The law is just the law: analysing the definition of corruption in Zimbabwe

2018 ◽  
Vol 25 (2) ◽  
pp. 354-361 ◽  
Author(s):  
Prosper Simbarashe Maguchu
Keyword(s):  
Criminal Law ◽  
Design Methodology ◽  
Common Law ◽  
Content Type ◽  
Abuse Of Power ◽  
Law System ◽  
Normative Basis ◽  
The Law ◽  
Definition Of ◽  
Broad Overview

Purpose The purpose of this paper is to highlight the shortfalls of the legal definition of corruption in Zimbabwe. Design/methodology/approach Defining corruption is a universal challenge. Thus, in reviewing Zimbabwes definition, this paper also draws on other common law system jurisdictions based on English traditions and Sharia law to make a comparative analysis. The paper also takes a multi-disciplinary approach that transcend fields of law and anthropology. Findings Although criminal law can be used as the normative basis in the fight against corruption, it can also be used by the powerful to shield themselves from corruption, through its indeterminacy and interpretation. Be this as it may, real and firm law can assist in curbing the vice. Research limitations/implications The paper’s purview is limited both in terms of subject and scope. Although it starts by considering the definition of corruption to get a broad overview of this subject, it mainly focuses on the meaning of two popular concepts that are popularly identified with our understanding of corruption – abuse of power and public office. Originality/value The paper tries to establish a framework for understanding and curbing corruption through the use of statutory law.

The doctrine of Res Judicata in International Criminal Law

2003 ◽  
Vol 3 (3) ◽  
pp. 195-216 ◽  
Author(s):  
Rosa Theofanis
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Ad Hoc ◽  
International Criminal ◽  
Common Law ◽  
Civil Law ◽  
International Criminal Law ◽  
Res Judicata ◽  
The Law ◽  
Definition Of

AbstractRes judicata is well-settled as a general principle of international law. But the rules of res judicata in international criminal procedure are undeveloped. Recent cases from the ad hoc criminal tribunals for the former Yugoslavia and Rwanda have added to the understanding of res judicata in international law - demonstrating the risk that new rules of res judicata will implicitly incorporate either a common-law or civil-law definition of what the "law" is. Analysis of issues considered in recent Tribunal jurisprudence - particularly the questions of review and reconsideration - locates potential hazards in the development of the law and provides guidance for the application of the ICC statute.

The pursuit of illicit proceeds: from historical origins to modern applications

2014 ◽  
Vol 17 (3) ◽  
pp. 269-280 ◽  
Author(s):  
Robert G. Kroeker
Keyword(s):  
Criminal Law ◽  
Design Methodology ◽  
Common Law ◽  
Effective Response ◽  
Content Type ◽  
Modern Times ◽  
Beneficial Ownership ◽  
The Common ◽  
Asset Forfeiture ◽  
Historical Origins

Purpose – The purpose of the paper is to trace the historical foundations of forfeiture from antiquity to its migration into early criminal law statutes. From there the discussion turns to gaps in the law that gained recognition with the emergence of globalized economies and the development of technologies that allowed illicit wealth to be moved transnationally with ease and stealth. The balance of the paper will give an overview of the countermeasures taken in response to these gaps. The paper concludes with comment on the recent spread of non-conviction-based asset forfeiture laws and the practical use to which these laws can be put in relation to the tracing, seizing and forfeiture of illicitly acquired wealth. Design/methodology/approach – The paper opted for a historical legal review of the development of forfeiture laws in common law jurisdictions. Findings – The paper traces the development of the origins of forfeiture in the common law. It lays out the original compensatory objectives of forfeiture and its eventual migration into the criminal law. The paper describes how non-conviction-based asset forfeiture has evolved in modern times as a response to gaps in the criminal law that have been exposed by the pernicious aspects of globalized economies and the ease with which electronic intangible assets can be moved and beneficial ownership obscured. Originality/value – This paper provides an overview of the origins of forfeiture law and traces the use and adaptation of that law as an emerging and effective response to transnational money laundering.

Historical Experience of Criminalization: to the Centenary of the Guiding Principles on Criminal Law of the RSFSR

2019 ◽  
pp. 31-35
Author(s):  
Ivan Kozachenko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Historical Experience ◽  
Law System ◽  
Political Situation ◽  
Historical Method ◽  
Advantages And Disadvantages ◽  
Concept Planning ◽  
Guiding Principles ◽  
Definition Of

The creation of the Guiding Principles on the Criminal Law of the RSFSR of 1919 is studied taking into account extremely complicated internal and external political situation in the country at the beginning of the twentieth century. Using the methods of analysis, synthesis, as well as comparative and historical method, the author determines the significance of the Guiding Principles in the law system of the young Soviet state. Some key norms of the document are examined. In particular, the definition of criminal law is analyzed and its advantages and disadvantages are identified. It is noted that the definition of a crime was formulated too broadly, and more significant steps in criminalization of different acts were made with the adoption of the RSFSR Criminal Code of 1922. It is indicated which persons were not punished according to the Guidelines. Attention is drawn to the way in which such a method of protection as necessary defense was set forth in this act. The Guiding Principles are not without certain disadvantages: for example, the institution of complicity is not sufficiently disclosed, there is lexical redundancy in the definition of the concept «planning the offence». However, the discrepancies between the main provisions covered in the Guidelines are explainable and excusable, taking into account the historical situation at the time of their adoption. The analyzed document became the basis for Russian criminal law, and some of its provisions are still relevant.

Consent after the House of Lords: Taking and leading astray the Law of Theft

Legal Studies ◽  
1993 ◽  
Vol 13 (3) ◽  
pp. 308-322
Author(s):  
Mitchell C. Davies
Keyword(s):  
Criminal Law ◽  
House Of Lords ◽  
The Law ◽  
Definition Of ◽  
Specific Definition

The objectives of the Criminal Law Revision Committee when drafting the radical reforms proposed by the 1966 Theft Bill were described by a contemporary commentator2 as being: ‘. . . to do away with the more embarrassing and restrictive technicalities of the existing law . . .’In the same place it was observed that the Committee faced a choice between creating a specific definition of the various theft offences and their elements, or one whose generality would allow it to evolve to meet the challenges presented by ever more complex and sophisticated dishonest dealing.

The operational efficiency of passenger aircraft

2006 ◽  
Vol 78 (1) ◽  
pp. 32-38 ◽  
Author(s):  
Donald McLean
Keyword(s):  
Design Methodology ◽  
Operational Efficiency ◽  
Civil Aviation ◽  
Content Type ◽  
Transport Economics ◽  
Load Factors ◽  
Consistent Assessment ◽  
Definition Of ◽  
Passenger Aircraft ◽  
Practical Implications

PurposeTo provide for the use of airlines and other civil aviation organizations a practical definition of operational efficiency and to show how it can be determined.Design/methodology/approachA brief account of air transport economics is used to demonstrate how bom load factors and aircraft utilization need to be considered in assessing operational efficiency. Then other efficiencies are treated briefly before an example is given of how the better of two fictitious aircraft can be chosen for a particular route. A second example involving the calculation of the operational efficiency achieved by an imaginary airline is also given to show that the typical value is lower than might be expected, particularly in view of the relatively high load factors involved.FindingsProvides performance values and economic figures which are typical of current airline operations.Practical implicationsUse of the proposed definition will allow the consistent assessment of the economic performance of airlines.Originality/valueAt present there is no definition of operational efficiency in general use although it is greatly needed by airlines. The definition proposed in this paper is practical and easy to use.

A model for the elaboration of fair divisional projects in inheritance disputes

2018 ◽  
Vol 36 (2) ◽  
pp. 186-202
Author(s):  
Francesco Tajani ◽  
Pierluigi Morano
Keyword(s):  
Design Methodology ◽  
Market Value ◽  
Content Type ◽  
Mathematical Formulas ◽  
Mathematical Algorithms ◽  
Complex Inheritance ◽  
Fundamental Value ◽  
Definition Of ◽  
Calculation Software ◽  
Legal Right

Purpose The purpose of this paper is to develop a method to support the definition of efficient and fair divisional projects in particularly complex cases concerning inheritance disputes. Design/methodology/approach First, the approach involves an appraisal of the market value of the assets, along with an analysis of the respective conditions of concrete divisibility; then, two mathematical models have been developed for the assignment of the assets to the subjects involved in the divisional projects. The logic underlying of both models has been translated into mathematical algorithms that allow for the minimization of the monetary compensations resulting from the differences between the legal right shares and the actual portions to be attributed to them. Findings Both models have been developed through mathematical formulas that can be easily implemented by using an appropriate calculation software. They can be used in particularly complex inheritance divisions, in which the deceased’s assets are numerous and there are several heirs with similar or different legal right shares. Originality/value The methodology is useful in the disputes that could arise in hereditary successions. The fundamental value is that the models could support the definition of the best solution in particularly complex situations, characterized by a large number of assets to be assigned and/or the existence of “preferential” constraints for the assignment of the assets.

scholarly journals Gendering expert work and ideal candidacy in Finnish and Estonian job advertisements

2018 ◽  
Vol 33 (7) ◽  
pp. 544-560 ◽  
Author(s):  
Jatta Jännäri ◽  
Seppo Poutanen ◽  
Anne Kovalainen
Keyword(s):  
Design Methodology ◽  
Doing Gender ◽  
Content Type ◽  
Market Structures ◽  
Job Advertisements ◽  
Management Literature ◽  
Global Construction ◽  
Managerial Positions ◽  
Definition Of ◽  
The Ideal

Purpose This paper aims to analyse the ways the textual materials of job advertisements do the gendering for prospective expert positions and create a space for ambiquity/non-ambiquity in the gender labelling of this expertise. Expert positions are almost always openly announced and are important to organizations because they often lead to higher managerial positions. By gendering the prospective positions, the job advertisements bring forth repertoires strengthening the gendering of work and gendered expert employee positions. Design/methodology/approach This study draws on qualitative textual and visual data of open job advertisements for expert positions. The materials of the study are gathered from open job advertisements in two countries, i.e. Finland and Estonia with rather similar labour market structures in relation to gender positions but differing as regards their gender equality. Findings The analyses show that the gendering of expert work takes place in the job advertisements by rendering subtly gendered articulations, yet allowing for interpretative repertoires appear. The analysis reveals some differences in the formulations of the advertisements for expert jobs in the two countries. It also shows that in general the requirements for an ideal expert candidate are coated with superlatives that are gendered in rather stereotypical ways, and that the ideal candidates for highly expert jobs are extremely flexible and follows the ideal of an adaptable and plastic employee, willing to work their utmost. This paper contributes to the “doing gender” literature by adding an analysis of the textual gendering of ideal candidates for positions of expertise. Research limitations/implications The research materials do not expose all the issues pertinent to questions of the ideal gendered candidate. For instance, questions of ethnicity in relation to the definition of the ideal candidate cannot be studied with the data used for this study. Being an exploratory study, the results do not aim for generalizable results concerning job advertisements for expert positions. Originality/value This paper contributes to the “doing gender” and “gendering” literature by addressing the question of how and in what ways gender is defined and done for an expert positions prior the candidates are chosen to those jobs. It also offers new insights into the global construction of gendered expert jobs advertisements by addressing the topic with data from two countries. It further contributes to understanding the gendered shaping of expertise in the management literature.

A critical examination of the regulation of Ponzi scheme in Mauritius

2018 ◽  
Vol 60 (6) ◽  
pp. 1393-1400
Author(s):  
Valerie Uppiah
Keyword(s):  
Research Method ◽  
Design Methodology ◽  
Legal Framework ◽  
Critical Examination ◽  
Financial Crime ◽  
Modus Operandi ◽  
Content Type ◽  
Ponzi Scheme ◽  
Definition Of ◽  
Legal Mechanism

Purpose The purpose of this paper is to analyse the regulation of the financial crime of Ponzi scheme in Mauritius. Contrary to money laundering which has a legal framework to combat it, for Ponzi scheme, there is no specific legal mechanism to combat this particular financial crime. Therefore, the aim of the paper is to provide for an analysis of Ponzi scheme which includes, inter alia, the definition of a Ponzi scheme, its modus operandi and how it should be tackled. Focus will be placed on devising a specific legal framework for it in Mauritius. Design/methodology/approach The research method used to conduct this research and write this paper is a black letter legal research method. An analysis of several laws and cases is carried out so as to provide for the legal background of the research. Findings The investigation conducted in this paper will lead to the conclusion that Mauritius has to devise a law which will specifically combat Ponzi schemes. This law shall provide for the ways to counter this financial crime as well as the duties of the various financial supervisory bodies. Originality/value The paper provides for an analysis of the operation of Ponzi scheme in the Mauritian context. The paper also examines the existing legal framework that combats this financial crime in Mauritius and highlights its strengths and weaknesses.

20 years of ETHICOMP: time to celebrate?

2015 ◽  
Vol 13 (3/4) ◽  
pp. 166-175 ◽  
Author(s):  
Bernd Carsten Stahl ◽  
Charles M Ess
Keyword(s):  
Design Methodology ◽  
Ethical Issues ◽  
Special Issue ◽  
Content Type ◽  
Conference Series ◽  
Design Build ◽  
The World ◽  
Definition Of ◽  
Important Building Block ◽  
Academic Debate

Purpose – The purpose of this paper is to give an introduction to the special issue by providing background on the ETHICOMP conference series and a discussion of its role in the academic debate on ethics and computing. It provides the context that influenced the launch of the conference series and highlights its unique features. Finally, it provides an overview of the papers in the special issues. Design/methodology/approach – The paper combines an historical account of ETHICOMP and a review of the existing papers. Findings – ETHICOMP is one of the well-established conference series (alongside IACAP and CEPE) focused on ethical issues of information and computing. Its special features include: multidisciplinary and diversity of contributors and contributions; explicit outreach to professionals whose work is to design, build, deploy and maintain specific computing applications in the world at large; creation of knowledge that is accessible and relevant across fields and disciplines; intention of making a practical difference to development, use and policy of computing principles and artefacts; and creation of an inclusive, supportive and nurturing community across traditional knowledge silos. Originality/value – The paper is the first one to explicitly define the nature of ETHICOMP which is an important building block in the future development of the conference series and will contribute to the further self-definition of the ETHICOMP community.

Unfair dismissal in the Mauritius context: a comparative study

2018 ◽  
Vol 60 (6) ◽  
pp. 1299-1312
Author(s):  
Ambareen Beebeejaun
Keyword(s):  
Design Methodology ◽  
Research Work ◽  
Procedural Fairness ◽  
Content Type ◽  
Monetary Compensation ◽  
Unfair Dismissal ◽  
The Subject ◽  
The Law ◽  
Employment Rights ◽  
Practical Recommendations

Purpose The purpose of this study is to critically analyse the concept of unfair dismissal and to assess the extent to which the Employment Rights Act 2008 is affording protection to employees in Mauritius. The purpose of this study is to also demonstrate that as employees form an integral part of their workplace, their employment cannot be terminated without substantive and procedural fairness. The paper will provide some recommendations to cater for loopholes in existing Mauritius employment legislations. Design/Methodology/Approach To critically examine the topic, the black letter approach is adopted to detail legislations and judgments of courts on the subject matter. A comparative analysis with some other jurisdictions’ employment legislations is also carried out to define, explain and examine the concepts of dismissal, substantive causes such as misconduct and procedural fairness. Findings From the methodologies used, it is found that a substantial reason is not sufficient to conclude whether a dismissal is fair. The law of unfair dismissal has introduced some procedural safeguards to protect the employee from being unfairly and unjustifiably dismissed. The procedural requirements act as guidelines to employers and if they are not followed properly, the dismissal will be unfair. Unfair dismissal needs to be accompanied by remedies from employers, and monetary compensation has been found to be the most appropriate remedy. Originality/Value This paper is amongst the first research work conducted in Mauritius that compares the law of unfair dismissal and its implications with the laws of England and South Africa. The study is carried out with a view to provide practical recommendations in this area of employment law to the relevant stakeholders concerned.

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