Part V Fairness and Expeditiousness of ICC Proceedings, 38 The Role of the Appeals Chamber

2015 ◽  
Author(s):  
Nerlich Volker
Keyword(s):  
Trial Chamber ◽  
System P ◽  
The Law ◽  
The Right ◽  
And Function ◽  
Relationship Of ◽  
The Relationship ◽  
Role And Function ◽  
Meaningful Role

This chapter analyses the role and function of the Appeals Chamber of the ICC. The right to appeal under the Statute goes beyond what is mandated by human rights law. This contribution analyses the specificities of appeals in the ICC system, including the relationship of the Appeals Chamber to other Chambers, its jurisdiction over different types of appeal under Articles 81 and 82 (e.g. interlocutory appeal, and appeal against final decisions of the Trial Chamber), review and revision of sentences, and the relevant standards of review. The chapter contrasts approaches of the ICC with the practice of the Appeals Chambers of the ICTY and ICTR, which have used their first cases to clarify and develop the law. It shows that the ICC has taken an approach of judicial restraint. It argues that development of the law in small steps may be the most effective approach to building a lasting and meaningful role of the Appeals Chamber in the ICC system.

Beyond Bias

2020 ◽  
pp. 736-753
Author(s):  
Chelsea Barabas
Keyword(s):  
Best Practices ◽  
Criminal Law ◽  
Criminal Justice Reform ◽  
Trade Offs ◽  
System P ◽  
Accuracy Measures ◽  
Criminal Legal System ◽  
And Function ◽  
Role And Function

This chapter discusses contemporary debates regarding the use of artificial intelligence as a vehicle for criminal justice reform. It closely examines two general approaches to what has been widely branded as “algorithmic fairness” in criminal law: the development of formal fairness criteria and accuracy measures that illustrate the trade-offs of different algorithmic interventions; and the development of “best practices” and managerialist standards for maintaining a baseline of accuracy, transparency, and validity in these systems. Attempts to render AI-branded tools more accurate by addressing narrow notions of bias miss the deeper methodological and epistemological issues regarding the fairness of these tools. The key question is whether predictive tools reflect and reinforce punitive practices that drive disparate outcomes, and how data regimes interact with the penal ideology to naturalize these practices. The chapter then calls for a radically different understanding of the role and function of the carceral state, as a starting place for re-imagining the role of “AI” as a transformative force in the criminal legal system.

Corporate Social Responsibility and Government: The Role of Discretion for Engagement with Public Policy

2021 ◽  
pp. 1-29
Author(s):  
Jette Steen Knudsen ◽  
Jeremy Moon
Keyword(s):  
Public Policy ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Integrated Framework ◽  
The Law ◽  
Corporate Social ◽  
Relationship Of ◽  
The Relationship

We investigate the relationship of corporate social responsibility (CSR) (often assumed to reflect corporate voluntarism) and government (often assumed to reflect coercion). We distinguish two broad perspectives on the CSR and government relationship: the dichotomous (i.e., government and CSR are / should be independent of one another) and the related (i.e., government and CSR are / should be interconnected). Using typologies of CSR public policy and of CSR and the law, we present an integrated framework for corporate discretion for engagement with public policy for CSR. We make four related contributions. First, we explain the dichotomous and the related perspectives with reference to their various assumptions and analyses. Second, we demonstrate that public policy for CSR and corporate discretion coexist and interact. Specifically, we show, third, that public policy for CSR can inform and stimulate corporate discretion and, fourth, that corporations have discretion for CSR, particularly as to how corporations engage with such policy.

The Use of Blood Money in the Establishment of Non-Justice: Necrodomination and Resistance

2019 ◽  
pp. 160-186
Author(s):  
Cem Özatalay ◽  
Gözde Aytemur Nüfusçu ◽  
Gülistan Zeren
Keyword(s):  
Social Hierarchy ◽  
Judicial Process ◽  
The Social ◽  
Blood Money ◽  
Perpetrators And Victims ◽  
The One ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

The use of blood money by powerful people during the judicial process following different kinds of homicides (workplace homicides, state homicides, gun homicides and so on) has become commonplace within the neoliberal context. Based on data obtained from five cases in Turkey, this chapter shows, on the one hand, how the use of blood money serves as an effective tool in the hands of powerful people to consolidate power relations, particularly necropower, as well as the relationship of domination, which rests upon class and identity-based inequalities. The analysis indicates that the blood money offers made by powerful people allows them to minimize potential penalties within penal courts and also to keep their privileged positions in the social hierarchy by purchasing the ‘right to kill’. On the other hand, the resistance of the oppressed and aggrieved people to the subjugation of life to the power of death is analysed with a particular focus on the role of power asymmetries between perpetrators and victims and their unequal positions in the social hierarchy. This conflictual relationship, which we qualify as an expression of necrodomination, offers novel insights into Turkey’s historically shaped system of domination.

scholarly journals RELATIONS BETWEEN MOSQUE AND SOCIAL HISTORY OF ISLAMIC EDUCATION

2019 ◽  
Vol 16 (1) ◽  
pp. 142-153
Author(s):  
Anna Triayudha ◽  
Rateh Ninik Pramitasary ◽  
Hermansyah Akbar Anas ◽  
Choirul Mahfud
Keyword(s):  
Social History ◽  
Growth And Development ◽  
Early Period ◽  
Islamic Education ◽  
The Social ◽  
History Of ◽  
And Function ◽  
Relationship Of ◽  
The Relationship ◽  
Role And Function

The growth and development of Islamic Education is inseparable from the growth of institutions. The Prophet made it happen by establishing institutions that had a role in developing and advancing Islamic education, one of which was a mosque. Research on the relationship of mosques with the social history of Islamic education is discussed by using descriptive qualitative methods that are oriented to literature review. This paper shows that in the early period of Islamic education, the Prophet provided exemplary by building and empowering mosques. The example of the Prophet continued with the Caliphs afterwards until the present era. The mosque was built by the Prophet from the Al Haram mosque located in Makkah, Quba Mosque located in Quba, Nabawi mosque located in Medina and so on. The role and function of the mosque at that time was as a place of prayer, a place of prayer, a place for discussion or deliberation, a meeting place to develop a war strategy and others related to the problems and needs of Muslims. From time to time, the role or function of the mosque has changed slightly. In essence, mosques are currently influencing the development of the social history of Islamic education in Indonesia.

1. Everything has structure

2014 ◽  
Author(s):  
David Blockley
Keyword(s):  
Decision Making ◽  
Structural Engineering ◽  
Fitness For Purpose ◽  
Form And Function ◽  
Environmental Criteria ◽  
Flow Through ◽  
And Function ◽  
Relationship Of ◽  
The Relationship

‘Everything has structure’ considers the fundamental nature and role of structure and the relationship of structural engineering with other engineering disciplines and with architecture. Decision making is driven by the purpose of a man-made structure and how ‘fitness for purpose’ is realised. There is a need to understand how forces flow through a structure in order to ensure it meets its primary purpose of being strong and safe whilst at the same time meeting many other needs such as affordability, aesthetic, and regulatory and environmental criteria. The best structures are a harmony of architecture and engineering—where form and function are one and the flow of forces is logical.

Subjectivity in incentive schemes, cognitive orientations and counterproductive knowledge behavior: an experimental study

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lufi Yuwana Mursita ◽  
Luciana Spica Almilia
Keyword(s):  
Causal Relationship ◽  
Undergraduate Students ◽  
Content Type ◽  
Incentive Schemes ◽  
Cognitive Orientation ◽  
Cognitive Orientations ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

Purpose This study aims to examine the causal relationship of subjective incentive schemes on counterproductive knowledge behavior. Besides, this study also identifies the moderating role of cognitive orientation on the relationship between those two variables. Design/methodology/approach This study used a 2 × 2 between-subjects laboratory experiment with accounting undergraduate students as the subjects. Findings Subjective-based incentive schemes reduce the tendency for counterproductive knowledge behavior. Also, the collectivist cognitive orientation negatively influences the behavior. However, cognitive orientation does not act as a moderator in the causal relationship of incentive schemes and counterproductive knowledge behavior. Originality/value To the best of the authors’ knowledge, this study is the first that investigates and finds the effect of inclusion of subjectivity in incentive schemes and the level of individual’s collectivism on the reluctance to share knowledge in the workplace. This study has also strived to reduce an overlapping between the concept of knowledge sharing and counterproductive knowledge behavior by applying the right basic concept during the experiment.

scholarly journals Mengendus Pengalaman Puncak Keagamaan

Humaniora ◽  
2011 ◽  
Vol 2 (1) ◽  
pp. 914
Author(s):  
Frederikus Fios
Keyword(s):  
Religious Experience ◽  
Social Life ◽  
Basic Question ◽  
Quality Life ◽  
Devotional Practices ◽  
Human Quality ◽  
And Function ◽  
Relationship Of ◽  
The Relationship ◽  
Role And Function

Religion is one exclusive vocabulary in religious. This institution arranges the relationship of religious with God, Devine Substance that was being prayed in mondial religions. Religious, including spiritualists, that accommodated in one religion must have altogether consciousness in an altogether identity that signed their devotional practices, rites, and spiritual practices that they actualized in togetherness circumstances (communal). Religion and spiritualism are elements having special-unique function for groups of people to internalize. A basic question that keeps claiming role and function of religion today that it is challenged to disclose factual experience that could significantly contribute for better quality in social life from time to time. Moreover, actual issue that writer will discuss is discourse related to religious summit experience topic in believe dynamic. It is included in explaining multidimensional aspect that shows religious experience being applied to fix human quality life into positive and also to fulfill hopes of people. 

scholarly journals Theologische Grenzüberschreitungen Annäherungen an einen paradoxen Begriff

2018 ◽  
Vol 19 (1) ◽  
pp. 75-85
Author(s):  
Isabella Guanzini
Keyword(s):  
Subjective Experience ◽  
Symbolic Order ◽  
Felix Guattari ◽  
Apostle Paul ◽  
Pauline Epistles ◽  
The Subject ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

This paper examines the essential yet ambivalent role of the law, i.e. of limits and prohibitions, within the subjective experience of desire. In order to investigate the dialectics between limit and desire, it firstly focuses on the perspective of George Bataille and his analysis of eroticism. Moreover, the contribution takes into account the perspective of Gilles Deleuze and Felix Guattari, who focus on the relationship of desire to capitalist society, in order to affirm a different revolutionary economy of desire, celebrating immediate libidinal transgressions against any limitations. On the contrary, the psychoanalyst Jacques Lacan shows the absolute need of the law for the experience of desire and the process of subjectivation, since only through the Symbolic order the subject can join a sociolinguistic community. The final part of the contribution aims at enlightening possible correspondences among these perspectives, focusing on the Letters of the Apostle Paul and his profound understanding of the dialectics between law and desire. The Pauline Epistles offer a significant paradigm to understand the necessary but not sufficient role of the law in the experience of the Christian believer as well as of the subject as such.

scholarly journals Risk, risk-reflection and the problem of the socio-political order

2020 ◽  
Vol 36 (3) ◽  
pp. 511-527
Author(s):  
Daur A. Abgadzhava ◽  
Keyword(s):  
Modern Society ◽  
Regulatory Function ◽  
Negative Consequences ◽  
Costs And Benefits ◽  
Responsible Behavior ◽  
Comprehensive Knowledge ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

The article discusses the issues of risk and risk-reflection in modern societies. It also illustrates the role of the relationship of knowledge and power in the formation of ideas about risks and the importance of risk reflection in maintaining order. A modern society is viewed as a world formed on the basis of reflections and decisions. Risk reflections in risk management, understanding a situation and determining costs and benefits, are based on comprehensive knowledge provided by experts, professionals, authorities and, finally, the authorities. The configuration for exercising power is regulated by the configuration of knowledge or discourse, which controls the direction of information and the language that support and disseminate ideas that orient actors’ actions. Discourse determines awareness and an understanding of the risks that actors may face. The article notes that the problems are based on monopolization of the right to determine what is considered a risk as well as what is its scope and possibilities of implementation. In this regard, the discurse on risk for beneficiaries is the basis for public administration, as knowledge of risks and their negative consequences becomes a motive for responsible behavior, in which individuals otherwise interpret, control, and direct their behavior. The article concludes that by considering risks in a controlled order, the authorities legitimize them. Risks are viewed as a representation of reality and this allows for the ability to manage the risk’s impact. The regulatory function of power manifests itself indirectly, forming and transmitting knowledge and ideas. The purpose of power is a modification of behavior when an individual, acting independently, contributes to the achievement of the goals facing the power.

scholarly journals Social-family development: integral culture for the formation of the children of the zero program always in the municipality of Pamplona

2019 ◽  
Vol 11 (11) ◽  
pp. 31-43
Author(s):  
Fredy Andrés Cruz - Vega ◽  
Luz Eliana Figueroa - Granados
Keyword(s):  
Rural Areas ◽  
Primary Objective ◽  
Point Of View ◽  
Structured Interviews ◽  
The Social ◽  
The Right ◽  
Relationship Of ◽  
The Impact ◽  
The Relationship

The research makes it possible to recognize the judgments of the users who are enrolled in the zero to always family modality and, in turn, establish the relationship they give to the program in the training of their children. The use of qualitative research for this proposal contributes or it establishes the relationship of describing and giving points of view to problems of the social educational and experiential context, the primary objective was to determine the degree of use by users of the program from zero to always family modality, in the municipality of Pamplona. It can be said that the application of this research contributes in part to diagnosing from a personal point of view the impact generated by the program in the training of minors, evidencing in it the theoretical, political and real positions in order to make them aware of the importance of training of children. The instruments used for families in certain rural areas who are the objects of study were semi-structured interviews; validated by experts from the area, they managed to produce key information for the analysis and triangulation. Thanks to the analysis units and the categories established in the interview, it was possible to focus and provide solutions to the objectives set, demonstrating the perception that the beneficiaries of the program of zero They always have in relation to the operation in rural areas of Pamplona. With the information obtained it is clear to establish the conformity of the operation of the program in terms of the role of care for families, the training of minors and the integration of society is thus how the show is getting on the right tide.

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