Global ETD Search

511	International crimes prosecution case selection : the ICC, ICTR, and SCSL Mahony, Christopher January 2013 (has links) International crimes prosecutions have become more common since 1993, both domestically and at international courts and tribunals. The advance of this norm confronts realist state interests causing debate about the norm's status. Kathryn Sikkink views a norm as cascading when enough states adopt it to cause international influence, without domestic pressure, to procure levels of conformity. This thesis considers the degree of conformity by observing the level of case selection independence to determine whether this norm is cascading. By identifying the jurisdictional and functional elements of case selection independence, I develop a framework for observing the interface between politics and law. While Sikkink errs towards the quantity of international crimes prosecutions, I focus on the quality. This project examines case selection independence at the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the International Criminal Court, in Uganda. The project considers whether case selection has become more or less independent at these courts - whether the norm of international crimes prosecution has cascaded or contracted. In observing the various case selection independence elements I attempt to explain the observed cascades and contractions at each court. I then consider whether a cascade or contraction occurred during the period of the courts' collective design and function. The research qualitatively observes a cumulative justice contraction. The research observes a combination of factors affecting case selection independence, including shifts in power dynamics between and among weak and powerful states, increasing state sophistication in international court engagement, a shift in jurisdiction triggering actors and forums, and realist state co-option of norm entrepreneurs via endearing explanation of independence-diminishing policies.
512	Professionalitetens gränser : Socialsekreterares erfarenheter av unga vuxna klienter med komplexa behov inom socialtjänst–ekonomiskt bistånd Han, Kilsoo January 2020 (has links) This study explores the experiences of the Swedish front-line social workers (socialsekreterare) in the municipal income support unit, Young Adults, monthly assessing the income support applications as well as daily processing the activation programs for young adult clients with mental ill-health combined with social-medicinal vulnerabilities, also referred to as young adults with complex needs. Furthermore, this study aims to illuminate the ever changing conditions of the Swedish welfare state and its underlying driving forces through the lens of the social workers. 9 Semi-structured distance interviews with 11 social workers from 6 municipalities belonging to 5 regions in Sweden, were conducted for the collection of qualitative data. It has been analyzed by the inductive-deductive coding as well as a theoretical frame consisting of concepts such as discretiona and advocacy of M. Lipsky, and reciprocal interaction (Wechselwirkung), form and contents, and call of G.Simmel. The result and analysis show that the rehabilitative approach based on the interactions and relations with the clients, is prevalent through the social workers’ processing of the activation program. It seems to be effective in a dyad, between the social workers and the client while the social workers’ discretion is maximized for the utilization of the agency (unit) activation resources. However, it proved not to be as effective in a triad or more when an extern agent outside of the unit, Young Adults begins to be involved. The tension is a fact and the social workers’ discretion is minimized when they have to process the activation program for the clients who are neither “active enough” to have a job in the ordinary labor market, nor “sick enough” to be eligible for the stately activity compensation (aktivitetsersättning) from the Social Insurance Agency (Försäkringskassan) which heavily relies on the medicinal expertise for its decision making. The social workers’ experience to fail to deliver the best possible results out of the activation programs, and the client relationship built on the rehabilitative approach turns out to be unsustainable, which can indicate the discrepancy between the rehabilitative approach as well as the activation programs, as content, and the unit, Young Adults, as form. Even though the social workers daily carry the ideological as well as the social-political tensions between the medicalization and the activation through the ever changing reality of the Swedish welfare state, their mandate to make an impact on the decision making of the activity compensation program, is rather limited, reflecting the Swedish welfare state’s expectation for the professionalism of the social workers. Rather striking that the social workers, however, confess that they in spite of the pressure of organizational efficiency as well as socio-economic discourse of digitalization undermining the concept of the unit, Young Adults, are not willing to give up the rehabilitative approach for the client’s sake but also to protect their unit, Young Adults, which postulate that they are not the gatekeepers in the agency but the advocate for the clients. In this moment, they also seem to know, and even have the call, the essential, if not mandatory, element needed to be landed in the perfect society of G. Simmel. front-line social workers street-level bureaucrats the Swedish social assistance agency income support unit income support activity compensation young adults youth clients mental ill-health complex needs activation medicalization rehabilitation discretion advocacy interaction relation form contents call. socialsekreterare gräsrotsbyråkrater socialtjänst ekonomiskt bistånd försörjningsstöd aktivitetsersättning unga vuxna klienter psykisk ohälsa komplexa behov aktivering medikalisering rehabilitering handlingsutrymme företrädarskap interaktion relation form innehåll kall. Social Work Socialt arbete
513	Správní tresty za přestupky a ochranná opatření / Administrative penalties for administrative delicts and protective treatment measures Čvančara, Michal January 2019 (has links) 1 Abstract - Administrative penalties and protection measures Description of all administrative penalties and protection measures is the primary goal of this thesis. Due to wide extent of chosen subject, this work aims to individual categories of administrative penalties and protection measures, examines every single condition for its imposition a notices possible contradiction within legislation. The thesis does not include the criteria for imposing penalties, noticed set from section 37 till section 44 Contraventions Act which serve as instruments for determination and length of penalties. Concurrence of contraventions is also not included. In the opening chapter the definition and description of an administrative liability is described as well as basic issues of administrative penalization, considered to be a part of administrative authority's activity. The resemblance of principles of criminal and contravention law is described, that leads to using the same principles either in criminal and contravention law. There's explored what basic sources of administrative penalization are. Each of following chapters describes one of the penalties set in section 35 Contravention Act. Every chapter begins with general description of the penalty and then depicts its main purpose for which it is imposed. Then...
514	A Pragmatic Standard of Legal Validity Tyler, John 2012 May 1900 (has links) American jurisprudence currently applies two incompatible validity standards to determine which laws are enforceable. The natural law tradition evaluates validity by an uncertain standard of divine law, and its methodology relies on contradictory views of human reason. Legal positivism, on the other hand, relies on a methodology that commits the analytic fallacy, separates law from its application, and produces an incomplete model of law. These incompatible standards have created a schism in American jurisprudence that impairs the delivery of justice. This dissertation therefore formulates a new standard for legal validity. This new standard rejects the uncertainties and inconsistencies inherent in natural law theory. It also rejects the narrow linguistic methodology of legal positivism. In their stead, this dissertation adopts a pragmatic methodology that develops a standard for legal validity based on actual legal experience. This approach focuses on the operations of law and its effects upon ongoing human activities, and it evaluates legal principles by applying the experimental method to the social consequences they produce. Because legal history provides a long record of past experimentation with legal principles, legal history is an essential feature of this method. This new validity standard contains three principles. The principle of reason requires legal systems to respect every subject as a rational creature with a free will. The principle of reason also requires procedural due process to protect against the punishment of the innocent and the tyranny of the majority. Legal systems that respect their subjects' status as rational creatures with free wills permit their subjects to orient their own behavior. The principle of reason therefore requires substantive due process to ensure that laws provide dependable guideposts to individuals in orienting their behavior. The principle of consent recognizes that the legitimacy of law derives from the consent of those subject to its power. Common law custom, the doctrine of stare decisis, and legislation sanctioned by the subjects' legitimate representatives all evidence consent. The principle of autonomy establishes the authority of law. Laws must wield supremacy over political rulers, and political rulers must be subject to the same laws as other citizens. Political rulers may not arbitrarily alter the law to accord to their will. Legal history demonstrates that, in the absence of a validity standard based on these principles, legal systems will not treat their subjects as ends in themselves. They will inevitably treat their subjects as mere means to other ends. Once laws do this, men have no rest from evil. natural law theory legal positivism HLA Hart William Blackstone John Locke Jeremy Bentham John Austin Galileo Socrates Trotsky Athens Soviet law Stuart dynasty John Dewey Dewey Commission Sidney Hook Congregation of the Holy Office Galileo Affair trial of Socrates Moscow Trials trial of Galileo heresy trial of Trotsky reason autonomy consent philosophy of law pragmatism Kant Inquisition ostracism Anaxagoras Protagoras Alcibiades Arginusae Pericles Peloponnesian War Solon Ephialtes Apology Plato Herodotus Xenophon Plutarch Roscoe Pound common law Oliver Wendell Holmes, Jr. The Common Law The Path of the Law Learned Hand Christopher Columbus Langdell Ronald Dworkin Lon Fuller Lenin Stalin King Rex Sergei Kirov Permanent Revolution Socialism in One Country Great Terror Dekulakization Holomodor Terror Famine Italian positivist school Harold J. Berman Gustav Radbruch Ramon Mercader Trotsky assassination Marteman Ryutin Old Bolsheviks Genrikh Yagoda Pope Urban VIII Walter Duranty Harold Denny New York Times Joseph E. Davies Mission to Moscow New Republic John F. Finerty Lev Sedov Military Collegium Vasili Ulrikh Gaspare Borgia Cardinal Robert Bellarmine Pericles Father Commissary Michelangelo Segizzi Cardinal Francesco Barberini Cardinal Maffeo Barberini Siderius Nuncius Starry Messenger Accademia dei Lincei Letters on Sunspots Friar Tommaso Caccini Niccolo Lorini Commentaries on the Laws of England Second Treatise on Civil Government Henry de Bracton Sir Edward Coke Sir John Fortescue Matthew Hale Ranulf de Glanvil James I Charles I James II Charles II ship money forest fines distraint of knighthood impositions dispensing power royal prerogative Duke of Buckingham Oliver Cromwell Bishops Wars William Prynne Great Migration Declaration of Indulgence Settlement Act Test Act Protectorate Clarendon Code Quaker Act William and Mary English Civil War Puritan Revolution Glorious Revolution Thirty Years' War Earl of Shaftesbuty William Laud Historiomatrix Long Parliament Rump Parliament Barebones Parliament sociological jurisprudence Red Terror war communism New Economic Policy 1926 Criminal Code Kirov Amendments judicial discretion semantic sting The Concept of Law Fragments on Government The Province of Jurisprudence Determined A Fragment on Government Anarchical Fallacies primary rules secondary rules rule of recognition legal validity internal point of view external point of view law as prediction the bad man perspective on law life of the law page of history Basilikon Doron Trew Law of Free Monarchies

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