Incest

2020 ◽  
pp. 251-276
Author(s):  
Stuart P. Green
Keyword(s):  
Family Member ◽  
Birth Defects ◽  
State Government ◽  
Government Intervention ◽  
Sexual Partners ◽  
General Question ◽  
Statutory Rape ◽  
Liberal State ◽  
The Right ◽  
Legal Moralist

This is the first of three chapters to consider offenses that involve putatively consensual sex. The general question is whether it is possible to reconceptualize offenses that once were justified on a legal moralist rationale under the contemporary liberal harm and wrong principles. The particular focus is incest, both between adults and juveniles and involving only adults. The former is already criminalized as statutory rape. The fact that it involves a family member may justify aggravated penalties but under the principle of fair labeling does not justify its status as a freestanding offense. Putatively consensual incest involving adults presents more difficult issues, implicating the right of persons to choose their own (willing) sexual partners. One possible rationale for criminalizing incest is that it causes higher risks of birth defects. But this raises the “paradox of future individuals,” based on the fact that the act potentially causing harm to the child is the very one that brings the child into existence in the first place. Even if that paradox could be solved, problems would remain. In the modern liberal state, government intervention into reproductive choices is highly problematic. This is also true of intervention into familial relationships. If there is a liberal rationale for prohibiting adult incest, it is based on concerns that such relationships, though putatively consensual, will be found, upon further inspection, to be coercive or exploitative.

scholarly journals THE RIGHT TO HOUSING IN THE CONTEXT OF NIGERIAN LAW AND HUMAN RIGHTS PRACTICE

2014 ◽  
Vol 8 (1) ◽  
pp. 11-23
Author(s):  
Emeke Chegwe
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
State Government ◽  
Urban Poor ◽  
Government Intervention ◽  
Human Rights Practice ◽  
Lagos State ◽  
The Right ◽  
New Evidence ◽  
Mega Cities

Every society needs a set of laws which stipulates the rights and duties of citizens, aswell as regulate the conduct of the society. But law is often perceived as repressive andunpopular by majority of the urban poor in many developing countries who feel that the lawhas done little or nothing to ameliorate their sufferings. For example, new evidence fromsatellite images has revealed the true extent of forced evictions going on in Badia East-Lagos,one of Nigeria’s mega cities. The pictures taken during and after the demolitions carried outby the Lagos State government on 23rd February 2013, clearly shows that a densely populatedarea containing concrete housing and other structures was razed to the ground. Given theimportance of housing to the overall development and existence of mankind, it is necessary tofirst determine the existence of a legal right to adequate housing to warrant a demand by thecitizen to fulfil this right and in order to appreciate the need for government intervention inthis area.

Industry-Sponsored Medical Education — In the Quest for Professional Integrity and Legal Certainty

2007 ◽  
Vol 14 (4) ◽  
pp. 313-319
Author(s):  
Benedikt Buchner
Keyword(s):  
Medical Education ◽  
Self Regulation ◽  
State Regulation ◽  
General Question ◽  
Legal Certainty ◽  
European Directive ◽  
Starting Point ◽  
Good Starting Point ◽  
Advertising Law ◽  
The Right

AbstractIndustry-sponsored medical education is a much disputed issue. So far, there has been no regulatory framework which provides clear and definite rules as to whether and under what circumstances the sponsorship of medical education is acceptable. State regulation does not exist, or confines itself to a very general principle. Professional regulation, even though applied frequently, is rather vague and indefinite, raising the general question as to whether self-regulation is the right approach at all. Certainly, self-regulation by industry cannot and should not replace other regulatory approaches. Ultimately, advertising law in general and the European Directive 2001/83/EC specifically, might be a good starting point in providing legal certainty and ensuring the independence of medical education. Swiss advertising law illustrates how the principles of the European Directive could be implemented clearly and unambiguously.

scholarly journals The role of the constitutional complaint in the legislative process: Comparative legal aspect

2021 ◽  
Vol 39 (69) ◽  
pp. 833-850
Author(s):  
Nataliia I. Brovko ◽  
Liudmyla P. Medvid ◽  
Ihor Y. Mahnovskyi ◽  
Vusal A. Ahmadov ◽  
Maksym I. Leonenko
Keyword(s):  
Quality Assurance ◽  
State Government ◽  
Legal Aspect ◽  
Legislative Process ◽  
Constitutional Rights ◽  
State Legislation ◽  
The Subject ◽  
The Right ◽  
Heads Of State

The article deals with the role of constitutional complaint in the system of quality assurance of the state legislation, for protection of the rights and freedoms. Constitutional complaints, as well as their optimal models, require detailed research. Comparative analysis and survey are the main methods. The subject of a constitutional complaint in the model proposed by the authors may be laws or their individual provisions, regulations of heads of state, government, other statutes and regulations, individual administrative acts, judgements in specific cases. Citizens, foreigners, stateless persons, and legal entities are subjects who have the right to file a constitutional complaint. The authors attribute the following conditions of admissibility of a constitutional complaint: the presence and proof of violation of his/its constitutional rights and freedoms, the use of all other remedies to protect violated rights and freedoms, compliance with deadlines for filing a constitutional complaint in some countries, and payment of state duty. The model proposed by the authors is, however, universal, and further needs to be detailed for countries of interest.

scholarly journals Certain disputed issues related to the preemption right

2004 ◽  
Vol 76 (9) ◽  
pp. 159-169
Author(s):  
Radenka Cvetić
Keyword(s):  
General Question ◽  
The Republic ◽  
The Right

At one time there was a law in the Republic of Serbia ordering the court to check ex officio at the time of certification of the contract of sale of immovableness, whether the statutory preemption right has been respected. There is no such law since 1998, but the current Law on sale of immovable leaves a possibility of interpretation in favor of existence of a public protection of the preemption right. For this reason, the author, in the first section of her work, poses a general question: should there be a protection of the preemption right ex officio, or should such protection be available only at the request of the authorized person. In the second section of her work, the author draws attention to the necessity of existence of adequate rules that would prevent evasion of the preemption right, as well as the need to regulate precisely the legal effects of a request seeking protection of this right in case of breach of the right of priority.

The Right to Benevolence: Dignity and Japanese Workers, 1890–1920

1984 ◽  
Vol 26 (4) ◽  
pp. 587-613 ◽  
Author(s):  
Thomas C. Smith
Keyword(s):  
Psychological Control ◽  
Labor Relations ◽  
Government Intervention ◽  
Early Period ◽  
Labor Turnover ◽  
Welfare Services ◽  
Japanese Workers ◽  
Japanese Industry ◽  
The Right ◽  
Historical Accounts

From its beginning Japanese industry was marked by a scattering of large and heavily capitalized enterprises which, as their size and number increased between 1890 and 1920, became the scene of labor unrest. In historical accounts of this early period of labor relations, workers are strangely shadowy figures, considering their centrality. They come into focus mainly at moments of crisis when they are seen to be overcoming their past, increasing their consciousness both of rights and of the need for organization and class solidarity. This developing consciousness issued at last in a sudden growth of unions between 1918 and the mid-1920s.Even before this time, however, because of fear of unions and government intervention and the need to reduce the amount of labor turnover, management had begun efforts to bring workers under greater psychological control. These efforts were now intensified, and the measures adopted—welfare services, greater security of employment, semiannual bonuses, separation pay, regular raises, factory committees—aided by a stagnant economy and unemployment throughout the 1920s, were spectacularly successful. By the early 1930s the unions were everywhere in retreat from large enterprises. The victory over worker consciousness seemed won and in fact held until 1945, when, in the aftermath of national defeat, the struggle was renewed.

‘Smelling’ diasporic: bargaining interactions and the problem of politeness

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Lauren Wagner
Keyword(s):  
Family Member ◽  
Language Use ◽  
Not Given ◽  
Linguistic Practice ◽  
Communicative Skills ◽  
Mobile Populations ◽  
Religious Speech ◽  
The Right ◽  
Tension Analysis

Abstract While post-migrant generation Moroccans from Europe often are able to converse competently enough in Moroccan languages to bargain in shops during visits to Morocco, many report that they are not given the ‘local’, ‘right’ prices because they are ‘smelled’ as outsiders. During fieldwork following these diasporic visitors in Morocco, several participants strategically shopped for goods with a ‘local’ friend or family member who might negotiate on their behalf for the ‘right’ price. This strategy was seen as a way to circumvent or ameliorate the ways the diasporic client might be negatively categorized as an outsider, especially in terms of his or her language use. Yet, examining these events in recorded detail indicates that diasporic clients are often bargaining for themselves as competent speakers, but are sometimes not able to skillfully bargain politely. In these moments, proxy bargainers intervene when debate and tension increases during bargaining and diasporic visitors do not adequately perform politeness – specifically by deploying religious speech – to soften and minimize tension. Analysis of these interactions indicates how diasporic branching of linguistic practice contrasts communicative skills of mobile populations with subtle, place-based competences, and how the mismatch between these can negatively mark diasporic visitors.

The Steamboat, Safety and the State: Government Reaction to New Technology in a Period of Laissez-Faire

2011 ◽  
pp. 51-74
Author(s):  
John Armstrong ◽  
David M. Williams
Keyword(s):  
Nineteenth Century ◽  
State Government ◽  
Government Intervention ◽  
New Technology ◽  
Steam Power ◽  
Role Of Government ◽  
Government Response ◽  
Laissez Faire ◽  
The Government

This chapter explores the government reaction to steam power and the issues of public safety that surrounded it. In particular, it questions the lack of prominent government intervention until the middle of the nineteenth century. It studies the economic advantages of steam over sail; the new hazards associated with steam power and the causes and rates of accidents; the call for government intervention which grew out of these hazards; an analysis of the lack of government response to this pressure for close to thirty years; and a study and assessment of the action eventually taken. It concludes by bringing these points together and places them into the wider context of maritime safety, the role of government, the problematic aspects of laissez-faire politics, and the difficulties inherent in the transition to new technology.

scholarly journals On the cause of hierarchical order among the correlation coefficients of a number of variates taken in pairs

1919 ◽  
Vol 95 (671) ◽  
pp. 400-408 ◽  
Keyword(s):  
Correlation Coefficient ◽  
Experimental Psychology ◽  
Correlation Coefficients ◽  
General Question ◽  
General Factor ◽  
Hierarchical Order ◽  
Total Correlation ◽  
The Right ◽  
Mental Tests

The object of this paper is to investigate the cause of a phenomenon in the realm of chance, which has become technically known as hierarchical order among correlation coefficients, and has been held to prove the existence of a general factor running through the correlated varieties, and the absence of group factors running through some but not through all of them. The question arose in the science of experimental psychology, but it is here, after the introductory paragraphs, considered as a general question in probability. When mental tests are applied to a number of subjects, and the correlations between the marks are calculated for every possible pair of tests, the correlation coefficients obtained show, as a rule, a tendency to arrange themselves in hierarchical order. By this is meant that the order of sequence of the mental tests, according to the size of the correlation of each with a fixed one of their number, proves to be largely independent of the choice of this latter. If the mental tests, which we may call by the names x 1 , x 2 , x 3 ,..., have been arranged in order according to the total correlation of each with all the others, and if a square table such as the following be formed:— then the hierarchical order shows itself in the fact that there is a tendency for each correlation coefficient r to be greater than its neighbour on the right and its neighbour below it. A method, which has been used for measuring the degree of perfection of the hierarchical order, is to take the correlation of each pair of columns of the above table. Clearly, if hierarchical order is present, all these correlations will be high, and in the most perfect case will become unity.

Education in the Eighties

1980 ◽  
Vol 50 (2) ◽  
pp. 149-153 ◽  
Author(s):  
Francis Keppel
Keyword(s):  
Civil Rights ◽  
Federal Government ◽  
State Government ◽  
Minority Groups ◽  
State Governments ◽  
Federal Programs ◽  
State And Local ◽  
1960S And 1970S ◽  
The 1960S ◽  
The Right

In the 1980s individual states will probably continue to have the major responsibility for education in this country. While the federal government may increase the percentage it contributes to the total costs of education, it will continue to be the junior partner in the enterprise, though one with increasing influence. This junior partner today places more demands on state government than its financial contribution seems to warrant. Conventional wisdom acquired in the 1960s and 1970s suggests that the federal government has set the right agenda on such issues as civil rights, poverty, and policies for minority groups and the handicapped—issues which state governments have generally neglected. But, under the Constitution, the federal government has not had the power to carry out its wishes for education without state and local cooperation. In fact, we often forget that a state's willingness to administer programs effectively is the key to the success of federal programs.

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