SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

DISCIPLINARY RESPONSIBILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Legal Aspects ◽  
Judicial System ◽  
Legal Responsibility ◽  
Access To Justice ◽  
Main Body ◽  
Aarhus Convention ◽  
Legal Situation ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article presents the conceptual foundations of the disciplinary responsibility of judges. It was found that the legal basis for bringing judges to disciplinary responsibility is governed by the provisions of such documents as the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the High Council of Justice», the Constitution of Ukraine, the Convention on Access to Information, Public Participation in Decision Making and access to justice in environmental matters (Aarhus Convention), ratified by the Law of Ukraine dated 06.07.1999 No. 832-XIV, Decision of the XI (regular) Congress of Judges of Ukraine dated 22.02.2013 «On Approval of the Code of Judicial Ethics». It has been established that bringing judges to disciplinary responsibility for violation of professional duties is a guarantee of the protection of the rights and freedoms of citizens, their interests, as well as a way of forming the rule of law in the country. It was determined that judges can be brought to disciplinary responsibility, the order of disciplinary proceedings on which is based on the grounds determined by the Law of Ukraine «On the Judicial System and the Status of Judges». It has been proved that in addition to the Law of Ukraine «On the Judicial System and the Status of Judges», the Resolution of the European Association of Judges also has its own list of grounds for bringing judges to disciplinary responsibility, which are clearly delineated for the legal situation in Ukraine. It has been established that today the grounds for bringing judges to legal responsibility, in particular to disciplinary responsibility, are based on factual and legal aspects, where the factual aspects of bringing judges to disciplinary responsibility indicate where the offense was committed and which responsibility is provided. It was found that a disciplinary offense of a judge is the commission of an act (action or inaction) by a judge, as a result of which the duties determined by law are violated, and on the basis of such violations, the judge is brought to disciplinary responsibility according to a specially developed legal procedure. It has been determined that the main body that considers disciplinary cases in relation to bringing judges to disciplinary responsibility in Ukraine is the High Council of Justice.

scholarly journals Analisis Yuridis Omnibus Law dalam Penyusunan Rancangan Undang-undang Cipta Kerja

2021 ◽  
Vol 2 (3) ◽  
pp. 622-627
Author(s):  
I Kadek Semara Atmika ◽  
I Nyoman Budiartha ◽  
Lda Ayu Putu Widiati
Keyword(s):  
Civil Law ◽  
Conceptual Approach ◽  
Legal Concept ◽  
Law System ◽  
The Public ◽  
The Social ◽  
The Status ◽  
Legal Position ◽  
The Law ◽  
Civil Law System

Indonesia is a country that adheres to the civil law system, many regulations from central to regional. As a result, many laws and regulations overlap in both vertical and horizontal directions. To organize overlapping regulations, coordination  must be done. The concept of comprehensive law has been successfully applied in most countries that adhere to the common law system, but Indonesia that adheres to the civil law systern is still unfamiliar with the term. Therefore, the goals of this research are to analyze the comprehensive legal position in the preparation of Indonesian law and to discuss comprehensive law applied in the law of job creation. This research is normative legal research, used statutory approach and conceptual approach. The results show that the status and application of comprehensive law is v’ery imponant for the development of the law to enforce legal certainty. The formulation of legislation with a comprehensive legal concept requires in-depth research, and for the sake of transparency in the formatinn of many political parties involved, so as nnt to cause problems and harm the public interest, especially the social interest.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

Corporate social responsibility disclosure on the websites of coffee chains in Turkey

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Petek Tosun
Keyword(s):  
Corporate Social Responsibility ◽  
Content Analysis ◽  
Social Responsibility ◽  
Public Attention ◽  
Content Type ◽  
The Public ◽  
The Social ◽  
Csr Disclosure ◽  
Social And Environmental Responsibilities ◽  
Corporate Social

Purpose Coffee is among the primary products that attract the public attention to the social and environmental responsibilities of companies. Coffee shops have a big carbon footprint because of their daily operations. With the rising consciousness about sustainability in developing countries, online disclosure of corporate social responsibility (CSR) is becoming increasingly important for not only multinational but also local coffee chains. The purpose of this study is to analyze the extent to which coffee chains include CSR on their websites. Design/methodology/approach Turkey, which is a large emerging economy with an expanding coffee chain market, is selected as the research context. The CSR disclosure on the websites of coffee chains is examined by content analysis according to CSR dimensions. A sample of 27 coffee chains with more than ten stores is included in the analysis. Findings Foreign coffee chains disclose more information on the environment and fair trade than local coffee chains. On the other hand, CSR content in websites of foreign and local coffee chains does not differ significantly in human resources and community dimensions. Foreign coffee chains have comparatively longer brand history, more rooted brands and larger networks than local coffee chains. Originality/value To the best of the author’s knowledge, this study is the first that used a content analysis about CSR on the websites of coffee chains in Turkey. Findings contribute to the understanding of CSR disclosure in the coffee chain industry and can be beneficial for researchers and managers in other emerging markets.

Omnipotence and the Law: A Psychoanalytically Oriented Analysis

1988 ◽  
Vol 16 (3) ◽  
pp. 421-458
Author(s):  
C. G. Schoenfeld
Keyword(s):  
International Law ◽  
Judicial Review ◽  
Court Decisions ◽  
The Unconscious ◽  
The Public ◽  
Legal Studies ◽  
Dred Scott ◽  
The Status ◽  
The Law ◽  
Infants And Young Children

This article seeks to illuminate the effect of unconscious infantile omnipotence fantasies upon the law and some of its major officials. First, psychoanalytic discoveries about the omnipotence ideas of infants and young children are detailed, and an attempt is made to relate these ideas to the current overestimation of the status and effectiveness of international law. Then the possible relationship between such infantile notions and today's incredible litigiousness is discussed. Considered next in the light of infantile omnipotence beliefs is a series of landmark Supreme Court decisions since 1793—including the disastrous Dred Scott decision that helped to precipitate the Civil War. One of the possibilities raised is that the acceptance of the antimajoritarian concept of “judicial review” reflects the displacement of unconscious omnipotence fantasies from parents onto judges. Discussed next is the implicit logic of currently popular (but clearly unsound) Critical Legal Studies doctrines that, in effect, assign “omnipotence” both to judges and to the law they are presumably free to manipulate in the service of political goals. Finally, an attempt is made to understand why the public tends to ascribe “omnipotence” to judges and prosecutors and why the unconscious omnipotence notions of judges, prosecutors, and policemen are likely to affect their own official behavior.

scholarly journals What Do ‘We’ Know That ‘They’ Don’t? Sociologists’ versus Non-Sociologists’ Knowledge

2009 ◽  
Vol 34 (3) ◽  
pp. 671-696 ◽  
Author(s):  
Anne Mesny
Keyword(s):  
Social World ◽  
Public Sociology ◽  
Social Scientists ◽  
The Public ◽  
The People ◽  
Embedded Knowledge ◽  
The Social ◽  
The Status ◽  
Critical Policy ◽  
The Relationship

This paper attempts to clarify or to reposition some of the controversies generated by Burawoy’s defense of public sociology and by his vision of the mutually stimulating relationship between the different forms of sociology. Before arguing if, why, and how, sociology should or could be more ‘public’, it might be useful to reflect upon what it is we think we, as sociologists, know that ‘lay people’ do not. This paper thus explores the public sociology debate’s epistemological core, namely the issue of the relationship between sociologists’ and non-sociologists’ knowledge of the social world. Four positions regarding the status of sociologists’ knowledge versus lay people’s knowledge are explored: superiority (sociologists’ knowledge of the social world is more accurate, objective and reflexive than lay people’s knowledge, thanks to science’s methods and norms), homology (when they are made explicit, lay theories about the social world often parallel social scientists’ theories), complementarity (lay people’s and social scientists’ knowledge complement one another. The former’s local, embedded knowledge is essential to the latter’s general, disembedded knowledge), and circularity (sociologists’ knowledge continuously infuses commonsensical knowledge, and scientific knowledge about the social world is itself rooted in common sense knowledge. Each form of knowledge feeds the other). For each of these positions, implications are drawn regarding the terms, possibilities and conditions of a dialogue between sociologists and their publics, especially if we are to take the circularity thesis seriously. Conclusions point to the accountability we face towards the people we study, and to the idea that sociology is always performative, a point that has, to some extent, been obscured by Burawoy’s distinctions between professional, critical, policy and public sociologies.

Friedman at 50: Is It Still the Social Responsibility of Business to Increase Profits?

2020 ◽  
Vol 62 (3) ◽  
pp. 28-41
Author(s):  
Karthik Ramanna
Keyword(s):  
Social Responsibility ◽  
Public Sphere ◽  
Public Institutions ◽  
The Public ◽  
Track Record ◽  
The Social ◽  
The Public Sphere ◽  
Civic Institutions ◽  
Public Politics ◽  
Rules Of The Game

Fifty years ago Milton Friedman famously argued that the social responsibility of business is to increase its profits, which today are at record highs. And, as public institutions falter, business is now offering to step into the void. We must resist this (further) intrusion of business into the public sphere, as it will further depreciate civic institutions. The business of business is business, and so it should be. Business’ track record in public politics has been to engineer the rules of the game to its own advantage.

Democracy and Private Discretion in Business

2005 ◽  
Vol 15 (1) ◽  
pp. 37-66 ◽  
Author(s):  
Wim Dubbink
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Social Power ◽  
Point Of View ◽  
Modern Theory ◽  
Democratic Deficit ◽  
The Public ◽  
The Social ◽  
Corporate Social

Abstract:Some critics raise moral objections against corporate social responsibility on account of its supposedly undemocratic nature. They argue that it is hard to reconcile democracy with the private discretion that always accompanies the discharge of responsibilities that are not judicially enforceable. There are two ways of constructing this argument: the “perfect-market argument” and the ‘social-power argument.” This paper demonstrates that the perfect-market argument is untenable and that the social-power argument is sometimes valid. It also asserts that the proponents of the perfect-market argument are mistaken in their assumption that perfect markets are conducive to democracy. There are strong reasons to hold that perfect markets are undesirable from a democratic point of view. A proper conceptualization and differentiation of the relation between “the private and the public” can make this clear. The proponents of the social-power argument sometimes maintain that the democratic deficit can be compensated for by consulting the stakeholders affected. Against this, I will argue that the social power argument has nothing to offer affected parties. Still, it will be shown that modern theory on corporate social responsibility is not well accommodated to the democratic deficit as revealed by the social power argument.

The Time Analysis of Material Flow with Methods Time Measurement - Contribution to CSR Implementation at the Level of Industrial Production I

2013 ◽  
Vol 309 ◽  
pp. 302-308
Author(s):  
Rastislav Beňo ◽  
Gabriela Hrdinová ◽  
Peter Sakál ◽  
Lubomir Šmida
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Social Aspect ◽  
Europe 2020 ◽  
The Social ◽  
The Status ◽  
Management Hierarchy ◽  
Grassroots Level ◽  
Corporate Social

In the light of the strategy Europe 2020, which is focused on smart, sustainable and inclusive growth [ and the document: Renewed EU Strategy for Corporate Social Responsibility (CSR) for the period 2011 to 2014, together with the opinion of the Section for Employment, Social Affairs and Citizenship [ a targeted focus on CSR becomes the objective necessity for the companies. Through the CSR companies can achieved the long-term confidence of employees and customers, thereby the environment that allows innovation and growth can create. According to the idea of: Think globally, act locally is necessary to act socially and responsibly already at grassroots level of management hierarchy, whereby during the fulfilment the social aspect of corporate social responsibility is necessary to respect the status of employees, their physical and mental possibilities.

Determinants of Corporate Social Responsibility of a Social Enterprise: An Empirical Analysis

2016 ◽  
Vol 19 (03) ◽  
pp. 1650018 ◽  
Author(s):  
Soon-Beng Chew ◽  
Wei Quan Jeffrey Huang ◽  
Hui Ching Chia ◽  
Huang Chi Soh
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Collective Bargaining ◽  
Labor Movement ◽  
Social Enterprise ◽  
Field Survey ◽  
The Public ◽  
The Social ◽  
The Government ◽  
Corporate Social

This paper makes an attempt to estimate the corporate social responsibility (CSR) of a social enterprise in Singapore. Following the literature, we measure CSR based on a set of standard questions to gauge how the public values CSR according to these standard questions. The social enterprise being studied is NTUC Fairprice. NTUC is Singapore's labor movement which is a macro-focused union that works well with the government to achieve growth with equity ([Yao, S and SB Chew (2014). A mathematical model of a macro-focused labour union. Singapore Economic Review, 59(4), 1–13] for the theory of the macro-focused union). In this study, we also measure the CSR of Giant, another supermarket which is a commercial firm. A comparative analysis of the estimate of the CSR of these two firms is then made. The main finding is that, based on a field survey, Singaporeans value the CSR of NTUC Fairprice more highly than that of Giant. Our regression analysis reveals that the CSR valuation of NTUC Fairprice is basically determined by how people perceive NTUC Fairprice in terms of their sentiments. On the other hand, the only variable that is statistically significant in explaining changes in the CSR valuation of Giant is Malay respondents. The study also finds that, based on the second field survey, almost 85% of respondents chose to become members of NTUC because of non-collective bargaining benefits and only 10% joined the union because of sentiment. The main conclusion is that it pays for an organization to be known as a social enterprise. As NTUC Fairprice is a social enterprise of the labor movement in Singapore, union members are always supportive of the social effort of its cooperatives, of which NTUC Fairprice is one. An important incentive for workers to become union members is the provision of non-collective bargaining benefits provided by the labor movement.

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