Addressing Differences of Opinion

2021 ◽  
pp. 34-48
Author(s):  
Thomas A. Lucey
2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation


2020 ◽  
Vol 3 (2) ◽  
pp. 50-58
Author(s):  
Rahdiansyah Rahdiansyah ◽  
Yulia Nizwana

Cultural disputes, and others, often occur between neighboring countries in Southeast Asia and can be the seeds of disharmony, of course, this is not desirable. Southeast Asia as a cultural scope that is interrelated in history, has local wisdom in resolving disputes, resolving this dispute is known as deliberation. Deliberation is an identity that must be prioritized as a wise cultural approach for the ASEAN community. The purpose of this study is to explore the local wisdom of Southeast Asian people in resolving disputes in their communities and implementing them as a solution for the ASEAN community. Recognizing each other as cultural origins often occur between Malaysian and Indonesian communities. As a nation of the same family, this is commonplace, but the most important thing is how to solve it. Interviewing the people of both countries is the first thing to do in looking at this problem, how they understand and see culture in their culture. Questionnaires are distributed as much as possible, each data obtained will be processed and classified according to nationality, education, age, and others. The findings will be a study to see the perspectives of the two countries in understanding history, culture, and cultural results in addressing the differences of opinion that occur. At least the description of the root of the problem is obtained, why this problem occurs, what are the main causes, how to understand it, how to react to it, and lead to the resolution of the dispute over ownership of culture itself


2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.


2019 ◽  
Author(s):  
Adib Rifqi Setiawan

This work argues that fundamental differences of opinion as to the nature of science affect whether the “S” in STEM can really apply to all the natural sciences, which will affect how we structure and implement improvements in STEM education. The first part of the argument deals with often-taught definitions of words like “law” and “theory” that don’t really apply to much of physics. In the second part, we notes that mathematics remains inseparable from education in the physical sciences, but this is not the case in biology. Moreover, an appreciation for the worth of mathematical or theoretical models, even disjoint from experiments, is not generally a part of biological education. The third part is “the tyranny of hypotheses.” One of the “cultural” shocks I’ve had moving into biological fields is constantly hearing people talk about “hypotheses” and seeing a steady stream of bar graphs with asterisks and p-values. In physics, one almost never discusses hypotheses; rather, one test relationships between parameters, either analyzing them within some mechanistic framework, or empirically determining what the underlying functional relationship is.


2015 ◽  
Vol 10 (1) ◽  
pp. 5-25 ◽  
Author(s):  
Jack L. Winstead ◽  
Mitchell R. Wenger

ABSTRACT This study investigates whether AIS instructors' selection of topics adequately prepares graduates for the expectations of employers seeking candidates who can adapt to the pace of technological change. As businesses adopt new technologies, stakeholders of the accounting profession must periodically reassess educational needs in the area of accounting information systems (AIS). Because AIS is a field that encompasses a wide variety of conceptual and skill-based topics, the selection of course topics can result in a “gap” between what academics and CPA firms expect from new accountants. Given the variety of topic areas, do academics and CPAs agree on which ones to emphasize, or what levels of proficiency are appropriate for each topic? In this study, academics and accountants, primarily in public practice, completed identical surveys regarding desired levels of proficiencies. The results suggest agreement on desired levels of proficiency regarding computer operation and use of accounting software to complete basic tasks and create reports, while suggesting differences of opinion in six other areas (understanding business cycles in an electronic environment, understanding data-sharing technologies, using XBRL, comprehending business needs and how technology could solve problems, understanding e-commerce, and the basics of safeguarding electronic accounting records). Participants concluded by offering observations about the strengths and weaknesses of newly employed accountants.


Author(s):  
David G. Morgan-Owen

Historians have argued that the British Army was afflicted with an insular focus on home defence in the late nineteenth century and that this preoccupation was evidence of the paucity of military strategic thought and the lack of co-operation and dialogue between the two services. This chapter challenges that viewpoint and argues that the military leadership was, in fact, consistently much more interested in preparing for operations overseas than it was in planning to prevent an invasion. The military authorities were only deflected from this aim by differences of opinion with the Admiralty on the application of naval power and on the Navy’s inability to commit to the safe passage of troops by sea, disagreements which obliged the War Office to limit the scope of its strategic discourse. This had significant implications for both military and imperial policy, particularly the defence of India.


2020 ◽  
Vol 21 (8) ◽  
pp. 1586-1605
Author(s):  
Benjamin Bricker

AbstractThis Article examines changes in dissent patterns that occurred on the Polish Constitutional Tribunal during a period of intense constitutional and political change in Poland. An analysis of these dissents shows judges only rarely used this opportunity to express the traditional differences of opinion on law or policy. Instead, judges on the Tribunal increasingly used dissents in an altogether new form – as a way to broadcast allegations of legal and procedural violations that occurred within the court’s operation itself. More troublingly, some judges also used their dissents to advance distinctly political narratives and overtly attempt to de-legitimize the court’s announced decisions. Ultimately, these dissents show that constitutional judges may not be immune to participating in the larger social and constitutional battles within society. In fact, these dissent patterns suggest that, in a more fragmented and polarized era of politics, judges can and have made use of the dissent as a way to broadcast distinctly political messages.


Sign in / Sign up

Export Citation Format

Share Document