Law Society Research Articles

FORENSIC ODONTOLOGY SUSTAINABLE GOALS

The Importance of promoting Human Rights in the Recovery and Identification of Missing and Unidentified persons was presented at 9th International Dental Ethics and Law Society (IDEALS) congress in 2012 and was first introduced in May 2013 at the annual meeting of the Disaster Victim Identification (DVI) conference organized by Interpol in Lyon. Dr. Emilio Nuzzolese, participating odontologist of the Interpol Forensic Odontology working group, highlighted the need to apply the highest identification standards and Interpol guidelines to all unidentified human remains, equally in a DVI scenario as well as in a single missing and unidentified person. In 2015 these concepts also inspired the creation of an international group of odontologists from twelve Countries called ‘Forensic Odontology for Human Rights’. The group began promoting the need to protect the human rights of the dead to have a name and an identity by participating in conferences and meetings, and through publications and training at most international forensic events. The mentoring of colleagues with the goal of promoting an authentic involvement of forensic odontology in the identification process was also instigated. The continuous growth of the group, along with the need to involve forensic experts from other disciplines, led to the constitution of the Association Forensic Odontology for Human Rights (AFOHR) and the inauguration of humanitarian forensic odontology. Having become a recognized voluntary organization in the context of humanitarian forensics, in 2019 AFOHR board members discussed the steps needed to achieve the rights of having a date of birth and an identity for every deceased individual. Eight forensic odontology sustainable goals were approved: human rights of the dead; human identification action; international partnership; human forensic odontology; strong forensic odontology; human identification kit; quality age determination; dental evidence in crimes against vulnerable persons. Under the auspices of AFOHR that aim is to inspire colleagues and forensic associations to the best administration of Justice for best practices in human identification and age estimation.

Juvenile Delinquency in Semarang City: Aspects of Protection and Law Enforcement in Socio-Legal Approach

Juvenile delinquency includes all behaviors that deviate from the norms in society, status violations, and violations of criminal law. Violations of status such as running away from home, skipping school, smoking, drinking, illegal racing, and so on. Violations of this status are usually not recorded in quantity because they are not legal violations. While the so-called deviant behavior against the norm includes premarital sex among teenagers, abortion, and so on. This study aims to analyze the phenomenon of juvenile delinquency from a sociological juridical perspective in the city of Semarang. The method used in this study is a mixed method between empirical and normative studies. This method is used to answer substantially the juvenile delinquency case within the legal framework in the city of Semarang.

UK and Ireland Street Law Conference 2022 Review

The UK and Ireland Street Law Conference brings together academics, lawyers, students, and other Street Law enthusiasts to promote, support and celebrate public legal education (PLE) and the progress being made in this important field. Normally held annually, this was the first conference since the outbreak of the Covid-19 pandemic, taking place over the 7th and 8th April 2022 and hosted in Edinburgh by the Law Society of Scotland.
 The conference was centred around Street Law’s commitment and desire in helping the lay person to ‘understand their rights and responsibilities in a world full of increasingly complex and obtuse legal systems.’ The ethos of the conference was to provide a valuable resource within the PLE community for those who were present across the two-day conference and for future guidance. As students and Street Law initiators, it was gratifying to be a piece and player on the chessboard - to interact, connect and understand the multitude of approaches to teaching and learning in a Street Law context. In accordance with the principle of collaboration and to promote open education, this article aims to collate the insightful topics and discussions from the key-note sessions. This article will then move on to discuss the value of the conference from the perspective of students as well as wider stakeholders in PLE programmes. Further, we will explore how the conference could be improved moving forward with suggestions as to how students and future lawyers and/or professionals, can contribute to PLE in the future.

Weighing the Cost of Expectations that Students Complete Legal Work Experience

Having completed multiple periods of legal work experience is often regarded as ‘pseudo mandatory’ for an Australian law graduate to be competitive for professional legal positions. This article explores the implications of these expectations, at a systems level, but also individually for past and recent graduates, and current students. It does this through both an exploration of literature, and through an ‘auto-ethnography’ in which the authors’ present their own experiences of seeking legal work experience and graduate legal positions. These data sources shed new light on the costs of expectations that graduates should already have practical legal work on their CVs, which calls into question the broad encouragement of work experience by universities, legal firms, and law societies.

Meninism and Preconceived Ideology with specific Indian Dimension of Human Rights in Today’s Changing Globalized Scenario: A Critical Appraisal

Men and Women both are an integral part of nature and integrant with each and another for wholeness to ensure the existence and survival of this human life in contrary time also for revitalization and revival in this mortal world. When time is changed then human conduct also changes consequently some women are abusing the law against men resultantly human rights of men are being violated very seriously in the gravest manner which is the contravention of life, personal liberty and security of men. The deprivation and endanger of life, personal liberty and security of men is in very plight conditions under exceptions in India. To prevent the abuses of law, preconceived ideology, predefined consequences against men in the protection of human rights to secure ends of justice for men is now need of hour and necessity. This research paper deals with human rights of men in today’s changing scenario. It has specially been emphasized on the preconceived ideology of people against men on this basis the discrimination and decision are taken prejudicially. Some laws also are in existence due to this preconceived ideology which is not justified in today’s changing globalized world under rule of law and democratic society, subjecting to exceptions. This preconceived ideology and its predefined consequences against men are inconsistent with and in derogation of human rights, abridging and taking away the rights of men. It reveals the Quantum of doctrine of protective discrimination for women against men, bearing in mind the principle of reasonable classification. When any person says or justifies that the particular thing is right or wrong, the same is stated on the basis of foundation root or quantum of knowledge of that person thereby the person has the understanding and sensibility accordingly and consequently, the person acts. But this research article does not include misogyny. It is not against the feminism. The history gives the evidences about the untold sorrow of women for the contravention of their human rights. This research article also is in favour of women empowerment and women human rights but no innocent men be sentenced. Everyone has inherent human rights by birth including human rights of men. Human rights for men are also available as per laws in today’s changing globalized world.

Legal Ethics for Government Lawyers: Confronting Doctrinal Gaps

Despite the recent growth in the Canadian literature on legal ethics for government lawyers, the leading conceptual models have yet to be applied to resolve many of the most important legal questions facing government lawyers. In this article, I identify four key situations where the obligations of government lawyers as lawyers appear to clash with their obligations as public servants. I provide both a doctrinal analysis of how the current law applies in those situations and proposals for how the law can be clarified and improved. This analysis both provides much needed guidance to government lawyers and promotes a greater understanding by law societies as regulators, as well as other key stakeholders, of the unique challenges facing government lawyers and the need for legislative and regulatory reform.

NILAI PRAGMATIS MASYARAKAT PAPUA DALAM TRADISI LISAN INSOS DAN KONAYO

The title of this research is Papuan’s Pragmatic value in folklore Insos and Konayo. It is based on some factors, those are preservation effort to protect Papuan Folklore that becomes marginalized, to protect the identity of the owner, to protect culture treasure of the nation, to preserve it to be a local wisdom media. This research aims to describe Papuan’s ideology that contains pragmatics value in verbal prose Insos and Konayo. This is a content analysis of qualitative research. Verbal folklore and literature pragmatics are theories used in this research. Based on the result of the analysis concluded that the Papuan keep tightly their traditions. Those traditions contain massage and promises from their ancestors. The traditions contain sacral values that ties their society in customary law, natural law, and social law. Verbal tradition preservation reflects love feeling and thanksgiving to their ancestors. The pragmatic value that contains in Insos and Konayo is education value that shows the obedience to the customary law. The function of education value in both of the stories is to become a self-introspection tool. Breaking a customary law can risk themself or can risk the lawbreaker rule. Customary low preservation is the key to create peace and balance life in the world.

Ecclesiastical Law Society Conference: ‘Accidents of Ecclesiastical Governance – Past, Present and Future?’

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PENGAKUAN DAN PERLINDUNGAN HUKUM TERHADAP HAK-HAK TRADISIONAL MASYARAKAT HUKUM ADAT DAYAK MA’ANYAN DI KECAMATAN AWANG KABUPATEN BARITO TIMUR

The purpose of this research is to study and analyze The Traditional Rights of the Ma’anyan Dayak Indigenous Society in Awang Sub Regency East Barito Regency which has not yet acquired recognition and protection and Analyzing The Legal Recognition and Protection of the Ma’anyan Dayak Indigenous Law Society when there is an event of legal actions occurs. This Research is Empirical Research which obtained through legal identification (Oral) in form of habits that are still valid in the Ma’ayan Dayak Indigenous Society unit in Awang Sub Regency East Barito Regency which is then analyzed using an objective and relevant theory about The Traditional Rights Indigenous Law Society, therefore accurate results can be discovered about types of rights analyze The Traditional Rights of the Ma’anyan Dayak Indigenous Society in Awang Sub Regency East Barito Regency which must be given recognition and protection. This Research concludes that The Traditional Rights of the Ma’anyan Dayak Indigenous Society in Awang Sub Regency have not been protected since the regional government of east barito regency until now has not implemented and follow up The Minister of Affairs Regulation Number 52 of 2014 and from the Decree the Governor of Central Kalimantan Number 188.44/360/2020 about establishment the Central Kalimantan Province. Legally, there has been legal recognition of the indigenous law society and traditional rights attached to The Traditional Rights of the Ma’anyan Dayak Indigenous Society in Awang Sub Regency, which is Article 18 B paragraph (1) of the 1945 Constitution, however, there has not been further regulated in form of legislation and the desired legal recognition is not just de jure, limited to limited verbal legal recognition which coming first from the indigenous society itself and the surrounding society, but demand on embodiment in the true sense. Therefore when there is an event of legal actions occurring over The Traditional Rights of the Ma’anyan Dayak Indigenous Society prefers to resolve legal actions outside the court with their mechanism to resolve legal actions that occur in their territory according to the customary law through deliberation and consensus. Therefore, the Regional Government of East Barito Regency is expected to form a regional regulation as legal protection for protecting the rights of indigenous society in the various development process, the rights of indigenous society are not ignored.

İzmir’in İşgaline Tepki Olarak Gönderilen Telgraflar Üzerine Değerlendirme

This study investigates the telegraphs that were sent to the Istanbul government, the delegates of Entente States (Allies), the Assembly of Notables, press organizations, President Wilson, the presidencies of Müdafaa-i Hukuk Cemiyeti [Defense Law Society], Redd-i İlhak Cemiyeti [Refusal of Annex Society], and to the other public authorities in Istanbul to determine how the content of these missives expressed the thoughts and feelings experienced by the entire nation two months into the occupation of Izmir. To achieve this aim, the study examines the social status of the people who sent the telegraphs, the distribution of the governmental departments from which the telegraphs were sent, and the topics of the telegraphs, determines the prevalence of the places from which the telegraphs were sent within the current borders of Turkey and the social representation level of the telegraphs, and finally, identifies whether the government or the people were the sources of reaction. During the period in question, it is known that the middle-class was at the helm of organizing the War of Independence and that for two months, sixty demonstrations were held, later rising in number to somewhere between five hundred and a thousand. In identifying the main focus of the social reactions and thereby, the bases of the War of Independence, it was seen that the widespread social reaction, where making sacrifices and being possessed of a sense of unity were key elements, contributed to securing victory.

THE FOUR-YEAR LLB PROGRAMME AND THE EXPECTATIONS OF LAW STUDENTS AT THE UNIVERSITY OF KWAZULU-NATAL AND NELSON MANDELA METROPOLITAN UNIVERSITY: SOME PRELIMINARY RESULTS FROM A SURVEY

After the 1994 elections the Ministry of Justice convened several legal forums to deal with the legislative and other changes required to make the transition from minority rule to a broad-based democracy. The forums examined different aspects of legal practice, legal qualifications and legal education (see for instance, Ministry of Justice Legal Forum on Legal Education: Proceedings (1995)). The legal education forums were attended by the law deans of all the law faculties in the country. By 1997 there was agreement by the deans – albeit reluctantly by some – that the Baccalaureus Legum (LLB) degree in South Africa should be modified from a three-year postgraduate to a four-year undergraduate programme (McQuoid-Mason “Developing the Law Curriculum to Meet the Needs of the 21st Century Practitioner: A South African Perspective” 2004 Obiter 101). The deans made a number of recommendations regarding the new law curriculum, but there was no mandatory uniform law curriculum requirement. Each university had the freedom to decide what it should include in its programme. The deans only made recommendations – their suggestions were not binding (McQuoid-Mason “Message from the Chairperson of the Board of Control, Durban School” Law Society of South Africa and University of Natal School for Legal Practice: Commemorative Brochure 1994-1998 (1998) 14-15; and cf Iya “The Legal System and Legal Education in South Africa: Past Influences and Current Challenges” 2001 Journal of Legal Education 355). The deans reached consensus that the new law degree should take into account that: South African law exists in and applies to a pluralistic society; students should acquire skills appropriate to the practice of law during the course of their degree; and law faculties should strive to inculcate ethical values into their students. In addition to the traditional core courses taught in the three-year LLB programme the deans recommended that a number of new skills courses should be introduced. The decision as to which courses should be included in the curriculum was left to individual law faculties (McQuoid-Mason 2004 Obiter 101).

Poverty and Justice: From The Poverty Of Law To The Rigth Of Poverty

The law, understood as the set of rules that organizes life in a given society (objectivemeaning) and recognizes the prerogatives of the members of the said society or subjects of law (subjective meaning), is incapable of effectively fighting against poverty. Indeed, the law seems to be powerless against this social fact, or even scourge, to the point that it displays sometimes contradictory attitudes to it, crystallising in a shifting legal categorisation. Fortunately, it is not resigned: it perpetually reinvents ‘stratagems’tending to establish an artificial equality between the members of the community and protect the weakest or most vulnerable among them. Justice is one of the social sectors where the interaction between ‘law and ‘poverty’ is particularly evident. While it is true that poverty can be a barrier to access to justice, the restriction of the right to access to justice reinforces or leads to poverty. This contribution is based on a historio-epistemo-comparative approach: it first used the exegetical method to analyze the scope and basis of the legal framework of poverty and its implication on access to justice, before resorting to the comparative and historical method in order to identify the origin of the solutions proposed by Congolese law on the issue in relation to the Belgian and French systems with which it has close sociological links. The study thus demonstrates the difficulty that developing countries, particularly the Democratic Republic of Congo, have in meeting this challenge, both in the field of adult justice and in that of juvenile justice, where the problem is more acute, especially from a different position.

Mathias Rohe. Das islamische Recht - Geschichte und Gegenwart. München: C. H. Beck , 3.Baskı, 2011, 612 p.

Eserin müellifi Mathias Rohe Alman bir hukukçu ve İslam araştırmacısıdır. Erlangen-Nürnberg şehrinin Friedrich-Alexander-Üniversitesi’nde Medeni Hukuk, Uluslararası Özel Hukuk ve Mukayeseli Hukuk kürsüsü başkanı olan yazar EZIRE’nin (Avrupa’da İslam ve Hukuk Erlangen Merkezi) direktörü ve GAIR’nin (Arap ve İslam Hukuku Topluluğu) kurucu üyesidir. 2001 ile 2007 yılları arasında Nürnberg Eyalet Mahkemesinde hakimlik görevini ifa etmiştir. 2006 ile 2009 yılları arasında Almanya İçişleri Bakanlığı tarafından Müslüman toplum temsilcileri ve entelektüelleriyle yürütülen “Alman İslam Konferansı”nın (Deutsche Islamkonferenz DIK) üyeliğini yapmıştır. 2018 yılında Ankara Üniversitesi tarafından kültür ve ülkeler arası diyaloğa katkılarından ötürü fahri doktora unvanına layık görülmüştür.

Youth Policy of Kazakhstan in the Conditions of the State Political Transformation

In the context of the political transformation of Kazakhstan, the issue of youth policy is justified by the trends in the formation of the rule of law and civil society. The fact is that these trends are not possible without regulating the political passivity and apolitical youth. It should be noted that the political activity of Kazakh youth is haphazard, besides, most of them are indifferent to changes in the political sphere. In addition, the phenomenon of quasi-liberalism, widespread in modern social networks, is becoming a destabilizing factor in the political system. All this hinders the establishment and development of feedback between the state and youth. In this regard, the strategic importance of the state youth policy as the main regulatory mechanism of the relationship between the state and youth is very high. The authors put forward the concept of the development of ideological concepts, in addition to its socio-economic orientation. It is also noted how important the place of social networks is in carrying out ideological work among young people.

Evaluation of police activity as an indicator of public safety: the experience of empirical research in Ukraine

The ability of a society for sustainable development is determined by its ability to maintain and develop the parameters of life within the security corridor not least under the condition of continuous action of both internal and external factors. The connection between the activities of law enforcement agencies and the sustainability development of socio-territorial communities is obvious since the leading mission of the police is to prevent the constantly growing threats associated with various kinds of offenses. It is well known that the development of public opinion is an integral part of the rule of law and civil society. In the context of active reformation of law enforcement agencies, empirical sociological studies play the role of a measurer of efficiency, a barometer of public trust. The leading task of sociologists is to establish a two-way communication with the population whose security should be ensured by law enforcement officials. The article summarizes the experience of existing empirical sociological research of public opinion on the evaluation of the formation of a new methodology and methods of evaluating the effectiveness of the police. The authors of the article note that to date, considerable research experience has been accumulated, a base of empirical research has been formed to study the effectiveness of the national police, but there is still some methodological and methodological inconsistency. Researchers point to the appropriateness of using the in-depth interview method of the police officers themselves, conducting a focus group and expert evaluation.

Constitutional Struggle in Sri Lanka

Sri Lanka has alternated between authoritarian politics and constitutional democracy over the past 70 years. For 25 years after independence, the country functioned as a constitutional democracy with regular elections and power alternating between the two main political parties. Since 1972, political elites have used constitution-making as a method of consolidating their hold on political power. In 2015, the 19th Amendment to the Constitution trimmed the powers of the President and provided for a balanced form of power-sharing between executive and legislature. It enhanced the independence of the courts and the fourth-branch institutions. However, these gains were reversed by the 20th Amendment, passed in 2020. Against the backdrop of an intense competition for political power and the manipulation of constitutions to retain power, this contribution discusses three recurring sites of constitutional struggle and debate in Sri Lanka: struggles over presidentialism, power-sharing and the place of Buddhism in the constitution. This paper contends that a return to constitutional democracy will require, at a minimum, a revisitation of the first two issues, even if the third — the place of Buddhism — remains untouched. The paper concludes by arguing that while all three constitutional struggles have a different historical trajectory and different dynamics, they are all part of a larger struggle — the struggle to transform Sri Lanka from a Buddhist-majoritarian state into a plural, multi-ethnic and multi-religious society in law and in practice.

What Makes Good Statute Law: A Judge’s View

I wish to start with a few words about Lord Renton, to whose memory the Annual Lecture of the Statute Law Society is dedicated. Then I will provide some background by describing the three informative experiences which I have had in my career, and which have enabled me to see aspects of the legislative process not normally seen by judges. All that is by way of introduction. I then move to my main theme. What makes good statute law includes the ease with which statutes can be understood, interpreted, and applied by judges. That benefits the whole of society. So, I will discuss three topics the study of which has improved my understanding of statute law. They are the role of policy, the availability of pre-legislative and Parliamentary material, and the limitations of purposive drafting. In my view, these three topics have an important role to play in the practical...

Keberadaan Tindak Pidana Perzinaan dalam Koridor Pembaharuan Hukum Pidana

Custom is the reflection of personality and is one of the reflections of nation soul from century to century. Every nation in the world has its own custom which is not similar from one another, depending on the on the place and the time. This difference is the most important aspect as the identity of a nation. As always happens in the society, there have been many social conflicts in the society of indigenous law because of the violate of the law done by someone or a group of people. The situation will be normal again if the person violate the law has been given indigenous sanction or punishment. Those indigenous violations are mainly caused by the conflicts with what here been agreed together, and which solution has been authorized to the indigoneous institution.

50 Years of Safeguarding – 950 Years of Clergy Discipline: Where do we go from here?

This article is based on an Ecclesiastical Law Society London Lecture delivered on 17 November 2021. It builds on a previous lecture entitled ‘Safeguarding in church and state over the last 50 years: “from Ball and Banks to Beech via Bell”’, which also formed the basis of an article published in this Journal in 2020. That article, among other things, identified a number of significant cases of sexual abuse by clergy which were/are the subject of ‘lessons learned’ reviews and concluded by suggesting how investigation and fact-finding might take place in the future, independent of the bishops, but under the supervision of a ‘judge’, and argued that effective risk assessments could only be based on findings of fact. The author was subsequently asked to chair a working party for the Ecclesiastical Law Society aimed at addressing how the Clergy Disciplinary Measure 2003 (‘CDM’) should be reformed. This article now deals with events that have occurred since, from the publication of the Independent Inquiry into Child Sex Abuse (IICSA)'s investigative reports into the Anglican Church (inter alia), the Lambeth group's proposals for reform of the CDM, through to General Synod's responses to both sets of recommendations. It also surveys in some detail the approach the church has taken to the assessment of risk within its safeguarding policy in recent years, as well as its historical approach to clergy discipline. The article concludes by drawing some threads together as a result of the author's own work and research into these two subjects over the past two years, and finishes by suggesting some possible directions in which the church ought now to move.

Confiscation of unlawfully acquired assets, with special emphasis on Kosovo

The subject of this study is confiscation of unlawfully acquired assets’, with special focus on Kosovo. The study centers in handling of the notion and types of confiscation, purpose of confiscation, confiscation decision making authorities’, confiscation procedure and administration of confiscated assets. Moreover, this study presents and elaborates few pertinent data on confiscation of assets and highlights some challenges, problems, and advantages of the confiscation institute. The results of this study confirm that confiscation of assets in Kosovo impacted directly in fighting and dismantling of few organized criminal groups and activities, however, there are yet multiple tasks to be completed, few of which are rather challenging. Further in this study are prescribed the activities of Courts and other relevant institutions in Kosovo related with confiscation of unlawfully acquired assets, in addition there are specific measures prescribed to promote their effectivity in this matter while addressing the requirements of the law and Kosovo society in overall. For purposes of this paper were used legal, comparative, descriptive, case study and statistical methods.