Split Sciences: The Legal Accountability of Patients With Dissociative Identity Disorder

The thriller “Split” by M. Night Shyamalan showed a glimpse into the multiple personalities of the antagonist in the film. While many elements were added for intense suspense, the existence of such a disorder was factual. Dissociative Identity Disorder is defined by the American Psychiatric Association as a “psychological illness with 2 or more distinct identities, each accompanied by changes in behavior, memory, and thinking” (American Psychiatric Association). In a legal setting, the actions of the patients with DID have numerous ramifications. This paper aims to illustrate how the accountability of DID patients during a crime should be assessed. To find out how DID patients could be held accountable, we analyzed the disorder by researching the transformations in the brain, identified its origins, and explored the consequences in a judicial milieu. After conducting this research, we identified the solution that could be seamlessly embedded into our current society and benefit the patient as well as the courts. Through the analysis of the psychological disorder with a social lens, we evaluated that the jury and the public should be made more aware of the disorder and the court should not automatically assume innocence based on just the Insanity Defense. This plan is the best course of action for patients and the court systems and also aims to adapt societal thought to be more aware of DID’s difficulties.

Analysis of Medical Legal Order as A Basis For Settlement of Medical Malpractice Disputes

This study aims to determine whether the medical legal order can provide a solution for resolving medical disputes carried out by doctors against health service recipients in hospitals. The absence of a malpractice law creates confusion in decision making when doctors become involved in medical disputes. As primary legal material, is has a strong legal basis in making decisions on sanctions that can be imposed on doctors who commit malpractice by violating the professional code of ethics or working not according to standard operating procedures. The methods used are normative legar research methods and library legal research by conducting critical analysis on primary and secondy legal materials. The results of the study have shown that malpractice acts committed by doctors have a clear legal accountability mechanism ,as regulated in Health law number 36 of 2009, law number 29 of 2004 concerning medical practice.Administratively all forms of malpractice committed by docors can be threatened with criminal,civil,administrative sanctions an fines. At a more final level, administrative sanctions from malpractice acts committed by doctors can lead to on revocation of practice license.

Using Human Rights for Development: a Fiji Case Study

<p>Over the past decade there has been a marked shift towards human rights in the policy of multilateral development institutions, international non-governmental organisations (NGOs) and government donor agencies. 'Rights-based' development - in which development and poverty alleviation is viewed through a human rights lens - has become the language of choice among the international development community. As their proponents argue, rights-based approaches to development bring a degree of legal accountability to the alleviation of poverty, turning it from an act of charity to one of social justice. While this shift towards human rights is well documented at the global level, less is known about the understanding and use of human rights for development by NGOs at the local level. By focusing on a particular local context - Fiji - this research investigates how local NGOs understand and use human rights for development, and aims to identify the main challenges surrounding the use of human rights at this level. The findings from interviews with representatives of Fijian NGOs suggest that while human rights are being successfully applied to development in Fiji, they also face some challenges. Two of the most significant challenges are the politicised gap between human rights and development organisations and resistance to human rights on cultural grounds. These challenges demonstrate the impact local social, political and cultural contexts can have on the implementation of global ideas, and have numerous implications for the successful application of rights-based approaches to development at the local level.</p>

Using Human Rights for Development: a Fiji Case Study

<p>Over the past decade there has been a marked shift towards human rights in the policy of multilateral development institutions, international non-governmental organisations (NGOs) and government donor agencies. 'Rights-based' development - in which development and poverty alleviation is viewed through a human rights lens - has become the language of choice among the international development community. As their proponents argue, rights-based approaches to development bring a degree of legal accountability to the alleviation of poverty, turning it from an act of charity to one of social justice. While this shift towards human rights is well documented at the global level, less is known about the understanding and use of human rights for development by NGOs at the local level. By focusing on a particular local context - Fiji - this research investigates how local NGOs understand and use human rights for development, and aims to identify the main challenges surrounding the use of human rights at this level. The findings from interviews with representatives of Fijian NGOs suggest that while human rights are being successfully applied to development in Fiji, they also face some challenges. Two of the most significant challenges are the politicised gap between human rights and development organisations and resistance to human rights on cultural grounds. These challenges demonstrate the impact local social, political and cultural contexts can have on the implementation of global ideas, and have numerous implications for the successful application of rights-based approaches to development at the local level.</p>

Administrative offense as deterrent to prove objective aspect in criminal proceedings

The purpose of the article is to study administrative offense as a deterrent to proving the objective element in criminal proceedings. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, epistemological, logical and semantic, system and structural, normative and dogmatic, monographic, legal modeling methods. Research results: The article examines the problems of co-existence of administrative and criminal offenses. The signs of delimitation of these illegal acts are determined, as well as difficulties in defining and differentiating between administrative and criminal offences are established, which creates legal gaps and conflicts. The problem of administrative offense as a deterrent to proving the objective element in criminal proceedings is described. Practical implications: The main obstacles to legal accountability related to the consideration of administrative offenses are identified. Value / originality: The ways to overcome the above problems are proposed.

The Death of the Data Subject

This paper situates the data privacy debate in the context of what I call the death of the data subject. My central claim is that concept of a rights-bearing data subject is being pulled in two contradictory directions at once, and that simultaneous attention to these is necessary to understand and resist the extractive practices of the data industry. Specifically, it is necessary to treat the problems facing the data subject structurally, rather than by narrowly attempting to vindicate its rights. On the one hand, the data industry argues that subjects of biometric identification lack legal standing to pursue claims in court, and Facebook recently denied that that its facial recognition software recognizes faces. On the other hand, industry takes consent to terms of service and arbitration clauses to create enforceable legal subject positions, while using promises of personalization to create a phenomenological subject that is unaware of the extent to which it is being manipulated. Data subjects thus have no legal existence when it is a matter of corporate liability, but legal accountability when it is a matter of their own liability. Successful reform should address the power asymmetries between individuals and data companies that enable this structural disempowerment.

Corporate Legal Liability for Corruption in the Private Sector

Corruption in the private sector has been an emerging issue in Indonesia, regarded to become a serious problem to the rule of law. In this case, the problem is the difficulty in tracking down perpetrators of corruption in the private sector since legal accountability does not pay serious attention. For example, the Rolls Royce case involved many jurisdictions in Indonesia that experienced obstacles due to limited authority and low commitment from the country. This study aimed to examine how private sector corruption is linked to legitimizing bribery by foreigners by answering the following questions: what is the legal liability of corporations as perpetrators of corruption in the private sector? What are the legal mechanisms in Indonesia for understanding private sector corruption? In this study, the socio-legal method was used to analyze corruption as a national and international crime to respond to the raised legal issues. The socio-legal method is a legal research method that can do more than regulate the law. The results indicated that the pattern of corruption in the private sector for officials could result in corrupt policies. Furthermore, for the private sector, it can lead to unfair business competition. Therefore, it must be handled immediately so corruption cases in the private sector cannot continue to occur, causing harm to the public and indirectly affecting the country. KEYWORDS: Corruption, Criminal Liability, Private Sector.