The purpose of this research was to discover and describe the economic contribution one group of women entrepreneurs. The research participants were lowresource and laid-off women who had graduated from a Microenterprise Assistance Program . There was no differentiation among women by age, race, or ethnicity. The theoretical landscape that underpins this research includes economic geography and women entrepreneurs, and entrepreneurship and economic development. This research provided a geographic representation of the dispersion and volume of the self-reported business expenses of (...) women entrepreneurs located in one geographic area. In addition, this research developed and examined the viability of an assessment tool that maps the business payments made by entrepreneurs. (shrink)

The aim of this article is to present some of the results of empirical research on the communication process at a trial conducted in Polish courts. These results will concern the participation of non-professional participants of a trial and the ways in which they deal with the communication process in the courtroom. The article presents the results of the analysis of the research material conducted in accordance with the detailed research questions and analytical categories. The analysis has especially shown that: (...) (1) the non-professional participants used some legal terminology, but the statements without legal terminology were also communicatively effective; (2) the level of activity of non-professional participants related to participation at the trial varied depending on what the activity concerned; the activity in asking questions to the presiding judges regarding legal issues and the course of the court proceedings appeared to be significant; (3) the non-professional participants’ had a real and significant problem with asking questions during the examination (the proper realization of this element of the trial); (4) the statements of the non-professional participants of a trial were very protective; they used many different “linguistic means of protection” (e.g., acts of supposition or acts of doubt) which are connected with the obligation to tell the truth, the prohibition of concealing the truth and giving false testimony during examination; (5) the non-professional participants of a trial reach for adequate argumentative acts, which are suitable for influencing the perception of specific events or persons, and they strengthen their statements by using appropriate linguistic means of persuasion. (shrink)

Arbitration and insolvency proceedings are legal instruments governed by different objectives and different legal principles. While in arbitration the autonomy of the parties plays a major role, all insolvency proceedings are collective proceedings where autonomy of the parties is strictly limited, the majority of issues are regulated by binding legal provisions and strong controlling powers are vested into insolvency court. Therefore, in this article the authors analyse the issues of compatibility between insolvency proceedings and arbitration. The Lithuanian legal framework (...) which was in force until 30 June 2012 was ambiguous. According to the wording of Article 11 of the previous Law on Commercial Arbitration, disputes connected with bankruptcy shall not be submitted to arbitration. It was not entirely clear whether this provision was restricted to ‘core’ insolvency issues such as opening and conduct of the proceedings, appointment of the office holder, administration of the estate, liquidation etc. or it also included all other questions related with insolvency. The jurisprudence of the Lithuanian courts gave a broad meaning to the restriction expressed in the Law on Commercial Arbitration. Accordingly, such questions as verification of claims and disputes with the creditors were also excluded from arbitration after announcement of bankruptcy of the debtor. The authors argue that distinction should be drawn between cases in which an insolvent enterprise is a claimant and where it is a defendant. It is also important to draw a line between arbitration agreements entered into before announcement of bankruptcy and arbitration agreements concluded by the bankruptcy trustee with the consent of the majority of creditors. In this article, the new Law on Commercial Arbitration which has entered into force on 30 June 2012 is analysed and according to which an insolvent enterprise remains bound by arbitration agreement in both cases where it is a claimant and where it is a defendant. Several contentious issues of the new law are identified and analysed in the article, such as the position of other creditors in the proceedings, relation between arbitration and restructuring procedure, enforceability of arbitration agreement in cases where an insolvent enterprise lacks funding to pay arbitration costs etc. (shrink)

The paper analyses the problem of workload quotas for district court judges in relation to the standard statutory work time duration. The problem is set against the general tendency of increase in the number of cases brought before courts each year. District courts as the courts of first instance are faced with an ever growing flow of cases. With regard to civil cases, the numbers are increasing especially in the field of the law of obligations (disputes in relation to (...) sale, loan, credit, consumer credit, lease contracts, as well as contracts for the provision of services, etc.). As far as criminal cases are concerned, the numbers are increasing especially in the fields of robbery, theft, in particular car theft, disturbance of public order and other crimes. In these circumstances, it is extremely important to conduct the analysis of the activity of courts in order to obtain a picture of the current situation with regard to the workload of courts and judges. District courts deserve special attention. Uneven distribution of workload among courts and judges is often the reason for the increase of the number of cases where a final decision (judgement) is reached later than 6 months after the start of proceedings. This was pointed out in the Overview of Activities of the Lithuanian Courts and their Self-Governance Institutions (2009–2010), as well as in the report of the National Courts Administration (2010). Those documents underline the importance to analyse the workload of district court judges for the purposes of optimising work organisation, setting the number of judges, distribution of resources, evaluation of judges’ activity, etc. The said analysis is crucial in order to avoid exceeding working time quotas and excessive workload of judges. At present, the workload of district court judges is calculated in accordance with the regulation adopted by the Courts Council in 2004 (as amended in 2005) and it reflects the number of standard cases (civil, criminal cases and cases of administrative offences) as well as other types of procedural documents dealt with by a judge within a period of one month. However, there are no quotas set for judge’s workload with regard to the duration of the statutory work time. The quotas for separate procedural stages (preparation for hearings, hearings, adoption of decision (judgement), other procedural actions that a judge performs while administering justice) are inexistent. The calculation does not take into account whether those standard cases are heard by a single judge or by a panel of judges, the complexity of a particular case is neither reflected. Establishing quotas for district court judges and other court clerks (judge assistants, secretaries, etc.) should consist of legal, organisational-procedural and technical-economical activity. The Ministry of Justice of the Republic of Lithuania, the National Courts Administration, the Courts Council as well as chairmen and experienced judges of district courts should play an active part in the process of establishing quotas. A special role should be assumed by the General Assembly of Judges. (shrink)

William of Poitiers began his career as a knight before studying in the schools of Poitiers and entering the Church. He became a chaplain in the household of William the Conqueror, and was able to give a first-hand account of the events of 1066-7. The Gesta Guillelmi, his unfinished biography of the king, is particularly important for its detailed description of William's campaigns in Normandy, the careful preparations he made for the invasion of England, the battle of Hastings and the (...) establishment of Norman power after the Conquest. It is a mine of information of military tactics and the conduct of war in the eleventh century. Though written from the point of view of the Norman court, it gives what is probably the most authentic account of these momentous events. This edition, by the late R. H. C. Davis and Marjorie Chibnall, with facing-page English translation of the Latin text, provides the first complete English translation, as well as a full historical introduction and detailed notes. (shrink)

Contestable motives of filing reports comprise a set of factors which were not present in the origin of the reported criminal act, as stated by the reporting individual. The objective of such reports is to create circumstances which would lead to the either an imaginary or implicated perpetrator being brought to criminal justice. These types of reports generate a number of doubts and investigative problems. Recently, in the light of newly introduced legislative changes into the methods of investigative procedures in (...) relation to sexual assault, this issue has become much more significant. The following publication includes a detailed description of the legal and psychological situation of an individual who has been classified as a victim in a case of sexual assault. The article includes an analysis of statistical data encompassing the period after the introduction of the aforementioned legislative changes in the type of investigative procedures as well as a qualitative analysis of the major factors influencing the process of filing contestable reports of such crimes. The research has been conducted on the basis of analysing a total of 50 cases. It is the opinion of the author that an expert court psychologist, whose presence is mandatory in these types of cases and whose opinion formulated in the course of preparatory proceedings ought to play a key role in the disclosure of false pretences accompanying such reports. (shrink)

The Proceedings present the contributions to the 13th International Kant Congress which was held at the University of Oslo, August 6-9, 2019. The congress, which hosted speakers from more than thirty countries and five continents, was dedicated to the topic of the court of reason. The idea that reason stands before itself as a tribunal characterizes the whole of Kant's critical project. Without such a court, reason falls into conflict with itself. With such a court in place, (...) however, it may succeed in establishing the possibility and limits of metaphysics, ethics, aesthetics, law and science. The idea of reason being its own judge is not only pivotal to a proper understanding of Kant's philosophy, but can also shed light on the burgeoning fields of meta-philosophy and philosophical methodology. The 2019 Kant Congress put special emphasis on Kant's methodology, his account of conceptual critique, and the relevance of his ideas to current issues in especially political philosophy and the philosophy of law. Additional sections discussed a wide range of topics in Kant's philosophy. The Proceedings will provide anyone who is interested in exploring the variety of present-day work on Kant and Kantian themes with a wealth of fruitful inspiration. (shrink)

The Proceedings present the contributions to the 13th International Kant Congress which was held at the University of Oslo, August 6-9, 2019. The congress, which hosted speakers from more than thirty countries and five continents, was dedicated to the topic of the court of reason. The idea that reason stands before itself as a tribunal characterizes the whole of Kant's critical project. Without such a court, reason falls into conflict with itself. With such a court in place, (...) however, it may succeed in establishing the possibility and limits of metaphysics, ethics, aesthetics, law and science. The idea of reason being its own judge is not only pivotal to a proper understanding of Kant's philosophy, but can also shed light on the burgeoning fields of meta-philosophy and philosophical methodology. The 2019 Kant Congress put special emphasis on Kant's methodology, his account of conceptual critique, and the relevance of his ideas to current issues in especially political philosophy and the philosophy of law. Additional sections discussed a wide range of topics in Kant's philosophy. The Proceedings will provide anyone who is interested in exploring the variety of present-day work on Kant and Kantian themes with a wealth of fruitful inspiration. (shrink)

The article explores court forms as an interactive genre essential for legal-lay communication in civil and family proceedings: court forms elicit key information from predominantly lay users for the purposes of court administration and the judiciary. The information presented in court forms defines the agenda and communicative focus of the subsequent hearings and settlement negotiations, and in some instances even the path the proceedings would take. It is thus important to consider court forms in terms (...) of their comprehensibility as well as functionality for eliciting legally coherent narratives and facilitating efficient engagement of lay participants with the proceedings. The case study presented in the article draws on the combination of corpus linguistics and discourse analysis to explore two versions of the court form most frequently used by self-represented parties in England and Wales, ‘Form C100: Apply for a court order to make arrangements for a child or resolve a dispute about their upbringing’. The comparison of the paper form and its redesigned online version identifies the improvements made as part of the digitisation process but also indicates communicative challenges which can prevent the lay person from presenting the relevant information. The discussion provides an opportunity to reflect on the role of language in online courts. (shrink)

Obstacles in dealing with child sexual abuse can hinder survivors in the process of coming to terms with their experiences. The present study aims to identify and analyze factors that may pose obstacles in the long-term process of dealing with CSA. It is part of a larger research consortium “Auf-Wirkung,” funded by the German Federal Ministry of Education and Research, and was conducted in cooperation with the Independent Inquiry into Child Sexual Abuse in Germany. The IICSAG was appointed by the (...) Independent Commissioner for Child Sexual Abuse Issues and the German Federal Ministry for Family Affairs, Senior Citizens, Women, and Youth in 2016. To determine responsibilities, recognize injustice, and further acknowledge the survivors of CSA in the Federal Republic of Germany and the German Democratic Republic, the Independent Inquiry has held 1,303 private sessions with survivors of CSA by Oct. 17th, 2020. The present study focuses on exploring reoccurring problematic experiences reported by survivors in private sessions regarding the long-term process of dealing with experiences of CSA. A total of 30 transcripts of private sessions, conducted by members and appointees of the IICSAG between September 2016 and June 2019, were analyzed using qualitative content analysis. Attendants of private sessions described a variety of obstacles, including negative social reactions to disclosure, institutions' unwillingness to elucidate occurrences of CSA within their midst, as well as general financial difficulties, and those linked to redress claims. Manipulative grooming by perpetrators and limited access to adequate psychotherapy were perceived as obstructive by survivors dealing with CSA. In the context of criminal proceedings, survivors reported long durations of court proceedings and negative experiences in connection to credibility assessment. Results will be discussed to better support survivors of CSA in the process of dealing with their experiences in the future. (shrink)

The paper presents findings gathered in an exploratory, descriptive, corpus-based analysis of a parallel corpus composed of English corporate documents and their translations into Polish with regard to the frequency-related, binary strategy distribution pattern. In general, the author posits a distinctiveness of interlingual communication in the domain of law, as delineated by the institutional and disciplinary framework. The material extracted from the corpus and studied for its generic features points to the hermetic character of corporate written communication in English. The (...) thesis to be verified is whether there are any tendencies in the distribution of the translation strategies in the corpus texts. The research question was operationalised via coding the corpus extracts according to the binary strategy division scheme. Further, the data have been discussed in reference to the sociocultural background of the communicative situation covered under the analysis in order to account for the translators’ motivation. (shrink)

Decisions of regulatory government bodies and courts affect many aspects of citizens’ lives. These organizations and courts are expected to provide timely and coherent decisions, although they struggle to keep up with the increasing demand. The ability of machine learning (ML) models to predict such decisions based on past cases under similar circumstances was assessed in some recent works. The dominant conclusion is that the prediction goal is achievable with high accuracy. Nevertheless, most of those works do not consider important (...) aspects for ML models that can impact performance and affect real-world usefulness, such as consistency, out-of-sample applicability, generality, and explainability preservation. To our knowledge, none considered all those aspects, and no previous study addressed the joint use of metadata and text-extracted variables to predict administrative decisions. We propose a predictive model that addresses the abovementioned concerns based on a two-stage cascade classifier. The model employs a first-stage prediction based on textual features extracted from the original documents and a second-stage classifier that includes proceedings’ metadata. The study was conducted using time-based cross-validation, built on data available before the predicted judgment. It provides predictions as soon as the decision date is scheduled and only considers the first document in each proceeding, along with the metadata recorded when the infringement is first registered. Finally, the proposed model provides local explainability by preserving visibility on the textual features and employing the SHapley Additive exPlanations (SHAP). Our findings suggest that this cascade approach surpasses the standalone stages and achieves relatively high Precision and Recall when both text and metadata are available while preserving real-world usefulness. With a weighted F1 score of 0.900, the results outperform the text-only baseline by 1.24% and the metadata-only baseline by 5.63%, with better discriminative properties evaluated by the receiver operating characteristic and precision-recall curves. (shrink)

The Conduct of Inquiry is a practical introduction to logic and scientific method. It provides a comprehensive and current discussion of the logic of scientific method and scientific reasoning. The author places consistent stress on the evaluation of actual scientific reasoning and the development of critical thinking skills by employing numerous examples that require the application of the principles discussed in the text. Each chapter lays out basic, underlying principles of logic and scientific method and illustrates them by reference (...) to detailed case studies in the history of science. The method of proceeding from concrete case studies to general principle embodied in the examples provides an understandable progression for those learning the basic ideas of logic and scientific method. (shrink)

This article analyses jurisdiction regarding administrative proceedings (lawsuits) in Jordan and France. Moreover, it also discusses the fact that jurisdiction regulates two matters of the utmost importance: the distribution of jurisdiction between ordinary and administrative jurisdictions and the distribution of jurisdiction between administrative jurisdictions themselves in States whose jurisdiction in administrative proceedings is distributed to more than one administrative organ. Moving on, this research was conducted using several research approaches such as, the comparative and analytical approach. The research concluded with (...) a number of conclusions and recommendations, the most important of which was the establishment of an Administrative Proceedings Management Service (APMS), as did the French Administrative Judicial Code, in which attendance was compulsory. To add on, the office of the Administrative Proceedings Administration must have a judge of its own, which corresponds to the post of the judge in the French Administrative Court. The judge will handle the completion of the data regarding both lawsuit parties, and request the documents needed for the case at hand. With that being said, the Jordanian Constitutional Court must reverse its interpretative decision, stating that the administrative justice is part of the ordinary judiciary—in referral to The Constitutional Court’s interpretation of the provisions of the Constitution, which considered the administrative judiciary as an integral part of the ordinary judiciary. Lastly, the research concluded that The French Administrative Judiciary must be taken into consideration regarding the establishment of an administrative judiciary independent from all aspects of the ordinary judiciary, and the explicit introduction of the dual judicial system. (shrink)

Court interpreting in Croatia is a very unregulated field especially regarding the training and the skills that are to be acquired in order to pro- vide accurate translation at courts. One of the prerequisites according to the Regulations on Court Interpreters in Croatia is knowledge of the structure of judicial power, state government and legal terminology. Although the Regulations prescribe that the training should last no longer than two months, the organisations providing such training shorten this to three (...) or four days. Taking into account all that has been said one realizes that in such short time a per- son cannot be properly qualified to practice as a court interpreter. According to the EU Directive on the right to interpretation and translation in criminal proceedings member states should provide adequate training in order to ensure the quality of interpretation and to avoid that suspected or accused persons complain that the quality of interpretation was not good enough to secure the fairness of the proceeding, which according to Article 2 of the Directive they have the right to. Since Croatia joined the European Union on 1 July 2013, it will have to change its Regulations on Court Interpreters in order to com- ply with this Directive. This paper will try to analyze the problems within the scope of court interpreter’s profession in Croatia both in civil and in criminal proceedings. Several examples will be suggested as the possible model for modifying court interpreting in Croatia. Since this profession is often underrated by the national courts, the paper will suggest ways to prevent such views and point out the importance of good court interpretation. (shrink)

Typology of perpetrators of domestic violence The objective of the research conducted by the author was to obtain an answer to the question: could we distinguish different types of intrafamily violence perpetrators considering a specified profile of personality factors and temperament traits and how domestic violence perpetrators cope with stressful situations? The research was conducted on a group of 325 men who were convicted pursuant to article 207§1 & 2 of harassment over family members. In terms of a gender the (...) group was homogenous. On the basis of the literature on the subject, the following personality traits of violence perpetrators were categorised: locus of control, self-acceptance, aggressiveness, hostility, intelligent quotient and temperament traits. The following research techniques were employed in the study: the Wechsler Intelligence Scale, Berger's Self-Acceptance Scale, the Delta Questionnaire by R. Drwal, the SABD Questionnaire - Buss-Durkee, Formal Characteristics of Behaviour - Temperament Inventory by J. Strelau, the WCQ questionnaire by R.S. Lazarus and S. Folkman, a categorised interview and an analysis of court records. As a result of the analysis conducted on a group of the studied sample of violence perpetrators, four subgroups, differing in terms of selected personality traits, were specified. They are reactively aggressive perpetrators, perpetrators of low preventive competences, psychopathic and retaliatory perpetrators and perpetrators with a big adaptive potential. Further on, four distinguished groups have been characterised in terms of stress-coping strategies, and psychological processes of coping with stress proceeded differently in the research group. (shrink)

Book reviews in this journal usually proceed by considering the value of the book in question for Dewey scholarship. In this case I would rather say that this book is of interest to Dewey scholars. Jackson’s general project is heavily informed by Dewey’s pluralistic brand of pragmatism. As Jackson notes “Dewey’s Logic . . . stand[s] firmly in the tradition leading to this book” (216). Dewey scholars will greet Jackson’s extension of this approach to the study of international relations warmly. (...) Over the last thirty years, international relations specialists have debated the merits of a variety of methodological and philosophical options while at the same time a dominant theme has been to make the field .. (shrink)

This article focuses on contemporary work on public knowledge of, information about, and public images and judgments of law and courts. It begins with a brief digression on the nature of the scholarship on public opinion and the operation of courts and postulates that courts are political institutions. In order to highlight the importance of judicial knowledge, democratic theory is explained in the article. The theory of judicial influence is a theory of individual-level attitude change. A great deal more research, (...) however, must be conducted before the hypothesis of attitude change can be accepted. Legitimacy is one of the most highly valued forms of political capital. Available evidence indicates that national high courts differ greatly in the legitimacy they have acquired. Future research should focus on the processes through which courts become salient to ordinary people and how interactions with courts, especially judicial symbols, contribute to institutional legitimacy. (shrink)

Volume II of Vernon Press’s series on the Philosophy of Forgiveness offers several challenging and provocative chapters that seek to push the conversation in new directions and dimensions. Volume I, Explorations of Forgiveness: Personal, Relational, and Religious, began the task of creating a consistent multi-dimensional account of forgiveness, and Volume II’s New Dimensions of Forgiveness continues this goal by presenting a set of chapters that delve into several deep conceptual and metaphysical features of forgiveness. New Dimensions of Forgiveness creates a (...) theoretical framework for understanding the many nuanced features of forgiveness, namely, third-party forgiveness, forgiveness as an aesthetic process, the role of resentment in warranting forgiveness, the moral status of self-forgiveness, epistemic trust, forgiveness’s influence on the moral status of persons, forgiveness in time, the status of Substance and Subject within a Hegelian framework, Jacques Derrida’s “impossible” forgiveness, and the use of imaginative “magic” to become a maximal forgiver. Readers will be challenged to question and come to terms with many oft-overlooked, yet important philosophical dimensions of forgiveness. (shrink)

The Proceedings present the contributions to the 13th International Kant Congress which was held at the University of Oslo, August 6-9, 2019. The congress, which hosted speakers from more than thirty countries and five continents, was dedicated to the topic of the court of reason. The idea that reason stands before itself as a tribunal characterizes the whole of Kant's critical project. Without such a court, reason falls into conflict with itself. With such a court in place, (...) however, it may succeed in establishing the possibility and limits of metaphysics, ethics, aesthetics, law and science. The idea of reason being its own judge is not only pivotal to a proper understanding of Kant's philosophy, but can also shed light on the burgeoning fields of meta-philosophy and philosophical methodology. The 2019 Kant Congress put special emphasis on Kant's methodology, his account of conceptual critique, and the relevance of his ideas to current issues in especially political philosophy and the philosophy of law. Additional sections discussed a wide range of topics in Kant's philosophy. The Proceedings will provide anyone who is interested in exploring the variety of present-day work on Kant and Kantian themes with a wealth of fruitful inspiration. (shrink)

This article examines disciplinary proceedings about sexual misconduct by lawyers. Sexual misconduct in a professional relationship is harmful and unacceptable and should result in immediate disciplinary action to protect victims, future victims and the public. However, there is no explicit offence of sexual misconduct in Australian disciplinary legislation regarding lawyers. Rather, sexual misconduct must be linked to the statutory offences. While the Australian Solicitors’ Conduct Rules guide the interpretation of the offences, there is only express reference to sexual harassment. (...) We examined tribunal and court legal disciplinary cases from 2000 to 2020 across all Australian jurisdictions in which sexual misconduct had occurred. Decision makers typically only considered sexual misconduct sufficiently egregious to meet the required standard of a disciplinary offence when accompanied by a criminal conviction. The conduct was often portrayed as a result of character flaws, rather than harmful to victims and the public. Thus, decision makers failed to locate the behaviour in the wider incidence of violence against women. The profession’s failure to acknowledge sexual misconduct reflects narrow professional norms which do not robustly protect victims. Explicit acknowledgement of sexual misconduct in disciplinary proceedings is essential. These amendments would signify the importance, frequency and impact of sexual misconduct. (shrink)

With reference to the Dutch model, which has been adopted by the Lithuanian Civil Code, the possibility to renounce Investigation Proceedings in the Articles of Incorporation or shareholder agreements is analysed in this article. The mandatory nature of the Investigation Proceedings is derived from the provisions of the Code, mainly: from an active role of the court, typical to the cases with the element of public interest, from specific rules for protecting the public interest in the course of the (...) Investigation Proceedings, also taking into account statutory duties of managers, the scope of which may not be narrowed by SHA, and the fact, that the Investigation Proceedings is generally designated to be an instrument to safeguard the interests of minority shareholders against the abuse of their rights by the company, and, finally, acknowledging the extraordinary nature of remedies available in the Investigation Proceedings. (shrink)

The paper addresses the issue of a relatively new institution of criminal procedural law in Latvia. The article is relevant due to the need for an effective mechanism for the objective possibility of realization of the right person for the completion of the criminal process in a reasonable time. Analysis of the European Court of Human Rights has allowed some conclusions that should be considered when investigating criminal cases.

In late 1949 the former Soviet Union conducted an open trial of eight Japanese physicians and researchers and four other military servicemen in Khabarovsk, a city in eastern Siberia. Despite its strong ideological tone and many obvious shortcomings such as the lack of international participation, the trial established beyond reasonable doubt that the Japanese army had prepared and deployed bacteriological weapons and that Japanese researchers had conducted cruel experiments on living human beings. However, the trial, together with the evidence presented (...) to the court and its major findings — which have proved remarkably accurate — was dismissed as communist propaganda and totally ignored in the West until the 1980s. This paper reviews the 1949 Khabarovsk trial, examines the West's dismissal of the proceedings as mere propaganda and draws some moral lessons for bioethics today. As an important historical case, set in the unique socio-political context of the Cold War, the West's dismissal of the trial powerfully illustrates some perennial ethical issues such as the ambivalence of evidence and the power of ideology in making (or failing to make) cross-national and cross-cultural factual and moral judgments. (shrink)

The results of numerous research studies have revealed that the style in which people deliver their speech impacts on the way they are perceived by others. This is particularly so in the adversarial courtroom, where witnesses' credibility is crucial for winning a case. When witnesses do not speak the language of the courtroom, interpreters are employed to interpret the proceedings accurately. The meaning of `accuracy', however, may not be fully understood by all involved. This article presents the results of a (...) data-based study of Spanish—English court proceedings where it was found that interpreters tend to accurately interpret only the content of witnesses' answers, but constantly alter the style of testimony, either favourably or detrimentally, thus potentially changing the outcome of the case. (shrink)

This book provides a variety of diverse perspectives related to the ethics of anger, some more analytical in nature, others focused on practical issues, some in defense of anger, and others arguing against its necessity. This book is an essential resource for scholars who want to reflect critically on the place of anger in contemporary life.

Court D. Lewis, author of Repentance and the Right to Forgiveness, presents a rights-based theory of ethics grounded in eirenéism, a needs-based theory of rights (inspired by Nicholas Wolterstorff) that seeks peaceful flourishing for all moral agents. This approach creates a moral relationship between victims and wrongdoers such that wrongdoers owe victims compensatory obligations. However, one further result is that wrongdoers may be owed forgiveness by victims. This leads to the “repugnant implication” that victims may be wrongdoers who do (...) not forgive. Author Lewis addresses the “repugnant implication” by showing that victims are obligated to work toward forgiveness, if not forgiveness itself. Critic Gregory L. Bock argues that victims are not the only ones who can forgive, that the personal dimensions of forgiveness are overlooked, and that the force of the “repugnancy implication” may be questioned. Instead of rights-based eirenéism, Bock supports a virtue ethics framework. Instead of rights-based eirenéism, Bock encourages virtue ethics. Critic David Boersema raises questions about the binding nature of relationships, the dependency of flourishing upon forgiveness, and the nature of needs or rights. Boersema also questions the wisdom of a rights-based approach to forgiveness. Critic Jennifer Kling asks whether a rights-based approach is necessary to ground obligations to meet the needs of others: why not an ethics of care? If a rights-based approach is taken, perhaps a wrongdoer is obligated to not make forgiveness a life good. By disengaging this obligation, we avoid constraining a victim’s work toward forgiveness, especially when the wrongdoing is oppressive. Author Lewis responds to these objections. (shrink)

This article refers to the issues associated with the crucial significance of the interpretation of tax law provisions made by administrative courts in the course of the judicial inspection of tax decisions, within the context of protecting the subjective rights of taxpayers. The analysis in that regard has been prepared based on the provisions of art. 153 of the Act of 25 July 2002 on Proceedings before Administrative Courts, which expresses the important rule of binding the court and the (...) administrative authority, whose act was the subject of an appeal, with a legal assessment and instructions regarding the further proceedings described in the decision of the administrative court. As a result of this rule, a decision of an administrative court exerts the results exceeding the scope of judicial administrative proceedings, while its effect also covers the future tax proceedings. If the legal assessment made by the court refers to the regulations that affect the subjective rights of a taxpayer, it means that the administrative court imposes the effects of “its” interpretation of those provisions on a tax authority. In turn, the tax authority is obliged to respect those rights in accordance with the opinions of the court, which usually affects the final resolution of a tax case. It should be borne in mind that a taxpayer, by submitting an appeal against a tax decision to an administrative court, demands not only an inspection of the acts of tax administration, but also - which should be emphasized - demands the execution of its rights, including its subjective rights. Therefore, we should not forget the crucial role of the administrative courts in the protection of the substantive rights of taxpayers. The instrument that allows the administrative courts to guard the subjective rights of taxpayers, consists in the procedural regulations included in the provisions on proceedings before administrative courts, and in particular art. 153 of the Act on Proceedings before Administrative Courts in Poland. (shrink)

This book develops a rights-based theory of justice that maintains that genuine repentance creates a right to be forgiven. Examining the nature of rights and theological conceptions of forgiveness, the author shows why such a right is nonrepugnant and produces the most just state of affairs for victims and wrongdoers.

This essay examines why some introductory ethics students are averse to any sort of moral requirement. It provides a series of descriptions and techniques to help teachers recognize, diagnose, and engage such students. After discussing the nature of student aversions to moral obligations, I discuss three causes and several ways to engage each: 1) Student Relativism; 2) student fears and misunderstandings of obligations; and 3) the phenomenon of what I call fetishized liberty, which leads to the “liberty paradox”—where students actively (...) fight for liberties, yet actively give up or fail to use the ones they currently have. (shrink)

Dario Martinelli examines the nature of songs of social protest (SSPs) in Give Peace a Chant: Popular Music, Politics and Social Protest and provides readers with a book that is engaging, provoking, and enjoyable. Martinelli’s research is thorough, astute, and structured in a way that is both rigorous and accessible. Combining typology with several case studies, Martinelli achieves his stated goal of showing how context, song lyrics, and the music itself are organic and equally important elements that constitute SSPs.

Per Persson _Understanding Cinema: A Psychological Theory of Moving Imagery_ Cambridge: Cambridge University Press, 2003 ISBN 0-521-81328-X 52 illustrations, 281 pp.

The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today.This fully updated second edition of Abuse of Process and Judicial Stays of (...) Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including The USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights in this area. (shrink)

1 Introduction I don't know ... I don't belong to any group. ... I never was a socialist. I never was a communist. ... I never wanted anything of that kind. ...

In this introduction to a special section on the philosophy of Bat-Ami Bar On, guest editor Court Lewis introduces Jennifer Kling’s article on equitable resettlement of refugees, Wim Laven’s article on meaningful political citizenship, and his own work on the analysis of the violent threat of citizen culture-warriors.