TINDAKAN LAIN DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK MENURUT UNDANG-UNDANG NO.11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Wayan Juwahyudhi
Keyword(s):  
Juvenile Offenders ◽  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Negative Effects ◽  
Legal Research ◽  
Effects On Children ◽  
The Law ◽  
The Government ◽  
The Right

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.

The Government of the United States and American Foreign Missionaries

1912 ◽  
Vol 6 (1) ◽  
pp. 70-85
Author(s):  
James Brown Scott ◽  
George F. Seward
Keyword(s):  
United States ◽  
Church Of England ◽  
Common Knowledge ◽  
Atlantic Coast ◽  
The United States ◽  
State Constitutions ◽  
The Law ◽  
The Rich ◽  
The Government ◽  
The Right

It is common knowledge that the United States was originally settled either by God-fearing men and women fleeing from persecution, or by political refugees who were unable to bring about reforms which they believed essential to good government and were unwilling to comply with the state of affaire existing in the Old World, or, finally, by those who, unfortunate at home, were desirous of bettering their condition in the New World. The Pilgrim and the Puritan, the Episcopalian and the Catholic, the Quaker, the Presbyterian and the Lutheran settled the Atlantic Coast. The roundhead and the cavalier, the rich and the poor and the inmate of the debtor’s prison found themselves side by side upon a plane of equality without the traditions and the conservatism of an older world. Whether the colony was composed of Puritans and manifested intolerance to the protestant brother of a different faith; whether the settlement remained loyal to the Church of England, as Virginia, or favored the Catholic, as Maryland, or freely accepted the law-abiding without questioning his religion, as the Quakers of Pennsylvania, the principle of religious toleration steadily gained ground, and by the time of the Revolution it may be said generally that religious differences ceased to influence men or their conduct toward each other, by virtue of a conception of liberty which embraced not merely the right to and protection of property but the freedom of thought, of speech and of public worship. The example of Virginia, which in 1786 established religious freedom by statute, profoundly influenced the Federal Government and the various States of the Union; for, by the First Amendment to the Constitution of the United States, it is provided that “Congress shall make no law respecting the establishment of a religion, or prohibiting the free exercise thereof,” and the States of the American Union have, in their various Constitutions, placed the same restriction upon their legislatures. The amendment of the Constitution and the like provisions in State Constitutions were not dictated by indifference or hostility to the principles of the Christian religion, but aimed to prevent not merely the establishment of any one form of religion, however widely spread, but to establish upon a firm footing the right before the law of every religious sect.

scholarly journals Digital Security Act and Investigative Journalism in Bangladesh: A Critical Analysis

2020 ◽  
Vol 2 (2) ◽  
pp. 216-236
Author(s):  
Md. Aliur Rahman ◽  
Harun-Or Rashid
Keyword(s):  
Freedom Of Expression ◽  
Investigative Journalism ◽  
Secondary Sources ◽  
Information And Communication ◽  
The Media ◽  
The Law ◽  
The Government ◽  
Negative Impacts ◽  
The Right ◽  
Harmful Effects

The Digital Security Act 2018 has created some barriers for citizens' accessing information and freedom of expression, particularly for the media professionals including journalists in Bangladesh. Thus, investigative journalism is now in a state of fear for distinction. In this context, the purpose of the study is to explore various effects of this Act, as well as to focus on different directions of protection while facing fears associated with the law. Showing the necessities for investigative journalism, this article also presented different fields of such an effective journalism. Methodologically, this article has followed the qualitative approach and collected information from both the primary and secondary sources. The findings from this study have shown that the fear of negative impacts form the Digital Security Act is dominant although the aim of the law, as described, is to provide security for information and communication. From the analysis of opinions of experts, it is easily predictable that some articles of the law have created dangerous threats on the way of investigative journalism, considering its applicable effects. Most of the experts expressed concerns about the negative impacts the law does have, as shown in the findings.  It is also reflected that these harmful effects would fall ultimately on the shoulder of the state creating such a bad situation where the government is feared to have lagged in terms of taking the right decisions at the right time.

scholarly journals KEABSAHAN SERTIFIKAT JAMINAN FIDUSIA ATAS BARANG MILIK PIHAK KETIGA YANG DIJAMINKAN SECARA MELAWAN HUKUM

2018 ◽  
Vol 4 (1) ◽  
pp. 22
Author(s):  
Anita Kamilah
Keyword(s):  
National Development ◽  
Legal Protection ◽  
Third Parties ◽  
Economic Activities ◽  
Community Effort ◽  
The Law ◽  
Fiduciary Relationships ◽  
The Government ◽  
To Come ◽  
The Right

Sustainability of national development is the increase in the life of the community effort that is supported through the granting of credit facilities or loans, as the provision of money or bills that can be equated with that loan agreement borrow the returns are made on a period of time to come. In order to provide protection and reassurance against creditors in obtaining her credit refund, the Government ratified the Act No. 42 Year 1999 About the Fiduciary Guarantee gives the right to the lender through fiduciary certificates as material warranties that are submitted on the basis of trust, where the owner can still use his guarantee for economic activities. The ease, often abused the debtor not good intentioned one through the securing of objects belonging to third parties fiduciary are against the law to the detriment of creditors because it resulted in no fiduciary guarantee legitimately so the lender no longer has the right to obtain payment preferent precedence if the debtor tort in fulfilling the obligation payment of his credit. In addition, the owners of goods that harms his ownership was made the object of a fiduciary guarantee. Legal protection for owners of goods due to the securing of objects that are against the law of fiduciary relationships can do the prosecution indemnity as well as requesting removal of the disturbances a pleasure over the right material.Keywords: Fiduciary Certificates, Credit, Against The Law, Torts.

scholarly journals Democracy Backsliding as a Danger of Sustainable Development in the Post-Pandemic Period: Social and Legal aspects of Decision

2021 ◽  
Vol 126 ◽  
pp. 06007
Author(s):  
Oleg Tkach ◽  
Оleh Batrymenko ◽  
Dmytro Nelipa ◽  
Mykola Khylko
Keyword(s):  
Human Life ◽  
Legal Aspects ◽  
World Health ◽  
Global Pandemic ◽  
The World ◽  
The Government ◽  
Democratic Principles ◽  
Health Organization ◽  
The Individual ◽  
The Right

The article considers topical issues of the threat of collapse of democracy. Examples of the democracy collapse have shown the lack of free and fair elections in the world, which threatens the independence of the judiciary, restrictions on the right to freedom of speech, which limits the ability of the political opposition to challenge the government, to prosecute, to offer alternatives to the regime. The collapse of democracy in connection with the spread of COVID-19 is being considered, as the democratic spectrum has repeatedly resorted to excessive control, discriminatory restrictions on freedoms such as movement and assembly, and arbitrary or coercive coercion. Attention is drawn to the fact that the outbreak of coronavirus COVID-19 has led to the introduction in all countries of restrictions on the rights and freedoms of the individual in order to prevent the spread of this infectious disease, declared a global pandemic by the World Health Organization. Thus, the unusual nature of the COVID - 19 coronavirus pandemic poses numerous dilemmas to the public, governments, parliaments, the judiciary, law enforcement and many other actors when it comes to the need for effective protection of health and, ultimately, human life, as well as adherence to and ensuring the fundamental democratic principles of man and society.

Sign in / Sign up

Export Citation Format

Share Document