Advocacy knowledge as political-legal intervention

Author(s):  
Daniel Pateisky
Keyword(s):  
Author(s):  
J.S. Grewal

Master Tara Singh’s differences with the Congress Government in political matters began to emerge in 1948. In March 1948, the Akali legislators joined the Congress party in the legislature. Master Tara Singh underscored, nevertheless, that it was essential to preserve Sikh identity in religious, social, and political matters. The Akali Dal made it clear in October 1948 that the most effective safeguard for a minority was the right to choose its own representatives through separate electorates. In February 1949, Master Tara Singh emphasized that the root of all demands and all principles for the Sikhs was to have political power. Sardar Patel kept Master Tara Singh under detention for about eight months as a political prisoner under the Bengal Regulation III of 1818, which did not allow any legal intervention. His purpose was to settle all major Sikh issues without Master Tara Singh.


2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Christopher T Robertson ◽  
K Aleks Schaefer ◽  
Daniel Scheitrum ◽  
Sergio Puig ◽  
Keith Joiner

Abstract Economic insights are powerful for understanding the challenge of managing a highly infectious disease, such as COVID-19, through behavioral precautions including social distancing. One problem is a form of moral hazard, which arises when some individuals face less personal risk of harm or bear greater personal costs of taking precautions. Without legal intervention, some individuals will see socially risky behaviors as personally less costly than socially beneficial behaviors, a balance that makes those beneficial behaviors unsustainable. For insights, we review health insurance moral hazard, agricultural infectious disease policy, and deterrence theory, but find that classic enforcement strategies of punishing noncompliant people are stymied. One mechanism is for policymakers to indemnify individuals for losses associated with taking those socially desirable behaviors to reduce the spread. We develop a coherent approach for doing so, based on conditional cash payments and precommitments by citizens, which may also be reinforced by social norms.


2014 ◽  
Vol 19 (4) ◽  
pp. 370-383
Author(s):  
Gustavo Fondevila ◽  
Rodrigo Meneses Reyes

2021 ◽  
Vol 22 (2) ◽  
pp. 85-110
Author(s):  
Yuval Feldman ◽  
Yotam Kaplan

Abstract Law and economics scholarship suggests that, in appropriate cases, the law can improve people’s behavior by changing their preferences. For example, the law can curb discriminatory hiring practices by providing employers with information that might change their discriminatory preference. Supposedly, if employers no longer prefer one class of employees to another, they will simply stop discriminating, with no need for further legal intervention. The current Article aims to add some depth to this familiar analysis by introducing the insights of behavioral ethics into the law and economics literature on preference change. Behavioral ethics research shows that wrongdoing often originates from semi-deliberative or non-deliberative cognitive processes. These findings suggest that the process of preference change through the use of the law is markedly more complicated and nuanced than previously appreciated. For instance, even if an employer’s explicit discriminatory stance is changed, and the employer no longer consciously prefers one class of employees over another, discriminatory behavior might persist if it originates from semi-conscious, habitual, or non-deliberative decision-making mechanisms. Therefore, actual change in behavior might necessitate a close engagement with people’s level of moral awareness. We discuss the institutional and normative implications of these insights and evaluate their significance for the attempt to improve preferences through the different functions of the legal system.


1970 ◽  
Vol 14 (1) ◽  
Author(s):  
Linda Dickens

This article takes as its focus the labour legislation of the Conservative governments in Britain under Mrs. Thatcher since 1979. It locates the legislation in its broader context and examines three main prongs of what is seen as a legislative attack on the trade unions: the move away from collective industrial relations; the restricted terrain for lawful industrial action; and legal intervention in internal union affairs. The immediate impact, use of and response to this legislation is discussed and a broader question raised concerning whether, as well as having to adjust to the new legal framework, British trade unions are reappraising their attitude to the role of law in industrial relations more generally.


2019 ◽  
Vol 10 (2) ◽  
pp. 219
Author(s):  
Rina Rohayu H

Land given to and owned by people with rights provided by the UUPA is to be used and utilized. The granting and possession of land with these rights will not be meaningful if its use is limited to land as the surface of the earth. The land also has a significant role in the dynamics of development. According to the 1945 Constitution of the Republic of Indonesia NRI,  "earth and water are natural resources contained therein controlled by the state and used for the greatest prosperity of the people." This research uses a normative juridical approach that is research based on the rules / according to the law because this research focused on the use of document studies and literature or secondary data. The research specification used is descriptive-analytic, which describes the law of the land in the era of globalization based on local wisdom. The results of the study illustrate that the role of the land ruling state, which used for the prosperity of the people, is regulated under Law No. 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA).On the other hand, the globalization of law is nothing more than a legal intervention from developed countries towards developing countries in order to adjust their laws globally. One way to address the problem of globalization of land law is to reaffirm local wisdom. In other words, they are upholding the customary provisions related to land. Example: provisions of customary land. Customary land is communal land that is jointly owned and thus does not need to be certified.Keywords: globalization, land law, local wisdomABSTRAKTanah diberikan kepada dan dipunyai oleh orang dengan hak-hak yang disediakan oleh UUPA, adalah untuk digunakan dan dimanfaatkan. Diberikannya dan dipunyainya tanah dengan hak-hak tersebut tidak akan bermakna, jika penggunaannya terbatas hanya pada tanah sebagai permukaan bumi saja. Tanah juga mempunyai peranan yang besar dalam dinamika pembangunan. Undang-undang Dasar 1945 menjelaskan bahwa “Bumi dan air dan kekayaan alam yang terkandung didalamnya dikuasai oleh negara dan dipergunakan untuk sebesar-besar kemakmuran rakyat.” Penelitian ini menggunakan pendekatan yuridis normatif yaitu penelitian yang didasarkan kepada kaidah-kaidah/menurut hukum, oleh karena penelitian ini dititik-beratkan pada penggunaan studi dokumen dan bahan pustaka atau data sekunder. Spesifikasi penelitian yang digunakan adalah deskriptif analitis yang menggambarkan tentang hukum tanah di era globalisasi berdasarkan kearifan lokal. Hasil penelitian menggambarkan bahwa peran negara penguasa tanah yang digunakan untuk kemakmuran masyarakat diatur berdasarkan Undang-undang No. 5 tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria (UUPA). Disisi lain, globalisasi hukum tak lebih sebagai intervensi hukum dari negara maju terhadap negara berkembang agar menyesuaikan hukumnya secara global. Salah satu cara menyikapi persoalan globalisasi hukum tanah ini adalah dengan menegaskan kembali kearifan lokal. Dengan kata lain, menegakkan kembali ketentuan-ketentuan adat terkait dengan tanah. Misalnya ketentuan tanah ulayat. Tanah ulayat merupakan tanah komunal milik bersama, dengan demikian tidak perlu disertifikatkan.


Temida ◽  
2011 ◽  
Vol 14 (4) ◽  
pp. 21-36
Author(s):  
Jovan Ciric

In the nineties of the last century it was noticed in the U.S.A. that suddenly the number of crimes with violence in the inter-racial and inter-ethnical conflicts rose. Also the phenomenon of ignition of churches, religious and sacral objects, especially in the south of the U.S.A., objects which were used by black people, was recorded. Directly in relation to that - the term ?hate crimes? then arose in science and became outspread very quickly, primarily in criminology. Several events, and above all the murder of a young homosexual in Wyoming influenced for both the violence and the crimes commited towards the homosexuals and all due to the prejudices towards this sexual minority to be included in this term. Today, this term is used not only in the U.S.A. and not only in a criminological sense, but also in a purely legal sense to denote the crimes which were carried out under the influence of hate towards a correspondent racial, ethnical or sexual minority. This term is linked also to the terminology and thus the problems which are related to the ?hate speech?. The author of this paper writes about how this term arose in the first place and which problems emerge related to hate crimes and primarily in relation to the issues of expansion of democracy and tolerance, and also education, primarily among the police force and the young population. The author also ascertains that only with the law, no great effects in the battle against this phenomenon can be achieved and that before the criminal-legal intervention some other measures have to be approached, like the creation of an atmosphere of tolerance and the education of the citizens about the phenomenon of hate crimes.


2015 ◽  
Vol 32 (13) ◽  
pp. 1921-1942 ◽  
Author(s):  
Christine Agnew-Brune ◽  
Kathryn E. (Beth) Moracco ◽  
Cara J. Person ◽  
J. Michael Bowling

Approximately one in three women in the United States experience intimate partner violence (IPV). IPV is associated with long-term negative health consequences; therefore, there is a need to examine potential prevention strategies. Evidence suggests that domestic violence protective orders (DVPOs), a legal intervention that prevents contact between two parties for up to 12 months, are an effective secondary prevention tool. However, because judges have relative autonomy in granting or denying DVPOs, research is needed to examine the processes they use to guide their decisions. The aim of the study was to investigate how District Court judges decide whether to issue a DVPO. Using in-depth interviews with 20 North Carolina District Court judges, the present study addressed three research questions: (a) what factors influence judges’ decisions to grant or deny a DVPO, (b) what heuristics or cognitive shortcuts potentially guide their decisions, and (c) what judges worry about when making decisions. Three themes emerged from the data analyses: (a) violent incidents must reach a certain threshold, (b) the presence of children creates competing concerns, and (c) judges worry about the negative impact their decisions may have on the lives of those involved. Recommendations for improving the DVPO issuance process are also discussed.


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