Legal Authority Research Articles

Perceptions of Local and Traditional Government Leaders for Enhancing Community Development

Purpose: There are two key governance forms in Ghana, specifically traditional governance and democratic governance. Accelerating development in the local communities requires effective collaboration and the fusion of the two governances divide to harness the unique capabilities and opportunities embedded within each paradigm. The perceptions hold by local and traditional leaders about each other is fundamental to collaborative efforts. Such perceptions speak to the psychosocial, convictional and behaviour of local leaders. Methodology: This study through a field survey samples the views of two leadership divide about each other in terms of their ability to drive positive change in the community to drive accelerated community development. The study was conducted among three select districts specifically, the Accra Metropolis, Kumasi Metropolis and the Tamale Metropolis using key informant interviews, and focus group discussions to gather the data. The data was analysed using thematic analysis. Findings: The findings of the study indicated that there are shared perceptions of strengths of both systems of governance for developing local communities. The traditional leaders are seen to be strong on cultural legitimacy, moral authority, communication competence, and historical knowledge, all of which helps in social mobilization within the local communities. The local government leaders were found to exercise strength in the areas of access to money and resources, legal authority, and enforcement authority. Unique Contribution to Theory, Practice and Policy: We conclude that there are opportunities to harness each of these strengths such that a successful fusion of local and traditional systems of government will lead transformative leadership for sustainable local development.

Tax Compliance Non-Prosecution: Logical Foundations, Application Review, and Integrated Pathways—A Perspective from the Greater Bay Area in China

Compliance non-prosecution serves as a criminal incentive mechanism aimed at encouraging private enterprises to strengthen internal management and prevent criminal conduct, representing a proactive response to modernizing crime governance centered on cooperative justice. As a significant economic engine, the Greater Bay Area in China would benefit from an integrated tax compliance criminal system to support tax compliance within enterprises involved in legal disputes, promoting their sustainable development. Given the unique characteristics of tax-related cases, the Greater Bay Area should establish a tax compliance criminal procedure led jointly by legal and prosecutorial authorities. This procedure should categorize cases by severity into discretionary non-prosecution and conditional non-prosecution, thus creating a unified standard that integrates governance and prevention in tax compliance rectification. Additionally, an interconnected tax compliance cooperation mechanism should be established within the Greater Bay Area. Such unified regulations on tax compliance non-prosecution would strengthen collaboration in tax enforcement, enhance the standardization, fairness, and transparency of criminal tax compliance procedures, and ultimately improve both enforcement efficiency and judicial authority.

Global Perspectives on Women’s Empowerment: Challenges, Policies, and Case Studies

Enhancing women's social, economic, political, and legal authority to guarantee equal rights and opportunities in all areas of life is the goal of the multifaceted notion of women empowerment. This overview examines the global history, present state, and potential futures of women's empowerment. It explores the historical background, tracking the movement's origins and emphasising significant turning points in the path to gender equality. The review highlights important obstacles that impede the advancement of women's empowerment, including cultural norms, economic impediments, and political resistance, by examining worldwide trends and regional variances. It also covers how international institutions and policies—like the Sustainable Development Goals of the United Nations—affect the advancement of gender equality. Additionally, case studies of effective empowerment programmes are included in the study to show how focused interventions can result in profound transformation. This analysis concludes by highlighting the significance of a comprehensive and inclusive strategy for women's empowerment and by promoting ongoing efforts at the individual, group, and institutional levels to build a more just and equitable society for all.

Rethinking Security Paradigms in the Face of External Backlash: A Case Study in Private Security

Premises security is essential for organizations to function efficiently and effectively. The sanctity of space and its associated perimeter not only signals a boundary for outsiders but also serves as a second home for organizational members. These members cannot meet organizational requirements if they are constantly on guard, protecting themselves and the organization’s property. However, the gradual encroachment of industrial space by squatters, while reflecting uneven economic development, presents significant security challenges, as some inhabitants of informal settlements find pilfering and other petty crimes financially rewarding. The dominant security strategy typically involves armed guards, whose presence may act as a deterrent. However, the death of an intruder or trespasser due to a guard using his firearm has far-reaching implications due to prevailing legal doctrines and stakeholder dynamics. In India, the legal system treats death as a serious matter, out of proportion to the crime of theft, and the socio-political environment echoes this perspective. Such deaths often lead to collective protests from citizens, often in the form of a dharna or a gherao, which not only disrupts the firm’s operations but also poses a challenge to legal and administrative authorities and management. Dispersing the dharna and preventing it from escalating into a violent mob typically requires the management to negotiate compensation with the aggrieved family, alongside a commitment to legal authorities to impose strict restrictions on the use of firearms. The erosion of deterrence following such negotiations renders security guards ineffective. Their response to trespassing and pilfering is reduced to physical confrontation, attempting to evict individuals, which places guards at risk when faced with armed intruders. Our case study illustrates how an organization restored deterrence, and thus the sanctity of its perimeter, by incorporating attack dogs into its security strategy.

LEVERAGING ENVIRONMENTAL PERFORMANCE IN ALGERIAN ECONOMIC INSTITUTIONS FOR SUSTAINABLE DEVELOPMENT

Purpose: The study explored how environmental performance contributes to sustainable development, focusing on its role in achieving key dimensions of sustainability. Theoretical Framework: It emphasized that essential administrative tools for environmental protection are primarily found within the legal and institutional framework, which includes various national bodies established to support sustainable development. These organizations play a significant role in raising awareness, providing training, and emphasizing the importance of adhering to environmental standards through preventive, conservation, and regulatory measures, all backed by legal authority. Additionally, civil society has a crucial role in fostering environmental awareness, particularly within economic institutions. Design/Methodology/Approach: The designof the study is descriptive and analytical. Data for this study were collected from official Algerian sources. Findings: Cleaner Production this approach is a practical implementation of sustainable development, enabling greater efficiency in production while minimizing the use of raw materials and resources, all while protecting the environment.

Vector space model, term frequency-inverse document frequency with linear search, and object-relational mapping Django on hadith data search

For Muslims, the Hadith ranks as the secondary legal authority following the Quran. This research leverages hadith data to streamline the search process within the nine imams’ compendium using the vector space model (VSM) approach. The primary objective of this research is to enhance the efficiency and effectiveness of the search process within Hadith collections by implementing pre-filtering techniques. This study aims to demonstrate the potential of linear search and Django object-relational mapping (ORM) filters in reducing search times and improving retrieval performance, thereby facilitating quicker and more accurate access to relevant Hadiths. Prior studies have indicated that VSM is efficient for large data sets because it assigns weights to every term across all documents, regardless of whether they include the search keywords. Consequently, the more documents there are, the more protracted the weighting phase becomes. To address this, the current research pre-filters documents prior to weighting, utilizing linear search and Django ORM as filters. Testing on 62,169 hadiths with 20 keywords revealed that the average VSM search duration was 51 seconds. However, with the implementation of linear and Django ORM filters, the times were reduced to 7.93 and 8.41 seconds, respectively. The recall@10 rates were 79% and 78.5%, with MAP scores of 0.819 and 0.814, accordingly.

Collaborative Forensic Autopsy Documentation and Supervised Report Generation Using a Hybrid Mixed-Reality Environment and Generative AI.

Forensic investigation is a complex procedure involving experts working together to establish cause of death and report findings to legal authorities. While new technologies are being developed to provide better post-mortem imaging capabilities-including mixed-reality (MR) tools to support 3D visualisation of such data-these tools do not integrate seamlessly into their existing collaborative workflow and report authoring process, requiring extra steps, e.g. to extract imagery from the MR tool and combine with physical autopsy findings for inclusion in the report. Therefore, in this work we design and evaluate a new forensic autopsy report generation workflow and present a novel documentation system using hybrid mixed-reality approaches to integrate visualisation, voice and hand interaction, as well as collaboration and procedure recording. Our preliminary findings indicate that this approach has the potential to improve data management, aid reviewability, and thus, achieve more robust standards. Further, it potentially streamlines report generation and minimise dependency on external tools and assistance, reducing autopsy time and related costs. This system also offers significant potential for education. A free copy of this paper and all supplemental materials are available at https://osf.io/ygfzx.

‘Worthy survivors’ of domestic violence in the eyes of the Beijing courts

AbstractThis article builds on Paige Sweet's conceptualization of ‘worthy survivors’ in the United States context and adds a consideration of judicial discretion to define who were considered worthy survivors of domestic violence in the eyes of the Beijing courts in 2021 and 2022. After analysing judges’ decisions in civil judgments and civil orders, the article concludes that worthy survivors were those who described how their abusers challenged legal authorities or disturbed public order, submitted multiple external documents with a clear description of the domestic violence, or mentioned children as direct survivors of physical child abuse committed in public. By contrast, survivors with limited capacity for civil conduct (generally due to schizophrenia) were marginalized and treated as ‘unworthy’. This article contributes to our understanding by addressing how crafting stories in line with mainstream ideology in the specific society helped survivors to achieve institutional recognition.

Azərbaycan Respublikasının Prokurorluğunun hüquqi statusu, vəziyyəti və inkişaf perspektivləri (prosessual aspektdə)

The prosecutor's office in the Republic of Azerbaijan is the basis for ensuring the rule of law and protecting the rights and interests of citizens within the framework of the country's legislation. This article aims to examine the legal situation, current conditions and future prospects of the Azerbaijani prosecutor's office, paying special attention to its procedural functions. The legal authority of the prosecutor's office is determined by the national Constitution and relevant legislation. Currently, the current state of the prosecutor's office is characterized by a number of challenges and opportunities. It should be noted that the prosecutor's office in Azerbaijan plays an important role in the legal system of the country. The prosecutor's office contributes to the rule of law and the protection of the rights and interests of citizens by solving the problems encountered and using the opportunities that have arisen. Keywords: Republic of Azerbaijan, prosecution, procedural aspect, ınvestigation, court procedures, legal status, rule of law, ınternational standards.

Legal Consequences of Authentic Deed with False Identity Against Notary

Given the very important role of Notaries in upholding justice and truth in society, everyone who participates in law enforcement is obliged to carry out their duties with integrity and devotion, thus raising the degree of the Notary profession to a noble level (officium nobile). This can lead to increasingly complex and challenging tasks amidst the increasingly intense competition between Notaries, which in turn causes some Notaries to be less careful in carrying out their official obligations. The rapid changes in society are accompanied by the increasing need for Notary services, especially in the midst of globalization. People need Notary services in order to carry out their legal obligations, especially in the framework of civil law, where the implementation of a legal action depends on the existence of supporting documents such as letters or documents. This deed is often made by a Notary in the form of an original deed, so that it has more legal weight because of its official and legal existence. Notaries are public officials who have the authority to make Deeds and other legal authorities, as stated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Offices. In Indonesia, the legal system is very important to resolve various disputes between the government and the community. Another indication that legal certainty has been guaranteed is the stipulation or legalization of a contract by a Notary. The purpose of this normative legal research is to examine laws and regulations relating to the position and duties of Notaries in society

Power and Controversy: Controversy surrounding Material Challenges at a Public Library

This case study investigates material challenges in a public library system, a growing concern in the United States due to the politicization of topics like gender, sexuality, and race. Material challenges involve requests to remove or restrict library materials, with reported cases skyrocketing to 1,247 in 2023. These challenges not only create public controversy but also highlight disagreements within public library governance. In most cases, governance involves librarians, a board of trustees, and community members, but little research has explored disagreements among these actors. This study examines a specific public library system experiencing controversy around material challenges, focusing on the distribution and exercise of power among different actors. Data was collected through interviews, recordings, and documents, and analyzed using thematic coding, a meta-network framework, and a chronology of disagreement events. The study identifies legal authority, rights, and networks as the main resources mobilized in the controversy. Legal authority shapes the issues of disagreement, while rights and networks are used to counter this authority and influence the controversy's continuation. A model of resource mobilization in public governance controversy is proposed, highlighting the unequal distribution of legal authority due to a governance schema based on majoritarianism. Actors without legal authority use other resources to challenge this, which eventually continues the controversy. The study suggests that leveling legal authority could mitigate public controversy and contributes to understanding public library governance during disputes. It offers insights for library practitioners and community members on resolving such controversies effectively.

Transfusion-Related Acute Lung Injury

Transfusion-Related Acute Lung Injury is one of the most vital forthcoming risks that need to be addressed, assessed, diagnosed and treated. Blood transfusion save lives, but the side effects of transfusion can be really adverse and concerning. Blood transfusion helps the patient recover from severe blood loss that might lead to severe complications like cardiogenic or hypovolemic shock. Over the years, the health care industry is working on reducing the possible risk and complications of blood transfusion. Worldwide trainings are provided on safe blood transfusion practices. Blood banks are verified with legal authority and inspections are done every now and then. Transfusion-Related Acute Lung Injury is the upcoming concerning issue that needs to be familiar with all health care workers especially nurses since they are the one who keep a close monitoring of patient during the blood transfusion process. Furthermore intervention can be planned accordingly to help manage Transfusion-Related Acute Lung Injury better and treat the symptoms as soon as possible.

Reconstruction of the Position and Authority of the Honorary Council of General Election Organizers (DKPP) as a QuasiEthical Court of Election Organizers

The Honorary Council of Election Organizers (DKPP) is an institution responsible for resolving ethical violations committed by election organizers, established under the law as part of Indonesia’s election system. As a state institution, the DKPP holds the authority to examine, summon, sanction, and adjudicate such violations through a court-like process, which includes witness examination, expert testimony, verification of evidence, and the issuance of rulings. Notably, DKPP decisions are final and materially binding. The quasi-judicial nature of its proceedings, combined with the finality of its decisions, places the DKPP in a unique legal position, often referred to as a "quasi-public court." In the Constitutional Court's interpretation, the DKPP functions as an integral part of the election administration alongside the General Election Commission (KPU) and the Election Supervisory Body (Bawaslu), forming a comprehensive election organizing body. This study explores the legal status and authority of the DKPP, particularly in its role as a quasi-public court. Through normative legal research with a descriptive and prescriptive approach, using legislative, conceptual, historical, and comparative methods, the study concludes that the DKPP, as an independent auxiliary state organ, functions similarly to a general court in enforcing the code of ethics for election organizers. The final and binding nature of its decisions has significant legal implications, reinforcing the DKPP's role in maintaining electoral integrity within Indonesia’s constitutional framework.

Judicial Populism and Corruption Prosecutions in the Mani Pulite Operation

Abstract I provide a new analytical framework to understand the effectiveness of corruption prosecutions in the so-called Mani Pulite (Clean Hands) operation by showing how this operation was rooted in a populist interpretation of criminal rules and criminal procedure. The Clean Hands operation represented a successful breakthrough against the vast and complex corruption system that had sustained Italian politics for decades. I show that prosecutors in the Clean Hands operation interpreted legal rules through the lens of a deep-seated hostility between a vague conglomerate of “corrupt elites” and “virtuous citizens.” This populist interpretation of criminal and procedural rules introduced significant legal innovations that empowered judicial actors against systemic corruption by creating unprecedented incentives for defendants to cooperate with legal authorities. Consequently, the judicial professionals leading the Clean Hands operation also felt the need to shield themselves against retaliation for the use of these novel approaches to corruption prosecution by bringing their fight before the court of public opinion. To this end, the Clean Hands prosecutors made use of targeted media interventions to rally public support around their investigation and protect their work from political interference.

La gestión fiscal como presupuesto sustantivo y procesal de la responsabilidad fiscal

The concept of fiscal management is a presupposition of fiscal responsibility, and only to the extent that there is a conjunction between the conduct deployed by the agent (public or private) based on a constitutional, legal (in a material sense), statutory, regulatory or contractual competence or authorization, as the case may be, to administer or manage public assets, and the element of damage, the competence of the Fiscal Control Body to legitimately and validly promote the fiscal action through the correlative process will arise. Therefore, correctly identifying its content and legal structure is a task of capital importance that concerns, on the one hand, the legitimacy and institutional validity of the actions of the Comptroller’s Office and, on the other hand, the principle of legal certainty, in the sense that this guarantee of certainty and objective foreseeability is projected on the conduct of individuals (as eventual passive subjects of the fiscal action), in terms of equality, good faith, legitimate trust and, of course, under the iusfundamental plexus of due process (principles of legality and natural judge, among others). In this sense, an analysis of the fiscal management will be presented, which will allow us to unravel its configuration as a principle and rule of positive law, and as a transversal concept in fiscal responsibility, and the process itself, as well as its projection in the field of individuals, all by way of an interpretative statement, and in a context of legal reality.

Legal Authority and Marital Identity: A Study on the Kalosara Tradition of the Tolaki People in Southeast Sulawesi

For the Tolaki indigenous people, a marriage is considered valid when it is conducted in accordance with the kalosara tradition. This signifies that the legitimacy of marriage among the Tolaki people of Southeast Sulawesi is not determined by adherence to Islamic law or state regulations, but by the observance of the kalosara customary practice. This study seeks to explore the kalosara tradition as the prevailing authority in the marriage law of the Tolaki community in Southeast Sulawesi, and to analyze the perspectives of Islamic law through the concepts of ‘urf and maṣlaḥa mursala in relation to this tradition. Employing a qualitative research method with an empirical-normative approach, data were gathered through interviews with traditional leaders, community figures, and religious authorities. The findings of the study indicate that the kalosara tradition in Tolaki community wedding ceremonies consists of three stages: seeking permission, the proposal, and the marriage contract. The Tolaki people regard a marriage as valid only if it adheres to the kalosara tradition, establishing customary law as the dominant form of marriage law within the community. From the perspective of ‘urf, the kalosara tradition is deemed acceptable, as it fulfills the criteria of al-‘urf al-ṣaḥīḥ (good custom). Moreover, the kalosara tradition contributes to social welfare within the Tolaki community of Southeast Sulawesi. This research is expected to make a significant global contribution to the development of studies on marriage law and tradition. Furthermore, it is deserving of recognition as a valuable academic resource addressing societal legal needs concerning the practice of marriage traditions.

Evolution of the Minangkabau Inheritance System and its Relevance to Gender Justice in Islamic Law

The inheritance system in Minangkabau, known for its matrilineal lineage, offers a unique perspective on property distribution, especially when contrasted with the patrilineal structure of Islamic inheritance law. This research delves into the historical and cultural evolution of the Minangkabau inheritance system, examining how it has adapted over time due to various social, legal, and religious influences. While Minangkabau customary law (adat) traditionally prioritizes female heirs, particularly through maternal lines, Islamic inheritance law advocates a more balanced approach, emphasizing the rights of both male and female heirs based on predetermined shares. The contrast between these two systems raises important questions about gender justice and the equitable distribution of wealth. Through a detailed exploration of Minangkabau customs and Islamic jurisprudence, this study investigates how these systems have coexisted and the efforts made by scholars and legal authorities to reconcile the differences. A significant focus is placed on the role of reformist thinkers within the Minangkabau community, who have sought to align local practices with the broader principles of Islamic inheritance law while preserving cultural identity. The research also examines the practical implications of these reform efforts, particularly in light of the evolving role of women in Minangkabau society and the growing calls for gender equality. The findings offer valuable insights into the potential for developing an inheritance model that respects both cultural traditions and Islamic values of justice, ultimately contributing to a broader discourse on gender equity in inheritance laws across diverse Muslim societies.

The Safavid Buffer: Co-Sectarian Rivalry in Early Modern Ottoman Diplomacy with Sunni Asia

Abstract This paper offers a new perspective on Ottoman-Safavid-Mughal relations in the early modern period by exploring the broader historical context of Swedish envoy Claes Rålamb’s report of the advice offered by the Ottoman chief mufti (the highest-ranking legal authority) to the court in 1657. Rålamb reported that the chief mufti had advised that the Ottoman court reject a Mughal offer to form a Sunni alliance against Iran and instead urged the court to protect the Shiʿi Safavids. By examining early modern inter-imperial Sunni relations in general and diplomatic exchange among these Muslim states between 1648 and 1656 in particular, this article challenges the prevailing narrative of sectarian differences driving political conflicts. I show that in the period following the Ottoman-Safavid peace treaty of 1639, the Ottomans regarded the Safavid state as a buffer polity that helped to secure their legitimacy against potential Sunni rivals in Central Asia and India. The article explores how a shared religious identity fueled rather than discouraged competition for legitimacy and supremacy among Sunni rulers in an increasingly interconnected early modern world, leading the Ottomans to align with their sectarian rivals.

Rules of succession through a focus on everyday life based on the кadiaskers’ notes of the XVII–XVIII centuries

The goal of the research is to clarify the rules of succession through a focus on everyday life in the Crimean Khanate. The relevance of the research lies in the fact that until now both individual aspects and the general everyday life of the Crimean Khanate have not been studied. In turn, this is due to the fact that the sources of the Crimean Khanate period are mostly written in the Arabic script. Much attention in the article is paid to new facts revealed during the study of the Kadiaskers’ notebooks of the XVII–XVIII centuries. An analysis of the recorded court decisions allowed us to clarify not only one aspect of the extensive legislative system, but also to imagine the everyday life in the Crimean Khanate. When writing the article, the following scientific-research methods were used: comparative-historical method, linguistic analysis method and others. The identified examples of court decisions from the Kadiaskers’ notebooks have been transliterated and translated from Arabic (the Ottoman language) into Russian, which will significantly facilitate the work for future research. During the research, it has been found out that the executive and legal authorities in the Crimean Khanate worked strictly according to the established Muslim legislative system, the Sharia laws. Each individual example taken and examined reveals the details of life situations and gives an opportunity to look into the everyday life of an ordinary person.

The Movement: Reproductive Health and Rights in 2024

Women’s sexual and reproductive health (SRH) encompasses several topics, including but not limited to sexual expression, pregnancy, childbirth, contraception, and diseases of the reproductive system. The use of legal authority and power, as well as political influence, have long been factors used to regulate women’s SRH. In the United States (U.S.), examples of state and national legislation have been undertaken to impact SRH and medical treatment and decision-making related to SRH. Several national and international organizations engage in sexual and reproductive health rights (SRHR) activities. The activities of these national and international organizations in SRH often include policy formulation, data collection, monitoring, reporting, and other functions. While definitions of sexual and reproductive health rights vary, there are commonalities and core issues that can be identified. These include issues related to the LGBTQ population, immigration, and reproductive health rights among minoritized groups, which are leading topics wrapped around SRHR and of debate in recent history. This article aims to discuss sexual and reproductive health in promoting population health and societal well-being, recent policy decisions impacting SRH, and the role nurses play in shaping research, practice, and policies. For this paper, sexual and reproductive health rights (SRHR) are defined as an extension of human rights relating to an individual’s autonomy, sexuality, sexual expression, reproduction, and access to information and resources on SRH. SRHR also includes freedom from violence, discrimination, and mistreatment. While a comprehensive review of these areas is beyond this article's scope, historical and recent examples are illustrated.