scholarly journals Nouvelle donne législative et causes de la criminalité « corporative »

Criminologie ◽  
2005 ◽  
Vol 30 (1) ◽  
pp. 9-34 ◽  
Author(s):  
Laureen Snider
Keyword(s):  
Social Policy ◽  
Corporate Crime ◽  
Law And Economics ◽  
Academic Support ◽  
Administrative Law ◽  
Global Capitalism ◽  
Nation State ◽  
Criminal Legislation ◽  
And Control ◽  
Subsequent Replacement

This paper examines the ideological and political collapse of laws regulating corporate crime in North America. In an era where social control and criminalization are steadily increasing, corporate crime has been normalized, shorn of its negative, criminal implications, de-regulated in law. The paper asks why this has happened, looking first at the century-long battle waged by labour and other counter-hegemonic groups to censure and control the antisocial acts of corporations through the passage of criminal legislation. Second, it examines the role criminology as a discipline played in this process, and the subsequent replacement of criminological discourse and influence by the newly-ascendent law and economics movement, which has provided the much of the academic support for de-regulation. Both developments, it is argued, are linked to changes in global capitalism and the weakened nation-state. Finally, the paper argues that the removal of regulation through criminal or administrative law, and of its accompanying rhetorics of denunciation, has grave consequences for social policy. The structural and ideological forces of global capitalism that have normalized corporate crime have also provided ideal conditions for increases in its incidence and impact.

scholarly journals Does Global English Support the Development of Social Europe?

2016 ◽  
Vol 9 (1) ◽  
pp. 31-38
Author(s):  
László Marácz
Keyword(s):  
Social Policy ◽  
Scientific Research ◽  
Analytical Tool ◽  
Multilevel Governance ◽  
Nation State ◽  
Global English ◽  
Multilingual Communication ◽  
European Social Policy ◽  
Complex Patterns ◽  
Social Europe

Abstract The relevance of languages and multilingual communication for social policy and solidarity in the context of the nation-state has generally been recognized. However, in the context of Europeanization, this factor has been underestimated and neglected in scientific research. This paper argues that languages and multilingual communication are relevant for the design of Social Europe. In order to support this hypothesis, the paper relies on an analytical tool, the so-called floral figuration model proposed by De Swaan (1988). This model allows us to isolate social and linguistic actors and track down complex patterns of linguistic and communicative exclusion in Europe’s system of multilevel governance. These patterns also refer to international or global English or its technically adapted Brussels variety, ‘Euro-English’. From this, also follows that these patterns of linguistic and communicative exclusion must be rendered into inclusive ones before a European social policy can be realized.

scholarly journals Offences in the Sphere of Customs Affairs: Public Danger and the Criteria of Differentiation

2020 ◽  
pp. 68-71
Author(s):  
Inna Andreyevna Podroykina ◽  
Vyacheslav Viktorovich Lavrinov
Keyword(s):  
Administrative Law ◽  
The Public ◽  
Domestic Legislation ◽  
The Law ◽  
Criminal Legislation

The present study analyzes the issues related to defining customs offences, the public danger they present and the problems of differentiation of their types. It is pointed out that currently the fight against customs offences is waged both by means of the norms of administrative law, or through crim-inal law response. The choice of punishment de-pends on the degree of public danger that poses a specific offence. At the same time, the authors draw attention to some inconsistency in the norms of administrative and criminal legislation regarding the regulation of liability for customs offenses, which causes certain difficulties in their suppression. This does not lead to a uniform understanding of the law, and, consequently, does not contribute to effective counteraction to these offences. In this regard, there are presented specific recommendations on im-provement of domestic legislation.

scholarly journals COMBATING MONEY LAUNDERING AS A PART OF TRANSNATIONAL ORGANIZED CRIME-CRIMINAL LAW METHODS AND PROBLEMS

2019 ◽  
Vol 31 (5) ◽  
pp. 1503-1507
Author(s):  
Tatijana Ashtalkoska-Baloska ◽  
Aleksandra Srbinovska-Doncevski
Keyword(s):  
Money Laundering ◽  
Organized Crime ◽  
Criminal Activity ◽  
Financial Flows ◽  
Transnational Organized Crime ◽  
Long Time ◽  
Financial Power ◽  
Criminal Legislation ◽  
And Control ◽  
Global Financial System

Money laundering its serious problem which threatens global financial system for a long time, hence measures against money laundering are part of one global system of criminal justice and policy against transnational organized crime, starting with predicting actions as criminal offences, precision its basic elements, giving priority of property sanctions and measures as a part of penal policy against this type of crime, but also finding new mechanism, in a way of detection and procedure of these illicit actions. This notion covers various activities directed against legalization of money acquired with committing crime, and therefore the center of injustice is exactly in covering criminal origin of money and including in legal financial flows. Although, in terms of detection and combating of this phenomenon, apart from the basic criminal offense, the money laundering operation itself and the predicate act often constitute a problem with regard to processing, which, if is not proved can constitute an additional obstacle of the procedure against the basic offence, as well as seizure of funds that are illegally obtained through such criminal activities. In this regard, the aim of this paper is to emphasize the necessity of building a global anti-money laundering system containing legislative measures as a first step in the control of money laundering and institutional restructuring for the effective enforcement of the existing criminal legislation. Criminalization and control of money laundering is complemented by confiscation of property and property gain acquired by such criminal activity, as measure which should enable reduction of financial power of criminal offenders and possibility of further committing of crime.

scholarly journals In Search of Refutation of Rodrik’s Impossibility Theorem

2021 ◽  
Vol 102 (3) ◽  
pp. 22-39
Author(s):  
M. V. Kharkevich
Keyword(s):  
Civil Society ◽  
Political Institutions ◽  
System Integration ◽  
Fundamental Problem ◽  
Global Capitalism ◽  
Impossibility Theorem ◽  
Nation State ◽  
World Culture ◽  
The World

The article is devoted to the analysis of the so called impossibility theorem, according to which democracy, state sovereignty and globalization are mutually exclusive and cannot function to the full extent when present simultaneously. This theorem, elaborated in 2011 by Dani Rodrik, a famous economist from Harvard University, poses a fundamental problem about the prospects of the global scalability of political institutions of the nation-state. Is it in principle possible to globalize executive, legislative and judicial branches of power, civil society, and democracy, or is it necessary to limit globalization in order to preserve democracy and nation-state? Rodrik’s conclusions, in essence, make one give up hopes to create global democratic order against the background of global capitalism. On the basis of the Stanford School of Sociological Institutionalism and the reconstruction of the historical materialism by Jürgen Habermas, the author refutes Rodrik’s theorem. The author’s analysis shows that not only is it possible to build democratic order at the global level, but also that it already exists in the form of the world culture that includes such norms as electoral democracy, nation-state, civil society and other institutions of Modernity. The world culture reproduces fundamental social values, playing the role of social integration for the humanity, while global capitalism provides for its material reproduction, playing the role of system integration. However, since globalization is a more dynamic process than the development of the world culture, between material and ideational universalism arises a gap, which in its turn is fraught with various kinds of political and economic crises.

PRAWO ADMINISTRACYJNE WOBEC EPIDEMII CHOROBY ZAKAŹNEJ – WYBRANE PROBLEMY NA TLE STUDIUM PRZYPADKU KORONAWIRUSA SARSCOV-2 (CHOROBY COVID-19)

2021 ◽  
pp. 154-196
Author(s):  
Jacek Jagielski ◽  
Piotr Gołaszewski
Keyword(s):  
Infectious Disease ◽  
Infectious Diseases ◽  
Prevention And Control ◽  
Administrative Law ◽  
Theoretical Terms ◽  
Digital Exclusion ◽  
Administrative Proceedings ◽  
And Control ◽  
Theoretical Reflection

The article discusses the legal and administrative regulations regarding the prevention and control of infectious diseases. The author puts forward and justifies the thesis that the SARS-CoV-2 coronavirus epidemic (COVID-19 disease) has exposed significant imperfections (and partly deficiencies) of the above-mentioned regulations, and at the same time revealed the effects of – sometimes insufficient – theoretical reflection on administrative law and the methods of reception of its assumptions and theoretical structures into the provisions of this law. Against this background, particular attention was paid to the construction of the special state as a (separate and independent) institution of material administrative law, as well as to issues concerning, inter alia, administrative regulations, general administrative acts, administrative enforcement of non-pecuniary obligations, administrative proceedings, criminal-administrative law, and social (digital) exclusion in administrative law. The considerations are summed up by the statement that administrative law – both in practical and theoretical terms – has turned out to be insufficiently prepared for an epidemic of an infectious disease in general, and even more so for an epidemic of a scale such as that caused by the SARS-CoV-2 coronavirus.

Satellites

Hotel Mexico ◽  
2016 ◽  
Author(s):  
George F. Flaherty
Keyword(s):  
Middle Class ◽  
Political Participation ◽  
Nation State ◽  
University Campuses ◽  
University City ◽  
And Control ◽  
The City

The notion of satellites deployed in Chapter 5 elucidates the sociopolitical status of the middle class and youth within the Mexican nation-state at mid-century. Both were peripheral to the franchise, their political options curtailed by the corporatist and clientelist institutions. While the new university campuses, such as the representative University City (supervised in part by Mario Pani), appeared as the spaces of conviviality, they were in fact spaces of management and control, designed to prevent disruptions to the programmed flows of the city. In this light, the chapter discusses the 68 Movement’s slogan ganar la calle as the set of conscious, intentional, and insurgent urban tactics, both embodied and discursive, devised to counter the state’s denial of room for political participation—most notably, through the movement’s marches

1. Introducing constitutions and public law

2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

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