首页 > 最新文献

Journal of politics and law最新文献

英文 中文
Criminal Profiling: Framing of Charges Upon Sexual Offences 刑事侧写:性犯罪指控的框架
Pub Date : 2021-09-01 DOI: 10.5539/jpl.v14n4p103
M. Said, Haziratul Aqilah Huzailing, Vithiya Thevvi Paneerselvam, S. Woon, Amir Redza Ahmad Fuad, Maryam Kamaruzaman, Maisarah Mustaffa
In criminal profiling in cases involving sexual offences, the charges must be drafted with a great degree of precision. Every sexual offence has its individual elements that need to be fulfilled before a charge is preferred. There are instances where the defects in charges are rendered to be fatal to the prosecution’s case and instances where Section 422 comes to aid and cures the irregularities in the charge. The objective of this research is to identify the common features that render a charge defective in cases related to sexual offences, the effect of the defects. It also aims to analyse the courts’ approach to determine whether the particular defect is fatal or curable and suggest solutions in handling defective charges to achieve the ultimate purpose of ensuring that justice is served and eliminating any prejudice towards the victim accused. Generally, charges for sexual offences are rendered defective when the charge fails to specify the kind of act which constitutes the alleged sexual act and the related provision. In order to achieve the objectives of this research, qualitative research was conducted through library research, case studies and data analysis. The possible solutions to handle a defective charge would be to determine whether a particular defect in itself would cause a miscarriage of justice by misleading an accused and stripping off the rights of the accused to defend himself. Since the purpose of a charge is mainly to notify the accused, as long as the defect in the charge did not mislead the accused in defending himself, the defects are considered mere irregularities.
在涉及性犯罪案件的刑事定性中,必须非常准确地起草指控。每一项性犯罪都有其各自的要素,在提出指控之前需要满足这些要素。有些情况下,指控中的缺陷对检方的案件是致命的,也有第422条帮助和纠正指控中的违规行为的情况。本研究的目的是确定在与性犯罪有关的案件中,导致指控有缺陷的共同特征,以及缺陷的影响。它还旨在分析法院确定特定缺陷是致命的还是可以治愈的方法,并提出处理有缺陷指控的解决方案,以实现确保伸张正义和消除对受害者和被告的任何偏见的最终目的。一般来说,如果性犯罪的指控没有具体说明构成所指控的性行为的行为类型和相关规定,则该指控是有缺陷的。为了达到本研究的目的,通过图书馆研究、案例研究和数据分析进行了定性研究。处理有缺陷指控的可能解决方案是,确定特定缺陷本身是否会误导被告并剥夺被告为自己辩护的权利,从而导致误判。由于指控的目的主要是通知被告,只要指控中的缺陷没有误导被告为自己辩护,这些缺陷就被视为纯粹的违规行为。
{"title":"Criminal Profiling: Framing of Charges Upon Sexual Offences","authors":"M. Said, Haziratul Aqilah Huzailing, Vithiya Thevvi Paneerselvam, S. Woon, Amir Redza Ahmad Fuad, Maryam Kamaruzaman, Maisarah Mustaffa","doi":"10.5539/jpl.v14n4p103","DOIUrl":"https://doi.org/10.5539/jpl.v14n4p103","url":null,"abstract":"In criminal profiling in cases involving sexual offences, the charges must be drafted with a great degree of precision. Every sexual offence has its individual elements that need to be fulfilled before a charge is preferred. There are instances where the defects in charges are rendered to be fatal to the prosecution’s case and instances where Section 422 comes to aid and cures the irregularities in the charge. The objective of this research is to identify the common features that render a charge defective in cases related to sexual offences, the effect of the defects. It also aims to analyse the courts’ approach to determine whether the particular defect is fatal or curable and suggest solutions in handling defective charges to achieve the ultimate purpose of ensuring that justice is served and eliminating any prejudice towards the victim accused. Generally, charges for sexual offences are rendered defective when the charge fails to specify the kind of act which constitutes the alleged sexual act and the related provision. In order to achieve the objectives of this research, qualitative research was conducted through library research, case studies and data analysis. The possible solutions to handle a defective charge would be to determine whether a particular defect in itself would cause a miscarriage of justice by misleading an accused and stripping off the rights of the accused to defend himself. Since the purpose of a charge is mainly to notify the accused, as long as the defect in the charge did not mislead the accused in defending himself, the defects are considered mere irregularities.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43958540","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}
引用次数: 0
Reviewer Acknowledgements for Journal of Politics and Law, Vol. 14, No. 3 《政治与法律杂志》第14卷第3期书评人致谢
Pub Date : 2021-08-30 DOI: 10.5539/jpl.v14n3p154
William Tai
Reviewer acknowledgements for Journal of Politics and Law, Vol. 14, No. 3, 2021.
《政治与法律杂志》2021年第14卷第3期审稿人致谢。
{"title":"Reviewer Acknowledgements for Journal of Politics and Law, Vol. 14, No. 3","authors":"William Tai","doi":"10.5539/jpl.v14n3p154","DOIUrl":"https://doi.org/10.5539/jpl.v14n3p154","url":null,"abstract":"Reviewer acknowledgements for Journal of Politics and Law, Vol. 14, No. 3, 2021.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47704297","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}
引用次数: 0
"Humanism" and "Humanness": Dissolution and Reconstruction of Human Subjectivity in the Horizon of Technological Alienation “人本主义”与“人本性”:技术异化视野中人主体性的消解与重构
Pub Date : 2021-08-30 DOI: 10.5539/jpl.v14n3p149
Qinglong Zhou
The inquiry into the nature of modern science and technology is an in-depth discussion of the relationship between science and technology and human lifestyles, and the alienation of science and technology is a problem area that occupies an important position in this discussion. From a philosophical point of view, the humanistic and moral consideration of the alienation of science and technology, the comprehensive study and overview of the dialectical relationship between man and science and technology, are helpful to clarify the constructive relationship between the essence of science and technology and the true subjectivity of man. The essence of science and technology lies in the essence of human beings, and the root of the alienation of science and technology lies in the alienation of human nature. Therefore, from the perspective of "being human", through the liberation of modern science and technology, we can achieve the weakening of the alienation of science and technology, in order to realize the reconstruction of human subjectivity, and provide for the weakening of the shackles brought by the development of modern science and technology and the realization of free development of human beings. The theoretical perspective of philosophy.
对现代科学技术本质的探究是对科学技术与人类生活方式关系的深入探讨,而科学技术的异化是这一讨论中占据重要地位的问题领域。从哲学角度看,对科学技术异化的人文道德思考,对人与科学技术辩证关系的全面研究和概括,有助于厘清科学技术本质与人的真正主体性之间的建设性关系。科技的本质在于人的本质,科技异化的根源在于人性的异化。因此,从“为人”的角度出发,通过现代科学技术的解放,可以实现科学技术异化的弱化,从而实现人的主体性的重建,为弱化现代科学技术发展带来的束缚,实现人的自由发展提供了条件。哲学的理论视角。
{"title":"\"Humanism\" and \"Humanness\": Dissolution and Reconstruction of Human Subjectivity in the Horizon of Technological Alienation","authors":"Qinglong Zhou","doi":"10.5539/jpl.v14n3p149","DOIUrl":"https://doi.org/10.5539/jpl.v14n3p149","url":null,"abstract":"The inquiry into the nature of modern science and technology is an in-depth discussion of the relationship between science and technology and human lifestyles, and the alienation of science and technology is a problem area that occupies an important position in this discussion. From a philosophical point of view, the humanistic and moral consideration of the alienation of science and technology, the comprehensive study and overview of the dialectical relationship between man and science and technology, are helpful to clarify the constructive relationship between the essence of science and technology and the true subjectivity of man. The essence of science and technology lies in the essence of human beings, and the root of the alienation of science and technology lies in the alienation of human nature. Therefore, from the perspective of \"being human\", through the liberation of modern science and technology, we can achieve the weakening of the alienation of science and technology, in order to realize the reconstruction of human subjectivity, and provide for the weakening of the shackles brought by the development of modern science and technology and the realization of free development of human beings. The theoretical perspective of philosophy.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46918370","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}
引用次数: 0
The Influence of ‘Say on Pay’ on Excessive Executive Compensation in the UK and the US 薪酬话语权对英美高管薪酬过高的影响
Pub Date : 2021-07-28 DOI: 10.5539/jpl.v14n4p71
Zhe Wang, Yunjie Wu
Along with the separation of ownership and control in modern companies, the agency problem between shareholders and managers has become a core issue in corporate law. In recent decades, there was a trend of increasing executive compensation in many countries, which led to shareholders’ dissatisfaction and social concerns about the income gap. Since directors did not effectively solve the problem of excessive executive remuneration, many countries introduced the advisory shareholder vote on the remuneration report (‘Say on Pay’). It is a new mechanism that allows shareholders to vote on executive remuneration. After it was first introduced in the UK, many other countries including the US adopted ‘Say on Pay’ to relieve the problem of excessive executive remuneration. However, there is an ongoing debate about whether ‘Say on Pay’ has a meaningful influence on excessive executive compensation. Some believe that shareholder voting results lead directors to create better executive remuneration plans. Others argue that ‘Say on Pay’ contributes little to solving this problem. It is therefore essential to analyse the effects of ‘Say on Pay’ on solving the excessive executive remuneration problem in the UK and the US. This essay will analyse several arguments related to the influence of ‘Say on Pay’ on excessive executive compensation in order to demonstrate the reasons why ‘Say on Pay’ contributes little to solving the excessive executive remuneration problem in the UK and the US.
随着现代公司所有权与控制权的分离,股东与经理之间的代理问题已成为公司法的核心问题。近几十年来,许多国家都出现了高管薪酬增加的趋势,这导致了股东对收入差距的不满和社会担忧。由于董事并没有有效解决高管薪酬过高的问题,许多国家引入了对薪酬报告的咨询股东投票(“薪酬声明”)。这是一种允许股东对高管薪酬进行投票的新机制。在英国首次引入后,包括美国在内的许多其他国家都采用了“薪酬话语权”来缓解高管薪酬过高的问题。然而,关于“薪酬话语权”是否对高管薪酬过高产生了有意义的影响,目前仍存在争议。一些人认为,股东投票结果促使董事制定更好的高管薪酬计划。其他人则认为,“薪酬话语权”对解决这一问题的作用不大。因此,有必要分析“薪酬话语权”对解决英国和美国高管薪酬过高问题的影响。本文将分析与“薪酬话语权”对高管薪酬过高影响有关的几个论点,以论证“薪酬话语”对解决英国和美国高管薪酬过高问题贡献不大的原因。
{"title":"The Influence of ‘Say on Pay’ on Excessive Executive Compensation in the UK and the US","authors":"Zhe Wang, Yunjie Wu","doi":"10.5539/jpl.v14n4p71","DOIUrl":"https://doi.org/10.5539/jpl.v14n4p71","url":null,"abstract":"Along with the separation of ownership and control in modern companies, the agency problem between shareholders and managers has become a core issue in corporate law. In recent decades, there was a trend of increasing executive compensation in many countries, which led to shareholders’ dissatisfaction and social concerns about the income gap. Since directors did not effectively solve the problem of excessive executive remuneration, many countries introduced the advisory shareholder vote on the remuneration report (‘Say on Pay’). It is a new mechanism that allows shareholders to vote on executive remuneration. After it was first introduced in the UK, many other countries including the US adopted ‘Say on Pay’ to relieve the problem of excessive executive remuneration. However, there is an ongoing debate about whether ‘Say on Pay’ has a meaningful influence on excessive executive compensation. Some believe that shareholder voting results lead directors to create better executive remuneration plans. Others argue that ‘Say on Pay’ contributes little to solving this problem. It is therefore essential to analyse the effects of ‘Say on Pay’ on solving the excessive executive remuneration problem in the UK and the US. This essay will analyse several arguments related to the influence of ‘Say on Pay’ on excessive executive compensation in order to demonstrate the reasons why ‘Say on Pay’ contributes little to solving the excessive executive remuneration problem in the UK and the US.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44520045","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}
引用次数: 0
Sex Discrimination, the Civil Rights Act of 1964, Equal Pay, and Title IX as Applied to the Women’s National Soccer Team 性别歧视、1964年《民权法案》、同工同酬和适用于国家女子足球队的第九条
Pub Date : 2021-07-22 DOI: 10.5539/JPL.V14N4P55
R. Hunter, Héctor R. Lozada, Gary H. Kritz
This article presents the issues of sex discrimination, working conditions, and equal pay raised in the legal dispute between the United States Soccer Federation and the Women's National Soccer Team. The authors study the application of the Civil Rights Act of 1964 and the Equal Pay Act of 1963, and the implications of applying Title IX of the Education Amendments of 1972 to the U.S. Soccer Federation. The authors conclude by offering some observations and suggestions on the practical course of action that the US Women’s Soccer Team may consider in attempting to solve its dispute with the Federation.
本文介绍了在美国足球联合会和国家女子足球队之间的法律纠纷中提出的性别歧视、工作条件和同工同酬问题。作者研究了1964年《民权法案》和1963年《同工同酬法案》的应用,以及1972年《教育修正案》第九条对美国足球联合会的影响。最后,作者就美国女足在试图解决与国际足联的争端时可能考虑的实际行动过程提出了一些观察和建议。
{"title":"Sex Discrimination, the Civil Rights Act of 1964, Equal Pay, and Title IX as Applied to the Women’s National Soccer Team","authors":"R. Hunter, Héctor R. Lozada, Gary H. Kritz","doi":"10.5539/JPL.V14N4P55","DOIUrl":"https://doi.org/10.5539/JPL.V14N4P55","url":null,"abstract":"This article presents the issues of sex discrimination, working conditions, and equal pay raised in the legal dispute between the United States Soccer Federation and the Women's National Soccer Team. The authors study the application of the Civil Rights Act of 1964 and the Equal Pay Act of 1963, and the implications of applying Title IX of the Education Amendments of 1972 to the U.S. Soccer Federation. The authors conclude by offering some observations and suggestions on the practical course of action that the US Women’s Soccer Team may consider in attempting to solve its dispute with the Federation.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45800879","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}
引用次数: 0
The Interpretation of Structured, Systematic, and Massive Violations in the 2019 Presidential Election Dispute at the Indonesian Constitutional Court 印尼宪法法院对2019年总统选举争议中结构性、系统性和大规模违规行为的解释
Pub Date : 2021-07-13 DOI: 10.5539/JPL.V14N4P47
Heru Widodo
Based on the results of the election of candidates for President and Vice President of the Republic of Indonesia in 2019, an objection was submitted to the Constitutional Court over the results of the vote count by Candidate Pair 02 Prabowo-Sandi. Apart from questioning the correction of miscalculations, objections were also filed against various frauds that caused the candidate's defeat based on structured, systematic, and massive violations. In this article, the problems include: (1) How is the legal aspect of a structured offense, systematic and massive in disputes over election results? (2) What are the law enforcement regulations for election violations and disputes? (3) What is the interpretation of disqualification in the Constitutional Court Decision after the enactment of the Election Law and the Law on General Election of Regional Heads simultaneously? Data analysis used descriptive qualitative, by classifying, comparing, and linking legal materials with the subject matter. The conclusion is various reforms in law enforcement regulations for simultaneous election violations and disputes include the resolution of violations, criminal acts, and election disputes, including the resolution of structured, systematic, and massive violations, accompanied by strengthening of institutions and setting limits on the authority for settlement. In the 2019 Presidential and Vice-Presidential Election, the authority to enforce the law for measurable violations regarding the nomination requirements are submitted to the Election Supervisory Agency and disputed through the State Administrative Court. As for Structured, Systematic, and Massive violations, the reporting process is processed and decided by Bawaslu (Indonesian: Badan Pengawas Pemilu).
根据2019年印度尼西亚共和国总统和副总统候选人的选举结果,对候选人Pair 02 Prabowo Sandi的计票结果向宪法法院提出了反对意见。除了质疑误判的纠正外,还对基于结构化、系统性和大规模违规行为导致候选人失败的各种欺诈行为提出了反对意见。在这篇文章中,问题包括:(1)在选举结果争议中,结构化犯罪的法律方面是如何系统化和大规模的?(2) 针对选举违规和争议的执法规定是什么?(3) 《选举法》和《地区首长换届选举法》同时颁布后,宪法法院的裁决对取消资格有何解释?数据分析采用描述性定性,通过对法律材料与主题进行分类、比较和联系。结论是,针对同时发生的选举违规和争议的执法法规进行了各种改革,包括解决违规、犯罪行为和选举争议,包括解决有组织、系统和大规模的违规行为,同时加强机构并限制解决权力。在2019年总统和副总统选举中,对违反提名要求的可计量违法行为的执法权提交给选举监督机构,并通过国家行政法院提出争议。关于结构性、系统性和大规模违规行为,报告程序由Bawaslu(印尼语:Badan Pengawas-Pemilu)处理和决定。
{"title":"The Interpretation of Structured, Systematic, and Massive Violations in the 2019 Presidential Election Dispute at the Indonesian Constitutional Court","authors":"Heru Widodo","doi":"10.5539/JPL.V14N4P47","DOIUrl":"https://doi.org/10.5539/JPL.V14N4P47","url":null,"abstract":"Based on the results of the election of candidates for President and Vice President of the Republic of Indonesia in 2019, an objection was submitted to the Constitutional Court over the results of the vote count by Candidate Pair 02 Prabowo-Sandi. Apart from questioning the correction of miscalculations, objections were also filed against various frauds that caused the candidate's defeat based on structured, systematic, and massive violations. In this article, the problems include: (1) How is the legal aspect of a structured offense, systematic and massive in disputes over election results? (2) What are the law enforcement regulations for election violations and disputes? (3) What is the interpretation of disqualification in the Constitutional Court Decision after the enactment of the Election Law and the Law on General Election of Regional Heads simultaneously? Data analysis used descriptive qualitative, by classifying, comparing, and linking legal materials with the subject matter. The conclusion is various reforms in law enforcement regulations for simultaneous election violations and disputes include the resolution of violations, criminal acts, and election disputes, including the resolution of structured, systematic, and massive violations, accompanied by strengthening of institutions and setting limits on the authority for settlement. In the 2019 Presidential and Vice-Presidential Election, the authority to enforce the law for measurable violations regarding the nomination requirements are submitted to the Election Supervisory Agency and disputed through the State Administrative Court. As for Structured, Systematic, and Massive violations, the reporting process is processed and decided by Bawaslu (Indonesian: Badan Pengawas Pemilu).","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44088701","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}
引用次数: 0
US President Joe Biden’s Administration: A New U.S. Climate Change Agenda (U.S. CCA) 美国总统拜登政府:新的美国气候变化议程(U.S. CCA)
Pub Date : 2021-07-13 DOI: 10.5539/JPL.V14N3P124
Majid Asadnabizadeh
The climate change issue is a key principle for Mr Joe Biden’s administration. In this paper, author conducts a Qualitative Content-Analysis (QCA) method of the elements affecting Joe Biden’s administration about the new U.S climate change agenda (U.S. CCA). Thus, the question in this research is that why climate change is one of the important issues in the Biden administration? Based on this method and data analysis the publications were identified and divided to answer the basic question of this article. I differentiated between national and international levels. Hence, paper proposes two reasons, the Economic-based approach and the Individual approach at the national level, to abovementioned research question. In addition, two specific approaches are identified at the International level: global leadership on climate change, global cooperation on the climate change. The policy implications would seem to be that national elements by Economic-based approach and the Individual approach are critical in influencing Biden's new climate agenda.
气候变化问题是乔•拜登(Joe Biden)政府的一个关键原则。本文采用定性内容分析(QCA)方法分析了影响拜登政府关于美国新气候变化议程的因素。因此,本研究的问题是,为什么气候变化是拜登政府的重要议题之一?基于这种方法和数据分析,对出版物进行了识别和划分,以回答本文的基本问题。我把国内水平和国际水平区分开来。因此,对于上述研究问题,本文提出了两种理由:基于经济的方法和国家层面的个人方法。此外,在国际层面确定了两种具体方法:应对气候变化的全球领导和应对气候变化的全球合作。其政策含义似乎是,以经济为基础的方法和个人方法的国家因素对影响拜登的新气候议程至关重要。
{"title":"US President Joe Biden’s Administration: A New U.S. Climate Change Agenda (U.S. CCA)","authors":"Majid Asadnabizadeh","doi":"10.5539/JPL.V14N3P124","DOIUrl":"https://doi.org/10.5539/JPL.V14N3P124","url":null,"abstract":"The climate change issue is a key principle for Mr Joe Biden’s administration. In this paper, author conducts a Qualitative Content-Analysis (QCA) method of the elements affecting Joe Biden’s administration about the new U.S climate change agenda (U.S. CCA). Thus, the question in this research is that why climate change is one of the important issues in the Biden administration? Based on this method and data analysis the publications were identified and divided to answer the basic question of this article. I differentiated between national and international levels. \u0000 \u0000Hence, paper proposes two reasons, the Economic-based approach and the Individual approach at the national level, to abovementioned research question. In addition, two specific approaches are identified at the International level: global leadership on climate change, global cooperation on the climate change. The policy implications would seem to be that national elements by Economic-based approach and the Individual approach are critical in influencing Biden's new climate agenda.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45713564","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}
引用次数: 0
The Inspection on the Lack of Jurisdiction Defect in the Jordanian Administrative Judiciary 约旦行政司法管辖权缺失缺陷的考察
Pub Date : 2021-07-09 DOI: 10.5539/JPL.V14N4P38
Taha Atiyyat
The defect resulting from the lack of jurisdiction is regarded as a means to cancel an administrative decision for such the jurisdiction represents the cornerstone among the administrative law systems. Therefore, each authority is named to authority to exercise its jurisdiction according to the bylaws and regulations stipulated by the state. Despite the fact that there have been other defects to influence the legitimacy of the administrative decision, the lack of jurisdiction defect has still been the sole significant shortcoming affecting the public order.
由于缺乏管辖权而产生的缺陷被视为撤销行政决定的一种手段,因为管辖权是行政法律制度的基石。因此,根据国家规定的规章制度,将各机关命名为行使职权的机关。尽管存在影响行政决定合法性的其他缺陷,但缺乏管辖权缺陷仍然是影响公共秩序的唯一重大缺陷。
{"title":"The Inspection on the Lack of Jurisdiction Defect in the Jordanian Administrative Judiciary","authors":"Taha Atiyyat","doi":"10.5539/JPL.V14N4P38","DOIUrl":"https://doi.org/10.5539/JPL.V14N4P38","url":null,"abstract":"The defect resulting from the lack of jurisdiction is regarded as a means to cancel an administrative decision for such the jurisdiction represents the cornerstone among the administrative law systems. Therefore, each authority is named to authority to exercise its jurisdiction according to the bylaws and regulations stipulated by the state. Despite the fact that there have been other defects to influence the legitimacy of the administrative decision, the lack of jurisdiction defect has still been the sole significant shortcoming affecting the public order.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46298421","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}
引用次数: 0
The Minimum Wage as Method of Alleviating Poverty: Current Practices versus Alternative Policy and Legal Resolutions 最低工资作为减轻贫困的方法:当前实践与替代政策和法律决议
Pub Date : 2021-06-27 DOI: 10.5539/jpl.v14n4p14
Yuyang Li, Jie Zhang, Xinxin Deng
Poverty is a social issue that impacts much of the world, including the United States. Oftentimes, proponents of the minimum wage argue that a higher minimum wage would help alleviate poverty in the country. Whether or not there will be impacts, or how significant the impact will be, is a subject of debate. The paper first analyzes arguments in support of using the minimum wage to reduce poverty in the US. Then, arguments against the current minimum wage are presented. Discussion regarding alternatives or alterations to the current minimum wage is raised at the end of the paper that would provide a more sustainable and legally sound public policy choice. This includes an analysis of the current minimum wage policies in the city of Philadelphia as example.
贫困是一个影响世界大部分地区的社会问题,包括美国。最低工资的支持者经常认为,提高最低工资将有助于缓解该国的贫困。是否会产生影响,或者影响有多大,都是一个争论的话题。本文首先分析了美国支持使用最低工资来减少贫困的论点,然后提出了反对现行最低工资的论点。关于替代或修改现行最低工资的讨论在论文结尾提出,这将提供一个更可持续和法律上合理的公共政策选择。这包括对费城市现行最低工资政策的分析。
{"title":"The Minimum Wage as Method of Alleviating Poverty: Current Practices versus Alternative Policy and Legal Resolutions","authors":"Yuyang Li, Jie Zhang, Xinxin Deng","doi":"10.5539/jpl.v14n4p14","DOIUrl":"https://doi.org/10.5539/jpl.v14n4p14","url":null,"abstract":"Poverty is a social issue that impacts much of the world, including the United States. Oftentimes, proponents of the minimum wage argue that a higher minimum wage would help alleviate poverty in the country. Whether or not there will be impacts, or how significant the impact will be, is a subject of debate. The paper first analyzes arguments in support of using the minimum wage to reduce poverty in the US. Then, arguments against the current minimum wage are presented. Discussion regarding alternatives or alterations to the current minimum wage is raised at the end of the paper that would provide a more sustainable and legally sound public policy choice. This includes an analysis of the current minimum wage policies in the city of Philadelphia as example.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41856256","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}
引用次数: 0
Land in Liberia: The Initial Source of Antagonism Between Freed American Blacks and Indigenous Tribal People Remains the Cause of Intense Disputes 利比里亚土地:被解放的美国黑人和土著部落人民之间对抗的最初根源仍然是激烈争端的根源
Pub Date : 2021-06-27 DOI: 10.5539/jpl.v14n4p19
Stephen H. Gobewole
This study examines factors of land grabbing in Liberia, especially from tribal communities, due originally to different social expectations regarding land and contracts between indigenous people and settlers from America. In addition, land appropriation throughout the history of the Liberian nation is due largely to the Americo-Liberian oligarchy and public corruption. The study analyzes survey, empirical, and concession contracts data gathered by the Ministry of Internal Affairs, Sustainable Development Institute, Government of Liberia, Center for Transparency and Accountability in Liberia, and United Nations Mission in Liberia. It then correlates associations between a number of concession companies, their land acreage under operation, county acreage, and incidence of land grabbing to demonstrate an increase in disputes during the early 2000s due to practices of corrupt public officials. This has resulted from the consistent implementation of inequitable land laws, which have perpetuated land transfer from tribal communities to mostly Americo-Liberian descendants and foreign concessionaires. This land appropriation has fostered public corruption, increased land related disputes, and raised the level of conflict in Liberian society.
这项研究考察了利比里亚土地掠夺的因素,特别是部落社区的土地掠夺,最初是由于社会对土地的期望以及土著人民和美国定居者之间的合同不同。此外,利比里亚国家历史上的土地侵占主要是由于美国-利比里亚寡头政治和公共腐败。该研究分析了内政部、可持续发展研究所、利比里亚政府、利比里亚透明度和问责制中心以及联合国利比里亚特派团收集的调查、实证和特许权合同数据。然后,它将一些特许经营公司、其在运营的土地面积、县面积和土地掠夺发生率之间的关联联系起来,以表明在21世纪初,由于腐败公职人员的行为,纠纷有所增加。这是由于持续执行不公平的土地法造成的,这些法律使土地从部落社区永久转让给主要是美国裔利比里亚后裔和外国特许经营者。这种土地侵占助长了公共腐败,增加了与土地有关的争端,并加剧了利比里亚社会的冲突程度。
{"title":"Land in Liberia: The Initial Source of Antagonism Between Freed American Blacks and Indigenous Tribal People Remains the Cause of Intense Disputes","authors":"Stephen H. Gobewole","doi":"10.5539/jpl.v14n4p19","DOIUrl":"https://doi.org/10.5539/jpl.v14n4p19","url":null,"abstract":"This study examines factors of land grabbing in Liberia, especially from tribal communities, due originally to different social expectations regarding land and contracts between indigenous people and settlers from America. In addition, land appropriation throughout the history of the Liberian nation is due largely to the Americo-Liberian oligarchy and public corruption. The study analyzes survey, empirical, and concession contracts data gathered by the Ministry of Internal Affairs, Sustainable Development Institute, Government of Liberia, Center for Transparency and Accountability in Liberia, and United Nations Mission in Liberia. It then correlates associations between a number of concession companies, their land acreage under operation, county acreage, and incidence of land grabbing to demonstrate an increase in disputes during the early 2000s due to practices of corrupt public officials. This has resulted from the consistent implementation of inequitable land laws, which have perpetuated land transfer from tribal communities to mostly Americo-Liberian descendants and foreign concessionaires. This land appropriation has fostered public corruption, increased land related disputes, and raised the level of conflict in Liberian society.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49371378","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}
引用次数: 0
期刊
Journal of politics and law
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1