scholarly journals Rogier versus Jottrand: dure beledigingen in de Belgische opiniepers (1861-1863)

Pro Memorie ◽  
2021 ◽  
Vol 23 (1) ◽  
pp. 79-109
Author(s):  
Frederik Dhondt
Keyword(s):  
Natural Law ◽  
Criminal Liability ◽  
Tort Law ◽  
Political Liberty ◽  
Content Type ◽  
Constituent Assembly ◽  
The Press ◽  
Court Of Appeal ◽  
Legal Battle

Abstract The Belgian Constitution guaranteed political liberty, exemplified by the mandatory competence of the jury for judging political and press offences. However, the constitution did not literally mention quasi-delicts. In 1861, liberal statesman Charles Rogier was insulted by the ultramontanist Catholic newspaper Le Journal de Bruxelles. He sued the newspaper’s printer under tort law, and obtained a considerable amount of damages, bypassing the jury. Progressive radical lawyer Lucien Jottrand, former member of the Constituent Assembly, argued at length that the constitution exclusively reserved competence for both civil and criminal liability to the jury. The Brussels Court of Appeal and the Court of Cassation rejected this reasoning and insisted on the superior natural law-origins of tort law. Yet, this decision created a risk of private censorship, well documented in the press and in private archives on the legal battle around the Journal de Bruxelles.

The pragmatics of absurdity

2019 ◽  
pp. 108-137
Author(s):  
O. I. Kiyanskaya ◽  
D. M. Feldman
Keyword(s):  
Political Context ◽  
Freedom Of The Press ◽  
The Political ◽  
Party Organization ◽  
Socialist State ◽  
Constituent Assembly ◽  
The Press

The analysis is focused on the pragmatics of V. Lenin’s articles ‘Party Organization and Party Literature’ [‘Partiynaya organizatsia i partiynaya literatura’] (1905) and ‘How to Ensure Success of the Constituent Assembly (on freedom of the press)’ [‘Kak obespechit uspekh Uchreditelnogo sobraniya (o svobode pechati)’] (1917). Foreign and Russian scholars alike considered the two works as components of the concept of Socialist state literature and journalism, conceived before the Soviet era. Based on examination of the political context, this work proves that Lenin was driven to write the articles by his fight for leadership in RSDRP. In 1905, Lenin obtained control over Novaya Zhizn, the newspaper under M. Gorky’s editorship, and insisted that opponents had to follow his censorship guidelines: the press had to become a propaganda tool rather than a source of income. Twelve years on, Lenin’s principles still reigned. 

scholarly journals Culpability, Kingston and the Law Commission

2010 ◽  
Vol 74 (5) ◽  
pp. 434-471 ◽  
Author(s):  
Cath Crosby
Keyword(s):  
Justice System ◽  
Criminal Liability ◽  
Character Theory ◽  
Criminal Offence ◽  
Pragmatic Approach ◽  
House Of Lords ◽  
The Law ◽  
Court Of Appeal ◽  
Law Commission ◽  
Do So

This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted ‘out of character’ and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.

Does the hiring of chief risk officers align with the COSO/ISO enterprise risk management frameworks?

2017 ◽  
Vol 25 (3) ◽  
pp. 274-295 ◽  
Author(s):  
Erastus Karanja
Keyword(s):  
Risk Management ◽  
Enterprise Risk Management ◽  
Clear Understanding ◽  
Press Releases ◽  
Apparent Lack ◽  
Content Type ◽  
Business Operations ◽  
Enterprise Risk ◽  
The Press ◽  
Iso 31000

Purpose There are two main industry-sanctioned enterprise risk management (ERM) models, that is, COSO 2004 and ISO 31000:2009, that firms refer to when implementing ERM programs. Taken together, the two ERM models specify that firms should implement ERM programs to meet a strategic need, improve operations and reporting or to comply with government regulations or industry best practices. In addition, the focus of ERM implementation should be either the subsidiary, business unit, division, firm/entity or global level. The purpose of this study is to investigate whether firms are aligning their ERM implementations with these tenets: strategy, operations, reporting, compliance and the level of implementation. Design/methodology/approach The proxy for ERM implementation is the hiring of a Chief Risk Officer (CRO). The research data come from a sample of 122 US firms that issued a press release following the hiring of a CRO between 2010 and 2014. The press releases were retrieved and aggregated through content analysis in LexisNexis Academic. Findings The results reveal that many ERM implementations are occurring at the firm/entity level, and with the exception of reporting, firms consider ERM to be a strategic firm resource capable of improving business operations and compliance initiatives. Originality/value There is a dearth of research studies specifically investigating whether ERM programs adopted by firms are aligned with the specification of COSO 2004 and ISO 31000:2009 frameworks. The apparent lack of a clear understanding of the alignment between the firm ERM programs and the industry’s ERM frameworks may limit the development and implementation of ERM and the eventual realization of the benefits associated with a successful ERM implementation.

Experimental study on the relationship between the friction coefficient and interference in locomotive axle press-fitting

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ting Wang ◽  
Hanfei Guo ◽  
Jianjun Qiao ◽  
Xiaoxue Liu ◽  
Zhixin Fan
Keyword(s):  
Friction Coefficient ◽  
Coefficient Of Friction ◽  
Friction Pair ◽  
Rolling Stock ◽  
Content Type ◽  
Press Fitting ◽  
The Press ◽  
The Coefficient Of Friction ◽  
The Relationship ◽  
Locomotive Wheels

PurposeTo address the lack of data in this field and determine the relationship between the coefficient of friction and the interference between locomotive wheels and axles, this study evaluates the theoretical relationship between the coefficient of friction and the interference under elastic deformation.Design/methodology/approachWhen using numerical analyses to study the mechanical state of the contacting components of the wheels and axle, the interference between the axle parts and the coefficient of friction between the axle parts are two important influencing factors. Currently, as the range of the coefficient of friction between the wheel and axle in interference remains unknown, it is generally considered that the coefficient of friction is only related to the materials of the friction pair; the relationship between the interference and the coefficient of friction is often neglected.FindingsA total of 520 press-fitting experiments were conducted for 130 sets of wheels and axles of the HXD2 locomotive with 4 types of interferences, in order to obtain the relationship between the coefficient of friction between the locomotive wheel and axle and the amount of interference. These results are expected to serve as a reference for selecting the coefficient of friction when designing axle structures with the rolling stock, research on the press-fitting process and evaluations of the fatigue life.Originality/valueThe study provides a basis for the selection of friction coefficient and interference amount in the design of locomotive wheels and axles.

scholarly journals British law on corporate bribery

2015 ◽  
Vol 22 (1) ◽  
pp. 16-27 ◽  
Author(s):  
Jonathan Mukwiri
Keyword(s):  
Criminal Liability ◽  
Company Law ◽  
Content Type ◽  
Secondary Sources ◽  
Regulatory Strategy ◽  
Regulatory Approach ◽  
Corporate Criminal Liability ◽  
Corporate Liability ◽  
A Company

Purpose – This paper aims to assess the effectiveness of the Bribery Act 2010 in curbing corporate bribery. Design/methodology/approach – The paper takes a doctrinal focus in assessing UK bribery law using both primary and secondary sources. Findings – This paper finds that the effectiveness of the Bribery Act 2010 in curbing bribery lies in its approach of changing the basis for corporate criminal liability from focusing on the guilt of personnel within the company to focusing on the quality of the system governing the activities of the company. Companies have to address the risks of bribery or risk facing liability for failure to prevent bribery. With its regulatory approach to corporate liability, coupled with its extraterritorial reach, the Bribery Act is likely to change business cultures that facilitate bribery, thereby proving an effective law to corporate bribes. Originality/value – This paper highlights the deficiency of earlier laws in tackling corporate bribery, examines the crime of bribery from a company law perspective and argues that the regulatory strategy in the Bribery Act is likely to be an effective tool against bribery.

Artificial intelligence and human rights: a comprehensive study from Indian legal and policy perspective

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sheshadri Chatterjee ◽  
Sreenivasulu N.S.
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Criminal Liability ◽  
Content Type ◽  
Legal Perspective ◽  
The Government ◽  
The Individual ◽  
The Impact ◽  
Rights Issues ◽  
Comprehensive Study

Purpose The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its civil and criminal liability. This study has provided inputs to the policymakers and government authorities to overcome different challenges. Design/methodology/approach This study has analysed different international and Indian laws on human rights issues and the impacts of these laws to protect the human rights of the individual, which could be under threat due to the advancement of AI technology. This study has used descriptive doctrinal legal research methods to examine and understand the insights of existing laws and regulations in India to protect human rights and how these laws could be further developed to protect human rights under the Indian jurisprudence, which is under threat due to rapid advancement of AI-related technology. Findings The study provides a comprehensive insight on the influence of AI on human rights issues and the existing laws in India. The study also shows different policy initiatives by the Government of India to regulate AI. Research limitations/implications The study highlights some of the key policy recommendations helpful to regulate AI. Moreover, this study provides inputs to the regulatory authorities and legal fraternity to draft a much-needed comprehensive policy to regulate AI in the context of the protection of human rights of the citizens. Originality/value AI is constantly posing entangled challenges to human rights. There is no comprehensive study, which investigated the emergence of AI and its influence on human rights issues, especially from the Indian legal perspective. So there is a research gap. This study provides a unique insight of the emergence of AI applications and its influence on human rights issues and provides inputs to the policymaker to help them to draft an effective regulation on AI to protect the human rights of Indian citizens. Thus, this study is considered a unique study that adds value towards the overall literature.

International Commercial Surrogacy as a New Head of Tortious Damage: XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832

2020 ◽  
Vol 28 (1) ◽  
pp. 197-207
Author(s):  
John Lucas M Taylor
Keyword(s):  
Supreme Court ◽  
Restorative Justice ◽  
Public Policies ◽  
Tort Law ◽  
Commercial Surrogacy ◽  
The Supreme Court ◽  
Court Of Appeal

Abstract In XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832, the Court of Appeal recognised commercial surrogacy in California as a permissible head of damage in a case of negligently inflicted infertility. Due to changing public policies and judicial opinion regarding the practice, and by incorporating the three-part test of illegality developed for civil claims by the Supreme Court in Patel v Mirza [2016] UKSC 42 into tort law, the Court of Appeal held that the principle of restorative justice required a departure from the precedent established in Briody v St Helens and Knowsley AHA [2001] EWCA Civ 1010.

Reconsidering criminal law-based liability for corporations and directors in South Africa

2019 ◽  
Vol 26 (4) ◽  
pp. 1085-1094
Author(s):  
Herbert Kawadza
Keyword(s):  
South Africa ◽  
South African ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Liability ◽  
Annual Reports ◽  
Content Type ◽  
Criminal Sanctions ◽  
Fresh Perspective ◽  
African Context

Purpose It is recognised that the mere proscription of corporate offences is not adequate to deter misconduct or engender compliance. There is a need for the enforcement of the rules through robust culture-changing sanctions. The purpose of this paper is to demonstrate the inadequacies of criminal law liability in ensuring compliance with ethical corporate conduct in South Africa. Design/methodology/approach This paper is purely qualitative. For expository purposes, it draws from the Criminal Procedure Act, 51 of 1977 as well the corporate criminality enforcement trends and data from the National Prosecutions Agency’s annual reports to demonstrate that much as criminal liability is enshrined in a statute it has, however, not yielded the expected results. It situates the debate within the broader economic criminological scholarship. Findings This paper argues that even though the option of prosecuting corporations and directors is part of South African law, many corporate offences are not brought into the criminal justice system. Judging by its erratic imposition, criminal liability has failed to express the indignation and condemnation that are normally attached to criminal sanctions. Several reasons account for this. These include evidentiary, legal, technical and definitional complexities of some corporate offences, which lead to them being regarded as “unprosecutable crimes”. This has a negative impact on enforcement. Originality/value This paper is novel because it approaches the debate from a fresh perspective, economics and criminology. Not much scholarly attention has been devoted to analysing the efficacy of criminal sanctions in the South African context. This paper attempts to fill that gap.

Revealing the unexplained wealth in Indonesian corporation

2019 ◽  
Vol 27 (1) ◽  
pp. 29-42
Author(s):  
Anastasia Suhartati Lukito
Keyword(s):  
Crime Prevention ◽  
Legal System ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Ethical Business ◽  
Content Type ◽  
Business Values ◽  
Illegal Activities ◽  
Asset Forfeiture ◽  
Corporate Criminal Liability

Purpose The purpose of this paper is to analyze the unexplained wealth inside the corporation and to initiate and apply unexplained wealth order in the Indonesian corporation based on the Indonesian legal system and prevailing laws. An effective tool needs to be implemented because of the facts that numerous corporate illegal activities lead to economic and financial crime. Meanwhile, there are difficulties to implement the corporate criminal liability. Non-conviction-based asset forfeiture will be a way out to deal with the current condition. Design/methodology/approach This paper explores and analyzes the Indonesian legal system, particularly a non-conviction-based asset forfeiture for corporate illegal activities. This paper is based on the research paper conducted with the legal normative approach. Findings Non-conviction-based asset forfeiture through unexplained wealth order will be an effective tool and a revolutionary pattern in the crime prevention perspective dealing with corporate crime. Corporate criminal liability in anti-corruption regime can be viewed from two perspectives by combining and integrating crime prevention approach as well as the repressive approach. The Indonesian Supreme Court Regulation number 13 of 2016 is a breakthrough in the criminal justice system to redesign case handling procedure toward corporate crime. It needs to be supported by precise asset forfeiture law. Furthermore it is necessity to strengthening and built corporations with moral and ethical business values. Practical implications This paper can be a source to explore the unexplained wealth that can occur in the corporation and the way to overcome it through unexplained wealth order and non-conviction-based asset forfeiture. Originality/value This paper contributes by initiating a non-conviction-based asset forfeiture, which is implementing the in rem proceeding, to make sure the crime does not pay and the victim and society suffer less because of the corporate crime.

Liability and Climate Change

2019 ◽  
Author(s):  
Michael Faure ◽  
Marjan Peeters
Keyword(s):  
Climate Change ◽  
Greenhouse Gases ◽  
Greenhouse Gas ◽  
Law And Economics ◽  
Criminal Liability ◽  
Tort Law ◽  
Public Law ◽  
Greenhouse Gas Mitigation ◽  
Private Law ◽  
Court System

In view of the need to curb greenhouse gases, the question arises as to the functions of liability in providing effective incentives for emitters in order to change their behavior. Liability for emitting greenhouse gases exists (or can exist) in the area of public law and private law and can be subdivided into international, administrative, and criminal liability (public law liabilities) and tort law liability (private law liability). Actions for holding individual and legal persons (such as states, authorities, and companies) liable can, depending on the specific jurisdiction, be triggered by citizens but also by legal persons, such as authorities, companies, and non-governmental organizations (NGOs), particularly environmental NGOs. The central question in this article is how climate liability is arranged under public law and whether there would be any role for climate liability to play under private law, thereby applying a legal and economic methodology. That so-called law and economics doctrine is a useful approach as it has given a lot of attention, for example, to the different functions of specific legal instruments (more particularly regulation, including taxation and emissions trading and tort law liability) for mitigating greenhouse gases. Meanwhile, in practice, various examples can be identified whereby tort law liability is used as a complement to greenhouse gas regulation. This specific use of tort liability is analyzed in the light of the law and economics literature, thereby pointing at prospects but also at remaining core questions. The success of tort law actions will most likely greatly depend on the (lack of) ambition vested into the emissions regulations at international and national levels. One of the exciting questions for the near future is to what extent judges feel able to step into the regulation of the climate change problem, in an ex ante way. The most difficult cases are obviously those where a regulatory system concerning greenhouse gas mitigation has been put in place and where the court system is strong, but where particular groups consider the regulations to be insufficient.

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