scholarly journals Sexual Harassment In The Workplace: Europe

2011 ◽  
Vol 2 (3) ◽  
pp. 65
Author(s):  
John Lehman
Keyword(s):  
Sexual Harassment ◽  
Human Resources ◽  
Modern Society ◽  
The Law ◽  
The Way

Rebecca McDonald returned to her office in Leverkusen Germany still angry from her meeting with Bertina Knies in Human Resources. Rebecca had presented an open-and-shut sexual harassment complaint, clearly supported both by company policies and the Law, and Frau Knies had not only refused to do anything about it, but had not very politely insinuated that the whole thing was Rebeccas fault. The next step would probably be to appeal to Human Resources back in Detroit, since the Germans clearly had no understanding of the way things should work in a modern society.

scholarly journals A study of the interplay between the law and organisational codes of conduct with regards to sexual harassment in New Zealand

2021 ◽  
Author(s):  
◽  
Heike Menne-Spohr
Keyword(s):  
New Zealand ◽  
Sexual Harassment ◽  
Human Resources ◽  
Trade Unions ◽  
Third Parties ◽  
Legal Consciousness ◽  
Structured Interviews ◽  
Policies And Procedures ◽  
The Law ◽  
Sexual Harassment Policies

<p>The aim of this research is to fill a gap in the New Zealand literature which is to investigate whether the sexual harassment legislation is being understood, implemented and monitored in organisations effectively.  This thesis explores how organisations in New Zealand are using tick-box compliance when implementing sexual harassment legislation into their employee policies and procedures documents due to the ambiguity of certain words. It looks at the role that Human Resources consultants and trade unions play, and further using the endogeneity model, the thesis explores the effect that tick-box compliance has on the legal consciousness of sexual harassment in organisations and third parties.  Data was collected through semi-structured interviews with Human Resources professional at public and private sector organisations, Human Resources consultants as well as trade union representatives who are actively involved with the implementation and management of sexual harassment policies in the workplace.    It was found that organisations had implemented sexual harassment policies and procedures several years previously and that these had not been changed significantly due to a lack of change in the law itself. The findings also indicate that the organisations implement sexual harassment polices using a tick-box approach and they do not necessarily fully understand the legislation. It was suggested that the emphasis had shifted from sexual harassment to bullying and that the third parties like trade unions and Human Resources consultants see more cases of this than sexual harassment.   The thesis concludes that although organisations have sexual harassment policies and procedures, these are outdated and are not part of the legal consciousness of organisations, trade unions and Human Resources consultants. The ambiguous nature of the wording in the law itself and the lack of guidelines for organisations on how to implement them has resulted in tick-box compliance and organisations do not know if their policies are effective or not. Further the low penalties for sexual harassment behaviour means that there is no incentive for sexual harassment victims to raise complaints.</p>

Historic Conjunction of Juvenile Law and Child Psychology

2021 ◽  
Vol 3 (1) ◽  
pp. 44-47
Author(s):  
Dr. Abida Hassan ◽  
Muhammad Arif Saeed
Keyword(s):  
Juvenile Justice ◽  
Child Psychology ◽  
Modern Society ◽  
Ulterior Motive ◽  
History Of ◽  
The Law ◽  
The Way

In any developed nation, the way law is implemented is a seen as a reflection of what the statute or article was intended for, since modern society is a complex blend of different societal layers, it is necessary to make distinctions based on certain criteria in order to satisfy the ulterior motive of law: to maintain peace and harmony in society. One such distinction is that between the law applicable to adults and that applicable to minors, or in legal terms, juveniles. Pakistan also shared its history of juvenile justice with India, up until its independence in 1947. Even then it took Pakistan fifty-three years to formulate a uniform piece of legislation for juveniles, and then another eighteen to update and revise it considerably. By virtue of the procedure of independence, Pakistan inherited a lot of laws that had been introduced by the British in the subcontinent during their rule. Several of these laws were oriented towards juveniles and the need for their separation from adult, either wholly or partially and some of them survive to this day as well.

scholarly journals A study of the interplay between the law and organisational codes of conduct with regards to sexual harassment in New Zealand

2021 ◽  
Author(s):  
◽  
Heike Menne-Spohr
Keyword(s):  
New Zealand ◽  
Sexual Harassment ◽  
Human Resources ◽  
Trade Unions ◽  
Third Parties ◽  
Legal Consciousness ◽  
Structured Interviews ◽  
Policies And Procedures ◽  
The Law ◽  
Sexual Harassment Policies

<p>The aim of this research is to fill a gap in the New Zealand literature which is to investigate whether the sexual harassment legislation is being understood, implemented and monitored in organisations effectively.  This thesis explores how organisations in New Zealand are using tick-box compliance when implementing sexual harassment legislation into their employee policies and procedures documents due to the ambiguity of certain words. It looks at the role that Human Resources consultants and trade unions play, and further using the endogeneity model, the thesis explores the effect that tick-box compliance has on the legal consciousness of sexual harassment in organisations and third parties.  Data was collected through semi-structured interviews with Human Resources professional at public and private sector organisations, Human Resources consultants as well as trade union representatives who are actively involved with the implementation and management of sexual harassment policies in the workplace.    It was found that organisations had implemented sexual harassment policies and procedures several years previously and that these had not been changed significantly due to a lack of change in the law itself. The findings also indicate that the organisations implement sexual harassment polices using a tick-box approach and they do not necessarily fully understand the legislation. It was suggested that the emphasis had shifted from sexual harassment to bullying and that the third parties like trade unions and Human Resources consultants see more cases of this than sexual harassment.   The thesis concludes that although organisations have sexual harassment policies and procedures, these are outdated and are not part of the legal consciousness of organisations, trade unions and Human Resources consultants. The ambiguous nature of the wording in the law itself and the lack of guidelines for organisations on how to implement them has resulted in tick-box compliance and organisations do not know if their policies are effective or not. Further the low penalties for sexual harassment behaviour means that there is no incentive for sexual harassment victims to raise complaints.</p>

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

The Law of Tort

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Liability ◽  
French Law ◽  
The Law ◽  
Broad Approach ◽  
The Way

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.

scholarly journals What is a firm? A reply to Jean-Philippe Robé

2021 ◽  
pp. 1-11
Author(s):  
Simon Deakin ◽  
David Gindis ◽  
Geoffrey M. Hodgson
Keyword(s):  
Theory Of The Firm ◽  
Recent Book ◽  
Everyday Language ◽  
Modern Capitalism ◽  
Legal Foundations ◽  
Common Parlance ◽  
The Law ◽  
Business Entities ◽  
Definition Of ◽  
The Way

Abstract In his recent book on Property, Power and Politics, Jean-Philippe Robé makes a strong case for the need to understand the legal foundations of modern capitalism. He also insists that it is important to distinguish between firms and corporations. We agree. But Robé criticizes our definition of firms in terms of legally recognized capacities on the grounds that it does not take the distinction seriously enough. He argues that firms are not legally recognized as such, as the law only knows corporations. This argument, which is capable of different interpretations, leads to the bizarre result that corporations are not firms. Using etymological and other evidence, we show that firms are treated as legally constituted business entities in both common parlance and legal discourse. The way the law defines firms and corporations, while the product of a discourse which is in many ways distinct from everyday language, has such profound implications for the way firms operate in practice that no institutional theory of the firm worthy of the name can afford to ignore it.

scholarly journals Bridging Ride and Play Comfort

Information ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 119
Author(s):  
Zeliang Zhang ◽  
Kang Xiaohan ◽  
Mohd Nor Akmal Khalid ◽  
Hiroyuki Iida
Keyword(s):  
Physical Performance ◽  
Ride Comfort ◽  
Roller Coaster ◽  
Mental Experience ◽  
The Law ◽  
Target Environment ◽  
Rider Comfort ◽  
The Relationship ◽  
Suitable Environment ◽  
The Way

The notion of comfort with respect to rides, such as roller coasters, is typically addressed from the perspective of a physical ride, where the convenience of transportation is redefined to minimize risk and maximize thrill. As a popular form of entertainment, roller coasters sit at the nexus of rides and games, providing a suitable environment to measure both mental and physical experiences of rider comfort. In this paper, the way risk and comfort affect such experiences is investigated, and the connection between play comfort and ride comfort is explored. A roller coaster ride simulation is adopted as the target environment for this research, which combines the feeling of being thrill and comfort simultaneously. At the same time, this paper also expands research on roller coaster rides while bridging the rides and games via the analogy of the law of physics, a concept currently known as motion in mind. This study’s contribution involves a roller coaster ride model, which provides an extended understanding of the relationship between physical performance and the mental experience relative to the concept of motion in mind while establishing critical criteria for a comfortable experience of both the ride and play.

scholarly journals The Cognitive Psychology of Rules of Interpretation in International Law

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 258-262
Author(s):  
Anne van Aaken
Keyword(s):  
Cognitive Psychology ◽  
International Law ◽  
Vienna Convention ◽  
International Treaty ◽  
Treaty Law ◽  
Psychology Perspective ◽  
The Law ◽  
Biases And Heuristics ◽  
The Way

While Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT) prescribe the rules of interpretation for international treaty law as “disciplining rules,” the rules of interpretation themselves are understudied from a cognitive psychology perspective. This is problematic because, as Jerome Frank observed, “judges are incurably human,” like everybody else. I submit that behavioral approaches could provide insights into how biases and heuristics affect the way judges and other interpreters use the VCLT rules.

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