Hexa-Dimension Metric, Ethical Matrix, and Cybersecurity

2021 ◽  
pp. 411-427
Author(s):  
Wanbil William Lee
Keyword(s):  
Chronic Disease ◽  
Data Protection ◽  
Status Quo ◽  
Vicious Circle ◽  
Ethical Matrix ◽  
Key Concepts ◽  
The Status ◽  
The Law ◽  
Chronic Problem ◽  
Tripartite Relationship

Exorbitant spending on cybersecurity continues; hacking proliferates and continues with the aftermath getting more and more damaging, yet data protection must helplessly continue. This is attributable to a vicious circle and culminates in something akin to a chronic disease, aptly called a “chronic problem of data protection.” The situation is complicated by a tripartite relationship, called the “Law-Security-Ethics Connection,” and exacerbated by a muddled view of the key concepts, notably ethics, privacy, and risk, which hinders a wholesome appreciation of the problem. Given the status quo, an ethics-based framework was perceived and developed aiming to lessen the incidence of hacking or make hacking exasperate to mitigate rather than eradicate because hacker-free cyberspace is unrealistic and impossible. This chapter aims to introduce a remedy successively through an exposition of the symptom and cause of the problem, clearing the muddle, and an illustration of the tools: Ethical Matrix and Hexa-Dimension Metric using the Octopus Saga.

scholarly journals When Courts do Politics: Public Interest Law and Litigation in East Africa by J Oloka- Onyango

2018 ◽  
Vol 3 (1) ◽  
pp. 107-116
Author(s):  
Melissa Mungai
Keyword(s):  
East Africa ◽  
Public Interest ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Status Quo ◽  
Public Interest Law ◽  
The Status ◽  
The Law ◽  
The Relationship ◽  
The Waves

An all-too-simplistic appreciation of the relationship among the three arms of government should be excluded in order to get the gist of Oloka’s writing. He pulls apart the idea that courts simply interpret the law, keeping off from legislative and executive duties. Instead, the author introduces the notion that courts are not insulated from the ‘waves of politics’. In this regard, he invites scrutiny of their powers: of judicial review, to declare a law invalid, to appoint and vet judges, and to interpret the constitution. These defy a purist understanding of the classical separation of powers theory which holds that ‘judges should just judge’ and in this sense avoid upsetting the status quo.

Past, Present and Future of the International Law of Transboundary Aquifers

2011 ◽  
Vol 13 (3) ◽  
pp. 209-222 ◽  
Author(s):  
Kerstin Mechlem
Keyword(s):  
International Law ◽  
Status Quo ◽  
Water Law ◽  
The Status ◽  
The Law ◽  
The 1960S ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

AbstractThe article discusses the development of international groundwater law from the first codification efforts of modern water law until present and raises relevant issues for the way forward. It first traces international groundwater law from the 1960s until the end of the last century. It then reviews the growing attention groundwater has received during the last decade and third discusses the status quo. It places particular emphasis on the 2008 Draft Articles on the Law of Transboundary Aquifers adopted by the International Law Commission and the legal arrangements made for five of the 273 transboundary aquifers. It concludes with thoughts on the way forward in this important and understudied area of international law.

The Police Scandal Syndrome

1964 ◽  
Vol 10 (3) ◽  
pp. 269-275 ◽  
Author(s):  
John E. Ingersoll
Keyword(s):  
Public Interest ◽  
Status Quo ◽  
Public Confidence ◽  
Police Leadership ◽  
Large Measure ◽  
The Public ◽  
Management Ability ◽  
The Status ◽  
The Law ◽  
High Standards

Police scandals have shocked public conscience, have produced public outcry, and have diminished public confidence in those to whom it looks for protection. But all the tumult has done nothing to relieve the same public from its share of the responsi bility. True, in those few communities visited by clouds of scan dal, police leadership must accept its responsibility for its lack of management ability, failure to control personnel, and failure to safeguard the public interest vested in their agencies. But the public also has failed in large measure to recognize and acquit its own responsibility in the process of obtaining justice. When police leadership does not select men on the basis of quality instead of quantity and does not educate neophytes and veterans in the ideals, philosophies, ethics, and techniques of police serv ice, the public has failed to demand high standards. Where vice, corruption, and scandals have prevailed, the public has failed to demonstrate its intolerance of conditions inimical to its safety. Where the police have failed to improve the law enforce ment image and articulate needs adequately, the public, con tent with the status quo, has usually failed to invite such action. The public and the police alike must be aware of their responsi bilities and together be intolerant of what ought not to be.

scholarly journals Invincible or Just a Flesh Wound? The Holy Grail of Scots Law

2014 ◽  
Vol 14 (1) ◽  
pp. 2-14 ◽  
Author(s):  
Hector MacQueen
Keyword(s):  
Legal System ◽  
Status Quo ◽  
Holy Grail ◽  
Legislative Reform ◽  
Current State ◽  
The Status ◽  
The Law ◽  
Scottish Independence

AbstractThis paper, by Hector MacQueen, assesses the current state of Scots law and the Scottish legal system, arguing that as a small legal system which cannot be self-contained it is inevitably in a state of crisis, from which, however, it will not be rescued by Scotland becoming independent.* Whatever happens after the referendum concerning Scottish Independence on 18 September 2014, the law is in need of active legislative reform, possibly codification, while the courts must become more positive in the attraction of business rather than, as it sometimes seems, seeking to push it away. Mere defence of the status quo will end in disablement and defeat.

Working animals’ rights: A disruption to the status quo

2017 ◽  
Vol 42 (2) ◽  
pp. 130-136
Author(s):  
Rosemary Shaw
Keyword(s):  
Health And Safety ◽  
Status Quo ◽  
Critical Reading ◽  
The Status ◽  
Work Health ◽  
Inclusive Approach ◽  
Contemporary Work ◽  
The Law

This article presents a thought project on how the law ought to treat working animals. The author argues that work health and safety legislation needs to take a fresh, contemporary and inclusive approach which challenges our anthropocentric mentality and recognises those animals that contribute to our economy through work. A critical reading of key sections of Australia’s model work health and safety legislation, as a representative example of contemporary work health and safety law, supports the contention working animals should be included as ‘workers’ under such laws.

scholarly journals NALAR EKOFEMINISME DALAM PEMIKIRAN HUKUM WARIS M. QURAISH SHIHAB

2021 ◽  
Vol 2 (1) ◽  
pp. 1-19
Author(s):  
Umar Ali ◽  
Ridho Ridho
Keyword(s):  
Gender Equality ◽  
Gender Inequality ◽  
Status Quo ◽  
Sacred Text ◽  
Inheritance Law ◽  
Men And Women ◽  
The Status ◽  
The Law

The focus of the study in this paper is M. Quraish Shihab's thoughts in the field of inheritance law. M. Quraish Shihab's (hereinafter referred to as Shihab) thought deserves to be appointed as a target study in relation to his views on gender equality. In various published writings, especially in his book entitled "Women: from Love to Sex, from the Mut'ah Marriage to the Sunnah Marriage, from the Old Bias to the New Bias", it is very clear how Quraish tried to get out of the mainstream of "right" thinking. who want to lock up women in domestic sectors as well as "left" thinking that tends to go too far in understanding equality between men and women, in other words, Shihab is classified as a moderate thinker in the study of gender equality. That is the conclusion of several studies examining Shihab's thoughts. In contrast to these conclusions, this article concludes that Shihab can actually be classified as an eco-feminist who tries to maintain the status quo of gender inequality that is being sued by feminists. This can be seen very well in Shihab's rejection of feminist claims about equality in quantity in the distribution of inheritance between men and women, which in the sacred text is stated as two to one. For Shihab, the provisions in the distribution of inheritance are final because the details about the law of inheritance are closed with a firm statement "that is the limits of Allah" and a series of other arguments expressed by Shihab. This issue will be presented in the following descriptions so as to reinforce the above conclusions.

scholarly journals IJTIHAD ‘UMAR IBN AL-KHAṬṬĀB DALAM PERSPEKTIF HUKUM PROGRESIF

Al-Ahkam ◽  
2016 ◽  
Vol 26 (1) ◽  
pp. 49
Author(s):  
Tasnim Rahman Fitra
Keyword(s):  
Comparative Method ◽  
Legal Reform ◽  
Status Quo ◽  
Fundamental Difference ◽  
The Status ◽  
The Subject ◽  
The Law ◽  
The Times

<p>This article aims to describe ijtihad ‘Umar ibn al-Khaṭṭāb that have unique characteristics. The ijtihād of ‘Umar was based on the Qur'an and hadith, and the example of salaf al-ṣāliḥīn. The understanding of the naṣ is done by ‘Umar contextually, so as to produce ideas that suit with the needs of ummat and fair. With the comparative method, this paper further compares the ijtihād of ‘Umar with the concept of Progressive Law initiated by Satjipto Rahardjo because of their similar characteristics. The paradigm of Progressive Law is that the law solely to humans, so the law must be present for human’s maṣlaḥat. It’s also reject the status quo in the law. Between the ijtihad of ‘Umar and the Progressive laws in general have similar characteristics, both in terms of interest and the position of man as the subject of law. They are also similar in terms of potential legal reform in accordance with the times, change of venue, and the socio-historical conditions. The fundamental difference of both lies in the meanings of maṣlaḥat and the maṣlaḥat standardization.</p><p><strong><br /></strong></p><p>Artikel ini bertujuan untuk mendiskripsikan ijtihad ‘Umar ibn al-Khaṭṭāb yang memiliki karakteristik yang unik. Ijtihad ‘Umar didasarkan pada al-Qur’an dan hadis, dan apa yang<br />dicontohkan orang saleh sebelumnya. Pemahaman terhadap naṣ oleh ‘Umar dilakukan secara kontekstual, sehingga menghasilkan produk pemikiran yang sesuai dengan kebutuhan ummat dan adil. Dengan metode komparatif, tulisan ini selanjutnya membandingkan ijtihad ‘Umar dengan konsep hukum Progresif yang digagas oleh Satjipto Rahardjo karena dinilai memiliki kesamaan karakreristik. Hukum Progresif memiliki paradigma bahwa hukum semata-mata untuk manusia, sehingga hukum harus hadir demi kebaikan manusia dan menolak adanya status quo dalam hukum. Analisis terhadap keduanya menghasilkan pemahaman bahwa antara ijtihad ‘Umar dan hukum Progresif secara umum memiliki kesamaan karakteristik, baik dari segi tujuan maupun posisi manusia sebagai yang dikenai hukum. Mereka juga sama dalam hal potensi pembaharuan hukum sesuai dengan perkembangan zaman, perubahan tempat, dan kondisi sosio-historis. Perbedaan mendasar pada keduanya yaitu makna maslahat dan<br />standarisasi maslahat yang menjadi landasan.</p>

scholarly journals Pemikiran Hukum Progresif untuk Perlindungan Hukum dan Kesejahteraan Masyarakat Hukum Adat

2021 ◽  
Vol 18 (1) ◽  
pp. 112
Author(s):  
Made Oka Cahyadi Wiguna
Keyword(s):  
Legal Protection ◽  
Status Quo ◽  
The State ◽  
Conceptual Approach ◽  
The Status ◽  
Approach Method ◽  
The Law ◽  
Customary Land

Today there are still many problems with the existence and traditional rights of indigenous and tribal peoples. These problems tend to place the indigenous and tribal peoples in a weak and marginalized position. Not without reason, it is due to the unequal perception of all related parties, in positioning customary land and indigenious peoples in the context of national and state life based on Pancasila and the Constitution. The issue that will be discussed in this paper is about how to realize progressive legal protection of the existence of indigenous and tribal peoples to realize their welfare. This paper will use the conceptual approach method, namely the Pancasila concept as a source of ideas in providing legal protection to indigenous and tribal peoples. Furthermore, it also uses a conceptual approach from thought of progressive law. The existence of the status quo in providing legal protection to indigenous and tribal peoples which tends to be static, conditional and legalistic which has been done so far. Legal protection is more concerned with how the criteria regarding indigenous and tribal peoples will be recognized. The state should have dared to make policy and legal breakthroughs to provide legal protection based on guidance and empowerment. These policy and legal breakthroughs can refer to thougt of progressive law, which positions the law for humans with the aim of providing justice, welfare and happiness for indigenous and tribal peoples based on Pancasila and the Constitution.

remedies which the law provides for breach of contract supposedly serve to place the party not in breach in the position he would have been in had the promise been performed. In contrast, many reliance based obligations arise by operation of law through the medium of tortious duties to exercise reasonable care. Here the basis of any award of damages is to return the injured party to the position he was in before the defendant’s wrong was committed. As such, the interest protected is not one of expectation of performance, but instead the status quo interest – the claimant is compensated so as to restore the status quo before the defendant committed his wrong. While many reliance based obligations do involve the protection of the status quo interest, it should not be assumed that this is always the case. In particular, it should not be assumed that expectations of performance are entirely irrelevant where a promisee has reasonably relied upon the promise of the other party. Statements other than purely contractual promises are also capable of engendering expectations in another person. Much of the difficulty associated with identifying the interest protected when promises which induce reliance are enforced arises from the view in Combe v Combe that the doctrine of promissory estoppel operates as a shield rather than as a sword. However it has been seen that there may be circumstances in which the courts may allow certain varieties of estoppel to be used as a means of creating new rights where none previously existed, so as to adequately protect the equity raised in favour of the promisee resulting from his reasonable reliance on the promise of the other party. Thompson identifies the main arguments in support of the view that reliance upon a non-contractual promise may now protect the promisee’s expectation interest:

1995 ◽  
pp. 212-213
Keyword(s):  
Status Quo ◽  
The Other ◽  
Breach Of Contract ◽  
Reasonable Care ◽  
The Status ◽  
Injured Party ◽  
The Law

scholarly journals Hukum Progresif dari Satjipto Rahardjo

2018 ◽  
Vol 1 (1) ◽  
pp. 159-185
Author(s):  
M. Zulfa Aulia
Keyword(s):  
Law Enforcement ◽  
Status Quo ◽  
Application Of Law ◽  
Legal Thought ◽  
Legal Problems ◽  
Legal Texts ◽  
The Status ◽  
The Law

This article attempts at discussing the so called Hukum Progresif (the Progressive Law), a legal thought indtroduced by Satjipto Rahardjo. The idea was beckgrounded with the concerns about the macro application of law in Indonesia, including after the 1998 reforms, which seemed to have failed to meet its ideal direction, namely to make people prosper and happy. What happens with law-enforcement is a downturn and decline, among others seen in the judicial mafia, commercialization, and commodification of the law. To overcome such circumstances, according to Satjipto Rahardjo with hukum progresif, the punishment method must dare to break out of conventional ways and the status quo. The legal texts that have been prioritized should be regarded as being destined for humans and humanity. Law actors must dare to interpret legal texts by freeing themselves from the logic of the law alone, making the leap, so that problems in a dynamic society can be answered and resolved by “containers of static law”. This article shows that the hukum progresif can be a panacea in solving corruptive legal problems due to the limitations and attachments of legal texts, with the requirements of law actors behaving well. However, the mention of hukum progresif in the judgment or the determination of the law of a particular case is also very vulnerable to cause its own problems because it can be pinned speakers arbitrarily to identify the punishment which (as long as it is) out of the text of the law. Abstrak Artikel ini mendiskusikan Hukum Progresif, sebuah gagasan atau pemikiran hukum yang diperkenalkan Satjipto Rahardjo. Gagasan tersebut bermula dari keprihatinan terhadap kehidupan berhukum secara makro di Indonesia termasuk setelah reformasi 1998 yang tidak beranjak ke arah yang ideal, yaitu menyejahterakan dan membahagiakan rakyatnya. Apa yang terjadi dengan kehidupan berhukum justru suatu keterpurukan dan kemunduruan, antara lain terlihat pada mafia peradilan, komersialisasi, dan komodifikasi hukum. Untuk mengatasi keadaan demikian, menurut Satjipto Rahardjo dengan hukum progresifnya, maka berhukum harus berani keluar dari cara-cara konvensional dan status quo. Teks hukum yang selama ini didewakan harus dianggap sebagai sesuatu yang diperuntukkan untuk manusia dan kemanusiaan. Para pelaku atau aktor hukum harus berani menafsirkan teks hukum dengan membebaskan diri dari logika hukum semata, melakukan lompatan, agar persoalan di masyarakat yang bergerak secara dinamis dapat dijawab dan diselesaikan dengan “wadah hukum yang statis”. Artikel ini menunjukkan, hukum progresif bisa menjawab persoalan hukum yang karut-marut disebabkan keterbatasan dan keterikatan teks hukum, dengan catatan para aktor hukumnya berperilaku baik. Namun begitu, labelisasi berhukum sebagai hukum progresif rentan menimbulkan persoalan tersendiri disebabkan bisa disematkan penuturnya secara mudah dan sembarangan untuk mengidentifikasi putusan atau penetapan hukum kasus tertentu yang (asalkan saja) keluar dari teks hukum.

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