ijcs
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Abstract: The ongoing changes in the legal map of the world reflect the interaction of legal systems. These processes inevitably affect the scope of activities of the judicial authorities associated with such a phenomenon as judicial law. The authors of the article take a narrow approach to understanding it. It implies the manifestation of judicial law as judicial practice and judicial precedents. The relevance of the topic is due to the fact that the phenomenon of judicial law goes beyond the limits of a single legal family, which implies its comparative legal research. At the same time, an important direction of such activity is the study of the development of this law associated with the processes of continuity. The objective of the study is to identify the concept and features of continuity in the development of judicial law. To do this, the authors formulated the following tasks: identify the concept and signs of continuity within the framework of legal development; disclose the peculiarities of understanding judicial law; determine the characteristic features of continuity in the development of judicial precedents; characterize continuity in the evolution of judicial practice. The conducted research is based on a dialectically understood model of continuity. This assumes the use of a systemic paradigm associated with a constellation of different methods, such as comparative, structural-functional, etc. The results allowed the authors to determine the trends and prospects for the development of judicial law within the framework of certain legal spaces. The authors of the article believe it advisable to use these results in subsequent research on this topic. Keywords: Continuity, judicial law, legal system, legal family, judicial practice, judicial precedent. |
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Abstract: This paper arose from very serious concern emanating from the skyrocketed cases of recidivistic occurrences in Nigeria which as observed impact negatively on the Nigerian prison reformatory and rehabilitation processes vis-à-vis the security of lives and property. It is common now in Nigeria that our prison population keeps increasing without the corresponding facilities, manpower, and resources to effectively and efficiently reform inmates that after release would be better law-abiding and self-sustaining. From the study, it was revealed that ex-offenders become more hardened and daring, and prefer to habituate the prison environment to outside society. The lack and absence of training tools like mechanic workshops, tailoring shops, and more saddening the cruelty meted out on them inside the prison makes it worse; the stigmatization and outright denial of job opportunities as compared to their counterparts who are not ex-offenders are offensive to them. The study recommends as follows: Government should equip all correctional facilities in Nigeria with the approved international standards that through it inmates, after release, can be meaningfully engaged and be relatively self-sustaining; The government through its agencies like National Orientation Agency, federal radio, and television in conjunction with the religious bodies, sensitize the public on the danger of stigmatizing ex-convicts because it has far-reaching consequences; With the help of social workers, there should be follow-up and an evaluative scheme that requires an ex-offender constantly be monitored to prevent reoffending; and Schools should be established in the prisons and properly funded by the government to help to functionally educate and reshape the minds of the inmates so that upon release they will be better citizens. Keywords: Prison, Recidivism, Ex-offender, Reformation, Ex-convict, Inmates. |
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Abstract: This research is the result criminology study on corruption culture of abusing the office and power involved the political elite and state officials in case of 'papa asking the stock’ related to the extension of mining contract of PT. Freeport Indonesia. This research is based on the concept of corruption culture, criminological theories and views of some economic and political observers. The research findings revealed the existence of corruption culture on political crime agreement scenario in case of “Papa Asking The Stock” that are provoking the extension of concentrates export license, diversion of issues and political lobbying to suppress stock divestment and smelter development. The nature of social structures and socio-cultural situations, responses to social situations and relationships with the perpetrators affecting individuals and groups crime behavior. A previous social culture behavior encourages learning in behavior at the society afterwards. State creates the crime laws to protect and maintain its power. The perpetrators rationalize the criminal act on securing and save their interests. Rationalization of corruption culture on the case of ‘papa asking the stocks’ bring forth the law de-penalization mitigating and generating a verdict not guilty to the perpetrators. Corruption culture identical with crime organized state or state crimes against democracy Keywords: Corruption culture, white-collar crime, political crime, crime behavior, social structure. |
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Abstract: Young delinquents in Italy are seldom convicted in jail: in the most cases they stay within little communities (less than ten guests) where social workers give them some educational opportunities. The paper is concerned with some experiences made with such boys, aiming to put them in a situation where they could try a different relation with rules: they usually come indeed from a social marginal environment, where rules (namely the ones accepted in central society and enforced by law) are generally refused; here two experiences are examined: a regular job within a big manufactory (electrical household appliances), as well as a practical sailing course with participation to a big final regatta, where the boys have had a positive relation with rules, namely the ones necessary to achieve the goals connected with the experience. From a theoretical point of view, such experiences could give a new perspective on the classical concept of “discipline” proposed by Foucault, putting it in relation with the Marcuse’s theory of “necessary/additional repression”. Keywords: Clinical Sociology, Social Marginality, Cultural Patterns, Discipline, Rules.Download Full Article |
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Abstract: The true extent and nature of trafficking in persons in Australia remains a mystery despite wild speculations about the scale of this problem. This article aims to dispel some of the confusion surrounding trafficking in persons by examining the claims made about the prevalence of this offence and displacing many of the myths about the number of victims in Australia. This involves an analysis of the Australian Government’s approach to data collection and a critical examination of the data provided by non-official sources, especially non-governmental organisations and advocacy groups. The article also investigates the ‘dark figure’ of trafficking in persons in Australia and concludes by developing recommendations to measure trafficking in persons in Australia more accurately and by offering directions for further research in this field. Keywords: Trafficking in persons, Australia, dark figure of crime, trafficked persons.Download Full Article |