scholarly journals Beyond Belief: How the "Corroboration Rule" in Malawi Obstructs Justice for Victims of Sex Crimes and Discriminates Against Women and Girls on the Basis of Sex—A Call for Legislative Change

2021 ◽  
Vol 40 (3) ◽  
pp. 408-452
Author(s):  
Michelle Xiao Liu ◽  
Alexandra K. Creel Benton
Keyword(s):  
Common Law ◽  
Reasonable Doubt ◽  
Access To Justice ◽  
Sex Crimes ◽  
Sexual Offences ◽  
Independent Evidence ◽  
The World ◽  
Sexually Abuse ◽  
Women And Girls ◽  
Modern Era

Sexual abuse against women and girls in Malawi is pervasive, and survivors face significant barriers in their quest for justice. One particular barrier—the “corroboration rule”—stands out as a discriminatory and onerous roadblock for women and girls who seek justice as victims of sex crimes. The corroboration rule is a common law rule of evidence and criminal procedure that requires prosecutors trying sex offence cases to have independent evidence in addition to a victim’s testimony, even if that testimony is credible and shows beyond a reasonable doubt that the defendant committed the sex crime. This heightened evidentiary standard for victims of sex crimes is based on the stereotype that women and girls are apt to lie about being raped and that their word alone—no matter how clear, convincing, or credible—should not be enough to put a rapist behind bars. Because of the rule, too many women and girls in Malawi are not treated equally in the criminal justice system, and rarely are those who sexually abuse them brought to justice in court. This fosters a climate of impunity for rapists and sexual abusers. While many countries around the world used to require the corroboration rule in sexual offences, in the modern era, Malawi stands apart from the rest of the world as one of the few countries that still requires its use as a matter of common law. However, with a constitution that guarantees equality for women and girls and equal access to justice under the law, and as a State Party to treaties that guarantee the same, Malawi’s Parliament should abolish the corroboration rule.

Women's Journey to Empowerment in the 21st Century

2019 ◽  
Keyword(s):  
Gender Equity ◽  
Cultural Practices ◽  
Gender Based Violence ◽  
Class Culture ◽  
The World ◽  
Contextual Framework ◽  
Women And Girls ◽  
Gender Based ◽  
Global And Local ◽  
Modern Era

This book presents a transnational feminist view of international actions combatting patriarchal attitudes and policies that shape gender-oppressive cultural practices. How these elements take form in the modern era and responses to them are the heart of this text. Each chapter compels readers to more closely examine contemporary violence and oppression against women and girls throughout the world within a contextual framework and the actions women are taking to change the world. The contributing authors are scholars, but they are also practitioners—experts and activists in their fields who speak to the feminist global and local issues, policies, and practices that exploit women as well as advocacy efforts in each area of the world to ameliorate suffering and promote women’s rights. Fourteen countries across five continents are represented in this compendia. Each chapter begins with a narrative of peril followed by a scholarly overview of the topic and concludes with advocacy efforts with linkages for the reader to be involved in activism toward gender equity. A transnational perspective, which undergirds the theme of the book as an approach that crosses borders, offers a unique and nuanced frame of analysis toward understanding the intersectional issues of gender, race, class, culture, religion, politics, and regional–societal norms that give rise to gender-based violence and inequity. The book discusses ways to promote empowerment to fight injustice and promote equality for women and girls throughout the world as well as in local contexts.

Nuclear Strategy in the Modern Era

2014 ◽  
Author(s):  
Vipin Narang
Keyword(s):  
Deterrent Effect ◽  
Regional Power ◽  
Nuclear Forces ◽  
Regional Powers ◽  
Nuclear Strategy ◽  
Weak Institutions ◽  
Nuclear Age ◽  
International Stability ◽  
The World ◽  
Modern Era

The world is in a second nuclear age in which regional powers play an increasingly prominent role. These states have small nuclear arsenals, often face multiple active conflicts, and sometimes have weak institutions. How do these nuclear states—and potential future ones—manage their nuclear forces and influence international conflict? Examining the reasoning and deterrence consequences of regional power nuclear strategies, this book demonstrates that these strategies matter greatly to international stability and it provides new insights into conflict dynamics across important areas of the world such as the Middle East, East Asia, and South Asia. The book identifies the diversity of regional power nuclear strategies and describes in detail the posture each regional power has adopted over time. Developing a theory for the sources of regional power nuclear strategies, the book offers the first systematic explanation of why states choose the postures they do and under what conditions they might shift strategies. It then analyzes the effects of these choices on a state's ability to deter conflict. Using both quantitative and qualitative analysis, the book shows that, contrary to a bedrock article of faith in the canon of nuclear deterrence, the acquisition of nuclear weapons does not produce a uniform deterrent effect against opponents. Rather, some postures deter conflict more successfully than others. This book considers the range of nuclear choices made by regional powers and the critical challenges they pose to modern international security.

KONSEP IMPLEMENTASI PENANAMAN AKHLAK SISWA BERBASIS NILAI-NILAI ISLAM

Edupedia ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 5-9
Author(s):  
Siti Amilus Soleha
Keyword(s):  
Educational Institutions ◽  
The World ◽  
Modern Era

At this modern era, the interaction of students cannot always be limited by some bulkheads. Interactivity can occur in any direction and at any time. Moral decadence always developed along with problem solved that had never ended. In the world of educational institutions, teachers have a very strategic and urgent position in fostering the morals of students. Moral in education is an effort made to provide guidance to students, so that their behavior is in accordance with Islamic guidance, so they can distinguish between good behavior and bad behavior. The morals that must be taught to students include morality to Allah SWT and morality to humans.

scholarly journals When Misconduct in Public Office is Really a Sexual Offence

2017 ◽  
Vol 81 (4) ◽  
pp. 292-302
Author(s):  
Catarina Sjölin ◽  
Helen Edwards
Keyword(s):  
Policy Development ◽  
Sexual Offending ◽  
Common Law ◽  
Sexual Misconduct ◽  
Sexual Offence ◽  
Sexual Offences ◽  
Public Office ◽  
Varied Range ◽  
The Common ◽  
Sexual Offences Act 2003

Misconduct in Public Office (MiPO) covers a wide and varied range of conduct. Beyond the defendant’s public office, there is no unifying conduct or result. A conviction for MiPO could represent putting pressure on a council official to move the route of a proposed road, or a police officer abusing his/her position for sexual gain. Sexual misconduct prosecuted as MiPO falls outside the usual regime for prosecuting and sentencing sexual offences, both obscuring the conduct by the label of MiPO and avoiding sexual offence specific consequences. To examine what kind of sexual offending MiPO has been covering, we analysed newspaper reports and appellate decisions since 2002. This enabled us to identify the conduct MiPO was being used to cover at charge, plea and conviction (or acquittal) stages. We found a significant amount of sexual misconduct being prosecuted as MiPO. We then analysed the sexual conduct to determine the “wrongs” involved, identifying particular categories. This enabled us to propose a new sexual offence (based on the Sexual Offences Act 2003 offences that are not founded on lack of consent), which marks the sexual wrong and enables a focus on the defendant’s abuse of position rather than the victim’s vulnerability. This article outlines the basis for our proposal to the Law Commission for reform of the common law offence of MiPO (as our second response to their consultations). Currently at the stage of Policy Development, the Commission aims to publish its report later this year.

Eschatology and Religiosity of the People in Russia in the 17th Century

2021 ◽  
Vol 20 (8) ◽  
pp. 23-33
Author(s):  
Natalya S. Gurianova
Keyword(s):  
17Th Century ◽  
Church Reform ◽  
Christian Teaching ◽  
The People ◽  
The World ◽  
Spiritual Crisis ◽  
Time Of Troubles ◽  
Early Modern Era ◽  
Modern Era ◽  
The Church

The article studies the religiosity of Russian population in the 17th century in order to find out the type of this state of public mind. Special attention is drawn to the acuteness of eschatological expectations in society, which intensified during periods of crises. After the Time of Troubles (Smuta), the Church, trying to bring society out of the spiritual crisis, had been exploiting the “end of the world” topic through publishing relevant texts. This trend was especially noticeable during the time of Patriarch Joseph. The decision of the Moscow Printing House (Pechatnyi Dvor) to extend the amount of eschatological publications was determined not only by the direction of church policy, but also by the request in society, the desire of the population to get a more complete picture of the Christian teaching about the ultimate destinies of the world and man, since the spiritual crisis had presupposed an increase of apocalyptic moods. This desire indicates that the population was characterized by the religiosity of the medieval type. The article scrutinizes in particular the 2nd half of the 17th century, which modern researchers rightly designate as the early Modern era. In a society with such a keen perception of the time, the church reform, initiated in the middle of the century by Patriarch Nikon, was naturally not supported by a part of the population. In the interpretation of the defenders of the Old Belief, the actions of the reformers turned into clear signs of the advent of the kingdom of Antichrist, as it was prophesied in Christian teaching. It was not some peculiarity of the worldview of the opponents of church reform, their behavior adjusted the religiosity of the epoch. To justify these thoughts the position of Patriarch Nikon could be mentioned. Nikon found himself in a situation of disapproval and, arguing to be wrongfully convicted and misunderstood, he also used the eschatological doctrine. Based on the analysis of such facts, the article concludes that the 2nd half of the 17th century was characterized by religiosity of the medieval type.

The Detraditionalization of Intimacy Reconsidered

2005 ◽  
Vol 23 (3) ◽  
pp. 286-311 ◽  
Author(s):  
Neil Gross
Keyword(s):  
Intimate Relationships ◽  
The United States ◽  
Sexual Intimacy ◽  
Moral Communities ◽  
Cultural Frameworks ◽  
The World ◽  
Relative Decline ◽  
Modern Era ◽  
Late Modern ◽  
The U.S

This essay challenges those strains of contemporary social theory that regard romantic/ sexual intimacy as a premier site of detraditionalization in the late modern era. Striking changes have occurred in intimacy and family life over the last half-century, but the notion of detraditionalization as currently formulated does not capture them very well. With the goal of achieving a more refined understanding, the article proposes a distinction between “regulative” and “meaning-constitutive” traditions. The former involve threats of exclusion from various moral communities; the latter involve linguistic and cultural frameworks within which sense is made of the world. Focusing on the U.S. case and marshaling various kinds of empirical evidence, the article argues that while the regulative tradition of what it terms lifelong, internally stratified marriage has declined in strength in recent years, the image of the form of couplehood inscribed in this regulative tradition continues to function as a hegemonic ideal in many American intimate relationships. Intimacy in the United States also remains beholden to the tradition of romantic love. That these meaning-constitutive traditions continue to play a central role in structuring contemporary intimacy suggests that detraditionalization involves the relative decline only of certain regulative traditions, a point that calls into question some of the normative assessments that often accompany the detraditionalization thesis.

scholarly journals ROLE OF COMMUNICATION TOOLS IN THE PROMOTION OF MUSIC

2015 ◽  
Vol 3 (1SE) ◽  
pp. 1-2
Author(s):  
Vidhi Nagar
Keyword(s):  
Human Life ◽  
Present Form ◽  
Global Culture ◽  
The World ◽  
Modern Thought ◽  
Famous Book ◽  
Continuous Stream ◽  
The Media ◽  
Modern Era

In the modern era, it would be like glorifying the media to include every media related to human life from fingernail to fire. It is the medium that has the ancient ideology and values ​​of society as popular with globalization and modern thought stream The society, which is inhabited by the rajas, has also been plunged to the present day, seeing the reach and impact of media in particular, a frazzled Schmimiya state has been born, especially in order to achieve the concept of global global culture of Mishwa. It is from these media that we can see the news of events at the far end of the world, as far as music is concerned, it is possible that we can cope with many ages, ages and lives. When it is achieved in its present form, in the same continuous stream of time, it is infectious, sometimes Pallimat and Sushobhamat are the modern communication mediums in this stream are also pushing it deeper.Achayat Sharangadei has said in his famous book, Song Ratnakaresh आधुमनक काल में मानि जीिन से संबंमधत हर क्षेत्र को नख से मशख तक प्रभामित करने िाले संचार माध्यमों को ममहमादृमंमित करनाए सूरज को मदया मदखाने जैसा होगा द्य यह िह माध्यम है मजसने िैश्वीकरण ि आधुमनक मिचार धारा से लबरेज समाज के सार्थ ही पुरातन मिचारधाराए मान्यताओं ि रीमत ररिाजों से सराबोर समाज को भी तह तक प्रभामित मकया है द्य िततमान समय में संचार माध्यमों कीए मिशेषकर मीमिया की पह ंच और प्रभाि को देखते ह ए ही एक फ्रेज़ श्मीमिया स्टेटश् का जन्म ह आ है द्य मिशेषकर मिश्व के श्ग्लोबल मिलेजश् की पररकल्पना को प्राप्त करने में सबसे महत्िपूणत हार्थए इन्हीं संचार माध्यमों का हैए इन्हीं की बदौलत हम कोसों दूर की क्याए मिश्व के दूरस्र्थ छोर की खबरोंए घटनाओं का उसी पल अिलोकन कर सकते है द्य जहां तक संगीत का सम्बन्ध हैए यह सित मिमदत है मक अनेकों युगोंए कालोंए ि पररमस्तमर्थयों का सामना करते ह ए यह अपने िततमान स्िरुप को प्राप्त ह आ है द्य समय की इसी सतत प्रिामहत धारा में कभी यह संक्रममत ह आए तो कभी पल्लमित ि सुशोमभत द्य इसी धारा क्रम में आधुमनक संचार माध्यम भी इसे गहरे तक प्रभामित कर रहे है द्यआचायत शारंगदेि ने अपने प्रमसद्ध ग्रन्र्थ श्संगीत रत्नाकरश् में कहा है

scholarly journals Eksistensi Pondok Pesantren Salafiah Sa’adatuddaren di Era Modernisasi Pendidikan

2019 ◽  
Vol 19 (1) ◽  
pp. 77-90
Author(s):  
Marwazi Marwazi ◽  
Abul Khoir
Keyword(s):  
Education System ◽  
Boarding School ◽  
Learning Model ◽  
Work Related ◽  
The World ◽  
Data Source ◽  
Education And Employment ◽  
The Times ◽  
Modern Era ◽  
Sophisticated Technology

In the modern era, competition in various lines of life is getting tougher, education has not escaped the demands of the modern era so that the term education modernization appears. Modernization of education wants a learning model with sophisticated technology, focusing its expertise to be able to talk a lot in the field of work. Related to this, Salafiah Islamic Boarding School which is identical with its old, old education system is considered to be no longer relevant to the development of the times demanded to be able to maintain its existence with renewal efforts which certainly does not leave its characteristics as Salafiah Islamic Boarding School. This research took place in the Salafiah Sa'a Islamic Boarding School, Seberang, Jambi City. This study aims to determine the existence of the Salafiah Islamic Boarding School in the modernization era of education, what constraints faced by the Salafiah Islamic Boarding School in the modernization era of education, and what efforts have been made by the Islamic Boarding School in the era of education. education. The method used in this research is qualitative. The types of data used are primary and secondary. The data source is the informant associated with the existence of the Salafiah Sa' adatuddaren Islamic Boarding School in the era of education modernization, which was collected through observation, interviews and documentation. The findings of this study indicate that in the current era of education modernization, the Salafiah Islamic Boarding School 'adatuddaren still exists even though the number has indeed decreased but not too significantly. The efforts made by the Salafiah Sa'a adatuddaren Islamic Boarding School to maintain its existence in the era of education modernization are good enough, only it needs to be continuously evaluated by looking at existing obstacles, and the demands and demands of the times both in the world of education and employment.

scholarly journals Intellectual Property Law and Extra-Contractual Liability

2021 ◽  
pp. 82-95
Author(s):  
Giancarlo Frosio
Keyword(s):  
Intellectual Property ◽  
Common Law ◽  
The United States ◽  
The European Union ◽  
Trademark Infringement ◽  
The World ◽  
Emerging Issues ◽  
Intermediary Liability ◽  
Intellectual Property Infringement ◽  
Platform Economy

This chapter discusses intellectual property (IP) and extra-contractual liability by highlighting general comparative analysis issues within civil and common law systems, with some consideration given also to major theoretical clusters that might influence the different legal regimes. The chapter focuses on emerging issues of extra-contractual liability for intellectual property infringement in the platform economy, with special emphasis on copyright and trademark infringement, seeking to co-ordinate miscellaneous approaches from the United States (US), the European Union (EU), and selected European countries’ experiences. In doing so, this chapter highlights research and methodological issues related to limited harmonization at a regional level in secondary and extra-contractual liability doctrines when applied to IP. Finally, this chapter describes the World Intermediary Liability Maps (WILMap) as an attempt to provide consistency within a fragmented research framework while also presenting other miscellaneous endeavours seeking the same goal.

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