Pub Date : 2021-10-12DOI: 10.11648/J.IJLS.20210404.11
Alessandra Stringi, V. Caretti
In this work the authors want to offer a reading perspective that clarifies the dimensions underlying the development of a disturbed psychopathic personality. A relationship of dismissing/avoiding representation of attachment, together with emotional and physical abuse experiences and neglect, predispose to a dysfunctional answer to trauma and negative life experiences, reducing the individual resilience and encouraging the development of empathic inability and impulsivity. These aspects represent the expression of difficulty in modulating one's internal emotional states in a congruous manner to life contexts and social situations. Theorical constructs of reference used in this work are illustrated, regarding a psychopathy case, observed through the use of psychological tests. Through the TEC (Traumatic Experiences Checklist of Nijnhuis, Van der Hart and Vanderlinden) potentially traumatic events are investigated. Psychological functioning is observed through the PCL - R (Psychopathy Check List - Revised by Hare) interview, the outcome of which is compared to the scores of the MMPI - 2 (Minnesota Multiphasic Personality Inventory) by Hathaway and McKinley and DES (Dissociative Experience Scale by Eve, Carlson & Putnam). The global assessment of the personality profile also takes into account the mental state with respect to attachment with AAI (Adult Attachment Interview by George, Kaplan & Main; Main, Goldwyn & Hesse, to qualitatively investigate early relationships with the primary caregivers.
{"title":"Traumatic Developments and Psychopathic Personality: Example Through an Individual Case","authors":"Alessandra Stringi, V. Caretti","doi":"10.11648/J.IJLS.20210404.11","DOIUrl":"https://doi.org/10.11648/J.IJLS.20210404.11","url":null,"abstract":"In this work the authors want to offer a reading perspective that clarifies the dimensions underlying the development of a disturbed psychopathic personality. A relationship of dismissing/avoiding representation of attachment, together with emotional and physical abuse experiences and neglect, predispose to a dysfunctional answer to trauma and negative life experiences, reducing the individual resilience and encouraging the development of empathic inability and impulsivity. These aspects represent the expression of difficulty in modulating one's internal emotional states in a congruous manner to life contexts and social situations. Theorical constructs of reference used in this work are illustrated, regarding a psychopathy case, observed through the use of psychological tests. Through the TEC (Traumatic Experiences Checklist of Nijnhuis, Van der Hart and Vanderlinden) potentially traumatic events are investigated. Psychological functioning is observed through the PCL - R (Psychopathy Check List - Revised by Hare) interview, the outcome of which is compared to the scores of the MMPI - 2 (Minnesota Multiphasic Personality Inventory) by Hathaway and McKinley and DES (Dissociative Experience Scale by Eve, Carlson & Putnam). The global assessment of the personality profile also takes into account the mental state with respect to attachment with AAI (Adult Attachment Interview by George, Kaplan & Main; Main, Goldwyn & Hesse, to qualitatively investigate early relationships with the primary caregivers.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"231 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115501760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-10DOI: 10.11648/J.IJLS.20210403.18
Chen Jiandong, Jiang Zhengxiong, Wang Deling, Ni Zhangfeng
Since 2013, through including the people subject to enforcement in the list of dishonest persons and restricting their high consumption, the Supreme People's Court has played a positive role in urging those dishonest people to actively fulfill their civil legal obligations. The disciplinary measures against dishonesty affect every aspect in the daily activities of civil subjects. In this paper, the author adopt literature research on the provisions of disciplinary measures for dishonesty. Through literature research, this paper clarified the scope of the object for dishonest punishment, the specific measures of the dishonest punishment, and the current relief methods. At the same time, we also found the circumstances such as the legal system of disciplinary measures for dishonest is not complete, the provisions of relief channels need to be improved, lack of restrictions on civil rights of dishonest persons subject to enforcement among the punishment measures and lack the restrictions on foreigners among those dishonest person subject to enforcement. In this paper, by concluded in combination with other discussions, it is suggested to formulate a special "Social Dishonest Punishment Law", and the enforcement court of the people's court should be responsible for reviewing of the correction application of the dishonest persons. In addition, restrictions on certain rights of the dishonest persons subject to enforcement in the civil litigation and foreign people subject to enforcement against dishonest should be restricted from entering China or applying for permanent residence in China should also be included in the dishonest measures.
{"title":"Research on Disciplinary Measures of Dishonesty Against the Person Subject to Enforcement Under Chinese Civil Law","authors":"Chen Jiandong, Jiang Zhengxiong, Wang Deling, Ni Zhangfeng","doi":"10.11648/J.IJLS.20210403.18","DOIUrl":"https://doi.org/10.11648/J.IJLS.20210403.18","url":null,"abstract":"Since 2013, through including the people subject to enforcement in the list of dishonest persons and restricting their high consumption, the Supreme People's Court has played a positive role in urging those dishonest people to actively fulfill their civil legal obligations. The disciplinary measures against dishonesty affect every aspect in the daily activities of civil subjects. In this paper, the author adopt literature research on the provisions of disciplinary measures for dishonesty. Through literature research, this paper clarified the scope of the object for dishonest punishment, the specific measures of the dishonest punishment, and the current relief methods. At the same time, we also found the circumstances such as the legal system of disciplinary measures for dishonest is not complete, the provisions of relief channels need to be improved, lack of restrictions on civil rights of dishonest persons subject to enforcement among the punishment measures and lack the restrictions on foreigners among those dishonest person subject to enforcement. In this paper, by concluded in combination with other discussions, it is suggested to formulate a special \"Social Dishonest Punishment Law\", and the enforcement court of the people's court should be responsible for reviewing of the correction application of the dishonest persons. In addition, restrictions on certain rights of the dishonest persons subject to enforcement in the civil litigation and foreign people subject to enforcement against dishonest should be restricted from entering China or applying for permanent residence in China should also be included in the dishonest measures.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"252 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133224813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-31DOI: 10.11648/J.IJLS.20210403.16
Fikremariam Ghion, B. Haile
Various scientific studies and researches conclude that Ethiopia is a center of origin and diversity of Eragrostis Teff. Teff is a gluten free crop that has been originated and cultivated for centuries in Ethiopia. Due to its gluten free nature, most European and American consumers are fond this crop. This perhaps captures the interest of developed countries market which will contribute to the development and modernization of Ethiopia’s agriculture on which the country’s economy is massively dependent on. Conversely, as a result of the patent protection granted on Teff flour processing and the resultant gluten free Teff flour product made up of Teff and other gluten free and gluten containing crops in Europe, Ethiopia could not access European gluten free market. European patent on Teff flour processing granted by European Patent Organization (EPO) is still active and validated in some member countries to the European Patent Convention (EPC). Therefore, this research article will assess and evaluate the patentability requirements enshrined under EPC with the protection sought for Teff flour processing patent (Teff patent) granted by EPO. Further, domestic court decisions regarding Teff patent (decision of Hague court that hears the litigation between Ancientgrain BV vs. Bakels Senior NV) will also be analyzed to the extent relevant to this research article. At last, this article explores and discusses the domestic jurisdictions and laws that are necessary and instrumental for the invalidation/nullification of Teff patent.
{"title":"Nullification of European Patent: The Case of European Patent on Teff Flour Processing","authors":"Fikremariam Ghion, B. Haile","doi":"10.11648/J.IJLS.20210403.16","DOIUrl":"https://doi.org/10.11648/J.IJLS.20210403.16","url":null,"abstract":"Various scientific studies and researches conclude that Ethiopia is a center of origin and diversity of Eragrostis Teff. Teff is a gluten free crop that has been originated and cultivated for centuries in Ethiopia. Due to its gluten free nature, most European and American consumers are fond this crop. This perhaps captures the interest of developed countries market which will contribute to the development and modernization of Ethiopia’s agriculture on which the country’s economy is massively dependent on. Conversely, as a result of the patent protection granted on Teff flour processing and the resultant gluten free Teff flour product made up of Teff and other gluten free and gluten containing crops in Europe, Ethiopia could not access European gluten free market. European patent on Teff flour processing granted by European Patent Organization (EPO) is still active and validated in some member countries to the European Patent Convention (EPC). Therefore, this research article will assess and evaluate the patentability requirements enshrined under EPC with the protection sought for Teff flour processing patent (Teff patent) granted by EPO. Further, domestic court decisions regarding Teff patent (decision of Hague court that hears the litigation between Ancientgrain BV vs. Bakels Senior NV) will also be analyzed to the extent relevant to this research article. At last, this article explores and discusses the domestic jurisdictions and laws that are necessary and instrumental for the invalidation/nullification of Teff patent.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131065035","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-31DOI: 10.11648/J.IJLS.20210403.17
Zhang Xiaodong, Zhang Bingjian
For patented process, there may be a problem of divided infringement caused by multiple parties performing part of the method steps separately, especially in the field of electronic communication. Because there are some obstacles in the law and the traditional patent infringement theories, it is quite difficult to deal with the issues of divided infringement in China, whether direct infringement theory or indirect infringement theory is adopted. Some relative China judicial cases had attempted to breakthrough these obstacles, however, the authority rule is still not established. This paper firstly introduced three China cases -Watchdata v. Hengbao, Xidian Jietong v. Sony, and Dunjun v. Jixiang Tenda, then tried to learn from U.S. cases. After years of judicial experience, the U.S. courts paid more attention to the actual behavior of dominant party and have gradually established “control or direction” rule under the direct infringement theory when meeting divided infringement. Based on the analysis of relevant theories and cases, this paper suggests to make an judicial interpretation for “use the patented process” in rule 11 of patent law of China, and construct “control or direction” rule in China by diluting the subjective requirement of conscious connection by parties, investigating the major party of the key steps in executing the patented process to solve the problem of divided infringement.
{"title":"Research on Divided Infringement Judgment of Patented Process in China","authors":"Zhang Xiaodong, Zhang Bingjian","doi":"10.11648/J.IJLS.20210403.17","DOIUrl":"https://doi.org/10.11648/J.IJLS.20210403.17","url":null,"abstract":"For patented process, there may be a problem of divided infringement caused by multiple parties performing part of the method steps separately, especially in the field of electronic communication. Because there are some obstacles in the law and the traditional patent infringement theories, it is quite difficult to deal with the issues of divided infringement in China, whether direct infringement theory or indirect infringement theory is adopted. Some relative China judicial cases had attempted to breakthrough these obstacles, however, the authority rule is still not established. This paper firstly introduced three China cases -Watchdata v. Hengbao, Xidian Jietong v. Sony, and Dunjun v. Jixiang Tenda, then tried to learn from U.S. cases. After years of judicial experience, the U.S. courts paid more attention to the actual behavior of dominant party and have gradually established “control or direction” rule under the direct infringement theory when meeting divided infringement. Based on the analysis of relevant theories and cases, this paper suggests to make an judicial interpretation for “use the patented process” in rule 11 of patent law of China, and construct “control or direction” rule in China by diluting the subjective requirement of conscious connection by parties, investigating the major party of the key steps in executing the patented process to solve the problem of divided infringement.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127194281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-24DOI: 10.11648/J.IJLS.20210403.12
A. Mitra, N. Chakrabarti
The movement towards urban transformation has brought to light the need for modernization and technical sophistication of urban areas all across the globe. The smart cities have promised to serve the purpose of providing its residents the best amenities, infrastructure and security. In India too, the hundred smart cities are a part of the mission to transform urban areas through government and private enterprises and various developmental projects. In the process of this transition the law enforcement agencies are also witnessing a march towards technological advancements and better services to the stakeholders. In lieu of this, the present study is an attempt to unravel the opinion of the residents of two smart cities of Kolkata and Bhubaneswar setting priorities to the police commissionerates for initiating smart policing practices. Primary data has been collected through face to face interview of four hundred residents of two smart cities of eastern India namely Kolkata and Bhubaneswar. The residents have expressed their views about the priorities that the police in these cities should keep in mind while initiating best practices in smart policing. Further the findings have set forward a vision and goals that are to be given consideration to make the cities safer and secure for the residents. Technological upgradation to fight crimes, sustainable environments for the future generations and people friendly police can really fulfil the goals set forth.
{"title":"Priorities to Policing a Smart City: A Search for Predilection of the Citizens","authors":"A. Mitra, N. Chakrabarti","doi":"10.11648/J.IJLS.20210403.12","DOIUrl":"https://doi.org/10.11648/J.IJLS.20210403.12","url":null,"abstract":"The movement towards urban transformation has brought to light the need for modernization and technical sophistication of urban areas all across the globe. The smart cities have promised to serve the purpose of providing its residents the best amenities, infrastructure and security. In India too, the hundred smart cities are a part of the mission to transform urban areas through government and private enterprises and various developmental projects. In the process of this transition the law enforcement agencies are also witnessing a march towards technological advancements and better services to the stakeholders. In lieu of this, the present study is an attempt to unravel the opinion of the residents of two smart cities of Kolkata and Bhubaneswar setting priorities to the police commissionerates for initiating smart policing practices. Primary data has been collected through face to face interview of four hundred residents of two smart cities of eastern India namely Kolkata and Bhubaneswar. The residents have expressed their views about the priorities that the police in these cities should keep in mind while initiating best practices in smart policing. Further the findings have set forward a vision and goals that are to be given consideration to make the cities safer and secure for the residents. Technological upgradation to fight crimes, sustainable environments for the future generations and people friendly police can really fulfil the goals set forth.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130729251","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-10DOI: 10.11648/J.IJLS.20210403.11
Su Manman, S. Lei, Wang Yilin
Good governance of good law are the substantive rule of law, not only need the law to be good law, but also need the legal governance effect to be good governance. The key to achieve good governance of good law is the strict adherence to law, also need to assist in fair and democratic governance. The philosophical methods of judicial trial under good governance of good law is "Legalism-led Consequentialism Supplement", When there is a legitimacy crisis arising from the second-order reasons (i.e legal rules), it is necessary to use consequentialism to consider the law and other first-order reasons to make judgment. The application of consequentialism brings the judgment of media supervision and professional justice to a limited extent consistency, and the judicial timely response to the needs of social concerns, to a certain extent, it increases the smoothness of judicial supervision, but the two are naturally in conflict. The reasonable judicial supervision of media should be based on the requirement of tool rationality and value rationality in order to ensure the justice.
{"title":"Reasonable Basis for Media Judicial Supervision Under the Scope of Good Governance of Good Law","authors":"Su Manman, S. Lei, Wang Yilin","doi":"10.11648/J.IJLS.20210403.11","DOIUrl":"https://doi.org/10.11648/J.IJLS.20210403.11","url":null,"abstract":"Good governance of good law are the substantive rule of law, not only need the law to be good law, but also need the legal governance effect to be good governance. The key to achieve good governance of good law is the strict adherence to law, also need to assist in fair and democratic governance. The philosophical methods of judicial trial under good governance of good law is \"Legalism-led Consequentialism Supplement\", When there is a legitimacy crisis arising from the second-order reasons (i.e legal rules), it is necessary to use consequentialism to consider the law and other first-order reasons to make judgment. The application of consequentialism brings the judgment of media supervision and professional justice to a limited extent consistency, and the judicial timely response to the needs of social concerns, to a certain extent, it increases the smoothness of judicial supervision, but the two are naturally in conflict. The reasonable judicial supervision of media should be based on the requirement of tool rationality and value rationality in order to ensure the justice.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123074666","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-26DOI: 10.11648/j.ijls.20210402.22
Chen Jiandong, Jiang Zhengxiong, Wang Deling
Credit investigation report is an important social name card for individuals, enterprises and other information subjects. All kinds of wrong information in the credit investigation report will cause negative evaluation and actual losses to the information subject. Through the relevant cases analyzed by the people's court, the rights and interests protection of the subject of credit information involves the subject of credit information as a civil subject, the agency of credit information and the provider of credit information including civil and administrative subjects. It is still unclear how does the information subjects choose civil and administrative proceedings to safeguard their rights and interests. This is not only due to the imperfect legal provisions on the protection of credit information subjects in China, but also due to the uncertain boundary between the government's disclosure of personal information and personal privacy. For this, the author suggested to improve the legislation to Enhance the Responsibility of Regulatory Authorities to Protect the Rights and Interests of Information Subjects, set up the individual credit dispute arbitration mechanism host by the credit supervision authority, and participated by the information subject, credit agency, credit center or the information provider, processing the credit objections through the form of administrative arbitration.
{"title":"Case Study and Exploration for Legal Protection of the Rights and Interests of Credit Information Subjects Under Chinese Law","authors":"Chen Jiandong, Jiang Zhengxiong, Wang Deling","doi":"10.11648/j.ijls.20210402.22","DOIUrl":"https://doi.org/10.11648/j.ijls.20210402.22","url":null,"abstract":"Credit investigation report is an important social name card for individuals, enterprises and other information subjects. All kinds of wrong information in the credit investigation report will cause negative evaluation and actual losses to the information subject. Through the relevant cases analyzed by the people's court, the rights and interests protection of the subject of credit information involves the subject of credit information as a civil subject, the agency of credit information and the provider of credit information including civil and administrative subjects. It is still unclear how does the information subjects choose civil and administrative proceedings to safeguard their rights and interests. This is not only due to the imperfect legal provisions on the protection of credit information subjects in China, but also due to the uncertain boundary between the government's disclosure of personal information and personal privacy. For this, the author suggested to improve the legislation to Enhance the Responsibility of Regulatory Authorities to Protect the Rights and Interests of Information Subjects, set up the individual credit dispute arbitration mechanism host by the credit supervision authority, and participated by the information subject, credit agency, credit center or the information provider, processing the credit objections through the form of administrative arbitration.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122871221","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-15DOI: 10.11648/j.ijls.20210402.21
E. Ndzi
The use of zero hours contract (ZHC) amongst employers in the UK continue to grow with little or no job security. There has been growing concern on how this type of employment contract is affecting workers socially, economically, health and otherwise. Existing research on ZHC focuses on low paid jobs, hence the importance of this study. The aim of this paper is to investigate how ZHC affect the worker with a focus on establishing the difference in experience between workers from across different sectors. Data for the study is obtained from conducting thirty-six semi-structured interviews with people working on ZHC. Participants for the study worked in health, education, hospitality, security, construction, and retail sectors, to understand if worker’s experience might differ based on the sector in which they work. The result demonstrated that the use of ZHC contract has spread to sectors such as education (lecturing jobs) which are generally considered as high skilled jobs as opposed to prevalence of ZHC in low skilled jobs as documented by previous research. Flexibility remained the key element of ZHC that all the workers enjoyed and would like to retain. However, the uncertainty and insecurity of the contract affects workers financial stability, social and family life, job quality and satisfaction; career progression and health. The negative impact of ZHC is largely the same with workers in lecturing job driven by insecurity and uncertainty. Although workers in the education sector (teaching staff) reported knowing their schedule for a semester or academic year, issues such as the lack of opportunities for career progression, no/limited training provided where required, stress and anxiety relating to the insecurity and uncertainties remain a growing concern. The use of ZHC contract in sectors such as education (lecturing jobs) which are generally considered as high skilled jobs is concerning and demonstrate how precarious the United Kingdom’s labour market is increasing becoming insecure.
{"title":"An Investigation on the Widespread Use of Zero Hours Contracts in the UK and the Impact on Workers","authors":"E. Ndzi","doi":"10.11648/j.ijls.20210402.21","DOIUrl":"https://doi.org/10.11648/j.ijls.20210402.21","url":null,"abstract":"The use of zero hours contract (ZHC) amongst employers in the UK continue to grow with little or no job security. There has been growing concern on how this type of employment contract is affecting workers socially, economically, health and otherwise. Existing research on ZHC focuses on low paid jobs, hence the importance of this study. The aim of this paper is to investigate how ZHC affect the worker with a focus on establishing the difference in experience between workers from across different sectors. Data for the study is obtained from conducting thirty-six semi-structured interviews with people working on ZHC. Participants for the study worked in health, education, hospitality, security, construction, and retail sectors, to understand if worker’s experience might differ based on the sector in which they work. The result demonstrated that the use of ZHC contract has spread to sectors such as education (lecturing jobs) which are generally considered as high skilled jobs as opposed to prevalence of ZHC in low skilled jobs as documented by previous research. Flexibility remained the key element of ZHC that all the workers enjoyed and would like to retain. However, the uncertainty and insecurity of the contract affects workers financial stability, social and family life, job quality and satisfaction; career progression and health. The negative impact of ZHC is largely the same with workers in lecturing job driven by insecurity and uncertainty. Although workers in the education sector (teaching staff) reported knowing their schedule for a semester or academic year, issues such as the lack of opportunities for career progression, no/limited training provided where required, stress and anxiety relating to the insecurity and uncertainties remain a growing concern. The use of ZHC contract in sectors such as education (lecturing jobs) which are generally considered as high skilled jobs is concerning and demonstrate how precarious the United Kingdom’s labour market is increasing becoming insecure.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134289268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-09DOI: 10.11648/j.ijls.20210402.20
K. Omidire
Administrative justice should be a human right. However, it is not easily subsumed into the general body of human rights law because administrative law principles are largely procedural in character, hence, subject to domestic law. In some countries administrative justice is dependent on its development via common law by the courts, while in others is possible to have recourse to a constitutional provision permitting persons whose right is infringed by state action to seek constitutional redress. The article discusses administrative justice as a human right under the South African Constitution with a view to showing potential learning experience for other jurisdictions, and to possibly provide knowledge as to how best the legal framework pertaining to administrative justice could be developed to strengthen the protection of rights violated by action of government or those acting on its behalf. In South Africa, the Constitution and the PAJA constitute the source of the right to just administrative action while the common law ceases to have effect and will continue to inform the content of administrative law and other aspects of public law. The article shows how the Constitutional Court is empowered to develop the common law in relation to the application of the Bill of Rights to natural or juristic persons. The article concludes that constitutional and statutory provisions are available to facilitate the enforcement of the right to just administrative action, ensuring that every person ‘has the right to approach a court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief.’
{"title":"Administrative Justice as Human Right: A Perspective from South Africa","authors":"K. Omidire","doi":"10.11648/j.ijls.20210402.20","DOIUrl":"https://doi.org/10.11648/j.ijls.20210402.20","url":null,"abstract":"Administrative justice should be a human right. However, it is not easily subsumed into the general body of human rights law because administrative law principles are largely procedural in character, hence, subject to domestic law. In some countries administrative justice is dependent on its development via common law by the courts, while in others is possible to have recourse to a constitutional provision permitting persons whose right is infringed by state action to seek constitutional redress. The article discusses administrative justice as a human right under the South African Constitution with a view to showing potential learning experience for other jurisdictions, and to possibly provide knowledge as to how best the legal framework pertaining to administrative justice could be developed to strengthen the protection of rights violated by action of government or those acting on its behalf. In South Africa, the Constitution and the PAJA constitute the source of the right to just administrative action while the common law ceases to have effect and will continue to inform the content of administrative law and other aspects of public law. The article shows how the Constitutional Court is empowered to develop the common law in relation to the application of the Bill of Rights to natural or juristic persons. The article concludes that constitutional and statutory provisions are available to facilitate the enforcement of the right to just administrative action, ensuring that every person ‘has the right to approach a court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief.’","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123594402","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-31DOI: 10.11648/j.ijls.20210402.19
Alexander Glebovskiy
The fraud triangle (FT) predominantly focuses on individual perpetrators and ignores the complexity and diversity of causes of delinquency in business organisations. To this end, this article discusses the limitations of the FT in practice to analyse misconduct in the organisational context. The paper also provides suggestions to remediate conceptual weaknesses of the FT by addressing the realm of criminogenic antecedents facilitating, enabling and promoting illegal and unethical behaviour in organisational settings. In discussing the reasons as to why the FT fails to comprehensively explain the root-cause of misconduct displayed in businesses, this paper draws on relevant literature and theoretical perspectives on employee criminal and unethical conduct in the organisational context. The model of criminogenesis introduced in this article aims to evaluate the source of employee criminal and unethical activities. Thus, it reveals that employee behaviour is influenced by individual, organisational and environmental dynamics, including for instance: personality traits such as narcissistic, Machiavellian, and hubristic traits; criminogenic organisational settings; unethical organisational culture; poor leadership and social pressure. Employees lacking morality and self-regulation capabilities might be vulnerable to the influence of criminogenic forces, processes and conditions that increase individual propensity for unlawful and unethical practices. The general aim of the article is to contribute to the discussion on the causation of illicit and unethical acts carried out in, and by business organisations by connecting three different domains (environment, organisation, and individual) and addressing the effect of criminogenesis at the micro-, meso-, and macro- levels.
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