Legal and Ethical Problems of Street Gang Work

1964 ◽  
Vol 10 (2) ◽  
pp. 152-156
Author(s):  
Solomon Kobrin

As a new technique in the control of juvenile delinquency, street gang work raises a singularly knotty problem involving legal and ethical considerations. Since successful street work is based on the trust and confidence established between the worker and his gang boys, the worker often has knowledge of their of fenses. Disclosure of such information to the police impairs the relationship; nondisclosure creates the ethical problem of abet ting delinquency and the legal problem of accessory after the fact. Two proposed solutions to this dilemma are (1) accepting it as unavoidable and (2) extending the right of privileged com munication to the social work profession. However, a third solution is suggested, based on the fact that the ethical and legal dilemma encountered in street gang work stems from the worker's own ambiguity regarding observance of the law. On the assump tion that the younger, less criminally sophisticated groups are the more appropriate targets of street work, the worker's unquali fied commitment to observance of the law supports rather than impedes his work with gangs.

1996 ◽  
Vol 26 (1) ◽  
pp. 147-171 ◽  
Author(s):  
Giovanni Berlinguer ◽  
Gabriella Falzi ◽  
Irene Figà-Talamanca

Throughout history, the relationship between employers and workers has been subject to the equilibrium of power, to legislative norms, to ethical considerations, and more recently to scientific knowledge. The authors examine the ethical conflicts that arise from the application of scientific knowledge to preventive health policies in the workplace. In particular, they discuss the ethical conflicts in the application of screening practices, in the setting of “allowable limits” of harmful work exposures, and in the right of workers to be informed about work hazards. Ethical problems are also created by conflicting interests in the protection of the environment, the health of the general public, and the health of the working population, and by conflicting interests among workers, and even within the individual worker, as in the case of “fetal protection” policies. The authors emphasize the positive use of scientific information and respect for human dignity in resolving these conflicts.


Author(s):  
Carla Ferstman

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.


2008 ◽  
Vol 41 (3) ◽  
pp. 317-338 ◽  
Author(s):  
Lubomír Kopeček ◽  
Pavel Pšeja

This article attempts to analyze developments within the Czech Left after 1989. Primarily, the authors focus on two questions: (1) How did the Czech Social Democratic Party (ČSSD) achieve its dominance of the Left? (2)What is the relationship between the Social Democrats and the Communist Party of Bohemia and Moravia (KSČM)? We conclude that the unsuccessful attempt to move the KSČM towards a moderate leftist identity opened up a space in which the Social Democrats could thrive, at the same time gradually assuming a pragmatic approach towards the Communists. Moreover, the ability of Miloš Zeman, the leader of the Social Democrats, to build a clear non-Communist Left alternative to the hegemony of the Right during the 1990s was also very important.


2020 ◽  
Vol 5 (21) ◽  
pp. 267-276
Author(s):  
Najah Inani Abdul Jalil ◽  
‘Ain Husna Mohd Arshad

In 1990, the creation of underground land is created in the National Land Code. The scarcity of land especially in urban areas has pushed the traditional horizontal land development into vertical land development. Apart from transportation purposes, it is suitable for recreational, storage, and service utility purposes. Within this development, it attracts questions such as how to reconcile the right of surface and underground landowners as the law has allowed the ownership of underground land to be independent and separate from the surface owner. In governing the relationship between the surface and the underground landowners, the provision of access, support, and protection are regulated under the express condition in the document of title. This paper explores the concept of the right of support in Malaysia and the requirement for its application. This paper uses the doctrinal method where statutory provisions, cases, legal articles are examined. In discussing this topic, the practice in Singapore and Australia is compared, and it is suggested in regulating the relationship between surface and underground landowners, the creation of easement to be adopted with the compensation to be awarded to the burdened land.


2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.


2018 ◽  
Vol 83 (4) ◽  
pp. 28-37
Author(s):  
V. P. Gorbachov

The article discusses the practice of the relationships between the Prosecutor’s office and the gendarmerie, which formed during the investigation of political crimes in the Russian Empire after the judicial reform of 1864. It is indicated that the law of May 19, 1871 changed the legal relationships between the gendarmerie and the Prosecutor’s office. The gendarmerie was given the right to conduct an inquiry, and the prosecutor’s office was entrusted with the supervision of this activity. Central agencies targeted the prosecutor’s office and the gendarmerie to coordinate their activities in the investigation of political crimes, which resulted in their gradual rapprochement. In practice, the Prosecutor’s office began to take an active part in the conduct of inquiries on the state crimes. As a result, it gradually lost its original meaning “guardian of the law and an impartial observer for the correctness of the actions of a person who conducted the inquiry”. The actual relationships between the Prosecutor’s office and the gendarmerie was not unambiguous. They largely depended on specific individuals and could be diametrically opposed. Along with the relations of “mutual understanding” there were also facts of direct conflicts between the prosecutor’s office and the gendarmerie. Despite such different relationship, in society, the existing level of political repression “was attributed to the joint and solidary activities of zealous gendarmes with zealous prosecutors”. The career of prosecutors depended largely on the relationship with the gendarmerie. Later, during the inquiry, many prosecutors began to lose their impartiality and gradually turned into agents of gendarmerie goals. According to the figurative expression of the former Chairman of the Council of Ministers S. Witte, the Minister of justice himself “from the Supreme guardian of legality became an assistant to the chief of gendarmes and the chief of secret police”.


2020 ◽  
Vol 20 (2) ◽  
pp. 138
Author(s):  
Fakhrurrazi M.Yunus ◽  
Zahratul Aini

Abstrak: Dalam Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan adanya Pasal yang mengatur tentang perkawinan beda agama, dalam Pasal 35 huruf (a) yang menyatakan bahwa perkawinan yang ditetapkan oleh pengadilan. Namun dalam Undang-Undang tersebut tidak diatur secara jelas, sehingga memberi peluang timbulnya dampak negatif. Namun yang diakui di Indonesia jika pasangan suami istri yang berbeda agama harus memeluk agama yang sama di salah satu pasangan dengan maksud mereka harus pindah agama baik memeluk agama istri maupun suami. Dengan adanya berbagai kemudharatan yang timbul, maka hal itu tidak sesuai dengan hukum Islam. Oleh karena itu, penulis ingin mengetahui dampak perkawinan beda agama yang diatur dalam Undang-Undang Nomor 23 Tahun 2006 tentang administrasi  kependudukan dan tinjuan hukum Islam terhadap perkawinan beda agama dalam Undang-Undang Nomor 23 tahun 2006. Dalam penelitian ini, metode penelitian yang digunakan adalah Kualitatif. Berdasarkan dari hasil penelitian, dampak dari perkawinan beda agama yaitu dampak terhadap rumah tangga yang tidak harmonis menimbulkan kegelisahan, dan sulitnya berkomunikasi. Dampak terhadap anak yang membuat hubungan antara keluarga yaitu anak dan orang tua menjadi kacau dan tidak utuh karena mengetahui kedua orang tuanya berbeda keyakinan. Dampak terhadap harta warisan yang mengakibatkan anak yang lahir dari perkawinan beda agama tidak mempunyai hak untuk mendapatkan harta warisan apabila tidak seagama dengan pewaris yang dalam hal ini pewaris beragama Islam. Adapun tinjauan hukum Islam menyatakan bahwa perkawinan beda agama itu tidak sah, karena menurut fatwa MUI Nomor:4/MUNASVII/MUI/8/2005 menetapkan bahwa nikah beda agama hukumnya haram yang diperkuat dengan firmannya dalam surat al-mumtahanah ayat 10 dan al-baqarah ayat 221.Abstract: in Law No. 23 of 2006 on the administration of the population of the article governing the marriage of different religions, in article 35 letter (a) stating that the marriage is established by the court. But the law is not regulated, so it allows causing negative impacts. But it is recognized in Indonesia if different couples of religion must embrace the same religion in one partner with the intention they have to move religion both embrace the religion of the wife and husband. With the various blessings that arise, it is not under Islamic law. Therefore, the author wants to know the impact of the marriage of different religions organized in law Number 23 the year 2006 about the administration of population and the Islamic law to the marriage of different religions in the law Number 23 the year 2006. In this study, the research method used was qualitative. Based on the results of the study, the impact of the marriage of different religions is the impact on the unharmonious households raises anxiety, and difficulty communicating. The impact on the child who makes the relationship between the family is the child and the parent becomes chaotic and not intact because knowing both parents are different beliefs. The impact on the inheritance that resulted in children born from the marriage of different religions does not have the right to obtain inheritance if not as religious as the heir, in this case, Muslim heirs. The review of Islamic law states that the marriage of different religions is not valid, because according to fatwa MUI number: 4/MUNASVII/MUI/8/2005 stipulates that the marriage of different religious religion is haram strengthened by his word in Sura al-Mumtahanah verse 10 and al-Baqarah verses 221.


2020 ◽  
Vol 9 (1) ◽  
pp. 50
Author(s):  
Rufia Wahyuning Pratiwi

Penelitian ini dilatar belakangi oleh adanya beberapa permasalahan yang ada di Pengadilan Agama Blitar, dengan beberapa pengaduan masyarakat terkait tentang lalainya mantan suami dalam kewajibannya memberikan nafkah kepada anaknya pasca perceraian.  Karena anak adalah manusia kecil yang butuh perlindungan dan butuh diperlakukan secara manusiawi, dan sila kemanuasian yang adil dan beradab maupun misi dalam maqoshidussyariah hifdhul nafsi dan hifdhul nasl (melindungi jiwa dan keturunan) dalam syariah Islam harus terwujud. Tujuan penelitian ini agar supaya para pencari keadilan cerdas dan paham akan hukum serta langkah-langkah yang harus ditempuh dalam menghadapi suatu permasalahan hukum guna tegaknya hukum dan terwujudnya keadilan. Hasil penelitian ini memperoleh bahwa hasil pertama mengetahui penyebab adanya kelalaian terhadap pemenuhan pembayaran nafkah anak pasca perceraian, sehingga perlu ditelaah ulang tentang putusan hakim yang bisa menjadi tolak ukur telah adanya jiwa kemanusian demi tegaknya hukum dan rasa keadilan yang dirasakan oleh pencari keadilan. Kedua, mencari solusi tepat agar produk pengadilan yang berupa putusan benar-benar bisa mencerminkan nilai-nilai kemanusiaan, keadilan yang benar-benar bisa melindungi kepentingan para pencari keadilan.Kata kunci: anak, perceraian, perlindungan, hukum This research is motivated by a number of problems that exist in the Blitar Religious Court, with some related public complaints about the negligence of ex-husband in his obligation to provide for their children after divorce. Because children are little people who need protection and need to be treated humanely, and the precepts of fair and civilized humanity and mission in maqoshidussyariah hifdhul nafsi and hifdhul nasl (protecting souls and offspring) in Islamic sharia must be realized. The purpose of this study is so that justice seekers are smart and understand the law and steps that must be taken in dealing with a legal problem in order to uphold the law and the realization of justice. The results of this study found that the first result found out the cause of negligence in fulfilling child income payments after divorce, so it was necessary to review the judge's decision that could become a benchmark for the existence of a humanitarian spirit for the sake of law enforcement and a sense of justice felt by justice seekers. Second, finding the right solution so that court products in the form of decisions can truly reflect human values, justice which can truly protect the interests of justice seekers.Keywords: child, divorce, protection, law


Author(s):  
Jackie Gulland

Social justice is a popular concept, used by academic theorists, international bodies such as the United Nations, politicians on both the left and the right and by community activists. This chapter considers how the term ‘social justice’ may or may not be useful in the context of ‘administrative justice’ by looking at the relationship between administrative justice and structural inequalities. Administrative justice scholars usually focus on procedures. By contrast, social justice scholars are more concerned with substantive outcomes. They draw attention to the major rifts in society which lead to huge inequalities of outcome in terms of material wealth, health, education and life expectancy. Administrative justice, with its emphasis on rule following and fair procedures, can often seem divorced from these inequalities. This is where the concept of social justice can help administrative justice scholars. Administrative justice scholars, often dismiss outcomes as being beyond the reach of law, as being about politics. The emphasis on the ‘social’ in social justice compels us to look at this broader context and to show us how the great schisms in society create and enforce inequality.


Author(s):  
Gabriel Rockhill

This chapter proposes a counter-history of a seminal debate in the transition from structuralism to post-structuralism. It calls into question the widespread assumption that Derrida rejects Foucault’s structuralist stranglehold by demonstrating that the meaning of a text always remains open. Through a meticulous examination of their respective historical paradigms, methodological orientations and hermeneutic parameters, it argues that Derrida’s critique of his former professor is, at the level of theoretical practice, a call to return to order. The ultimate conclusion is that the Foucault-Derrida debate has much less to do with Descartes’ text per se, than with the relationship between the traditional tasks of philosophy and the meta-theoretical reconfiguration of philosophic practice via the methods of the social sciences.


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