scholarly journals Criminal Law Reform Now

2017 ◽  
Vol 81 (4) ◽  
pp. 282-291
Author(s):  
John Child ◽  
Jonathan Rogers
Keyword(s):  
Criminal Law ◽  
Law Reform ◽  
The Political ◽  
Reform Initiative ◽  
Home Office ◽  
Political Preference ◽  
Legal Professionals ◽  
The Public ◽  
Mainstream Media ◽  
Law Making

The principal aim of this article is to introduce a new criminal law reform initiative: The Criminal Law Reform Now Network (CLRN Network). The article begins in Part 1 by setting the scene for law reform in this jurisdiction, exposing and discussing four major challenges that await any would-be reformer or network: 1) The Political Red Line, 2) The Political Preference for Simple Headlines, 3) The Political Indifference to Principles of Criminalisation, and 4) The Division Between Academics and Practitioners. From here, in Part 2, we introduce the ambitions and processes envisaged for the new CLRN Network. Launched in 2017, the mission of the CLRN Network is to facilitate collaboration between academics and other legal experts to gather and disseminate comprehensible proposals for criminal law reform to the wider community. The aim is to include members of the public and mainstream media as well as legal professionals, police, policymakers and politicians. Proposals from the CLRN Network might require legislation, but will not be restricted to such projects. Reforms which public bodies such as the Home Office, Police or CPS could bring about by internal policies may be included, as well as reforms which require the support of some of the judiciary, bearing in mind the proper judicial constraints on law making. The CLRN Network will be ready to consult with and make suggestions to anyone who has the power to bring about reform.

scholarly journals Corporate Law Reform and the Political Environment: An Empirical Analysis Employing Public-Comment Procedure Data in Japan

2017 ◽  
Vol 4 (2) ◽  
pp. 309-328
Author(s):  
Hatsuru MORITA
Keyword(s):  
Business Environment ◽  
Corporate Law ◽  
Law Reform ◽  
The Political ◽  
Political Environment ◽  
Reform Process ◽  
Corporate Managers ◽  
Legal Professionals ◽  
Public Comment ◽  
Technical Issues

AbstractCorporate law shapes the fundamental business environment and affects various stakeholders. It is possible to determine the behaviour of various stakeholders by examining the politics of the reform process of corporate law. In order to understand the process, this paper uses the notice-and-comment procedure (public-comment procedure). Under this procedure, people submit comments to the Ministry of Justice; some of the comments are reflected in the final Bill, while others are not. The paper performs a quantitative analysis of a hand-collected dataset from two recent public-comment procedures on corporate law reform. The results showed that the bureaucrats are rigid and not willing to take public comments seriously. However, on some technical issues, legal academics, and legal professionals influence the behaviour of the bureaucrats. In addition, the bureaucrats employed these comments to honour the technical views of professionals. In other cases, corporate managers significantly influence the reform process.

scholarly journals Social Media as Valuable Anti-Corruption Assets in the Public Sphere in Nigeria

2020 ◽  
pp. 1-10
Author(s):  
B. Babasanya ◽  
L. Ganiyu ◽  
U. F. Yahaya ◽  
O. E. Olagunju ◽  
S. O. Olafemi ◽  
...  
Keyword(s):  
Social Media ◽  
Public Sphere ◽  
Good Governance ◽  
Public Affairs ◽  
The Political ◽  
Political Class ◽  
The Public ◽  
Mainstream Media ◽  
The Public Sphere ◽  
The Individual

The issue of corruption in Nigeria has assumed a monumental dimension in such a way that it has become a household song and practice. Thus, adopting a rhetoric definition may not be appropriate instead a succinct description will suffice. The dimension of corruption is monumental because it started from pre-independence in the First republic with the first major political figure found culpable and investigated in 1944 and reach its peak recently with the evolvement of ‘godfatherism’ in the political landscape of the country. Therefore, corruption in Nigeria is more or less a household name. Using Social Responsibility Media Theory as a guide, this paper undertakes an examination of the right of the media to inform the public, serve the political system by making information, discussion and consideration of public affairs generally accessible, and to protect the rights of the individual by acting as watchdog over the governments. This discourse analysis is backed up with the presentation of documented materials on tracking corruption through the use of social media. Since the use of mainstream media only is disadvantageous owing to its demand-driven nature, social media stands as a veritable and result-orientated asset in tracking corruption across the public sphere. This paper found that complimented with mainstream media, social media and civic journalism have exposed corrupt tendencies of contractors and public office holders including the political class in the provision and handling of infrastructural development projects thereby make public officials accountable and create an open access to good governance.

Reasons to Criminalize

2018 ◽  
pp. 143-181
Author(s):  
Vincent Chiao
Keyword(s):  
Criminal Law ◽  
Subject Matter ◽  
Public Law ◽  
Point Of View ◽  
Harm Principle ◽  
The Political ◽  
Legal Moralism ◽  
The Public ◽  
Political Ideal ◽  
The Way

This chapter extends the public law conception to the theory of criminalization. The first half of the chapter is devoted to considering whether the criminal law has a privileged subject matter or “core,” focusing especially on Feinberg’s influential account of the criminal law as a system of direct prohibitions. The chapter argues that a subject-matter-based approach has difficulty coming to grips with actual criminal law systems in modern administrative states, in which so-called mala prohibita offenses predominate. The second half of the chapter turns to sketching how we might approach the question of criminalization from a public law point of view, both in general and with reference to the political ideal of anti-deference (sketched in Chapter 3) in particular. Along the way, the chapter argues that the (very popular) wrongfulness principle turns out to be either empty or implausible, and hence that we should reject any version of the harm principle, or of legal moralism, that presupposes it.

Chasing Rainbows: 2005–2020

2021 ◽  
pp. 253-294
Author(s):  
Justin Collings
Keyword(s):  
South Africa ◽  
Criminal Law ◽  
The Political ◽  
Constitutional Court ◽  
Economic Rights ◽  
The Public ◽  
The Past ◽  
Problematic Relationship ◽  
Constitutional Justice ◽  
The Government

This chapter highlights how the Constitutional Court of South Africa has engaged with the memory of apartheid since 2005. It shows how many of the patterns of earlier years persisted—aggressive invocations of apartheid in cases of criminal law or criminal procedure, or when the political stakes were low, but more reticence when confronting the government or applying socio-economic rights provisions. But there was a definite sea change as the Court increasingly confronted the clientelism, cronyism, and corruption that had become endemic to uninterrupted single-party rule. In 2016, the Court dramatically invoked the memory of apartheid to underwrite its decision requiring President Jacob Zuma and his abettors to repay the millions spent from the public treasury on a “security upgrade” to the president’s private residence in Nkandla. The chapter concludes by noting the problematic relationship between constitutional justice and collective memory, and describing how the Court, although it recognizes the problem, nonetheless remains committed to adjudicating in the present by the light of the past.

Phenomenon of administrative prejudice in the context of understanding the essence of crime

2021 ◽  
pp. 117-136
Author(s):  
Vadim V. Khiluta
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Criminal Law ◽  
Criminal Liability ◽  
The Public ◽  
Scope Of Application ◽  
The Subject ◽  
Objective Side ◽  
Law Making ◽  
Critical Consideration

We consider the issue of understanding the administrative prejudice in criminal law. We investigate the ontological problems of administrative prejudice in the doctrine of criminal law. The purpose of the work is a ra-tional and critical consideration of the criminal law science provisions in rela-tion to the question of the characteristics and legal essence of administrative prejudice. We analyze the arguments “for” and “against” the preservation of administrative prejudice in the criminal law, consider the essential character-istics of this concept. We state that administrative prejudice is now consid-ered outside the corpus delicti, identifying it with a specific means of legal technique, or within the corpus delicti, as an element of the objective side or subject of the crime. We substantiate the position that administrative preju-dice is a sign of a special subject of a crime. We prove that when committing a repeated similar offense, it is necessary to talk about the public danger of the subject who has committed multiple repetitions of the same offense. In this case, each subsequent multiple offense should entail the onset of criminal liability, because this right violation is not associated with the act, but with the figure committing the unlawful act. We propose measures to improve the proposition of administrative prejudice in the criminal law. Research methods: formal-dogmatic, comparative-legal, instrumental analysis. Scope of application: jurisprudence, law enforcement practice, law-making, legislation.

Keseimbangan Monodualistik antara Kepentingan Masyarakat dan Individu dalam Pembaharuan Hukum Pidana Indonesia

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (1) ◽  
pp. 1685
Author(s):  
Bambang Ali Kusumo
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Expected Value ◽  
Law Reform ◽  
The Public ◽  
Court Of Justice ◽  
Penal Reform ◽  
The Supreme Court

AbstrakPembaharuan hukum pidana di Indonesia yang tertuang dalam konsep KUHP 2012 lebih mengedepankan nilai-nilai keseimbangan, khususnya keseimbangan monodialistik antara kepentingan masyarakat dan kepentingan individu. Nilai keseimbangan ini merupakan perwujudan nilai-nilai dari Pancasila dan UUD 1954. Adanya Nilai keseimbangan ini diharapkan dalam penegakan hukum pidana khususnya ditingkat pemeriksaan di pengadilan terwujud keadilan. Dalam pembaharuan hukum pidana ini sentral penegakan hukum pidana ada pada para hakim. Oleh sebab itu perlu menjaga kualiatas hakim baiktingkat kecerdasannya maupun integritasnya. Disamping itu perlu adanya peningkatan pengawasan terhadap hakim-hakim baik yang dilakukan oleh Mahkamah Agung, Komisi Yudisial dan masyarakat. Sehingga tidak terjadi mafia peradilan.Kata Kunci: Keseimbangan monodualistik, Kepentingan masyarakat dan Individu, Pembaharuan Hukum PidanaAbstractIndonesia penal reform conained in the concept of the Crimonal Code in 2012 put forward the values of balance, especialy monodualistic balance between the interest of society and personal. The value of this balance is the embodiment of Pancasila and the 1945 Constitution. Expected value on the balance in the ecforement of criminal law, especialy at the level of examination in a court of justice materialize. In penal reform, th ecentral penal is on the judges. Therefore it is necessary to maintain the quality of judges both in the level of intelligence and integrity. In addition, the need for increased scrunity of the gudges both in the supreme court, the Judicial Commision and the public. So the judicial mafia is terminated.Keywords: Monodualistic Balance, The Interest of Society and the personal, Criminal Law reform

Democrazy—Dem Go Craze, O: Monitoring the 1999 Nigerian Elections

1999 ◽  
Vol 27 (1) ◽  
pp. 29-33
Author(s):  
Darren Kew
Keyword(s):  
Transition Program ◽  
The Political ◽  
High Stakes ◽  
Political Class ◽  
Soccer Match ◽  
The Public ◽  
The Military

In many respects, the least important part of the 1999 elections were the elections themselves. From the beginning of General Abdusalam Abubakar’s transition program in mid-1998, most Nigerians who were not part of the wealthy “political class” of elites—which is to say, most Nigerians— adopted their usual politically savvy perspective of siddon look (sit and look). They waited with cautious optimism to see what sort of new arrangement the military would allow the civilian politicians to struggle over, and what in turn the civilians would offer the public. No one had any illusions that anything but high-stakes bargaining within the military and the political class would determine the structures of power in the civilian government. Elections would influence this process to the extent that the crowd influences a soccer match.

Assessments of User Comments With “Alternative Views” as a Function of Media Trust

2020 ◽  
pp. 1-12
Author(s):  
Marlene Kunst
Keyword(s):  
Online Discussions ◽  
Future Research ◽  
Political Issues ◽  
Argument Quality ◽  
The Public ◽  
Mainstream Media ◽  
User Comments ◽  
Media Trust ◽  
Heuristic Information Processing

Abstract. Comments sections under news articles have become popular spaces for audience members to oppose the mainstream media’s perspective on political issues by expressing alternative views. This kind of challenge to mainstream discourses is a necessary element of proper deliberation. However, due to heuristic information processing and the public concern about disinformation online, readers of comments sections may be inherently skeptical about user comments that counter the views of mainstream media. Consequently, commenters with alternative views may participate in discussions from a position of disadvantage because their contributions are scrutinized particularly critically. Nevertheless, this effect has hitherto not been empirically established. To address this gap, a multifactorial, between-subjects experimental study ( N = 166) was conducted that investigated how participants assess the credibility and argument quality of media-dissonant user comments relative to media-congruent user comments. The findings revealed that media-dissonant user comments are, indeed, disadvantaged in online discussions, as they are assessed as less credible and more poorly argued than media-congruent user comments. Moreover, the findings showed that the higher the participants’ level of media trust, the worse the assessment of media-dissonant user comments relative to media-congruent user comments. Normative implications and avenues for future research are discussed.

Facing the Challenge of Democracy

2011 ◽  
Keyword(s):  
Political Participation ◽  
Interest Groups ◽  
Political Knowledge ◽  
The Political ◽  
Political Thinking ◽  
Democratic Representation ◽  
The Public ◽  
Party Polarization

Citizens are political simpletons—that is only a modest exaggeration of a common characterization of voters. Certainly, there is no shortage of evidence of citizens' limited political knowledge, even about matters of the highest importance, along with inconsistencies in their thinking, some glaring by any standard. But this picture of citizens all too often approaches caricature. This book brings together leading political scientists who offer new insights into the political thinking of the public, the causes of party polarization, the motivations for political participation, and the paradoxical relationship between turnout and democratic representation. These studies propel a foundational argument about democracy. Voters can only do as well as the alternatives on offer. These alternatives are constrained by third players, in particular activists, interest groups, and financial contributors. The result: voters often appear to be shortsighted, extreme, and inconsistent because the alternatives they must choose between are shortsighted, extreme, and inconsistent.

Our universities away from partisan Altsarat

2019 ◽  
Author(s):  
أ.د.عبد الجبار احمد عبد الله
Keyword(s):  
Political Parties ◽  
Legal Framework ◽  
Public Institutions ◽  
Political Organization ◽  
Moral Duty ◽  
The Political ◽  
Public Office ◽  
State Institutions ◽  
The Public ◽  
The University

In order to codify the political and partisan activity in Iraq, after a difficult labor, the Political Parties Law No. (36) for the year 2015 started and this is positive because it is not normal for the political parties and forces in Iraq to continue without a legal framework. Article (24) / paragraph (5) of the law requires that the party and its members commit themselves to the following: (To preserve the neutrality of the public office and public institutions and not to exploit it for the gains of a party or political organization). This is considered because it is illegal to exploit State institutions for partisan purposes . It is a moral duty before the politician not to exploit the political parties or some of its members or those who try to speak on their behalf directly or indirectly to achieve partisan gains. Or personality against other personalities and parties at the expense of the university entity.

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