Liberty Rights Research Articles

Authority Traversed: Police, Politics and the Urban Poor in Dhaka

This article is about territorial claims, authority and rights in an urban settlement or ‘bosti’ in central Dhaka. It highlights the drama of a violent encounter between a police officer and a young man, unfolding how the social ordering of urban space is (re)produced in and through authority and violence. It illustrates how situated practices of authority define who can access institutions of rights and justice, and who cannot. It concludes that claims for rights and remedies are not easy to act out when the collusion of state and non-state authority negate voice and agency and leave negotiation and equitable justice reserved for those recognised within a structure of resolution, illuminating how intimacies of violence interlink with wider political configurations and economic conditions.

Black Resettlement and the American Civil War

Perhaps no subject in early American history has undergone as thorough an interpretive overhaul recently as the colonization movement. Once mostly derided as the self-serving ruse of proslavery southerners and the chimerical fantasy of white American racists, a bevy of studies have now taken colonization seriously, providing a multidimensional understanding of the many and long-standing efforts to remove Black Americans from the land of their birth—a goal that, at its core, remains inscrutable to our modern sensibilities.Into this increasingly crowded field steps Sebastian Page, whose Black Resettlement and the American Civil War provides readers with an encyclopedic analysis of the “embarrassment of projects aimed at removing African Americans from the United States” (12). To cast his interpretive net as widely as possible, Page employs the term “resettlement” rather than colonization—the designation normally assigned to white-guided initiatives of Black repatriation to Africa—or emigration—the word used for the periodic, Black-led undertakings to urge at least some of their compatriots to leave the United States. Using resettlement as his lens allows Page to adopt a kaleidoscopic view that is inclusive of a host of removal schemes: from the more conventionally studied destination of Liberia to the far less scrutinized proposal to relocate freed people on territory within the former Confederacy that remained in Union hands in the aftermath of the Civil War.Page's book covers much more ground than its title implies; it begins in the antebellum era and ends with President Ulysses S. Grant's bid at pairing Black emigration with the annexation of the Dominican Republic. The first two chapters contextualize the birth and growth of Black resettlement and include a nuanced and incisive account of several Black-initiated emigration programs prior to the 1860s. But it is really in chapter 3 that the crux of this monograph begins to emerge. Page chronicles the rise of African American resettlement to, as he sees it, a central place on the Republican Party's agenda. Throughout succeeding chapters Page shows the enduring quest to relocate Black Americans outside the bounds of the American republic during the Civil War and immediate postwar years. From Latin America to the British West Indies to the American South, he illustrates how a motley group of reformers, adventurers, charlatans, visionaries, and prominent politicians—including, as Page painstakingly demonstrates, Abraham Lincoln himself—held on far longer and more sincerely to Black resettlement than historians have heretofore recognized. Even amid one of the United States' most celebrated hours of racial progressivism—when the Emancipation Proclamation recast the republic as a nation of universal human liberty and people of color fought by the thousands to preserve the Union—there remained endeavors to expatriate African Americans.Prodigiously researched and written in lively and clever prose, Black Resettlement and the American Civil War achieves the author's objective to “chronicle the full geographic and institutional range of the drive for black resettlement” (1). This book is now the fullest account we have of the persistent efforts to resettle Black Americans during the Civil War era.But Page is less successful in establishing the greater import of the impressive research he has compiled for the history of race, liberty, and African American rights in the nineteenth century. He conflates the staying power of Black resettlement plans with their significance. And he overreaches several times in the text by making claims about colonization's relevance that outstrip his evidence. For example, a handful of Republican advocates of Black resettlement, who hardly represented the mainstream position of their own party on African American citizenship, are, for Page, indicative of the views of “white Americans” as a whole. Ultimately, there is an expansive difference between the endurance of colonization and resettlement proposals, on the one hand, and their centrality, or even relative importance, to the larger national debate over Black freedom, race, and rights, on the other.By nearly the same time period that Black Resettlement and the American Civil War ends its narrative, a critical mass of the white American electorate had endorsed the abolition of slavery, approved of the incorporation of African Americans into the republic as citizens, and signed off on the constitutional right of Black men to suffrage. We all know how the retreat from Reconstruction and the nationalization of white supremacy made a mockery of much of these accomplishments by the Jim Crow years. And yet during the Civil War era they still seem more noteworthy facts than the fanciful and abortive racially exclusionary schemes of a relatively small number of individuals.

The Role of News Post Consumption on Facebook in Shaping Youth Perceptions of Safety and Civil Liberties during COVID-19 in the U.S., Spain, and Egypt

News media coverage, regardless of the platform being used, can shape people’s opinions, perceptions, behaviors, and preferences about policy, security, and civil liberties in times of crisis. This study examines the possible cultivation impact of news post exposure on Facebook on shaping threat perception. Furthermore, it aims at exploring the correlation between Facebook news exposure, preferring high security levels, and curbing some civil liberties during the COVID-19 pandemic. For this, we used the survey method ( N = 1309 ) with youths aged 18-35 in the U.S., Spain, and Egypt. Our results showed that heavy news exposure on Facebook cultivated fear and terror perceptions during the COVID-19 pandemic. Moreover, it shaped people’s preference for a tightened security environment and willingness to trade off some civil liberties. In other words, despite the different media and political systems, heavy news post consumption on Facebook can increase the tendency to give up civil liberty rights and prefer a more stringent security environment.

Review of “Prisons and Health in the Age of Mass Incarceration”

In Prisons and Health in the Age of Mass Incarceration, Jason Schnittker, Michael Massoglia, and Christopher Uggen provide a foundational and comprehensive understanding of how incarceration creates and exacerbates health disparities in the United States. This book describes how incarceration, an adverse event that is disproportionately experienced among vulnerable population groups including people of color and the poor, is a social determinant of health and wellbeing. The authors draw on more than a decade of research—much of it their own—to provide a thorough understanding of the repercussions of incarceration for people confined in carceral facilities, people reentering their families and communities after confinement, and the families and communities of currently and formerly incarcerated people. One innovative strength of this book is its focus on the paradoxical relationship between prisons and health, a paradox the authors introduce at the beginning of the book and reference throughout. The authors describe how correctional facilities are responsible for providing residents both punishment and health care (and how these two responsibilities often conflict). Medical professionals who work in prisons are responsible for upholding the conditions of confinement (such as solitary confinement, a form of segregation known to be quite damaging to mental health) and simultaneously providing care for acute and chronic physical and mental health conditions. People in prison, while enduring a loss of liberty and other rights, have a constitutional right to a particular standard of health care. It is this paradox that serves as a backdrop for understanding the relationship between incarceration and health. In highlighting this paradox, the book does a phenomenal job of describing specific aspects of health care in carceral facilities, an important descriptive point that is missing from most research on this topic. The authors describe, for example, the medical professionals who work in these facilities and the process for receiving care in these facilities. The result is a sobering assessment of the inadequate and often substandard healthcare services available to incarcerated people. The authors also describe the process (and corresponding difficulties) of receiving physical and mental health care after release from prison, which provides an even more sobering assessment of the US health care system for vulnerable groups. These accounts highlight how the health care needs of this vulnerable population are routinely ignored or overlooked.

“Letters from Honest People” and “Letters from Hell”: Emergent Visceral Publics in Carrie Nation’s Smasher’s Mail

ABSTRACT Grounded in Jenell Johnson’s theory of visceral publics, this study examines 229 letters published in the Smasher’s Mail, an American temperance newspaper edited by Progressive-era reformer Carrie (or Carry) Nation 1 at the height of her 1901 saloon-smashing crusade to enforce Kansas prohibition. Because the newspaper printed letters from citizens who energetically endorsed saloon-smashing as a tactic of pro-temperance agitation and from those who vociferously opposed it, this analysis illuminates how Nation’s paper functioned as an important platform for fervid public deliberation over the perceived necessity of temperance reform and the best means of achieving it. Exploring what the smashing controversy meant to real people and the powerful feelings it elicited on both sides of the debate, this study demonstrates the emergence of two oppositional visceral publics bound by shared intense feelings over perceived boundary violations involving the borders of the human body, the home, private enterprise, law and order, and the “woman’s sphere.” Pro-smashing writers, who elevated their alcohol-free vision of the common good over the individual rights of saloonkeepers and their patrons, saw saloon-smashing as justified, even necessary, to protect society from the consequences of intemperance. In contrast, smashing opponents, rejecting prohibitionist calls to regulate private behavior for the common good, prioritized saloonkeepers’ and patrons’ individual rights of life, liberty, and property.

Do the differences in legal systems hinder international enterprises’ debt financing?

This study examines the impact of the differences in the legal system concerning obligation claim rights between host and multinational enterprises' (MNEs) home countries on bank credit financing by constructing a legal system distance index including four dimensions. Using 57,526 firm-year panel observations of 7,257 firms from 53 countries operating in China, the results find that legal system distance has a negative impact on foreign firms' debt financing. The influential mechanism is due to the increasing transaction costs. Further test finds that the negative effect declines as the cultural differences increase. The heterogeneity analysis finds that the negative impact of the legal system distance on the debt level is more pronounced for those foreign firms with a large scale, short operating age, not enough collateral, and sales in the domestic market, but shows no significant differences between a sole proprietorship and joint ventures. This study not only expands the literature on “Law and Finance” but also provides an implication for foreign firms' debt financing in the emerging host country.

Legitimacy and two roles for flourishing in politics

Legitimacy and two roles for flourishing in politics

Догматическое и политико-правовое обоснование защиты позитивного интереса при взыскании убытков при нарушении договора

Following L. Fuller and W. Perdue, the author tries to find a philosophical, historical and utilitarian justification for a positive interest in recovering damages due to a breached contract and, using comparative and historical methods of scientific analysis, comes to the following conclusions. The model of positive interest is not an attribute of the contract only, it attributes the protection of the subjective right of claim. The violated right can be not only a party to the contract, but also a delinquent, while the losses will reasonably be calculated according to the model of positive interest (for example, recovery of losses caused by unfair intervention in other people’s contractual relations). Such a view calls into question the practical expediency of the considered division of models for the recovery of damages, and encourages us to evaluate the object of the encroachment — whether there has been a violation of a subjective right. Historically, the transformation of a tort into a contract in English law is marked by the ability to recover damages according to the positive interest model. This happened in parallel with the recognition by the legal order of the doctrine of counter provision. Functionally, if we draw a parallel with the domestic legal order, the counter provision in the common law system implements the idea of compensation, the form of the contract, signaling the onset of legally binding relations, as well as the achievement by the parties of mutual certainty of relations. Compensation, the required form and certainty, according to the hypothesis put forward, are the political and legal set that in the historical context signals the presence of a subjective right and justifies the reasonableness of the creditor’s expectations, which opens the door for the implementation of the positive interest model in the recovery of damages in case of breach of contract.

Everyday governance in areas of contested power: Insights from Mozambique, Myanmar, and Pakistan

SummaryMotivationHow do poor and marginalized people solve problems and claim rights and entitlements in places affected by conflict and where state authority is contested? Understanding such processes is important as the numbers of poor people living in difficult settings grows, yet existing research on governance in conflict largely misses a “citizen's eye” view of these processes.PurposeThe article focuses on “everyday governance” from a citizen's perspective. What do engagements with the multiple state and non‐state actors that prevail in such settings look like? We present insights from longitudinal research in conflict‐affected areas in Mozambique, Myanmar and Pakistan.Methods and approachResearch was undertaken in two phases over the period 2017–2021. Researchers developed an innovative method, “governance diaries,” in which we interviewed the same set of poor and marginalized households over a period of a year, capturing an unfolding citizen's eye view of governance. We subsequently used the same method to include key intermediaries to whom households went with problems.FindingsWe find that in most instances poor and marginalized households did not rely on the state or other formal or external authorities to resolve problems. Mostly, they simply “lived with” those problems, or resolved them through “self‐provision”—mutual aid and community action. When they did go to authorities, they used “governance intermediaries”—actors that connect people with authorities or mediate between households. These intermediaries played a central role in local governance, using their networks and deploying a range of strategies with a focus on local resolution of problems.Policy implicationsThese findings challenge some core assumptions of contemporary development practice. First, development programmes tend to focus on improving state‐run services, rather than engaging with the diversity of how public goods are governed on the ground. Second, policies assume that people can go directly to authorities with their problems, and do not take into account the role that intermediaries play. Finally, the highly diverse networks of governance actors that matter to specific places challenges the common focus on formal systems rather than informal practices.

2022년 보험법 중요 판례 분석

In the field of insurance law, many precedents continue to emerge, and in particular, an important judgment in the field of insurance law was declared in 2022. Judicial precedents are also a mirror through which we can grasp the issues and problems of the society. The insurance system operated in order for the people to be guaranteed through private insurance in preparation for various risks has the characteristics of a speculative contract and a bona fide contract. In addition, many disputes are inevitable due to the nature of the system, such as stipulating various reasons for exemption in insurance terms and conditions. Case law has been an important milestone in the field of insurance so far, including the invalidity of ineffective contracts, the relationship between the obligation to explain insurance contracts under Article 638-3 of the Commercial Act and Article 3, Paragraph 4 of the Act on Regulation of Standard Contract Terms, and the scope of application in the case of exemption from driving without a license. , Intentional exemption of personal insurance, drunk driving, driving without a license, death insurance of others and the effect of lack of consent by the insured, designation and change of insurance beneficiary, requirements for opposition, and unilateral acts without the other party. In various insurance precedents sentenced in 2022, the scope of recognition of subrogation by the insurer, measures to prevent leakage and damage prevention obligations, and the problem of applicability of costs, insurance for the purpose of illegal acquisition of insurance money and Article 103 of the Civil Act, contract invalidity, and aftereffects Issues such as the relationship between the insurance money and the death insurance money, the leakage of the loss insurance money, and the recognition of the subrogation of the right to claim became issues. In these precedents, some rationality and validity are acknowledged. However, in some judgments, there are also disappointing parts. In particular, it is very problematic that the insurer’s subrogation of claim rights is not allowed for voluntary non-payment of indemnity insurance. Reconsideration is required in terms of economics of litigation or reasonable resolution of disputes. Through critical examination of precedents, it is necessary to continue to play the role of a milestone in setting the future direction of precedents in the insurance field.

The impact of financial crises on the market value of the claim rights during moratorium on bankruptcy in Russian market

This research studies the impact of the financial crisis and the moratorium on bankruptcy on the final value of the bank's claim rights. The relevance comes from the fact that a lot of problems appear in the time of crises to apply the process of moratorium in case of bankruptcy. The aim of this research will be finding a mechanism to evaluate the value of claims to help the company in the process of bankruptcy. The methodology that will be used in this research depends on the cash flow that will be generated from the debtors to evaluate the amount of money that they can obtain to complete the process of bankruptcy. The data will be collected from the Russian companies which are exposed to bankruptcy from 2013 to 2022. The results showed that the cash inflows generated from the debtors who are exposed to bankruptcy will be lower than other debtors and that will effect on the process of bankruptcy. To understand the calculation model, the income method of business valuation used in determining the market value of claims is described. The rules regulated the terms and costs of the bankruptcy procedure, calculated in the model, are described.

TRANSFER OF RIGHTS TO COLLECT (CESSIE) AND LEGAL CONSEQUENCES ON DEBITOR COLLATERAL ITEMS IN RESOLVING NON-PERFORMING CREDIT (Case study on Pekanbaru District Court Decision No. 129/Pdt.G/2016/PN.Pbr)

Banks can deal with negative credit by purchasing, selling, and transferring the rights to receivables (cessie). According to the District Court's ruling in case No. 129/Pdt.G/2016/ PN.Pbr, the lawsuit was filed by a cessionary who had acquired receivables from the troubled PT Bank Tabungan Negara (Persero) Tbk. The Receivables Sale Purchase Agreement and Transfer of Cessie are the two (two) Notarial Deeds that include the terms of the transfer of receivables. According to the ruling, the Pekanbaru District Court approved the transfer of Land Ownership Certificates that had been pledged as security for the debtor (cessionaris). The problem is stated as follows: 1. Can the sale and purchase of receivables and the transfer of claim rights (cessie) give buyers of cessie legal certainty? 2. What are the legal ramifications of the debtor's assurance in light of Pekanbaru District Court Decision Number 129/Pdt.G/2016/PN.Pbr? and the purpose of this study is to comprehend the problem's genesis and offer solutions. The research method used in this study is known as normative legal research (doctrinaire), and it entails research on legal principles, legal aspects, and law as it is conceptualized as norms or rules that apply in society. It also includes an analysis of both written and unwritten legal rules that exist and develop in society, and it makes use of secondary data derived from primary, secondary, and tertiary legal materials. It is clear from this study that the sale and purchase of receivables and the transfer of cessie do not terminate the credit agreement between the cedent and cessus; rather, it is a transfer and delivery of receivables from the cedent to the cessionaris, and the transfer of cessus collateral must be based on a ruling made through litigation at the local District Court. And in this case, the transfer of Cessie and the sale and purchase of receivables are legal and do not violate the terms of the agreement. The judges' panel also believes that since the Cessus guarantee is not secured by a mortgage, the Cessus collateral object may be used to repay the debt by reclaiming the cessionaris name. Neither of these situations violates the rights to the bedding described in Article 1154 of the Civil Code.

TRANSFER OF RIGHTS TO COLLECT (CESSIE) AND LEGAL CONSEQUENCES ON DEBITOR COLLATERAL ITEMS IN RESOLVING NON-PERFORMING CREDIT (Case study on Pekanbaru District Court Decision No. 129/Pdt.G/2016/PN.Pbr)

Banks can deal with negative credit by purchasing, selling, and transferring the rights to receivables (cessie). According to the District Court's ruling in case No. 129/Pdt.G/2016/ PN.Pbr, the lawsuit was filed by a cessionary who had acquired receivables from the troubled PT Bank Tabungan Negara (Persero) Tbk. The Receivables Sale Purchase Agreement and Transfer of Cessie are the two (two) Notarial Deeds that include the terms of the transfer of receivables. According to the ruling, the Pekanbaru District Court approved the transfer of Land Ownership Certificates that had been pledged as security for the debtor (cessionaris). The problem is stated as follows: 1. Can the sale and purchase of receivables and the transfer of claim rights (cessie) give buyers of cessie legal certainty? 2. What are the legal ramifications of the debtor's assurance in light of Pekanbaru District Court Decision Number 129/Pdt.G/2016/PN.Pbr? and the purpose of this study is to comprehend the problem's genesis and offer solutions. The research method used in this study is known as normative legal research (doctrinaire), and it entails research on legal principles, legal aspects, and law as it is conceptualized as norms or rules that apply in society. It also includes an analysis of both written and unwritten legal rules that exist and develop in society, and it makes use of secondary data derived from primary, secondary, and tertiary legal materials. It is clear from this study that the sale and purchase of receivables and the transfer of cessie do not terminate the credit agreement between the cedent and cessus; rather, it is a transfer and delivery of receivables from the cedent to the cessionaris, and the transfer of cessus collateral must be based on a ruling made through litigation at the local District Court. And in this case, the transfer of Cessie and the sale and purchase of receivables are legal and do not violate the terms of the agreement. The judges' panel also believes that since the Cessus guarantee is not secured by a mortgage, the Cessus collateral object may be used to repay the debt by reclaiming the cessionaris name. Neither of these situations violates the rights to the bedding described in Article 1154 of the Civil Code.

Cognitive liberty and the constitutionality of criminalising psilocybin mushrooms in South Africa

The principle of cognitive liberty is assessed as a ground for challenging the constitutionality of the criminalisation of psilocybin mushrooms. To do so, s 12 of the Constitution of the Republic of South Africa, 1996, is analysed, determining that s 12(2) is not a numerus clausa and is capable of enforcing further protections and/or entitlements, such as cognitive liberty. Further, it is suggested that the interpretation of s 12(2)(b) offers protection to both body and mind, and as such, also protecting the cognitive liberty right. Having established that the Constitution protects the right afforded by the principle cognitive liberty, it is deduced that the current criminalisation of psilocybin mushrooms – a means through which an individual may exercise their cognitive liberty rights – in terms of the Drugs and Drug Trafficking Act and Medicines and Related Substances Act, conflict with the rights established in s 12 of the Constitution. A s 36 limitation of rights analysis is presented, detailing that the criminalisation of psilocybin mushrooms is not justifiable when the nature and importance of the limited right are weighed against the importance and purpose of the criminalisation. As such, this article concludes that the current criminalising legislation is not justifiable.

The End of Enlightenment Liberalism?

ABSTRACT Enlightenment liberalism has come under furious attack from multiple sources in recent years, including cognitive science, the social sciences, identity politics of the left, and populism and nationalism on the right. The notions of individual liberty, free speech, and broad rights protections operating under neutral procedural law has been tied to elitism, patriarchy, white supremacy, and oppressive capitalism. This article points out that recent criticisms from progressives and conservatives are not new. They were mostly formulated several decades ago. Further, they commonly create a straw liberalism, failing to recognize the complexity of the Enlightenment liberal tradition. They ignore the fact that the validity of the institutions and processes of liberalism can, indeed must, be accepted, regardless of criticisms of simplistic versions of liberal theory. For those liberal institutions and processes remain the only known means for controlling the forces of modernity on which we all depend.

НОРМАТИВНІ ТА СУДОВІ АСПЕКТИ ВІДСТУПЛЕННЯ ПРАВА ВИМОГИ У ЗАКОНОДАВСТВІ УКРАЇНИ ТА ЗАРУБІЖНИХ КРАЇН

The article is dedicated to the study of the peculiarities of the institution of assignment of the right of claim (cession) in the legislation of Ukraine and foreign states. In addition, the practical aspect of the application of the institution of cession by Ukrainian and foreign courts is an integral part of the study. Key research attention has been paid to the issue of unification of norms on the assignment of the right of claim in international acts, such as the UNIDRUA Convention on International Factoring of 1988, the UN Convention on the Assignment of Receivables in International Trade of 2001, etc. The problem of transformation of the construction of the assignment of the right of claim (cession) in the case of the transfer of pledged subjective civil rights by a court decision is considered. The importance of establishing a separate legal regulation in the provisions of civil legislation for "financing subject to the assignment of the right of monetary claim" contracts is singled out.

Amicus Brief

Amicus Brief Christine M. Korsgaard ii. summary of the argument This brief does not address the issue of Happy's personhood.1 The key question for the Court is not whether Happy can be called a "person." Instead, the key questions are, first, whether there are beings who have rights even though they cannot have duties or responsibilities (whether we call such a being a "person" or not). Second, whether Happy is such a being. Third, whether liberty rights are or can be among the rights of such beings, and are among Happy's rights. Fourth, whether transfer to a sanctuary is a remedy for the violation of Happy's liberty rights, if there is such a violation. As far as the first question—whether we should call Happy a person or not—is concerned: The law has traditionally classified things into persons and property. But let us suppose there are three legal categories of things, (1) Beings with rights and duties, (2) Beings with rights but no duties, and (3) Beings ("things") which have no rights and can therefore be property and can be used however we please. [End Page 29] Should we choose to reserve the word "person" for the first of those categories—for beings who have both rights and duties—that usage surely is not a reason for violating the rights or the liberty rights of beings in the second category. Should we choose to use the word "person" for beings in both of the first two categories, that is, for all beings who have rights of any kind, that does not settle the question whether any given "person" has any specific right to liberty or not, and so whether that "person" falls under the protection of habeas corpus. To claim that it is possible to separate rights from duties is not to deny that some rights may be connected to the ability to have duties, so we must still establish that a given right to liberty is not one of those. This brief approaches these questions in this way. First, it argues that if human beings have a legitimate claim to have rights, then Happy does so as well, on the basis of some reflections about why we suppose we have rights at all. Second, it argues that on the account of rights it offers—and on most accounts of rights in the philosophical tradition—it makes sense to recognize a category of beings who have rights but no duties. Because one of the arguments against such a recognition calls into question whether a being without duties can have liberty rights in particular, this brief will argue that it also can make sense to think of such beings as having liberty rights, and it makes sense to think of Happy as having such a liberty right which has been violated. And fourth, this brief argues that release to a sanctuary is an appropriate response to the violation of Happy's liberty right. iii. argument 1. Does Happy Have Rights? In order to ascertain whether Happy has rights, we must first ask why we suppose that human beings have rights. Philosophers have long supposed that there are two theories about the purpose that is served by the existence of rights. One—usually called the interest theory—is that rights exist in order to protect the important interests of an agent. According to the interest theory, we protect an individual's interests in her bodily integrity, her property, her ability to do certain things without interference, and so on, against the encroachment of others, because these matters are of deep concern to her. The other—the will theory—is that rights exist in order to define a sphere of action in which the agent has a kind of normative control. In H. L. A. Hart's famous phrase, a right makes the right-holder a small-scale sovereign.2 According to the will theory, no one may legitimately exercise control over what the agent may believe or, within limits of safety, what she may say or with whom she may associate. Property exists to give her control over land, buildings, or objects she needs in order...

Legal Research on the Construction of Advance Compensation Mechanism in China's Securities Market

The legal nature of the advance compensation in the securities market is more inclined to the legal agency settlement system. As the main body of the advance compensation, the sponsor institution bears the liability for compensation externally and enjoys the right of claim internally. The existing advance compensation mechanism has problems such as unclear compensation standards, opaque and unfair compensation procedures, unclear starting point, and unclear relationship with the issuer's administrative reconsideration administrative litigation. There are not many related research results. In the future mechanism construction process, the amount of compensation should consider market risk factors, clarify the legal concept of the advance compensation mechanism, handle the relationship between advance compensation and administrative reconsideration, administrative litigation and administrative compensation, and introduce solutions such as the hearing system.

Caste and Gender: Kusumabale as a Tale of Coexisting Oppression and Resistance

The politics of caste finds voice in literary narratives in numerous ways. Some of the usual trends are where there is a heart-wrenching tale of oppression, exploitation and a gruesome end. However, some narratives capture the struggle, rebellion, and claim of rights. Nevertheless, these stories conflict with the ground reality, which is always an entanglement of oppression and resistance. Oppressed people make a way for their humiliation or they are sometimes indifferent to the existing injustice in certain situations. On the contrary, the same people resist and raise their voices in certain other situations. In addition to it, the way some of them resist is by flouting the moral rules. The unconventional modes of resistance and oppressive acts that co-occur are the peculiarity of the novel Kusumabale. The writer captures reality in the garb of magical realism and challenges the traditional narratives of caste and gender. This paper aims to analyze the oppressive and resistive acts in the novel using the theories of Bourdieu and Foucault. It will be an attempt to discern power dynamics encapsulated in the novel.

Prediction Method of Carbon Emission Trading Price Based on Claim Rights

Prediction Method of Carbon Emission Trading Price Based on Claim Rights