Search results for "COERCION"
showing 10 items of 33 documents
Fra stato di necessità ed (illecito) intervento economico: il terzo "bail out" della Grecia
2015
Il lavoro affronta due questioni poste dall'intervento economico del Fondo monetario internazionale e del MES nella crisi del debito greco: da un lato, quello della sostenibilità del debito stesso e dell'applicabilità dei principi di diritto internazionale in tema di stato di necessità; da un altro lato, quello del carattere particolarmente intrusivo delle condizioni poste alla Grecia e della sua valutazione alla luce del principio di non intervento negli affari interni.
Class Actions or Collective Redress: The Need for an Efficient European Tool
2014
Collective redress makes sense both in court-based litigation and in alternative dispute resolution (ADR). Yet while the courts generally have a good sense of collective redress (though arguably there is room for improvements), in the second framework, there are some contradictions from a dogmatic point of view. When collective interests come up in conflict, judicial coercion and a judicial structure are often needed to resolve the conflict. In addition, the absence of a voluntary agreement, especially from the abuser’s side, makes it more difficult to resolve conflicts using ADR. The future EU Directive in Consumer Collective Redress aims to bring a new era to the field. In this paper, I s…
Serving God in a largely theocratic society: rivalry and cooperation between Church and King
2009
Theocracy may be understood in different ways. The meaning mostly used is government by priesthood but we may call that “ecclesiocracy” or “hierocracy.” Here, theocracy will designate government according to God’s prescriptions and wishes—with the specification that the implementation or satisfaction of these prescriptions and wishes should be a public or political rather than a private affair and should involve some degree of coercion. The two meanings are different notably because, in the second, priests need not be the ones, or the only ones, who rule on God’s behalf.
On Justifying Legal Paternalism
1990
. Paternalism, understood as coercive intervention with the behavior of a person in order to prevent her from causing harm to herself, is a highly controversial issue, because it implies a departure from the widely recognized principle of harm to others. Some conceptual differences between legal paternalism and other forms of state coercion that also depart from the principle of harm to others will be indicated. This is followed by an analysis of the arguments that are usually brought forth against legal paternalism. And finally, the possibility of determining ethically justifiable types of legal paternalism is explored.
Why daughters may choose early marriage
2019
The causes of early marriage often remain unclear. A new study tests whether parental interests and coercion explain high rates of marriage for girls aged 15–18 in rural Tanzania. It finds that most brides choose their own partners and do not suffer harm to their physical or mental wellbeing later in life, and suggests alternative explanations.
Why (Ever) Define Law and How To Do It
2016
The article examines different methods for defining law in the past and in current times, considering the evolution of law and its differentiation.
Coercion in a locked psychiatric ward: Perspectives of patients and staff
2013
Background: In spite of a national strategy for reducing coercion in the mental health services, Norway still has a high rate of involuntary treatment compared to other European countries. It is therefore crucial to study various parties involved in involuntary treatment in order to reduce coercion. Research question: How do patients and staff in a Norwegian locked psychiatric ward experience coercion? Research design: Participant observation and interviews. Participants: A total of 12 patients and 22 employees participated in this study. Ethical considerations: This study is accepted by the National Committee for Medical Health Research Ethics. Findings: The participants experienced coerci…
Parental Perceptions of the Use of Coercive Measures on Children with Developmental Disabilities
2016
Background Children with developmental disabilities who exhibit challenging behaviour are potentially subject to the use of coercive interventions. The aim of the study was to investigate the prevalence of the use of coercive measures by authorities, according to parents’ reports. Materials and Methods A postal survey was distributed, as a total population study, to 946 Finnish parents of children with developmental disabilities, between the ages of 5 and 15, and who were entitled to the highest disability allowance. Results Of the respondents, 54 (22%) answered ‘yes’ when asked whether their child had been subjected to coercive procedures by authorities. The parents had seldom approved the…
Multiple online victimization of Spanish adolescents: Results from a community sample.
2016
Little is known about online victimization of Spanish adolescents. The present study aims to determine the past-year prevalence of online victimization in a community sample of Spanish adolescents. The final sample consisted of 3,897 adolescents between 12 and 17 years old (M=14.45, SD=1.59), 1,836 males and 2,049 females, recruited from 39 secondary schools in the east of Spain. The Cuestionario de victimizacion juvenil mediante internet y/o telefono movil (hereinafter, Juvenile Online Victimization Questionnaire, JOV-Q, Montiel & Carbonell, 2012) was applied for the assessment of eight types of online victimization grouped in two major domains: sexual (sexual coercion, sexual pressure, on…
Market orientation: an antecedent to the industrial manufacturer's power
2004
This study looks at the relationships between the market orientation of the manufacturer and the sources of his or her power over the distributor. The effect these power bases have on the distributor's satisfaction with the relationship is also analysed. The aricle offers the results of a study, conducted in the ceramic tile sector in Spain, aimed at measuring the market orientation of manufacturers, their power bases as perceived by their distributors, and the latter's satisfaction with the relationship. The results show that manufacturers' market orientation has a positive effect on their reward power but not on their referent power, nor on their power of coercion. However, the reward, ex…