This paper reports on an investigation of issues surrounding the use of ethical codes/codes of conduct in Irish based companies. Using a comprehensive questionnaire survey, the paper examines the incidence, content and enforcement of codes of conduct among a sample of the top 1000 companies based in Ireland. The main findings indicate that the overall usage of codes of conduct amongst indigenous Irish companies has increased significantly from 1995 to 2000. However, in line with prior research, these codes focus (...) primarily on issues surrounding company and employee protection as opposed to society protection. Almost half of all codes are written by company personnel or provided by head office. Revisions of codes are common but formal ongoing methods of instructing new staff about codes are not prevalent. Less than one-third of companies with codes have formal channels for reporting violations but a high percentage have formal disciplinary procedures in place for breaches of codes. (shrink)

This article provides a study of the legal regulations of the European enforcement order and the uniform enforcement of judgments without the exequatur procedure, which have been in place between the member states of the European Union for five years already. In the Lithuanian civil procedure law it details the implementation of Regulation (EC) No. 805/2004 of the European Parliament and of the Council of 21 April 2004 for creating a European Enforcement Order for uncontested (...) claims in the national law of Lithuania. The aforementioned legal act of the European Union has been implemented in Lithuania with the adoption of the Republic of Lithuania Law on the Implementation of the European Union and International Legal Acts regulating civil procedure of 13 November 2008. (shrink)

The Article presents a study of opportunities and problems related to the procedural actions taken by bailiffs electronically. In the opinion of the authors, the digitalisation of the enforcement procedure seeks to ensure the maximum use of electronic documents: enforcement and procedural documents should function only in the electronic format and thereby should create an effective, transparent and easily accessible information system of electronic enforcement files, which will not only increase the effectiveness of performance of bailiffs (...) and save costs, but will also ensure the protection of the rights of claimants and debtors in enforcement proceedings through reliable and prompt service of procedural documents by electronic means, access to information about the course of the enforcement proceedings by using information technologies, and transfer of certain procedural actions taken by bailiffs into the electronic environment. Section one of the Article discusses the EU regulation in the area of unification and digitalisation of the enforcement procedure. Section two deals with the possibilities of issuing electronic enforcement orders, issuance of an enforcement order, technical measures to enable bailiffs access the information systems of the institutions issuing enforcement orders by safe electronic channels and thereby electronic enforcement orders would be transferred from the issuing institution to bailiffs electronically, without using any hard copy enforcement orders. In the opinion of the authors, considering that the majority of enforcement orders are issued by courts, it would be expedient, first of all, to take advantage of the existing information system LITEKO, making it possible to keep not only court judgments but also enforcement orders there as well as providing bailiffs with technical possibilities of access to the LITEKO system and acceptance of the electronic enforcement orders from the system. A similar principle should be followed for designing integrated information systems of bailiffs and other institutions that issue enforcement orders. Section three focuses on the main procedural documents – arrangements given by bailiffs and property attachment deeds – and on their electronic service on the participants involved in the enforcement procedure. The last section of the Article offers a study of the measures to secure the rights of participants of the enforcement procedure, namely access of the participants of the enforcement procedure to the enforcement file, possibilities for courts to obtain electronic enforcement files promptly, etc. (shrink)

This collection of essays brings together the very best philosophical and legal writings on procedural justice over the last half century. The articles are written by experts from legal and philosophical backgrounds and analyze values such as transparency, predictability, and even-handedness in law-making, law-enforcement and adjudication; discuss core concepts in Anglo-American jurisprudence such as equal protection, due process and the rule of law; and deal with the distinctive branch of justice that involves norms and processes of applying law to (...) citizens. (shrink)

The objective of the paper is to create a concept of what securing the claim is, based on the positive legislation of Kosovo’s law, comparing its regulation with laws of somewhat similar legislations of neighbouring regions, understanding its implementation in practice, to achieve conclusions and remarks based on law, facts, practice, and the comparative aspect. The Civil Procedure Law in the Republic of Kosovo is regulated with contested, non-contested or enforcement procedure. Securing the claim is an institute (...) expressively regulated by the “Law on Contested Procedure of the Republic of Kosovo” on its XXI Chapter that defines its means and types. Considering securing the claim measures are present in civil law to prevent any possible threat of protected rights until the final verdict is given, this paper tends to achieve a realization of how these measures practically succeed in actual cases, if they meet the criteria set in the law, or if securing the claim proposal is approved by the court, if they unintentionally restrain the respondent from using their rights. Moving forward, how one distinguishes claim security and interim measures from one-another although they describe the main concept, is strictly reviewed under this article, to finally achieve conclusions and remarks based on questions raised as above. (shrink)

The relevance of the study lies in the fact that in the reforms of the system of compulsory enforcement of decisions stipulated the possibility of performing these functions by private enforcers. The purpose of the article is to consider problematic aspects of the legal status of a private enforcer as a participant of legal relations in the enforcement process. The results of the study contain generalizations on the analysis of the legal status of a private enforcer, proposals for (...) amendments to current legislation on private enforcers and the protection of the rights of the parties of enforcement proceedings. Finally, conclusions were formulated, which may be useful to practitioners of various legal professions such private enforcers, lawyers, judges, as well as citizens and legal persons, including those who are parties to the executive procedure. (shrink)

There are important reasons for states to recognize and enforce the judgments of other states’ courts. There are also reasons that may militate against recognition or enforcement of certain foreign judgments, making it appropriate to calibrate or “fine tune” the presumption favoring recognition and enforcement so it is not applied too broadly. Most calibration principles, such as the principle that a judgment from a court lacking jurisdiction should not be recognized, are case-specific. However, one calibration principle that is, (...) to our knowledge, unique to the law of the United States stands out: the principle of systemic calibration, according to which U.S. courts must not recognize or enforce foreign judgments “rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law.” In this Article, we aim to shed empirical light on how U.S.-style systemic calibration operates in practice. We find that state-of-origin indicator scores related to systemic adequacy are on average higher when U.S. courts recognize or enforce foreign judgments than when they refuse to do so. Moreover, the probability of recognition and enforcement increases as these indicator scores increase. However, in only six of the 587 opinions in our dataset did a court refuse recognition or enforcement based explicitly on the systemic inadequacy ground. Thus, while the level of systemic calibration in U.S. courts is high, it is mostly achieved implicitly. Finally, even judgments from states with low systemic adequacy scores are sometimes recognized or enforced by U.S. courts. (shrink)

This article analyses implementation of freedom of assembly within Lithuania and in some other States of the European Union. Attention is paid to the differences in the implementation practices for this freedom while analysing probability of restriction of freedom of assembly in the light of legal, political and social factors. The article aims to substantiate that the quality of decision while adopting spreading ideas and expressed views during peaceful meetings, or adopting them later, or dismissing in general, is determined by (...) the democratic society being formed in the state during a particular period. On the other hand, although physical restriction of diffusion of ideas while implementing freedom of assembly is legitimate, it should not become the main control tool, since the development of the state in this direction is absolutely opposite to the expansion of democratic ideas in the society. Legal education should become the priority area of the policy conducted by the state. Particularly since this priority provides the security for the spread of best practices in democratic states, thus laying the grounds for effective prevention of expression of illegal behaviour. Such illegal behaviour may occur in the form of incitement of hatred and aggression in respect of persons who have different faith, race, nation or sexual orientation. The article substantiates that the real challenge faced by the modern democracy is security for practical implementation rather than the formal recognition and regulation of rights and freedoms. It has been found in practice that the implementation of freedom of assembly can be faulty restricted by the procedural justice. After evaluating experience of the States of the European Union and the way in which their national legal system is structured, the recommendations are made enabling a timely dispute settlement concerning the right of assembly, i.e., in order to prevent decision making process from becoming an obstacle for the implementation of freedom of assembly. It is pointed out that settlement of the dispute concerning the permission to hold a peaceful assembly after the date of the assembly is pointless and denies social importance of right of the assembly. (shrink)

The extent to which judges in the American federal system and in England and Wales respond to sanctions, in their codes of civil procedure, for non-compliance with those rules, varies according to which of two ‘philosophies of justice’ are prevalent in the judicial culture. Taking as a starting point the application of the ‘ultimate’ sanction, that of exclusion from the trial itself, in the two jurisdictions, the article first draws out the features of the two philosophies, finding them surprisingly (...) similar in both jurisdictions. The article thereafter proposes that the choice of philosophy ought not to rest with individual judges but with the system, as structured in rules, thus suggesting a limited formalist approach to civil procedure. (shrink)

The objective of the article is to examine the human rights enforcement in Indonesian legal and political system. This is done by studying the legal basis of human rights, the process of proliferation of human rights discourse, and the actual controversies of human rights enforcement. The study has the effect of highlighting some of the immense deficits in ensuring that violations are treated under judicial procedure and the protection of human rights is available and accessible for victims. (...) The author inevitably came into a conclusion that the openness of legal and political arenas for human rights discourses is not followed with a tangible impact on the entitlement positions of the people. The problems of the weak institutions and the unenthusiastic enforcement show that, in Indonesia, human rights are formally adopted as a political strategy to avoid substantial implementation. (shrink)

The adoption of the Collateral Directive 2002/47/EC represents an important progress towards the implementation of a truly harmonized single financial market. The Lithuanian Financial Collateral Arrangements Act (the Law) has implemented the Directive 2002/47/EC in time. The Law establishes special regulation for financial securities given in transactions between „professional market participants“, between market participants and other companies, inclusive small and medium-sized enterprises. The Law applies to certain transactions on the financial markets and aims at stabilizing the financial markets. Essentially, the (...) Directive and the national implementing law ensure the enforceability of financial collateral arrangements and provide for rapid and non-formalistic enforcement of financial collateral procedures in insolvency cases. The realization of financial collaterals is made easier and cheaper. (shrink)

The Moral Responsibility Account of Liability to Defensive Harm (MRA) states that an agent becomes liable to defensive harm if, and only if, she engages in a foreseeably risk-imposing activity that subsequently threatens objectively unjustified harm. Advocates of the account contend that liability to defensive harm is best understood as an aspect of distributive justice. Individuals who are liable to some harm are not wronged if the harm is imposed on them, and liability to defensive harm thus helps ensure that (...) harm is borne by whoever has least of an objection of justice against being burdened with it—or so advocates of the MRA insist. In this paper, I argue that liability to defensive harm is not grounded in considerations of distributive justice. While it depends on the wider societal context what allocation of a burden is distributively most just, liability to defensive harm is a distinctly localised affair. I propose that liability to defensive harm is best understood as part of the enforcement dimension of our rights to non-interference. Framing liability in this way does not invalidate the MRA. It does, however, render subjective impermissibility accounts of liability particularly promising. (shrink)

The aim of this paper is to analyze the protection offered to parties, participants and third parties during enforcement, as one of the most important requirements of the enforcement procedure. Having in mind that bailiffs except for implementing enforcement, they are also competent to determine the means by which creditors’ claims will be fulfilled. The realization of the creditors’ claims does not mean use of any kind of measure or enforcement procedural activity. In this context (...) the authors review ways in which debtors and their family members can be protected during enforcement actions, such as measures of exclusion and restriction of enforcement on the debtor’s items and income. Furthermore, the authors elaborate other legal and important ways for protection of parties, participants and third parties, such as opposition to illegality and complaints provided by the Law on Enforcement. In this regard, results of this research have shown that the RNM is making efforts to create a more effective enforcement system, which includes guarantees not only for the protection of the creditor and the debtor as a party, but also for the participants and third parties. From the enforcement experiences of citizens were reported dissatisfaction and complaints of citizens regarding the performance of bailiffs, namely taking the necessary means of subsistence form them. To avoid this situation Amendments on the Law on Enforcement in 2020 were brought, so the legal framework was clarified in terms of measures for exclusion and restriction of enforcement. This resulted in the prevention of economic damage of debtors and their family, because now no action can be taken if the debtor has an average salary or pension. Extraordinary legal remedies in enforcement proceeding are excluded, but there are other safeguards that are related to enforcement process but are not regulated by the Law on Enforcement. (shrink)

The premise of contract law is that the redistribution of entitlements that results from contract is justified by the process of agreement. But theories of contract differ importantly on how and when voluntary exchange justifies a resorting of entitlements. Pure theories regard the principles of contract as essentially derivative from some aspect of the principle of autonomy; contracting parties’ intent to assume legal obligation is in principle necessary and sufficient for its enforcement. Perfect theories do not view contract as (...) self-justifying but regard the process of agreement as reliable evidence that contracts are welfare-improving. This article demonstrates the limitations of pure and perfect views. It favours instead imperfect theories of contract, which would have judges self-consciously pursue the normative ends of contract law as they apply context-sensitive rules. (shrink)

Endeavours of politicians, representatives of law enforcement institutions and courts to create simplified, accelerated and less human and time resources requiring legal procedures in criminal cases prompted the authors of this article to assess the possibilities to develop the written form of procedure in Lithuania. The goal of the authors of this article is to assess the origin and goals of the written form of procedure, as well as to define the main rules and points for discussions (...) on the possibilities to develop the written form of procedure in the Lithuanian criminal procedural law. The conclusion is drawn in this article to the effect that written form of procedure is seen as a condition for simplifying and accelerating the legal process, and choosing this form of procedure is not considered as denying or restraining the expectations of participants of criminal procedure towards a fair trial. The analysis provides the basis for the authors to make a conclusion on the appropriate limits of applying written or oral procedures for hearing criminal cases: Oral procedure must be guaranteed in cases where questions of criminal liability and personal guilt are solved at the first instance court hearings; Oral procedure usually has to be guaranteed in cases where during the procedure at the first instance court hearing the questions of criminal liability and personal guilt are solved, although oral procedure may be limited and the procedure may be conducted in written form if new evidence are not investigated and there is no doubt for deciding whether oral procedure is better for understanding the case; Oral procedure need not be guaranteed only in cases where questions of application of the law are solved and if oral procedure was guaranteed during the procedure at the court of first instance; Written procedure may guarantee the right to a fair trial, where the participants of the procedure are allowed to provide various explanations and written documents or a person is allowed to ask for an oral court hearing. (shrink)

Regulatory offences are a complex phenomenon, presenting problematic aspects both at the level of criminalisation and at the level of enforcement. The literature abounds in works that study the phenomenon. There is, however, an aspect that has remained largely unexplored. It concerns the relationship between the regulatory framework within which the crime occurs and the procedural safeguards that defendants normally enjoy at trial or at the pre-trial stage: defendants tried for regulatory offences are often denied safeguards that are generally (...) considered as important constituents of trial fairness. Relying on a new conceptualisation of regulatory offences, this paper advances a theory that justifies these exceptional rulings. (shrink)

Civil proceedings do not terminate after adoption of a court decision. The enforcement of a material subjective right requires the second stage of legal defence, i.e., compulsory enforcement of a court decision. State courts are authorised to adopt decisions on behalf of the state and to ensure compulsory enforcement of an adopted court decision. Although enforcement proceedings constitute the final stage of civil procedure, it has some specific features, e.g., the representation in enforcement proceedings (...) is distinctive. The article analyzes application of this institute in enforcement proceedings: the subjects eligible to act as representatives in enforcement proceedings, the order of execution of their powers, and the problems of adjudicating remuneration for representation in enforcement proceedings. (shrink)

The article reviews the peculiarities of distance learning platforms usage in law enforcement educational institutions during the Covid-19 pandemic. Distance learning at U.S. Federal Law Enforcement Training Center, which is based on the Online Campus have been substantiated. Particular attention is paid to topical issues of training on such online training mod-ules of the Campus: crime scene, driving training, drugs, firearms, health, interviews, investigation, law, topography, maritime training, personal security, technical means, terrorism, stopping vehicles, etc. There are also (...) programs to study the courses "Small Arms" and "Use of Force" in the online training modules of the Campus. The specifics of professional training of border guards in Asian countries have been revealed: the use of platforms of law enforcement agencies; focus of training on the devel-opment of basic competencies and the ability to solve problem situations; the opportunity to take online courses for all categories of staff at a con-venient time; creation of a three-level round-the-clock system of functioning of training of specialists. Peculiarities of professional training of border guards of European countries have been outlined considering the usage of both the platforms of institutions and joint platforms of international organizations, namely: web platform Virtual Aula of Agency FRONTEX; CEPOL DL web platform; European Coast Guard Training platforms; ILIAS EU Mission EUBAM; Connect & Learn UNHCR; UNODC and others. Special attention is paid to the capabilities of the Virtual Aula web platform for training teachers, instructors, external experts, etc. Web platform Virtual Aula of Agency FRONTEX presents up-to-date information on educational programs conducted in Europe. Characteristics of distance learning platforms usage in higher law enforcement educational institutions in Ukraine have been presented. Distance learning course of the English language for border guards have been developed and implemented. Considerable attention is also paid to the disclosure of online assessment of knowledge: the test of self-control on the topics, modules, and procedure of final assessment. (shrink)

Despite its obvious advantages, the disruptive development of neurotechnology can pose risks to fundamental freedoms. In the context of such concerns, proposals have emerged in recent years either to design human rights de novo or to update the existing ones. These new rights in the age of neurotechnology are now widely referred to as “neurorights.” In parallel, there is a considerable amount of ongoing academic work related to updating the right to freedom of thought in order to include the protection (...) of “freedom of thinking” (i.e., freedom of thought itself) and not only its social manifestations. Neurorights such as cognitive liberty, free will, mental freedom, and mental self-determination come into play here. Importantly, freedom of thought has often been considered a prerequisite for all the other fundamental freedoms and rights. In any case, just as other rights require additional legal instruments to guarantee their compliance, substantial neurorights will probably require specific complementary developments in procedural law. In relation to this, there is a long tradition of habeas corpus as an emergency remedy to enforce the rights of a citizen against illegal or arbitrary detention. More recently, the habeas data writ has been proposed and admitted in certain countries to guarantee a person’s ownership of their personal data. In this article, we propose to expand this procedural apparatus by incorporating a third habeas, which we call habeas cogitationem: a writ aimed primarily at enforcing the right to freedom of thinking (and, subsidiarily, the rest of neurorights) against direct, harmful interferences in a person’s thought process by both public and private perpetrators. (shrink)

Linda Radzick's new book, _The Ethics of Social Punishment_, contains an important discussion of punishment outside the context of the state. By way of celebrating this fine and welcome book, I try to probe some analytical contours concerning punishment seen from the general perspective on which Radzick and I agree. I suggest altogether abandoning the idea that (non-state) punishment needs to be inflicted by an authority. Furthermore, I insist on an account of retributivism that resists the usual accusations of barbarism (...) and bloodthirstiness. (shrink)

This research paper examines the foreign investment laws and procedure of Pakistan and their role in protection of foreign investment in Pakistan. These laws are untapped area of research and one cannot find any specific research tracing the legal development in this highly specialized field. So far Pakistan has 48 BITs enforced with different countries and has also signed ICSID Convention, which is promulgated locally through Arbitration Act, 2011 incorporating the Convention in the schedule to ease the difficulty of (...) foreign investors to enforce the awards rendered under auspices of ICSID in the territory of Pakistan. Under this research, an attempt has been made to study prevalent foreign investment laws and its trends in Pakistan. Though Pakistan has significantly improved its foreign investment regime by introducing new investor’s friendly laws like, Special Economic Zones Act, 2011 and Investment Policy, 2013 etc., apart from its previous legislation on the subject, yet this regime needs more improvement and updating. Extensive overview of all existing foreign investment laws were carried out in this research. Fair and Equitable Treatment, Expropriation and other factors affecting foreign investment laws are the areas, which need to be taken care of by policy maker in the existing foreign investment laws of Pakistan. With these aims, it is hoped that this research paper would be a humble contribution in the literature on the subject. (shrink)

The well-known classification of legal procedure into “four feet” presents certain conceptual problems for the Indian legal tradition that various Smṛtikāras and commentators have attempted to resolve in different and sometimes contradictory ways. These difficulties arise because the four feet originally referred in Indian legal theory to four distinct, hierarchical legal domains rather than procedural means for reaching a verdict. The earliest attested discussion of the four feet, found in Kauṭilya’s Arthaśāstra, indicates that early legal theorists understood the greater (...) legal order as being comprised of four hierarchical domains and that these domains were ordered by the state as expressed in the original formulation of the four feet. Among the four legal domains, that of vyavahāra was developed by the state itself as a realm of public, transactional law meant to address disputes that could not be resolved in other legal forums. From this we can conclude that the origin of Indian jurisprudence lies with state efforts to formalize and enforce the laws of public transactions. The reinterpretation of the four feet by later jurists was motivated perhaps by resistance to one of the fundamental relationships expressed in the four feet, namely that royal authority possessed the greatest legal authority, independent of Brāhmaṇical law. (shrink)

This paper analyses some current jurisprudential and conceptual issues in evidence and procedure from the perspective of a computational legal theory. It introduces a specific investigative device, Trojans operated by police during crime investigation, and analyses whether current formal approaches to legal reasoning can be modified in such a way that the software code underlying this device can represent the relevant legal constraints that should govern its operation. We will argue that traditional formalist theories of legal reasoning are typically (...) restricted to reasoning within a system, and incapable therefore of making the notion of “legal system” sufficiently explicit. We discuss possibilities to expand on these approaches and identify the necessary elements of a computational theory of legal reasoning in an age of porous borders.Resumen:En este ensayo se analizan algunos tópicos conceptuales y filosóficos de actualidad sobre el procedimiento y las pruebas desde la óptica de una teoría del derecho computacional. En él se presenta un mecanismo específico de investigación, relativo a los “troyanos” operados por la policía durante la investigación de delitos, y analiza si los enfoques formales contemporáneos sobre el razonamiento jurídico pueden ser modificados de tal modo que el código de sofware que subyace a este mecanismo puede representar las limitaciones jurídicas relevantes que deberían regir su operación. Los autores sostienen que las teorías formalistas tradicionales del razonamiento jurídico se limitan por lo general al razonamiento dentro de un sistema y, por lo tanto, son incapaces de hacer la noción de “sistema jurídico” suficientemente explícita. Asimismo, se discuten las posibilidades de ampliar estos enfoques e identificar los elementos necesarios de una teoría computacional del razonamiento jurídico en una era de fronteras porosas. (shrink)

Switzerland is internationally known for its progressive animal laws and for its innovative tools in law enforcement. In 1992, the Canton of Zurich introduced a public lawyer vested with the task of representing animals’ interests in criminal procedure, known as the Animal Protection Lawyer. The APL had the power to access information about court proceedings, study pending court cases, and intervene on behalf of victim animals. This enforcement tool set a precedent across the world. It amounted to (...) a recognition of animals as de facto victims and created an “equality of arms” for human and animal parties in criminal procedure. In a historic move in 2014, the Zurich parliament removed the APL from office—by mistake, as some maintain. Meanwhile—unnoticed by many—the Canton of Berne maintained a state agency vested with the very same powers as those the APL had, called the Dachverband Berner Tierschutzorganisationen. Though the DBT operated as an established agency for over 2 decades, in August 2017, a criminal court in Berne denied the DBT standing, arguing that the laws conferring on it the right to represent animals violate the federal law on criminal procedure. In July 2018, the Supreme Court delivered its judgment, and effectively stripped the DBT of its rights to represent animals in criminal proceedings. This article describes these recent shifts in criminal animal law in detail and analyzes the sociopolitical factors that gave rise to them. Special attention is paid to the question of what is left for Switzerland as a role model in animal law given ongoing deregulations, particularly as recent cases in the United States point to an incremental emancipation of animals as victims. The article discusses current alternatives to the APL and the DBT and puts their promises under scrutiny. The analysis reveals that these alternatives skirt the main obstacles faced by animals in criminal procedure and threaten the democratic will of the Swiss people. Two alternatives are discussed that can help Switzerland overcome its insufficiencies: the organizational right to appeal and victim rights for animals in criminal procedure. Using these alternatives, the article calls for the global emancipation of animals as the proper victims of crimes and for furnishing them with correlating rights to enforcement, including rights to representation. (shrink)

Central to Nozick’s Anarchy, State and Utopia is a defense of the legitimacy of the minimal state’s use of coercion against anarchist objections. Individuals acting within their natural rights can establish the state without committing wrongdoing against those who disagree. Nozick attempts to show that even with a natural executive right, individuals need not actually consent to incur political obligations. Nozick’s argument relies on an account of compensation to remedy the infringement of the non-consenters’ procedural rights. Compensation, however, cannot remedy (...) the infringement, for either it is superfluous to Nozick’s account of procedural rights, or it is made to play a role inconsistent with Nozick’s liberal voluntarist commitments. Nevertheless, Nozick’s account of procedural rights contains clues for how to solve the problem. Since procedural rights are incompatible with a natural executive right, Nozickeans can argue that only the state can enforce individuals’ rights without wronging anyone, thus refuting the anarchist. (shrink)

The ethics of policing currently neglects to provide a framework for analysing the morality of deliberate inactions to prevent harm, even though these are often adopted tactically by police as a means of preventing greater harms. In this paper we argue (a) that police have special moral obligations to prevent harm, grounded both in a contractarian account of police legitimacy and in the interpersonal morality of associations and (b) that police are morally culpable for failures to fulfil these special obligations (...) when these are neither proportionate nor necessary to the prevention of greater crime-related harms. Our claims have implications both for the morality of policing and for its regulation and governance under human rights legislation, which we argue should be reformed so as to recognise police culpability not only for inflictions of harm, but also for failures to prevent it. (shrink)

Central to Nozick’s Anarchy, State and Utopia is a defense of the legitimacy of the minimal state’s use of coercion against anarchist objections. Individuals acting within their natural rights can establish the state without committing wrongdoing against those who disagree. Nozick attempts to show that even with a natural executive right, individuals need not actually consent to incur political obligations. Nozick’s argument relies on an account of compensation to remedy the infringement of the non-consenters’ procedural rights. Compensation, however, cannot remedy (...) the infringement, for either it is superfluous to Nozick’s account of procedural rights, or it is made to play a role inconsistent with Nozick’s liberal voluntarist commitments. Nevertheless, Nozick’s account of procedural rights contains clues for how to solve the problem. Since procedural rights are incompatible with a natural executive right, Nozickeans can argue that only the state can enforce individuals’ rights without wronging anyone, thus refuting the anarchist. Thanks to Annette Dufner, Arnt Myrstad, Arthur Ripstein, Gopal Sreenivasan, James Sterba, Chloe Taylor, Sergio Tenenbaum, and Shelley Weinberg. Thanks also to Matt Zwolinski and Jonelle DePetro, who commented on earlier versions of the paper at the Central APA 2007 and at the 2006 Illinois Philosophical Association Conference (respectively). Finally, thanks to my graduate students at the University of Illinois at Urbana-Champaign for their active engagement with the ideas during a seminar on liberal theories of justice (fall 2007). (shrink)

BackgroundThe rigor and integrity of the published research in nutrition studies has come into serious question in recent years. Concerns focus on the use of flexible data analysis practices and selective reporting and the failure of peer review journals to identify and correct these practices. In response, it has been proposed that journals employ editorial procedures designed to improve the transparency of published research.ObjectiveThe present study examines the adoption of editorial procedures designed to improve the reporting of empirical studies in (...) the field of nutrition and dietetics research.DesignThe instructions for authors of 43 journals included in Quartiles 1 and 2 of the Clarivate Analytics’ 2018 Journal Citation Report category Nutrition and Dietetics were reviewed. For journals that published original research, conflict of interest disclosure, recommendation of reporting guidelines, registration of clinical trials, registration of other types of studies, encouraging data sharing, and use of the Registered Reports were assessed. For journals that only published reviews, all of the procedures except clinical trial registration were assessed.ResultsThirty-three journals published original research and 10 published only reviews. Conflict of interest disclosure was required by all 33 original research journals. Use of guidelines, trial registration and encouragement of data sharing were mentioned by 30, 27 and 25 journals, respectively. Registration of other studies was required by eight and none offered Registered Reports as a publication option at the time of the review. All 10 review journals required conflict of interest disclosure, four recommended data sharing and three the use of guidelines. None mentioned the other two procedures.ConclusionsWhile nutrition journals have adopted a number of procedures designed to improve the reporting of research findings, their limited effects likely result from the mechanisms through which they influence analytic flexibility and selective reporting and the extent to which they are properly implemented and enforced by journals. (shrink)

This article refers to the analysis of types of entrapment while gathering evidence in criminal proceedings. Based on the analysis of the laws of criminal procedure, theory and judicial practice, one could say that entrapment, as absolutely impermissible action in the course of simulation of a criminal act, could not be seen as mere pressure, active enticement or instigation to engage in criminal activity by restricting a person’s freedom of choice. As it happens, it is possible to provoke a (...) person without any active enticement or instigation to engage in criminal activity. This could be regarded as passive, indirect type of entrapment. The gist of the latter – creating the effect of minimum risk, meaning that a person, without any active enticement or instigation to engage in criminal activity, is acting in the course of a simulated situation, by thinking that the criminal activity he or she is committing will never be discovered by law enforcement authorities. The identification of passive entrapment is quite complicated, as it requires the precise assessment of the relation between the conduct of law enforcement authorities, the criminal and the criminal act, by using subjective and objective criteria. (shrink)

in Oct-14-1998 ordinance INDESP-IO4 established the federal software certification and verification requirements for gaming machines in Brazil. The authors present the rationale behind these criteria, whose basic principles can find applications in several other software authentication applications.

This Article examines consumer law enforcement in the EU. It shows how the effectiveness of collective and individual redress is intrinsically linked to the interplay between administrative and judicial enforcement and alternative dispute resolution. It addresses the trends and the contradictions of EU enforcement policies and their impact on national systems by looking at the role of general principles and fundamental rights, in particular Article 47 of the European Charter of Fundamental Rights. It concludes with policy recommendations (...) concerning how the various consumer enforcement mechanisms should be coordinated at the EU and national level to ensure comprehensive and effective protection in compliance with fundamental rights. (shrink)

Criminal law theory concerns itself with the justification of punishment. Conflicting moral theories of punishment will be held in liberal democracies. The positive law therefore neither will nor should reflect exclusively a single moral theory of punishment. Like the institutions for making law, the institutions for enforcing it will cause punishments imposed to deviate from what pure moral theory might prescribe. These claims are illustrated by the debate over blackmail prohibition. The best rationale for prohibition is not the moral argument (...) that blackmailers culpably cause harm, but the political argument that blackmailers threaten the state’s claimed monopoly on punishing crime. (shrink)

In the intellectual confusion prevailing since the demise of Marxism and “marxism”, the attempt is made to define democracy as a matter of pure procedure, explicitly avoiding and condemning any reference to substantive objectives. It can easily be shown, however, that the idea of a purely procedural “democracy” is incoherent and self-contradictory. No legal system whatsoever and no government can exist in the absence of substantive conditions which cannot be left to chance or to the workings of the “market” (...) but must be posited as objectives of political activity. The confusion results from a deficient understanding of what makes a society and an empty idea of “freedom”. The objective of politics is not happiness, an affair to be left to the individuals, but it certainly is liberty understood as participation in the governance of the polity; it is also the pursuit of the common good, defined as the sum of the prerequisites and facilitations of individual autonomy depending on collective action, and as the realization of commonly agreed collective goals. (shrink)

This article applies social entropy theory to international trade law, suggesting that observed shifts in world trading system towards disorder are the consequence of insufficient ‘energy’ inputs in the form of an effective, centralized legal framework and focused authoritative organization. In support of this claim, the article draws attention to recognized, substantive deficiencies in the World Trade Organization (WTO). These include trade round negotiation impasse, the rise of bilateralism, indeterminacy in the treaty texts and inadequate enforcement procedures. These problems (...) represent increasing disorganization, or entropy, in the world trading system, a phenomenon characterized most notably by growing income inequality between states and failure to achieve progress in further trade liberalization. While this article does not propose either specific predictions or comprehensive solutions to the dilemma of social entropy in the world trading system, it does suggest that a more robust, authoritative and trade-focused WTO is essential to counter the entropic tendencies within the supra-national trading system. This should help to ensure future growth and achieve the fuller distribution of economic prosperity through global trade. (shrink)

Formalizing shared ethical standards is an activity of scientific societies designed to achieve a collective goal of promoting ethical conduct. A scientist who is faced with the choice of becoming a “whistleblower” by exposing misconduct does so in the context of these ethical standards. Examination of ethics policies of scientific societies which are members of the Council of Scientific Society Presidents (CSSP) shows a breadth of purpose and scope in these policies. Among the CSSP member societies, some ethics policies chiefly (...) present the ethical culture of the community in an educational context and do not have enforcement procedures. Other policies are more comprehensive and include standards for certification, procedures for addressing ethical issues, and established sanctions. Of the 36 member societies of CSSP that have developed a code or adopted a code of another professional society, 18 specifically identified a responsibility to expose ethical misconduct, demonstrating an acknowledgment of the possible critical role of the whistleblower in addressing ethical issues. Scientific societies may revise their ethics codes based upon experience gained in addressing cases of ethical misconduct. In most cases, the action of a whistleblower is the initial step in addressing an ethics violation; the whistleblower may either be in the position of an observer or a victim, such as in the case of someone who discovers that his or her own work has been plagiarized. The ethics committee of a scientific society is one of several possible outlets through which the whistleblower can voice a complaint or concern. Ethical violations can include falsification, fabrication, plagiarism and other authorship disputes, conflict of interest and other serious violations. Commonly, some of these violations may involve publication in the scientific literature. Thus addressing ethical issues may be intertwined with a scientific society’s role in the dissemination of new scientific results. For a journal published by a scientific society, the editor can refer at some point to the ethics committee of the society. Whereas, in the case of a journal published by a commercial publisher, the editor may be without direct support of the associated scientific community in handling the case. The association of a journal with a scientific society may thus direct a whistleblower towards addressing the issue within the scientific community rather than involving the press or talking to colleagues who may gossip. A formal procedure for handling ethics cases may also discourage false accusers. Another advantage of handling complaints through ethics committees is that decisions to contact home institutions or funding agencies can be made by the ethics committee and are not the responsibility of the whistleblower or the editor of the journal. The general assessment is that the establishment of ethics policies, especially policies covering publication in society journals, will promote a culture supportive of whistleblowers and discouraging to false accusers. (shrink)

The Association for Computing Machinery's Committee on Professional Ethics has been charged to execute three major projects over the next two years: updating ACM's Code of Ethics and Professional Conduct, revising the enforcement procedures for the Code, and developing new media to promote integrity in the profession. We cannot do this alone, and we are asking SIGCAS members to volunteer and get involved. We will briefly describe the rationale and plan behind these projects and describe opportunities to get involved.

The author of the Society of Professional Journalists, Sigma Delta Chi's Code of Ethics traces the history of the code and demonstrates how this and other codes are double?edged swords that demand accountability at the same time they attempt to instill the public with some confidence in journalism. A primary concern over the 1973 SPJ/SDX Code is its concluding clause asking SPJ members to censure wrongdoers in the profession. These ?teeth?; have never been effectively utilized, the author maintains. Journalists are (...) uncomfortable with calling attention to the sins of fellow professionals, and are concerned about due process. Recent efforts to establish enforcement procedures have been futile, garnering little support from SPJ leaders or the rank and file. The author points to the irony of professionals who voluntarily embrace ethical principles but are afraid that those principles will be imposed upon them. (shrink)

In this paper, I distinguish terrorism from other crimes and from war, noting that terrorism may be perpetrated not only by private individuals and members of nonstate organizations, but also that it may be ordered by the state. Since terrorism is illegal almost everywhere, I argue that the proper response to it is usually through law enforcement rather than military measures. In some circumstances, however, I content that even law enforcement procedures may be used by the state to (...) terrorize civilians. Since nonstate terrorism is usually intended to draw attention to social grievances, I conclude that eliminating terrorism requires addressing those grievances. (shrink)

LARSEN A‐C. Nursing Inquiry 2012; 19: 334–344 Trappings of technology: casting palliative care nursing as legal relationsCommunity palliative care nurses in Perth have joined the throng of healthcare workers relying on personal digital assistants (PDAs) to store, access and send client information in ‘real time’. This paper is guided by Heidegger’s approach to technologies and Habermas’ insights into the role of law in administering social welfare programs to reveal how new ethical and legal understandings regarding patient information add to nursing’s (...) professional responsibilities. This qualitative research interprets data from interviews with twenty community palliative care nurses about clients’ legal rights to informational privacy and confidentiality. It explores nurses’ views of their nursing responsibilities regarding clients’ legal rights, liability issues, bureaucratic monitoring and enforcement procedures. It concludes that nurses and clients are construed as legal subjects entrenched in legal relations that have magnified since these nurses began using PDAs in 2005/2006. (shrink)

Much of the research that has been carried out on occupational health and safety involves studies of regulatory practices. OHS studies linearly maintain that early legislations were of minimal consequence. Implementation is a two-tier structure—policy-making and enforcement. This article considers the main themes and findings of this body of research. It is structured around a “natural history” approach to understanding law. This approach regards law as a process which starts with the recognition of a problem demanding legal intervention and (...) the subsequent enactment of legislation. Several jurisdictions additionally encourage workers to join the enforcement procedure. Law being intrinsic to OHS, enforcement emerges as the key to explain its impact, while evidence suggests the role of sanctions on it. The article highlights areas that remain relatively uncharted and those that warrant more research. (shrink)

. The ability to enforce the provisions of a code of conduct influences whether the code is effective in shaping behavior. Enforcement relies in part on the willingness of organization members to report violations of the code, but research from the business and educational environment suggests that fewer than half of those who observe code violations follow their organizations procedures for reporting them. Based on a review of the literature in the business and educational environments, and a survey of (...) 3605 students at a mid-sized comprehensive university, this paper attempts to make conceptual sense of the non-reporting phenomenon. We present a conceptual framework based on four distinct factors which we have labeled: (1) factual non-responsibility; (2) moral non-responsibility; (3) consequential exoneration; and, (4) functional exoneration. Each of these factors suggest a different remedial strategy as well as provide a theoretical foundation for future research. Testable propositions for future research are developed, and some implications for organization leaders are discussed. (shrink)

Due to constraints on institutional capacity and financial resources, the road to universal health coverage (UHC) involves difficult policy choices. To assist with these choices, scholars and policy makers have done extensive work on criteria to assess the substantive fairness of health financing policies: their impact on the distribution of rights, duties, benefits and burdens on the path towards UHC. However, less attention has been paid to the procedural fairness of health financing decisions. The Accountability for Reasonableness Framework (A4R), which (...) is widely applied to assess procedural fairness, has primarily been used in priority-setting for purchasing decisions, with revenue mobilization and pooling receiving limited attention. Furthermore, the sufficiency of the A4R framework’s four criteria (publicity, relevance, revisions and appeals, and enforcement) has been questioned. Moreover, research in political theory and public administration (including deliberative democracy), public finance, environmental management, psychology, and health financing has examined the key features of procedural fairness, but these insights have not been synthesized into a comprehensive set of criteria for fair decision-making processes in health financing. A systematic study of how these criteria have been applied in decision-making situations related to health financing and in other areas is also lacking. This paper addresses these gaps through a scoping review. It argues that the literature across many disciplines can be synthesized into 10 core criteria with common philosophical foundations. These go beyond A4R and encompass equality, impartiality, consistency over time, reason-giving, transparency, accuracy of information, participation, inclusiveness, revisability and enforcement. These criteria can be used to evaluate and guide decision-making processes for financing UHC across different country income levels and health financing arrangements. The review also presents examples of how these criteria have been applied to decisions in health financing and other sectors. (shrink)

Hope and Gabbert review and distil the relevant research examining the mnemonic consequences associated with conversations within an eyewitness context. In particular, they focus on how co‐witnesses’ retellings of witnessed events impair the quantity and quality of information subsequently reported to law enforcement authorities. Notably, they also provide interventions (e.g., careful witness management and post incident procedures, use of warnings, early individual accounts, etc.) to mitigate these negative, well‐documented mnemonic effects.

In this paper I argue that liberal democratic communities are justified in regulating the activities of their members because of the inevitable existence of conflicting conceptions of what is considered as morally right. This will often lead to tension and disputes, and in such circumstances, reliance on peaceful or orderly co‐existence will not normally suffice. In such pluralistic societies, the boundary between permissible and impermissible activities will be unclear; and this becomes a particular concern in controversial issues which raise specific (...) anxieties and uncertainty. One context that has repeatedly raised issues in this regard is that of biotechnology and, in particular, the recent stem cell debate, on which this paper concentrates. While such developments have the potential to make significant improvements to therapeutic progress, we should also be sceptical because predicting the impact of these developments remains uncertain and complex.For the sake of socio‐political stability, it will therefore be necessary to enact and enforce rules which limit these competing claims in public policy but which may not be compatible with what individual moral commitments ideally permit. One way to achieve this is to establish procedural frameworks to resolve potential disputes in the public sphere about what is right, wrong, or permissible conduct. I argue that for one to commit to authoritative regulation, an idea of harm prevention through state intervention is necessary; and that this requires optimum mechanisms of procedure which allow the individual the opportunity to compromise and yet to continue to oppose or fight for changes as demanded by his or her moral position. (shrink)

ABSTRACT In this paper I argue that liberal democratic communities are justified in regulating the activities of their members because of the inevitable existence of conflicting conceptions of what is considered as morally right. This will often lead to tension and disputes, and in such circumstances, reliance on peaceful or orderly co‐existence will not normally suffice. In such pluralistic societies, the boundary between permissible and impermissible activities will be unclear; and this becomes a particular concern in controversial issues which raise (...) specific anxieties and uncertainty. One context that has repeatedly raised issues in this regard is that of biotechnology and, in particular, the recent stem cell debate, on which this paper concentrates. While such developments have the potential to make significant improvements to therapeutic progress, we should also be sceptical because predicting the impact of these developments remains uncertain and complex. For the sake of socio‐political stability, it will therefore be necessary to enact and enforce rules which limit these competing claims in public policy but which may not be compatible with what individual moral commitments ideally permit. One way to achieve this is to establish procedural frameworks to resolve potential disputes in the public sphere about what is right, wrong, or permissible conduct. I argue that for one to commit to authoritative regulation, an idea of harm prevention through state intervention is necessary; and that this requires optimum mechanisms of procedure which allow the individual the opportunity to compromise and yet to continue to oppose or fight for changes as demanded by his or her moral position. (shrink)

State policy in the field of law enforcement during the Khrushchev's period wasn't a stabile. The first wave of changes was associated with the abolition of some legislative acts of the Stalinist period, a significant softening of punitive line, narrowing of the scope of capital punishment, empowerment convicted people etc. On the one hand, these steps are partially rehabilitating the Soviet law enforcement. On the other hand, government actions were unreasoned and populist, designed for quick political effect. The (...) next wave of change was due to the spread of the idea of the gradual withering away of the state in terms of building a communist society. As a consequence of this ideology was the reduction of employees in the field of law enforcement and attracting a variety of civic organizations, labor groups and citizens to fulfill a variety of law enforcement functions (voluntary civil police, civil judges, civil assistant investigator, civilian prosecutors, civil lawyers, etc.). And finally, the soviet leadership made steps in the field of law enforcement toward stricter penalties for serious crimes, as well as expanding the scope of the death penalty. The country's leadership was actively intervened in the work of law enforcement. Communist Party took control the law enforcement agencies due to the appointment to senior positions along party lines and managing work of party members through the party cell. One of the major controversies of the time was mixing the steps to improve of law enforcement sphere (increased attention to the frames, structural changes, strengthening analytical work in the study of crime statistics), with a desire to demonstrate the advantages of the socialist way of life (which was manifested in the silencing of certain criminal manifestations, artificially lowering their significance by reducing the liability on them, outright ignoring problems and their causes, etc.). Contradictions were observed in the conduct of state punitive line too. On the one hand, it was a significant step up from the Stalinist penal system by expanding the rights of prisoners, procedural rules, which led to a softening of the repressive pressure on the population. On the other hand, the state retained its attitude to dissent; applying the new forms social exclusion of dissidents, for example, applying to them the impact of psychiatric measures. These moments hampered consolidation of the new format of normative behavior in the minds of ordinary citizens, and gave rise to "double standards", the imbalance between what is declared and what actually happened. (shrink)

In order to design and implement electronic institutions that incorporate norms governing the behavior of the participants of those institutions, some crucial steps should be taken. The first problem is that human norms are (on purpose) specified on an abstract level. This ensures applicability of the norms over long periods of time in many different circumstances. However, for an electronic institution to function according to those norms, they should be concrete enough to be able to check them run time. A (...) second problem is that norms describe which behavior is desirable and permitted, but not how this is achieved in an institution. In the “real world" regulations often indicate procedures for implementing and enforcing the law. Likewise we should devise means to annotate the norms with practical aspects such as enforcement mechanisms, sanctions, etc. in order to get requirements for an institution that will enforce norms (by either constraining behavior within the norms or reacting to violation of the norms). The choice of which kind of mechanism is chosen is not a normative one, but usually based on criteria of efficiency and/or feasibility of the mechanism. In this paper we present our view on how to approach these problems and other related issues to be solved in order to develop e-institutions capable to operate in complex, highly regulated scenarios. (shrink)

The increasing use of digital technologies in judicial and arbitration proceedings increases the usage of digital evidence by the parties, which brings the necessity of creating patterns for adjudicators to admit and assess this new type of evidence. This paper generally addresses digital evidence focusing on the second moment in international arbitration proceedings. It also narrows the topic to hacked and leaked evidence and its admissibility in international arbitration. The literature review showed a significant amount of research devoted to the (...) evidence in arbitration. Some considered electronic evidence within one jurisdiction; others focused on certain forms of digital evidence such as electronic signatures. Papers on digital evidence in international arbitration approach arbitration rules for digital evidence but skip admissibility issues. No systemic and complex works research digital evidence in arbitration, explicitly focusing on the admissibility of hacked and leaked digital evidence from a comparative perspective. Also, no research deals with enforcing international arbitration awards relying on illegally obtained digital evidence. In these cases, there could be a possible violation of domestic public policy under the New York Convention terms (art. V, 2, b). That is why the paper aims to offer the concept of digital evidence in international arbitration, including hacked and leaked evidence, criteria of its admissibility and relevance, and design the arbitration guidelines for assessing hacked and leaked evidence. Comparative legal analysis of the international arbitration rules and national procedure law allowed us to compare the regulatory approaches to the definition of digital evidence and its admissibility worldwide. The method of legal modeling allowed designing model guidelines for arbitral tribunals to evaluate the admissibility and relevance of digital evidence, including hacked and leaked evidence. Moreover, the case study method allowed us to analyze jurisprudence and define criteria for admission of hacked and leaked evidence. We conclude that the admissibility of hacked and leaked evidence depends solely on the arbitrator’s broad discretion to assess the evidence. Nevertheless, thorough evidence analysis and a well-reasoned award are always mandatory. (shrink)