Telesno kažnjavanje dece sa aspekata porodičnog i krivičnog prava - (ne)pomirljivi tonovi

The classic method of teaching comparative law produces students who depend only on course materials. They may gain knowledge of different aspects of the laws and legal systems of various other countries, but find it difficult to conduct research and write on comparative law independently. This paper discusses comparative law teaching methods by examining the experience of teaching comparative criminal law in the Master's Programme in Law at the Faculty of Law, Universitas Indonesia. Although it was once sufficient for students to understand comparative law and some aspects of criminal law, the course's learning outcomes have since changed: students are also expected to have the ability to conduct research and write on comparative law upon completing the course. For this shift to take root, several changes are necessary: first, students must become more active in their learning and do more than just receive knowledge passively from course materials provided by their lecturers; second, students should seek out more reference materials beyond the syllabus and learn to use libraries and online databases more effectively; and third, students must improve their mastery of English and other languages, if possible.

This article presents an example of the use of economic analysis to understand Jewish law. The model used is an application of the economic analysis of law, which has become increasingly prominent in the philosophy and study of law. Economic analysis of law deals not only with those aspects of law that are usually regarded as purely “economic,” but also with more general categories of law, such as property rights, torts, and family law. Indeed, it can be said to deal with all aspects of civil and criminal law. Following this new approach, this article seeks to apply the economic analysis of law to Jewish tort law and, specifically, to laws relating to fire damage. It explains the economies of the laws of fire damage followed by proper care and due care as well as efficient care. This article enumerates a graphical illustration of the unilateral care model; an analysis of differential care concludes the article.

A book series dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe. The books are published in English, French or German under the auspices of the Organising Committee of the Commission on European Family Law (CEFL). The ageing population poses a huge challenge to law and society and has important structural and institutional implications. This book portrays elder law as an emerging research area and brings together authors from different disciplines (history, sociology and law) and from different legal jurisdictions (Austria, Belgium, England, Germany, the Netherlands and Spain). Topics discussed inter alia include: the recognition of informal care in private law and in inheritance law, the question of whether special consumer protection is needed for the elderly, intergenerational support duty between children and their parents, and public law offering options to support informal care by means of leaves for employees. In doing so, this book reflects on the allocation of responsibilities between different actors and answers questions at an institutional level: what is the role of the state, the family and the individual in taking care of the elderly? This book will appeal to academic scholars and postgraduate students of law and social sciences. With contributions by Elisabeth Alofs (Free University of Brussels), Susanne Burri (Utrecht University), Christian Dorfmayr (University of Vienna), Susanne Heeger-Hertter (Utrecht University), Leen Heylen (Thomas More University of Applied Sciences), Jeroen Knaeps (Thomas More University of Applied Sciences), Dimitri Mortelmans (University of Antwerp), Froukje Pitstra (University for Humanistic Studies), Jordi Ribot (University of Girona), Wendy Schrama (Utrecht University), Ute Christiana Schreiner (University of Vienna), Brian Sloan (University of Cambridge), Veerle Vanderhulst (Free University of Brussels) and Frauke Wedemann (University of Münster). Elisabeth Alofs is Professor of Family (Property) Law and Director of the Master of Laws in Notarial Studies at the Free University of Brussels. She is a post-doctoral researcher at the University of Antwerp and is Vice President of the Flemish Association of Lawyers. Elisabeth publishes on family law and social security law and is an editor of several law journals and book series. Wendy Schrama is Professor of Family Law and Comparative Law and Director of the Utrecht Centre for European Research into Family Law (UCERF) at Utrecht University. She serves as an editor of several family law journals and commentaries, and has published extensively on family law issues. She also is a part-time family law judge at a Dutch district court and has previously worked at the Dutch Ministry of Justice.

This article examines two models relating in different ways to issues of physical, sexual, and emotional abuse between spouses in various legal contexts (criminal law, tort law, and family law) – Jewish law and Israeli law. The two models find solutions, albeit only partial ones, to the problem, in the various legal fields, but their attitudes towards the issue are different. As a matter of fact, in Israeli tort law, there is no special tort of physical, sexual, or mental abuse within the family or in general. This does not mean that a tort action of a spouse against another spouse due to such abuse cannot be recognized, if the issue enters into the framework of one of the existing torts, but the response by these means is not sufficient. In Israeli criminal law, the situation is even worse: the Penal Code has no crime of physical, sexual, or mental abuse except towards a minor or defenseless person. The family law in Israel is a little more encouraging: while mental violence is recognized as a cause for an injunction and restraining order against the violent and abusive party, this is still in rarer and more exceptional cases than for physical or sexual abuse, for example, and other legislative arrangements also discriminate against it, as compared to physical or sexual abuse. Thus there arises a picture of a relatively problematic situation, under which Israeli law handles matters of abuse in a partial and unsatisfactory manner. Jewish Law has followed another and unique path on this matter, placing on the table the special problematicalness of physical and mental abuse that is so typical, unfortunately, of spousal relations. Firstly, Jewish Law emphasizes the duty of spouses to act respectfully towards one another and gave this duty operative-legal significance. Secondly, the Jewish Sages saw acts of violence against a spouse as particularly severe and thought that they justified strong legal policy substantively different from that taken in regular cases of abuse by one person of another (who is not his spouse). In very many cases, Jewish Law relates to the matter of physical violence, where most of the sources on the subject exist, draws conclusions from it, and creates a similar law with regards to mental abuse as well. This is particularly true in the case of civil-tort law and in the case of abuse as grounds for divorce. Jewish Law also uses, generally with great success, an effective societal-criminal punishment of excommunication and ostracism against one who hits his wife or mentally abuses her, while at the same time employing a long list of additional sanctions (such a financial penalties, prison, corporal punishment, etc). Therefore it seems that Jewish Law can serve as a more appropriate model on the fundamental level for handling this matter, obviously after changes adapting it to Israeli law. The model proposed at the end of the Article is an original model that attempts to utilize the advantages of the existing systems and to improve upon them. Under this model, intervention of the legislator is needed to create a special criminal offense of spousal abuse in the Penal Code and a particular tort of spousal abuse in the Civil Code (besides the possibility of ruling increased or punitive damages for such a tort due to its nature), in addition to making the test for granting a restraining order for mental abuse more flexible within family law. All this is an amendment to the existing Israeli law and influenced by Jewish Law. The model also proposes legislative amendments (a tort and crime of abuse, according to its types) and calls for the status of mental abuse to be equalized to that of physical and sexual abuse in the framework of restraining orders in family law as well.

The Future of Animal Law

This paper will describe online games with the dimension of gambling, so that the discussion is about the form of online games with the dimensions of online gambling in the aspect of criminal law and the application of criminal sanctions for users of online games with the dimensions of online gambling from the perspective of criminal law. The research method uses normative juridical research which refers to secondary data that reveals data that takes the truth obtained from the literature and the field by combining regulations, scientific books that are related to this research. The results of the study found that the form of online games with the dimensions of online gambling in the aspect of criminal law that online games with dimensions of online gambling through the internet network is a form of gambling in which the entire process is both the stakes, the games and the collection of money via the internet which of course the players have to do. an upfront deposit before being able to play online gambling games. Forms of online gambling games found on internet networking sites, for example chips game higgs domino, sports gambling, texas holdem poker and casino gambling games. While the application of criminal sanctions for users of online game games with the dimension of online gambling from a criminal law perspective, of course, still refers to the provisions of Article 303 of the Criminal Code and Article 303 bis of the Criminal Code and Law No. 11 of 2008 concerning Information and Electronic Transactions as amended by Law no. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions.

This paper explores the links between regulation scholarship and criminal law scholarship. It focuses on the norms and doctrines of criminal law in order to ask three questions. First, what contribution, if any, does criminal law make to the regulatory tasks of the criminal process as a whole and, assuming that criminal law is making some regulatory contribution, what is distinctive about criminal law’s regulatory aspect? Second, how is criminal law itself regulated by other normative systems, and might substantive or procedural changes in criminal law enhance its regulatory contribution: might, as it were, criminal law itself be more effectively regulated? Third, how, if at all, have the dynamics of regulation in late modern states affected criminal law, and what contribution does or might criminal law make to the reflexive or responsive regulation of socially undesirable behaviour? The paper first sketches out the theoretical framework which will shape its analysis, tracing the application of that framework to the various aspects of criminalisation. Second, it applies this analysis to a number of key aspects of criminal law viewed in historical perspective, so as to tease out the regulatory aspects of modern criminal law in England and Wales. Thirdly, it addresses some of the questions raised in the introduction to this collection, so as to examine the regulatory and meta-regulatory actuality and potential of criminal law in the contemporary regulatory state.

Today, family law is, to a surprising degree, at the center of com parative law inquiries committed to legal unification. Comparative family law projects range from analyzing convergence and harmoni zation proposals in the West, to law and development schemes in the rest of the world. The most salient reforms of abortion, same-sex mar riage, transsexual, and adoption rights are increasingly promoted at the transnational level through international human rights and an tidiscrimination principles. Regional and international human rights tribunals in Europe and Latin America are called upon to interpret the right to family life, non-discrimination, and freedom of movement principles to redefine the contours of domestic family, immigration, and employment law regimes. While comparative lawyers are increas ingly involved in shaping these transnational family law regimes, they present their choices as reflecting objective scientific knowledge that they have acquired through the comparative law method. This consensus about a single comparative law method is troubling because it allows comparison between abstract family law regimes that bear little relevance to what happens in practice or to the proposal of a best family law regime for unification purposes, while obscuring the political and economic implications of adopting one particular family law regime over another. Since the early 1900s, however, two conflicting methodologies have characterized the work of Western comparative lawyers address ing the family: social-purpose and positive-sociology functionalism. These Western comparative lawyers separated the individualist and universal sphere of the market from the altruistic, organic, and tradi tional sphere of the family. Because of this market I family dichotomy, family law was marginalized by those interested in the harmonization

In the closing decades of the twentieth century, the discipline of comparative law appeared to be on the wane, as it was largely subsumed under international law or transnational law, broadly conceived. As globalization took hold at the end of the Cold War and global or regional institutions such as the WTO, ICC, NAFTA, EU, AU, GCC, etc., proliferated, there was alarm at what was perceived as fragmentation of law. There was also an apparent scramble for the characterization or christening of the new or emerging system of norms or what Teubner described as “global bukowina.” It is suggested that what is really happening is the re-emergence or re-invention of comparative law. As the centers of power, capital, production, influence etc., diversify from their core Eurocentric conceptions and manifestations, so it is imperative that the legal traditions and interests of other parts of the world be factored into legal formations, discourses and practices. Comparative law therefore is no longer limited to the comparison of common law with civil law or the Code versus precedent. Even then, the conventional history or origin of the European systems is challenged. It is argued that common law, for example, has Islamic origins. Contemporary comparative law now takes cognizance of Islamic law, Confucianism, traditions of Africa and the Orient. Hence, the adaptation of the principles of Islamic finance in London, Dubai, Kuala Lumpur and elsewhere, the adoption of sustainability principles in property law, obligations and international law, the practice of restorative justice in criminal law and the role of victims in punishment and sentencing, the institutionalization of mediation, conciliation and negotiations in family law, business law as well as in the curricula of Western Law Schools. Contemporary comparative law also embraces international law in all its fragments. The relationship between international law and domestic law is no longer pristine or hierarchical. It is both horizontal and complementary. The strict application of monist and dualist theories has become quite obsolete or unrealistic. It is for these reasons that the College of Law of Qatar University, under the leadership of Dean Hassan Okour, conceived and organized a conference on comparative law in 2012. The theme was “The Comparative Law Triangle: The Influence of Islamic Law, Civil law and Common Law on Each Other.” It brought together scholars in comparative law from Canada, France, Egypt, Germany, United States, United Kingdom and other jurisdictions who joined colleagues from Qatar University in deliberating on the modern issues of comparative law. Papers were presented on constitutional law, business law, criminal law, obligations and others, reflecting on the points of convergence and divergence in the various legal traditions. There were papers that also discussed international law and its relationship to domestic law, the ethics of legal advice leading to the financial crisis of 2008, the place of human dignity in constitution making as well as the pedagogy on comparative law as a discipline. The articles presented in this special issue of International Review of Law (IRL) were a selection from the papers presented at the conference. As the convener of the conference, I can testify to the rigor of the papers presented and the animated discussions and debates that followed the papers. It is my privilege and honor to present a selection of the papers to the wider global audience of the journal. In making the selection, the referees and editors were minded by both the rigor of the papers, their relevance to the region and their reflection of the four key panels of the conference – constitutional law, criminal law, obligations and business law.

I am a child of the 1970s. I grew up in Adelaide in the Dunstan decade. My earliest political recollection is of my parents discussing the dismissal of Whitlam in 1975. I believed university educat...

The family is the smallest social unit in society that acts and a great impact on the development of social and personal development of each member of the family. Tension and conflict between husband and wife or parent and child is a natural thing in a family or household, but it becomes natural to resolve the conflicts by using violence. Such behavior can be said on the actions of domestic violence (domestic violence). Indonesia actually have to have a regulation on the subject in Law No. 23 Year 2004 concerning the Elimination of Domestic Violence (domestic violence), but the case of domestic violence continues to increase each year, which raises the idea that the principles of Restorative Justice can be an alternative to the settlement of a criminal act. This thesis will discuss about how to shape the implementation of the principles of Restorative Justice in the completion of the crime of domestic violence as well as the urgency of setting the principles of Restorative Justice related to the completion of the crime of domestic violence based on Law Number 23 Year 2004 concerning the Elimination of Domestic Violence. Writing this paper receipts normative juridical approach using secondary data law made primary, secondary, and tertiary. The data obtained and analyzed qualitatively. The specification is descriptive analysis that comprehensively describe the completion of the crime of domestic violence based Restorative Justice is associated with Law Number 23 Year 2004 concerning the Elimination of Domestic Violence. Conclusion The study says that the form of the Application of Restorative Justice in the completion of the crime of domestic violence carried out by penal mediation process is based on the discretion of the investigator. Related to the philosophical framework, the presence of Restorative Justice approach in criminal law is not intended to abolish the criminal law, or melt criminal law and civil law, as Restorative Justice approach that prioritizes the path of mediation between victims and perpetrators. Restorative Justice approach to restore the function of criminal law at the beginning was to track the function ultimum remedium.

INTRODUCTION The Commission on European Family Law (CEFL) has reached its 19th year of existence. Established in 2001, the CEFL has drafted five sets of Principles of European Family Law in the field of divorce, maintenance between former spouses, parental responsibilities, property relations between spouses and de facto unions. They can be considered as model laws for national legislators in their quest to reform their family law systems. In turn, new family law legislation inspired by the European Family Law Principles contributes to the further harmonisation of family law in Europe. This contribution provides information about the various activities of the CEFL, its organisation, working method, results, finances and impact so far. Finally, the question of the next steps to be taken will be answered. ORGANISATION, COMPOSITION AND MEETINGS The CEFL is a foundation under Dutch law. The CEFL consists of two groups: the Organising Committee and the Expert Group. The Organising Committee set up the Expert Group and prepared and coordinated the work of the Commission as a whole. The members of the Organising Committee are at the same time members of the Expert Group. Over the years the composition of the Organising Committee has hardly changed. Frederique Ferrand (Lyon), Nigel Lowe (Cardiff), Dieter Martiny (Frankfurt (Oder), later Hamburg) and this author (Utrecht, later Hamburg) were the founding members, together with Walter Pintens (Leuven) and Dieter Schwab (Regensburg). The latter left in 2003 and two new members joined the Organising Committee in that same year: Cristina Gonzalez Beilfuss (Barcelona) and Maarit Jantera -Jareborg (Uppsala). Only in 2013 was Walter Pintens replaced by Velina Todorova (Sofia). The Expert Group is comprised of specialists in the field of family and comparative law from most of the European Union Member States, with the involvement of experts from other European countries, such as Norway, Russia and Switzerland. Over the years, the number of experts has increased. For each specific working field, they were invited to contribute by drafting a national report and taking part in Expert Meetings. Some of them have accompanied us over the years, others have been replaced by new experts, and still others have only joined the group for the latest working field.

The Act on the Crime of Sexual Violence is a legal umbrella to protect victims of criminal acts of sexual violence. This law has been eagerly awaited by all levels of society given the large number of cases of sexual violence. The Act on the Crime of Sexual Violence is a positive step for the government in dealing with the increasing number of cases of sexual violence in Indonesia. In this study, we will discuss the renewal of criminal law and criminal procedural law in the Criminal Act of Sexual Violence. The type of research used in this research is normative legal research. Normative legal research is research that puts law as a system of norms. The system of norms here is about principles, norms, rules of statutory regulations, court decisions, agreements, and doctrines. In the Act on the Crime of Sexual Violence, there are reforms in aspects of criminal law and criminal procedural law. These reforms aim to complement the Criminal Code and the Criminal Procedure Code. These reforms can also be said to be a deviant aspect of the Criminal Code and the Criminal Procedure Code. However, this is solely to protect the public from criminal acts of sexual violence. In addition, it also aims to enforce a more comprehensive and just law with a more perspective on victims.

Sexual desire and sexual activity long have played central roles in family law, rationalizing its rules, informing its policies, and animating any number of calls for reform. Since the 1970s, gender equality has also become a salient value in family law - purporting to correct legally imposed double standards of the past. Yet, despite the conceptual centrality of sexual desire and sexual activity, family law says nothing explicit about sexual pleasure. And despite the salience of gender equality in contemporary family law, the field remains preoccupied with performances that produce heterosexual men's orgasms while ignoring or rejecting women's interest in orgasmic pleasure. As a result, family law today is marked by fundamental omissions and inconsistencies.This paper attempts to begin to fill the gap and to explore the incongruities. It builds on Susan E. Stiritz's Cultural Cliteracy: Exposing the Contexts of Women's Not Coming (published as a companion piece) and examines the relevance of Stiritz's analysis for family law. According to Stiritz, '[c]ultural cliteracy' denotes what an adequately educated person should know about the clitoris, which is that it is a culturally despised body part because it is an obdurate reminder of women's independence and power and supports women's liberation. Stiritz tracks the role of the and women's sexual pleasure through history, compares past and contemporary anatomical understandings of the clitoris, and then demonstrates through empirical studies, based on courses she has taught, how cultural cliteracy can empower women and bring new insights to the reading of women's texts. She calls for the integration of adequate understandings of the clitoris into a variety of different discourses, including law.In response, this paper focuses on family law as a promising site for integrating cultural cliteracy into legal discourse. Part I introduces the project and its challenges. Part II explores the central role of sex in family law, with emphasis on how family law seeks to channel sexual desire into monogamous marriage and how this effort to manage sexual activity plays out, given the pervasive silence about women's sexual pleasure. This analysis, in turn, exposes significant inconsistencies, challenging the coherence of family law’s own stated policies, including its simultaneous preference for monogamous marriage, acceptance of no-fault divorce, and commitment to gender equality. Part III turns to contrasting ways to make family law more culturally cliterate, specifically, allowing individuals to learn what they can from popular culture versus undertaking affirmative government efforts to promote such knowledge, through educational programs. Part III next looks beyond educational programs to suggest how respect for women's sexual pleasure might prompt rethinking several specific aspects of family law, including divorce grounds; civil actions for sexual harm; and the legal treatment of various supports, interventions, and protections that facilitate sexual pleasure, from sex toys to reproductive autonomy. Part IV concludes with a deeper look at the prospect of a culturally cliterate family law, including the fundamental paradoxes that it might pose.

Freedom of conscience and religion is one of the most important areas of legal protection, reflecting a high level of both culture and democratization for contemporary states. This is especially significant for the countries of the former Eastern Bloc, which experienced decades of totalitarianism under socialist regimes. The protection of conscience and religious rights is always reflected in several sources of law, commencing with the constitution, and this is also the case of the Slovak Republic. The constitutional rights in this area were reflected also in other branches of law, such as family law, covering the private integrity of every individual, and criminal law, which deals with the most serious violations of legal norms. This study discusses the elements of state religious law contained in the family and criminal law of the Slovak Republic, starting with the nation’s older legal regulations.