scholarly journals Look who’s (not) talking: The use of mediation in medical negligence claims in Ireland

2022 ◽  
Vol 7 (1) ◽  
Keyword(s):  
Restorative Justice ◽  
Public Awareness ◽  
Medical Negligence ◽  
Emotional Needs ◽  
Conflict Intervention ◽  
Legislative Changes ◽  
The Way

This paper looks at why mediation is not more widely used in medical negligence claims in Ireland. It is based on research, undertaken in connection with an MA in Mediation and Conflict Intervention at Maynooth University, during which eight solicitors working in the field of medical negligence shared their experience and perspectives on the use of mediation in this area. The research finds that mediation is in use but only as part of the convoluted litigation system and the style used is focused on the legal interests of the parties rather than any emotional needs. The Irish State has introduced some measures to facilitate the use of mediation but there is no coherent strategy and low public awareness. Legislative changes to streamline the litigation system are on the way, but if the parties’ needs and interests are to be served, a more facilitative, people-centred mediation style should be adopted, supported by a coherent, government sponsored, restorative justice strategy.

scholarly journals Legal Protection For Victims Of Traffic Violations That Lead To Death (Case Study On Police Traffic of Rembang)

2020 ◽  
Vol 2 (4) ◽  
pp. 485
Author(s):  
Hengki Irawan ◽  
Sri Endah Wahyuningsih ◽  
Jawade Hafidz
Keyword(s):  
Restorative Justice ◽  
Human Resource Development ◽  
Human Resource ◽  
Public Awareness ◽  
Legal Protection ◽  
Resource Development ◽  
High Tech ◽  
Legal Structure ◽  
Substantive Law ◽  
Traffic Rules

The purpose of this study is to know, shortly describe, analyze and assess the implementation, barriers, and the remedies to overcome obstacles in the legal protection for victims of traffic abuses resulting in death by Police Traffic of Rembang. The method used in this study, using a kind of sociological juridical research, analytical, descriptive, with data used are primary data and secondary data, and analyzed Qualitative. The results of this study are: (1) legal protection for victims of traffic abuses resulting in death by Police Traffic of Rembang preferably through peace settlement with restitution, (2) barriers in the legal protection for victims of terms: (a) the substance of the law: Act No.22 of 2009 and the Criminal Procedure Code has not been providing legal protection for victims and their families; (B) the legal structure: lack of personnel and infrastructure; and (c) the legal culture: the lack of public awareness; (3) the remedies to overcome these obstacles, in terms of: (a) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice. (A) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice. (A) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice.Keywords: Death; Victim; Traffic; Abuse; Legal Protection.

scholarly journals Justice on Turtle Island: Continuing the evolution of policing with First Nations, Métis and Inuit Peoples in Canada

2016 ◽  
Vol 1 (2) ◽  
pp. 44
Author(s):  
Robert (Bob) Chrismas
Keyword(s):  
First Nations ◽  
Restorative Justice ◽  
Social Innovation ◽  
Social Issues ◽  
Community Mobilization ◽  
Culturally Sensitive ◽  
Criminal Courts ◽  
Conflict Intervention ◽  
Inuit Peoples ◽  
The Relationship

The relationship between policing and Canada’s First Nations and Métis peoples has historically been strained, and these tensions continue trans-generationally. This social innovation paper explores the possibility of integrating two effective paradigms that might positively enhance the relationship between policing and First Nations, Métis and Inuit peoples of Canada. The first is increased multi-sectoral collaboration around social issues, based on proven models such as Prince Albert Saskatchewan’s community mobilization initiative. The second is finding culturally sensitive alternatives to criminal courts by diverting cases into restorative justice processes that resonate more closely with Indigenous beliefs. These approaches would focus more on restoring community balance than pitting adversaries against one another in the mainstream criminal courts. Proposed for consideration is widening the restorative justice circle to include multi-sectoral resources to reduce the chances of re-offending and enhance conflict intervention and resolution.

‘Liverpool’s temperance lesson to the nation’? The challenge of compensation

2018 ◽  
Author(s):  
David Beckingham
Keyword(s):  
The Social ◽  
Legislative Changes ◽  
New Guidelines ◽  
General Transport ◽  
Licensing Laws ◽  
The Way ◽  
Social Reformers

Liverpool’s approach to licensing was presented by the social reformers Joseph Rowntree and Arthur Sherwell as the limit of what could be achieved by acting within the frameworks providing by the existing licensing laws. This chapter situates their assessment against legislative changes and local challenges, looking at the way the Liverpool licensing bench responded to new guidelines in 1902 and 1904. The former empowered their work, progress largely achieved by issuing conditions on publicans at the time of the renewal of a licence. The latter, more controversially, mandated the introduction of compensation in instances where the magistrates cancelled a licence. These challenges were compounded in 1911 by a general transport strike and the return of sectarian tensions.

Understanding Intergroup Violence and Its Aftermath From Perpetrator and Victim Perspectives

2019 ◽  
pp. 157-192 ◽  
Author(s):  
Mengyao Li ◽  
Bernhard Leidner
Keyword(s):  
Restorative Justice ◽  
Large Scale ◽  
Intervention Strategies ◽  
Psychological Interventions ◽  
Collective Violence ◽  
Intergroup Emotions ◽  
Psychological Analysis ◽  
External Attribution ◽  
Perpetrators And Victims ◽  
Conflict Intervention

This chapter reviews and integrates the psychological literature on how members of perpetrator and victim groups perceive, evaluate, and respond differently to large-scale intergroup violence, as well as institutional and psychological interventions. Despite considerable interest in the psychological analysis of evil and victims of evil, the field’s understanding of collective violence has not yet arrived at a stage where perspectives of perpetrators and victims are well integrated and considered in tandem. This chapter therefore provides insights into the dynamics between perpetrators and victims of intergroup violence, covering topics such as internal and external attribution, harm perception, intergroup emotions, temporal distance, retributive and restorative justice, and various conflict intervention strategies. Furthermore, the authors discuss how social identity shapes involved parties’ divergent responses to violence. They argue that acknowledging the differences between victim and perpetrator groups’ perspectives is key to developing constructive responses to collective violence.

Restoring Restorative Justice: Beyond the Theology of Reconciliation and Forgiveness

2016 ◽  
Vol 10 (2) ◽  
pp. 247-271
Author(s):  
Yutaka Osakabe
Keyword(s):  
Restorative Justice ◽  
Public Debate ◽  
Social Significance ◽  
The Public ◽  
The Social ◽  
The Way

This article reconsiders the way in which theology of justice makes contributions to ongoing discussions on restorative justice (rj). rj has been a developing topic for decades around the globe. Although the idea and practice are generally valued, various problems also occurred during its development. I argue that these problems can be exacerbated by the ways in which some theologians talk about reconciliation and forgiveness; these Christian principles are sentimentalised. The discussion shows that Howard Zehr’s approach in Changing Lenses helps emphasise the social significance of theology of justice. Zehr makes a case for the significance of the acquisition of critical lenses against socially and individually established norms, which has not yet been fully incorporated in the theology of justice. A dialogue with Zehr can add new avenues to frame how theological traditions have a meaningful and feasible voice in the public debate and practice of rj.

Restorative youth detention: The way forward?

2020 ◽  
pp. 174889582097325
Author(s):  
Katherine Doolin
Keyword(s):  
Young People ◽  
Restorative Justice ◽  
Life Histories ◽  
Penal System ◽  
England And Wales ◽  
Complex Needs ◽  
The Way

This article explores a range of normative, conceptual and practical issues that arise from utilising restorative justice with young people in custody in England and Wales, and considers the appropriateness of doing so within the coercive and oppressive space that prison occupies. It is suggested that, while there are some clear benefits for victims and offenders, there is a need to proceed with caution. This is because children who are incarcerated are particularly vulnerable in addition to simply their age owing to the resilience required to survive a penal system that can be isolating and dangerous, as well as their often complex needs, and difficult life histories. This is also because there is a need to ensure that the process adheres to the ethos of restorative justice, and does not divert attention from the current problems within the youth secure estate or the pressing need to continue reducing child imprisonment.

Alfred Watson Memorial Lecture: Public and professional attitudes to risk

1988 ◽  
Vol 115 (2) ◽  
pp. 155-168
Author(s):  
Frederick Warner
Keyword(s):  
Pension Funds ◽  
Memorial Lecture ◽  
Medical Negligence ◽  
Professional Attitudes ◽  
Public Discussion ◽  
Chernobyl Disaster ◽  
The Subject ◽  
The Way

It is a privilege, Mr President, to be invited to lecture to your Institute, especially in commemoration of Alfred Watson who did so much to establish the firm foundations of your profession. These are of such detail and intricacy that you remain elite and hardly subject to the kind of challenges which more and more affect other professions. Perhaps your time will come as mutterings are heard about your valuations of pension funds and to whom they belong.The subject of this lecture tonight is the way in which risk has forced itself to the front of public discussion and finds the expression in comment almost every day, whether on the issue of vaccine damage to children, medical negligence, the Chernobyl disaster, landslides in Colombia or floods in Bangladesh.

scholarly journals The position of victims in Serbia: Criminal procedure and possibilities of restorative justice

Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 67-75 ◽  
Author(s):  
Vesna Nikolic-Ristanovic ◽  
Sanja Copic
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Support Service ◽  
Point Of View ◽  
The Other ◽  
Victim Support ◽  
The One ◽  
The Way

In the paper, the authors deal with the victim"s position in the criminal procedure, on the one hand side, and the possibilities of implementing restorative justice and its importance for the improvement of victim"s position in Serbia, on the other one. In the first part of the paper, the authors point out victim"s position within the criminal procedure and the noticed gaps, which are particularly reflected in insufficient paying attention to the victim and neglecting of his/her rights and needs. This is opposite to the strengthening of the rights of the accused party that characterizes societies, which are, as our society, on the way of democratization and improvement of human rights. In the second part of the paper, the authors analyze some solutions that introduce elements of restorative justice into our system of criminal response to crime, but from the victim"s point of view. Finally, the authors also point out some further steps that should be undertaken in order to improve the victim"s position, particularly emphasizing the place and role of victim support service, witness service and special facilities in the courts for victims/witnesses, possibilities of using victim-offender mediation before reporting the crime, or staring the prosecution, or as a part of the treatment in the prison etc.

Pembagian Warisan terhadap Anak Perempuan di Mandailing Natal

2020 ◽  
Vol 3 (1) ◽  
pp. 69-81
Author(s):  
Nindi Aliska Nasution
Keyword(s):  
Islamic Law ◽  
Public Awareness ◽  
Civil Law ◽  
Family Members ◽  
Common Factors ◽  
Empirical Approach ◽  
Property Inheritance ◽  
The Way

This article aims to determine the implementation of property inheritance to daughters in Tanjung Mompang Panyabungan Utara Mandailing Natal and the factors that cause people to choose the way in the distribution of inheritance. This article uses a juridical-empirical approach. The results of this research shows that the distribution of inheritance done traditionally due to the lack of public awareness about Islamic civil law particularly about inheritance. It becomes the most fundamental factors causing disputes and injustice among family members because the inheritance were distributed not in accordance with Islamic law. Religious and education factors are two common factors that determine the distribution of inheritance. Low understanding of Islamic law and inheritance knowledge are the cause of this case.

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