Discipline Of Law Research Articles

Application and Use of Rhetoric in the Scientific Field of Civic Education

Studying rhetoric means discussing the concept and application of a philosophy of science in a particular scientific field. The philosophy of science is all human thoughts spontaneously respond to every problem in the context of the basic concept of the formation of a science or the relationship between one science and another for the good of mankind In this method to be able to study rhetoric as a use and application in the scientific field of civic education we can use literature study or literature study. A systematic scientific method of literature. In the explanation above, the application of rhetoric in the scientific field of civic education is a form of branch of science that aims to form good and smart citizenship in civic life. So in the delivery of civic education science in delivering learning material can be done by providing logical arguments by showing evidence directly or indirectly to be able to prove scientific Civic education application of rhetoric in scientific midwives Civic education is a branch of the discipline of law and politics packaged in education which aims to form Smart and Good Citizenship. With good, ethical, and emotional delivery supported by the delivery of strong and accurate evidence, and can argue logically in presenting the evidence.

The Rhetorical Model of Indonesian Research Article Introductions (RAIs) in the Law Discipline: Problems and Opportunities

The issue of internationalizing academic works into English Scopus-indexed journals has been becoming a growing concern in Indonesia in the last few years. However, investigating rhetorical models of local research articles is still very limited in the Indonesian context to date, while finding this foundation that underpins the global issue may overcome and create awareness for Indonesian academics for the likelihood of publishing their academic papers into reputable journals. This paper attempted to investigate the rhetorical model of Indonesian Law RAIs because none has investigated it in this selected discipline. The purpose is to discover whether or not it is different from earlier findings in English and Indonesian models. The data in the present study are 15 Indonesian Law RAIs published in accredited Science and Technology Index journals (SINTA 2). For the analysis, the study employed a genre-based study using two rhetorical models as primary code analysis. The results revealed that the Indonesian Law RAIs in the present study have a different rhetorical model from the English model, the CARS model. The main difference is the ways of establishing a niche. This finding implies that it may become an obstacle for Indonesian authors in this discipline, on the one hand, but may become an opportunity for them to publish their academic works in reputable journals, on the other hand.

Exploration of the Application of Modern Information Technology in the Teaching of Criminal Law

With the arrival of the information age, modern information technology is more and more widely used in the teaching of criminal law, injecting fresh blood into it and revitalizing the discipline of criminal law. However, the use of modern information technology by criminal law teachers in the practical teaching of criminal law often fails to achieve the expected results, which indicates that the level of modern information technology mastered by criminal law teachers needs to be improved. In order to stimulate students' interest in learning criminal law in the new era, teachers of criminal law need to give full play to the advantages of modern information technology, and not only reasonably use cell phone APP function, micro classes and short videos and other skills to improve the level of modern information skills of their own teachers in the teaching of criminal law, but also pay attention to the organic fusion of the teaching method and modern information technology, highlighting the key points of the teaching, and focusing on the teaching effect.

Which Method Should I Select for My Legal Research – Doctrinal, Empirical, Multi-Method or Something Else?

This article scrutinises research methods for conducting research in the discipline of Law. Quality legal research, whether in the form of a research article, a thesis, a dissertation or any other, is a mere consequence of a meticulously planned research methodology. Protagonists of new research methods argue that renaissance in legal methods is needed to ensure the relevancy of Law as a subject in the present times, and also to find meaningful solutions to real life problems concerning Law. Traditionalists, however, vouch for the relevancy and continued importance of the traditional methods in legal research. Upon analysing various research methods, the author finds that the choice of research methods is contingent upon the understanding/perception of Law, and develops a visual representation of that idea. It has also been determined that research methods from social science are also being used in the legal research with the view to make the legal system more effective. The author argues for a multi-method legal research to arrive at more comprehensive output and to solve real life problems concerning Law.

Activism and academia: an interdisciplinary dialogue on academic freedom and social engagement

ABSTRACT This article focuses on the questions of academic freedom, scholar activism, public science, and social engagement. The five authors represent scholars from different disciplines and scientific paradigms as well as diverse gender, sexual orientation, nationality, ethnic, and class backgrounds, yet they share a joint passion for academic ‘activism’. The paper, therefore, reflects a multitude of transdisciplinary perspectives and positionalities. This dialogue was born out of the group’s desire to investigate the role of scientists in public and political matters, including engagement in social justice. The interdisciplinary nature of the dialogue allows for comparisons between how activism is defined, perceived, practiced, and considered (un)welcome in the disciplines of Sociology, Psychology, Law, Media Studies, and Medical Sciences.

독일 헌법사에서 법률유보의 의의

This study examines the development of major theories related to legal reservationin Germany from a constitutional perspective and presents implications and challenges toKorean public law from the basic perspective seen in the discussion of German public law onlegal reservation. In order to achieve the above research objectives, a literature researchmethod is attempted to review the books, papers, and precedents of Korea, Japan, and Germany on this topic. In the early days, the realm of legal reservation was limited to limitedbasic rights such as individual freedom and property rights, and its main significance was tosecure the legislative realm of the representative body, the parliament, from the executivepower of the administration. However, since then, the center of the discussion on legalreservation in Germany has emphasized the substantive discipline of administrative activitiesby law, trying to control administrative power under the detailed discipline density necessaryto achieve the purpose of protecting the rights and interests of the people. And today, legalreservation is not just a control principle of administrative power, but also a constitutionalprinciple. As such a constitutional principle, the basic perspective seen in the discussion ofGerman public law on legal reservation has great implications for us, in particular, as aconstitutional principle, efforts to promote an organic interpretation of related provisions in theconstitution based on legal reservation are one of the important tasks of Korean public law inthe future.

Роль современной юридической науки в жизни российского общества

The article makes an attempt to show the role of legal science in the life of Russian society using the example of criminal law science. For this purpose, the state in which criminal law science finds itself is considered. It has been established that legal science is represented by two unequal groups of people: some actually engage in scientific research, others imitate scientific activity. At the same time, publications that are imitative in nature are subject to fair criticism and are considered as a manifestation of a crisis in science. Despite the existence of negative factors, the scientific community directly or indirectly has a positive impact on the life of Russian society. In particular, criminal law science determines the ways of development of criminal legislation that performs protective and regulatory functions, thereby harmonizing conflict relations. The scientific community of law universities and faculties, being part of Russian society, not only produces and reproduces scientific knowledge, but also involves students, graduate students and doctoral students in its development in various forms. A significant role in the development and implementation of scientific knowledge into public practice is played by scientific and qualifying works in criminal law disciplines, including those not free from certain shortcomings. This study shows that the works of criminologists are also of interest among previously convicted persons and repeat offenders. In conclusion, it is concluded that the organization of legal science is far from perfect and requires significant reorganization in order to meet the expectations of society.

The Challenges and Responses Faced by Digital Legal Education in the Era of Big Data

With the development of new science and technology, modern society has entered the digital age. Law is facing challenges in the fields of legal theory, practice, and law. Modern legal education is facing a transformation towards digital legal education, which is a requirement for the construction of new liberal arts and new digital law. Building digital law requires shaping correct digital values, big data thinking, and integration with new engineering disciplines. Deep innovation and transformation should be carried out from the aspects of training objectives, curriculum system, and practical teaching, continuously exploring ways to build a digital law discipline in the era of big data, and cultivating composite talents who master law and new technology.

Advocating for Disciplinary Reform Through a Systematic Review of School Discipline Laws and State Guidance Across the United States

We conducted a systematic documentary content analysis of state laws and state education agency (SEA) disciplinary guidance from all 50 states in the United States. We focused on zero tolerance policies, mandates for review of disproportionality in discipline data, the utilization of school resource officers in discipline, corporal punishment, and prevention. Knowledge of practices throughout the United States is critical for school psychologists to advocate for socially just disciplinary practices and reform. Most state laws require zero tolerance practices for weapons and drug related offenses, yet very few mandate zero tolerance for minor offenses such as insubordination or disrespect. Only nine states require SEAs to review data for disproportionality or require school districts to remedy disproportionality when it is present. Eleven states allow for school resource officers to be involved in discipline outside of high-level safety concerns. Additionally, 23 states still allow corporal punishment in schools. Many states offer guidance to districts on the implementation of multitiered systems of support (MTSS), positive behavioral interventions and supports (PBIS), restorative practices, progressive discipline, and classroom-based interventions. Implications for school psychologists advocating for disciplinary reform at the local, state, and national level will be discussed. Impact Statement The researchers conducted a systematic national content analysis of school discipline laws and SEA guidance documents. We hope that the findings about school disciplinary laws and SEA guidance in each state will assist school psychologists in targeting their advocacy and reform efforts for more equitable and proactive disciplinary practices at the local, state, and national level.

Not a Blueprint: Reflections on the Cardiff Environmental Law and Policy Clinic

This article addresses the evolution of environmental clinical legal education at the School of Law and Politics at Cardiff University, with particular reference to the shift in its clinical focus from ‘law’ to ‘policy’. Law and policy are of course deeply intertwined, and the shift under consideration is to be understood neither as abrupt nor comprehensive. It is one of emphasis, which in turn is a reflection of the richness and complexity of the discipline of law within which clinical legal education, like all legal education, operates. The article examines the nature of, and factors shaping, the shift in Clinic emphasis towards law and policy. It addresses some of the practical implications of this for a host of clinical considerations (including resourcing, training and expertise, relationships with clients and management of outputs and impacts in the real world). It is hoped that this case study will feed into a wider literature around environmental clinical legal education, and the policy dimension in particular. The Cardiff Clinic is housed in a multi-disciplinary School of Law and Politics, which contains a wider clinical provision beyond the ‘Environment’, including a world-leading Innocence Project. This is the broader institutional context within which the Environmental Law and Policy Clinic is situated, and it is with this that our analysis begins in Section 1. We highlight what we call the ‘strategic accident’ and ‘accidental design’ underpinning the School’s clinical provision, as a core dynamic which is carried through in the analysis of the environment-focused Clinic. Section 2 elaborates on the substantive environmental law and policy context within Wales and the UK as a whole, and how this has shaped the increasingly policy-oriented nature of work of the Clinic. Section 3 critically reflects on the Cardiff experience, drawing in part on feedback the authors have obtained from student participants, as well as the authors’ own perspectives, to evaluate the developments under scrutiny.

Professional doctorates reconciling academic and professional knowledge: towards a diffractive re-reading

ABSTRACT This paper explores the different epistemologies that define the Professional Doctorate, paying close attention to how Postgraduate Researchers (PGRs) doing a Professional Doctorate reconcile academic and professional knowledge. Through a narrative exploration of the literature published since the first UK Professional Doctorates were awarded in 2000, the paper situates the Professional Doctorate within the confluence of the workplace, the profession and the university. From this stance, the paper explores distinct knowledge terrains between knowledge generated by Professional Doctorates in the context of application and knowledge generated in the context of disciplinary laws applied to sites of practice. The purpose of this discussion is to understand if, how and to what extent Professional Doctorates reconcile competing knowledge terrains. This study draws towards two broad conclusions. The first conclusion suggests that in the literature identified, the distinction between academic and professional epistemologies has little resonance. Instead of the dichotomous knowledge generated in the context of practice in contrast to knowledge generated in the context of disciplinary laws, Professional Doctorates were ensconced within several competing epistemologies. The literature identified focuses on impact and identity, concepts the study employs as lenses to guide a discussion. The paper thus views the process of reconciliation first through the lens of impact and then through the lens of identity. The investigation then draws a second conclusion: The epistemic landscape occupied by the Professional Doctorate is involved in a reconciliation of more significance that the putative academic and professional binary. The paper is compelled towards a diffractive re-reading of this academic-professional knowledge tension. This new reading allows a full recognition of both difference and mutual entanglement between knowledge generated in the context of practice and knowledge generated in the context of disciplinary laws.

Nuestro desafío es consolidar el control fiscal

In the field of fiscal control, I have held various positions at all levels of the system: as municipal internal control chief, operational director at the General Comptroller's Office of Boyacá, Comptroller and director at the District Comptroller's Office of Bogotá, and at the General Comptroller's Office of the Republic, I provided my specialized professional services as an advisor and auditor in several delegate offices.I am a Certified Public Accountant, Specialist in Public Finance, and Master in Disciplinary Law, with over 23 years of professional experience. This career path has allowed me to understand the fiscal control system in its entirety, having served as a fiscal manager in various roles. Academically, I had the opportunity to materialize this experience and wrote the book titled Comments and Illustrative Guides to the Fiscal Responsibility Processes within the Competence of the Comptroller’s Offices.

Equality of weapons in disciplinary law, within the framework of the general disciplinary code and workplace harassment Colombia 2022 - 2023

In the public sphere, Law 1010 of 2006, defined and established as punishable behaviors by way of very serious misdemeanor, any insult to human dignity attributable to public servants involved in labor relations, considering the need to protect, among others, the harmony and a good work environment, which depend on the actions or omissions of workers or employees of state organizations.Now, with the entry into force of the General Process Code, the intervention of a subject within the additional sanctioning process was allowed to the parties that are already recognized in the current procedural law, such as the recognition of the victims in line with what provided in article 109 of Law 1562 of 2019, thus imposing an inequality of subjects and a violation of due process for those investigated, so there should be no more participants in the disciplinary process other than the operator and the subject subject to discipline, under penalty to distort disciplinary law

Ethnographic Explorations of Crime and Punishment: Bridging Law and Anthropology


 
 
 This article presents ethnographic explorations of crime and punishment, aiming to bridge the disciplines of law and anthropology. Through qualitative methods, including literature review and library research, this study delves into the complex interplay between legal frameworks and cultural practices surrounding crime and punishment. Drawing on ethnographic data and theoretical insights, the research offers a nuanced understanding of how legal norms and cultural values intersect in shaping perceptions of crime and approaches to punishment. By examining real-life contexts and narratives, the study sheds light on the socio-cultural dynamics that influence legal processes and outcomes, emphasizing the need for interdisciplinary perspectives in addressing issues of crime and punishment. The findings underscore the importance of integrating anthropological insights into legal frameworks to foster more contextually grounded and culturally sensitive approaches to justice.
 
 

Enforcement of Asn Discipline Laws Based on The Online Personnel System Application And Its Impact on Performance In The Office of The Lubuk Sikarah District, Solok City

This research examines disciplinary law enforcement through the Online Civil Service System (KEPO), its obstacles and impact on ASN discipline. This type of research is normative juridical supported by empirical juridical. The data used is secondary and primary data. Secondary data was obtained from document studies and primary data was obtained by interviews. The data obtained was analyzed qualitatively, presented in a qualitative descriptive manner. First research results: In general, enforcement of disciplinary law through the KEPO system for ASN at the Kantor Camat Lubuk Sikarah is less effective. Even though discipline has been enforced by reducing or cutting additional employee income in accordance with Solok Mayor Regulation Number 17 of 2022 concerning Providing Additional Income to Regional ASN Employees. Second, the obstacles in enforcing disciplinary law through the KEPO system are: a) the legal factor is still weak: regulating the presence of a 50 meter radius, b) the law enforcement factor is still reluctant, c) the server facility factor is inadequate, d) the community understanding factor ASN in Kantor Camat Lubuk Sikarah regarding KEPO, e) Cultural Factors in the work environment in Lubuk Sikarah District, ASN's culture is reticent. Another finding from the research: there are ASNs who do not yet have an Android cellphone (camera) and a stable internet network. Meanwhile, the impact of implementing or enforcing ASN disciplinary laws on ASN performance in general has relatively increased, although it is still not effective.

Rawson Rawson and Early Victorian Poverty Knowledge

This article scrutinizes Rawson W. Rawson over seven years, from 1837 to 1844, during which he served as founding editor of the Journal of the Statistical Society of London and then as civil secretary to successive Canadian governors-general. Rawson studied poverty in London, amplified criticisms of Malthusian Poor Law disciplines in Scotland, and applied that logic to Indigenous poverty on the colonial frontier. The statisticians sought generic definitions of property and agency that sometimes challenged a more binary logic of civilization. But in Canada, Rawson's very critique of dispossession became an instrument of that dispossession.

Perlindungan Hukum Terhadap Dokter Yang Diduga Melakukan Malpraktik Ditinjau dari Peraturan Perundang-Undangan Yang Berlaku Studi Kasus Putusan Mahkamah Agung Nomor 233 K/Pid.Sus/2021

Doctors cannot avoid the possibility of disabled patients even dying, even though in practice they are in accordance with professional standards and standard operational procedures based on patient health needs. This situation should be referred to as a medical risk, but it is often interpreted by parties outside the medical profession as malpractice, so an understanding of legal protection for doctors suspected of malpractice is needed in terms of applicable laws and regulations. By looking at the decision of the Supreme Court Number 233 K / PID. SUS/2021, even though found guilty, the Defendant cannot be charged under the Criminal Code because it has been regulated in Law Number 17 of 2023 concerning Health (Health Law) and Law Number 29 of 2004 concerning Medical Practice (Law on Medical Practice), thus affirming the existence of legal protection from laws that specifically regulate the practice of medicine. This study aims to analyze legal liability for doctors who commit malpractice, and analyze legal protection for doctors suspected of malpractice in terms of applicable laws and regulations. The research method is carried out in a normative juridical manner with statutory approach methods, conceptual approaches, and case approaches. As a result of the research, the principle of justice is not accommodated in the claim for accountability under Article 79 letter c of the Medical Practice Law. The Health Act has preventive and repressive means of protection. The defendant did not carry out his practice in accordance with the standards of the medical profession, and the standard of operational procedures and health needs of patients, so automatically medical ethics were violated, causing the defendant to be held accountable for his actions in disciplinary law, civil law, and criminal law. In order to be protected from legal liability, doctors must always carry out their practices in accordance with professional standards, and standard operational procedures based on patient health needs.

How is The Theory of Law Possible? The Subject Area of Legal Theory in A. Reinach's Phenomenological Project

The article discusses Adolf Reinach's legal doctrine project, as presented in his main work 'The Apriori Foundations of Civil Law'. The author explores the subject matter of Reinach's theoretical discipline of law and the apodictic necessity of apriori laws rooted in the essence of legal concepts. The analysis focuses on the nature of apriori laws that are based on the essence of the legal concept and the correlative relation between apriori laws and their corresponding essence. The legal doctrine of Reinach is examined with special attention to its philosophical and methodological consistency, which is conditioned by the phenomenological method during the period of the Munich-Göttingen community. The author examines the differences between the first project of eidetic-phenomenological philosophy of law and the philosophy of positive law. This article demonstrates how the phenomenological theory of cognition, specifically the theory of science, was incorporated into A. Reinach's apriori doctrine of law. To reveal the problem, it is necessary to establish connections between A. Reinach's 'Apriori Foundations of Civil Law' and Edmund Husserl's 'Logical Investigations'. The article concludes that the concept of the apriori doctrine of law represents the realization of Husserl's theory of science as outlined in the 'Logical Investigations'. The article concludes that A. Reinach defined the subject area of the theory of law by attributing it to the intensional being, relying on E. Husserl's understanding of science. It is argued that the oneness of this subject area of legal theory lies in the intensional (essence-correlative) correlation of the essence of legal concepts and their apriori laws. This study's novelty lies in revealing the epistemological aspects of Reinach's eidetic-phenomenological project, which hold methodological value for phenomenological theory of law.

“It’s Like POOF and It’s Gone”: The Live-Streaming of Child Sexual Abuse

The live-streaming of child sexual abuse is an established, and prolific, form of abuse, with high international demand. It involves transmitting the sexual abuse of children in ‘real time’ via a webcam to individuals in any geographical location. Despite it being identified as a global key threat in the area of child sexual exploitation, there is a dearth of literature on this type of offending, limiting our understanding. Until further research is conducted, the current paper fills an important purpose by offering a stop gap of current research on the live-streaming of child sexual abuse. In particular, it draws from a breadth of literature to offer a synthesis of where geographically CSA live-streaming appears to mostly occur; the technological and legal barriers in detecting and prosecuting the behavior; what we know about viewers; what we know about facilitators; and the victims of CSA live-streaming and the impact of the abuse on them. In doing so, this paper offers critical knowledge for research, policy, and practice professionals across psychology, criminology, and law disciplines, who are interested in understanding, preventing, and responding to this form of sexual offending against children.

Action Pénale et Action Disciplinaire: the origins and current activities of the Criminal and Disciplinary Law Committee of the International Society for Military Law and the Law of War

Action Pénale et Action Disciplinaire: the origins and current activities of the Criminal and Disciplinary Law Committee of the International Society for Military Law and the Law of War