Law And Justice Research Articles

Newspeak revisited: an analysis of selected aspects of PiS speeches concerning the 2019 Polish parliamentary election

The study aims to examine the parliamentary campaign discourse of politicians of PiS(Prawo i Sprawiedliwość, lit. Law and Justice), the main right-wing Polish party, witha view to determining whether their language displays some similarities with PolishNewspeak used in the era of Communism. The research corpus consists of public statementsof the most important PiS politicians delivered in the election campaign from Juneto October 2019. The research material comes from a plethora of online media sources,especially records of PiS conventions and from online newspapers. The selected textsunderwent close scrutiny and stylistic analysis. This allowed for determining the patternsof Newspeak employed in this right-wing party parliamentary campaign.

Legal reality: due and existing in law (socio-philosophical analysis)

The article demonstrates the reflection problems in the law of due and existing as legal reality components. The justice concept as a legal category is revealed in the moral assessment context in law and legal regulation in the present and the future. The research purpose is to generalize scientific knowledge and theories that reveal the due and existing law as legal reality factors. By using general and special research methods, the analysis and generalization of scientific material are carried out, consideration of various approaches to understanding justice in law and identifying the role of justice in understanding what exists and should be in law. The article illustrates and considers different points of view and scientific positions of scientists-philosophers and theoreticians-jurists in the research field of the correlation problems of “due” and “existing” in the modern society law in the formation context of legal reality. The research result is the consideration of the due and existing in law as phenomena that determine legal reality as legal reality in combination with political reality and social justice, which acts as the main criterion that determines the essence and social law purpose. Justice is considered the main condition for the existence of modern society and the state. The problems of defining the basic legal justice principles as social justice part, designed to ensure the recognition of law and legal regulation as the main values of the modern legal society, are highlighted. Through legal justice, an understanding of the “proper” and “existing” in law is formed, which constitutes legal reality as a philosophical and legal phenomenon.

Keadilan Dalam Perspektif Islam: Dinamika dan Realitas

The highest form of goodness or virtue is justice. Islam places a high priority on justice. Since the dawn of thought in humans, justice has been perceived as the primary issue. Because justice in law is frequently defined in terms of interests, the formulation of justice in law is extremely important. In contrast, according to Islamic law, justice is always connected to the divine, specifically in the context of human relationships with God and other people. A viewpoint that connects justice and truth is shown by the way Islamic reasoning about law and justice is constructed. Islam's approach to justice differs from that of the Sunni, Shia, and Khawarij groupings in terms of its dynamics. According to the Sunni perspective, the caliphate is essential for the community's survival as well as for putting the law into practice. The Shia believe that an infallible imam encompasses both inner and outside spiritual and physical leadership in addition to being a leader in Islamic law. The Khawarij, on the other hand, are supporters of a school of thought that, at the start of the Islamic era, was at odds with both Sunni and Shi'a ideologies.

Semantic Analysis: The Fair in Surah an-Nisa, verses 3 and 129

Justice has a general meaning and has a special meaning, including justice in society, justice in law, justice in finance, and justice in human rights. The concept of justice, which is the second principle after monotheism includes justice in various relationships, namely the relationship between the individual and himself, the relationship between the individual and humans and society, the relationship between the individual and the judge and those who own the case, and the relationship between the parties relevant. Islamic justice is comprehensive and includes economic, social, and political justice. A pattern of life that shows love, help, and a sense of responsibility, not based on a conflicting social system between one class and another as the principle of justice in Islam. The command to carry out justice finding explicitly in the Qur'an. The verses of the Qur'an command to act justly and Allah Himself makes justice the goal of government as contained in Surah An-Nisa verses 3 and 129. An-Nisa verse 3 regarding the permissibility of polygamy for husbands who have been married to carry out the requirements of being fair to the wives. If this condition cannot be fulfilled, then a man is only entitled to marry one wife only, he cannot have more or enough intercourse with his female slaves without going through the proper marriage process. Surah An-Nisa 'verse 129 talks about polygamy. However, this verse concludes that a man can never be fair in passing. The nature of 'is (fair) is a green light for a man who wants to have polygamy

Execution of justice in martial law: to the question of legislative changes

The article is devoted to the analysis of current procedural legislation, «draft-regulatory package» on the activities of courts and judges in the legal regime of martial law in order to identify and eliminate possible regulatory-procedural obstacles (gaps) in the sphere of justice. It was stated that the transfer of Ukraine to the format of military state administration led to the adoption of a number of laws in the field of justice. These laws have a «complementary», «corrective» nature, their rules are aimed at specifying, clarifying, amending or supplementing the current legal framework of the state. The inexpediency of the imperative legislative regulation of certain organizational and legal issues in the field of justice is substantiated. Territorial change of jurisdiction of court cases in case of objective necessity should be carried out on the basis of a discretionary decision of the President of the Supreme Court to another safest court, and not to the «most territorially close court» as defined by the legislator. The key here should be the security of the court, not its territorial proximity. The administration of justice by the courts under the legal regime of martial law should be carried out not only in inseparable connection with ensuring real access to justice for everyone, but also providing necessary and safe conditions for judges of the judicial system of Ukraine.
 The legislator needs to legitimize the developed project procedural developments in the field of justice in order to optimize the work of the courts of the judicial system of Ukraine during the martial law regime. Such legislative proposals to the codes of procedure concern such matters as: a) the organization and holding of meetings of judges in a state of war or emergency, including the remote participation of judges in such meetings; b) the procedure and procedure for the distribution of court cases in court in the event of an objective impossibility to apply automated determination of the composition of the court in this or that court case; c) organizational and procedural form of participation of participants in the trial in a court session by video- conference outside the court premises using their own technical means; d) the possibility of participation of judges in a court hearing remotely by videoconference using their own technical means.

IS ADMINISTRATIVE JUSTICE A PROBLEM-SOLVING OF TAX DISPUTE?

It is necessary and urgent to construct provisions regarding tax disputes in the tax court. So that the concept (law) of administrative justice is produced as a problem solving of tax disputes. This article uses a normative juridical method with a prescriptive and evaluative line of thought. Indonesia's tax disputes (including central taxes, regional taxes, and customs and excise) are significant. The percentage of decisions that partially and fully grant the disputes submitted by taxpayers is consistently above from 2014 to 2020. The proposed reform of the Tax Court Law, which shows its characteristics as a settlement of tax dispute cases and at the same time as a problem solver, among others, regulates the existence of an appeals conference or hearing and its characteristics before filing a tax dispute. The handling of applicable tax disputes is still limited to resolving dispute cases, not yet reaching a problem-solving of tax disputes. The handling of civil and criminal cases in court and arbitration has adopted the handling of case resolution and problem-solving of arguments. This will only lead to recurring problems in tax disputes, including the filing of appeals and tax claims that remain a lot, the number of beschikking which is granted partially or wholly even though it is based on the same statutory regulations, the incurrence of extra costs, and additional time for the tax-disputinguting parties. Thus, administrative justice can be considered a fair problem solver in resolving tax disputes between taxpayers and the tax authorities.

Success Stories Program

Following this year’s symposium theme of restorative justice, the UCLA Criminal Justice Law Review is proud to feature works highlighting restorative justice in action. The following pieces come from the Success Stories Program, a restorative justice program borne out California state prisons.

Success Stories Program

Following this year’s symposium theme of restorative justice, the UCLA Criminal Justice Law Review is proud to feature works highlighting restorative justice in action. The following pieces come from the Success Stories Program, a restorative justice program borne out California state prisons.

Traditional Judges and Litigants in the Facing Positive Law Justice in Cameroon: Recrimination, Backlash and Expectations

This article is in line with the problem of the conflicts between tradition and modernity on the legal-judicial level. It is based on the legal functionalist theory, which advocates, among other things, the rejection of the legal-judicial system based on positive law and the dependence of the customary system on institutional power. It answers the question of why and how indigenous litigants challenge the positive law embodied in institutional justice and questions possible reconciliations between this law and custom through paradigmatic models of judicial pluralism. This issue was identified through oral information gathered from the field, legal texts, and written sources from articles, books, reports, and dissertations. The results of the study indicate that customary laws, customary judges, and customary courts are muzzled at all levels by the principles of institutional justice based on positive law. Dissatisfied with this situation, there is a proliferation of dispute resolution offices that make use of local customs while escaping state control. The reconciliation of custom and positive law, according to the litigants and the traditional judges, requires the valorization of customary judges, the unification of customary courts with those of the law, and the confrontation of the two sources of law before any verdict.

PRECONTRACTUAL JUSTICE

ABSTRACTThis article develops a theory of just contractual relationships for a liberal society. As a liberal theory, our account is premised on liberalism's canonical commitments to self-determination and substantive equality. As a theory of contract law, it focuses on the parties’ interpersonal interactions rather than on the justice (or welfare) of the social order as a whole.Normatively, the article claims that the rules governing cases where one party experiences harsh circumstances or vulnerability during the bargaining process or operates under significant informational disadvantage must be guided by the commitment to relational justice, that is, to reciprocal respect for self-determination and substantive equality. Jurisprudentially, the article studies the systemic difficulties hindering the translation of these normative prescriptions into legal language and analyzes how they affect the form assumed by the law of precontractual justice and its institutional pedigree.

Pathways to interpersonal justice in European private law: top-down or bottom-up?

AbstractKatharina Pistor’s recent work has revealed a deep justice deficit in private law, raising fundamental questions about how it could be reduced. While Pistor favours piecemeal bottom-up solutions to instances of injustice, Martijn Hesselink proposes a more radical top-down strategy – the adoption of a progressive European code of private law. This article explores the top-down and bottom-up pathways to justice in private law, focussing on the role of interpersonal justice as justice between substantively free and equal persons in European private law. It shows that although concerns about a balance of the competing interests of private parties pervade many of its areas, they do not take central stage in European private law. The substantive private autonomy embodied in national private law systems, the regulated private autonomy enshrined in EU secondary private law and the unregulated private autonomy with an interstate element underpinning EU free movement law sit uneasily together. It is argued that in order to enhance the role of interpersonal justice in the internal market and develop a more coherent European private law, the current bottom-up pathway thereto could be complemented by a more top-down roadmap towards the EU principles of private law justice.

Dialectics of the Urgency of Reforming The Law of State Administrative Justice as a Synthesis

Dialectics of the Urgency of Reforming The Law of State Administrative Justice as a Synthesis

Juvenile delinquency and legal aspects

The prime importance of law and society is protecting and caring for the children's wellbeing and growth. At the same time, Delinquency in juveniles is a complex social problem that significantly impacts all members and processes of a social structure. Juvenile Delinquency is recognized as an illegal act committed by a minor. Delinquent behavior is a violation of the laws established within the justice system. As a result, increased attention is given to the causes of juvenile crime over the years. The paper discusses the various theories of Juvenile Delinquency, the concept of child character determination, juvenile Delinquency, its causation, the significant factors responsible, and the way out through juvenile justice laws.

Are We a Bigger Problem Than We Realize?

Abstract The impact of social media — in particular Twitter — on the field of international criminal justice cannot be overstated. Thanks to an active community of online commentators made up primarily of academics, researchers, staff of non-governmental organizations and journalists, Twitter is a vibrant place to monitor the pulse of international criminal law generally and the International Criminal Court specifically. Twitter, thus, uniquely elevates a comparatively small commentator class and amplifies their narratives about the field of international criminal justice. Yet with an apparent lack of voices from across the diverse community of practitioners, or the input of diplomats and technocrats who make the field possible, commentators may exert a disproportionate influence over public perceptions of international criminal justice. Cognisant of the stark interplay between politics and law in international criminal justice — often including powerful forces with nefarious agendas — and an abundance of individuals motivated by a desire to be seen and heard, this community may at times exhibit problematic behaviours (unwittingly or otherwise). This article dissects these issues of online communication, and argues that greater care with commentary may be the best salve to these cultural flaws in the formation of public perception.

Once again about Administrative Legal Relations

The article examines the phenomenon of administrative legal relations, analyzes the significance of this element of the mechanism of legal regulation, reveals the content of these relations, and also shows their diversity. The article also reveals three blocks of administrative legal relations – these are relations in the field of management; police relations, as well as relations related to the law of administrative justice. This approach is of a functional and substantive nature, reflecting the essence of administrative law. The author notes that the question of legal relations in general and administrative legal relations in particular is one of the most significant from the point of view of knowledge of the subject of legal regulation. This is due to the fact that the question of the subject of legal regulation is the question of the types of legal relations that fill its content. The author notes that in the doctrine of administrative law, it is no longer possible to formulate any new elements of administrative legal relations, this issue is theoretically developed and closed, nevertheless, the question of the types of administrative legal relations is not closed. The traditional approach to the definition of an administrative legal relationship is that this relationship develops in the field of public administration, but this is a very narrow approach, it does not disclose the entire content of the subject of administrative law. In addition to administrative relations, police relations and relations related to the protection and protection of citizens' rights (the law of administrative justice) find their place in the construction of the subject of administrative law. It is in this content that, according to the author, the subject of administrative law should be studied.

Synchronising Positive Law and Islamic Law Within a Justice Concept in Concurrent Elections 2024: From The Philosophical Perspective of Islamic Law

Synchronising Positive Law and Islamic Law Within a Justice Concept in Concurrent Elections 2024: From The Philosophical Perspective of Islamic Law

Protection of Law and Justice and Human Rights must be Enforced Even in Large-Scale Social Restrictions

Online media. TempoCOM. July 1, 2021. Restrictions on mobility in Java and Bali are getting more stringent. Online Law. July 4, 2021. The Advocate Profession Does Not Enter the Essential Sector, DetikNews. July 8, 2021. Metro Police Chief Promise. The Company Boss Brush Does Not Take Sides of Humanity. Supreme Court PR Announcement May 8, 2020. Circular Letter of the Secretary of the Supreme Court of the Republic of Indonesia Number 5 of 2020. Regarding Guidelines for the Implementation of Work From Home and the Imposition of Disciplinary Sentences for Judges and Apparatus within the Supreme Court of the Republic of Indonesia and the Judicial Bodies Under It During the Corona Virus Disease Community Emergency Period 2019. SINDOnews. October 24, 2020. Supreme Court. PERMA Number 4 of 2020. Date September 29, 2020, regarding the Administration and Trial of Criminal Cases in Courts Electronically. In the Indonesian Criminal Justice System: 1. Investigation: investigators together with an advocate accompanying the suspect; 2. Pre-prosecution: the public prosecutor and the judge and advocate were accompanying the defendant; 3. the judge's verdict: the judge together with the advocate accompanying the defendant; 4. After the criminal verdict: the prosecutor implements the final decision, and the advocate accompanies the defendant and officials from the state detention center or correctional institution. Detention in the Indonesian Criminal Justice System: 1. Investigation for a maximum of 60 days and or 120 days if the penalty is nine years or more; 2. The pre-prosecution is a maximum of 50 days and or 110 days if the punishment is nine years or more; 3. The pre-sentence is for a maximum of 90 days or 150 days if the sentence is nine years or more. Law Enforcers in the Indonesian Criminal Justice System: 1. Advocates as legal advisors or defenders of suspects and defendants and convicts requesting the judicial review; 2. Investigators; 3. Prosecutors; 4. Judge; 5. Officials of state land houses or correctional institutions. Instruction Letter from the Minister of Home Affairs Number 15 of 2021. On July 2, 2021, regarding the Implementation of Restrictions on Emergency Community Activities for Corona Virus Disease 2019. In the Java and Bali Regions. Cannot bind law enforcers in the Indonesian criminal justice system—Fiat Justitia Ruat Coelum (the justice law must be upheld even if the sky falls).

Strike Bans in Turkish Law Within the Scope of Ilo Norms

The right to strike is an integral part of the democratic order as one of the most basic social and economic rights. Although it is a constitutional right, it is not an unlimited right. For this reason, its recognition and protection should be the rule, and its limitation and prohibition should be the exception. The right to strike, which is among the fundamental rights and freedoms, is an economic sanction that provides workers with bargaining power against employers through unions and is used to impose their demands on the employer. ILO (International Labor Organization) norms; These are internationally accepted principles and rules in order to observe and protect the interests of employees. Basically, the ILO; It has three objectives: ensuring social justice and universal peace, improving working conditions, and ensuring international competition equality. It is known that the right to strike and the prohibitions to strike are protected under the Convention No. 87 on Freedom of Association and Protection of the Right to Organize, which Turkey also ratified in 1993. The principles adopted by the supervisory bodies of the ILO regarding the right to strike also define the action of strike, how it can be implemented and in what circumstances it can be restricted. In this context, the strike bans imposed on some services are contrary to ILO norms. The former Collective Bargaining Agreement, Strike and Lockout Law No. 2822 was criticized for its prohibitions on the right to strike, and it was stated that it violated ILO norms. Although it was stated that attention was paid to ILO norms in the general justification of Law No. 6356, which repealed this Law No. 2822, it is seen that the regulations on strike bans are not sufficient. The aim of this study is to analyzethe strike bans regulated in Turkish law within the scope of ILO norms.

Dual Nature of Law, Legal Certainty and Correctness (Justice) of Law

The article reveals the importance of combining the moral basis and the formal content in the nature of law. The practical significance of German legal philosopher Robert Alexy’s theory of the dual nature of law is investigated. Duality presupposes that law necessarily includes both real, or factual, and ideal, or critical, dimensions. The actual dimension is represented by elements of official origin and social efficiency, while the ideal dimension is expressed in the element of moral correctness. Accordingly, the thesis of the dual nature of law presupposes non-positivism. Importance is being increasingly attached to the question of the conformity of legal certainty and correctness of the content of norms, which is connected with the principle of justice, requiring that the decisions of the authorities are morally correct. The principles of legal certainty and justice can often conflict with each other. However, no principle can displace another one under any circumstances. On the contrary, the dual nature of law requires that both of these principles be applied in correct proportionality and be balanced. And this seems possible only in the political form of democratic or discursive constitutionalism. Constitutional rights and democracy are the main elements of constitutionalism. They are mandatory in the discursive theory and both are dual in nature. Positivism has the weaknesses of legal certainty (openness of language, the presence of conflicting norms, the dynamics of social life, etc.).But they become strong arguments for the protection of human dignity, rights and freedoms. It is the orientation of the right to its further humane development, to its “humanization”, based on the need to protect people based on justice, equality and freedom, that can be an argument filling the weaknesses of legal certainty. Then, and only then, the principle of formal legal certainty of the law is transformed into legal certainty as a component of the rule of law, which characterizes the stable and civilized development of the legal framework.

History and education in post-conflict Colombia

In 2005, the Colombian government implemented the Law of Justice and Peace, which is now regarded as the first step towards the so-called post-conflict era. As a result of this law, many of the armed groups that had historically defied the state’s monopoly on violence have laid down their weapons. This process has been accompanied by a politics of history aimed at creating a “new national narrative.” In this article, we analyze if these politics have been capable of strengthening Colombia’s transition to peace. Furthermore, we carry out a review of public policies in the educational sector and analyze history-related contents in some of the most widely used school textbooks.