351 research outputs found

    The Public Performance Of Sanctions In Insolvency Cases: The Dark, Humiliating, And Ridiculous Side Of The Law Of Debt In The Italian Experience. A Historical Overview Of Shaming Practices

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    This study provides a diachronic comparative overview of how the law of debt has been applied by certain institutions in Italy. Specifically, it offers historical and comparative insights into the public performance of sanctions for insolvency through shaming and customary practices in Roman Imperial Law, in the Middle Ages, and in later periods. The first part of the essay focuses on the Roman bonorum cessio culo nudo super lapidem and on the medieval customary institution called pietra della vergogna (stone of shame), which originates from the Roman model. The second part of the essay analyzes the social function of the zecca and the pittima Veneziana during the Republic of Venice, and of the practice of lu soldate a castighe (no translation is possible). The author uses a functionalist approach to apply some arguments and concepts from the current context to this historical analysis of ancient institutions that we would now consider ridiculous. The article shows that the customary norms that play a crucial regulatory role in online interactions today can also be applied to the public square in the past. One of these tools is shaming. As is the case in contemporary online settings, in the public square in historic periods, shaming practices were used to enforce the rules of civility in a given community. Such practices can be seen as virtuous when they are intended for use as a tool to pursue positive change in forces entrenched in the culture, and thus to address social wrongs considered outside the reach of the law, or to address human rights abuses

    Childcare and Criminality: Representations of Baby Farming 1834-1908

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    Baby farming, defined as the rearing of children for others in exchange for payment, had long been in practice across Britain before the term was coined in 1867. However, from the mid-nineteenth century, such arrangements came under increasing scrutiny as a small number of criminal cases emphasised concerns as to the commercialisation of maternal labour. This thesis presents an interdisciplinary study of the changing representations of the trade, both within Manchester newspapers (namely the Manchester Guardian and Courier) and within nineteenth-century literature. It is structured chronologically, with each chapter covering significant cases within each period. The representation of these crimes, both within novels and a rapidly expanding and sensational press, built upon and contributed to pejorative conceptions of the trade, as it became widely associated with child neglect and infanticide

    The adequacy of the ex post armed attack framework of the Jus Ad Bellum in relation to the evolving means and methods of warfare

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    Jus ad bellum, the international law on the use of force, comprises rules that, by and large, predate many game-changing milestones in the evolution of warfare. The drafters of the 1945 United Nations Charter, the quintessential text of this body of law, could not have foreseen the advent of the matchlessly destructive nuclear arms, the creation of the fifth domain of warfare (cyberspace) or, for that matter, the precipitous surge in the incidence and gravity of asymmetric conflicts. That being the case, states and scholars have long been locked in a disagreement over how, if at all, to adjust the relevant norms to the changes on the battlefield. The present thesis offers a critical perspective on the adaptive shortcomings of the jus ad bellum, focusing specifically on the ex post armed attack framework of the right to self-defence, i.e. the precepts that regulate the use of force against ongoing and concluded offensives. The said framework separates lawful self-defence from the unequivocally unlawful armed reprisals. While deceptively straightforward on the surface, the self-defence/reprisal dichotomy is confounded by the lack of academic consensus on the distinguishing markers of the two doctrines. Cognizant of the ambiguity at play, this project poses a two-pronged research question: what are the contemporary parameters of the ex post armed attack framework, and do they adequately accommodate the post-1945 means and methods of warfare? To answer the first half of the query, the present study composes a comprehensive picture of the post-1945 state practice and opinio juris, thereby revealing the ever-elusive line between self-defence and armed reprisals. The resulting output is a unique three-step methodology for the identification of armed reprisals, a tool that is then used as a benchmark for the second contribution to the scholarship, that is, the assessment of whether the legal status quo is reconcilable with modern threats and challenges. The conclusion reached is that, whilst reprisals continue to be illegal, some of their historically exclusive features have, owing to the unprecedented innovation in warfare, been transposed into the doctrine of self-defence. As regards the law’s effectiveness at keeping up with the practical realities, the present thesis finds that, although the jus ad bellum has come a long way in adapting to its operational environment, there remain significant deficiencies in its regulation of, most notably, cyber-attacks and safe havens for non-state aggressors

    The effect of illicit financial flows on Zimbabwe's economic growth and development

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    This study examines the effect of Illicit Financial Flows (IFFs) and capital flight on Zimbabwe’s economic growth and development. The study data covered the period 1980-2020 applying the Autoregressive Distributed Lag (ARDL) regression model to assess the relationship between IFFs and capital flight and Zimbabwe’s economic growth and development. Most empirical studies on developing countries show that in both the short and long run, IFFs and capital flight not only reduce the revenue base of the economy but its multiplier effects result in a negative significant relationship between economic growth and development. This supports the continued call for policymakers and government to develop effective policies and continue to have intergovernmental and bilateral engagements to share knowledge and information to deter and control these activities. Unless these activities are controlled, most developing countries will have revenue shortfalls that will have to be funded from Other Donor Assistance (ODA), AID and loans. The study used two ARDL models to assess the impact of GDP and Manufacturing output to assess the impact. GDP and Manufacturing output have been chosen as the proxies of economic growth. Data showed that capital flight had a positive coefficient relationship with GDP in the long run. It was statistically significant and capital flight also had a negative and insignificant effect on manufacturing output during the period 1980-2020. Thus, Zimbabwe should effectively engage in policies and measures that identify and deter IFFs and capital flight activities because the multiplier effects of the activities have a negative impact on economic growth and development. The continued depletion of state resources discredits the objectives of the government to achieve the 2030 Millennium Development Goals. Government expenditure in nonproductive sectors must be avoided, instead, priority must be given to sectors that attract investors and stimulate economic growth and development.Thesis (MA) -- Faculty of business and economic sciences, 202

    Rhoda: ‘Comrade Kadalie, You Are Out of Order!

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    This authorized biography was made possible through the gracious help of my mother-in-law, Rhoda Kadalie, who provided generous access to her files, letters, photographs, and extensive library of documents. She made time to sit with me for several hours of interviews from September through October 2021, to answer questions as they arose, and to offer innumerable clarifications. Rhoda also reviewed the first draft of the biography in December 2021, making corrections and additions, and contributing some of her own original vignettes, never before published

    The effect of illicit financial flows on Zimbabwe's economic growth and development

    Get PDF
    This study examines the effect of Illicit Financial Flows (IFFs) and capital flight on Zimbabwe’s economic growth and development. The study data covered the period 1980-2020 applying the Autoregressive Distributed Lag (ARDL) regression model to assess the relationship between IFFs and capital flight and Zimbabwe’s economic growth and development. Most empirical studies on developing countries show that in both the short and long run, IFFs and capital flight not only reduce the revenue base of the economy but its multiplier effects result in a negative significant relationship between economic growth and development. This supports the continued call for policymakers and government to develop effective policies and continue to have intergovernmental and bilateral engagements to share knowledge and information to deter and control these activities. Unless these activities are controlled, most developing countries will have revenue shortfalls that will have to be funded from Other Donor Assistance (ODA), AID and loans. The study used two ARDL models to assess the impact of GDP and Manufacturing output to assess the impact. GDP and Manufacturing output have been chosen as the proxies of economic growth. Data showed that capital flight had a positive coefficient relationship with GDP in the long run. It was statistically significant and capital flight also had a negative and insignificant effect on manufacturing output during the period 1980-2020. Thus, Zimbabwe should effectively engage in policies and measures that identify and deter IFFs and capital flight activities because the multiplier effects of the activities have a negative impact on economic growth and development. The continued depletion of state resources discredits the objectives of the government to achieve the 2030 Millennium Development Goals. Government expenditure in nonproductive sectors must be avoided, instead, priority must be given to sectors that attract investors and stimulate economic growth and development.Thesis (MA) -- Faculty of business and economic sciences, 202

    An exploration of virtual criminal investigations in Ghana : legal issues and challenges

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    The widespread cybercrime has caused changes and brought about a need for new investigative skills, laws and enforcement procedures to attack these obstacles. Since technological crimes committed through the information superhighway or the internet is evolving very rapidly, efficacious enforcement of cybercrime is becoming extremely challenging. Cybercrime is both a national and international issue and local legislation alone cannot be able to combat the menace. Digital evidence permeates every aspect of the average person's life in today's society and no matter what you are doing these days, a digital footprint is probably being created and contains some type of digital evidence that can be recovered through digital forensic investigation It requires stringent laws, skilled personnel, well-established institutions, and transnational response. To efficaciously combat cybercrime, countries, states or governments must establish an independent anti-cybercrime unit and design national guidelines for digital evidence collections to combat the canker. This thesis, therefore, presents an examination of the virtual crime or cybercrime investigation challenges and legal issues on electronic evidence in Ghana. The study examines the existing cybercrime laws and practices in Ghana and makes a comparative study from other jurisdictions. Also, the study draws a survey from the international legal framework on cybercrime and electronic evidence on various methods and procedures that can be used to conduct digital forensic search and seizure of electronic evidence and investigation when cybercrimes occur. Recommendations were made which include formulation of stringent laws, establishing the national Cybercrime investigation Strategy and policies, the establishment of national guidelines for digital evidence collections, develop anti-cybercrime tool-kit for the collection of digital evidence, the establishment of digital forensic training institutions in all regions of Ghana for hands-on skilled based training for law enforcement officers and judges to ensure efficiency in the process of digital forensic investigation and prosecution of cybercrimes in Ghana are given.Police PracticeD. Phil. (Criminal Justice

    A human rights-based approach to the prosecution of sexual crime: victims and prosecutorial decision-making

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    The key to the successful reform of the criminal justice response to sexual crime lies in understanding the structural position of victims within the criminal process and the role that they play in criminal justice decision-making. This thesis accordingly confronts the conflicting narratives of progressive law reform and stymied delivery in the investigation and prosecution of sexual crime in Scotland. It explores the structural barriers to the effective integration of victims’ interests into the criminal process and frames the entrenched, systemic challenges in meeting victims’ justice needs as a human rights issue. By combining a review of legislative and policy developments in Scotland with indepth interviews with Advocates Depute and other specialist sexual offence prosecutors, it explores the victim’s current role in criminal justice decisionmaking and what, in terms of Scotland’s legal and constitutional commitment to human rights norms, that role ought to be. Ultimately, this thesis advances a principled framework for integrating victims’ substantive and procedural justice needs into the criminal process and proposes a human rights-based approach to prosecutorial decision-making in sexual offence cases. By re-positioning victims of sexual crime, not as tools in the prosecutor’s case, but rather as rights-bearers – respected individuals with a legitimate, legal interest in the process and the decisions that are taken – it argues that much can be done to improve the criminal justice response to sexual crime, while at the same time future proofing the justice system from Convention rights-based challenges in years to come

    The International Handbook of Social Enterprise Law

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    This open-access book brings together international experts who shed new light on the status of social enterprises, benefit corporations and other purpose-driven companies. The respective chapters take a multidisciplinary approach (combining law, philosophy, history, sociology and economics) and provide valuable insights on fostering social entrepreneurship and advancing the common good. In recent years, we have witnessed a significant shift of how business activities are conducted, mainly through the rise of social enterprises. In an effort to target social problems at their roots, social entrepreneurs create organizations that bring transformative social changes by considering, among others, ethical, social, and environmental factors. A variety of social enterprise models are emerging internationally and are proving their vitality and importance. But what does the term “social enterprise” mean? What are its roots? And how does it work in practice within the legal framework of any country? This handbook attempts to answer these questions from a theoretical, historical, and comparative perspective, bringing together 44 contributions written by 71 expert researchers and practitioners in this field. The first part provides an overview of the social enterprise movement, its evolution, and the different forms entities can take to meet global challenges, overcoming the limits of what governments and states can do. The second part focuses on the emergence of benefit corporations and the growing importance of sustainability and societal values, while also analyzing their different legal forms and adaptation to their regulatory environment. In turn, the last part presents the status quo of purpose-driven companies in 36 developed and emerging economies worldwide. This handbook offers food for thought and guidance for everyone interested in this field. It will benefit practitioners and decision-makers involved in social and community organizations, as well as in international development and, more generally speaking, social sciences and economics
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