Judicial Judgment Research Articles

Commisimpex v. Republic of Congo

The law in France regarding waivers of foreign state (or sovereign) immunity from execution of judicial judgments (based largely on consideration of international law principles) has recently undergone significant developments. Previously, French case law had required a foreign state's waiver of immunity from execution to be both express and specific to consider valid the attachment of foreign state property allocated to public services (including bank accounts used for the functioning of both diplomatic missions and delegations to international organizations). In 2015, the French Court of Cassation relaxed the criteria it had previously required for giving effect to waivers of sovereign immunity in such situations, thus facilitating the ability of judgment creditors to attach foreign state property in France. Its decision in the Commisimpex v. Republic of Congo case appeared to put an end to that requirement by abandoning the criterion of a “specific” waiver on the ground that “customary international law does not require a waiver of immunity from execution other than express.” In December 2016, however, the French government enacted new legislation reinstating the need for a specific waiver of immunity for the attachment of the property as well as bank accounts of foreign embassies and diplomatic missions and additionally requiring a court order authorizing the attachment or seizure. As a result, France has now embraced a distinctly more protective approach to the immunity of foreign state assets from attachment and execution of judicial judgments.

Other-regarding attention focus modulates third-party altruistic choice: An fMRI study

Third-party altruistic decision-making has been shown to be modulated by other-regarding attention (e.g., focusing on the offender’s crime or the victim’s situation especially in judicial judgment). However, the neural mechanisms underlying this modulation remain poorly understood. In this fMRI study, participants voluntarily decided if they wanted to punish the first-party offender or help the second-party victim using their own monetary endowment in an unfair context. Particularly, before deciding they were asked to focus on the (un)fairness of the offender proposing the offer (offender-focused block, OB), the feeling of the victim receiving this offer (victim-focused block, VB), or without any specific focus (baseline block, BB). We found that compared to BB participants punished more frequently and prolonged help choices in OB, whereas they helped more frequently in VB. These findings were accompanied by an increased activation in the temporo-parietal junction (TPJ) during decision making in OB and VB. Moreover, regions relevant to cognitive control (esp. IFG/AI and the dorsal anterior cingulate cortex) were strongly recruited during specific choices conflicting the attention focus (e.g., choosing help in OB). Our findings revealed how other-regarding attention modulates third-party altruistic decision-making at the neural level.

Certain Authorities of Religious Minorities in Iran’s Act and the Effects of Their Decisions

<p>One the innovations in the new act of family support is observed in article 4 for the authorities of religious minorities. Concerning the competence of these authorities and their relationships with the judicial courts, legislators deny the competence of the general courts in hearing the minority affairs based on their religious commonalities and certain rules and habits. Moreover, given that these authorities are competent to hear the personal status and non-litigious affairs of the religious minorities and are legally recognized to do so, they can be, to some extent, considered as an exceptional part of the judicial judgment institution. As a result, their decisions are valid in the courts and are ratified and enforced if they are compatible with the public order and morality.</p>

Difficult Texts: Matthew 7.1–6

Every commentator struggles with the interpretation of Matthew 7.6, because the tantalizing image of ‘casting pearls before swine’ is so enigmatic. The interpretation offered here deals with the puzzle of the meaning of the proverb by reading it alongside verses 1–5. The argument suggests that the command not to judge (v. 1) is to be understood in a strong or hard sense (i.e. do not condemn) that does not undermine the use of judicious judgement in a weaker or softer sense (i.e. careful discernment and judgement). The need for careful judgement is relevant to relationships in the Christian community and the need, positively, to treat brothers and sisters as holy, as precious pearls who should never be thrown to the dogs or pushed into the mud through damning criticism, and not to be tempted, negatively, to waste their pearls of wisdom in rebuking their brothers and sisters, because they may end up trampled underfoot (v. 6). In this way, the danger of judgementalism is highlighted, but not at the expense of discernment and careful judgement.

الرجوع عن اليمين القضائية

The judicial oath is considered as an evidence of the proof that the foes used concerning to the decisive oath or the judge concerning to the complemented oath so as to decide the case and issue the suitable judicial judgment in the submitted case. But the foe who asks directing the decisive oath may retreat from this requirement and back again to the other proof evidences. And the judge may also want to retreat from directing the complemented oath to one of the foes for certain necessary causes. moreover ,the foe who is under oath may retreat from his oath that is done falsely because of his mind conscious , his fear of worldly and heavenly punishment , and his desire to regive the rights to their owners according to the relation of oath by psychological and religious sides of foe. So this research tackles the matter of the foe or the judge from directing the oath and also the time of this retreat whether it is possible or not and the related effects from one side.And the matter of retreating the foe who is under the oath after doing the oath and before issuing the judgment in both case rising the defence and before its rising. And it also tackles the retreat of the foe who is under the oath after doing the oath after issuing the decision in both cases ;contestation of the loser side in the issued decision against, and non-contestation the related effects of this from the other side

Reviewers of Volume 21

November 01 2015 Reviewers of Volume 21 In Special Collection: CogNet Author and Article Information Online Issn: 1530-9185 Print Issn: 1064-5462 © 2015 Massachusetts Institute of Technology2015MIT Press Artificial Life (2015) 21 (4): 501. https://doi.org/10.1162/ARTL_x_00193 Cite Icon Cite Permissions Share Icon Share Facebook Twitter LinkedIn MailTo Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Search Site Citation Reviewers of Volume 21. Artif Life 2015; 21 (4): 501. doi: https://doi.org/10.1162/ARTL_x_00193 Download citation file: Ris (Zotero) Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search Dropdown Menu toolbar search search input Search input auto suggest filter your search All ContentAll JournalsArtificial Life Search Advanced Search The Editor of Artificial Life would like to express his gratitude to the people listed below, who anonymously reviewed papers for the journal during the preparation of Volume 21. Their generosity, judicious judgment, and prompt response substantially helped us publish a journal that both is timely and has exacting scientific standards. The responsibility for sustaining the quality and relevance of the Journal rests largely in the hands of our reviewers. We at the Journal, and all of our readers, are deeply indebted to them. It is a genuine pleasure to thank them collectively for their dedicated service. (If anyone has been inadvertently omitted from this list, we sincerely apologize and ask them to let us know so that we can include their name in a future list of referees.) Andy Adamatsky Martyn Amos Tim Andersen Claes Andersson Takaya Arita Ricardo Azevedo Wolfgang Banzhaf Peter Bentley Michal Bidlo Joachim Boldt Josh... You do not currently have access to this content.

Autoregulación y creatividad publicitaria en el sector del automóvil en España: freno al tren verde

El abuso de términos ecológicos en el sector motor ha llevado a las instituciones nacionales e internacionales relacionadas con la autorregulación publicitaria a crear Códigos de regulación medioambiental en las comunicaciones comerciales. A pesar de la existencia de nuevas normas de conducta, las grandes marcas de automóvil con impávida actitud, siguen profanando una y otra vez el término ecología, atendiendo a intereses propios y contrarios al del consumidor. Planteamos en este artículo una visión general de la situación actual: haciendo un recorrido por las principales normas de autorregulación, las sentencias existentes hasta el momento, y las campañas infractoras, con el fin de que el lector pueda decidir si la autorregulación ha logrado o no frenar este tren verde.

English

Prior to 1986 consumers were unaware of their rights. The business community was exploiting the innocent consumers as per their own choice.  The new economic policy and the policy of liberalization adopted in India since 1991 have completely altered the face of business ethics by generating larger flows without the attendant accountability. The problems of consumers have become more acute during the last two decades. The Consumer Protection Act, 1986 is a milestone in the history of socio-economic legislation directed towards public welfare and consumer protection. Therefore, the importance of consumer protection in India has increased significantly during the policy of Economic Liberalization. It has been found that due to demonstration effect and increase in money power under new economic policy the demand for consumer products has been increasing by leaps and bounds and traders have been making a full use of increased demands for consumer products. They have been adopting fair and foul means to attract consumers and earn more and more incomes by hook or crook. Paradoxically, while the population has been increasing, the purchasing capacity of consumers in most of the cases has gone up after ushering in an era of new economic policy. The people have no time to make judicial judgments while purchasing goods; as a result of this most of the traders have been making full use of advertisements to attract consumers to purchase their products. They have been giving false specifications of their products and fleecing the consumers. No doubt, Director General of Investigation and Research (DGIR) has been established for investigating these cases but it has proved to be a white elephant. It has been found that in most of the cases investigations do not take place because these traders influence the officers of DGIR by gifts and offering jobs to their children to stop the investigations. A consumer of Nokia product asked DGIR to start investigations against NOKIA Company for unfair trade practices and deficiency in service. The DGIR did start the inquiry against the company but stopped in between because their officers were influenced by the Company not on merit but by other considerations. Moreover, there is urgent need to bring medical profession under Consumer Protection Act because they have been large number of complaints against doctors for negligence, resulting in serious disability and death of their patients. Doctors have made this profession a money making profession by hook or crook rather than making it a noble profession. In a nutshell, there is need to improve the functioning of DGIR, Consumer Forums and MRTC. A time limit of one year should be fixed if the consumer movement has to succeed in India. This paper indicates the problems of the consumers of India, failure of institutions which protect consumer rights and also suggests policy implications. Key words: Consumer protection, economic policy, purchasing power.

Bill C-51 Backgrounder #2: The Canadian Security Intelligence Service's Proposed Power to 'Reduce' Security Threats Through Conduct that May Violate the Law and Charter

If bill C-51 passes, CSIS will be expressly authorized to “take measures, within or outside Canada, to reduce” very broadly defined “threats to the security of Canada.” Where authorized by Federal Court warrant, these “measures” may “contravene a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms” or may be “contrary to other Canadian law”.The CSIS changes are dramatic, even radical. In 1984, parliamentarians granted CSIS a very broad mandate – found in the definition of “threat to the security of Canada” in s.2 of its Act – but were careful to accord it very limited powers. It has been an intelligence service – it collects and analyzes information and supplies assessments to the government.That will change in Bill C-51.The government proposes radically restructuring CSIS and turning it into a “kinetic” service taking physical action well beyond intelligence collection – and competent to act beyond the law and even the constitution. We doubt the legality of this proposal. Moreover, it is a rupture from the entire philosophy that animated the CSIS Act when it was introduced 30 years ago. The bill amounts to an open-ended authorization of clandestine powers whose proper and reasonable application will depend on perfect government judgment, tempered (in some cases) by superb judicial judgment in a problematic, secret proceeding. It violates, therefore, a cardinal principle we believe should be embedded in national security law: any law that grants powers (especially secret, difficult to review power) should be designed to limit poor judgment, not be a law whose reasonable application depends on excellent judgment.But whatever the truth as to whether these powers are constitutional or necessary, their introduction is irresponsible without a redoubled investment in our tattered accountability system. Anyone who has worked on accountability in the security sector knows that there is another core maxim in this area, when dealing with powerful, covert state agencies: “trust but verify”. We do not believe that that standard can be met at present, even without the new powers.Our background paper has two primary sections. In part I, we lay the factual foundation, describing what Bill C-51 (and the earlier Bill C-44, now before the Senate) would do to CSIS’s powers. We raise legal doubts about these new powers, focusing first on concerns about the scope of the new powers and second on the Federal Court warrant regime. We also briefly examine the question of CSIS accountability. Here, we raise (but do not address in full) broader questions of accountability that will figure prominently in a separate paper on this topic.In part 2, we name and briefly discuss a number of administration of justice and operational quandaries we see as possibly arising in relation to the new power.

Historical and Political Background of Judicial Review in the Islamic Legal System

The main reason behind writing this article is because many Western and some Arab writers deny that Islamic law recognizes the principles of judicial control over the constitutionality of law in it present form. Alternatively, they allege that the concept of judicial control is simply contrary to Shariah. Therefore, the main question is: Does the Islamic legal system recognize the exercise of judicial review of the constitutionality of laws, especially when it comes to issues relating to constitutional matters, in their present form? Further, if this question is answered in the affirmative, what is the nature of such judicial control? This article examines judicial control over the constitutionality of laws in Islamic legal system, studying the potentiality and availability of judicial review in the Islamic legal system and civilization and investigating the historical significance of some its most important applications. This article studies the elements that have helped to establish the idea of judicial review of law in the Islamic legal system, which are the principle of separation of powers, the doctrine of the rule of law, and the independence of judicial authority in the Islamic legal system. It is limited to the study of judicial review under the Islamic legal system within Sunni Islamic jurisprudence schools, namely Hanafi, Hanbali, Shafii and Maliki. This article will also study judicial judgments and events that took place in Islamic history especially during the time of Prophet Muhammad (622-632 C.E.), the Pious Caliphs (632-661), the Umayyad (661-750), Abbasids (750-1258), the Ayyubid dynasty (1169-1252) and the Ottoman Periods (1517-1921).

REQUISITOS DE ACTUACIÓN PARA ENTIDADES DE INSPECCIÓN Y CONTROL EN EL ÁMBITO REGLAMENTARIO

Action requirements for Inspection Entities in the Industrial safety area have followed an evolution that could be considered as natural and consistent with the environment, social, economic, industrial and administrative changes carried out until the year 2010. At this time, several regulatoy facts occurred causing an alteration in the legislative framework, whose consequences will be of great importance for industrial safety. As a way for example the 2006/123/CE directive on services in the internal market, the regulation 765/2008/CE regarding accreditation and market surveillance requirements and the Decision 768/2008/CE on a common framework for the marketing of products. The Services Directive transposition into Spanish low has motivated the need of change of more than 50 laws and regulations such as the Law of Industry and the Regulation of the Infrastructure for the Quality and Industrial Safety, changing substantially several precepts related to the control of industrial safety, which directly affect the mode of regulation. Moreover, the administrative authorization required until that time and certain regulatory requirements for different agents are eliminated by judicial judgments of the Supreme Court, This authorization enables unfair competition and a possible rigor and quality of inspections deterioration. Through this article, the impact of these changes that can result in the quality of control of industrial security services and, therefore, the existence of increased risk for citizens, it discusses.

Autonomy and its vulnerability: Ricoeur's view on justice as a contribution to care ethics.

We examine an article of Paul Ricoeur on autonomy and vulnerability. Ricoeur presents the two notions in the field of justice as intricately woven into each other. He analyzes their interdependence on three levels of human agency. Ricoeur's exposition has a focus on judicial judgment. After presenting Ricoeur's argument and an analysis of his main points, the author argues that Ricoeur's reflection lines up with some essential intentions of care ethics. Ricoeur's contribution to care ethics is given in a delicate balance of autonomy and its vulnerability.

Carcinoid tumor of cecal appendix: one-year incidence at the Santa Marcelina Hospital

IntroductionCarcinoid tumors are neuroendocrine malignancies that originate in the neuroectodermal cells of the Amine, Peptide Uptake and Decarboxylation system dispersed in the gastrointestinal mucosa and representing about 80–88% of tumors of cecal appendix. These are tumors usually diagnosed at appendectomies, and it is estimated that from each 100 appendectomies yearly performed, at least one case is a neuroendocrine tumor. ObjectivesTo report the experience of an University Teaching Hospital in health and reference at the east side of São Paulo and great São Paulo in cases of these rare appendicular tumors, with emphasis on the importance of these descriptions, as probably are rare those surgeons in particular who will acquire extensive wisdom in these cases. MethodRetrospective analysis of 237 patients who underwent appendectomy from September 2010 to September 2012 in the Hospital Santa Marcelina-SP. We evaluated data on age, gender, initial clinical presentation and surgical findings of patients undergoing appendectomy with subsequent anatomic and immunopathological diagnosis of carcinoid tumor of cecal appendix. ResultsThe presence of a carcinoid tumor of the appendix was observed in 5 patients, which corresponds to 2.1% of all appendectomies performed. Regarding gender, 4 patients (80%) were female and the average age was 34.2 years, with a range from 17 to 68 years. In all patients the initial hypothesis for surgery indication was acute appendicitis, with an intraoperative finding of necroperforated phase acute appendicitis in 3 patients (60%). ConclusionThe therapeutical conduct after the diagnosis of carcinoid tumors of the appendix must be based on the data provided by pathological and immunohistochemical studies, besides the judicious judgment of the attending physician.

How do lay judges make their judicial judgment? From the perspective of individual and group judgment

How do lay judges make their judicial judgment? From the perspective of individual and group judgment

Criminal appellants’ claims and appellate courts’ answers: An empirical analysis of criminal appeals in Hunan province, China

To date, studies (especially empirical studies) on China criminal appeals are still rather limited, and most of them focused on the review mode, functions and values of appellate review, and correction of judicial judgments of the first instance. Based on 444 judicial documents rendered by appellate courts in Hunan Province, China, this study focuses on grounds raised by appellants and appellate courts’ answers, and addresses two specific questions: (1) what are grounds raised by criminal appellants in their appeals and how successful are they (measured by acceptance by appellate courts)? (2) How do appellate courts come to the final disposition decision, and are their dispositions subject to influences of systematic factors? Our analyses found that the nature of a comprehensive review in criminal appeals and discretional power possessed by Chinese judges affected both defendants’ appeals and appellate judges’ responses. Only three variables (the number of grounds accepted by appellate courts, the number new mitigating factors found by the courts, and the presence of attorneys) were found to have significantly impacted the final disposition. This empirical inquiry sheds light on the practice of criminal appeals in general.

Evaluation of Recent Judicial Judgements on Private Investment Projects of Municipalities

Evaluation of Recent Judicial Judgements on Private Investment Projects of Municipalities

公司收购中企业社会责任问题

对公司收购施以社会责任之要求，事实上构成了对公司收购的一种阻碍，这与长久以来立法将公司收购市场作为公司治理的重要机制之一，促进公司收购市场发展，发挥其增进资本流动和管理层经营效率等作用的宗旨却有所背离。目前各国纷纷效仿的英美公司收购立法，对于公司收购中社会责任的价值判断，体现于对不同利益冲突的具体权衡之中，其核心是在公司和股东利益与利益相关者利益之间寻求平衡点。我国近年来有关公司立法一方面强化了公司和股东利益保护，另一方面，也引入了公司社会责任的理念。我国对公司目标的定位与美国相同，但又采纳了英国股东单独决定收购要约的模式，实际免除了管理层对利益相关者的信托义务。实践中对于国有股权、产业发展、经济安全和“民族品牌”的保护尤为重视，为利益相关者采取收购防御措施的很少，通过非法律途径的居多，内部人控制严重问题与国有资产管理体制的缺陷结合起来，实际演变成目标公司董事会与收购者之争。建议增加管理层的话语权、强化管理层的信托责任并借鉴西方成熟的司法规则，减少公司收购中不规范的利益诉求方式。Considering CSR is a kind of block in company takeover, CSR as a common tool of takeover defense in practice deviates from the legal aim to promote company takeover market and takes advantage of its function in company governance. Nowadays, company takeover law in USA and UK are fol-lowed by most countries to help finding the value of CSR and balancing different interests in judicial judgment. In recent years, China’s company legislation drew into CSR while intensifying the protection of company and shareholders, and learned both from USA and UK in company takeover aim and decision model, which in fact excused the management from duties for stakeholders. In China’s practice, it was paid more attention in protecting state owned shares, industry development, economic safe and national brands, and less in takeover defense for stakeholders through legal ways. Inner control and problems in system of state owned assets, triggered the fighting between the board of directors in target company and the acquirer. It is proposed to increase the power of management in company takeover and consolidate their duties for stakeholder to decrease the nonstandard claims in company takeovers.

Assessment of the standard forensic procedure for the evaluation of psychological injury in intimate-partner violence.

In judicial terms, a victim refers to any person who has suffered injury arising from an action or omission of an action that constitutes an offence, and the burden of proof lies with the prosecution. A review of Spanish judicial judgements underscored that the lack of evidence of psychological injury in cases of intimate-partner violence (IPV) accounted for approximately 40% of acquittals. Thus, the Spanish standard of proof for the forensic evaluation of psychological injury i.e., the MMPI-2 and the unstructured interview were assessed in order to determine if they met the statutory requirement for the assessment of psychological injury and the differential diagnosis of feigning. The results of the comparison of 51 women victims of IPV with firm convictions against their aggressors, and 54 women mock victims of IPV showed that the F, K, Fb, Fp and Ds scales, and the F-K index discriminated significantly and with medium and large effect sizes, between adjudicated and mock victims. However, the results did not provide a valid decision criterion for forensic settings i.e., false negatives (identifying feigner as honest protocols) were not classified correctly. In conclusion, the standard forensic procedure for the evaluation of psychological injury in cases of IPV did not constitute valid proof for judges who acquitted defendants on the grounds of not proven due to the lack of evidence of psychological injury.

دور محكمة العدل الدولية في تفسير وتطوير نظام المسؤولية الدولية والحقوق المتصلة بها

The international court of justice had its important role and contribution in interpreting and developing the system of international responsibility through its judicial judgments in international cases and disputes (between states) and through advisory opinions issued by the court under demand of certain organs of the united nations and certain specialized international organizations and from the court decisions (opinions, judgments) our conclusions have been drawn.

The European Arrest Warrant: Latvian Experience of Application

The European arrest warrant (EAW) is a request by a judicial authority in one of the Member States of the EU to arrest a person in another Member State and to surrender that person to the former state for the purpose of prosecuting or executing a custodial sentence or detention order. It was adopted by the Council of the European Union on 13 June 2002. EAW is based on the principle of mutual recognition to foreign judicial decisions and judgments in criminal matters, simplifies and speeds up the procedure of extradition. The EAW ensures a good balance between efficiency and strict guarantees that the arrested person's fundamental rights are respected. EAW introduced innovative elements as compared with traditional extradition procedure: strict time limits, simpler procedures, no political involvement, surrender of nationals, guarantees, and grounds for refusal. EAW has been adopted along with the Criminal Procedure Law of Republic of Latvia on 1 October 2005. This paper comments on implementation of the EAW in the EU Member States and features some aspects of Latvian experience. DOI: 10.5901/mjss.2013.v4n11p310