Justification For Action Research Articles

The judicial expertise - a mandatory part of legal investigations

Both the Civil Procedure Code and the Criminal Procedure Code as well as their application in criminal, civil, commercial and contraventional cases, state the use of scientific evidence in finding out the truth, consisting in the judicial expertise. Unless the law expressly provides for the obligation to carry out an expertise, and we consider here the forensic expertise - meant to establish the days of medical care provided, or the cause of death, or establishing the identity of a person based on the expertise of biological traces, in various other cases the procedural legislation does not oblige the court to administer scientific evidence, leaving the choice to its discretion or, where appropriate, to the criminal investigation body. However, even if there are no provisions that expressly oblige the use of judicial expertise, we consider that both the investigation and prosecution body, the policeman or the prosecutor, as well as the courts, are obliged to order the performance of a judicial expertise when the facts deduced through the investigation or judgment cannot be clarified otherwise than on scientific basis and using the knowledge of experts in the respective domain. Beyond the classical forensic expertise of writing, namely the graphoscopic expertise, of ballistic expertise and automotive technical expertise on the dynamics of the occurrence of driving accidents - our list is not exhaustive - which are commonly carried out in both civil files, but especially in criminal cases there are situations in which we believe that it is necessary to administer scientific evidence to find out the truth. No matter how well prepared the person who finds and investigates a contravention or a crime, is, or those who are called upon to rule on civil cases, they cannot rule on technical issues, the existence of chemicals or possibly prohibited substances, as well as the overcoming of accepted decibels or the existence of products that could be considered waste - and the list could continue with other examples. However, in practice the tendency of those called to perform the act of justice is increasingly observed, to be limited to the mere findings made “with their own senses” by agents, local police or national police workers, employees of the Environmental Guard. These so-called technical findings or observations do not have the value of judicial expertise and cannot supplement such evidence by scientific quality or by objectivity, as long as they are drawn up by individuals who do not have the necessary and recognised level of scientific training, and are part of the bodies who only observe and note the facts and sanction them or send them to competent bodies for resolution. Consistent with European jurisprudence, we believe that finding out the truth involves the use of independent and objective judicial experts, highly trained specialists, or recognized and independent laboratories of expertise.

Driving under the influence of psychoactive substances.„Influence” an issue in judicial practice?

"At the end of the 19th century, the punitive celebration disappears, punishment becomes the most hidden part of the criminal process, leaving the domain of everyday perception to enter in abstract consciousness," recorded Michel Foucault in his famous work "Discipline and Punish: The Birth of the Prison" (Foucault, 1997). Therefore, it tends to a change of paradigm, it is desired that the effectiveness of the punishment is not the product of its visible intensity, but of the high degree of certainty. Metamorphosed from a theatrical act (often violent and public) into an administrative act, hidden from the eyes of citizens, criminal policy had to be adapted to encompass the new valence of the act of justice. One of the main means of punitive efficiency by referring to the abstract consciousness is that of the punishment limits that the legislator adjusts according to the criminal phenomenon, aiming both at an inhibitory, repressive and educational effect. It has often been assumed that the criminal recrudescence is due to low sentencing limits, and thus increasing the sentencing limits has been considered to fight all crime, omitting the adaptation of the entire legal norm to contemporary realities. Even the judicial act was not spared from this approach, although the scientific processes evolved and the probation together with them, in the face of a rigid legal norm, the judicial practice refuses to adapt to the new reality. Against the background of a national hysteria due to the scourge of drugs, legal arguments take precedence over scientific arguments.

Ethical aspects of the right to privacy in the 21st century: European consensus in the interpretation of the European Court of Human Rights

In the present article, we aim to elucidate concepts that do not directly stem from the content of legal sciences but have a strong impact on how the authors of the act of justice assess phenomena in 21st-century society. The relevance of the theme and the arguments presented in the article largely stem from the content of the judgments of the European Court of Human Rights after 2000. We have repeatedly found that it is precisely this regional jurisdictional body’s task to conceptualize and develop general principles of law in the field of fundamental rights and freedoms. In this context, the interpretations of the Court in Strasbourg invoking ethical aspects, in our view, are particularly interesting, when cases involving allegations by the claimants regarding violations of the right to privacy come before it, under Article 8 of the Convention for the Protect

Jurisdiction of Hybrid Courts in the Light of International Criminal Law. The Case of Cambodia and Sierra Leone (Part I)

The idea of establishing hybrid or internationalized tribunals arose in the context of the law performance of international ad hoc tribunals of the former Yugoslavia and Rwanda in the view of several experts. In addition, trough these courts an attempt was made to reach a compromise between the national criminal jurisdiction of the states and the international one. Or, in the opinion of those who promoted this concept, the involvement of local experts in the examination of illegalities committed on the territory of these states could awaken greater trust on the part of society in general and the victims, especially in the act of justice, and subsequently even lead to the start of the reconciliation process of the respective societies. We proposed two cases for this study, which are the most well-known - the Extraordinary Cambers for Cambodia and the Special Court for Sierra Leone.

Justice in the Practice of International Criminal Tribunals, in the Context of the Tasks of Contemporary International Humanitarian Law

Transitional justice, which today has become a widespread and very useful concept, which allows the transition from an authoritarian system to the rule of law, which aims to establish a democratic regime that respects human rights - and what is important not at the level of declarations and applicable methods, but, first of all, this must become the philosophical basis of his daily life. The purpose of transitional justice is to restore the dignity of the victims, to establish mutual trust between the antagonistic groups, to favor the institutional exchange necessary for a new relationship within the population that will allow the establishment of a state of law, including through an effective control of the practice of total or partial impunity. The various constitutive elements of transitional justice generally combine reparative measures of restorative justice (Truth and Reconciliation Commissions), meanwhile establishing parallel mechanisms of punitive justice (especially in relation to the main responsible or direct executors of the most serious crimes).2 On the other hand, transitional justice claims to reform the institutional system, restoring the primacy of law and ensuring the functioning of judicial institutions for the future, fighting in the meantime against impunity for the crimes committed during the previous period. In this sense, transitional justice pursues a multiple goal within the framework of an end to a conflict, in which other imperatives are imposed on government officials - the disarmament of combatant forces, the restoration of citizens' security, the compensation of victims and the restoration of the economy of devastated societies. After being neglected for a long time, the victim is at the center of current political concerns and is the object of a constantly growing interest, mainly in the criminal field and not in social discourses.3 But this phenomenon, positive from some aspects, is not without problems and arouses controversial debates among researchers and actors of the criminal world. This imposition of the victim seems to exist not only in the criminal system, but also in the current socio-political terrain. This predominance is observed in many Western states, lately becoming dominant to some extent both in international criminal law and in international humanitarian law, being taken into consideration the burden of victims in the status granted to them in armed conflicts. The participation of victims in the criminal procedure is generally a recent phenomenon, which seems to be far from being accepted. Victims played and play a secondary role in the tribunals previously established by the International Criminal Court (ICC).4 They were considered only as a means in the de facto absence of a participation or compensation system. Under the influence of strong pressures, the tendency to take into account the opinions and concerns of the victims, including admission in the criminal procedure, became visible in national and international law, and with the involvement of non-governmental organizations and states, the basis of a system was laid that provides for a relatively broad participation of victims in ICC trials. Even if its modalities are still the subject of harsh discussions, it is generally recognized that it is an important and useful tool that would allow victims of serious violations of human rights and international humanitarian law to be heard and to hope for possible reconciliation.5 The evolution of the process of increasing interest in victims is the result of political, social and legal tensions that started in the 1960s, with the implementation of state policies regarding victim compensation and the development of victim defense associations, being influenced by the social movement that opted for civil and women's rights. We find that taking the victim into consideration in social and penal policies has progressed in a meteorological manner. National and international investigations allowed taking into account the victims' dissatisfaction with the criminal system, which led to a genuine experience of secondary victimization, which has as a general consequence the tendency of a weak denunciation of the criminal acts to which they were subjected. They also emphasized the diversity and extent of trauma suffered by some victims, especially after going through interpersonal violence, such as rape or family violence. In addition, towards 1950, a new discipline had developed, a component of criminology, but which very quickly became autonomous - victimology. This field of research focuses on the study of the victim, on his psychological and physical reactions to the sustained achievement, but also on his experience of relying on the act of justice and society in general. These various findings gave rise to state structures to help victims, which have spread throughout the world. The victim thus became a political stake.

Queering John of the Cross: Sanjuanist Contributions to the Fight against Phobias towards Queer People

This article aims to approach Sanjuanist mysticism from a queer perspective. It is not a monolithic apology to queer people, nor a treatise on mystical interpretation, but an effort to recognize and validate the spiritual experience of LGBTIQ+ people. It takes some mystical passages from St. John of the Cross that help to read the experience of queer life in a mystical key. With this, the potential of mysticism to combat those phobic, segregating, and unjust ideologies that mistreat so many people because of their sexual orientation and gender identity dissidence is manifested. Although it is problematic, talking about this is an act of epistemic, sociocultural, and religious justice.

This Woman’s Memory Work: Futurity, Family and Photography in Pedro Almodóvar’s Madres paralelas (2021)

Pedro Almodóvar’s Madres paralelas (2021) is arguably his most politically engaged work yet, with the protagonist Janis (Penélope Cruz) leading a project to exhume a Civil War mass grave. This essay begins by exploring previous engagement by Almodóvar with memorialization practices, including the short film Cultura contra la impunidad (2010). The analysis of Madres paralelas tackles the privileging of memory work and familial inheritances, with attention to the role of photography and the final scenes at the exhumed graveside. Ultimately, Almodóvar’s film, diegetically and as material object, intervenes in the current ‘memory economy’ as an act of justice.

Case Study of De-Russification of Ukrainian Hodonyms

The 2022 outbreak of the Russian full-scale war against Ukraine has led to a reassessment of memory politics in Ukraine. The erasure of communist symbols or “decommunization” has evolved into a decolonization process of de-Russificationin in which Russian cultural symbols, including toponyms, are removed from the symbolic space. This article presents the results of a mixed method investigation of Ukrainian hodonyms to shed light on the effects of war on a nation’s postcolonial toponymic legacy. We argue that de-Russification in Ukraine is a case of national “toponymic cleansing”. Simultaneously, this process may be interpreted as an act of restorative justice following cultural colonization. The findings indicate that posttransitional rethinking of place names in Ukraine is still strongly bounded by the effect of scale, and specific approaches to de-Russification are largely dependent on the local historical, cultural, and geopolitical context.

“Free Black Children…That Means Everything”: Black Mother’s Visions of Freedom Within a Radical Healing Framework

In the present qualitative study, we draw from a psychological framework of radical healing in communities of color to explore Black mother’s perspectives on what it means to raise free, Black children in the anti-Black racial context of the United States of America. Specifically, we consider the extent to which Black mother’s descriptions about supporting their children’s freedom involve new cultural and social norms that integrate personal wellness with collective social justice practices. We used consensual qualitative research methods to analyze semi-structured interview data from 31 Black mothers (28–50 years, M = 35, SD = 6.03) with children ranging from 6 months to 21 years old. We identified the following themes: promoting pro-Black critical consciousness, encouraging self-authentic expression through socioemotional support, and building strength and resistance through community care. Overall, we found that mothers viewed raising free, Black children as an inherent act of social justice, since they hoped to help their children learn to identify oppressive forces and engage in community-level efforts to promote social change and build a life-affirming future for themselves.

Centring the voices of survivors of child sexual abuse in research: an act of hermeneutic justice.

Survivors of child sexual abuse (CSA) are known to hold silence and create distance between themselves and service providers for self-protection, as groomed behaviour or to protect the listener from vicarious trauma. Silence for many survivors has also been reinforced as a beneficial action by previous experiences of disclosing and being rejected, challenged, or disbelieved. How can researchers be sure the same dynamic is not playing out in research interviews? Generating reliable research data is an imperative and an act of epistemic justice that enables CSA survivors to testify to the suffering caused by abuse and subsequent trauma distress and to contribute to social discourse for change. Fricker, however, notes that the precursor to testimonial justice is hermeneutic justice. Hermeneutic justice pivots on the dual action of accurate understanding and interpretation, but CSA experiences may be beyond the comprehension of untraumatised listeners because their own frame of reference renders them unable or unwilling (even if unconsciously) to entertain the truth of such human depravity and cruelty. If survivors are not understood, their testimonies can be misconstrued or oftentimes excluded from the generation of epistemic knowledge, leaving the survivors unable to make sense of, and process, their experiences. These are crucial issues for researchers in the field of CSA and other crimes of sexual and gendered abuse. This study considers the operationalisation of a participatory research approach held within a lived experience research paradigm. Such methodologies advocate for peer involvement, which is becoming more widely recognised as supporting testimonial justice and the accurate understanding and interpretation of survivors' testimonies. The issue of validating the methodology and methods is considered, exploring a rigorous data audit and researcher reflexivity as contributors to trustworthy data. Peer and participant safety when researching through lived experience is addressed. Data from a doctoral research study are used to illustrate this article.

About the law-creating power of jurisprudence. New dimensions, new meanings

The present study takes up in its analysis an older concern. The “force” of jurisprudence to create law – whether formally recognised or not – is still a theme of scientific interest, especially from the perspective of the original meaning and substance of the notion of jurisprudence, and less from that which sees jurisprudence as a sum of solutions, an inventory of court practice, an indicator in a report with statistical content.
 We are confident of the usefulness of our approach, based on a legal reality that needs to be constantly diagnosed, the study comes as an "update" of a documentation exercise that we carried out a decade and more ago, a context in which the concern for placing jurisprudence in the general picture of the sources that inspire law needed to be verified in a necessary relationship with the exercise of power, the quality of the act of justice being an important parameter for realistically measuring the state’s chances of being a state where law reigns.
 Thus (briefly) reiterating some of the issues raised at the time[1], keeping the treatment established by the general theory of law and circumscribed to our legal reality, the study captures, in a sum of reflections, the recent line of thought on the question of whether jurisprudence, always called upon to keep up with the times, has or does not have the power to create law.
 [1] On the issue, S. Ionescu, La jurisprudence – source de droit, in the Annals of the Faculty of Legal Sciences – French edition, no. 2/2004, Bibliotheca Publ.-house, Târgoviște, ISSN 1584-4056; S. Ionescu, The Significance of the Jurisprudence and the Authority of the Justice and the Great Doctrines regarding the Rule of Law, in Studii de Drept Românesc, Year 21 (54), Nr. 1, 2009;

The legal force of decisions of the court of first instance in civil proceedings

The scientific article is devoted to the characteristics and analysis of the legal force of the decisions of the court of first instance in the civil process and the legal consequences that arise. The author notes various issues that can be resolved by the decisions of the court of first instance during the consideration and resolution of a civil case, what significance this has for the participants in the process in general and the participants in the case in particular, as a result of which the problem of the legality of the decisions of the first instance court is actualized.
 It is argued that the rulings of the court of first instance in civil proceedings, as well as the court's decision, act as an act of justice. As a result, the analysis of the features of the legal force of the decisions of the court of first instance, compared to the decisions of the court of first instance, is carried out. It is noted that the legal force of the decisions of the court of first instance is their legal effect, which generates such legal consequences as immutability, exclusivity, obligation and prejudice. The specified legal consequences are analyzed, but in the context of the decisions of the court of first instance. It is argued that such a legal consequence as binding is most obviously manifested, since the decisions of the court of first instance must be implemented immediately from the moment they are announced or signed. For this, it is not even necessary to apply to the court for an executive document, as in the case of a court decision, since the decision of the court of first instance simultaneously acts as an executive document. On the other hand, such properties of the legal force of the court's decision as immutability, exclusivity and prejudiciality with respect to the decisions of the court of first instance in civil proceedings are manifested quite peculiarly. If for a court decision that has entered into legal force, immutability means the impossibility of appealing them, then, as a general rule, court decisions after their announcement or from the moment they are signed, that is, from the moment they entered into legal force, can be appealed to the courts of higher instances, and the last to cancel and change them or issue new ones. Exclusivity as a property of legal force is characteristic for some court decisions (for example, decisions closing proceedings in a case), but not for others. In most cases, failure to satisfy applications or petitions based on which resolutions were issued does not prevent a person from submitting identical petitions or applications again. As a rule, this is not characteristic of court decisions. If the prejudicial nature of court decisions clearly follows from the current Code of Criminal Procedure of Ukraine, then such a property according to the decisions of the court of first instance, according to the position of the highest judicial body of Ukraine, is preserved only for those who decide the case on the merits.

Ensuring the right to defense in the criminal process

The right to defense is one of the essential principles of the criminal process. Violation of this right affects the fairness of the process and leads to procedural sanctions. In this article, the role of international and national legislation and practice will be analyzed regarding the application and observance of the principle of ensuring the right to defense, the role of the Constitutional Court and other legal institutions in this regard. Or, states are obliged to effectively guarantee the accused persons the right to defense, as this is a condition for the realization of the act of justice in a democratic state. Following the analysis carried out, we come with recommendations and explanations regarding the content of this principle, because it should not be seen as simple legal assistance, but has a more complex content.

Disaffected: The Cultural Politics of Unfeeling in Nineteenth-Century America by Xine Yao

Reviewed by: Disaffected: The Cultural Politics of Unfeeling in Nineteenth-Century America by Xine Yao Denise Wong (bio) Disaffected: The Cultural Politics of Unfeeling in Nineteenth-Century America, by Xine Yao. Durham: Duke University Press, 2021. Ix + 291 pp. $27.95 paper. ISBN 978-1-4780-1483-6. Disaffected: The Cultural Politics of Unfeeling in Nineteenth-Century America marks an exciting turn in affect studies towards the radical affordances of unfeeling as a tactic of resistance. Xine Yao's debut monograph moves critical discussion beyond "the stifling imperatives of the political stakes of sympathy" to uncover "what we can apprehend" by "stay[ing] with the negativity of unfeeling and [End Page 105] suspend[ing] its rehabilitation" (3). Disaffection is both negative feeling and the negation of feeling as resistance but neither resolved nor subsumed by discourses of overcoming. It is a mode for understanding the extent to which cultural fantasies of justice and social change are contingent upon a politics of recognition and sympathy. Yao contends that the Western liberal project of inclusion demands sympathetic recognition and, though seemingly innocuous, presumes a false universality masking an insidious disparity between who gets to retain their subject status while refusing to feel. One of Yao's most generative provocations is her reading of sympathetic recognition as a colonial legacy originating in the culture of sentiment advanced by Adam Smith's Theory of Moral Sentiments (1759). She identifies four modes of disaffected unfeeling "in the cultural imagination deployed to flatten out and invalidate individual and collective subtleties" (6): unsympathetic Blackness, queer frigidity, Black objective passionlessness, and Oriental inscrutability. Although Disaffected is concerned with how American literature and culture understands affect and politics, a paradigm with a disproportionately global impact, the scope of Yao's framework extends far beyond the geographic and historical specificity of her corpus which focuses on nineteenth-century fiction that "question[s] the politics of sympathetic identification in the cultural imagination informed by sentimentalism" (21). The primary texts include Herman Melville's Benito Cereno (1855), Martin R. Delany's Blake; or the Huts of America (1861), Elizabeth Stuart Phelps's Doctor Zay (1882), Frances Ellen Watkins Harper's Iola Leroy (1892), and Edith Maude Eaton's Mrs. Spring Fragrance (1912). These writers "use the space of fiction to question the politics of sympathetic identification in the cultural imagination informed by sentimentalism" (21). The first two chapters explore unsympathetic Blackness as a mode of dissent from two contexts. In the first, the novella Benito Cereno illustrates how the false universality of white sentimentalism ensures that Babo, Melville's Senegalese slave-turned-rebel leader, remains an illegible and thus contemptible subject. Following philosophers Denise Ferreira da Silva and Sylvia Wynter, Yao argues this falsely universal discourse of sentimentality is predicated upon racialised politics of recognition. In the second, Martin R. Delany's eponymous protagonist Blake rejects dominant white modes of feeling but, instead of being executed as an act of justice, he forms an alliance with the Indigenous community "to unmake the structural conditions of Black enslavement and Indigenous dispossession that produce the modern world" (23). Borrowing Tiffany King's formulation, Yao reads "convergence without conflation" (73) in the way Blake "disrupt[s] the colonial dichotomization of Blackness and Indigeneity as antagonistic to each other" (77) by thinking through the historical and theoretical intersections of Black emancipation and Indigenous sovereignty. [End Page 106] The third chapter reads queer frigidity as a consequence of white middleclass women's entry into the medical profession. Yao takes Phelps's Doctor Zay as an example amidst a cluster of late nineteenth-century American novels which use the marriage plot to stage debates about the correlation between love and political desire for suffrage and other rights. The expectation for women to reappropriate "the masculinized authority of medical science's disciplinary detachment" (112) juxtaposes "the coercive affective imperatives of marriage and family" (25). Yao focuses compellingly on the homology between the invention of anaesthesia and the pathologisation and queering of female frigidity (diagnosed by sexologist Havelock Ellis as "a medical condition prevalent among women" [114]). Anaesthesia as a mechanism of controlled unfeeling for professional advancement parallels "the alleged abnormality of frigidity" (115) in the way detachment signifies agency...

Bad or worse? Applying critical theory to explore the impacts of Payatas dumpsite closure on the former waste pickers.

Numerous garbage dumpsites worldwide have been closed down to address the safety, health and environmental hazards facing waste pickers, such as potential landsides, diseases and pollution. As a result, the environment surrounding the (former) waste pickers may have been safer and cleaner. While the closure of garbage dumpsites may be an act of social justice to protect waste pickers, however, in some cases, the incomes and living standards of former waste pickers who continue to reside at these sites have been aggravated. Drawing on critical theory, and using observations and interviews, this case study examined the post-dumpsite-closure situation of Payatas in the Philippines. This study augments previous research on critical urban and regional studies through the presentation of a meta-critical theory by expanding, critiquing and reconceptualizing critical theory to address the problematic post-dumpsite situation created through the closure of the dumpsite.

Промежуточное и частичное решение суда первой инстанции по гражданскому делу

The article claims to be scientific novelty. The question is raised about the relationship between the concepts of partial and interim court decisions. A method is proposed to solve the problem: differentiation of the procedural form of a court decision and a court decision as an act of justice. It is emphasized that a court decision as a procedural document is not identical to a judicial decision as an act of justice: a procedural document may lack an act of justice, two procedural documents contain one act of justice, one procedural document may contain several acts of justice. The concept of an interim decision makes it possible to divide court proceedings into proceedings to protect the disputed or violated right to recover a sum of money and proceedings to determine the amount of the amount of money being recovered. Proceedings for the protection of the right to recover a sum of money is a lawsuit, since its task is the protection of a subjective right. The proceedings to determine the amount of the recovered amount are special proceedings, since its task is to establish the actual circumstances. The judicial claim proceedings are terminated by the adoption of an interim decision on the recognition of the right to recovery. After the interim decision comes into force, the interested parties may settle the differences amicably or initiate proceedings to determine the amount of the amount to be recovered. If an interim court decision is an act of justice, then a partial court decision is a procedural document that contains the court's answer to only one of the questions put before the court. The court answers other questions in another partial decision, or an additional decision. The best form of an interim court decision, from the author's point of view, is an interim decision to recover an advance against a monetary amount, the amount of which can be determined by the court in the future. The article names the functions of the advance collected by the interim solution.

Принцип справедливости в уголовном процессе Австрии, Лихтенштейна и Швейцарии

The category of justice, increasingly used in various sources of criminal procedure law at the international and national levels, reflects the gradual convergence of law and morality, their harmonization. Legal proceeding cannot be fair if it does not comply with the basic categories of ethics. The philosophical basis of the principle of justice in the criminal procedure in Austria, Liechtenstein, Switzerland, and other states of continental Europe is works of 18th-century educators who studied the content of this category, its relationship with related concepts, the relationship of justice and equality of all before the law and the court - the most important modern principles of criminal procedure law. In German, the most common language in Austria, Switzerland, and Liechtenstein, there is no single concept for justice. There are such terms as die Gerechtigkeit, die Fairness, die Billigkeit. Only the last term of the three denotes justice, and it was used by developers of Austria's, Switzerland's, and Liechtenstein's criminal procedure codes. In the legal doctrine of Austria and Switzerland, justice is regarded as a principle of legal proceeding, predetermining all its other elements. Justice also determines the system of rights and obligations of the accused, the victim, and other participants. Each of them has the right to fair treatment by law enforcement agencies. The 1975 Criminal Procedure Code of Austria and the 2007 Criminal Procedure Code of Switzerland enshrine the principle of justice directly as an independent element of the criminal procedure, which reflects the high theorization of these codes, the convergence of doctrine and legislation. The Liechtenstein legislator, on the contrary, considers it unnecessary. Particular attention is paid to compliance with the principle of fairness of the verdict - the final act of justice. If the verdict, even if it corresponds to the law, is unfair, then criminal proceedings as a whole will automatically be unfair, which should entail the cancellation of such a verdict.

A Foucauldian Discourse Analysis of Regional Balance in the Financing of Higher Education in Uganda: The Uganda Students’ Higher Education Financing Policy Perspective

In Uganda, there have been historically glaring disparities in access to higher education, where the majority of the students that join universities come from good secondary schools, which are mostly afforded by rich individuals. This has created a situation of ‘inherited merit’, where students from particular backgrounds and regions dominate access to HE. Because children of the poor who cannot afford to go to good schools hardly access higher education, whilst many of the students who join higher education institutions (HEIs) fail to complete their study programmes due to the failure to meet the costs involved. The Ministry of Education and Sports 2012 introduced the Uganda Students’ Higher Education Financing Policy to address the problem of inequitable access to higher education. Thus, the third objective of the policy aims to ensure ‘regional balance’ in the provision of HE through awarding of student loans. Because there are strong intra-connections between policy and language, the language used in discourse plays a critical role in the way the term Regional balance was constructed in the policy. This paper performs a Foucauldian discourse analysis perspective of the policy with the overall aim of showing signs of power imbalance through the use of language and revealing the discourses used by elite actors to retain power and sustain existing regional imbalance in access to HE in Uganda. By approaching such regional balance as political discourse rather than a pure act of equity and social justice, the paper shows how power is implicated within the guise of regional balance. As such the paper contributes to a discursive understanding of regional balance in the provision of HE in Uganda, to an appreciation of the role of power relations embedded in policy rhetoric as a form of exemplary theatrical government, and to the politics of regional balance. The findings revealed that the term ‘regional balance’ is used as a sugar-coated camouflage to sustain and perpetuate the hegemony of the Western part of the country. The paper concludes by exposing the power relations embedded within the policy and highlights gaps between the rhetoric and practice of the policy in which people from the Western part of Uganda have benefited more from this financing policy at the expense of other students from other regions of the country

Penerapan Alat Bukti Petunjuk Oleh Hakim Dalam Menjatuhkan Putusan Tindak Pidana Pembunuhan

Every Indonesian citizen has the right to live and continue his life. Unfortunately, criminal acts that violate the right to life of citizens still occur even though this has been regulated firmly in the Criminal Code chapter XIX articles 338-350, such as acts of murder that are still carried out by citizens against other citizens. . If this is allowed, then the name of the rule of law is just a name without any act of justice that can deter and minimize crime. Judges as decision-makers in court certainly have an important role in upholding justice, but judges' decisions must be strengthened by various evidences. Therefore, the researcher wants to find out more about the application of evidence guided by the judge in passing the verdict on the crime of murder. The purpose of this study is to determine the important role of evidence guided by judges in making court decisions against the crime of murder. The research method used is descriptive qualitative with interview, documentation, and observation techniques at Court X in city Y. After the data is obtained, it can be analyzed to find out the results of the study which show that evidence indicates an important role for judges in deciding a criminal case. homicide by 80%. With this, the other 20% is influenced by other factors, both internal and external factors.

The Evolution of the Regulations regarding the Right to Compensation for Judicial Errors in Criminal Trials - Based on the Influence of International Conventions, National and ECHR Jurisprudence

The legal institution regulated by art. 505-507 of the Criminal Procedure Code represents the last step of the complex of procedural guarantees subsumed by the notion of purpose of the criminal trial. The entire regulation in criminal procedural matters has in mind this axis, of finding out the truth, in the event that the mentioned finality would not be achieved by resorting to the procedural remedy of the ordinary and extraordinary appeals, so that, in the end, the court decision, once definitive, is considered the expression of the truth (res judicato pro veritate habetur). It was noticed, however, that the elimination of errors by means of the above-mentioned procedure does not always lead to the removal of all the consequences of an unjust act of justice, due to the consequences they generate, specifically, for on the person who was previously subjected to judgment. As a result, the legal provisions regarding the reparation of damage in case of false conviction or ilegal arrest are emerging as a complementary institution to the criminal process, necessary for the execution of justice and the restoration of the legal order.