Suchergebnisse

Several economies have laws that treat women differently from men. This study explores the degree of such legal gender disparities across 167 economies around the world. This is achieved by constructing a simple measure of legal gender disparities to evaluate how countries perform. The average number of overall legal gender disparities across 167 economies is 17, ranging from a minimum of 2 to a maximum of 44. The maximum possible legal gender disparities is 71. The measure is found to be correlated with other measures of gender inequality, implying the measure does capture gender inequality while also differing from preexisting measures of gender inequality. A high degree of legal gender disparities is found to be negatively associated with a wide range of outcomes, including years of education of women relative to men, labor force participation rates of women relative to men, proportion of women top managers, proportion of women in parliament, percentage of women that borrowed from a financial institution relative to men, and child mortality rates. Subcategories within the legal disparities measure help to uncover specific types of legal disparities across economies.

America is obsessed with crime-solving. Cold Case, CSI, and Law & Order have achieved their current popularity because they all respond to the same national craving for crime, and do so with great skill and creativity. Round Up the Usual Suspects provides a comparison of the crime fighting models of each of these TV series. Each has its own special crime-fighting niche, and each approaches its job with a distinct set of values, and different paradigms of discovery and proof. These separate approaches are each firmly grounded in different components of human nature -- analytical reasoning, for

Professor Harold Berman has presented the fascinating thesis that a people's religion influences their laws and that the Puritan religious revolution of seventeenth century England introduced Calvinist ideas into Anglo-American jurisprudence. I fully agree with Professor Berman's observations that religious beliefs and a sense of moral obligation to others are some of the motivations of, or at least influences upon, legal growth. Economic aggrandizement is not the only motivation of the human race. Religion has had a direct effect upon social and political institutions.

Stability of delinquency phenomenon refers to the continuance of an anti-social behavior. The recognition criteria of this phenomenon can be analyzed based on the dominant social frameworks. Analyzing the personality of delinquents and adapting it to specific techniques of delinquency prevention also promoting the compatibility of delinquents with the environment is a process that requires biopsychosocial studies. Personality record consists of the results of psychological, medical, and social studies and experiments regarding the personality of defendants and delinquents. Personality record plays an important role in criminal justice management. The criminal procedure law has been presented in Articles 203 and 286 of the criminal law of Iran. Personality record is one of the achievements of clinical criminology. Criminal criminology analyzes the corrigibility of delinquents using other related sciences. It also identifies the deviation rate and possible dangers of dangerous individuals. Then it becomes possible to take measures to treat the particular disorders of delinquents. Considering these matters, the recent research aims at answering the question regarding the effect of young individuals' personality on the stability of delinquency. The main objective of this research is analyzing the role of personality record and techniques of preventing stability of delinquency among young individuals. The results of the recent research indicate that criminal procedure law has emphasized on the role of personality record in identifying penalties. However, according to the criminal procedure law, the process of analyzing the personality of delinquents has been limited to preliminary investigations.

This article addresses the question of to what extent companies can be held criminally liable for – active – bribery offences perpetrated by their employees. It focuses on the questions of to what extent companies have a duty of care to prevent bribery by employees and to what extent can a breach of such a duty of care cause criminal liability to ensue.In this contribution, the authors set out to answer these questions by comparing the Dutch and the British legal systems. After assessing the international and national legal frameworks, they conclude that the Dutch anti-corruption provisions are, compared to the British, broadly formulated, including ambiguous terms and that – as a result of this – their scope is somewhat vague. Due diligence measures have a varying effect on determining the criminal liability of companies. In contrast, the due diligence question has a fixed, unequivocal place in the UK system of determining criminal liability, making the UK system seem more straightforward. But still, neither anti-corruption legislation nor case law provides clarity as to the scope of due diligence measures. To increase legal certainty, this article calls upon the Dutch Government to produce guidelines, similar to the British MoJ Guidance, that provide specific examples of the details of a compliance scheme.

Medizinische Forschung produziert durch technischen Fortschritt und eine steigende Verbreitung von Biobanken eine zunehmende Vielzahl von Zufallsfunden und Zufallsbefunden. Die medizinrechtliche Dissertation setzt sich mit der Frage auseinander, wann ein Patient oder Proband über diese zufällig gemachten Anomalien mit pathologischer Relevanz aufgeklärt werden darf oder muss, und wann eine Aufklärung zu unterlassen ist. Zentrales Unterscheidungsmerkmal ist dabei der zugrundeliegende Vertragstyp (Behandlungs- oder Probandenvertrag), wobei auch außervertragliche Mitteilungspflichten bestehen können (§ 826 BGB, § 323c StGB). Auch gegenüber Dritten können Aufklärungsbefugnisse und Aufklärungspflichten (bspw. IfSG) bestehen. Bei genetischen Untersuchungen ist das GenDG zu beachten, dessen genauer Anwendungsbereich bei therapeutischen Forschungsmaßnahmen umstritten ist. Besonderen Raum nimmt auch das Recht auf Nichtwissen ein, dessen Reichweite und Grenzen bis heute kaum geklärt sind.

Criminal libel traces its history to ancient Babylonia where it was designed to prevent insults to women. As criminal libel law evolved, it has often been applied against the press, until the Garrison case in which application of the New York Times' "actual malice" rule allowed a prosecutor reasonable freedom to criticize judges. Today, only 21 states have criminal libel statutes, and some of these are of dubious constitutionality. Is the criminal libel threat to the press dead? Perhaps; perhaps not, this study finds.