Explicit Prohibition Research Articles

Forced Marriages in Times of Armed Conflict: An Implicit Paradox of Modern Slavery under International Humanitarian Law

Abstract The idea of the world as a global village has brought about various transnational problems. One of these problems is the transition of forced marriages into the modern form of slavery. Forced marriage continues to be a violation of human rights specifically in the context of modern slavery, usually existing during armed conflicts. Such a violation is linked to modern slavery as it constitutes slavery-like practices, including abuse, sexual assault, rape, domestic violence, and so on. In literature and practice, forced marriages in times of armed conflicts are usually labelled as personal problems requiring personal solutions. Factors such as financial crisis, threats to honour, and family protection lead to forced marriages in conflict zones. Such factors have been overlooked, resulting in the absence of legislation across the globe to prohibit forced marriages during conflicts. Consequently, international laws need to be on the same page in the categorization of forced marriages as modern slavery by considering it a specified form of human rights violation. Inconsistent labelling in this regard has produced ambiguity in resolving the issue through practical mechanisms. Severe violations of human rights continue to occur due to the absence of an explicit prohibition of forced marriage in armed conflicts, as highlighted through multiple case studies in this research. A preventive solution is required to hinder the practice that is feasible through the codification of the prevention mechanisms under International Law (IL) and International Humanitarian Law (IHL).

Evaluation of score-based tertiary triage policies during the COVID-19 pandemic: simulation study with real-world intensive care data.

The explicit prohibition of discontinuing intensive care unit (ICU) treatment that has already begun by the newly established German Triage Act in favor of new patients with better prognoses (tertiary triage) under crisis conditions may prevent saving as many patients as possible and therefore may violate the international well-accepted premise of undertaking the "best for the most" patients. During the COVID-19 pandemic, authorities set up lockdown measures and infection-prevention strategies to avoid an overburdened health-care system. In cases of situational overload of ICU resources, when transporting options are exhausted, the question of atertiary triage of patients arises. We provide data-driven analyses of score- and non-score-based tertiary triage policies using simulation and real-world electronic health record data in aCOVID-19 setting. Ten different triage policies, for example, based on the Simplified Acute Physiology Score (SAPSII), are compared based on the resulting mortality in the ICU and inferential statistics. Our study shows that score-based tertiary triage policies outperform non-score-based tertiary triage policies including compliance with the German Triage Act. Based on our simulation model, aSAPSII score-based tertiary triage policy reduces mortality in the ICU by up to 18percentage points. The longer the queue of critical care patients waiting for ICU treatment and the larger the maximum number of patients subject to tertiary triage, the greater the effect on the reduction of mortality in the ICU. ASAPSII score-based tertiary triage policy was superior in our simulation model. Random allocation or "first come, first served" policies yield the lowest survival rates, as will adherence to the new German Triage Act. An interdisciplinary discussion including an ethical and legal perspective is important for the social interpretation of our data-driven results.

Posthumous conception in Australia - legal and ethical considerations.

Posthumous conception, the ability to conceive a child after the death of one partner, is increasingly prevalent due to advances in Artificial Reproduction Technology (ART). This paper considers the complexities surrounding the practice in Australia, focusing primarily on the ethical and legal dimensions. It observes that state-based regulations in Australia create disparities in accessibility: some states prohibit the procedure without the deceased's written consent, while others permit it based on guidelines or lack explicit prohibitions. Addressing the juxtaposition of Will Theory and Interest Theory, it emphasises the ongoing debate on whether rights, particularly reproductive autonomy, outlive a person's demise. Finally, the paper highlights an evident inconsistency in Australian legislation and promotes a uniform approach across states.

Application of Additional Criminal Punishment of Dismissal from Military Service Against TNI Soldiers Proven to Commit the Crime of Same-Sex Indecency

The phenomenon of LGBT groups is not only endemic in society within the TNI has also been some who joined the LGBT group where this group has damaged the identity of a firm attitude, discipline and soul sapta marga a faded due to LGBT groups. How is the regulation of same-sex immoral crimes (homosexual) in Indonesian criminal law? And How is the application of additional punishment of dismissal from military service against TNI Soldiers who are proven to have committed same-sex immoral crimes (homosexual) based on the legal considerations of the Judges in the Military Court Decision III-12 Surabaya Number 24-K / PM.III-12 / AD / II / 2020? The Regulation of Same-Sex Indecent Crimes (Homosexual) in Indonesian Criminal Law, there are differences in the regulation of same-sex indecent crimes between the old Criminal Code and the new Criminal Code. Where in the old Criminal Code, there was a disparity related to the age of the perpetrators of same-sex immoral crimes. Whereas in the new Criminal Code it is no longer regulated related to age. The application of additional punishment of dismissal from military service against TNI Soldiers who are proven to have committed same-sex immoral crimes (homosexual) is in accordance with applicable law. Because same-sex immoral acts are serious crimes, the defendant is given an additional sanction in the form of dismissal. This research uses the research method of Normative Juridical research method with secondary data consisting of premier, secondary and tertiary legal materials. Arrangement of Same-Sex Indecent Crimes (Homosexual) in Indonesian Criminal Law, there is no explicit prohibition in the Criminal Code related to indecent acts (homosexual) and not in accordance with the norms of decency, because same-sex indecent crimes are not prosecuted except on complaints, even though homosexual crimes have violated the norms of decency, and arrangements should be made related to the prohibition of homosexuality in the law. The application of additional punishment of dismissal from military service against TNI soldiers who are proven to have committed same-sex immoral crimes (homosexual) needs to be socialized so that soldiers are careful in maintaining their actions so that the honor of TNI soldiers is maintained.

Tinjauan Hukum Islam Terhadap Istri Yang Memilih Berkarir

This study aims to review Islamic law on wives who choose a career in their daily activities. This study used a normative qualitative method. It used both primary data and secondary data. Data analysis used the descriptive analysis method. The results of this study showed that scholars have different opinions about wives who choose careers. Indeed, there is no explicit prohibition in Islamic teachings about wives who choose a career and work outside the house both in stable and unstable family economic conditions. Moreover, referring to the Islamic teachings, wives who choose a career have to pay attention to the boundaries and rules of Islamic teachings. Besides, they have to maintain their honor and dignity as female Muslims so that it does not conflict with their nature as a woman.

Testing the Public Officials’ Integrity in the Moonlighting of State-Owned Company Commissioner

Conflict of interest is related to fraud and corruption, whose sources include the following, (a) concurrent positions or moonlighting, (b) public sector non-cooling off work/business activities post-employment, (c) work and personal business interests of family, friends, and associates, (d) affiliate relationship of community groups, organizations, and political aspirations. Therefore, this study aimed (1) to develop a catalogue of laws and regulations implicitly and explicitly prohibiting state officials or government employees from implementing moonlighting. It indicated the explicit prohibition of moonlighting against interfering with the conditions causing conflicts of interest. It also aimed (2) to examine the moonlighting of SOE commissioners through state officials. In this analysis, SOE was selected as the sample due to being simultaneously regulated by various policies prohibiting conflicts of interest and moonlighting. The sample was also exchange-listed because of the obligation to disclose information in the Capital Market Law as an Annual Report, where the profiles of the Commissioner members were often showcased. The results showed that moonlighting was unacceptable by public officials as commissioner members, regarding the compiled catalogue.

The Experience of a Difficult Neighborhood: Episodes from the History of Social Interaction Between Ukrainians and Jews of Volyn in the First Half of the 17th Century

The article deals with the problem of relations and social interaction of Ukrainian communities (primarily burghers and peasants) with the Jewish population of the Volyn Voivodeship in the 1st half of the 17th cent. The author pays attention to the relevance of an objective analysis of this problem in view of false stereotypes about the deep traditions of Ukrainian anti-Semitism and insufficient attention of domestic scientists to the study of the experience of social interaction of Jews and Christians in Volyn during the Lithuanian-Polish era. The most important studies and publications, in which the solution of the problem was initiated, were analysed, the priority directions of further studies related to this topic were emphasized. The article raises the issue of the specifics of conflicts between Christians and Jews in Volyn. At the same time, it was emphasized that relatively few conflict situations related to national-religious misunderstandings were found. At the same time, in a number of cases, their analysis makes it possible to obtain (as background information) information about the cooperation of representatives of the Christian and Jewish communities. When presenting the main material, four episodes from the history of Ukrainian-Jewish relations were analysed, which testified to the cooperation of representatives of these communities in the realities of everyday life in Volyn in the 1st half of the 17th cent. In particular, the practice of inviting Ukrainian burghers and peasant women to Jewish families as babysitters was noted; at the same time, it was emphasized that the mentioned cooperation had a long history and was practiced in Volyn despite an explicit prohibition in the II Lithuanian Statute. Cases of reactions of Ukrainian peasants and townspeople in crisis situations were also analysed, when Jews were saved from robbers and a mob that intended to commit lynching by their efforts. As a result it is possible to confirm the fact that the national-religious boundaries between Jews and Ukrainians were blurred in the everyday conditions of the first half of the 17th cent., already stated in the works of domestic researchers. This was confirmed not only by the example of the communication of Jews with the nobility, but also at the level of other classes, namely burghers and peasants. It was emphasized that the myth of the systemic anti-Semitism of Ukrainians is not confirmed in the sources, so the study of real conflicts between Ukrainians and Jews requires new approaches.

A Review of Challenges and Solutions in the Use of Murabaha Products in Islamic Banking

Despite the explicit prohibition on charging interest, certain Islamic banks continue to rely on interest-based benchmarks as a pricing reference due to the absence of stable and widely-available alternatives. This reliance contradicts the essence of Islamic banking, which necessitates the absence of any interest-related elements in operational activities and pricing stipulations. This article addresses the challenges Islamic banks face in implementing Murabaha, an Islamic financing technique incorporating interest rates in specific pricing stipulations. To assist individuals or businesses interested in utilizing Murabaha, the article provides recommendations emphasizing the importance of understanding Islamic finance principles, complying with Shariah guidelines, researching reputable Islamic financial institutions, comparing pricing and terms, comprehending associated risks, and seeking professional advice. Additionally, the article presents a proposal to enhance the Shariah compliance of Murabaha financing. Building upon existing guidelines, the proposal suggests strengthening the cost-plus-profit structure, increasing customer involvement, promoting ethical sourcing, and facilitating greater disclosure and accountability. These recommendations aim to address potential challenges and ensure the transparency and authenticity of Murabaha transactions, aligning them more closely with Shariah principles. Furthermore, the article explores the challenges faced globally in implementing Murabaha practices in Islamic banks and proposes solutions to overcome them. Adherence to Islamic principles, including transparency, ethical sourcing, and equitable decision-making, is essential in Murabaha transactions. However, issues such as lack of standardization, limited expertise, and inadequate regulatory frameworks hinder the effective implementation of Murabaha. Proposed solutions include developing international standards, enhancing training and expertise, and strengthening regulatory frameworks. Implementing these solutions will improve Murabaha practices, fostering the growth and stability of the Islamic finance industry. Lastly, the article examines Islamic banks’ challenges in setting benchmark prices for Murabaha practices and proposes solutions to address this issue. Transparent pricing based on ethical and Shariah-compliant principles is essential for Murabaha, yet the need for readily available reference benchmarks poses challenges in ensuring fairness, consistency, and market competitiveness. The proposed solutions include developing standardized pricing benchmarks, industry collaboration for data sharing, and regulatory initiatives to promote transparency and accountability. Implementing these solutions will enhance the effectiveness and credibility of Murabaha practices worldwide, benefiting Islamic banks and the broader Islamic finance industry.

Interfaith Marriage in Islam: Classical Islamic Resources and Contemporary Debates on Muslim Women’s Interfaith Marriages

In Islamic tradition, both Muslim men and women are prohibited from marrying mushriks and are required to marry only other believers. However, Muslim scholars’ definitions of ‘believers’ and ‘mushriks’ differ for men and women. Whereas kitabī (Jewish and Christian) women are accepted as believers, not mushriks; kitabī men, who believe in the same religion as kitabī women, are not accepted as believers. Thus, there is a prohibition of Muslim women marrying men of different faiths in Islam. This prohibition is mainly based on the consensus of scholars, which is mostly derived from the cultural and social understanding of marriage and gender roles in the family rather than strictly from religious sources of reference. The aim of this article is to discuss how classical and contemporary Muslim scholars have approached the question of Muslim women’s interfaith marriages in Islam. Classical Muslim scholars did not consider the changing circumstances in their society and reconsider the religious rule regarding Muslim women’s interfaith marriages, as they did for Muslim men’s interfaith marriages. On the other hand, some contemporary Muslim scholars argue that the absence of any explicit prohibition in the Qurʾān indicates that Islam leaves the decision regarding whom to marry up to the Muslim woman and that she should consider her conditions and her prospective husband’s attitude toward her religious faith before making the decision for herself.

Solving transportation externalities, economic approaches, and their risks

Abstract The impact of human activity on the environment is an ongoing concern not only in the natural sciences but also in economics. Special attention is focused on the transport system, which is one of the largest producers of so-called externalities. However, its regulation may mean a serious disruption of global logistics links, which are crucial for maintaining international and national trade, gross domestic product formation and, therefore, to maintain the economic level to which mankind is accustomed to and which brings a quality of human life that is the highest in the human history. The article, therefore, examines possible economic approaches and theories to the problem of the relationship between human activity and the environment and the possible reduction of negative externalities. Typical approaches to dealing with externalities include the theories of the English economist Arthur Pigou, who proposed the application of various taxes and subsidies to limit the so-called social costs, whereas the extreme solution is the explicit prohibition of certain activities. In contrast to this approach is the theory known as the environmental Kuznets curve, which states the relationship between environmental damage and the economic performance of a given geographical area. It must be respected that the reduction of negative externalities, or their so-called internalisation, cannot be expected to be a trivial solution. The application of additional taxes or subsidies can lead to many unintended consequences, which may ultimately have a greater negative economic impact than the externalities themselves. Therefore, the conclusion of this article is devoted to a discussion of the potential risks of such regulatory interventions from the government position.

Unbalanced bidding in construction projects: a contractors’ perspective

Published research on unbalanced bidding either shows the owners’ perspective or intends to represent the contractors’ views through theoretical models. This paper aims to reflect the contractors’ perspective on this topic through an empirical approach. 86 interviews with experienced contractors in the Jordanian construction field were held and their standpoints on unbalanced bidding were obtained and analyzed. The analysis reveals that front end loading and quantity error exploitation are the most widely used forms of unbalanced bidding. The main motives for adopting unbalanced pricing are found to be; increasing chances of winning bids; improving project’s profitability; and minimizing financing costs of projects. The surveyed contractors showed deep understanding of the risks associated with this practice on both the contractor and owner alike to the extent that the majority thereof surprisingly asked for explicit prohibition on this practice in bidding regulations. The paper provides some practical recommendations to that aim at limiting this practice. The outcomes of the paper should prove to be useful to owners in shaping policies regarding unbalanced pricing in bidding documents as well as understanding contractors’ motives to this practice. Although the survey was conducted in Jordan, the results obtained is expected to have much wider applicability, and recommendations obtained can be useful in many other countries.

The Premier Should Not Also Be the Attorney General: Roncarelli v Duplessis Revisited as a Cautionary Tale in Legal Ethics and Professionalism

From time to time, a Premier or Prime Minister appoints themself as Attorney General. In this article, I argue that this dual portfolio is inherently and incurably problematic and should be avoided and indeed prohibited. I do so from the perspective of legal ethics and professionalism. The springboard for my analysis is the conduct of Quebec Premier and Attorney General Maurice Duplessis in the classic case of Roncarelli v Duplessis. While there may well be perceived benefits that tempt Premiers to serve in the dual role, any lawyer who does so unavoidably violates his or her professional obligations. For this reason, I argue that law societies or legislatures, or both, should introduce an explicit prohibition against this dual role.

Edice Petlice jako symbol české samizdatové literatury ve svobodném světě

An integral part of Czech literature of the 2nd half of the 20th century is also literature published in samizdat. By this we mean works that could not be published in official publishing houses, but were reproduced in typescript. The symbol of such a literature of the 1970s and 1980s was the Petlice edition, the most important and most extensive typescript edition. It was founded at the end of 1972 L. Vaculík and was run throughout its existence. Petlice focused its activities on original Czech and Slovak literary works. It has published almost 400 titles. Authors who were prevented from publishing after 1968, such as I. Klíma, P. Kohout, V. Havel and J. Gruša, published their works here. The books of the Petlice were characterised by the authors’ signatures on the title page and on the reverse of the title page, and the copyright formula – the most famous V.z.d.o.r. (Explicit prohibition of further copying of the manuscript) belonged to the most efficient editorial scribe Z. Erteltová. The activities of the edition were followed by a number of samizdat publishers. Among the first were J. Vladislav with his Kvart and V.Havel with Edice Expedicí. The activities of the exile and cooperation with it had a great influence on the development of Czech samizdat. A significant part of samizdat production was published by exile publishing houses and magazines that paid at least a small fee to the authors. The exile also played an important role of mediation, communication and information. It selflessly ensured the supply of samizdat texts to radio stations that broadcast in Czech and Slovak, as well as to Western publishing houses. He organised the secret transport in both directions – of manuscripts and information to the West and of exiled books and magazines to their home countries. The Czechoslovak Documentation Centre for Independent Literature, founded in the 1980s by a group of exiled cultural workers in West Germany, played a very important role in this field.

Abortion Access for Incarcerated People: Incidence of Abortion and Policies at U.S. Prisons and Jails.

To understand abortion incidence among incarcerated people and the relation to prison and jail pregnancy policies. We collected abortion numbers and policy data from convenience sample of 22 state prison systems, all Federal Bureau of Prisons sites, and six county jails that voluntarily reported monthly, aggregate pregnancy outcomes for 12 months in 2016-2017. Sites also completed a baseline survey of institution characteristics and pregnancy policies, including abortion. We reported facility policies and abortion incidence according to state-level abortion characteristics. Only half of state prisons in the study allowed abortion in both the first and second trimesters, and 14% did not allow abortion at all. Of the 19 state prisons permitting abortion, two thirds required the incarcerated woman to pay. Four jails of the six study jails (67%) allowed abortions in the first and second trimesters, and 25% of those required the incarcerated woman to pay for the procedure. The three prisons and two jails that did not allow abortions were in states considered hostile to abortion access. In the state and federal prisons studied, 11 of the 816 pregnancies (1.3%) that ended during the study time period were abortions. Of the 224 pregnancies that ended at study jails, 33 were abortions (15%), with more than half of those (55%) occurring in the first trimester. The abortion ratio (proportion of pregnancies ending in abortion) was 1.4% for prisons and 18% for jails. Although some incarcerated individuals have abortions, many prisons and jails have restrictive policies surrounding abortion, either through self-payment requirements or explicit prohibition. Findings from this study should prompt further inquiry into abortion incidence in these settings and address interventions to ensure incarcerated people, in accordance with legal requirements and health equity, have access to abortion.

Regulation of Work Breaks in Hungary with a European Perspective

The basis for the review of the Hungarian and European rules of the rest break during the working day was the fact that there was a lawsuit to establish the illegitimacy of termination, in which I represented the plaintiff. The reason for the summary dismissal on the part of the employer was that the employee was playing cards while on a rest break during the working day. In his action, the plaintiff sought a declaration that his employer had unlawfully terminated his employment. By the judgment of the Court of First Instance, the action was dismissed, and the plaintiff was ordered to bear the court costs. By the judgment of the Court of Law proceeding by the plaintiff’s appeal, the judgement was reversed, and it ordered the defendant to pay the plaintiff severance pay as well as compensation. The defendant presented an application for review, which was not upheld. After completing the matters of fact, the Court of Appeal correctly stated that, at the time of the inspection, the plaintiff availed himself of a rest break during the working day, which was lawful; moreover, it was not disputed by the defendant. The Court of Appeal rightly concluded that the employer may prohibit the employee from playing cards during breaks in the workplace, but this must be communicated unequivocally to him, and this expectation must be consequently carried out. The Court of Appeal also rightly pointed out that in the case of explicit prohibition of some behaviours, employees must also be informed of the legal consequences, which are applicable in case of infringement of the rule. However, in the present case, this was not established, so that the lawsuit ended with the full recovery of a favourable judgment of the employee plaintiff at the Supreme Court of Justice.

PUBLIC SIGNS DURING THE CORONAVIRUS PANDEMIC (BASED ON RUSSIAN, GERMAN AND FRENCH LANGUAGES)

The article represents a comparative analysis of Russian, German and French public signs that regulate safety precautions during the coronavirus pandemic, of their both linguistic and cultural specifics. The study is based on 500 authentic public signs, collected by the continuous sampling method in Izhevsk (Russia), Lyon, Clermont-Ferrand (France), and Leipzig (Germany) in the course of 2020. As a result, similarities and differences have been revealed concerning impact strategies as well as linguistic means whereby these strategies are realized. Most similarities are revealed in the informative public signs; however, the corresponding German and French signs are marked by detailed description of safety precautions, and Russian signs often refer to decrees of the local authorities. One of the main differences is that some Russian signs contain explicit prohibitions, whereas there are no such examples among the German and French signs under study. The difference in frequency of impact strategies that influence the recipients’ emotions also takes place: polite addresses and requests, appeals to take care of one’s health, and thanks for following the instructions. The specifics of compared cultures are reflected in the texts under study: the Russian culture is relationship-oriented, emotional, and values external control, whereas both German and French cultures are information-oriented, rational, and value internal control.

Ghostwriters as a Legal Phenomenon: Features and Perspectives of Legal Regulation of Their Activity

The paper is devoted to the problem of using the work of another person in the intellectual field, primarily in literary activity. The involvement of ghostwriters in writing literary works has created a legal phenomenon when the subject matter of contractual relations represents the inalienable non-property right, namely: the right of authorship the transfer of which is not possible in many jurisdictions, and in others, despite the absence of an explicit prohibition, there is no legal regulation of such alienation. However, the existence of ghostwriters cannot be assessed as a unique phenomenon of modernity. In our time, they have only gained new forms and a special place not only in the literary, but also in the scientific field. In this regard, the establishment of legal mechanisms for attracting and regulating ghostwriters is more effective than the establishment of a system of prohibitions.In the conditions of changing publishing businesses and increasing ways and forms of proof, questions about the authenticity of a person's authorship began to arise increasingly, especially in the field of scientific and scholarly literature, where the work of "new" researchers is often used. The issue of assignment of the right of authorship (copyright) — a fundamental property right — is treated differently in different legal systems. The continental system of law relies on impossibility of transferring copyright from one entity to another as part of a civil law transaction. Therefore, instances of attribution of authorship are assessed in the context of criminal or administrative law. It forms the legal essence of the division of rights of authorship into property and nonproperty ones: any commercial rights to intellectual property can be ceded except the authorship.

ZABRANA TELESNOG KAŽNJAVANJA DECE, OPŠTA RAZMATRANJA I PRILIKE U SRBIJI

The problem of corporal punishment of children occupies significant attention of general public and professionals, and also opens up moral, legal and political issues. In recent years, ideas about the introduction of a complete and explicit prohibition of corporal punishment of children have been strengthening globally. Proponents of the ban of corporal punishment are opposed by those who believe that the introduction of a ban implies a restriction on the right to private and family life and a reduction of parental rights, and also that the ban represents an attack on traditional values. In order to comprehensively understand the phenomenon of corporal punishment, presentations in the paper are designed so that corporal punishment of children is viewed from pedagogical, sociological and international law aspects, with emphasis on the reasons that speak in favor and against this type of punishment. The author has also tried to point out to the circumstances in Serbia, and to express his own position about the way in which the law in Serbia should treat corporal punishment of children.

Експліцитна та імпліцитна заборона в німецькому художньому тексті

Експліцитна та імпліцитна заборона в німецькому художньому тексті

The scars of religious war in histories of French cities (1600–1750)

Abstract This article explores the memory of France’s Wars of Religion in urban histories published during the century and a half that followed the restoration of peace with the Edict of Nantes in 1598. It asks why, despite explicit prohibitions against reviving memories of injuries suffered during the wars, local historians persisted in demonizing former opponents in histories that remained overtly confessional in their representation of the troubles. The article focuses on Catholic authors, who wrote fifty-six of the fifty-eight works examined. Protestants had little incentive to memorialize the towns in which they had a limited and declining position. Catholics, by contrast, mobilized memory to reaffirm a local identity rooted in Catholic practice and belief. Retelling the suffering local populations endured and recounting the city’s ritual responses to the religious schism, they pushed Protestants to the margins of a civic culture represented as inherently Catholic even in a bi-confessional state.