Retrospektywna perspektywa badań prowadzonych przez Alice Miller nad związkami czarnej pedagogiki i znaczeniem relacji rodzinnych dla kształtowania się postaw społecznych wspierających nazizm i faszyzm

A retrospective analysis of the conditions that influenced the emergence of Nazism and fascism indicates that one of the factors that fostered the emergence of both systems were specific family relationships and the upbringing currently referred to as black pedagogy. Alice Miller claimed that the full subordination of children to the will of adults, resulting from the use of mechanisms of black pedagogy, led to the subsequent political subordination, which was an element of social relations in the totalitarian system of the Third Reich. Miller noticed the roots of black pedagogy in the educational tendencies present in the German cultural circle as early as the 18th century, and she noticed ethnocentric conditions based on black pedagogy, also in the post-war period. The contemporary international legal standard for the protection of the subjectivity of the child should contribute to the creation of systemic and cultural barriers against black pedagogy and its consequences.

TRIAL WITHIN A REASONABLE TIME IN CIVIL PROCEEDINGS IN THE REPUBLIC OF SERBIA

Trial within a reasonable time is a legal standard established to shorten lengthy court proceedings that have become a global problem. Their purpose is to create the most efficient judicial system possible without compromising the principle of fairness. A significant step towards that goal is the Law on the Protection of the Right to Trial within a Reasonable Time, which was passed in the Republic of Serbia in 2015. By applying this law, a combined system of protection of this right was adopted, in which protection is realized during the duration of the procedure but also after the end of the procedure. The aim of this paper is to consider the level of protection of this right in Serbia due to the adoption of the Law on Protection of the Right to Trial within a Reasonable Time.

Predatory Pricing Under the Federal Competition and Consumer Protection Act of 2019 of Nigeria: An Unfinished Business

Predatory pricing is one of the market practices that are prohibited in competition law. It occurs when a dominant firm sells its product at an unreasonably low price in order to eliminate competitors from the market. The Federal Competition and Consumer Protection Act, 2019 of Nigeria prohibits this practice. This article, therefore, examines predatory pricing under the Act. It argues that the prescription of the cost-based principles of marginal and average cost as sole determinants of predatory pricing under the Act would not provide the Federal Competition and Consumer Protection Commission (FCCPC) and courts with the appropriate legal standard in determining predatory pricing. It suggests that the provision of the law should be reformed to include the principle of recoupment as a legal standard for imposing liability for the practice against defaulting firms. This will assist the FCCPC and courts to distinguish pro-competitive predatory pricing from anticompetitive predatory pricing.

THE RESPONSIBILITY IN PROTECTING THE ROHINGYA REFUGEES IN ACEH PROVINCE, INDONESIA: AN INTERNATIONAL REFUGEES LAW PERSPECTIVE

The coast of western Indonesia (Aceh province) has been the entrance for Rohingya refugees since 2012. At the beginning of 2020, the Rohingya refugees continued to arrive, although some of them have been resettled and transferred to the third countries. The Indonesian government rejected a large number of Rohingya refugees because there were no lex specialis in the Indonesian immigration arrangement related to asylum seekers and refugees. Historically, Indonesia was a country with commitment and experiences in dealing with refugees, however to date, Indonesia refused to become a party to the 1951 International Refugee Convention and 1967 Protocol on Refugees. Hence, there is no legal standards of the refugee management in Indonesia, and thus it complicates the management of the incoming Rohingyas. Responding to such issue, the government has issued the Presidential Regulation Number 125 of 2016 concerning the foreign refugee management to provide a temporary legal standard for all forms of refugee protection in Indonesia. However, such regulation has yet to comprehensively settled the management of the Rohingya people in Indonesia, particularly in Aceh province. This paper strongly advocates the Indonesian government to ratify the 1951 International Refugee Convention as to protect and settle the refugee under the non-refoulment principle which is fundamentally referred to humanitarian values.

A continuing mandamus to enforce rights to adequate housing in the era of super typhoons

The era of super typhoons is here and is predicted to linger due to anthropogenic climate change. Disasters triggered by these typhoons have caused not only loss of lives, but also displacements of people who are left without houses, properties and livelihoods. Using the Philippine experience, this article examines the legal standard of right to adequate housing under the international human rights law and international climate change law, and the Philippines' commitments to these regimes. It argues that the Philippine government's post-typhoon responses are fragmented, reactive, and ephemeral, and that there are gaps in the current housing laws. It is then argued that these issues are incongruent with the minimum standards of adequate housing. To ensure that the housing rights of climate displaced persons are protected, the role of domestic courts in enforcing the government's adaptation commitments under the Paris Agreement using the writ of continuing mandamus is considered.

Is the Expectation of Privacy a Dying Standard? The Government’s Access to Biological Data, Consumer Data and Bioinformatics – And the Limitations that Should be in Place

The Judicial System is by and large a backward-looking, rather than a forward-looking system. The rapid advancement of technology is creating a greater strain on our legal framework. The current legal system considers whether the Technology is in common use to determine the expectation of privacy, however, this legal standard will, and arguably already does, lack the flexibility to make timely and efficient determinations on the constitutionality of using certain technology for governmental searches and seizures. The solution is a proactive approach through a combination of Legislative and Judicial action that will ensure individual privacy is protected in an ever-advancing technological world.

Authentic Compliance with a Symbolic Legal Standard? How Critical Race Theory Can Change Institutionalist Studies on Diversity in the Workplace

This review essay introduces critical race theory to the organizational analysis of diversity in the workplace. One central finding of the empirical institutionalist literature examining diversity in organizations is the apparent failure of diversity, as a value adopted by the organization, to transform practices of discrimination and exclusion in the workplace. Scholars in this field implicitly accept the narrative about diversity as a substantive civil rights value, associating its presence with racial justice ideals. A critical analysis of this legal concept inspired by the lessons of critical race theory highlights the problematic legal construction of diversity and its role in justifying and reinforcing racial hierarchies. Adding to existing neo-institutionalist literature, I suggest that, alongside an investigation into employers’ compliance practices with diversity precepts, attention should be paid to the limitations inherent in the legal standard of diversity itself.

Actual Issues of Forensic Activities in Ukraine and the Possibility of Implementing International Standards of the Industry in the Ukrainian Legislation

International standards exist in any field of legal regulation however, they are mostly identified with standards that regulate the technical sphere, since they are the most common ones. Nonetheless, today it is hard to imagine any area of public life withno generally recognized international standards. European legal standards are formed within the framework of the two most regional international associations –the Council of Europe and the European Union. The Council of Europe sets, first of all, standards in the humanitarian sphere: human rights, environment protection, and constitutional law, which is determined by the goals and purpose of its functioning. The European Union (hereinafter referred to as the EU) using directives, regulations, and other legal acts sets standards for most areas of the EU population's life. It should be noted it is during the development of 'standardization' in the European law that specific development of public relations in the EU takes place. Defining the EU legal standardas a separate category of norms of the European law, it is noteworthy that this term is used in a broad sense as a 'legal standard' and incorporates such elements as the general principles of the EU law and the 'common values' of the EU –they relate to people, environment, economic issues, and so on. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is a classic example of their implementation. In a narrow sense, this term has a specific meaning and does not coincidewith the concept of 'legal standard', e.g. these are standards in the technical field that are adopted by the European Committee for Standardization, that is, in its content, it is a technical publication that is used as a norm, rule, guide or definition.Therefore, they relate to products, services, or systems and are the basis for convergence and interaction within the growing market of various business sectors. Today, in international law de facto there is a system of standards that regulate various aspects of international relations.