scholarly journals Parental Child Abduction In Malaysia: Is Everything Right with Our Domestic Laws?

2015 ◽  
Vol 23 (2) ◽  
Author(s):  
Anis Shuhaiza Md Salleh
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Equal Rights ◽  
Child Abduction ◽  
Family Pattern ◽  
The Family ◽  
Rapid Changes ◽  
The Subject ◽  
The Law

Parental child abduction is an unacceptable and condemned act due to its bad implication caused especially on the child. Nevertheless, it was hard to charge parents for absconding or stealing their own child for a long accepted tradition and settled rule that both parents have equal rights over the child. Both would have justifications for their act to be considered as good and bad for the child even to the extent of abducting him or her from the other parent. However, as time passed, the laws particularly, family and criminal law, have also developed to face rapid changes in the family institution. The need to reform the laws for want of jurisdiction or lack of uniformity or adequacy of laws on a certain matter were among the result of the changes in family pattern.  Experience from cases showed that it was very hard for any parent to get back his or her child once the subject has been brought outside the country. Thus, this article is aiming at scrutinising the domestic laws of Malaysia, particularly the family and criminal laws on parental child abduction as well as its enforcement aspect by referring to the relevant provisions and the decided cases. Suggestions are provided to strengthen the law and its enforcement aspect, being a tool to prevent parental child abduction.  

scholarly journals THE JUDICIAL CONSTRUCTION RELATING TO THE TERRORISM CASES (REALITY AND PROSPECTS)

2021 ◽  
Vol 03 (03) ◽  
pp. 473-482
Author(s):  
Fawzi Abdelsalam Mohammed AL-KILNI ◽  
Ebtisam Hassan Salem Ben ISSA
Keyword(s):  
Working Conditions ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Policy ◽  
Developed Countries ◽  
The Other ◽  
High Concern ◽  
The Law ◽  
The Developed Countries ◽  
The Military

The current study aims to discuss and investigate one of the most prominent and important issues that has been in constant debate in all the previous researches and studies dine in the scope of criminal law ; especially those regarding the juridical construction relating to the terrorism cases. The main attempt of this research is to evaluate the criminal policy of the Libyan Legislation issuing law no.3 for the year 2014 concerning Terrorism combating. Disregarding the recent issuing of the law in subject, the above-mentioned law is of great importance due to its high concern of the juridical apparatus of combating terrorism. However, what makes a wonder herewith is the Libyan legislation has been taking a step backwards when the law (4) was issued in 2017 in regarding of the amendment of the provisions of both the Military Penal Code and the Code of Military Procedures which has already mandated the judiciary of offenders of terrorism according to the terms identified in Article 3. Herewith, the perception of the effectiveness and functionality of the above-mentioned law is not possible without paying the attention to reviewing the jurisdiction from one hand and the working conditions of the judges from the other hand. However, the good conduct of the judges’ work depends heavily on doing several improvements for these apparatus, in addition to promoting the juridical capabilities by supporting these apparatus with the modern facilities, utilizing the experience of the developed countries in this regard. Therefore, the prospects are addressed to developing the juridical construction properly according to the principles of the defense rights and the fair trial as these principles are the constitution fundamentals and the traits of the criminal-justice system.

scholarly journals Pierrot, Arlequín y nosotros, los espectadores. A propósito de Funny Games (Michael Haneke, 1997)

2020 ◽  
pp. 255-269
Author(s):  
Pablo Ferrando-García
Keyword(s):  
Daily Life ◽  
The Other ◽  
Moral Dimension ◽  
Modes Of Representation ◽  
The Family ◽  
P 16 ◽  
The Subject ◽  
Ultimate Objective ◽  
The One ◽  
Pedagogical Function

We present an analysis of the filmic representation of Funny Games to highlight its playful structure as a game of games. Through a series of narrative efforts, a double operation is carried out, aimed at a specular relationship with the viewer. On the one hand, Michael Haneke’s film offers a series of expressive mechanisms that are aimed at shifting the objective gaze to subjective in order to transfer the perception of the subject presented to the viewer. On the other, it presents a brutal clash between the registers of comedy and tragedy through the young psychopaths, Peter and Paul, who emerge as contemporary clowns, in the figures of Pierrot and Harlequin, whose negative resonances lead to the incarnation of absolute EVil. In turn, the family are the victims, and this is presented as the prototype of the family institution while Peter and Paul are mere archetypes. In this way, the cinematographic screen is turned into a device for interrogating its modes of representation and, in turn, offers a solid moral dimension. The ultimate objective of the Hanekian story is to cover it with “a pedagogical function: to familiarize the cinema, to bring it closer to a daily life so that it speaks from you to you to the experience –to the conscience– of the viewer” (Font, 2002, p. 16). Resumen Nuestra propuesta trata de desarrollar un análisis de la representación fílmica con el propósito de poner de relieve la estructura lúdica de Funny Games como juego de juegos. A través de toda una serie de gestiones narrativas se efectúa una doble operación dirigidas a una relación especular con el espectador. Por un lado, la película de Michael Haneke ofrece una serie de mecanismos expresivos que van encaminados al desplazamiento de la mirada objetiva en subjetiva con el fin de trasladar la percepción del sujeto de la enunciación al narratario/espectador. Por otro, presenta un brutal choque entre el registro de la comedia con la tragedia a través de los jóvenes psicópatas, Peter y Paul, que se erigen en los payasos contemporáneos, en las figuras de Pierrot y Arlequín, cuyas resonancias negativas conducen a la encarnación del Mal absoluto. A su vez, George y Anne Schöber son las víctimas y estos son expuestos como el prototipo de la institución familiar mientras Peter y Paul son meros arquetipos narrativos. De este modo, la pantalla cinematográfica se convierte en un dispositivo de interrogación sobre sus modos de representación y, a su vez, ofrece una sólida dimensión moral. El objetivo último del relato hanekiano es revestirlo de “una función pedagógica: familiarizar el cine, acercarlo a una cotidianidad para que hable de tú a tú a la experiencia –a la conciencia– del espectador” (Font, 2002: 16).

Seeking Reconciliation

2020 ◽  
pp. 88-124
Author(s):  
Arzoo Osanloo
Keyword(s):  
Criminal Law ◽  
Cycle Of Violence ◽  
Considerable Influence ◽  
The Family ◽  
The Law ◽  
The Right ◽  
Legitimate Violence ◽  
Sense Of Power ◽  
The Way

This chapter studies the operations of the Iranian criminal law and analyzes how the procedural administration of the law animates the shariʻa. Iranian criminal laws provide many avenues for victims to forgo retributive sanctioning. But preserving the right of retribution serves several purposes: maintaining the sovereign's monopoly on legitimate violence, giving victims a sense of power, and halting the cycle of violence. The way Iran achieves this comprises an interesting balancing act between maintaining the monopoly over legitimate violence and granting individual victims the right of retribution, which its leaders believe, through their interpretation of the shariʻa, cannot be appropriated by the sovereign. Since the law categorizes intentional murder as qisas and leaves judges with no discretion in sentencing, the judges may use their considerable influence to pressure the family to forgo retribution. The chapter then considers the role of judges and examines how the laws (substantive and procedural) shape their reasoning and discretion in both sentencing and encouraging forbearance.

28. Child Abduction

2018 ◽  
pp. 309-316
Author(s):  
Jane Sendall
Keyword(s):  
International Law ◽  
The Other ◽  
Child Abduction ◽  
The Law

This chapter focuses on the issue of parental child abduction, i.e. the removal of children by a parent to another country without the permission of the other parent or the permission of the court. It examines the phenomenon of parental child abduction; the national and international law assisting parents seeking the return of a child; and the law and procedure relevant to preventing child abduction.

28. Child Abduction

2019 ◽  
pp. 309-316
Author(s):  
Jane Sendall ◽  
Roiya Hodgson
Keyword(s):  
International Law ◽  
Hague Convention ◽  
The Other ◽  
Child Abduction ◽  
The Law

This chapter focuses on the issue of parental child abduction, i.e. the removal of children by a parent to another country without the permission of the other parent or the permission of the court. It looks at jurisdiction, in which circumstances removal may be lawful, passports, and port alerts. It examines the phenomenon of parental child abduction; the national and international law assisting parents seeking the return of a child; and the law and procedure relevant to preventing child abduction. Hague and non-Hague convention countries are also discussed, as well as what can be done if a child is abducted to a non-Hague convention country.

scholarly journals Ronald George Hatton,1886-1965

1966 ◽  
Vol 12 ◽  
pp. 250-258 ◽  
Keyword(s):  
Later Life ◽  
The Other ◽  
The South ◽  
Successful Career ◽  
South West ◽  
The Family ◽  
The Law ◽  
Outdoor Pursuits ◽  
To Receive

Ronald George Hatton was a distinguished pomologist, an able administrator and a man who won the affection and esteem of his friends and colleagues alike. Ronald was born on 6 July 1886, in Yorkshire, a county for which he always retained a great affection. He was the youngest child of Ernest Hatton who was a barrister of the Inner Temple. Ronald’s mother was Amy Pearson, a woman of forceful character who came from a similar environment, since she was the daughter of William Pearson, also a barrister, who had taken silk. With such legal forebears on both sides of the family it would scarcely have been surprising if their son had followed the law, but perhaps this hereditary influence manifested itself, in later life, in a marked ability for administration and the handling of finance. But, though Ronald’s ancestry was mainly non-scientific, there was one very distinguished scientist on the mother’s side, namely his uncle, Professor Karl Pearson, F.R.S., the famous statistician and author of The grammar of science . The other members of the family were two sisters. The elder of these, Margerie, followed a successful career as a nurse. She became Matron of the Cottage Hospital at Lyme Regis and, later, for a period of thirteen years till the time of her death, was Matron of the hospital at Teignmouth. The younger sister, Dorothy, studied modern languages at Exeter and was indeed the first woman to receive the Batchelor of Arts Degree from the, then newly established, College of the South-West. She next turned her attention to chemistry, though at this time and subsequently, after her marriage, outdoor pursuits always claimed her great interest.

Part 3 General Principles of Criminal Law: Principes Généraux Du Droit Pénal, Art.24 Non-retroactivity ratione personae /Non-rétroactivité ratione personae

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
Criminal Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Simple Manner ◽  
The Subject ◽  
The Law ◽  
Principle Of Legality

This chapter comments on Article 24 of the Rome Statute of the International Criminal Court. Preceded by two provisions that entrench two Latin maxims described collectively as the principle of legality, article 24 completes the treatment of the subject in Part 3 of the Rome Statute. Article 24 promises the accused that if there is a change in the law applicable to a given case prior to a final judgment, ‘the law more favourable shall apply’. However, this rule giving the defendant the benefit of the ‘more favourable’ provision is not without difficulties. It is not always a simple manner to determine which rule is in fact more favourable. Moreover, there may be an important element of subjectivity, in that individuals may differ in their assessment.

Some Problems in the History of the Law of Nations in Asia (1963)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Relations ◽  
International Law ◽  
Case Law ◽  
Legal Aspects ◽  
State Sovereignty ◽  
Law Of Nations ◽  
The Family ◽  
History Of ◽  
The Subject ◽  
The Law

This chapter considers problems in the study of the history of the law of nations in Asia. It argues that international lawyers have focused their attention on the legal aspects of contemporary problems of international relations and politics, and on the operation of tribunals and quasi-tribunals and the case law they produce. Writers of present day treatises of international law devote just a few introductory pages to the history of the subject and these short chapters are often based on similar introductions in nineteenth-century treatises. The chapter discusses some of the elements of legal change in which European–Asian relations played a significant role; the gradual elimination of the natural law outlook by growing European positivism; the principle of universality of the law of nations and the principle of identity of de facto and de jure State sovereignty; and the use of capitulations to delay the ‘entry’ of Asian States into the family of nations.

Misrepresentation and the Act of 1967

1967 ◽  
Vol 25 (2) ◽  
pp. 239-250
Author(s):  
P. B. Fairest
Keyword(s):  
The Other ◽  
Law Reform ◽  
Other Hand ◽  
The Subject ◽  
The Law ◽  
Lord Chancellor

The law concerning misrepresentations inducing contracts has been the subject of criticism for some years, and in 1959, the then Lord Chancellor, Viscount Kilmuir, referred the matter to the Law Reform Committee. Their Report, published in 1962, had a mixed reception. A learned commentator, writing in this journal, gave it a rather chilly welcome, on the ground that it went too far; on the other hand, Mr. Diamond, writing in the pages ofLaw Reform Now, complained that the Report did not go far enough, and suggested that the subtle distinction between a mere representation and a term of the contract should be abolished. In 1967 the Misrepresentation Act was passed, to give effect, with certain modifications, to such of the recommendations of the Law Reform Committee as had not yet been implemented.

Oblique Intention

1987 ◽  
Vol 46 (3) ◽  
pp. 417-438 ◽  
Author(s):  
Glanville Williams
Keyword(s):  
Criminal Law ◽  
Ethical Theory ◽  
Technical Term ◽  
Ordinary Meaning ◽  
Legal Problems ◽  
Ethical Concept ◽  
The Subject ◽  
Basic Concepts ◽  
The Law ◽  
Legal Meaning

Why is it that intention, or intent, one of the basic concepts of the criminal law, remains so unclear? Judges decline to define it, and they appear to adjust it from one case to another.Part of the trouble is the disagreement on the subject of intention amoung jurists generally. The Philosophers who have lately arrived on the scene, hoping to help the lawyers to slove their legal problems, in fact give only limited assistance. Their philosophical interest stems from the fact that intention is an important ethical concept, but they do not relate their discussions to any particular ethical concept, but they do not relate their discussions to any particular ethical theory, and they do not sufficiently consider the specific requirements of the criminal law. Indeed, they mix up the ordinary meaning of the word “intention” with its desirable legal meaning. To be sure, the meaning of intention as a technical term of the law ought to be close to the literary and popular one, but there are sound reasons for saying that the two should not always be indentical.

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