Search results for " justice"
showing 10 items of 1145 documents
Constructive Leisure as a Strategy For Adolescents Integration in Conflict with the Law
2014
Las actividades de ocio deben representar por sí mismas, acciones educativas con capacidad de conquistar el espacio cotidiano de los nuevos tiempos. Además, se establecen como actividades constructivas en el tránsito hacia la madurez capaces de enlazar prácticas educativas con lúdicas. Cuando se producen fracturas entre estas dos dimensiones (aprendizaje y diversión), pueden generarse espacios sobre los que las actividades orientadas al recreo constituyan en si mismas un riesgo asociado a las propias dinámicas adolescentes. La alerta surge si estos períodos acaban por esconder otras actividades desviadas que, representadas en el espacio cotidiano, transformen rutinas lúdicas en habituales p…
Modernization and Social Work: Toward Governing Risks, Advanced Liberalism and Crumbling Solidarity?
2016
This introduction presents an overview of key concepts covered in the subsequent chapters of this book. The book discusses how the social work mandate has changed throughout history. It examines the conditions of social work as they relate to social, political and economic tendencies. The book describes how the social work mandate has changed and lays out its economic, political and social boundary conditions in Europe after World War II. It focuses on social work paradigms and theoretical considerations, in other words, phenomenological social work and practice research. The book explores how the fraud debate has its origin in the US, the leading country of neoliberal financial policy and …
The defendant’s guilt beyond a reasonable doubt in the Italian criminal justice system
2021
The criminal law standard of Beyond A Reasonable Doubt (BARD) constitutes an evidentiary and judicial rule, formulated and applied for centuries in common law jurisdictions, which was expressly stated in the Italian Code of Criminal Procedure only about fifteen years ago. Unfortunately, the concept of reasonable doubt is inherently complex and does not easily lend itself to definition or refinement. In this regard, the Author examines especially the various positions and elaborations developed by legal literature and case-law in Italy, proposing a specific interpretation of the BARD rule that enhances and completes the particular procedural connotations of the adversarial system adopted i…
El Tribunal de Justicia de la Unión Europea como garante de derechos constitucionales en los Estados: la doctrina Taricco
2021
In which scenario can the Court of Justice of the European Union appear as guarantor of the fundamental rights contained in the Constitution of a State of the Union? The analysis of the CJEU in the M.A.S. and M.B., in a preliminary ruling raised by the Italian Corte costituzionale, following the previous Taricco case, gives the CJEU the opportunity to draw this scenario, in a matter related to the criminal prescription in relation to value-added tax.Summary:I. Consecutive processes. II. Ivo Taricco case: principle of primacy. 1. Conformity with Union Law 2. Consequences of the incompatibility with the Law of the Union 3. Fundamental rights. III. M.A.S. and M.B. case: constitutional rights. …
Victims and appeals at the International Criminal Court (ICC) : evaluation under international human rights standards
2021
Scholars have examined victim participation and reparations at the ICC. Nevertheless, no academic study focuses on victim participants and victims as parties (reparations claimants) in ICC appeals under international human rights law (IHRL) standards. This article seeks to: determine how victims’ roles as victim participants and parties (reparations claimants) take place in ICC appeals; and evaluate ICC’s law/practice on victims’ procedural roles/rights in appeals under IHRL. Victims at the ICC exercise procedural rights to: voice their views and concerns in appeals against final and interlocutory decisions (victim participants); and appeal reparations orders (parties). ICC’s law/practice o…
‘There should be no open doors in the police’: criminal investigations in northern Ghana as boundary work
2012
ABSTRACTIn criminal investigations by police officers in northern Ghana, the lines are fluid: civilians arrest suspects on their own, assuming the tasks of the police. Police officers are heavily influenced by civilians, often forming paid alliances with them. Yet such entanglements paradoxically enable state policing and integrate the police into society in a context of low resources and low legitimacy. Other practices limit and frame such transgressions. Using the concept of boundary work, this article analyses how actors maintain and negotiate the seemingly blurred distinction between state and society in West Africa.
Brexit and Anti-Parliament Discourses among Conservative MPs (2016–2019)
2020
Abstract Brexit seems to have produced a new form of narrative in the Conservative Party in which some Conservative MPs brand themselves first and foremost as representatives of ‘the people’. Following on from the 2016 EU referendum, a new discourse has become prominent in the party and has also been developed as a new critique of the British Parliament. An analysis of Hansard debates between July 2016 and December 2019 helps identify different forms of anti-Parliament narrative which denounce the paralysis of the legislative process as well as its anti-democratic and conspiratorial features. By doing so, they reveal a radical departure from the historic values of the Conservative party suc…
The micro-politics of parliamentary powers : European parliament strategies for expanding its influence in the EU institutional system
2018
The European Parliament (EP) has gained considerable new powers since it was first established in 1952. Why has this happened, and how should the powers the EP possesses be assessed? This article suggests a novel approach that focuses on inter-institutional micropolitics and the processes in which the EP obtained its powers rather than treaty changes at IGCs. Interinstitutional micropolitics are carried out by institutions and their members who act politically and shape the EU’s system from within. The EP’s successes in interinstitutional micropolitics are shaped by (1) its existing powers that need to be assessed in their differentiation; (2) the interparliamentary setting and the power co…
Victims at the Central African Republic's Special Criminal Court
2021
The Central African Republic's Special Criminal Court (SCC), the latest hybrid criminal tribunal, may be considered an important legal development concerning victims of mass atrocities in international criminal justice mechanisms due to certain characteristics. Yet there is no academic commentary on victims at the SCC; this piece seeks to fill the gap. First it considers restorative justice as a general framework for victims’ roles and rights in criminal justice in contexts of mass atrocities. Second, victim matters at the SCC are examined: victim protection, victims as civil parties, and reparations. Overall, this paper argues that provisions on victims’ roles and rights contained in SCC i…
Voice and Culture: A Prospect Theory Approach
2014
The present study examines the congruence of individuals' minimum preferred amounts of voice with the prospect theory value function across nine countries. Accounting for previously ignored minimum preferred amounts of voice and actual voice amounts integral to testing the steepness of gain and loss functions explicated in prospect theory, we use curve fitting to show that ratings of procedural justice fit prospect theory's value function specifically. Further, we investigate the form of this function across nine countries that range in power distance. Results suggest that the form of the value function is congruent with prospect theory, showing an S-shaped curve that is steeper in the loss…