Fairness Of Enforcement Research Articles

Sustaining Compliance with COVID-19 Mitigation Measures? Understanding Distancing Behavior in the Netherlands during June 2020

In the month of June, the Netherlands had continued its singular trajectory in combating the COVID-19 pandemic. After the transition from the “intelligent lockdown” into the “1.5 meter society,” the month of June heralded further relaxations of the prior mitigation measures. Building on our previous surveys during the month of May, this paper reports the findings of two additional survey waves collected in June (between 8-11 and between 22-26) among nationally representative samples (N = 1041 and N = 1033). The results show that the processes that sustained compliance during the month of May continued to be influential, especially citizens’ intrinsic motivation to comply, their capacity to do so, their impulse control, and social norms that sustained compliance. Furthermore, there were some indications that extrinsic reasons, such as the likelihood of punishment and the fairness of enforcement, may have become more influential in shaping compliance. A comparison to the findings from May revealed, however, that compliance was gradually declining in the Netherlands, as were the resources that sustain it.

Procedural Fairness in Antitrust Enforcement: The U.S. Perspective

Due process and fairness in enforcement procedures represent a critical aspect of the rule of law. Allowing greater participation by the parties and making enforcement procedures more transparent serve several functions, including better decision-making, greater respect for government, stronger economic growth, promotion of investment, limits corruption and politically motivated actions, regulation of bureaucratic ambition, and greater control of agency staff whose vision do not align with agency leadership or who are using an enforcement matter to advance their careers. That is why such distinguished actors as the International Competition Network (ICN), the Organization for Economic Cooperation and Development (OECD), the Association of Southeast Asian Nations (ASEAN), the International Chamber of Commerce (ICC), and the American Bar Association (ABA) have all offered frameworks for promoting greater fairness in antitrust enforcement. Because the U.S. was the first country to enact an antitrust law, it has enjoyed the longest opportunity to develop its enforcement practices. As such, after first introducing the key antitrust enforcement institutions, this chapter will explore the manner in which U.S. implements four key procedural protections (legal representation, notice of the legal basis and evidence underlying the alleged violation, engagement between the parties and the investigative staff, and internal checks and balances/judicial review) to provide insights into ways to improve U.S. law and in the hopes that other jurisdictions might benefit from the U.S. experience.

National sex work policy and HIV prevalence among sex workers: an ecological regression analysis of 27 European countries

Sex workers are disproportionately affected by HIV compared with the general population. Most studies of HIV risk among sex workers have focused on individual-level risk factors, with few studies assessing potential structural determinants of HIV risk. In this Article, we examine whether criminal laws around sex work are associated with HIV prevalence among female sex workers. We estimate cross-sectional, ecological regression models with data from 27 European countries on HIV prevalence among sex workers from the European Centre for Disease Control; sex-work legislation from the US State Department's Country Reports on Human Rights Practices and country-specific legal documents; the rule of law and gross-domestic product per capita, adjusted for purchasing power, from the World Bank; and the prevalence of injecting drug use among sex workers. Although data from two countries include male sex workers, the numbers are so small that the findings here essentially pertain to prevalence in female sex workers. Countries that have legalised some aspects of sex work (n=17) have significantly lower HIV prevalence among sex workers than countries that criminalise all aspects of sex work (n=10; β=-2·09, 95% CI -0·80 to -3·37; p=0·003), even after controlling for the level of economic development (β=-1·86; p=0·038) and the proportion of sex workers who are injecting drug users (-1·93; p=0·026). We found that the relation between sex work policy and HIV among sex workers might be partly moderated by the effectiveness and fairness of enforcement, suggesting legalisation of some aspects of sex work could reduce HIV among sex workers to the greatest extent in countries where enforcement is fair and effective. Our findings suggest that the legalisation of some aspects of sex work might help reduce HIV prevalence in this high-risk group, particularly in countries where the judiciary is effective and fair. European Centre for Disease Prevention and Control.

Moderasi Hukum Islam dalam Pemikiran Ahmad Hasyim Muzadi

This study aims to examine the paradigm of moderate ijtihad by Ahmad Hasyim Muzadi and moderation discourse of Islamic law that was built by Ahmad Hasyim Muzadi. This study used the approach is the thought of Milton K. Munitz. This study showed that the paradigm of moderate ijtihad that built by Ahmad Hasyim Muzadi should not be based on the texts of Islamic law only, but also to be devout and clear thinking, honest, and sincere. In this way, the moderation of Islamic law discourse that resulted will bear the legal system that is inclusive and accommodated to the dynamics of human life. Islamic legal discourse that has a balance and fairness in enforcement at the empirical level

Moderasi Hukum Islam dalam Pemikiran Ahmad Hasyim Muzadi

This study aims to examine the paradigm of moderate ijtihad by Ahmad Hasyim Muzadi and moderation discourse of Islamic law that was built by Ahmad Hasyim Muzadi. This study used the approach is the thought of Milton K. Munitz. This study showed that the paradigm of moderate ijtihad that built by Ahmad Hasyim Muzadi should not be based on the texts of Islamic law only, but also to be devout and clear thinking, honest, and sincere. In this way, the moderation of Islamic law discourse that resulted will bear the legal system that is inclusive and accommodated to the dynamics of human life. Islamic legal discourse that has a balance and fairness in enforcement at the empirical level