scholarly journals The Relevance of Technology Neutrality to the Design of Laws to Criminalise Cyberbullying

2018 ◽  
Vol 1 (2) ◽  
pp. 14
Author(s):  
Niloufer Selvadurai
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Criminal Code ◽  
Legal Issue ◽  
Law And Policy ◽  
Widespread Agreement ◽  
Health Initiatives ◽  
The Creation ◽  
Laws And Policies ◽  
Scholarly Discourse

Despite there being widespread agreement that cyberbullying is a serious societal problem, there is little consensus on the laws and policies that should be implemented by government to address this issue. Whilst some commentators frame cyberbullying as a psychosocial problem that is most appropriately addressed through education and public health initiatives others see it as a legal issue that requires legislative reform. Further, whilst some call for the creation of a specific offence of cyberbullying others advance the importance of technology neutrality and recommend prosecuting online and offline bullying behaviour within a single coherent legal framework. In such a context, the purpose of the present article is to examine the adequacy of Australia’s present law and policy on cyberbullying, and consider the merits of creating a dedicated offence of cyberbullying. In this regard, special consideration will be given to the 2018 report of the Senate Legal and Constitutional Affairs References Committee entitled Adequacy of existing offences in the Commonwealth Criminal Code and of State and Territory criminal laws to capture cyberbullying. After considering relevant legislation, case law, scholarly discourse and reform discourse, the paper supports the Senate Committee’s decision to not recommend the creation of a new offence of cyberbullying and suggests that such a course supports technology neutrality and enhances the consistency and longevity of laws in this area.

scholarly journals Failing to See the Wood for the Trees: Chronic Sexual Violation and Criminal Law

2020 ◽  
Vol 84 (6) ◽  
pp. 573-595
Author(s):  
Tanya Palmer
Keyword(s):  
Lived Experience ◽  
Case Law ◽  
Legal Framework ◽  
Sexual Autonomy ◽  
Abusive Relationship ◽  
Policy Responses ◽  
Law And Policy ◽  
Sexual Violation ◽  
Legal Responses ◽  
Original Concept

This article argues that sexual violation can take both ‘chronic’ and ‘acute’ forms. The latter, encapsulated by the offences of rape and sexual assault, refers to a discrete incident in which a victim’s sexual autonomy is violated. By contrast, the article articulates an original concept of ‘chronic sexual violation’, in which the victim’s autonomy is gradually eroded over a longer period of time, for example in an abusive relationship. In such a case it may be difficult to identify specific sexual encounters as non-consensual, and yet the victim is left with little or no control over whether and on what terms they engage in sexual activity. This conceptualisation builds on Evan Stark’s theory of coercive control, and is grounded in survivor accounts of the lived experience of sexual violation within ongoing relationships drawn from existing studies of abusive relationships, my own empirical interview data, and case law. The article contends that the limitations of law and policy responses to sexual violation within relationships can be partly explained by the illegibility of chronic sexual violation within a legal framework premised on the notion that a crime is a discrete incident. The concept of chronic sexual violation offers a way forward for crafting legal responses to this specific and pervasive form of harm, while resisting hierarchical constructions of sexual violation within intimate relationships as less serious than ‘real rape’.

scholarly journals How Does the Law and Policy Encourage Towards a Low Carbon Energy Transition in the Scotland?

2019 ◽  
Vol 24 ◽  
pp. 26-31
Author(s):  
Md. Raisul Islam Sourav
Keyword(s):  
Energy Transition ◽  
Legal Framework ◽  
Electricity Sector ◽  
Low Carbon ◽  
Law And Policy ◽  
The Law ◽  
The Government ◽  
Laws And Policies ◽  
The Uk ◽  
Low Carbon Energy

This article contains a doctrinal analysis of the law and policy encouragement towards a low carbon energy transition in the Scotland. To do this, the present article is primarily focused on electricity sector of the Scotland and its commitment towards a low carbon transition in this sector in coming years. This article analyzes the existing significant laws and policies in Scotland that encourage towards a low carbon transition. However, it also evaluates international obligation upon the Scotland and the UK, as well, towards this transition. Subsequently, it assesses the UK’s legal framework in this regard. However, Scotland is firmly committed to achieve its targets towards a low carbon transition in the power sector although it needs more incentive and tight observation of the government to smoothen the process.

scholarly journals The Role of the Courts in Advancing Water Security in South Africa

2021 ◽  
Vol 24 ◽  
pp. 1-35
Author(s):  
Bronwen Qumbu
Keyword(s):  
South Africa ◽  
Critical Analysis ◽  
Water Security ◽  
Case Law ◽  
Legal Framework ◽  
Applicable Law ◽  
Security Issues ◽  
Security Discourse ◽  
Laws And Policies

This article explores the role which courts could play in promoting water security in South Africa. As the country is one of the driest on the continent, its water security issues remain at the forefront of the service delivery conundrum. Therefore, issues of water security often need to be litigated to arrive at a favourable and just outcome. This is where the focus of this article lies. Based on a critical analysis of the legal framework governing water security and relevant case law, the article argues that courts could promote water security by discharging certain duties. Firstly, the courts must uphold the applicable law by weighing the rights and interests that relate to water and must then make reasonable, just and equitable findings. Secondly, the courts must solve water-related disputes between parties by interpreting and applying the applicable laws and policies. It is submitted that by executing these two functions, the courts contribute to a deeper understanding of the water security discourse. Finally, it is argued that through the execution of their traditional judicial functions, courts contribute to the making of law that directly affects water security.

The Regulation of Workplace Sexual Harassment in Greece: Legislation and Case Law Analysis

2005 ◽  
Vol 7 (1-4) ◽  
pp. 169-186
Author(s):  
Konstantinos D. Magliveras
Keyword(s):  
Sexual Harassment ◽  
Present Article ◽  
Case Law ◽  
Legal Framework ◽  
Criminal Code ◽  
Civil Code ◽  
The State ◽  
Labour Law ◽  
Employment Contracts ◽  
Legislative Measures

Although it is a well-known fact that sexual harassment is a common practice in Greek workplaces carried out both by employers and fellow employees, the State has not adopted any relevant civil and/or criminal legislative measures specifically to deal with it. However, there exists a general legal framework consisting of provisions in the Constitution, in the Civil Code, in the Criminal Code, and in various collective employment contracts, as well as general principles of Labour Law. Arguably, this framework does not afford to victims of sexual harassment a satisfactory regime for seeking redress. The present article analyses this legal framework and, on the basis of the applicable case law, shows how it has been applied in practice and how, on occasion, the courts have expanded its scope to overcome legislative shortcomings.

ACHIEVEMENTS AND PROSPECTS OF ONOMASTIC STANDARDIZATION: BELARUSIAN EXPERIENCE

2020 ◽  
pp. 72-82
Author(s):  
I.L. Kapylou
Keyword(s):  
Proper Names ◽  
Legal Framework ◽  
The State ◽  
The Creation

The article describes the achievements and determines the prospects for the standardization of Belarusian onyms: it examines the problems associated with the establishment of official written forms of toponyms, the creation of normative onomastic reference books, the functioning of onyms in the situation of the state Belarusian-Russian bilingualism in Belarus, the transliteration of foreign names into the Belarusian language, the preparation of a legal framework and development of a program for proper names romanization.

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

Barriers to the Use of Neurologic Criteria to Declare Death in Africa

2021 ◽  
pp. 104990912110069
Author(s):  
Ariane Lewis ◽  
Andrew Kumpfbeck ◽  
Jordan Liebman ◽  
Sam D. Shemie ◽  
Gene Sung ◽  
...  
Keyword(s):  
Brain Death ◽  
Legal Framework ◽  
Developing Regions ◽  
Healthcare Facilities ◽  
Life And Death ◽  
The World ◽  
Religious Perspectives ◽  
World Brain ◽  
The Creation ◽  
Death By Neurologic Criteria

There are varying medical, legal, social, religious and philosophical perspectives about the distinction between life and death. Death can be declared using cardiopulmonary or neurologic criteria throughout much of the world. After solicitation of brain death/death by neurologic criteria (BD/DNC) protocols from contacts around the world, we found that the percentage of countries with BD/DNC protocols is much lower in Africa than other developing regions. We performed an informal review of the literature to identify barriers to declaration of BD/DNC in Africa. We found that there are numerous medical, legal, social and religious barriers to the creation of BD/DNC protocols in Africa including 1) limited number of healthcare facilities, critical care resources and clinicians with relevant expertise; 2) absence of a political and legal framework codifying death; and 3) cultural and religious perspectives that present ideological conflict with the idea of BD/DNC, in particular, and between traditional and Western medicine, in general. Because there are a number of unique barriers to the creation of BD/DNC protocols in Africa, it remains to be seen how the World Brain Death Project, which is intended to create minimum standards for BD/DNC around the world, will impact BD/DNC determination in Africa.

scholarly journals Disability and Vulnerability: Challenging the Capacity/Incapacity Binary

2017 ◽  
Vol 16 (3) ◽  
pp. 469-481 ◽  
Author(s):  
Beverley Clough
Keyword(s):  
Social Policy ◽  
Mental Capacity ◽  
Feminist Philosophy ◽  
Perceived Vulnerability ◽  
Law And Policy ◽  
Legal Literature ◽  
House Of Lords ◽  
Mental Capacity Act 2005 ◽  
Laws And Policies ◽  
Mental Capacity Act

This article engages with emerging debates in law and feminist philosophy around the concept of vulnerability. Central to this is the call to re-imagine and re-frame vulnerability as universal – as something which is experienced by all individuals, by virtue of their humanity and context as social beings. The implications of this for laws and policies predicated on groups or categories as ‘being vulnerable’ will be explored in this article, using the concept of mental capacity as an example of how the boundary between capacity and incapacity can be contested through this lens. The article will critically consider the Mental Capacity Act 2005 and associated literature, such as Court of Protection cases, the House of Lords Select Committee's post-legislative scrutiny and Serious Case Reviews, which demonstrate the growing concern about the inadequacy of the binary between capacity and incapacity. This in turn provokes a challenge to accepted wisdom in the context of disability more broadly, inviting us to think in particular about the responses to perceived vulnerability that are currently deemed appropriate. Insights from the legal literature invite further exchanges with social policy theorists as to the concept of vulnerability and its challenges and implications for law and policy.

scholarly journals Free movement of workers in the EU and occupational pensions

2017 ◽  
Vol 19 (2) ◽  
pp. 141-157 ◽  
Author(s):  
Marion Del Sol ◽  
Marco Rocca
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Free Movement ◽  
The European Union ◽  
Occupational Pensions ◽  
Minimum Standards ◽  
Court Of Justice ◽  
Free Movement Of Workers ◽  
The Eu ◽  
Cross National

The European Union appears to be promoting at the same time both cross-national mobility of workers and an increased role for occupational pensions. There is, however, a potential tension between these two objectives because workers risk losing (some of) their pension rights under an occupational scheme as a consequence of their mobility. After long negotiations, the EU has addressed this issue through a minimum standards Directive. Shortly before the adoption of this Directive, the Court of Justice also delivered an important decision in the same field, in the case of Casteels v British Airways. By analysing the resulting legal framework for safeguarding pension rights under occupational schemes in the context of workers’ mobility, we argue that the application of the case law developed by the Court of Justice in the field of free movement of workers has the potential to offer superior protection compared to the Directive. We also highlight the fact that the present legal framework seems to afford a much fuller protection to the intra-company cross-national mobility of workers employed by multinational companies, while also seemingly favouring mobility for highly specialised workers.

Moving towards Complicity as a Criterion of Attribution of Private Conducts: Imputation to States of Corporate Abuses in the US Case Law

2011 ◽  
Vol 24 (4) ◽  
pp. 989-1007
Author(s):  
DANIELE AMOROSO
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Framework ◽  
Human Rights Violations ◽  
State Involvement ◽  
The Us ◽  
Terrorist Groups ◽  
Traditional Paradigm ◽  
Corporate Liability ◽  
Private Wrongs

AbstractAccording to the agency paradigm enshrined by the 2001 ILC Articles on State Responsibility, private conducts are attributed to a state when they are carried out on the state's behalf or under its tight control. On closer look, this legal framework proves to be unable to deal with state involvement in human-rights violations perpetrated by powerful non-state actors, such as terrorist groups or transnational corporations. These wrongs, indeed, are often put in place with the fundamental contribution of – but not on behalf of (or under the control of) – a state, with the consequence that, under the traditional paradigm, they could not be attributed to the latter. Against this backdrop, the present paper argues that a new secondary norm has been developing that provides that private wrongs are to be imputed to a state if the latter knowingly facilitated (or otherwise co-operated in) their commission. Although international practice will be duly taken into account, the analysis will be focused mainly on US case law concerning corporate liability for international human-rights violations.

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