Contemporary Readings in Law and Social Justice

Articles from Vol. 4, No. 1, 2012

An Introduction to Ethics
An Introduction to Ethics John Deigh (University of Tens st Austin) New York: Cambridge University Press, 2010, 241 pp. ISBN 978-0-521-77597-7Deigh thinks that the main problems of ethics arise from reflection on situations in life that involve matters...
ASPECTS JURIDIQUES DANS LE THEATRE COMIQUE DU XIX^sup E^ SIECLE
ABSTRACT.In the Romanian comic theatre of the nineteenth century, placed under the direct influence of the French theatre, one of the main themes approached is the marriage. The declaration of love, the cohabitation, the marriage itself, the extramarital...
Aspects of Auditors' Personal Liability in Insolvency Procedure
ABSTRACT:The situation of auditors framed in the insolvency procedure is still atypical and urge analysis, considering the fact that auditors are not members of directory boards or supervising boards of a company; their role is restrained to control...
Athletic Morality and Aggressive Behavior
ABSTRACT.Considerable research attention has focused on athletes' social lives, the increasing economic exploitation of sports, the insidious ways in which money has perverted sports, and the moral reform of sports. Our paper contributes to the literature...
Being Creative with the Syntax of Legal Language
ABSTRACT.Creativity manifests itself in many areas of translation. Addressing the concept of creativity in legal language seems to be a real challenge that few translation theorists have taken up. Creativity in legal language has drawn the attention...
Climate Change - Humans Remain the Same (from Durban and Rio+20, of Nearly Everything)
ABSTRACT.We falsely believed, throughout the 20th century, that the nuclear holocaust will put an end to the entire human race. No! It will be a slow, nearly-unnoticed, gradual but steady construction of the global gas chamber. Has the human race already...
Communicative Functions of Smart Clothing
ABSTRACT.The mainstay of the paper is formed by an analysis of the semantic expression of smart clothes, the symbol functions of clothing and fashion, functionality of smart clothing, and the complexity and diversity of wearables. We are specifically...
Comparative Study on Self-Defense in Case of Property Violation in Other States and Romania
ABSTRACT.In all systems of law, criminal law is defense to protect social values recognized as important for social order. Thus, they may be: the state itself, its attributes (sovereignty, independence, unity, indivisibility), the person, rights and...
Considerations on the Economic and Financial Crime Investigation Phenomenon Peculiar to European Judicial Scope
ABSTRACT.The recent economic and financial crisis, with little chance of being exceeded in short term, has grown the economic and financial crime phenomenon, exceeding the national authorities due to super state institutions, structures and computerization...
Considerations regarding the Legal Interpretation of Contracts in Private International Law
ABSTRACT.The dominant principle regarding the choice of law clause in contracts governs both the conclusion of contracts, as well as the will of the parties. The aforementioned parties may express their will at their own convenience, as long as the contract's...
Considerations regarding the Legal Status of Embryo and Fetus from the Perspective of the Right to Life
ABSTRACT.The subject of the right to life is the human person, but it remains to consider whether the early stages of human existence, respectively the fetus and human embryo are also included in this category. Scientific studies have concluded that...
Controvercies and Ambiguities regarding the Clause Rebus Sic Standibus
ABSTRACT.The clause ebus sic standibus is invoked in the context of an analysis of the transformation effects regarding the territorial structure of state, with a special sending to the applicability of treaties. For this reason it is shown that territorial...
Conventions for the Avoidance of Double-Taxation. Romania Case
ABSTRACT.The international double taxation occurs when one and the same taxable object is subject to taxation in two or more states, for one and the same time period. Legal means of disposal of such conflicts on international scale are tax Conventions,...
Creative Intelligence and Its Application to Entrepreneurial Opportunity and Ethics
ABSTRACT.This paper begins with a review of major issues facing society today, observing how difficult they are to solve. After a review of the nature of the environment, introducing the concepts of relatedness and influence of time and space on innovation,...
Cross-Cultural Perspectives on the Business Dispute Resolution System in China
ABSTRACT.This paper explores the revolutionizing power of crosscultural dialogues in the context of the development of the business dispute resolution system in China. Parties may choose to arbitrate or litigate their disputes. This paper is focused...
Dealing with 'Terminological Incongruency' in Legal Language
ABSTRACT.The paper focuses on the concept of 'terminological incongruency' in legal language that has been largely debated by jurists, translation theorists, legal translators and drafters. It is meant both as a theoretical and practical study in legal...
Defining the Concept of Human Rights in the Light of Juridical Values Theory
ABSTRACT.The present study is structured in three parts: 1. the justification of the scientific approach. 2. Concept delimitation in the field of juridical values. 3. A diachronic approach to the concept of human rights and their definition in lights...
Diversification and Conflicts in Women's Roles in the Late 19th Century Society
ABSTRACT.The latter half of the 19th century in Romania was a time of unprecedented change and emancipation for women in regard to political engagement, legal status, access to higher education, and their entrance into the professions and public life....
Dynamics of Legal Vocabulary in the New Code of Criminal Procedure
ABSTRACT.Legal Semiotics includes legal linguistics and pragmatics of the legal language, reported to the Transmitter and Receiver, subject matter, acts of language, purpose, situation of communication, etc. Legal Linguistics studies legal discourse,...
Ethical Naturalism: Current Debates
Ethical Naturalism: Current Debates Susana Nuccetelli (St. Cloud State University, Minnesota) Gary Seay (Medgar Evers College, City University New York) (eds.) New York: Cambridge University Press, 2012, 262 pp. ISBN 978-0-521-19242-2Smith argues that...
European Regulations on Workers of Member States
ABSTRACT.Social security schemes in countries belonging to the European Union (EU) or the European Economic Area (EEA) are co-ordinated by Council Regulations (EEC) Nos. 1408/71 and 574/72. The aim of the regulations is to protect the acquired social...
Factors of Modelling the Legal Language from the Current Romanian Legislation
ABSTRACT.As any specialized language found in the subsidiarity of style, the Romanian legal language has undergone minor changes over time due to the authority of a tradition perceived as a routine factor. The new social headquarters require the reform...
Features and Evolution References to Personality Rights
ABSTRACT.After acquiring legal personality, any person is a holder of public and private rights, patrimonial or extra-patrimonial rights; recognizing the personality makes possible the affirmation of human rights that constitute the base of personality...
Higher Education, Corruption, and Reform
ABSTRACT.Educational corruption is problem in every country, particularly at the college and university level. With illustrations drawn from the United States, this article considers what "basic principles" should shape efforts to deter, expose, and...
History, Present and Perspectives in Democracy
ABSTRACT.The democratic forms of organization have their roots in the prestate period and have begun since the appearance of man. Some ethnographical savants claim that democracy is one of the main factors of anthropogenesis, because it has stimulated...
International Justice: Bringing the World Home through Social Justice
ABSTRACT.As the head of my university's new International Justice program, I am well placed to speak about the trials and tribulations of teaching students about global politics. Our program draws in Sociology, Justice Studies, and Political Science...
International Law regarding Enforcement Powers at Sea
ABSTRACT.The theory that we shall seek to elaborate here puts considerable emphasis on the legal situation of maritime zones in the South China Sea, the sovereignty of the coastal state over the territorial sea, the evolution of the law of the sea, and...
Kant: Groundwork of the Metaphysics of Morals
Kant: Groundwork of the Metaphysics of Morals Christine M. Korsgaard (Harvard University) (introduction) Mary Gregor (University of St. Andrews) Jens Timmermann (University of St. Andrews) (trs. & eds.) New York: Cambridge University Press, 2012,...
Kant's Critique of Practical Reason
Kant's Critique of Practical Reason Andrews Reath (University of California, Riverside) Jens Timmermann (University of St. Andrews) New York: Cambridge University Press, 2010, 226 pp. ISBN 978-0-521-89685-6Kant shows that practical reasoning is not limited...
Law, Religion and Science - Determining the Role Religion Plays in Shaping Scientific Inquiry in Constitutional Democracies - the Case of Intelligent Design1
ABSTRACT.Recently a new battle has emerged that implicates law, science and religion. The battle has focused on intelligent design (ID) and the numerous legal, philosophical, and educational concerns surrounding it. In the United States, resolution of...
Legal Language and Criminal Conversation in Medieval Society and Legends
ABSTRACT.The purpose of this paper is to explore criminal conversations as set against the background of Medieval Western Europe. During the early Middle Ages, as most noble marriages were little more than business contracts, love had begun to be seen...
Legal Translation: Principles of Success
ABSTRACT.The article covers the fundamental characteristics of legal language at large and those of legal English in particular, including specific syntax, lexis - both general and special, polysdisciplinarity, and ambiguity. While analyzing the specificity...
Limits on the Exercise of Universal Jurisdiction Especially about Other States Representatives' Immunities
ABSTRACT.Universal jurisdiction is the favorite technique used to prevent impunity for international crimes. It is one of the most effective methods to deter and prevent international crimes by increasing the like hood of prosecution and punishment of...
Machine Ethics
Machine Ethics Michael Anderson (University of Hartford) Susan Leigh Anderson (University of Connecticut) (eds.) New York: Cambridge University Press, 201 1, 538 pp. ISBN 978-0-521-11235-2The ultimate goal of machine ethics is to create a machine that...
Mediation as an Alternative to Conflict Settlement
ABSTRACT.The alternative methods of dispute resolution are a relatively new field of study in Romania, and the efforts to regulate by law these methods are even newer. The authors' opinion is that a precise conceptual identification of the items included...
New Developments regarding Legal Cultures in Europe. Exploring Legal Conflicts in the Multicultural Society
ABSTRACT. The recent changes in some important states within the EU, regarding the concept of multiculturalism demand a thorough analysis of the current state of legal cultures in Europe. Recent legal and social conflicts have arisen and projected some...
New Legal Perspectives regarding Mandatory Laws in the Field of International Arbitration
ABSTRACT.The need to maintain and consolidate good relations between parties to a contract provided the reasons for creating legal means of prevention and conclusion of litigations regarding international contracts. The conflicts that arise within international...
New Regulations concerning the Contractual Risk in Internal Legal Circuit
ABSTRACT.The failure in complying civil contract due to the will of the parties above trips, carrying the question of risk only if the obligations of result (a quantity of freight transportation to the destination specified, performing work, gathering...
On the Edge of Theory: Lady Gaga, Performance and Cultural Theory
ABSTRACT.This paper provides an analysis of Lady Gaga, the genesis of this name and the evolution of Stefani Germanotta into an avant-garde artist who makes the most of her art school background and combines aspects of performance, art, and fashion into...
Political Romania, Poetic Romania - Gossip and Other Scandals: A Brief Analysis of the Language and Behavioral Aspects of Romanian Politicians
ABSTRACT.The paper proposes a jovial and partly subjective path of the Romanian political atmosphere in the early decades of the twentieth century. Wit, mockery, incisiveness, hard words have a history strongly rooted in the customary clothing of the...
Protecting Human Rights and International Humanitarian Law in the Fight against Terrorism
ABSTRACT.In the present paper, I focus on the politics of terrorism, the causes of terrorist behavior, and the nature of the political purposes behind terrorist violence. I am specifically interested in how previous research investigated counterterrorism...
Reflections regarding the Concept, Forms, Causes and Effects of Tax Evasion
ABSTRACT.The study targets at elucidating the multiple definitions attributed to the concept of tax evasion by Romanian and foreign doctrinarians, the analysis of its forms, as well as defining "legal tax evasion" and "fraudulent tax evasion," the causes...
Reflections regarding the Investigation of Illicit Drug Trafficking
ABSTRACT.The hereby study describes the basic forensic proceedings which are related to the optimal crime scene investigation in the case of crimes which imply illegal drug trafficking. Along with criminal and criminal procedure considerations regarding...
Romanian Legal Regulations on Workers from Non-Eu Borders
ABSTRACT.EU nationals have the right to live and work in Romania without a work permit as long as they have applied for a residence permit, which can be obtained after having a legal work contract in Romania. Work permits are issued by the Romanian Ministry...
Romania's Vulnerability to Economical, Political and Terrorist Threats
ABSTRACT.The present paper discusses economic threats, from the crisis perspective and financial loans which indebted the population, as well as from the wage cuts points of view. Analyzing IMD reports, we emphasis the vulnerability of each state in...
Several Theoretical and Practical Aspects of the Transportation Contract: The Reglementation within the New Civil Code
ABSTRACT.The Civil Code obviously represents an important source for the transportation law. The common law insures the general principles of law applicable within this special area. The transportation law is using general notions from all types of law...
Sexual Freedom in French Legislation
ABSTRACT.Sexual activity, like any other human activities, is multiple and diversified, including people who can not imagine sex but within its reproductive dimension as part of a marriage and people who embrace libertinage as a way of living. Some people...
Stages of the Criminal Case as Stipulated in the Romanian Code of Criminal Procedure
ABSTRACT.The stage of the criminal case represents one of its divisions and implies the activity of a certain category of judicial bodies in order to fulfill the duties and tasks pertaining to their function in the lawsuit and to pursue the proceedings...
Teaching the Origins of English Legal Language
ABSTRACT.This paper examines the potential useful role that teaching the origins of legal English may have in teaching English as a foreign language. On the one hand, by discussing the history of legal English, i.e. mainly its Anglo-Saxon, Latin and...
Tests of Deceptive Advertising Used by the Federal Trade Commission with an Application to Alternative Medicine
ABSTRACT.We outline the tests used by the Federal Trade Commission (FTC) to determine whether advertising is unfair or deceptive. Our focus is on how the FTC views non-traditional health-related products and treatments. To help illustrate the application...
The Affirmation of the Renewing Current of Prison Reform in 19th Century Romanian Thinking
ABSTRACT.In 1882, the work entitled About the Need of Reform in Criminal Prisons, signed by Gregory Gramaticescu, Chief Prosecutor at the Court of Appeal Craiova, was offered to the coroners of the Old Kingdom. Over more than a century, a famous contemporary...
The Cambridge Handbook of Information and Computer Ethics
The Cambridge Handbook of Information and Computer Ethics Luciano Floridi (University of Hertfordshire) (ed.) New York: Cambridge University Press, 2010, 327 pp. ISBN 978-0-521-71772-4Information technologies have begun to play the role of re-ontologizing...
The Complexity of Legal Translation: Social and Cultural Bounds Aspects
ABSTRACT.The development of research in legal terminology translation is strongly related to the comprehension of cultural and social phenomena, as translation leads towards communication between cultures and represents an important link in understanding...
The Evolution and Inter-Dependence of Tourism with the Environment
ABSTRACT.In the economic and social life there often occur changes and the notion of tourism must be permanently adapted, confronted and correlated both with the practical activity, but also with the other fields of the economy. The demographic explosion...
The Fundamentals of Sustainable Development
ABSTRACT.The concept of sustainable development had a continuous improvement over the time, this fact being evidenced by the change in the manner of problems approaching during meetings at world level. Sustainable development is acting on the background...
The Institution of Preventive Measures in the New Code of Criminal Procedure
ABSTRACT:The institution of preventive measures, presents, in the new Code of Criminal Procedure (CCP), a series of innovations to current regulations. Starting with the first article, 202, Chapter I of Title V, better outlined general conditions are...
The Need for Law throughout the Secondary Housing-Finance Market
ABSTRACT.The analysis presented in this article contributes to research on the macroeconomic significance of the shadow banks, the housing bubble and the ensuing near-collapse of the international banking system, the continued increase in housing prices...
The Phenomenological Texture of Desire
ABSTRACT.The paper generates insights about Husserl's notion of primal impressions, life as the object of desire, Hegel's phenomenology of self-consciousness, and the objects of desire for a living, desiring self-conscious consciousness. The results...
The Place of Punishment within the Criminal Justice System
ABSTRACT.In the present paper, I focus on the scope of the criminal law, the expressive functions of the criminal law, and the shifting nature of the criminal law. The theory that I shall seek to elaborate here puts considerable emphasis on the costs...
The Presumption of Marriage in Australia - Revivine?
ABSTRACT.The evidentiary presumption of marriage has been with us for quite some time and is seemingly if not precisely, established. However, recent decisions in the Family Court of Australia have, if confusing the notion's operation, have drawn attention...
The Procedure before European Court of Justice
ABSTRACT.The paper aims at highlighting the main features of the procedure before European Court of Justice. The Amsterdam Treaty explicitly conferred jurisdiction on the European Court of Justice to check that Community instruments respect fundamental...
The Relationship between the Carriers Participating in the Performance of International Rail Freight
ABSTRACT.The international carriage of goods may have standing to bring the sender, recipient that their rights assign. The action against the carrier is for the one who legitimately possess the transport document. The rule is that the passive subject...
The Role of Managerial Motivation in Predicting Management Performance
ABSTRACT.The material gathered in this study provides a rich and diverse context for understanding multiple forms of shared leadership processes, effective leadership processes in teams, factors that account for and predict individual performance, and...
THE ROLE OF NBFIs IN DEVELOPING MARKET. LEGAL FRAMEWORK
ABSTRACT.The nonbank regulatory issues facing emerging markets are the same as those facing developed markets. Every country can benefit from a healthy sector of nonbank financial institutions (NBFIs) that provide a sound basis for economic growth. The...
The Ship Owner's Obligation to Ensure Seaworthiness of the Ship - Implicit Obligation of the Ship Owner in the Charter Party
ABSTRACT.The seaworthiness issue is a very much discussed topic in maritime law. The fact that a ship is not seaworthy is of fundamental importance for all aspects of a possible dispute, starting from claims for goods up to complaints of possible body...
The Study on the Public Administration Reform in Romania Which Contributes to Reduce Corruption
ABSTRACT.This paper aims to analyze, starting from the case of Romania, the degree to which public administration reform contributes to the reduction of corruption. The research focuses also on mass media, which plays a significant positive influence...
The Study on the Role of Public Administration in the Modernization of State
ABSTRACT.The paper states that public administration is crucial to the achievement of developmental aims and that it is substantially inextricable from its wider governance and societal structures and social milieus. The paper relates that an important...
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