Hasil untuk "Social legislation"

Nathan Rivet

Contemporary prison privatization has been the focus of many studies. While most research mainly looks at political factors and practical results, few have explored the organizational impact of outsourcing. Despite privatization being often seen as a sign of liberalization and deregulation, this article uses the French prison privatization example to highlight the connection between privatization and bureaucratization. Based on observation and interviews, this study makes three claims. First, it argues that prison privatization is a changing relationship between public and private sectors, leading to controversy over private accountability. Second, it suggests that outsourcing contracts create a new layer of law with public compliance officers becoming a new form of legal oversight. Third, it shows how these controllers enforce contract terms in their own interest, resulting in an adversarial legal culture between public and private services. The article concludes by suggesting a fresh approach to studying privatization using qualitative methods.

Aitziber Mugarra Elorriaga

Como parte del compromiso por impulsar y socializar el Decálogo para un renovado modelo de relaciones laborales, conocido como Declaración de Oñati, y presentado por el Gobierno Vasco en 2019, este número monográfico de la revista Oñati Socio-Legal Series presenta cinco aportaciones centradas esta vez en el diálogo social y la concertación de políticas laborales como instrumentos de cambio.

C.Z. Tsvakirai, L.L. Nalley, T. Makgopa

Interest in evaluating cultured meat neophobia is growing as the development of this product continues to progress. As the available evaluation tools have imprecise wording and fall short of providing critical information, this study endeavoured to develop a neophobia scale that captured product-specific nuances of cultured meat. The developed scale was tested using data collected in South Africa. Factor and correlation analyses were conducted to determine the dominant consumer concerns and the groups in society that would face the greatest psychological hinderances to adopting of cultured meat. The study's findings show generally low neophobia in the South African market. Negative sentiment was dominated by meat quality concerns while health, food safety, social and cultural concerns, which normally form stronger objections to food acceptance, were low. The study predicts that market penetration would be hardest among older consumers, due to their relatively higher neophobia. However, if marketing efforts are targeted at addressing consumers’ social concerns, marginal increases in acceptance may be experienced among meat-eaters, people reducing their meat consumption, household heads and consumers from high-income provinces. The study concludes that collaboration between the public and private sectors in the provision of legislation guiding food safety and the setting of quality standards will be key to addressing consumer concerns in the evolving protein supply market.

Hamid Naderi, Mohammad Matin Parsa, Mohammad Pourmazar

Criminal mediation is considered as an alternative method for social reconciliation, which is held with the presence of the parties of a criminal dispute and the role of a third person called the mediator. Criminal mediation, which is also known by titles such as reconciliation, is the personal mediation of a third party between two parties of a criminal case and providing a basis for dialogue and agreement in order to return the situation to normal, which of course is possible with other programs such as conferencing, circles, restitution of the victim's situation, community services, victim impact statements and community restorative boards have similarities. The dispute resolution councils, as a judicial references, which mainly steps towards reconciliation between the parties to the proceedings, despite the diversity in the implementation of dispute resolution programs, the characteristics of most of these programs are the active participation of litigants and local communities, dialogue-oriented, efforts to reach a solution to compensate the victims and the offender's responsibility. Therefore, criminal mediation programs can be a good opportunity to expand and strengthen community-oriented in the judicial system. The root of adopting a community-oriented approach to criminal issues and recognizing people's participation in solving  Corresponding Author: hnaderi58@gmail.com How to Cite: Naderi, H., Matin Parsa, M., & Pourmazar, M. (2023). Analyzing the Position of Mediation in Dispute Resolution Councils with a Sociological Approach; (from Perspective of the Members of the Branches of the Tehran Councils). Journal of Criminal Law Research, 12(45), 153-192. doi: 10.22054/jclr.2024.75156.2608.Hamid NaderiResearcher of Department of Interdiciplinary Studies, Institute of Strategic Studies, Judiciary Research Institute, Tehran, Iran.Mohammad Matin ParsaPh.D. in Criminal Law and Criminology, Allameh Tabatabaꞌi University, Tehran, Iran.Mohammad PourmazarMaster in Criminal Law and Criminology, Shahid Beheshti University, Tehran, Iran.Journal of Criminal Law Research | Vol. 12 | No. 45 | Winter 2024 | 154criminal disputes can be found in "public sociology" studies in general and "restorative justice" teachings in particular.From the substantive point of view, since crime is considered a social phenomenon and behavior against the norms of society, and the offender and the victim are members of the society, so the process of pursuing the case and responding to the offender should also be in accordance with this social context. Categories related to criminal law, such as criminalization and separation of crimes from social deviations, ordering of response methods, prevention of crime, determination of responding references, evaluation of its performance and historical developments, are not separate from the community of the place of implementation or its specific social context, and this fact can be seen in the link between the law and the social. By giving identity to the offenders, preventing them from being labeled and providing an environment of acceptable shame, criminal mediation can lead to the correction and return of the offenders to the society as quickly and better as possible and their alignment with the norms.The social approach of the judicial system is one of the meeting points of the social with the law, and it is a view of the process based on which the judicial system, especially the criminal justice system, along with the people consisting of natural persons and non-governmental organization, assume social responsibility towards the general issues related to the judiciary. This approach is based on returning to society and taking advantage of social capacities and creating a basis for the consolidation of social capital. Depending on the topics and stages, this partnership can have many manifestations, including legislation, monitoring the implementation of laws, crime prevention, crime detection and prosecution and investigation, settlement of lawsuits, determination of punishment and its implementation. If mediation in criminal matters is done independently and away from the jurisdiction of the judicial system, it can be a suitable context for realizing and strengthening the social approach of the judicial system. The main goal of the research is to analyze the criminal mediation in the dispute resolution councils of Tehran.The current research was conducted using qualitative method in the form of thematic analysis .In order to collect data, an unstructured interview tool was used. The statistical population of the current research included managers and members of Tehran Dispute Resolution Council's branches and branches located in courts which was carried out by non-probability and purposeful sampling; and the samples were selected in a targeted manner at the level of the complexes of the Tehran Dispute Resolution Council until reaching theoretical saturation in the number of 11 people. Maxqda, the qualitative data analysis software, was used to encode and analyze the data. The interview protocol is set according to the main axes of the empirical background and by|155| Analyzing the Position of Mediation in…; Naderi et al.conducting a review of the body of knowledge related to the subject, and the operational method of the research is the content and thematic analysis. Thematic analysis is one of the methods of analyzing textual data, one of its characteristics is the use of categories adapted from theoretical models and applied to the data.The data collected in the form of the main themes "relationships of the dispute resolution council with the judicial system and social contexts", "The nature and purpose of the dispute resolution council", "The quality of the implementation of conciliation and dispute resolution programs" and "The challenges of the dispute resolution council in the path of decriminalization and social reconciliation" formulated and affirming the necessity of councils' activity as an institution independent of the judicial system and arising from the society; Because in this lack of independence, the judicial approach has prevailed over the councils, considering this institution as a helping arm and a legal aid institution. The predominance of such an approach, along with the addition of judicial jurisdiction and the issuing of judgments, has caused the mediators active in the councils to move away from the role of facilitators and find an approach similar to that of the judges. The consequence of this judicialization is manifested in not taking advantage of the capacity of the local community, lack of attention to the needs of litigants, and lack of root-finding and problem-solving approach. Therefore, at present, the councils have moved away from their primary goals and their performance is very different from criminal mediation in a special sense.

K.L. Chidgey

There is considerable variation in the recommended minimum space allowance for growing pigs in scientific literature, and growing pressure, arising from recent reviews of current animal welfare standards for pigs, to increase the minimum space allowances set in legislation in some countries (e.g., European Union countries and New Zealand). The space provided for growing pigs needs to accommodate their physical body size in addition to social behaviour, activity, and essential functional behaviours. However, recommended minimum space allowances vary according to criteria such as temperature, live weight, flooring type, group size, behaviour, and enrichment availability. Though there may be justification for increasing current space requirements, this will present a practical issue on existing farms and could even result in unintended negative welfare outcomes, depending on how farmers address an increased requirement for space. This is not helped by inconsistent scientific approaches to assessing the effect of space on pig performance, and a lack of information on how space allowance impacts a pig’s affective state. This review explores the scientific basis of the most common approaches to determining minimum space allowances for growing pigs and discusses the various factors that influence and interact with their spatial requirements. Consideration is given to their nutrition, physical environment, health, and behaviour to understand the welfare, performance, and practicality implications of differing recommendations for space allowance. More research is needed that investigates a range of space allowances to better understand the relationship between animal welfare and performance outcomes, and space allowance. This must replicate commercial conditions so that recommendations are relevant, future-focused, and achieve positive welfare outcomes in a practical but meaningful manner.

Марія Гуляєва

The given article analyses the theories of professionalization, which conceptually define the essence and content of andragogy training in Germany. The research used general scientific (analysis, synthesis, generalization, systematization of collected material) and search and bibliographic methods (study of archival sources, legislation, historical, genetic and chronological analysis, which traced the understanding and formation of adult education evolution in Germany), as well as methods of definitive, theoretical and methodological, system-structural, structural and functional, and structural-logical analysis. It was found that the professionalism of the staff is a prerequisite for the functioning in social activity of any branch and sphere. It is proved that in Germany this issue has become especially relevant and is considered exclusively in the context of professionalization theories for a particular educational field. Theoretical principles and directions, models (mechanisms) and levels of professionalization are generalized; the essence of andragogy professionalism and professional habit of adult education specialist is specified. The main historical milestones in the understanding, interpretation and approval of the idea of adult education professionalization in Germany are highlighted. The scientific (theoretical and methodological, philosophical) and historical and practical (factual) approaches to the developed idea of professionalization in the outlined educational field are revealed. The existence and functioning at the qualitative level in the system of academic training for adult education specialists as a separate direction in the professionalization of the researched field is stated. Further research is necessary on the issues of antinomies and paradoxes observed within the actual field of adult education and its institutions, which is naturally reflected in the requirements for training, knowledge, skills and qualities of andragogy specialists.

Y. Kang

Abstract This review article brings together English-language studies from a wide array of social science disciplines using diverse methodological approaches to provide a roadmap of the developments in real practices, theoretical concerns, and research agendas in four major realms of food safety governance in China: legislation, institutional constellations, consumer responses, and industry incentives.

Martin Murphy, R. Eadie

Purpose Socially responsible procurement (SRP) utilises government expenditure on construction procurement as a means of generating social value from construction activities. The paper proposes that SRP is a type of innovation delivering social value in the form of employment opportunities to local communities. The purpose of this paper is to investigate the use of SRP in Northern Ireland procurement and align the findings with existing literature. Design/methodology/approach A three-stage approach was employed, namely, first, a review of innovation and SRP literature; second, a survey of 50 Northern Ireland construction organisations to extract perceptions of SRP in practice; and third, qualitative analysis of the literature with the empirical insights. Findings Findings show that SRP is being driven by social legislation and being delivered by contractors as part of their contractual obligations. SRP represents a significant shift from standard construction practice which makes it challenging to implement using traditional processes and systems. It is found that SRP is generating social benefits through employment creation and the feedback from employees is largely positive. However, it is proposed that contractors need to adopt a more person-centric approach to the implementation of SRP to sustain the benefits being currently evidenced. Originality/value The study suggests that there is an urgent need for more holistic measurement of impacts and outcomes of SRP to ensure social targets are appropriate for the communities in which projects are being constructed.

Karolina Piech

The paper concerns the protection of animal rights in Poland, at the level of legal provisions and application of norms. The author puts forward a thesis according to which the development of animal protection in Poland is weak and retarded in relation to the majority of European Union countries. For this purpose, the author compares selected regulations from Polish law to the legislation of other European countries. Finally, the author answers the question if animal safety and protection in Poland can be characterised by the words “stupidity, immorality and social regression”.

Leyla S. Namazova-Baranova, Natalia V. Ustinova, Valeriy Yu. Albitcky et al.

Background. Many social problems have worsened nowadays especially in the context of the COVID-19 pandemic. It is important that child health professionals have all the necessary knowledge for detection of child abuse in modern society. Aim of the study is to study the awareness and competence of pediatricians on child abuse. Methods. The cross-sectional study was conducted using the international standardized questionnaire (22 questions). The study has included practicing pediatricians from inpatient and outpatient (95% of all respondents) clinics in Kazan. Results. The data from questionnaire survey of 73 pediatricians has shown that 29 (40%) and 39 (53%) of all respondents encountered physical and psychological abuse against children, respectively. Physical abuse was considered as the most common form of abuse by 38 (52%) pediatricians. The child abuse was revealed during routine examination in 33 (45%) cases. 20 (28%) respondents have initiated proceedings for every case of physical abuse, and 23 (31%) — for psychological abuse. One in three pediatricians, 23 (31%), consider the present legislation comprehensive enough in the sphere of children protection against abuse. Meanwhile, 50 (68%) pediatricians regarded their own level of awareness in this topic as insufficient. Conclusion. The study has shown insufficient competence of pediatricians (especially in the visiting services) in the detection and maintenance of children abuse cases (physical and psychological). It is crucial to enhance and continuously improve education of pediatricians on pre-graduate and continuing professional education levels in issues of children abuse.

Sarah K. Bruch, Marcia k. Meyers, J. Gornick

C. Pallin

Fahrial Fahrial, Andrew Shandy Utama, Sandra Dewi

<p class="BasicParagraph"><strong>Abstrak</strong><strong></strong></p><p>Penelitian ini bertujuan untuk menjelaskan pengaturan dan pemanfaatan <em>Corporate Social Responsibility</em> terhadap pembangunan perekonomian desa di Provinsi Riau, serta sanksi hukumnya, menurut Peraturan Daerah Provinsi Riau Nomor 6 Tahun 2012. Penelitian ini bersifat deskriptif dengan jenis yuridis normatif melalui pendekatan perundang-undangan dengan metode analisis kualitatif. Perusahaan-perusahaan besar yang beroperasi di Provinsi Riau wajib melaksanakan program <em>Corporate Social Responsibility</em> untuk membangun desa. Terhadap perusahaan yang tidak melaksanakan <em>Corporate Social Responsibility</em> di Provinsi Riau, maka perusahaan tersebut dapat dikenakan sanksi berupa peringatan tertulis, pembatasan kegiatan usaha perusahaan, pembekuan izin usaha perusahaan, dan pencabutan izin usaha perusahaan.</p><p class="BasicParagraph"><strong><em>Kata Kunci: Corporate Social Responsibility; Pembangunan Desa; Sanksi Hukum</em></strong><em>.</em><em></em></p><div class="WordSection1"><p class="BasicParagraph"><strong><em><br /></em></strong></p><p class="BasicParagraph"><strong><em>Abstra</em></strong><strong><em>ct</em></strong></p><p><em>This research aims to explain the arrangement and use of Corporate Social Responsibility for rural economic development in Riau Province, as well as legal sanctions according to Riau Province Regional Regulation No. 6 of 2012. This research is descriptive in nature with normative juridical type through the legislation approach with qualitative analysis methods. Large companies operating in Riau Province are required to implement a Corporate Social Responsibility program to develop villages. For companies that do not carry out Corporate Social Responsibility in Riau Province, these companies may be subject to sanctions in the form of written warnings, restrictions on company business activities, suspension of company business licenses, and revocation of company business licenses.</em><em></em></p></div><p><strong><em>Keywords: </em></strong><em><strong><em>Corporate Social Responsibility; Legal Sanctions; Village Development</em></strong><em>.</em><br clear="all" /> </em></p>

Kezell Klinck, Sonia Swanepoel

Orientation: The article investigated factors from several perspectives using human resources-related issues of governance, legislation, regulation, organisation, administration and communication, workplace sociology variables pertaining to social and psychological relationships and several other factors that have an impact on the complex matrix of determinants for performance improvement in the public service. Research purpose: This article explored the human factors linked to the performance management (PM) processes and its impact on the effectiveness of service delivery in the North West provincial administration (NWPA). The article isolated the strengths and weaknesses of the system of performance assessment from the human relations perspective, technical usage, the structural–organisational and the strategic perspectives, uniformity, legislative compliance and other possibilities envisaged and emerging. Motivation for the study: The study would deliver a successful and carefully crafted PM model that could be used to remedy the current performance situation through improved and effective communication channels, as well as ongoing feedback, leading to a more productive and motivated workforce. This would ultimately yield improved service delivery for the citizens of the North West Province. Research approach/design and method: To answer the main research questions, sub-questions and objectives of this study, several participants (permanent employees and managers) found in the departments within the NWPA had to respond to diverse instruments of inquiry (questionnaires, interview schedules, expert, operational, strategic and grass-roots opinion, etc.). The study took a sequential mixed-methods approach where interpretivist (qualitative) and positivist (quantitative) approaches were applied as the philosophy and descriptive statistics were used. Main findings: The main findings highlighted all the human factors that mitigated against performance improvement in the NWPA. From the evidence gathered, some departments exhibited problematic manager–subordinate relationships, lack of training, no proper feedback, low staff morale leading to low job satisfaction, lack of leadership as well as broken channels of communication. Practical/managerial implications: The findings revealed that it is important for the NWPA management to undertake the necessary efforts in order to adapt a new strategy and comprehensive model for improved performance, which would ultimately lead towards efficient and effective service delivery in the North West Province. Contribution/value-add: This paper explores the salient human factors to be taken into consideration during performance management in the North West Provincial Administration.

Jinhui Li, Xianlai Zeng, A. Stevels

G. Butnaru, M. Ștefănică

Serhii Minchenko, Olena Oliinyk, Andrii Borovyk

The article is devoted to separate issues of the use of criminal law in the regulation and protection of economic relations, as well as the question of the effectiveness of using such a method to ensure the country’s economic security. The comparison of methods and methods used in Ukraine, the USA, Germany, Spain, Belarus, which consisted both in the criminalization of certain acts and in the introduction of incentive and incentive rules for taxpayers. The subject of the study is the issue of criminalization and decriminalization of certain social relations in the field of economic security. First of all, it concerns the sphere of payment to the budget of taxes and other mandatory payments. The purpose of the article is to identify the factors that negatively affect the development of the modern economy. Also, the study revealed and analysed the differences in the formulation of laws that provide for liability for tax evasion in order to find out the effectiveness of the latter. Methodology. During the research, a complex of general scientific methods was used: the system – in the process of a comprehensive study of the system of criminal legal influence on the participants of the considered social relations; formally-dogmatic – when analysing the legal composition of crimes involving criminal liability for tax evasion; comparative-legal – within the framework of comparison of provisions of the current Criminal Code of Ukraine and legislation on criminal liability of foreign countries; statistical – for the analysis and generalization of empirical information. Conclusions. Indicates the need for concentration of efforts aimed at carrying out preventive activities in the field of public relations, which, in turn, will contribute to the timely detection and termination of illegal activities, which is a serious threat to the economic security of each civilized country. The general concept for a set of measures that effectively and timely counteract certain socially negative (dangerous) tendencies that should take place today in the sphere of economic relations both in Ukraine and abroad is developed and proposed. The authors expressed their own proposals regarding the improvement of the law on criminal liability for the issue raised.

Liliana Andrea Avila Garcia, Edwin Baron, Blanca Llorente et al.

Background and challenges to implementation Colombia´s Constitution enshrines several instruments of citizen-participation that aim to foster government accountability and encourage democratic deliberation. Such constitutional principles materialize in the right of citizens to establish Citizen Oversight Groups (Veedurías). These organizations represent community interests, surveilling activities of public and private actors, including NGOs, regarding public policy issues, particularly those that involve publicly-owned resources. (Law 134,1994). Veedurías are a suitable instrument to address transparency issues, which is at the core of the challenges to advance in the tobacco control agenda in any country. Intervention or response Veeduría for Tobacco Control-(VCCT) uses this surveillance tool to promote the implementation of the Framework Convention on Tobacco Control(FCTC), VCCT benefits from a multidisciplinary, multi-actor approach, advocating for: Acknowledgement of human, health, social and economic costs of tobacco consumption. Implementation of international commitments derived from FCTC. Protect tobacco control policies from tobacco industry interference Promote transparency, legality, and citizen participation. Promote opportunities for social transformation through education, and the protection of the right to information. Results and lessons learnt VCCT has offered guidance, promoted dissemination of scientific evidence (e.g. a tax policy brief, position statements on e-cigarettes, and illicit trade, organization of academic forums) multiplied impacts of those projects led by its member organizations. It has provided an efficient coordination mechanism to deploy a wide range of technical and social resources to promote legislation initiatives or counteract those that oppose FCTC guidelines, on topics such as health warnings, e-cigarettes, tax increases. VCCT implements education interventions to empower citizens to assert their rights. Conclusions and key recommendations CVCT has became a relevant actor in the tobacco control agenda in Colombia due to, at least; three keys factors: Firstly,"united-we-stand"; VCCT works from a multidisciplinary, multi-actor approach. Secondly, this approach is always based in evidence and best practices; and finally, VCCT advocates for different issues than congregates different key actors.

Hazel Easthope

English-language literature on the relationship between home and dwelling has largely focused on the benefits of homeownership and (to a lesser extent) social rental in facilitating ontological security. Less consideration has been given to the experiences of private tenants. This paper draws on findings of a study on security of occupancy to discuss the ability of private renters to exercise control over their dwellings in Australia. The paper discusses the limitations of Australian legislation, within its policy, market and cultural context, in enabling private tenants to exercise control over their dwellings, and compares the Australian situation with Germany to demonstrate that alternative approaches that afford more control to private tenants are possible in rental systems dominated by private rental. The paper concludes with a call for a wider debate about the importance of home and the impact of social norms regarding the purpose of different types of tenure on housing policy and thus on the rights and well-being of tenants.

A. Szász