scholarly journals Beyond Legislation: Genuine Change in the Interaction between Victims of Sexual Crimes and the Criminal Law System

2015 ◽  
Vol 48 (3) ◽  
pp. 357-385
Author(s):  
Tzili Paz-Wolk
Keyword(s):  
Law Enforcement ◽  
Sexual Assault ◽  
Legal System ◽  
Criminal Proceedings ◽  
Sexual Crimes ◽  
Law System ◽  
Legal Contexts ◽  
Assault Victims ◽  
Modes Of Thought ◽  
Quantitative And Qualitative Methods

This article examines the changes in the encounter between sexual assault victims and representatives of the law enforcement and judicial systems in Israel as perceived by workers and volunteers in the sexual assault crisis centres. After more than four decades of action in legal contexts – from spurring changes in legislation, through the training of professionals within the legal system, up to escorting victims – it is still hard to find studies that describe any change beyond legislation and procedures in the forms that this encounter assumes in Israel and in the world.For the purpose of the study, this interaction was separated from the other aspects of the procedure, observed in depth and, with the interviewees' help, broken down into its relevant components. Data gathered and processed using quantitative and qualitative methods show that, according to the impression of the critical and experienced interviewees, representatives of the legal system truly endeavoured during the first decade of the second millennium to provide victims with better conditions than in the past, encouraging them to speak out in criminal proceedings.As a possible background for the changes in the interpersonal encounter, the article suggests focusing on two mutually related processes, historical but also ongoing. The first is a change in the modes of thought and action in the crisis centres that dealt with this matter and promoted specific changes in the interpersonal encounter. The second process is reflected in the way in which legislators chose to intervene in the interpersonal encounters through four sections in the Rights of Victims of Crime Law. These processes influenced one another and still largely accompany the developments in this sphere, teaching important lessons about change in systems that are not easily amenable to change.

scholarly journals The Dispute Settlement Model of Regional Head Election Perspective Theory of Legal System in Indonesia

2017 ◽  
Vol 5 (1) ◽  
pp. 97-106 ◽  
Author(s):  
Dedi Mulyadi ◽  
Tanti Kirana Utami
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Dispute Settlement ◽  
Descriptive Analysis ◽  
Legal Culture ◽  
Law System ◽  
Perspective Theory ◽  
The Law ◽  
The Moment ◽  
Electoral Law

The effectiveness of law enforcement depends on three law aspects; those are the structure of law, the substance of the law, and legal culture. Law structure is about the law enforcers, law substance is about the legislative means, and law culture is about a living law adopted by society. This study defines the background of simultaneous regional head elections in Indonesia, the problems of the simultaneous regional head elections in Indonesia, and the implementation of legal system theory to solve the simultaneous regional head election problems in Indonesia. The research method used is normative juridical with the specification of descriptive analysis research. The result of the research is needed permanent law structures that cover (Election Police, Election Prosecutor, Election lawyer, and Election Jury), the law substance through the issuing of general regulations (lex general) which can integrate the Laws of Legislative, Presidential, and Regional Head Elections (lex specialist) and the legal culture of society as human behavior (including the legal culture of law enforcement officers) on the electoral law and law system that are in force at the moment.

scholarly journals The Abolition of the Concept of “Causa” in French Civil Law

2021 ◽  
Vol 26 (5) ◽  
pp. 91-102
Author(s):  
Irina Cvetkova
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
General Principle ◽  
Civil Law ◽  
Roman Law ◽  
Individual Interest ◽  
French Law ◽  
Law System ◽  
Binding Force ◽  
Material Interest

Abstract Causa is a subjective motive that determines the content of the obligation or material interest, which encourages the party to the trade to enter into an obligation taking on the associated burdens. In the countries of continental (mainland) Europe that belong to the Romano-Germanic law system, such as Germany, France, and Italy, the goal (objective) of the parties to the trade, causa, is legally significant. In the theory of the Civil law of the Romano-Germanic system, there is a general principle – any obligation arises for some purpose, which is called the basis of obligation. Causa is an individual interest that meets the requirements of the legal system. France was one of the last European countries that did not recognise the contingency theory as a basis for regulating the binding force of a contract. In practice, the courts have faced criticism of the concept of causation from both doctrine and law enforcement practice. In 2016, there was a significant reform of the French law of obligations. Legal science, undeservedly, did not attach due importance to one of the most noticeable innovations within the framework of the mentioned reform – the abolition of the concept of “causa” (reason, basis) of the contract, which until recently was one of the most original features of the French law and originated from Roman law, which was fixed in the Napoleonic Code. In this article, the theoretical provisions for the abolition of the concept of causa in French civil law, within the framework of the reform of the Civil Code, were investigated, and the corresponding conclusions were drawn.

Children and Law in the Shadows: Legal Ideologies and Personal Strategies in Response to Parental Abductions in Japan

2021 ◽  
Vol 29 (3) ◽  
pp. 523-549
Author(s):  
Allison Alexy
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Family Law ◽  
Legal Consciousness ◽  
Legal Assistance ◽  
Family Conflicts ◽  
Japanese Family ◽  
Law System ◽  
The Family ◽  
Individual Strategies

Abstract In contemporary Japan, police and law enforcement are often reluctant to assist in family conflicts. In practice, law enforcement and the family law system offer little assistance for people struggling with family conflicts in particular, following the logic that “law does not belong in families.” This article examines the informal, familial, financial, and social means people use to solve what might be called “family problems” when formal legal assistance is foreclosed. Operating as alternatives to the legal system, these strategies nevertheless are structured directly in response to the formal legal system, what it supports and allows. The article uses theorizations of legal consciousness, law's “shadows,” and “order without law” to compare strategies and reactions of Japanese citizens and foreigners engaging the legal system in Japan. It argues that the written and unwritten rules surrounding Japanese family law reward those who seek solutions outside of formal channels, thereby co-constructing the legal system as unable to solve family conflicts. Linking individual strategies with outcomes, it concludes that family members who expect less assistance from the formal legal system often end up winning more.

scholarly journals Aspek Religius dalam Pembaharuan Hukum Pidana melalui Politik Hukum Nasional

2021 ◽  
Vol 23 (1) ◽  
pp. 27
Author(s):  
Brian Septiadi Daud ◽  
Awaluddin Awaluddin
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Research Method ◽  
Holistic Approach ◽  
Law Reform ◽  
Law System ◽  
Legal Thinking ◽  
Religious Aspects

The purpose of writing is to see about the Indonesian National Law System which is based on Pancasila, especially precepts I, and also to see the accommodation of religious aspects in carrying out Criminal Law Reform through National Law Politics. The research method used in this paper is normative juridical research. The results of research in creating a Pancasila-based legal system can be carried out by applying the juridical-religious principle (for the sake of justice based on divinity) not just a formality of decisions but a substantive / material justice. Then also the paradigm of legal thinking from positivistic to positistic-empirical, which is necessary to make genuine science and law enforcement more useful, including the use of a holistic approach by taking into account the conditions of society. And in carrying out a good reform of the National Criminal Law, it is better to look at religious-based aspects / values ​​and create policies that are in accordance with society in general.

PRINCIPLES OF BUDGET LAW: LEGAL NATURE, CONCEPT AND SYSTEM

2020 ◽  
Vol 10 (4) ◽  
pp. 116-122
Author(s):  
Ivanna Prots ◽  
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Law System ◽  
Legal Literature ◽  
Legal Nature ◽  
General Principles Of Law ◽  
The Difference ◽  
Definition Of ◽  
Law Making ◽  
Budget System

The article conducts a theoretical and legal study of the concept and system of principles of budget law, scientific approaches to understanding and implementing the principles of the budget system of Ukraine. The analysis of approaches to the definition of principles of law, financial law is carried out, definitions of principles of budgetary law which are contained in scientific national and foreign legal literature are considered, features of influence on the formation of principles of budgetary law and normative-legal fixing are specified. The difference between the principles of budget law and the principles of budget activity is indicated. The place of budget law as a sub-branch of financial law is defined. Budget law is an element of the financial law system. The system of principles in force in budget law is similar to the system of principles of financial law with the difference that a group of special principles is added to them. These principles can be called their own, as they apply only to budgetary relations, have a unique legal scope, and are externally normatively expressed in the budget legislation in the form of principles of the budget system of Ukraine. The system of principles of budget law includes: general principles of law inherent in the entire legal system; intersectoral principles inherent in financial law, all elements of this branch of law; principles inherent only in financial law and apply to all elements of this branch of law; principles inherent only in budget law, own principles that apply to all elements of this subsector and are normatively expressed in budget legislation as the principles of the budget system of Ukraine. The definition of �principles of budgetary law� is given, it is proved that as a mechanism of regulation of budgetary activity the principles are manifested in law-making and law-enforcement documents, normative-legal acts.

scholarly journals Semi-Confidential Settlements in Civil, Criminal, and Sexual Assault Cases

2018 ◽  
Author(s):  
Saul Levmore ◽  
Frank Fagan
Keyword(s):  
Sexual Assault ◽  
Legal System ◽  
Lower Cost ◽  
Third Parties ◽  
Criminal Cases ◽  
Direct Benefit ◽  
Litigation Process ◽  
Assault Victims ◽  
The Right

103 Cornell L. Rev. 311 (2018)Settlement is more likely if parties are free to set its terms, including a promise that these terms will remain secret between them. State sunshine-in-litigation laws work to defeat this incentive for confidentiality in order to protect third parties from otherwise unknown hazards. The intuition is that a wrongdoer should not be able to pay one plaintiff for silence at the expense of other victims. This Article begins by showing that the intuition is often wrong or overstated. A plaintiff who can assess a defendant’s vulnerability to future claims can extract a large enough settlement to provide substantial deterrence, and at a much lower cost to the legal system. The argument does not transfer well to most criminal cases, where the defendant might pay, not to avoid other claims, but to avoid incarceration, which offers no direct benefit to the settling victim. It is further complicated in sexual assault cases, where the plaintiff might settle too quickly in order to protect her privacy. The discussion works toward the idea that in some settings semi-confidentiality—the disclosure of the substance of settlement but not the magnitude of monetary payments— is superior to both secrecy and transparency. The right amount of confidentiality is a function of the parties’ interest in privacy, the likelihood that the wrongdoing is part of a pattern unknown to the settling plaintiff, and the accuracy of the litigation process that settlement seeks to bypass. We are able to identify cases where law ought to allow (even) criminal cases to be settled privately and confidentially, and also cases where even sexual assault victims should be steered away from confidential settlement and toward translucency.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Sign in / Sign up

Export Citation Format

Share Document