Emergency placements in juvenile justice: abandoning the time for education

2004 ◽  
Vol 43 (3) ◽  
pp. 371-387
Author(s):  
Marc Bessin

The time-scales of justice are, on the one hand, the long time of the law and, on the other hand, the time of the circumstances and contingencies that enter into the interpretation of the law. The time for educational rehabilitation in the system of juvenile justice fits into a long perspective, the time for professionals working in the system to follow up on cases. For juvenile judges, this reversible, modulable time can be used to adapt their interventions to the changing family environment. A survey in three juvenile courts of the emergency placement of minors under the French Civil Code confirms that the “educative doctrine” underlying this branch of justice is in the throes of a crisis. There is a return to legalism among juvenile judges. In a social, political context where taking immediate action is valued more than taking the time to monitor and investigate cases, the anticipation of risks has led to an institutionalization of emergency procedures with, as a consequence, the abandonment of the idea of a time for educational rehabilitation.

Author(s):  
Nimer Sultany

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.


2021 ◽  
Vol 1 ◽  
pp. 2007-2016
Author(s):  
Yoram Reich ◽  
Eswaran Subrahmanian

AbstractDesign research as a field has been studied from diverse perspectives starting from product inception to their disposal. The product of these studies includes knowledge, tools, methods, processes, frameworks, approaches, and theories. The contexts of these studies are innumerable. The unit of these studies varies from individuals to organizations, using a variety of theoretical tools and methods that have fragmented the field, making it difficult to understand the map of this corpus of knowledge across this diversity.In this paper, we propose a model-based approach that on the one hand, does not delve into the details of the design object itself, but on the other hand, unifies the description of design problem at another abstraction level. The use of this abstract framework allows for describing and comparing underlying models of published design studies using the same language to place them in the right context in which design takes place and to enable to inter-relate them, to understand the wholes and the parts of design studies.Patterns of successful studies could be generated and used by researchers to improve the design of new studies, understand the outcome of existing studies, and plan follow-up studies.


1972 ◽  
Vol 7 (3) ◽  
pp. 373-410
Author(s):  
Aharon Yoran

It is submitted that even if the hapless outsider cannot bring an action for damages because of the existing state of the law regarding fiduciary duties and breach of statutory duties, he still has an equitable remedy of rescission of the contract based on quasi-contractual principles. The crime of fraud, under secs. 13 and 54, respectively, would be made the basis of setting the contract (of sale or purchase) aside. To support this proposition we shall explore the quasi-contractual principles which enable one contracting party, the victim of a crime committed by the other party in entering the contract, to defeat this contract.In Browning v. Morris, in an oft-quoted statement by Lord Mansfield, the following principle was declared: But, where contracts or transactions are prohibited by positive statutes, for protecting one set of men from another set of men; the one, from their situation and condition, being liable to be oppressed or imposed upon by the other; there, the parties are not in pan delicto; and in furtherance of these statutes, the person injured, after the transaction is finished and completed, may bring an action and defeat the contract.


2004 ◽  
Vol 32 (1) ◽  
pp. 56-72 ◽  
Author(s):  
Stephen J. Morse

How to respond justly to the dangers persistent violent offenders present is a vexing moral and legal issue. On the one hand, we wish to reduce predation; on the other, we want to treat predators fairly. The central theme of this paper is that it is difficult to achieve both goals without compromising one of them, and that both are being seriously undermined. I begin by explaining the legal theory, doctrine and practice governing dangerous offenders (DO) and demonstrate that the law leaves a gap in the ability to confine them. Next I explore the means by which the law has overtly or covertly sought to fill the gap. Many of these measures, especially the new form of civil commitment for sexual predators, dangerously conflate moral and medical categories. I conclude that pure preventive detention is more common than we usually assume, but that this practice violates fundamental assumptions concerning liberty under the American constitutional regime.


Author(s):  
Koen De Temmerman ◽  
Danny Praet

This chapter explores martyr accounts. Scholars traditionally divide these texts into two types: narrative representations of the suffering and death of martyrs (the so-called passiones) on the one hand, and dramatic representations of the trial preceding this (the so-called acta or praxeis), on the other. The exact semantic range of both labels is debated, but in any case the distinction does not capture the textual reality in its full complexity: even the predominantly narrative texts often contain an interrogation scene, whereas most so-called acta always have a narrative frame, however minimal it may be. In addition, there is no formal unity across the board. This chapter first addresses some of the intellectual premisses that in traditional scholarship on martyr acts were for a long time conducive of historical questions, much to the detriment of the study of these texts as narratives in their own right. The chapter then observes that many martyr acts recount not only the deaths of their protagonists but also cover (parts of) their preceding lives, and it explores how these texts adopt and adapt narrative and rhetorical protocols from traditional life-writing to shape the lives of their protagonists. Finally, attention is paid briefly to the thematic cluster of erotic love, desire, marriage, and the preservation of chastity that drives many such narrative elaborations. It is concluded that whereas research on these texts has long been driven by historical interests, they are also treasure-troves for scholars interested in narrative in general and life-writing in particular.


Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.


De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.


2020 ◽  
Vol 7 (2) ◽  
pp. 411-430
Author(s):  
Maja Tabea Jerrentrup

Abstract The art of bodypainting that is fairly unknown to a wider public turns the body into a canvas - it is a frequently used phrase in the field of bodypainting that illustrates the challenge it faces: it uses a three-dimensional surface and has to cope with its irregularities, but also with the model’s abilities and characteristics. This paper looks at individuals who are turned into art by bodypainting. Although body painting can be very challenging for them - they have to expose their bodies and to stand still for a long time while getting transformed - models report that they enjoy both the process and the result, even if they are not confident about their own bodies. Among the reasons there are physical aspects like the sensual enjoyment, but also the feeling of being part of something artistic. This is enhanced and preserved through double staging - becoming a threedimentional work of art and then being staged for photography or film clips. This process gives the model the chance to experience their own body in a detached way. On the one hand, bodypainting closely relates to the body and on the other hand, it can help to over-come the body.


Table II : Quantitative determination of carbonyl compounds at different odour sources (concentrations in ppb) Rendering plant Gelatine plant neighbourhood neighbourhood Formaldehyde 40 16 Acetaldehyde 39 24 Acetone 36 73 Prcpanal 10 -Isobutyraldehyde 10 30 Pentanal 15 19 Hexanal 3.52 Heptanal 12.5 Octanal 10.5 Nonanal 1 2 acids (figure 7). However extractions always involve a serious decrease in sensitivity, while evaporation of the extract produces a solution in 0.1-0.5 ml of solvent, and only 1 pi of it can be brought in the gas chromatograph. Therefore work is in progress to enhance sensitivity by converting acids in­ to halogenated derivatives, which can be GC-analysed with the more sensitive electron-capture detector. For thiols a similar procedure is investigated as with aldehydes. One possibility is absorption of thiols in an alkaline solution and reaction with 2,4-dinitrochlorobenzene, yielding 2,4-dinitrofenylsulfides, which are analysed by HPLC (9). Sane improvements on removal of reagents at the one hand and on separation of sane by-products on the other hand have to be achieved in order to in­ crease the sensitivity with another factor of ten. 5. CONCLUSION The actual scope and limitations of chemical analysis of odour show that all problems can be tackled as far as emission is concerned. For iititiission measurements seme progress is necessary, but there is no essential reason why chemical analysis would be unable to attain the desired sensitivity for all types of odorants. There is no doubt that in a few years the last dif­ ficulties will be solved. In order to achieve real control of odour nui­ sance, automatic measurement is necessary on a long time basis. There again seme technical development is to be expected. Does this mean that machines are going to decide if an odour is pre­ sent or not? By no means, while the population will always be the reference, and psychophysical measurements will be necessary to make chemical analysis possible.


Author(s):  
V. Кroitor

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".


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