scholarly journals Climate wars and fat wars: A new role for law

2017 ◽  
Vol 13 (1) ◽  
Author(s):  
Irma J. Kroeze
Keyword(s):  
Empirical Research ◽  
Legal Education ◽  
Climate Science ◽  
Public Trust ◽  
Legal Action ◽  
Nutrition Science ◽  
Political Interests ◽  
Methodological Difference ◽  
Disciplinary Procedures ◽  
Legal Processes

Public trust in science is eroding because of a number of conflicts. In the sphere of climate science and of nutrition science, a basic methodological difference between scientists has escalated into what can be called wars. These wars are the result of influences such as personalities of leading scientists and powerful commercial and political interests. The wars have escalated to such an extent that leading scientists are being threatened with legal action and disciplinary procedures for advocating divergent views. These legal processes are not primarily about the procedural aspects of their actions, but are couched as being ‘about the science’. This means that legal processes are being used to ‘settle’ the science – something that the law has never been required to do. This new role for law has implications for legal education and requires that lawyers become more capable to understand empirical research.

scholarly journals Interfering Busybody or Public-Minded Citizen? The Actio Popularis as a Model for Reform of the Rules of Standing in Constitutional Cases in Australia

2018 ◽  
Vol 11 (1) ◽  
pp. 62
Author(s):  
Bede Xavier Harris ◽  
Elizabeth Pearl Harris
Keyword(s):  
John Rawls ◽  
Current Approach ◽  
Roman Law ◽  
Legal Action ◽  
Personal Interest ◽  
Theory Of Justice ◽  
Political Interests ◽  
Taking Action ◽  
The Ideal ◽  
The Way

The interpretation given by the courts to the word ‘matter’ in sections 75 and 76 of the Commonwealth of Australia Constitution, and the restrictive approach taken by the courts to what amounts to a sufficient interest in a matter, have led to the consequence that only litigants who can demonstrate a personal interest can bring an action to challenge a breach of the Constitution. This provides insufficient protection for constitutionalism because it means that the enforcement of the Constitution is contingent on there being a self-interested applicant who will bring an action – and, conversely, creates the risk that breaches of the Constitution will be allowed to stand in cases where those who do have standing find it in their political interests to refrain from taking action. With its focus on personal interest, the current approach excludes the altruistic applicant and runs counter to the theory that all citizens have a right to ensure that the Constitution is complied with. This paper examines the way in which the actio popularis of Roman law served the ideal of the engaged citizen by enabling citizens to initiate legal action to enforce public duties, and how modern equivalents of the actio in a number of jurisdictions achieve the same purpose. The paper draws on John Rawls’ theory of justice in arguing for reform of the law on standing in Australia so as to confer open standing in constitutional cases.

Alternatives to “Legalization”: Richer Views of Law and Politics

2001 ◽  
Vol 55 (3) ◽  
pp. 743-758 ◽  
Author(s):  
Martha Finnemore ◽  
Stephen J. Toope
Keyword(s):  
Empirical Research ◽  
Social Practice ◽  
International Institutions ◽  
World Politics ◽  
International Organization ◽  
Social Phenomenon ◽  
Law And Politics ◽  
Legal Rationality ◽  
Legal Processes

The authors of “Legalization and World Politics” (International Organization, 54, 3, summer 2000) define “legalization” as the degree of obligation, precision, and delegation that international institutions possess. We argue that this definition is unnecessarily narrow. Law is a broad social phenomenon that is deeply embedded in the practices, beliefs, and traditions of societies. Understanding its role in politics requires attention to the legitimacy of law, to custom and law's congruence with social practice, to the role of legal rationality, and to adherence to legal processes, including participation in law's construction. We examine three applications of “legalization” offered in the volume and show how a fuller consideration of law's role in politics can produce concepts that are more robust intellectually and more helpful to empirical research.

scholarly journals Yurisdiksi Negara dalam Pencegahan dan Pemberantasan Illegal Fishing di Indonesia

2019 ◽  
Vol 6 (1) ◽  
pp. 50
Author(s):  
Halimatul Maryani
Keyword(s):  
Natural Resources ◽  
Empirical Research ◽  
Qualitative Data ◽  
Legal Action ◽  
Illegal Fishing ◽  
The Government ◽  
Sea Area

<h1>The purpose of this writing is to find out the jurisdiction of the regional jurisdiction, zone of national jurisdictions covering zones in the marine region, jurisdiction in relation to the utilization of natural resources for people's needs and efforts Government to prevent and eradicate perpetrators of fish theft (illegal fishing). Furthermore, to examine and analyze this research is by combining the normative and juridical juridical methods of empirical research with qualitative data. The result of the research is that illegal fishing issue is no longer a new thing to talk about, even more and more the day is growing and increasing both qualitatively and quantitatively with the form of crime increasingly Systematic conduct of these violations. Various efforts undertaken by the Government to prevent and eradicate perpetrators of fish theft (illegal fishing), among them is to supervise and protect the waters of ZEE, take strict legal action, Improve competence and empowerment of traditional fishermen, control of the sea area and so forth.</h1><p class="KataKunciInggris"> </p>

scholarly journals Climate Change and Law

2021 ◽  
Author(s):  
Margaret A Young
Keyword(s):  
Climate Change ◽  
International Law ◽  
Legal Education ◽  
Consumption Patterns ◽  
Legal Action ◽  
Law Schools ◽  
Address Climate Change ◽  
Production And Consumption ◽  
Domestic Law ◽  
Education And Law

Climate change is a global problem. This characterisation has major consequences for international law, domestic law and legal education. Drawing on legal developments, scholarship and pedagogy, this article has three main claims. First, it argues that lawyers dealing with climate change require proficiency across different areas of law, not just the law that seeks to limit greenhouse gas emissions. Secondly, to better understand how these areas of law fit together, and how they should fit together, the article points to relevant theories, including ideas relating to fragmentation and regime interaction within international law. Thirdly, the article examines ways in which legal education can encourage ethical and moral evaluations as well as strategic awareness, especially to ensure that legal action to address climate change does not perpetuate inequalities and injustice within the community of states. Legal education and law have important roles in mitigating climate change and in fostering a sensibility that recognises the unequal burdens between and within countries. In training the arbiters of global destiny, today’s law schools must continue to critique the law’s relationship with modern production and consumption patterns. 

scholarly journals Towards Designing a Validated Framework for Improved Clinical Legal Education: Empirical Research on Student and Alumni Feedback

2020 ◽  
Vol 23 ◽  
pp. 1-31
Author(s):  
Stephan Van der Merwe
Keyword(s):  
Social Justice ◽  
Empirical Research ◽  
Student Evaluation ◽  
Legal Education ◽  
The Body ◽  
Law Students ◽  
Access To Justice ◽  
Online Questionnaire ◽  
Implementation Framework ◽  
The University

The pedagogical advantages of employing a Clinical Legal Education (“CLE”) teaching and learning strategy have been acclaimed in literature for almost a century and it continues to be ideally suited to cater to modern education expectations. As an agent for social change, CLE offers law students an effective gateway to participate in, and be influenced by, fundamental social justice problems while it also improves access to justice for the indigent. Though the clinical literature is replete on expected benefits for clinical law students, very little (if any) verifiable empirical research, independently sourced and evaluated, has been published to assess the veracity of these claims in support of CLE. After receiving a funding grant from the University of Stellenbosch Fund for Innovation and Research into Learning and Teaching, the University of Stellenbosch Law Clinic appointed an independent, external agency to conduct empirical research through an extensive measure and evaluation exercise. The aim of the project was to source, document and analyse robust empirical research data about the Faculty of Law’s CLE module, Practical Legal Training 471. The project involved the sourcing and collation of formal student evaluation feedback reports spanning a period of nine years. Additional alumni and current student data were gathered either by online questionnaire or by telephonic interview. The research was aimed at eliciting quantitative as well as qualitative responses. The purpose of this article is to describe the applicable methodology and aims of the research project, to unpack and discuss the resulting empirical data, and to draw certain conclusions based on the findings of this research about CLE’s impact on law students’ experience specifically relating to their practice-readiness and social justice sensitivities. It is suggested that this research will prove both interesting and useful to law teachers involved in relevant programmes at other higher education institutions. The data and evidence detailed herein will assist them to conduct their research and to make substantiated recommendations for the development of CLE programs on a broader national and international level. This research will also add to the body of knowledge on students and student learning and allow for recommendations regarding the creation of a broader implementation framework for improved CLE.

scholarly journals Trust, legitimacy and deliberation: Empirical research and practical applications

2019 ◽  
Vol 62 (1) ◽  
pp. 103-118
Author(s):  
Andrija Soc
Keyword(s):  
Deliberative Democracy ◽  
Empirical Research ◽  
Interpersonal Trust ◽  
Public Trust ◽  
Educational Institutions ◽  
Institutional Trust ◽  
General Applicability ◽  
Practical Applications

In this paper I examine the analyses of the decline of interpersonal and institutional trust. I claim that, even though different explanations are partially on point, they still fail to clarify the existing problem and propose an adequate solution. In the last part of the paper I outline one possible solution for increasing the levels of public trust - implementing various elements of deliberative education within the existing educational institutions. In the end, I try to defend the conclusion that deliberative education is a necessary step toward raising the levels of institutional and interpersonal trust, and that, if so, this represents an argument in favor of the general applicability of deliberative democracy.

scholarly journals Trust and the ethical conduct of community-engaged research

2017 ◽  
Vol 5 (4) ◽  
pp. 522 ◽  
Author(s):  
Dmitry Khodyakov ◽  
Lisa Mikesell ◽  
Elizabeth Bromley
Keyword(s):  
Empirical Research ◽  
Public Trust ◽  
Ethical Conduct ◽  
Core Component ◽  
Community Partners ◽  
Scientific Rigor ◽  
Cultural Appropriateness ◽  
Community Engaged Research

Background: Community-engaged research (CEnR) emphasizes equal participation of academic and community partners in research and seeks to improve public trust in science. Unfortunately, there is a dearth of rigorous empirical research on trust as a core component of ethical conduct of CEnR. Drawing on data collected from a project on the ethics of CEnR, this paper discusses the benefits and risks of trust and uses the concept of embeddedness to explain how public trust in science may be increased. Argument: We argue that in developing and maintaining trust, partners must balance scientific rigor with community relevance and cultural appropriateness of research. They must strike a balance between working with the same limited pool of trusted partners, which can speed research but slow wider acceptance of science and extending their trust to new partners, which can broaden acceptance of science but slow research. Conclusion: Practitioners may facilitate the development of trust in science by gradually expanding the pool of partners they choose their collaborators from.

REGULATORY CONDITIONS OF FUNCTIONAL EFFICIENCY AND STABILITY OF ROAD TRANSPORT ENTERPRISES

2018 ◽  
Vol 73 ◽  
pp. 19-27
Author(s):  
Beata Majecka ◽  
Ewelina Mandera
Keyword(s):  
Literature Review ◽  
Empirical Research ◽  
Road Transport ◽  
Market Mechanism ◽  
Market Conditions ◽  
Functional Systems ◽  
Theoretical Literature ◽  
Operating Rules ◽  
Functional Efficiency ◽  
Legal Processes

The functioning of road transport enterprises is determined by external (legal processes and the market mechanism) and internal (a projection of regulatory principles set out in functional systems) factors. The aim of this study is therefore to identify legal and market conditions and internal operating rules of road transport enterprises in the context of their impact on their efficiency and durability. The paper is based on a theoretical literature review and a primary empirical research.

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