Beyond the Ivory Tower: The Role of Psychopathy in the Judicial System

2009 ◽  
Author(s):  
Julie Blais ◽  
Adelle E. Forth
Keyword(s):  
Judicial System ◽  
Ivory Tower

The Role of the Conclusions of the Council of Judges of the Russian Federation in the Prevention of the Emergence and Development of Conflicts of Legal Interests in the Judicial System of Russia

2020 ◽  
Vol 12 ◽  
pp. 56-66
Author(s):  
E. V. Ryabtseva ◽  
Keyword(s):  
Russian Federation ◽  
Judicial System ◽  
Structural Elements ◽  
Consistent System ◽  
Optimal Behavior ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
The Impact ◽  
Individual Regulation

The growing role of the judicial community in reforming the judicial system actualizes the scientific problems of law enforcement associated with understanding the essence of the regulatory impact of the Councils of Judges of the Russian Federation as a body of the judicial community to prevent the emergence of conflicts of legal interests in judicial activity. The purpose of the research is to theoretically substantiate the essence of individual regulation of conflicts of legal interests by the Council of Judges of the Russian Federation, aimed at optimizing its activities to combat corruption. The worldview and methodological basis were the works of theoretical scholars and their methods of integrative understanding of law to substantiate the impact of the Council of Judges of the Russian Federation on judicial activity through individual regulation. The conclusion is substantiated that the activities of the Commission of the Council of Judges of the Russian Federation on Ethics, related to the drawing up of opinions on the assessment of conflicts of legal interests and other corruption risks for both acting judges and retired judges, is an individual regulation of legal relations through: interpretation of law; overcoming gaps and conflicts in the law; individuali zation of rights, etc. The content of the interpretation of law by the Commission of the Council of Judges of the Russian Federation on Ethics is: the application of certain norms of both international and national law in a specific legal relationship when assessing conflicts of legal interests among judges through a systematic interpretation of the norms of law as a system of elements, defining its role in law, identifying other norms, as well as the principles of law; interpretation of the principles and norms of law, through the legal-logical interpretation of a normative act as logically interconnected structural elements of a single, internally agreed and consistent system of principles and norms of law, when deciding on the presence of conflicts of legal interests in the activities of judges, etc. The paper substantiates that in relation to conflicts of legal interests, individualization should be aimed at determining by the Council of Judges of the Russian Federation typical situations of such conflicts for their correct assessment and development of recommendations related to the optimal behavior of judges, when circumstances arise that lead to conflicts of legal interests.

scholarly journals Minor offences as a constitutional category

2006 ◽  
Vol 78 (9) ◽  
pp. 139-149
Author(s):  
Alenka Šelih
Keyword(s):  
Legal System ◽  
Point Of View ◽  
Judicial System ◽  
Main Issue ◽  
Administrative System ◽  
European Legislation ◽  
Administrative Justice

Slovenian Constitution, like many constitutions of other countries does not define minor offence as a punishable act or breach of constitutional provisions. Administrative system and system of administrative justice can never guarantee such impartiality as judicial system. Repressive role of the administrative authorities is differently regulated in the contemporary European legislation. From the constitutional point of view, the main issue related to the minor offences is whether it is legally justifiable that administrative authorities have repressive function. The new Slovenian legal system insists on broad competences of the specialized administrative bodies provided that protection before the court is guaranteed.

Consensual Dispute Resolution with Same-Sex Couples

2018 ◽  
pp. 133-146
Author(s):  
Diane M. Goodman ◽  
Mariette Geldenhuys
Keyword(s):  
Dispute Resolution ◽  
Judicial System ◽  
Same Sex ◽  
Same Sex Couples ◽  
Professional Needs ◽  
History Of ◽  
Similarities And Differences ◽  
Collaborative Law

This chapter discusses the role of consensual dispute resolution (CDR), which allows parties to resolve their disputes outside of the judicial system, in same-sex relationship dissolutions. Two forms of CDR are mediation and collaborative law. In mediation, the parties meet with a neutral professional who helps the parties identify and resolve their disputes. In collaborative law, each party is represented by a collaborative attorney. The chapter, outlines characteristics of mediation and collaborative law, including their similarities and differences, and the tenets of a collaborative divorce. It then describes how the history of discrimination in the courts has affected LGBTQ families and made the use of CDR a more satisfactory and safe way to uncouple. It examines the unique issues that arise for some LGBTQ clients. Lastly, it reviews the skills a CDR professional needs to work with LGBTQ clients.

The Role of Discretion in the Legal and Social Service Systems

1981 ◽  
Vol 62 (7) ◽  
pp. 387-397 ◽  
Author(s):  
Richard Gaskins
Keyword(s):  
Social Work ◽  
Social Services ◽  
Social Service ◽  
Due Process ◽  
Judicial System ◽  
Service Systems

New legislation regulating social services is based on judicial models of fairness and due process. These models are, however, inadequate because they are founded on a misleading analogy between discretion in the judicial system—where cure may be procedural—and the more complex discretion found in social work.

Justiz als Wirtschaftsfaktor

2020 ◽  
Author(s):  
Bernhard Klose
Keyword(s):  
Economic Activity ◽  
Legal Protection ◽  
The State ◽  
Judicial System ◽  
Commercial Activity ◽  
Legal Situation

This book will not only be beneficial to experts in the judicial system and lawyers, but also to all those interested in addressing the questions of whether and how disputed claims can be asserted. As a consequence, the judicial system and business are uncomfortable bedfellows. Calculable commercial activity requires not only a clear legal situation, but also its predictable implementation. Guaranteeing this is one of the essential tasks of the state judicial system. This study examines the role of the judicial system in economic activity. It reveals the tense relationship between fast and appropriate legal protection, analyses the tasks of the legislative and the judicature, and seeks ways of improving them, dealing in detail with alternative ways of resolving disputes and how they rival forms of state legal protection. Finally, in line with its focus on economics, it also examines the significance of the costs of seeking justice.

scholarly journals The Role of the Russian Judicial Reform in Improving Judicial and Pre-Trial Proceedings in the Criminal Procedure in Modern Times

2020 ◽  
Vol 15 (7) ◽  
pp. 121-128
Author(s):  
T. I. Otcheskaya ◽  
N. V. Mishakova
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Judicial System ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
Modern Times ◽  
Legal Method ◽  
Russian State ◽  
Empirical Research Methods

The judicial reform implemented in the Russian Federation and the ongoing judicial construction remain the most important directions of state policy. The paper contains a comprehensive analysis of the organizational foundations of the judiciary, an understanding of the constitutional principles of the judicial system and its features, and includes a study of criminal procedure legislation at various stages of the formation of the Russian state. The methodological basis of the study is a combination of theoretical and empirical research methods. The combination of the analytical and comparative legal method made it possible to form an idea of the evolution of the judicial system and criminal procedure legislation, to compare the legal acts regulating the judicial system and legal proceedings, which made it possible to draw conclusions about the achievements and shortcomings of legal regulation of the area in question. In general, the authors conclude that the reform of the judiciary is positive, since it will increase the accessibility, effectiveness and transparency of justice — the triumph of justice based on the rule of law.

scholarly journals Beaches as borders and Beaches overcoming Borders: An Appeal of the Humanities for more Humanity

Oceánide ◽  
2020 ◽  
Vol 12 ◽  
pp. 72-77
Author(s):  
Peter Osterreid
Keyword(s):  
Popular Culture ◽  
Cultural Studies ◽  
Academic Disciplines ◽  
Ivory Tower ◽  
Cultural Products ◽  
High Culture ◽  
Practical Impact ◽  
The Way

This article investigates the cultural potential of the beach as a concrete place, a meaning-laden space, and finally as a metaphorical setting of idealistic vision. In conjunction with the politically heated dimension of beaches as borders to fugitives, the relevance that the humanities play in society is discussed placing particular emphasis on the role of cultural studies. Quite a number of cultural products both from the canon of high culture and from popular culture reaching wider audiences will be examined in the way they centre on the pivot of the beach. Cultural studies, it will turn out, is able to significantly contribute to discussions on morals and, beyond that, to the question of what attitudes in Western societies can be considered ethically acceptable. Thus, in contrast to many other academic disciplines, cultural studies is closely linked to reality and politics so that it is a discipline away from the ivory tower of academia because it deals with life and, most importantly, can have a practical impact on it.

scholarly journals A Critical Study on Implementation of Section 357A of the Criminal Procedure Code with reference to the Rights of the Victims

2021 ◽  
Vol 6 (9) ◽  
pp. 45-56
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
The State ◽  
Judicial System ◽  
Critical Study ◽  
Legal Service ◽  
Procedure Code

It is a weakness of our jurisprudence that the victims of the crimes, and the distress of the dependants of the prisoner, do not attract the attention of the law .The District Legal Service Authority (DLSA) or the State Legal Service Authority (SLSA) needs to decide the quantum of compensation to be given under the scheme. Section 357A was a necessary enactment, and is useful, because the victim need not prove his case to get compensation under this section, which should hasten the process, but unfortunately the scheme is not being implemented completely. This paper analyses the plight of the victims of crimes under the Indian Criminal Justice System, and the importance of section 357A for protection of their rights. It further argues that that the scheme is not being implemented properly, and there is a lack of uniformity in the statute of each state. The verification procedure of these states is justified only if it does not hinder the compensation of a genuine victim. It explains the importance of immediate compensation, and the role of judiciary in the journey from the enactment to implementation of any scheme and statute. This paper concludes by suggesting changes that could be brought into the Indian Criminal judicial system for the betterment of the victim’s right and society atlarge.

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