Unfair Law Research Articles

Мораль и право в философии Фомы Аквинского

The article is devoted to the analysis of the interaction of value – forms of human existence – morality and law in the teachings of Thomas Aquinas. The author demonstrates that in his philosophical and legal doctrine the medieval theologian recognized the naturalness and necessity for people of social life, the aim of which is the common good. Based on the review and analysis of the classification of laws in the teachings of Thomas Aqui-nas, the article concludes that the basis of law for Aquinas is reason, not will and coercion, because the funda-mental desire for virtue is embedded in human nature. Compliance with the laws established by the state is for Aquinas a moral rather than a physical imperative. It is shown that the morality or immorality of a person’s ac-tions is not determined by rewards and punishments. In conclusion, the author ascertains that the separation of law from justice and morality leads to tyranny – the worst possible form of government, from the philosopher’s point of view. According to Thomas Aquinas, just human laws are binding; unfair laws are not laws.

GENDER BIAS AND THE LAW: A CRITICAL STUDY OF THE WANDERING FALCON

This research is an explorative study of the novel The Wandering Falcon written by Jamil Ahmad (2011). The aim of the paper is to draw the attention of the powerful elite towards the alarming effects of the unfair laws in promoting gender inequality. The text has been analyzed through the lens of post-colonialism to explore the role of unfair laws, exercised over the women of tribal region, in the context of erstwhile FATA (Federally Administered Tribal Areas) Pakistan. Close reading technique has been used for data analysis to dig out the deeper meanings. The findings of the study explain that the set of laws (FCR) had gaps and was apparently biased. It is concluded that FCR, implemented in the erstwhile Fata by the British, had treated tribal women with discrimination, resulting in gender inequality.

Gender-Based Violence in Lebanon: An Analysis of the Unfair Laws

Gender-Based Violence in Lebanon: An Analysis of the Unfair Laws

Women in dombra tradition of Western Kazakhstan

The article is about the creativity and performance of women in the West Kazakhstan kuishi tradition. Ethnomusicology focuses on a topic that has not been studied in a special way, shows its relevance and role. Methods of analysis of states and the use of historical-comparative, comparative-typological, descriptive, ethnophonic systems were used in the article. The scope of the "restriction" imposed on the women's community, which originates from the Islamic religion, was used in a negative way, and at the same time, it was believed in society that the use of the concept of feminism in the wrong direction was alien to the mentality of the nation. In the pages of legends and scientific works, the names of the girls became unknown and were forgotten over time. Ways to solve the problems that arise in this context are discussed in the article. In the course of opening the topic, during the author's expedition, for the first time in the history of Kui of the XIX-XXI centuries, information about Kurish Kaliyeva was obtained, analyzed and clarified. In general, the analysis of the two directions of kuis of the Western region, the Musical and stylistic characteristics and performing skills were summed up. It is through the art of girls that an innovation (Dina style) is introduced into the kuishi tradition. Some of the touches and musical styles in the Kui school were found in the performance of these women. The music concealed the feeling of a fragile being who could not express her opinion in a two-way statement of her place in society, the unfair laws of the past, based on Kazakh customs, history and traditions. It was important that all this not only remained a legend, but was studied and turned into useful information for the growth of conscious generations in the future society.

THE IMPLEMENTATION OF PROGRESSIVE LAW AGAINST THE DEFENDANT ABILITY TO ACHIEVE SUBSTANTIVE JUSTICE

The enactment of the law in society aims to create justice, legal certainty, benefit and social empowerment for the community, to lead to the ideals of the court as a protector of society, the judge must always prioritize the 4 (four) legal objectives above in every decision he makes. This is in line with what the law is based on, namely the law for the welfare of the community. The poor are often victims of unfair law enforcement due to their ignorance of law enforcement and financial incompetence. The purpose of this study is to analyze the progressive law applied to poor defendants seeking substantive justice and to find out and analyze the state should be able to assist poor defendants in the judicial process in accordance with the rule of law principle. This research uses normative juridical method. Judges in deciding legal cases for the poor should have a progressive view, thus judges will conceptualize each article in the legislation not only as a statement about the existence of a causal (cause and effect) relationship that is straightforward according to logical law but also always contains moral substance originating from ethics and professionalism of judges.

Do discretion criteria for patent administrative law enforcement encourage innovation among firms?

The management by administrative authorities of law violations represents one of the instruments for enforcing laws in China, the other way is lawsuit. The law allows administrative discretion to achieve efficiency but may lead to unfair law enforcement. Governments’ establishing patent administrative discretion criteria can deter unfair law enforcement by guiding administrators to determine administrative penalties. As such, a quasi-experimental approach testing the discretion criteria established by provincial patent administrative authorities was used in the current study to evaluate the impact of discretion criteria on law enforcement and innovation among firms. The empirical evidence shows that patent administrative discretion criteria increase the number of patent administrative law enforcement cases and encourage firms to apply for more patents, and this impact is larger for firms in industries where the new product market is broader, patent license fees are higher, patent rights easier to be infringed upon, and R&D duration is lengthier.

Unfair Competition in the Field of Intellectual Property Rights: Analyzing Concepts, Acts of Unfair Competition and Laws

This study aims to analyze Unfair Competition in the field of Intellectual property rights. This research seeks to explore and show how the concept of unfair Competition interferes in the area of intellectual property rights. Furthermore, we have investigated how competition law and intellectual property rights interfere with each other. The research evaluates unfair competition practices in the scope of intellectual property rights, referring to specific international laws directly related to each course. Finally, it examines the regulatory system that governs these sectors. Reference is made particularly to the Chinese Anti-Unfair Competition Law and other international laws on trademark practices. As far as the study's methodology is concerned, qualitative data analysis is applicable alongside with comparative legal method for analyzing "de lege lata" and "de lege feranda" situations in a range of the concluded topic. The study finds out that Unfair Competition in the domain of Intellectual Property rights involves actions by an operator that infringe the legislation's rules, harm operators' legitimate rights and interest on the market, thereby threatening socio-economic order. The study concluded that Unfair Competition acts in the field of Intellectual Property rights (like Industrial espionage, infringement of trade secrets, trademark infringement) impede innovation, stifle, and affect Competition in the real market. And the occurrence of these Unfair Competition practices is common, even though there are existing legal frameworks that regulate this sector. The research reveals an international regulatory system such as the Paris Convention 1883, the Patent Act 1977, and the Espionage Act 1996 have specific and statutory laws that target unfair competition practices. The Chinese Anti-Unfair Competition Act 1993 forbids unfair Competition in intellectual property rights and defends operators and citizens from unfair competition practices. The study also deduces that the existing legal framework regulating this sector is practical to a small extent because these Unfair Competition Practices are still very much detectable in the trade sector. As most legal frameworks dwell on civil liabilities instead of criminal penalties, operators can easily violate the law by relying on whether they can afford the civil penalties. There are recent amendments to adjust and adapt to the evolution of patterns and daily market innovations (Example: Amendment of the Chinese Anti-Unfair Competition Law in 2003). We concluded the study by bringing in suggestions and recommendations. Qualitative research methodology applies to the following article.

Discourses in accounts of rape by sex offenders in Limpopo province, South Africa

South Africa is known for having the highest number of sexual violence cases in the world. In response to these reports, the government has declared rape as a priority crime, and various measures have been put in place to address this scourge. Despite these measures, rape statistics have continued to escalate. It is against this background that this study sought to explore accounts of sexual offences, particularly reports of rape, from a sample of sex offenders. Data were drawn from five Correctional Centres in the Limpopo province. Nineteen sex offenders were selected through a purposive sampling approach and interviewed face-to-face. Discourse analysis was used to identify and analyse the patterns of talk that sex offenders drew upon to account for their sex offences. Findings revealed that ‘blame’ was the most dominant discourse cited. The ‘rhetoric of blame’ revolved around uncontained sexual desires, sexual entitlement, absent mothers, provocative dress code by women, and unfair laws that discriminated men when they asserted their sexual power in relationships with women. Multi-sectoral intervention strategies are recommended for deconstructing blame discourses that perpetuate rape offences in South Africa.

Nieczystość w dyskusjach publicznych

Celem referatu jest omówienie nieczystości w dyskusjach publicznych, która wykracza poza dobre obyczaje językowe. Jest to forma nadużycia językowego, obniżająca publiczną przyzwoitość.W sporach publicznych nie myśli się o niej w znaczeniu religijnym, ale przede wszystkim w kontekście moralności społecznej, a w szczególności zasad moralnych.O „nieczystości” mówi się tam, gdzie dostrzega się słabość moralną człowieka, jego stan moralnie patologiczny, dno, upadek, brak umiejętności konsekwentnego kierowania się zasadami moralnymi i podporządkowania im swojego działania w sferze społecznej. Przez „nieczystość” użytkownicy języka wskazują na niemożliwość zaakceptowania krzywdy człowieka, niesprawiedliwego prawa, bezczynności wobec zła.

일제강점초기(1910~1915) 총독부재판소의 의병판결과 그 성격

Since Japan occupied Korea, they proclaimed ‘Joseon Criminal Order’ under the name of improvement of the Korean punishments which had been too strict compared to those in Japan. However, they retained some articles of ‘Criminal Law Statue’ with the rationale of the special characteristics of the Korean security situation. One of the typical articles was robbery rate. Japan assessed the old Korean law as the severe punishment while they utilized the robbery rate in ‘Criminal Law Statue’ which could oppress the remaining army raised in the cause of justice efficiently because the degree of punishment was harder than the Japanese one. With this, Japan could secure the legitimacy and treat them juridically. As a result, lots of the army were punished on charges of robbery. There were so many cases to be sentences as the robbery charges in most of the territories except for Choongchung Province. With respect to the distribution of sentences, the most common sentence was not more than 10 years of imprisonment followed by not more than 5 years of imprisonment. Death penalty which was the hardest sentence was not infrequent. To these charges by Japan, the generals of army raised in the cause of justice considered as unfair law enforcements and reacted them with a variety of ways such as legal battles to request to apply ‘rebellion’ charge rather than robbery or petty offenders since they were political group. Criminal law is enforced based on the punishment right of the nation to keep the public order and to realize public interests. Yet, Japan suppressed those who were against Japan using the criminal law by the jurisdiction they seized from the Korean occupation and used it as a tool to justify their reign, therefore, the sentences to the army raised in the cause of justice showed the violent colonization process without justification.

Addressing equity in community forestry: lessons from 20 years of implementation in Cameroon

A community forestry approach was adopted by Cameroon as a strategy to promote the sustainable management of forests, participation by local communities in forest management, and poverty alleviation. However, results have been moderate and community forestry has largely failed in achieving its initial goals. Our work, based on existing literature, uses the three inter-related dimensions of equity: distributive, procedural, and contextual to highlight the main equity challenges encountered in implementing the community forestry approach over the past 20 years in Cameroon. The main constraints to distributive equity identified include: the absence of clear benefit-sharing mechanisms and rents capture by elites, insecure tenure, and limited use rights of forest resources. Regarding the procedural dimension, we observed an exclusion of vulnerable groups, especially women, and a lack of information flow and transparency in decision-making processes. Finally, for contextual equity, the main constraints are unfair laws and regulations that give more advantages to the state and logging companies than to the local population. Moreover, poor community capacities and high transaction costs in the process of obtaining and exploiting community forests are additional constraints to contextual equity. The authors recommend a few measures to improve community forestry contribution to socioeconomic development, equity in benefit sharing, and sustainable management of forest resources. These include the need: (1) to promote transparency in community forests management with fair and gender-based policies that consider socioeconomic differences existing within and between forest communities; (2) to strengthen local community members financial and technical capacities and increase their representation and participation in decision-making structures; and (3) to set up mechanisms that guarantee existing policies are fully implemented.

Wpływ prawodawstwa okresu Polski Ludowej na przepisy prawa wyznaniowego III Rzeczypospolitej Polskiej – wybrane zagadnienia

Okres Polski Ludowej (1944-1989) nie bez przyczyny jest uznawany za czas, gdy prawo stanowiło instrument w rękach władzy, a prawa człowieka i obywatela były jedynie iluzoryczne. Specyfika prawa okresu Polski Ludowej polegała na interpretowaniu go przez pryzmat powszechnie przyjmowanej przez decydentów politycznych ideologii marksistowsko-leninowskiej. Choć wydawało się, że konstytucja z 1952 r. gwarantuje obywatelom wolność sumienia i wyznania a wspólnotom religijnym swobodę pełnienia funkcji religijnych, to przepisy szczegółowe i wykładnia konstytucji prowadziły do całkowicie odmiennych wniosków. Jednakże w pewnej części prawodawstwo lat 1944-1989 nadawało się do inkorporowania w nowe realia wolnej Polski po 1989 r. Nieraz wymagało to dokonania korekt i dostosowania go do państwa prawa, jakim stała się III Rzeczpospolita Polska, czasem wymagało odrzucenia prawa niesprawiedliwego i nie gwarantującego wskazanej w konstytucji z 1997 r. wolności sumienia i religii. Można wskazać również przepisy, które dopiero w wolnej Polsce znalazły urzeczywistnienie, w latach Polski Ludowej pozostając martwą literą prawa. Ale fakt, że nie odrzucono całości rozwiązań prawnych z lat 1944-1989 jest wyrazem woli utrzymania ciągłości prawa i dostrzeżenia pośród gąszczu aktów prawnych okresu Polski Ludowej tych, które po transformacji ustrojowej mogły pozostać aktami obowiązującymi, spełniającymi standardy państwa prawa.

Post-Apocalypse Literature in the Age of Unrelenting Borders and Refugee Crises: Merlinda Bobis and Australian Fiction

This essay analyses Filipino–Australian writer Merlinda Bobis’s novel Locust Girl: A Lovesong (2015), winner of the Christina Stead Prize for fiction, in the context of the post-apocalyptic Golden Age we are living in and the much-celebrated dystopian Australian tradition. Bobis’s novel is a futuristic political fable that describes a girl’s magical and nightmarish journey through an indeterminate border in a context of environmental and human apocalypse. It foresees ecological disasters of unprecedented dimensions and warns that the damage done to the planet and the largest part of humanity may end up being irreversible. Moreover, it tackles other truths so far exclusively denounced by realist narratives, namely, the Australian government policy on refugees. Some trauma theories, together with Mbembe’s “necropolitics” and Agamben’s notion of “bare life”, will be used to analysee the ways in which Locust Girl denounces the lethal effects of globalized undeterred capitalism and unitary and exclusive forms of nationalism, which are mainly responsible for the enforcement of unfair border laws and the inhuman treatment of refugees and asylum-seekers in the so-called “civilized” world, and in particular in Australia as one important member of the Pacific region. On the other hand, this essay also relies on Rosi Braidotti’s notion of “the posthuman” to show that Locust Girl also testifies to the power of women’s agency and transnational relationships in order to offer some hope of rebirth through suffering and love.

Autorytarne prawa naturalne? Kilka uwag o negatywnym potencjale pozytywnych idei

AUTHORITARIAN LAWS OF NATURE? SEVERAL NOTES ON THE NEGATIVE POTENTIAL OF POSITIVE CONCEPTSThe article presents authors’ reflection upon the problem of the law of nature. In the literature on the subject, there is adominant opinion that the natural law is atype of amatrix, which should be duplicated by the legislator in order to prevent unfair laws. Following the Latin maxim: “Lex iniusta non est lex” “Unfair law is not alaw”, legislator must take into account all non-specified norms of the higher order. According to the authors of this article, in the modern times the natural law rational­ism is rather apparent, and its religious foundations will not necessarily be accepted in the culturally plural [multicultural?] society.

Moral injury among Child Protection Professionals: Implications for the ethical treatment and retention of workers

This study considers any “moral injury” occurring among professionals working within the Child Protection System (CPS). Moral injury refers to the lasting psychological, spiritual and social harm caused by one's own or another's actions in high-stakes situations that transgress deeply held moral beliefs and expectations. We administered a modified version of the Moral Injury Events Scale (MIES) (Nash et al., 2013) to 38 CPS professionals. We then conducted in-depth, semi-structured, audio-recorded individual interviews with them to elaborate their responses to the MIES. Professionals' MIES scores and descriptions of their responses suggest that some professionals do experience moral injury as a result of their CPS involvement. Similar to parents involved with CPS, professionals described harm to themselves occurring through under-resourced systems, problematic professionals, unfair laws and policies, abusive parents, an adversarial system, systemic biases, harm to children by the system and poor-quality services. They also communicated feelings associated with moral injury such as anger and sadness, emotional numbing, and guilt and shame. These feelings have been reported by CPS-involved parents and are described in the existing moral injury literature. Many also described troubling, existential issues including their ability to function in an ethical and moral manner within a system they viewed as deeply flawed, and in an unsupportive working environment steeped in human misery. Nearly a third of all professionals described themselves or colleagues as actively seeking employment elsewhere. We discuss implications for the related issues of the ethical treatment and retention of professionals working within CPS.

Populist Threats to Electoral Integrity: The Year in Elections, 2016-2017

National elections for the legislature and/or the executive are held in almost all countries around the globe. This development has the potential to strengthen democracy. Yet, numerous contests suffer from electoral malpractice, whether from unfair laws, gerrymandered boundaries, restrictions on the free press, maladministration, election-related violence, ballot box fraud, or the abuse of money in politics. How widespread are these problems? For updated evidence, this report draws upon the fifth release of the Perceptions of Electoral Integrity dataset (PEI 5.0), in May 2017. This dataset compares the views of 2,709 experts who have evaluated electoral integrity in 158 countries holding 241 national elections from 1 July 2012 to 31 December 2016. Part II of the report summarizes the latest results by global region and highlights selected cases to go beyond the numbers, contrasting positive and negative practices. We focus on several elections held in 2015 and 2016 – including the UK and Iceland in Western Europe, the United States in the Americas, Australia and the Philippines in Asia Pacific, Russia and Lithuania in Central and Eastern Europe, Iran and Syria in the MENA region, and The Gambia and Gabon in Sub-Saharan Africa. Part III examines two major challenges – electoral corruption and coercion. The EIP project has developed new measures to monitor the extent of these problems – where they occur and what conditions these malpractices commonly undermine electoral integrity. Are these techniques of carrots and sticks deployed separately – or are they combined? More systematic evidence about these problems can provide insights about how best to target reforms and what policies have proved most effective. Part IV focuses on populist threats to electoral integrity. We first compare several recent European elections to see whether contemporary support for populist parties is rising or stalled, including in the Netherlands, France, the United Kingdom, and Germany. We then identify three mechanisms whereby populism threatens free and fair contests including through damaging public confidence in elections, actively undermining international standards of electoral integrity and violating electoral laws, and colluding from Russian attempts to interfere with democracy abroad. Parts V and VI provide additional reference and technical information. With this update, PEI 5.0 covers 91% of all independent nation states holding national parliamentary and presidential elections around the world, excluding micro-states (with a population below 100,000). The study provides independent assessments utilizing a rolling survey where experts assess the quality of national elections one month after the close of the polls. Based on the views of 2,709 experts, the average response rate for PEI 5.0 is 28%. The technical appendix provides full details about the reliability and validity of the dataset.

Potensi Konflik dalam Relasi Penjeratan Hutang di Masyarakat Nelayan: Studi Kasus Relasi Bakul dan Langgan di Desa Gebang Mekar Kabupaten Cirebon

Debt bondage is a relation pattern between Bakul (the capital owner) and Langgan (fishers who are indebted to Bakul) in Gebang Mekar Village, Cirebon District. This debt bondage are imperishable because the lack of Langgan’s ability to pay their debt to Bakul; while Bakul as the capital owner has power to determine the price of fish and other fisheries products, where the fishers have obligation to sell their harvest to their Bakul. Yet, Bakul’s price is lower than the market price. As a result, to increase the fishers’ profit, they sold their harvest to other Bakul; this behavior is potentially raised a conflict between fishers and their Bakul also among Bakul. Study of Criminology explained the relation between the powerful and the powerless in making law in their favor. Unfair law has encouraged the powerless to breaking the law, and creating conflict. In this article, initially, the lack of fishers’ welfare related to the role of the state will be reviewed; next, the criminology theories which explain about violation and the causes of conflict will be outlined; furthermore, the relation between Bakul and Langgan in Gebang Mekar Village, Cirebon District will be described; lastly, potential conflict that arise because of Bakul and Langgan relation will be analyzed with criminology theories.Keywords: Conflict, social Relation, Fishery Community.

Obligatoriedad de la ley humana y leyes puramente penales en Domingo de Soto y Francisco Suárez

Resumen La pregunta de si la ley humana obliga en conciencia tiene un lugar central en la filosofía jurídica de la Escolástica española, en particular, en los escritos de Domingo de Soto y de Francisco Suárez. Soto y Suárez —que marcan, respectivamente, el inicio y el fin de la Escolástica salmantina del siglo XVI— construyen su teoría de la ley humana en torno a una suerte de deber general de obediencia del derecho, indicando que hay casos en que incluso se deben cumplir los mandatos de la ley injusta. En este contexto, me he propuesto examinar la teoría general de Soto y de Suárez sobre la fuerza obligatoria de la ley humana y me refiero a dos aplicaciones de esta teoría: la cuestión de las leyes meramente penales y el problema de la obligatoriedad de la ley injusta.

Derecho injusto : fórmula de universalización y derechos humanos.

En virtud de sus condiciones de aplicabilidad, las normas de los sistemas jurídicos pueden ser tildadas, como inválidas o no vigentes. Por otro lado, el calificativo injusto para las normas, los sistemas jurídicos y políticos se ha vuelto un elemento de calificación externa, pues, dada la potencial ambigüedad del término "justicia", se evitó su uso para no incurrir en subjetivismos, debido a los principios de legalidad y seguridad jurídica. Sin embargo, la historia de los sistemas jurídicos, apegados a una cultura política y jurídica, ha demostrado la existencia de regulaciones jurídicas en extremo injustas. Con una metodología analítica, sintética y pragmática, desde el tipo de investigación que amerita la Filosofía del Derecho, se analizará la fórmula del Derecho extremadamente injusto y se examinará la forma de generalizarla a partir de la pretensión de universalidad de los derechos humanos.

In Memoriam: George Chen, Katie Cooper, James Cheng-Yuan Hong, Christopher Michaels-Martinez, Weihan “David” Wang, Veronika Weiss

Claudine Michel delivered the following address to a group of faculty, staff, and teaching assistants at the University of California, Santa Barbara, on May 28, 2014, five days after six students were killed by a gunman. These remarks were also published in the Santa Barbara Independent on June 8, 2014, under the title Lessons in Grieving. Gone with the wind. These were a mother's words during the memorial at Harder Stadium.I speak today with a heavy heart. As our Academic Senate Chair Kum-Kum Bhavnani said yesterday at the beautiful memorial, these were OUR children. Young lives cut short. Lives shattered, dreams deferred, families broken, communities in mourning, promises unfulfilled. As educators, their dreams are our dreams. Their accomplishments are our rewards. Tragedies like these leave us questioning, searching, grieving. We mourn our students. We mourn our children. Twice in my career, I was called to speak at students' funerals. That is not the normal order of things. These deaths hurt.I speak to you today primarily as someone who has spent 30 years in the classroom but also as a student affairs officer who more than ever understands the complex realities that our young students face in a world that is not always kind, in a world that is not always just or inclusive. In a world that divides, in a world that has lost some of its humanity. In a world where some of our young people carry guns and seek to destroy.As educators, it is our duty to probe not only these societal ills but also the very conditions that create those situations that would not be too hard to fix if we work hard enough to make our planet more humane, more just. Misogyny, hatred in various forms, injustice, fractured families, greed, racism, racial profiling, unfair laws, the rise of the prison-industrial complex, land and border disputes, homophobia, religious intolerance, moral decadence, and dispirited societies are the enemies, not our youth. These societal ills create the kind of young people who do not respect lives. This is what we ought to combat, as this will save the next generations.Let us reenter our classrooms with a renewed sense of purpose and resolve, let us create a new world that will honor Katie Cooper, Veronika Weiss, Weihan David Wang, Christopher Michaels-Martinez, George Chen, and James Cheng-Yuan Hong, their blood, and the sacrifice of their young lives.I feel very strongly about the tragic events of the past week. Young deaths were frequent occurrences when I was growing up. I come from Haiti, a country that has suffered injustice, violence, imperialism-all in excess. A country where 300,000 lives were lost when the country suffered a 7.0 quake on the Richter scale-many babies and numerous youth died in a country where over 50 percent of the population is under twenty. A quake of the same magnitude in Chile, a month later, killed fewer than one hundred. Natural disasters happen; subhuman living conditions kill. As a youth in Haiti, often, three to four times a year perhaps, a student would not return to class after a weekend, taken by a fever or some other benign condition for which a few dollars to purchase medicine would have been the remedy. …