Suchergebnisse

This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.

This article argues for the inclusion of alternative dispute resolution (ADR) into the criminal justice administration of South Africa, which will ultimately result in the comprehensive legal transformation of the country's justice system. Non-traditional dispute resolution processes, which fall within the context of ADR, are globally accepted and have been implemented in different dispute contestations. The argument whether ADR should be applied in a criminal justice context, poses normative questions concerning the function of the justice system, and sociological questions concerning the nature of criminals and crimes. Crime rates in South Africa are high and the criminal justice system may be unable to cope with the floodgates of formal litigation. In this context the article argues for the integration of ADR into the South African criminal justice system. Two major research problems are addressed through reviewing existing literature and doing desktop research. The first aspect concerns the integration of ADR into the South African criminal justice system with a view to effecting law reforms. Second, the question regarding the roles of traditional rulers in resolving criminal disputes is explored. The conclusions reached relate to the need for law reformation in South Africa, particularly in respect of the integration of ADR into criminal jurisprudence, in order to become aligned with other jurisdictions the world over.

Formulation of the problem. The very existence and role of objective patterns in society, including in the legal sphere, causes doubt among some thinkers, up to the complete denial of any patterns in social life. However, even a shallow analysis, conducted from the perspective of the general scientific concept of patterns, leaves no doubt that in the development and functioning of law, in its matter, its constituent elements, in their correlation there are objective laws that, like laws in any other matter, have the nature of the necessary and stable relationships and dependencies. Therefore, it is clear that their specific laws are inherent in legal reality, including criminal law as its component. The emergence of criminal law - a natural process, which at one time was experienced by any modern society. It was due to the development of the system of social regulation and the objective needs of protecting social interests from the most dangerous attacks. Purpose of article. This article analyzes the process of the emergence of criminal law, examines the concepts of genesis and genetic patterns of criminal law, it turns out the preconditions of criminal law in the social regulation of the primitive era. Results. The study made it possible to formulate a number of specific patterns of the emergence of criminal law, in particular: the pattern of the genetic dependence of criminal law prohibitions on the system of sacred taboos and prohibitions of prestate society; the regularity of the emergence of criminal law norms only in a state-organized society; the regularity of the dependence of the emergence of criminal law on the formation of the idea of a crime as an act that causes harm to the whole society as an integral organism; regularity of conditionality of norms on criminal and punishable by moral ideas of society about good and evil; regularity, expressed in the sequential consolidation in the criminal law of crimes of mala in se (by nature), then mala prohibita (according to law).

In this novel and unorthodox historical analysis of modern comparative law, Daniel Bonilla Maldonado explores the connections between modern comparative law and the identity of the modern legal subject. Narratives created by modern comparative law shed light on the role played by law in the construction of modern individual and collective identities. This study first examines the relationship between identity, law, and narrative. Second, it explores the moments of emergence and transformation of this area of law: instrumental comparative studies, comparative legislative studies, and comparative law as an autonomous discipline. Finally, it analyzes the theoretical perspectives that question the narrative created by modern comparative law: Third World Approaches to International Law, postcolonial studies of law, and critical comparative law. For lawyers and legal scholars, this study brings a nuanced understanding of the connections between the theory of modern comparative law and contemporary practical legal and political issues.

This article presents the research backroom about the legal activism in the criminal justice system reform following the ethnographic strategy. In particular, it addresses the "struggle" for "accusatory" criminal procedural reform at the federal level in Argentina since the end of the last dictatorship (1976-1983). Specifically it is about: a) participation in public events as an entrée to the field; b) native etnographer; c) native categories and theoretical concepts; d) the cause-based "partisanism" (militancia) and legal activism; and e) reform flags as cosmologies of social order. Finally, the article offers an analysis of the benefits of ethnographic research with legal activists in the field of human rights.

Turk's conflict theory of political criminality is used to account for the virtual cessation of international criminal law enforcement following the Nuremberg Tribunal and its revival through the establishment of The Hague Tribunal for the former Yugoslavia and Rwanda. Turk's theory further helps to contextualize the little known contribution of Sheldon Glueck to the development of the Nuremberg Trials. Glueck helped overcome Soviet wishes to turn Nuremberg into a show trial and developed the organizational plan for the visual and witness evidence of the Holocaust that led to the most important convictions for crimes against humanity in the Nuremberg Trials. The contributions of Glueck and Turk provide an underappreciated foundation for the criminological study of war crimes and crimes against humanity.

The times of crisis between insolvency and financial law -- Legal constants, and the constant outside of the law -- The un(codified) financial systems in times of crisis -- Cross-border insolvency law : venturing beyond structural crisis -- Conclusions.