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Multivariate Analysis: Worry of Attack Is Influenced by Racial Origin and Other Social Factors
Issue:
Volume 5, Issue 2, June 2022
Pages:
149-152
Received:
17 February 2022
Accepted:
8 March 2022
Published:
14 April 2022
DOI:
10.11648/j.ijls.20220502.11
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Abstract: Historically, the UK has been known as a very heterogeneous country. Since the Middle Ages, racial and religious diversity has increased and is increasing again in the modern era. The outbreak of immigrants in Europe occurred in early 2010, as several crises in Africa and the Syrian war drove tens of millions of lives to Western Europe. England is a country that is open to accepting the entry of foreigners. Apart from the conflict, the ease of getting a job and a livelihood also has a significant impact on increasing immigration. This immigrant Phenomenon gives birth to social unrest, namely stereotypical discrimination. The development of ideologies such as xenophobia and religiophobia which spread fear and hatred of foreign people and religions makes minority groups afraid of being attacked. This small group had faced difficulties such as refusal to live in the environment, especially in urban areas. Not to mention the racial and gender factors that position women under the power of the opposite sex. Stereotyped perspectives affect the psychology of outnumbered groups, which can lead to fears of being attacked by the dominant group both verbally and physically. This paper aims to find out how social factors such as ethnic origin, religion, type of region, and gender of the population in England and Wales can explain the fear of attacks. This examination uses multivariate analysis and draws on the 2013-14 England and Wales Crime Survey.
Abstract: Historically, the UK has been known as a very heterogeneous country. Since the Middle Ages, racial and religious diversity has increased and is increasing again in the modern era. The outbreak of immigrants in Europe occurred in early 2010, as several crises in Africa and the Syrian war drove tens of millions of lives to Western Europe. England is ...
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Prosecuting Crime of Genocide in Ethiopia: A Case Comment on SPO vs. Tekleberhan Negash et al
Issue:
Volume 5, Issue 2, June 2022
Pages:
153-159
Received:
24 February 2022
Accepted:
6 April 2022
Published:
20 April 2022
DOI:
10.11648/j.ijls.20220502.12
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Abstract: The crime of genocide was first enshrined under the 1948 Convention on the Prevention and Punishment of crime of Genocide. Before 1948, acts that constituted to genocide documented during WWII were never articulated as crimes of genocide in the International Military Tribunal and International Military Tribunal for the Far East. Instead, these conduct formed part of crimes against humanity and their prosecution was limited to that. However, after the adoption of the 1948 Genocide Convention, subsequent instruments such as the ICTR Statute, ICTY Statute and the Rome Statute in the 1990s specifically enshrined the crime of genocide independent and separate from crime against humanity. Ethiopia is not new to prosecuting and punishing international core crimes. In Ethiopia, the “Derg” era was characterized by the execution and disappearance of thousands of dissidents. This article critically analyses the sentencing judgment issued on 04 November 2002 by the Tigrian State Supreme Court in the case of Tekleberhan Negash and his co-accused who had been tried, among others, on charges of genocide crime. This case was only one of the numerous cases decided by Ethiopian Courts for genocide crime committed during the “Derg” regime. Thus, it is a doctrinal legal research by using Ethiopia’s and International Criminal Law, Decided Case, and conceptual approaches. Accordingly, it has analyzed this nationally prosecuted international core crimes cases in light of international criminal law standards with special reference to the law of genocide.
Abstract: The crime of genocide was first enshrined under the 1948 Convention on the Prevention and Punishment of crime of Genocide. Before 1948, acts that constituted to genocide documented during WWII were never articulated as crimes of genocide in the International Military Tribunal and International Military Tribunal for the Far East. Instead, these cond...
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The Prison of Pleasure: Adulterous Men Who Dishonour God in Villa de Niña de la Candelaria 1801
Issue:
Volume 5, Issue 2, June 2022
Pages:
160-168
Received:
8 December 2021
Accepted:
30 December 2021
Published:
10 May 2022
DOI:
10.11648/j.ijls.20220502.13
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Abstract: Analyzing the different behavioral patterns within the society of the Viceroyalty of Nueva Granada in relation to the administration of justice intertwined with the indoctrinations and rules established by the Catholic Church throws us into a clear Gordian knot in the way of seeking solutions to the different internal conflicts within it. This research has as a starting point the analysis of the memorials of justice found in the General Archive of the Nation of Colombia in its digital section, which shows us the clear plurality of imparting justice through the pedantic judges in the different historical junctures, Thus, the objective is to carry out a qualitative analysis of the predominant status quo in the administration of justice through the transversality of a file of the Viceroyalty of New Granada in 1801 on the dishonor to God through sex in prison life up to its conjunctural reality with the different laws, customs, culture and religious emphasis. By having a transversal research proposal between history and law, the methodology of historical research is implemented, through the set of techniques, methods and procedures used for documentary analysis, which is evaluated through its contrast with primary and secondary sources, both historical and legal. This is necessary in the study of historical records that evoke events, to be able to break them down into all their parts and obtain a better objective view of the current reality studied, thus allowing the understanding of possible collective and personal imaginaries through syntheses that reconstruct and explain the historical fact hand in hand with the laws of the time to be analyzed, where it can be concluded that the sexual behaviors of men and women in society were determined by the Catholic Church but therefore should not be left aside the discourse of the rest of the authorities, these crimes against sexual morality always became part of a public scandal which increased the importance of this, but more so when it was provoked by an official because when he accepted the position he was not only at the service of the crown and the people, but also before God, so he incurred in a double fault, both moral for the church, and ethical for the misuse of power.
Abstract: Analyzing the different behavioral patterns within the society of the Viceroyalty of Nueva Granada in relation to the administration of justice intertwined with the indoctrinations and rules established by the Catholic Church throws us into a clear Gordian knot in the way of seeking solutions to the different internal conflicts within it. This rese...
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Research on the Characteristics of Bioterrorism Crime Under the New Situation
Jian-guo Zang,
Tingting Xue
Issue:
Volume 5, Issue 2, June 2022
Pages:
169-174
Received:
1 April 2022
Accepted:
26 April 2022
Published:
10 May 2022
DOI:
10.11648/j.ijls.20220502.14
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Abstract: The current global biosecurity situation is becoming more and more severe. Globalization has facilitated the cross-border spread of infectious diseases and bioterrorism risks. The hidden hazard of bioterrorism attacks facing countries all over the world is gradually increasing. Bioterrorism is a typical “black swan” risk. Based on the literature research methodology and case study, this paper systematically explains the criminal features of the subject, object, type, means and behavior disposal of bioterrorism crime from the perspective of biological characteristics. Including: bioterrorism crimes show a diversity of criminal subjects, refer to state actors, terrorist organizations, individuals and other non-state actors; criminal objects are extensive, especially for food, medicine, environment, grassland, biology, etc.; crime types are diverse, It is mainly spread through pathogens, people, logistics systems, etc.; the means of crime are concealed, the detection is difficult, and the harm is serious; the criminal behavior is difficult to deal with, and the risks exist for a long time. In the context of the international epidemic, counterterrorism is facing a growing number of challenges. Terrorism and viruses, regardless of borders, are equally harmful to all people. Bioterrorism is rampant everywhere like a virus, seriously threatening national security, social order and people’s well-being. Bioterrorism crime has become the main defense object of international anti-terrorist threat.
Abstract: The current global biosecurity situation is becoming more and more severe. Globalization has facilitated the cross-border spread of infectious diseases and bioterrorism risks. The hidden hazard of bioterrorism attacks facing countries all over the world is gradually increasing. Bioterrorism is a typical “black swan” risk. Based on the literature re...
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Maintenance in the Portuguese Legal System – Some Notes and Reflections
Cristina Araújo Dias,
Rossana Martingo Cruz
Issue:
Volume 5, Issue 2, June 2022
Pages:
175-181
Received:
28 December 2021
Accepted:
13 January 2022
Published:
24 May 2022
DOI:
10.11648/j.ijls.20220502.15
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Abstract: Family solidarity explains maintenance, alimony and child support as important constituents in Family Law. The legal imperatives inherent to a duty of maintenance, make possible the support of people who are – or were – close. Many family relationships contain this possible obligation, even though the legislator draws certain requirements and limits to this duty. This concern for maintenance in case of need is, likewise, common to several legal systems. In the Portuguese legal system, article 2009 of the Civil Code presents, in a hierarchical manner, those who are obliged to this duty. All of them have a legal-family relationship tie that justifies this. However, the scope of this right varies according to the beneficiary, although it is undisputable – in terms of rules and mechanisms of enforcement – when related to children, as we will see. There are different rules regarding the duty to provide to family members. In fact, maintenance can have different contours if it regards children, adults, spouses, ex-spouses, etc. At the same time, it is also relevant to address the means for reacting to non-compliance when this duty exists and it is not respected. In this text we will present the outline of the Portuguese right to maintenance: its notion, nature and regime; and also a critical standpoint of it.
Abstract: Family solidarity explains maintenance, alimony and child support as important constituents in Family Law. The legal imperatives inherent to a duty of maintenance, make possible the support of people who are – or were – close. Many family relationships contain this possible obligation, even though the legislator draws certain requirements and limit...
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Key Shortcomings of the Constitutional-Political System Perpetuate the Disorganization of the State-Entities
Karla Pranjic,
Stjepo Pranjic
Issue:
Volume 5, Issue 2, June 2022
Pages:
182-197
Received:
27 April 2022
Accepted:
12 May 2022
Published:
24 May 2022
DOI:
10.11648/j.ijls.20220502.16
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Abstract: In 1995, Croats, Bosniaks, and Serbs stopped their war, under international coercion, in the preamble, and negotiated a provision according to which they, as constituent peoples, negotiated the Constitution of BiH. This provision represents a principle of constitutiveness of the Constitution and all other constitutional principles are its derivatives, i.e. without it (consent of the Constitution-makers) there would be no Constitution and then without its normative concretization into a case study there is no viable or maintained state. Since this agreement was created under coercion, then the (constitutive principle) the Constitution or BiH as a complex state is of an artificial character, which results in constant instability caused by conflicts over the status of constituent peoples. The status of constituent peoples is not ensured by equal rights of the two entities or equal influence in joint institutions. While one people has the right to adopt a constitution as an act exercising the right to self-organize its own entity, the other two peoples do not have that right. The asymmetric character, powers and functions of the House of Peoples in the two entities, and then inconsistent election rules and their interpretation, violation of suffrage, circumvention of the principle of parity and influence of the constituent people in the House of Peoples and in the institution of the collective Head of State, undermine the federal and constitutive principle of state - entity organization.
Abstract: In 1995, Croats, Bosniaks, and Serbs stopped their war, under international coercion, in the preamble, and negotiated a provision according to which they, as constituent peoples, negotiated the Constitution of BiH. This provision represents a principle of constitutiveness of the Constitution and all other constitutional principles are its derivativ...
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Analysis of the Rise of Divorce Cases During the COVID-19 Pandemic
Aziizah Nur Fauzi,
Muhammad Irfan Syaifuddin,
Atika Suri Nur Fauziah,
Umma Ainayah
Issue:
Volume 5, Issue 2, June 2022
Pages:
198-202
Received:
4 April 2022
Accepted:
16 May 2022
Published:
26 May 2022
DOI:
10.11648/j.ijls.20220502.17
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Abstract: In Islamic law, divorce is known as talaq and khuluk. Talaq is a divorce whose initiative comes from the husband, while Khuluk is a divorce with the initiative of the wife. However, a family that is divorced using Islamic law will be troublesome for both parties, because the Islamic law of a divorce only uses no verbal one which legally states divorce. Therefore, in Indonesia, a law on divorce has been made so that neither party is harmed by the divorce or does not make it difficult for both parties if they want to remarry and also does not make it difficult for children to earn a living from their biological father. Divorce is a legal event, and then it should be an event carried out in accordance with rules of legal and judicial procedures. Otherwise it will result in lack recognized a divorce, this is in line with what is mandated in Law No. 1 of 1974 on article 38 and 39. Covid 19 has increased divorce in Indonesia by 5%, because some families experience difficulties in the economy. Divorce is often regarded as the best solution to end a marriage even though there will be consequences divorce, especially regarding the problems of the two children both morally and materially. The purpose of this journal is to explain some of the impacts that will be obtained, in the event of a divorce. In conclusion, a divorce has a negative impact, especially on children.
Abstract: In Islamic law, divorce is known as talaq and khuluk. Talaq is a divorce whose initiative comes from the husband, while Khuluk is a divorce with the initiative of the wife. However, a family that is divorced using Islamic law will be troublesome for both parties, because the Islamic law of a divorce only uses no verbal one which legally states divo...
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Checks and Balances in Enterprises’ Use of Personal Data
Issue:
Volume 5, Issue 2, June 2022
Pages:
203-210
Received:
1 June 2022
Accepted:
Published:
9 June 2022
DOI:
10.11648/j.ijls.20220502.18
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Abstract: When it comes to the use of personal data, enterprises’ legitimate rights and interests are protected by law. However, the protection of such rights and interests is limited. This study explores the checks and balances in enterprises’ use of personal data. The use of personal data applies the social governance concept of public interest protection and the theory of justice. To break the data monopoly that harms public interest, it is important to start from the confirmation of rights. The main aim of confirmation of rights is to determine the ownership of data rights and limits of exercising such rights. On the basis of the principle of hierarchy of interests, when commercial interests come into conflict with personality rights and interests, enterprises should give way to personality rights and interests and prioritize the protection of these rights in data, including the personality rights and interests of others and those of the enterprise itself. When using other people’s data for commercial purposes, enterprises must be careful not to infringe on the legitimate rights and interests of others, which is a requirement by the concept of balance of interests and the theory of justice.
Abstract: When it comes to the use of personal data, enterprises’ legitimate rights and interests are protected by law. However, the protection of such rights and interests is limited. This study explores the checks and balances in enterprises’ use of personal data. The use of personal data applies the social governance concept of public interest protection ...
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Justice Delay Leads to Justice Denial: Ethiopian Criminal Justice System Perspective
Issue:
Volume 5, Issue 2, June 2022
Pages:
211-216
Received:
5 May 2022
Accepted:
31 May 2022
Published:
9 June 2022
DOI:
10.11648/j.ijls.20220502.19
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Abstract: The implications of the Speedy Trial Act of 1974's time limits on the running of the Federal justice system have sparked heated controversy. Many people praise the Act as a necessary step toward ending court delays, congestion, and backlogs, as well as the Act's goals of lowering crime and the risk of recidivism. Others say that unless appropriate funding is provided for expanded court services to achieve the quick trial targets, they would exacerbate existing court difficulties. The discussions regarding state provisions for quick trials are similar. There are no simple solutions to complex situations, as is often the case. The proverbial saying “justice delayed is justice denied” is often quoted by lawyers not only in the Ethiopian’s but also in other countries to demand speedy disposition of criminal cases. The negative repercussion of this saying, however, is that some individuals give priority premium to speed rather than justice. Some use the saying to justify the pace of the trial that contravenes the notion of fairness. On the other hand, some individuals equate speed with undue haste offends the due process rights of accused persons. One thing is for sure; the word “speedy” should never be divorced from the word justice. For Speedy justice means that justice must be rendered efficiently. The following points have been discovered through the use of qualitative and doctrinal research methods in this study. Despite the fact that law enforcement personnel, defense attorneys, prosecutors, and judges at all levels of the criminal justice system have discussed the problem of quick trials, no consensus has emerged. The study has explored, a literature review primarily based on law journals, books, and periodic publications and followed by referring constitutional and statutory provisions as well as court rules and decisions pertaining to quick trials. For the purpose of clarity, some controversial cases are examined. The case was happening in 2002,” Siye Abreha” Vs Public Prosecutor” in this legal proceedings, the defendant was charged in corruption crime and received five years sentences from the legitimate court whereas he was actually served six years imprisonment whilst he was under the trail. Had it not been delay of justice, he would not have been spent two years and eight months beyond the actual sentences rendered by federal Courts and its parole.
Abstract: The implications of the Speedy Trial Act of 1974's time limits on the running of the Federal justice system have sparked heated controversy. Many people praise the Act as a necessary step toward ending court delays, congestion, and backlogs, as well as the Act's goals of lowering crime and the risk of recidivism. Others say that unless appropriate ...
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Land Issues in South Africa: Can Land Administration Save the Sinking Ship of Land Reform
Issue:
Volume 5, Issue 2, June 2022
Pages:
217-225
Received:
26 April 2022
Accepted:
19 May 2022
Published:
16 June 2022
DOI:
10.11648/j.ijls.20220502.20
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Abstract: This paper seeks to determine whether customary land tenure insecurity can be diminished by adopting sound land administration practices. In doing so, the link between a good land administration system and land tenure reform is established. This investigation is particularly probed by the Advisory Panel Report’s recommendation to adopt land administration as a forth tier to land reform. The paper investigates whether land administration reform can save the sinking ship of land reform. Against this background, the first part of this article briefly analyses the two types of tenure in South Africa namely, statutory and customary tenure. The intention is to compare the two and substantiate that although they are two sides of the same coin, customary tenure suffers insecurity while statutory tenure is hailed for its efficacy globally. A further examination of the principles of good land administration is carried out to determine how the South African customary tenure fares in sound land administration principles. Subsequently, possible avenues that can at the very least, offer some degree of tenure security are explored. In this regard, a hybrid system of land administration that involves titles and record keeping in customary areas to improve tenure of security is recommended. These suggestions rest on the hypothesis that with good land administration, customary tenure reform and in turn security, is achievable. Finally, further research on customary land administration within the South African context is recommended.
Abstract: This paper seeks to determine whether customary land tenure insecurity can be diminished by adopting sound land administration practices. In doing so, the link between a good land administration system and land tenure reform is established. This investigation is particularly probed by the Advisory Panel Report’s recommendation to adopt land adminis...
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The Natural Resource Crime Lexicon: Parlance, Proxies, and Polemic
Issue:
Volume 5, Issue 2, June 2022
Pages:
226-241
Received:
26 May 2022
Accepted:
22 June 2022
Published:
27 June 2022
DOI:
10.11648/j.ijls.20220502.21
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Abstract: During the last two decades, much has been probed and recorded in the historically discounted realm of natural resource crime and criminality. By and large, it appears that criminological intellectuals acquiesce that crime in this sphere of activity necessitates robust research intervention, and that it be accorded a status equal to that of other more traditional and pejorative crimes, so prevalent in society today. Although accord in this respect may be viewed as accomplished, there remains a nuanced and yet unsettled friction amongst scholars regarding the most astute and ethical terminology to embody and develop this form of crime and its future trajectory. At its heart, lies the argument that poly-discursive rhetoric and lexes cannot be used to justify hegemony over already embedded terms and/or doctrine. Little purchase can be seen in referring to crime in the natural resource ambit by multivalent and/or overbreadth terms. Doing so, subsidizes the myth of an international tolerance thereof crafted purely by the whims of certain authors in the face of an ostensibly weakening role of erstwhile and/or more logical (historiographical) associations. As with many other disciplines, tethering points related to criminal justice are contingent on intelligent interpretation of earlier times for signboards and runes mapping the future. Terms, and by implication, research rigor, are profoundly reliant on the context and explanations provided by raconteurs and erstwhile interlocutors. This evaluation formulates an argument for the abrogation of factionized, ambiguous and confusing natural resource crime nomenclature and the ensconcing of a single fit-for-purpose lexicon, namely conservation crime/criminology, to address issues of natural resource trauma primarily, as well its interface with the social environment as an ancillary, but proportionately significant dimension.
Abstract: During the last two decades, much has been probed and recorded in the historically discounted realm of natural resource crime and criminality. By and large, it appears that criminological intellectuals acquiesce that crime in this sphere of activity necessitates robust research intervention, and that it be accorded a status equal to that of other m...
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