Principles Of Duty Research Articles

Ekstensifikasi Penentuan Outsider Pada Pengungkapan Kejahatan Insider Trading di Pasar Modal Berdasarkan Pendekatan Misappropriation Theory

The paradigm used in setting insider trading in the Capital Market Law adheres to the principle of fiduciary duty. That is, conceptually, company insiders as parties entrusted to carry out company operations are obliged to exercise the trust in good faith, so that the insider is not allowed to utilize the ownership of material information to conduct securities transactions aimed at benefiting himself. The problem arises when the principle of fiduciary duty adopted by the Capital Market Law cannot disclose insider trading conducted by: (1) outsiders or tippees who obtain inside information from outsiders or other tippees and (2) outsiders or tippees who obtain material information without unlawful. This is because the burden of proof on the fiduciary duty principle is the relationship between the perpetrator and insiders in the issuer. The Capital Market Act should open up space for the use of misappropriation theory whose approach is oriented towards the ownership nature of material information as applied by Singapore. The research method used is juridical-normative using a statutory approach, a comparative approach, and a case approach. The results showed that the principle of fiduciary duty as embodied in Capital Market Law cannot reach the behavior of secondary tippees and tippees who obtain information without violating the law. Therefore, the author argues that it is necessary to extensify the outsider determination based on misappropriation theory.

Enforcing the Legal Principle of Duty of Care in Corporate Human Rights Violations and Environmental Damage Cases in Developing Countries

Corporate accountability for human rights violations in international legal systems has proven to be a watershed. This is because there are inadequacies in the existing accountability mechanisms as well as several other legal problems and factual obstacles that hinder the enforcement of human rights law and international criminal law. This is also attributed to the problematic issues that persist, particularly with respect to the following: corporate criminal liability, the extraterritorial application of law, the attribution of criminal actions to specific agents, the requirements of accountability, the difficulties of extraterritorial investigations, and obtaining sufficient evidence for human rights violations. This article examines corporate accountability in the concept of the principle of duty of care. It is argued that the duty of care principle will help breach the gap in corporate liability for human rights abuses and environmental damages. Furthermore, the article analyses the definition of accountability, the mechanism of accountability, and the components of accountability are extensively discussed. It is also observed that the legal concept of corporate accountability should include responsibility, answerability, blameworthiness, liability and sanctions. Therefore, this article examines the key elements that are required for establishing accountability for non-state actors. A diagram is used to explain the components of the various forms of accountability and how accountability creates a legal duty of care for non-state actors, such as corporations. Keywords: Accountability, Corporate, Human Rights, International Law, Duty of Care, Environmental Damages, Courts, Government, Judiciary and Society

Konflikty wartości a racjonalność praktyczna

The article deals with the problem of conflicts of values and in particular issues such as: (1) what is a conflict of values? (2) what grounds claims about the existence of such conflicts? (3) are these conflicts apparent or real? (4) how can empirical conflicts be resolved? The successive steps of the presented argumentation are a development of the following propositions: (1) a conflict of values consists in the mutual incompatibility of the realization of values of equal strength; (2) a conflict of values is in fact a conflict of duties; (3) a conflict in the first principles of duty (revealed in peculiar practical situations) comes from either (a) the adoption of different historical ethos into a normative theory, or (b) errors (inconsistencies) in the theory; (4) ways of removing conflicts of duty consist in correcting the normative theory by introducing necessary meta-principles to it. At the end of the article, the following thesis is presented: the statement about the existence of real (ontological) conflicts of duty is inconsistent with the postulate of applying practical rationality in practice.

Gender relations and social justice in Africa: Toward a duty-based approach to gender-based violence

A large and important part of social relations is gender relations between men and women. Over time, the manifestation of such relations has often been one of violence, particularly violence against women. Different approaches have been deployed to deal with the experience of gender-based violence (GBV). One popular approach is the human rights framework that suggest that GBV can be addressed by granting certain rights to women. We argue that while a human rights framework holds some promise in resolving GBV, it is limited in some ways because it does not take the cultural perceptions of gender relations that envision gender duties into account. As part of our argument, we show that social relations in African communities ought to be primarily based on the principle of duty to the other, rather than an emphasis on rights. We conclude that there is a need to complement the rights-based approach with a duty-based approach to effectively address GBV.

Exploring Collaborative Efforts Toward Promoting Better Eating Habits among Autistic Children in the United Arab Emirates.

According to the principle of duty of care, adults in the lives of children with disabilities such as autistic children are expected to promote their development. The Nutbeam's health literacy model was adopted to explore the efforts of special education teachers and parents toward promoting better eating habits among autistic children in the United Arab Emirates (UAE). Twenty-one participants, comprising fifteen special education teachers and six parents with autistic children, were examined in this study. The results indicated that some special education teachers' and parents' limited understanding of unhealthy food might impact the development of autistic children. Furthermore, the findings also highlight the lack of collaboration and communication between teachers regarding the nutrition and healthy living of autistic children. The findings have practical consequences, such as urging UAE health policymakers to provide professional development for special education instructors and parents of autistic children.

Juridical Review Invitation of General Meeting of Shareholders (GMS) at PT. Main Partner Grace (Analysis of Central Jakarta District Court Decision Number 108/Pdt.P/2014/PN.JKT.PST.)

This study uses normative legal research using statutory approaches (Statute Approach) and case approaches (Case Approach) and data collection in this study uses library research (Library Research). In this study there are 3 (three) main points of discussion. First, the summons for the General Meeting of Shareholders (GMS) by the shareholders at PT. Mitra Utama Award is in accordance with the provisions of the Limited Liability Company Law. Second, regarding the consideration of the panel of judges, it has fulfilled the principles of legal certainty and justice. Third, the legal consequences of the Board of Directors not holding a General Meeting of Shareholders and violating the fiduciary duty principle where if a loss occurs due to negligence by the Board of Directors, the Board of Directors is fully responsible personally and jointly. For this reason, it is hoped that the settlement of this case is through deliberation efforts and following the regulations in the implementing regulations of Law Number 40 of 2007 concerning Limited Liability Companies.

TANGGUNG JAWAB HUKUM DIREKSI TERHADAP KERUGIAN PERUSAHAAN DALAM PENGURUSAN PERSEROAN TERBATAS

The Board of Directors as the organ of the PT is to represent the interests of the PT as an independent legal subject. This is because PT is the cause of the existence (raison d'etre) of the board of directors, because if there is no PT, then the board of directors will never exist. The problems that will be examined are 1. Why do losses occur in the company due to the management of PT?, 2. What is the role of the Board of Directors in managing company losses in the management of a limited liability company? The research method used is normative juridical. The occurrence of losses in the management of PT is caused by froud carried out by the directors, Fraudulent Financial Reporting, Company errors, the Company does not yet have legal instruments in the form of work management. Abuse of Authority of the Board of Directors. The role of the Board of Directors on company losses in managing a limited liability company as described and described, their duties as management of the company have the authority determined and limited by: 1. Legal provisions (Law No. 40 of 2007 and other related laws); 2. Company's Articles of Association; 3. GMS (General Meeting of Shareholders); 4. The “Ultra Virres” Doctrine; 5. Fiduciary Duty Principle. A Director who acts outside the provisions and limitations above, means that he has departed from the legal principle of representation and is qualified to have committed an act of abuse of authority

“나의 미덕과 나의 의무가 허락하는 한”: 파멜라의 저항과 순종

This article challenges the critical consensus that portrays Samuel Richardson’s eponymous heroine in Pamela: Or, Virtue Rewarded (1740) as a female subject seeking resistance and independence, and that also depicts Mrs. B as one obedient to patriarchal ideology, emphasizing the contradiction between resistant Pamela and obedient Mrs. B. This study revisits discourses for the reformation of manners in the 18th century England, which tried to convert women into morally empowered agents, and reads Richardson’s novel against the backdrop of the contemporary reformation discourses that produced a list of behaviors for women based on the principles of duty and domestic virtue. Through contextualized and nuanced reading of Samuel Richardson’s conduct books and Pamela, I argue that Richardson’s writings are intimately bound to the contemporary discourse of female reform that emphasized the duty of single and married women. In this light, Pamela’s resistance and submission to Mr. B can be reappraised as belonging to the same deontological ethics rather than inconsistent attitudes. To conclude, this study assesses Pamela, like Richardson’s other novels, as a work that investigates and depicts the potential tension between the various restraints imposed on eighteenth-century women.

Introduction of food distribution in the conditions of the supply crisis before the revolution of 1917 (based on the materials of Kostroma Province)

By the end of 1916, the food issue had been escalating in the Russian Empire. The Russian government faced the need to supply not only the army, but also the provinces with consuming bread, and the civilians were hostages of the transport crisis. The fixed prices for bread introduced in September 1916 led to the restriction of market trade. An important step in the state regulation of the bread market was the unfolding of bread. The article provides an analysis of food policy before the introduction of the unfolding. The food distribution of the tsarist government was an attempt to mobilise grain resources for the needs of the army and the civilians. The peculiarity of the reform was the combination of the principle of duty and payment of the product at a fixed price. The expansion is considered both from the all-Russia positions, taking into account the experience of grain-producing provinces, and in terms of Kostroma Province, which had lack of developed agriculture. The article pays special attention to the measures of local authorities. The governor, the zemstvo, the volost peasant gatherings were not ready to complete the tasks in full. The article concludes that the food distribution in the bread-consuming province, experiencing a crisis of planned supply, could not end successfully.

Свобода, долг и нравственность в воззрениях С. И. Гессена и А. В. Вейдемана

The study aims to reveal the meaning of the concepts of freedom and duty, which are the key ones in transcendental philosophy, using a comparative analysis of S. I. Hessen’s and A. V. Veideman’s ideas as an example. The Russian philosophers’ heritage consistently addresses historical and philosophical context of the Russian neo-Kantianism formation, which is reflected in the article in involvement of the latest research in this field. Scientific novelty of the work lies in considering the concept of freedom in correlation of morality and arbitrariness, as indicated by S. I. Hessen, supplemented by A. V. Veideman’s standpoint, which sheds light on freedom by consideration of relationship between good and evil. Relevance of the comparison is accounted for by defining the meaning of the category of morality through correlation of individual freedom and the principle of duty.

Content and Application of Duty of Care Principle in the Field of Administrative Law in Latvia

The article addresses the principle of duty of care, which is identified as one of the principles of the European Union’s administrative process. First of all, the use of term ‘duty of care’ in Latvian language is analysed and shortcomings identified. The content of the duty of care principle in relation to the principle of good administration and the non-contractual liability of the state is further clarified. The article also touches upon the question of the immunity of the authorities to liability for non-compliance with the duty of care.

A Human Right to Deliberative Justification

A core principle of liberal political theory is that citizens are owed a justification for public policies. But are noncitizens owed a justification for policies when their human rights are at stake? In this article, I explain what type of justification is owed to noncitizens, and I propose a principle for when policies must be justified. I argue that noncitizens have a moral human right to an actual, deliberative justification. Unlike other approaches, deliberative justification enables noncitizens to participate in justification procedures, it empowers them to contest public policies, and it is held in independent institutions. Since a concern about noncitizen justification is that there is no compelling standard for when policies must be justified, I propose a Human Rights Duty Principle. It improves upon the coercion, democratic origin, and all-affected interests principles for when justification is required.

Salomon Maimon’s Attempt at a New Presentation of the Principle of Morality and a New Deduction of Its Reality

ABSTRACTThis essay is a translation of one of Salomon Maimon’s ethical writings, accompanied by a brief introduction. In it, Maimon proposes a correction of the Kantian moral principle of duty, as it is articulated both by Kant’s Groundwork for a Metaphysics of Morals and his Critique of Practical Reason. In particular, Maimon’s essay reveals the influence of Reinhold’s critique of Kant’s moral philosophy, especially regarding the role of incentives behind moral action. It reveals as well Maimon’s commitment to the primacy of the theoretical over the practical, drawn from his reading of Maimonides and Spinoza. The essay, therefore, marks an important moment in the development of Maimon’s assimilation of Kantian philosophy, one often neglected in scholarship on his work.

Kant, Schopenhauer, Saul Bellow: Duty in The Victim

Abstract Saul Bellow formulated his idea of duty under the influence of Kant and Schopenhauer. He introduced it first in his second novel, The Victim (1947), and later fully developed it in his seventh novel, Mr. Sammler's Planet (1970). This article examines Leventhal's principle of duty in the light of Kant's in The Critique of Pure Reason and Schopenhauer's in The World as Will and Idea. The Victim deals with the issue of Jewish assimilation in mainstream American life in the post-Holocaust period. Bellow considers the matter in a reverse order with a view to castigate both Jews and Gentiles for their chronic misapprehensions about each other. In the novel, a Jew, Asa Leventhal, behaves like a Gentile (victimizer) and a Gentile, Kirby Allbee, like a Jew (victim). Leventhal is blood conscious and therefore he dutifully helps his blood relatives. Allbee insists that Leventhal help him as a matter of his moral duty to a human being in distress. After their repeated encounters, Leventhal sheds his blood biased view of duty and becomes conscious of the Kantian/ Schopenhaurean “dispassionate” principle of duty under the “objective moral law.”

Anthropocentrism, African Metaphysical Worldview, and Animal Practices: A Reply to Kai Horsthemke

Abstract In his recently published book Animals and African Ethics, Kai Horsthemke (2015) makes two important and related claims. The first is that most African metaphysical, religious, and ethical positions and perspectives on animals are anthropocentric. Second, he states that if there are one or more principles of duties regarding other animals derivable from these positions and perspectives, they are at best “indirect duties.” In this article, I critically engage with these claims in the context of the ontological beliefs and ethical standpoints that flow from anthropocentrism, biocentrism, and ecocentrism. I argue that the African metaphysical worldview and African practices on animals are not anthropocentric. The nub of my argument is that a closer examination of African practices on animals and one dominant African metaphysical worldview—one that Horsthemke engages with in the book—presents us a different conclusion, one that suggests that the worldview and practices are conceivably biocentric or ecocentric rather than anthropocentric.

Rossian Conceptual Intuitionism

In this article I assess Rossian Intuitionism, which is the view that the Rossian Principles of Duty are self-evident. I begin by motivating and clarifying a version of the view—Rossian Conceptual Intuitionism—that hasn’t been adequately considered by Rossians. After defending it against a series of significant objections, I show that enthusiasm for Rossian Conceptual Intuitionism should be muted. Specifically, I argue that we lack sufficient reason for thinking that the Rossian Principles are self-evident, and that insisting that they are self-evident (perhaps in an attenuated sense) may commit Rossians to radically expanding the scope of self-evidence.

Evaluation study design – a pluralist approach to evidence

ABSTRACTThere is significant controversy over what counts as evidence in the evaluation of social interventions. It is increasingly common to use methodological criteria to rank evidence types in a hierarchy, with Randomised Controlled Trials (RCTs) at or near the highest level. Because of numerous challenges to a hierarchical approach, this article offers a Matrix (or typology) of evaluation evidence, which is justified by the following two lines of argument. First, a pluralist approach to evidence is defended. Starting from the principle of methodological aptness, it is argued that different types of research question are best answered by different types of study. This article will address some of the key issues in the debate on RCTs (the ethical principles of duty of care and social utility, the role of random allocation, and threats to internal validity) in respect of which two opposing paradigms provide irreconcilable arguments, namely the position that RCTs are the ‘gold standard’ and the opposing position that RCTs are often if not always inappropriate in social settings. The second line of argument is that evaluations often require both experimental and non-experimental research in tandem. In a pluralist approach, non-causal evidence is seen as a vital component in order to evaluate interventions in mixed methods studies (as part of evidence-based practice [EBP]) and also is important for good practice itself (as part of practice-based evidence [PBE]). The article concludes by providing a detailed description of what an Evaluation Evidence Matrix can and cannot do.

CP-ABE Access Control Scheme for Sensitive Data Set Constraint with Hidden Access Policy and Constraint Policy

CP-ABE (Ciphertext-Policy Attribute-Based Encryption) with hidden access control policy enables data owners to share their encrypted data using cloud storage with authorized users while keeping the access control policies blinded. However, a mechanism to prevent users from achieving successive access to a data owner’s certain number of data objects, which present a conflict of interest or whose combination thereof is sensitive, has yet to be studied. In this paper, we analyze the underlying relations among these particular data objects, introduce the concept of the sensitive data set constraint, and propose a CP-ABE access control scheme with hidden attributes for the sensitive data set constraint. This scheme incorporates extensible, partially hidden constraint policy. In our scheme, due to the separation of duty principle, the duties of enforcing the access control policy and the constraint policy are divided into two independent entities to enhance security. The hidden constraint policy provides flexibility in that the data owner can partially change the sensitive data set constraint structure after the system has been set up.

A Study on the Changes in Ethical Values of New Nursing Students

Objectives: After understanding the level of ethical values of freshmen nursing students, comparing to the previous studies,and checking the trend of changes, this study intends to suggest the direction of the future ethical education. Methods/Statistical Analysis: To understand the level of ethical values among the university students, the freshmen were selected who had no clinical experiences. The survey sheets were distributed by the investigator and collected after self-report. 192 copies were analyzed. Findings: There has been a tendency of principle of duty from the ethical values of students in the record of 86.10±8.94 (25.00˜125.00) followed by 24.02±4.59 (8.00˜40.00) in human life area, 25.39±3.98 (7.00˜35.00) in nurse-client relationship area, 20.86±2.73 (6.00˜30.00) in nurse-nursing task relationship area, and 15.82±2.35 (4.00˜20.00) in nurse-colleague relationship area. Therefore, the tendency of principle of duty been confirmed in all the areas. According to the changes in the period from ethical values, the area of human life has represented relatively upward tendency, while the nurse-client relationship area and nurse-nursing task relationship area maintained a bit upward tendency.The area of nurse-colleague relationship represented downward tendency. In the correlation of sub-categories of ethical values, the human life area and nurse-nursing task relationship area were positively related (.151 p<.05) followed by a strong positive correlation between the nurse-client relationship area and the nurse-nursing task relationship area (.397 p<.01), between the nurse-client relationship area and nurse-colleague relationship area (.508 p<.01), and between nurse-nursing task relationship area and nurse-colleague relationship area (.499 p<.01). Upon the results of ethical values differentiation by general characteristics, the significant differences were shown in religion (.043 p<.05) and satisfaction level on Nursing(.015 p<.05). Improvement/Application: According to the result of research, this study suggests the development of ethics education program through ethical cases related to an issue of life sanctity, single mothers related to artificial abortion, death with dignity, and error of medical service providers.

Современные аспекты антикоррупционного поведения сотрудников органов внутренних дел

The article deals with modern aspects of anti-corruption behavior of police officers. Unquestioning execution of governmental commitments, adherence to the principles of duty, oath of professional honor and dignity should be referred to such behavior. The author outlined the main factors that determine the relationships of corruption in the police department. Specificity of corruption in the system of internal affairs bodies is shown, which is reflected in the behavior of employees. The author assigns limitations of corruption component to control of power on the part of citizens and civil society organizations.