Making Cartel Conduct Criminal: A Case Study of Ambiguity in Controlling Business Behaviour

2009 ◽  
Vol 42 (2) ◽  
pp. 218-243 ◽  
Author(s):  
Caron Beaton-Wells ◽  
Fiona Haines
Keyword(s):  
Economic Policy ◽  
Social Norms ◽  
Criminal Law ◽  
Political Ideology ◽  
Hard Core ◽  
Australian Society

This article explores the regulation of cartel conduct in Australia focusing, in particular, on the recent decision to criminalise so-called ‘hard-core’ cartels. It illuminates three interdependent ambiguities in regulating such conduct: economic, moral and legal. The case study is drawn on to highlight the challenges for the criminal law in attempting to resolve such ambiguities or tensions as they arise in the regulation of business behaviour generally.We argue that such challenges exist because the ambiguities reflect broader shifts taking place on an ongoing basis in economic policy, political ideology and social norms in Australian society.

Islamic Law and Political Ideology

2016 ◽  
Vol 33 (1) ◽  
pp. 52-66
Author(s):  
Nesya Shemer
Keyword(s):  
Political Ideology ◽  
Islamic Law ◽  
The West ◽  
Process Of Change ◽  
Muslim Scholar ◽  
Methodological Principles

This article suggests a new way of looking at the preeminent methodological principles informing the oeuvre of Yusuf al-Qaradawi, the greatest Muslim scholar of our generation, specificallywith regard to his rulings for and about Muslims living in Europe.The case study presented here is taken from the field of Muslimprayer law, a field that has to date been subjected to very little research.By comparing the discussions of classical Muslim scholarson the topic with the new interpretations proffered by al-Qaradawi,one can notice the process of change undergone by the Shari‘ahconcerning prayer under extraordinary circumstances from Islam’searly days down to the present. We can also see how his politicaloutlooks have influenced his ruling on this issue and the discussionthereof among Muslims who do not reside in the West.

scholarly journals Creating and Maintaining Structural Hindrances to Criminal Justice Control – A Policy Analysis on the Normalisation of Parental Violence as a Crime in Finland

2021 ◽  
pp. 096466392110208
Author(s):  
Riikka Kotanen
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Interpersonal Violence ◽  
Legal Regulation ◽  
Division Of Labour ◽  
Legal Form ◽  
Parental Violence ◽  
Control Policies ◽  
And Control

In the context of home, violence remains more accepted when committed against children than adults. Normalisation of parental violence has been documented in attitudinal surveys, professional practices, and legal regulation. For example, in many countries violent disciplining of children is the only legal form of interpersonal violence. This study explores the societal invisibility and normalisation of parental violence as a crime by analysing legislation and control policies regulating the division of labour and involvement between social welfare and criminal justice authorities. An empirical case study from Finland, where all forms of parental violence were legally prohibited in 1983, is used to elucidate the divergence between (criminal) law and control policies. The analysis demonstrates how normalisation operates at the policy-level where, within the same system of control that criminalised these acts, structural hindrances are built to prevent criminal justice interventions.

scholarly journals Tackling Illegal Activities Through Tax Law – Al Capone Case Study

2015 ◽  
Vol 6 (1) ◽  
pp. 47-56
Author(s):  
Matej Kacaljak
Keyword(s):  
Criminal Law ◽  
Tax Evasion ◽  
Slovak Republic ◽  
Basic Structure ◽  
Tax Law ◽  
Legal Environment ◽  
Legal Institutions ◽  
The Usa ◽  
Illegal Activities

Abstract This paper discusses the Al Capone case and identifies legal institutions which contributed to the conviction of Al Capone for tax evasion in the USA and discusses similarities in Slovak law. The Slovak legal environment is assessed with the aim of identifying potential room for improvement. Under an assumption of identical factual circumstances, it is tested whether Al Capone would be convicted of tax evasion in the Slovak Republic and if not, what would be the main reasons. The paper concludes that due to some, probably unintentional, specifics of Slovak tax and criminal law, Al Capone could not be convicted of tax evasion by the Slovak courts. In our opinion, these specifics do not, however, constitute material elements of the basic structure of Slovak tax and criminal law and could be relatively easily corrected.

Corruption and the criminal law: assurance and deterrence

2021 ◽  
pp. e20210014
Author(s):  
Vincent Chiao
Keyword(s):  
Criminal Justice ◽  
Social Norms ◽  
Criminal Law ◽  
Social Norm ◽  
Ideal Types ◽  
Systemic Corruption ◽  
Substantial Degree

In this article, I consider the degree to which criminal justice interventions may be expected to ameliorate systemic corruption. I distinguish between two ideal types of corrupt actors – conditional cooperators and autonomous defectors – and argue that the prospects of reform through criminal justice is greatly affected by the relative preponderance of each type. When conditional cooperators predominate, the criminal law serves primarily to provide assurance that a perceived social norm is effective, in that the norm is both widely adhered to, and adhered to because people endorse the propriety of that norm. When autonomous defectors predominate, the criminal law serves primarily to deter would-be cheaters by attaching costs, at least in expectation, to cheating. Because patterns of compliance based upon a social norm tend to be self-reinforcing, unlike patterns of compliance motivated by fear of sanction, I argue that the prospects of sustainable reform through criminal justice interventions is likely to depend to a substantial degree upon convincing people to trust social norms rather than rely upon their private judgments of what is in their interest – that is, to become conditional cooperators.

The Other Sex Work

2021 ◽  
Author(s):  
Nora Winter ◽  
Morgaine Struve
Keyword(s):  
Social Sciences ◽  
Grounded Theory ◽  
Discourse Analysis ◽  
Social Norms ◽  
Sex Work ◽  
The Other ◽  
Constructivist Grounded Theory ◽  
Study Analysis ◽  
Case Study Analysis

This work is a case study analysis of the contemporary feminist academic pornography discourse. Based on two academic articles, two competing discourses are identified and examined using constructivist grounded theory and discourse analysis. This clash of discourses is traced back firstly to changing social norms on sexuality: Older generations, who still inhabit most positions of power within academia, are largely still representing restrictive attitudes on what constitutes “acceptable” sexualities. Secondly, research conventions within the humanities and social sciences have changed to defy easy explanations. Pornography researchers are therefore forced to choose between conforming to prevalent sexuality norms or research conventions.

From “hard-core” to “soft-core” ESP: A case study

1985 ◽  
Vol 4 (2) ◽  
pp. 101-109 ◽  
Author(s):  
Guillermo Latorre ◽  
M. Angélica Kaulen
Keyword(s):  
Hard Core ◽  
Soft Core

‘To die, to sleep’ – assisted dying legislation in Victoria: A case study

2018 ◽  
Vol 26 (7-8) ◽  
pp. 1976-1982 ◽  
Author(s):  
Julia Gilbert ◽  
Jane Boag
Keyword(s):  
Terminal Illness ◽  
Assisted Dying ◽  
Contemporary Society ◽  
Ethical Considerations ◽  
Australian Society ◽  
Australian State ◽  
Pain And Suffering ◽  
To Come ◽  
The Impact

Background: Assisted dying remains an emotive topic globally with a number of countries initiating legislation to allow individuals access to assisted dying measures. Victoria will become the first Australian state in over 13 years to pass Assisted Dying Legislation, set to come into effect in 2019. Objectives: This article sought to evaluate the impact of Victorian Assisted Dying Legislation via narrative view and case study presentation. Research design: Narrative review and case study. Participants and research context: case study. Ethical considerations: This legislation will provide eligible Victorian residents with the option to request access to assisted dying measures as a viable alternative to a potentially painful, protracted death. Findings: This legislation, while conservative and inclusive of many safeguards at present, will form the basis for further discussion and debate on assisted dying across Australia in time to come. Discussion: The passing of this legislation by the Victorian parliament was prolonged, emotive and divided not only the parliament but Australian society. Conclusion: Many advocates for this legislation proclaimed it was well overdue and will finally meet the needs of contemporary society. Protagonists claim that medical treatment should not provide a means of ending life, despite palliative care reportedly often failing to relieve the pain and suffering of individuals living with a terminal illness.

scholarly journals Financial cycle − A critical analysis of the methodology for its identification

2021 ◽  
Vol 10 (3) ◽  
pp. 99-116
Author(s):  
Łukasz Kurowski
Keyword(s):  
Economic Policy ◽  
Critical Analysis ◽  
Global Financial Crisis ◽  
Critical Perspective ◽  
Financial Cycle ◽  
Economic Justification ◽  
The Business Cycle ◽  
The Global Financial Crisis

Abstract While the legitimacy of the concept of the financial cycle (as distinct from the business cycle) in research and economic policy after the experience of the global financial crisis raises no concerns, the methodology for its application has become a subject of discussion. The purpose of this article is to indicate which research methods dominate in identifying a financial cycle and which methodological traps accompany them. The low level of critical perspective on the methods used to identify cycles often results in conclusions that have no economic justification and may result in erroneous decisions in economic policy and central bank practice. The case study carried out in the article confirms that the key elements in identifying a financial cycle are part of a long-term series covering at least two lengths of the financial cycle. In addition, because the results may be sensitive to the type of filter used, it is important not to rely on a single variable but rather to build indexes that take into account a number of them (including those obtained using filtration methods).

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