scholarly journals The Role of Public Policy in the Enforcement of Foreign Custody Judgments: An Example of Joint Custody in Turkish Law

2020 ◽  
Vol 12 (5) ◽  
pp. 2060
Author(s):  
Arzu Alibaba ◽  
Emine Kocano Rodoslu
Keyword(s):  
Public Policy ◽  
Psychological State ◽  
Basic Unit ◽  
Joint Custody ◽  
The Public ◽  
Foreign Law ◽  
The Family ◽  
Sole Custody ◽  
International Conventions

Societies transfer their basic values to new generations through child custody within the family. Therefore, bringing up children in healthy families is beneficial to society. Despite the importance of maintaining the sustainability of the family, which is the basic unit of society, when family sustainability is not possible, a basic duty of the courts must be to provide the best custody model for the welfare of the child after the dissolution of a marriage. Studies have shown that children have a better psychological state and can more easily overcome the trauma of divorce when the courts rule for joint custody than when the courts rule for sole custody. Joint custody, provided for in many legal systems, is not regulated in Turkish law. Thus, requests for the enforcement of foreign joint custody judgments are rejected by Turkish courts for violating public policy. Turkish courts incorrectly consider foreign law, which provides different rules, as grounds for public policy intervention. In this study, it is found that Turkish courts can rule for joint custody by depending on international conventions. Within this framework, it is not possible to reject the enforcement of foreign joint custody judgments by depending on the public policy exception.

Social versus Private Insurance

2018 ◽  
Author(s):  
Pierre Pestieau ◽  
Mathieu Lefebvre
Keyword(s):  
Social Insurance ◽  
Private Insurance ◽  
Population Ageing ◽  
Fiscal Competition ◽  
Public Insurance ◽  
The Public ◽  
Social Risks ◽  
The Family ◽  
Private And Public

This chapter looks at the role of the public versus the private sector in the provision of insurance against social risks. After having discussed the evolution of the role of the family as support in the first place, the specificity of social insurance is emphasized in opposition to private insurance. Figures show the extent of spending on both private and public insurance and the chapter presents economic reasons to why the latter is more developed than the former. Issues related to moral hazard and adverse selection are addressed. The chapter also discusses somewhat more general arguments supporting social insurance such as population ageing, unemployment, fiscal competition and social dumping.

scholarly journals A Content Analysis of Public Policy Design and Implementation in Slovenia: Weighing Strategic and Normative Factors

2021 ◽  
pp. 70-88
Author(s):  
Žiga KOTNIK ◽  
Dalibor STANIMIROVIĆ
Keyword(s):  
Public Policy ◽  
Content Analysis ◽  
Policy Design ◽  
Policy Cycle ◽  
Structured Interviews ◽  
The Public ◽  
Design And Implementation ◽  
Strategic Factors ◽  
Normative Factors

"Policy processes are complex systems and require an in-depth and comprehensive analysis. Especially, factors that affect public policy design and implementation, as two important stages of the public policy cycle, have not been sufficiently explored. The aim of the paper is to analyze the relationship between two critical factors that influence the design and implementation of public policies in the case of Slovenia, namely strategic factors and normative factors, and offer a basis for comparison with similar countries. Based on twenty-two structured interviews with prominent public policy experts in Slovenia and content analysis of the responses, the findings reveal that, although strategic factors are identified by the interviewees as the most critical, the role of normative factors is also important and should not be underestimated. For various reasons, in practice, normative factors often turn out to be crucial."

scholarly journals Interaction of school, family, and community in the spiritual and moral education of children and youth in Ukraine

2019 ◽  
Vol 1 (I) ◽  
pp. 249-260
Author(s):  
Марія ФЛЯК
Keyword(s):  
Moral Education ◽  
Children And Youth ◽  
Final Decision ◽  
Children And Young People ◽  
The Public ◽  
Theory Of Education ◽  
Christian Morality ◽  
The Family ◽  
Universal Values

The author highlights the role of the school, family and the public in the spiritual and moral education of children and young people in particular and in the formation of personal children in general. It is substantiated that the interaction of school, family and the public contributes to the efficiency of education of the younger generation of the state. The problems of spiritual and moral upbringing faced by the family, the school, the public and the theory of education in general, require an immediate solution, no change or correction of some provisions, but a cardinal, final decision on the basis of Christian morality and eternal universal values.

Geographers and sexual difference: feminist contributions

2003 ◽  
Author(s):  
Linda McDowell
Keyword(s):  
Social Life ◽  
Power Relations ◽  
Sexual Difference ◽  
Daily Lives ◽  
Men And Women ◽  
Geographical Knowledge ◽  
The Public ◽  
The Family ◽  
Definition Of

Divisions based on the assumption that men and women are different from one another permeate all areas of social life as well as varying across space and between places. In the home and in the family, in the classroom or in the labour market, in politics, and in power relations, men and women are assumed to be different, to have distinct rights and obligations that affect their daily lives and their standard of living. Thirty years ago, there were no courses about gender in British geography departments. This chapter discusses the challenges to geographical knowledge, and to the definition of knowledge more generally, that have arisen from critical debates about the meaning of difference and diversity in feminist scholarship. It examines a number of significant conceptual ideas, namely: the public and the private; sex, gender and body; difference, identity and intersectionality; knowledge; and justice. Finally, it comments on the role of feminism in the academy as a set of political practices as well as epistemological claims.

The Lex Fori

2019 ◽  
pp. 172-194
Author(s):  
Adrian Briggs
Keyword(s):  
Public Policy ◽  
United Kingdom ◽  
International Law ◽  
Private International Law ◽  
English Court ◽  
Conflict Of Laws ◽  
The United Kingdom ◽  
Foreign Law ◽  
The Law

This chapter examines of the role of the lex fori in English private international law before proceeding to examine the rules of the conflict of laws applicable in an English court. Issues for which the rules of the conflict of laws select the lex fori as the law to be applied include grounds for the dissolution (as distinct from nullity) of marriage, even if the marriage has little or nothing to do with the United Kingdom; or settlement of the distribution of assets in an insolvency even though there may be significant overseas elements. Where the rules of the conflict of laws select a foreign law, its application, even though it is proved to the satisfaction of the court, may be disrupted or derailed by a provision of the lex fori instead. The remainder of the chapter covers procedural issues; penal, revenue, and public laws; and public policy.

The role of the Market in Career Counselling Delivery

1997 ◽  
Vol 6 (3) ◽  
pp. 29-34 ◽  
Author(s):  
Anthony G. Watts ◽  
Tony Watts
Keyword(s):  
Public Policy ◽  
Career Guidance ◽  
Career Counselling ◽  
New Right ◽  
Market Maker ◽  
Guidance Services ◽  
The Public ◽  
The Uk ◽  
And Training

This article explores the roles of public policy in career guidance delivery. Traditionally, most career guidance services have been structured towards the provision of social welfare to the public sector. The New Right critique of this has led to attempts to apply market principles to guidance delivery. This can take the form of a market or quasi-market in guidance. However, guidance can also be viewed as a market-maker: a means of making the labour market and education and training markets work more effectively. Some experiments in applying these principles in the UK and elsewhere are analysed.

scholarly journals Priority Setting as A Double-Edged Sword: How Modernization Strengthened the Role of Public Policy

2020 ◽  
Vol 16 (4) ◽  
pp. 435-487
Author(s):  
Or Brook
Keyword(s):  
Public Policy ◽  
Priority Setting ◽  
Competition Law ◽  
Common View ◽  
The Public ◽  
Eu Competition Law ◽  
National Competition ◽  
Policy Objectives ◽  
Detrimental Impact

Abstract This article questions the common view that the modernization of EU competition law has removed public policy considerations from the public enforcement of Article 101 TFEU. Based on a large quantitative and qualitative database including all of the Commission’s and five national competition authorities’ enforcement actions (N ≈ 1,700), it maintains that modernization has merely shifted the consideration of public policy from the substantive scope of Article 101(3) TFEU to procedural priority setting decisions. Instead of engaging in a complex balancing of competition and public policy considerations, the competition authorities have simply refrained from pursuing cases against anticompetitive agreements that raise public policy questions or settled those cases by accepting negotiated remedies. This outcome, the article claims, is a double-edged sword. The Commission’s attempt to narrow down the scope of Article 101(3) as part of modernization has not eliminated the role of public policy in the enforcement. Rather, undertakings can reasonably assume that restrictions of competition that produce some public policy objectives will not be enforced, even if they do not meet the conditions for an exception. These discretionary nonenforcement decisions have a detrimental impact on the effectiveness, uniformity, and legal certainty of EU competition law enforcement. JEL: K21, K230

scholarly journals Masculinities and Animal Harm

2020 ◽  
Vol 23 (5) ◽  
pp. 908-926
Author(s):  
Angus Nurse
Keyword(s):  
Public Policy ◽  
Organized Crime ◽  
Policy Response ◽  
Animal Abuse ◽  
Cultural Significance ◽  
Negative Attitudes ◽  
The Public ◽  
Offending Behavior

This paper explores the role of masculinities in animal harm and conceptions on the Masculinities Offender, primarily motivated by power and masculine behaviors. Within “masculinities crimes,” the exercise of power allied to sport or entertainment is significantly linked to organized crime and gambling. Masculinities crimes also include elements of cruelty or animal abuse and perceptions by offenders of their actions having cultural significance, and where toughness, masculinity, and smartness combine with a love of excitement. Examples include badger digging, badger baiting, cock-fighting, and other crimes involving the “sporting” killing or taking of wildlife.  This article explores masculinities offender rationalizations and associated masculinity-based negative attitudes towards animals and animal harm. The public policy response to masculinities crimes reflects acceptance of the violent nature of offenders. Yet arguably enforcement and punishment through use of surveillance activities and undercover operations, and reliance on prison as the primary deterrent/sanction risks being counter-productive and reinforcing the very masculinities that underlie offending behavior.

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