Hasil untuk "Social legislation"

Mengchun Xue, Meng Liu

IntroductionChina's urban community waste management (UCWM) is plagued by severe environmental pollution, resource wastage, and insufficient public participation, necessitating an urgent shift towards sustainable practices through grassroots mobilization. This study explores how urban communities can integrate external resources and endogenous dynamics to form sustainable waste management orders, guided by the Neo Endogenous Development (NED) theory.MethodsThis study collected data using the interview method and analyzed the data through NVIVO 12.0 to explore the integration of external resources and internal dynamics in forming sustainable UCWM orders in two representative Chinese urban communities in Beijing and Shanghai.ResultsThe findings reveal that technology, as an exogenous force, effectively stimulates endogenous sustainable development by aggregating subjects through platform empowerment, activating grassroots resources via data interoperability, and fostering social connections and environmental awareness. The NED framework, which integrates technology empowerment, multi-stakeholder collaboration, resource activation, and value creation, demonstrates significant potential in enhancing sustainable waste management.DiscussionThese results highlight the synergistic role of technological innovation, stakeholder collaboration, and community empowerment in achieving sustainable waste management. The study underscores the replicability of NED-based waste management models in diverse socio-economic settings. Practical policy recommendations include increased government subsidies for smart devices, legislation for waste sorting responsibilities, and technology adoption tailored to community needs.

Seyed Ehsan Rafiei Alavi, Hamid Maddahzadeh

One of the theoretical and practical challenges between the modern legal system and the legal system of the Islamic state is the relationship between fiqh (Islamic jurisprudence; henceforth, simply as “jurisprudence”) and law. In the Islamic state, jurisprudence is considered the primary source of legislation, whereas in modern legal systems, law is primarily derived from the element of the "general will." This fundamental difference has led to questions regarding the compatibility or incompatibility of these two legislative models. The main issue of this research is to examine the position of "general will" in modern law and compare it with the position of this concept in the law of the Islamic state as conceived by Imam Khomeini. This research pursues two main objectives: 1) To explain the position of "general will" in the modern legal system and analyze its relation to law based on jurisprudence. 2) To examine the views of Imam Khomeini, the architect of the Islamic Republic of Iran, in order to clarify how jurisprudence and law interact within the framework of the Islamic state. This research was conducted using an analytical-descriptive method and based on library resources. In this regard, the theoretical foundations of the "general will" in modern law were first examined, and then, through the analysis of Imam Khomeini's views, the position of this concept in the law of the Islamic state was explained. The findings of the research can be summarized as follows: 1) In the modern legal system, law is defined as the manifestation of the general will, and its legitimacy is dependent on the will of the majority of society. This perspective is rooted in the ideas of the social contract, which sees law as a human-made and changeable construct. 2) In Imam Khomeini's jurisprudential-legal system, although law must align with the principles of Islamic sharia, the role of the people in legislation is not overlooked. He emphasized the theory of "Wilāyat al-Faqīh" (Guardianship of the Jurisprudent), asserting that the legitimacy of government requires popular acceptance, but the content of laws must be within the framework of Islamic rulings. In other words, the "general will" is understood within the framework of divine law, not independently of it. According to Article 56 of the Constitution of the Islamic Republic of Iran, the sovereignty of the people exists within the sovereignty of God, and, conversely, it can be said that Islam sets the limits for the republican aspect of the system. 3) The interaction between jurisprudence and law in Imam Khomeini’s thought demonstrates that jurisprudence can respond to the evolving needs of society by utilizing ijtihad (juridical reasoning) while maintaining the fixed principles of Islam. This is particularly evident in Imam Khomeini's ijtihad-based model and his special attention to the role of time and place in ijtihad. According to Imam Khomeini, the form of government depends on the temporal and spatial requirements determined by the people, but its content must be based on Islamic laws and rulings. This perspective offers a way to reduce the apparent conflicts between jurisprudence and modern law. This research shows that, although the foundations of the legitimacy of law differ in the modern system and the Islamic state, Imam Khomeini’s thought does not entirely dismiss the role of the people in the Islamic government. Rather, it is defined within the framework of Sharia. This finding can help reduce the theoretical challenges between the two legal systems and prevent potential misinterpretations of the relationship between religion and law in the Islamic Republic.

Kamran Mahmoudiyan

One of the most fundamental and yet challenging issues in the philosophy of criminal law is understanding the relationship between morality and law, and determining the limits of the moral legitimacy of criminalization. In this context, Aristotelian moral philosophy—centered on concepts such as eudaimonia, virtue, and justice—provides important theoretical resources for grounding the principles of criminalization. However, common interpretations of Aristotle often suggest that he advocates a complete overlap between individual morality and legal regulation. A careful examination of his works, particularly within the framework of justice theory, reveals a clear and essential distinction between moral faults and legal faults.This study critically reexamines Aristotle’s conception of justice as a form of virtue, to clarify this distinction and explore its implications for the foundations of criminalization. The central question of this article is to investigate Aristotle’s theory of justice in relation to virtue, and to derive its implications for criminal law. The objectives of the study are: first, to explore the relationship between individual virtue and social justice within Aristotle’s ethical-political system; second, to analyze the role of key Aristotelian ethical concepts—such as good intention, the mean, practical wisdom (phronesis), and justice—in determining the limits of legislation; and third, to clarify the fundamental distinction between moral faults and legally punishable acts from Aristotle’s perspective. Ultimately, the study aims to establish the criterion of “harm to others” as the cornerstone of the legitimacy of criminalization in the Aristotelian framework.The research employs an analytical-critical methodology, drawing primarily from Aristotle’s key texts, particularly the Nicomachean Ethics and Politics. The methodology involves conceptual analysis of virtue ethics, logical deduction of its implications for criminal law, and critique of reductionist interpretations of Aristotelian justice. An interdisciplinary approach, bridging moral philosophy and the philosophy of criminal law, is also utilized.The findings indicate that Aristotelian ethics, with its emphasis on eudaimonia as the ultimate goal of human life, conceives virtue as a dispositional state grounded in conscious choice and situated within the mean between extremes. The full realization of virtue requires the simultaneous presence of good intention and right action, meaning that ethical judgment ultimately depends on the agent’s motivation. Key concepts in this ethical system—such as the mean, which is context- and person-dependent, and practical wisdom (phronesis), the capacity to discern the right course of action in particular circumstances—are inherently agent-centered and situational. Consequently, Aristotelian ethics cannot directly provide a basis for fixed legal rules, since determining the right action requires the judgment of a virtuous agent (phronimos) in a specific context, and cannot be reduced to universal principles.Justice, in this framework, serves as the bridge between virtue and law. Aristotle distinguishes between general (universal) justice and particular (specific) justice. General justice refers to complete virtue in relation to others and conformity with the law, thus defining the scope of legislation and criminalization. Particular justice, on the other hand, is divided into distributive justice—concerned with the allocation of resources and positions based on merit—and corrective or rectificatory justice, aimed at restoring balance after harm has occurred. Crucially, from Aristotle’s perspective, the domain of law is defined by the criterion of “harm to others.” In other words, legitimate legislation is not intended to guide individual morality, but rather to preserve collective well-being and prevent harm to others. This criterion establishes a clear boundary between moral faults—concerned with individual character—and legal faults or punishable acts.The study demonstrates that Aristotle does not conflate individual morality with law. Certain acts, such as murder, theft, and adultery, may be regarded as “pre-legal” or “intrinsically wrong” because they inherently disrupt human relations, regardless of positive law. Therefore, the central criterion for criminalization in the Aristotelian framework is objective harm to others, or the undermining of the common good and the conditions necessary for societal flourishing. This perspective explicitly rejects legal paternalism, which involves government intervention solely for individual welfare without harm to others.Although practical wisdom is an individual attribute, mechanisms can be devised to institutionalize it within legislation and adjudication. The legislator, acting as a phronetic agent, can identify and criminalize public vices—collective patterns of behavior harmful to society—while considering the common good and citizens’ flourishing. Likewise, judges can assess intent, conscious choice, and situational factors through practical wisdom to determine the extent of criminal liability. Thus, virtue theory informs not only the definition of criminal acts but also the assessment of legal responsibility.In conclusion, Aristotelian virtue ethics, despite being agent-centered and context-sensitive, provides a coherent moral foundation for criminalization through the lens of justice and the central criterion of “harm to others.” In this framework, legitimate criminal legislation rests on two pillars: first, the criminalization of intrinsically harmful pre-legal acts, such as murder and theft; and second, the criminalization of public vices that objectively undermine collective welfare and citizens’ potential for flourishing. This approach, by avoiding both moral relativism and legal paternalism and by clearly distinguishing between individual ethics and law, offers a balanced and coherent solution to the problem of criminalization. In this model, the practical wisdom of legislators and judges replaces rigid, inflexible rules without leading to subjectivism or arbitrariness in law.

Stina Bergman Blix, Kathy Mack, Terry Maroney et al.

This special issue of Oñati Socio-legal Series, titled Judging, Emotion and Emotion Work, is the result of presentations and discussions during an interdisciplinary workshop at the International Institute for the Sociology of Law (IISL) held in May 2018. This issue builds on the growing critique of the dispassionate ideal of judicial work, combining original theoretical insights with imaginative empirical analyses to extend the understanding of emotion in judging. Fifteen articles are presented in four themes: Theoretical, cultural and historical perspectives; Tensions of the dispassionate ideal; Social dynamics of emotion in judging; and Research methods, empirical insights and [changing] judicial practice. The international diversity of contributions recognises similarities and differences in the structure and organization of courts and the judiciary, and socio-cultural variations in emotional experience and expression.

T. Kliestik, M. Misankova, Katarina Valaskova et al.

Dariusz Grzybek

POLITICAL ECONOMY AND DEMOCRACY IN THE WRITINGS OF CLASSICAL LIBERALS – JOHN STUART MILL AND HERBERT SPENCER The main aim of this paper is showing mainstream  economic theory as an important factor shaping the evolution of political liberalism. The role of the economic theory in this process seems underestimated. The paper analyses the writings of two classical liberal thinkers – John Stuart Mill and Herbert Spencer, the former a pioneer of egalitarian liberalism, the latter of laissez-faire liberalism. Both Mill and Spencer were the followers of the classical political economy accepting the classical theory of distribution. Both saw the distribution of wealth as a spontaneous process, seeing no possibility correcting it for the people’s sake without disturbances or damages. According to the classical theory of wage fund, workers would get higher incomes only through accumulation of capital by owners and repressing their own fertility. Such statement was fundamentally opposite to all postulates of the workers’ movement. Workers always claimed bigger share in social income and legislation favoring laborers. The inevitable result of this contradiction was a conflict between liberal and democratic ideas. Mill and Spencer proposed two different solutions. J. S. Mill found a specific compromise and proposed enlarging franchise on working class, but with a still dominant position of the educated classes. Mill was against equal franchise for the working class because he did not conceive them as liable, rational and sober people. This position results from the wage fund doctrine; according to it, abundant workers’ fertility is wasteful for them and only sexual restraint (or chastity) would make their wages higher. Spencer in his early writing was an enthusiast of democracy, supposing the working class’ affinity to free market solutions. His later disappointment with democracy turned him into a strong critic of democratic parliamentarism from the standpoint of laissez-faire individualism. The case of these two liberal thinkers shows fundamental difficulty in reconciliation between the ideas of democracy and free market. We could choose democracy accepting welfare state or choose free market solution and become unambiguous critics of democracy. Spencer was a forerunner of all later ‘neoliberal’ critics of welfare state. Mill’s opinion was halfway between laissez-faire liberalism and modern egalitarian liberalism. Democracy and equal voting rights became acceptable by mainstream economist only when they had abandoned the wage fund doctrine and other constructs of the classical political economy. Thus changes in the economic theory had a significant impact on the evolution of political liberalism.

Brenda L McKenzie, C. Marques

Federal legislation has been passed to address the rights of individuals with disabilities within educational systems and workplaces. As the number of students with disabilities on college campuses increases, the higher education conversation must expand beyond meeting the basic legal requirements to include an understanding of how to make campus environments more accessible for all students, faculty, and staff, no matter their learning capabilities. Nancy J. Evans, Ellen M. Broido, Kirsten R. Brown, and Autumn K. Wilke’s text Disability in Higher Education: A Social Justice Approach does just that, challenging the reader to consider the establishment of inclusive, socially just practice that centers on the experiences of students, staff, and faculty with disabilities. The authors utilized their own experiences, research findings, and principles of social justice to provide a roadmap for higher education professionals to follow.

Manish K. Bansal, Vivek Kumar

Purpose This study aims to investigate the impact of mandatory corporate social responsibility (CSR) spending legislation on the earnings management strategies of firms. Design/methodology/approach The authors use panel data regression models to analyze the data for this study. This study covers the post-legislation period, which spans over five years from the financial year ending March 2015 to the financial year ending March 2019. Findings The results show that firms manipulate accounting measures to avoid breaching the cut-off criteria for mandatory CSR. In particular, the results show that firms operating around the operating revenue threshold misclassify operating revenue as non-operating revenue. In contrast, firms operating around the net worth and net profit thresholds do downward real and accrual earnings management. These results are consistent with several robustness measures. Originality/value To the best of the authors’ knowledge, this is the first study that examines the impact of mandatory CSR spending on earnings management.

M. Amering

Gender equality leads to better health and mental health for women and girls as well as to better public health and mental health for all. Inequality, discrimination and social exclusion are both cause and consequence of mental health problems for all and affecting women and girls in specific and substantial ways. Equality through the realization of non-discrimination, respect and enablement of autonomy as well as full inclusion in all spheres of life are demands of gender equality legislation as well as human rights obligations for persons with mental health problems. Essentials of non-discrimination laws concern key areas, including health, family planning, marriage and parenthood, employment, housing, education, standards of living and social, political and cultural participation, along with the right to be free from exploitation, violence and abuse. Gender-specific attention to the risks, rights and needs of women and girls and their families are legal obligations as well as clinical and scientific responsibilities. Because of the cumulative and interacting gender-based and other forms of discrimination, regulations such as those following the adoption of the UN-Convention on the Rights of Persons with Disabilities include specific provisions for women with psychosocial disabilities. Other examples for the urgent necessity of a gender-sensitive approach are – among many others - safety and gender-responsiveness of community and hospital settings, humanitarian crisis response, working with family carers, and of course, mental health teaching and research, including efforts towards gender parity in academic psychiatry.

Sheetal Bhoola

Prior to the Covid-19 pandemic, Durban's restaurant industry contributed substantially to South Africa’s tourism economy, by catering for the various eating preferences of domestic and international tourists. Journalists reported the negative impact lockdown measures have had on restaurants in South Africa. This micro qualitative study is located in an upper-class suburb (Umhlanga) which is renowned for their variety of restaurants and cuisines available. The analysis of 15 in-depth interviews illustrates the economic impact of the lockdown regulations on restaurant employers and employees from March 2020 to July 2021. Data revealed that lockdown regulations such as the alcohol bans and the social distancing protocols were deterring factors for citizens not to dine out. The national curfew legislation during this year was also influential, but when curfews were eradicated, restaurant patronage remained at a minimal. The temporary and intermittent closure of restaurants and the alteration of dinein meals being sold as takeaway meals negatively impacted the revenue and profits of these businesses. Therefore, even well-established local restaurants and international franchises experienced substantial financial losses which resulted in many job losses and permanent closures. This micro study compliments and contributes to other studies on restaurants in KwaZulu-Natal and South Africa.

Marion van Lunenburg, Karin P M Geuijen, A. Meijer

Social and sustainable initiatives generally start small and need to scale to create substantial impact. Our systematic review of 133 articles develops a better understanding of this scaling process. From the literature, we conceptualize impact as the result of two different pathways: ‘scaling out’ (extending geographical space or volume) and ‘scaling up’ (influence on public discourses, political agendas and legislation). The review identified strategy, actor characteristics and institutional environment as key factors for scaling. The literature indicates that for strategy a focus on open structures generates speed and higher impact, but we also found critical views on this. The literature shows that the actor characteristics such as the ambition to scale, equal focus on the economic and the social logic, entrepreneurial skills and leadership are positively related to the level of impact. The institutional environment influences actor characteristics and strategy choices and also has a direct effect on the level of social and sustainable impact.

J. Hannan

A. L. Klymenko

The preconditions and directions of improving legal regulation of telecommuting have been studied. The author has found out the specifics of the legal nature of the concepts of “work from home” and “telecommuting” in terms of the approach to the possibilities of various forms of labor organization and labor relations regarding the events related to the pandemic (COVID-19) and consequences for the Ukrainian labor market. Based on the application of general and special methods of scientific cognition, the author has clarified the essence and has expanded the content of two independent types (forms of work): telecommuting and work from home in the context of amendments in domestic labor legislation (draft Law No. 4051: Articles 601 and 602). The institutional nature of the concepts of “remote work”, “teleworking”, “telecommuting”, “work from home” from the standpoint of international experience has been revealed. It has been concluded that work from home is considered more sustainable concept, while telecommuting is remote work from anywhere, with a flexible schedule. It has been clarified that the term of “work from home” in the context of the pandemic (COVID-19) is used in the legislation of a number of foreign countries to denote only remote work at home as a temporary alternative workplace. The author has characterized the mechanism of the organization of telecommuting and work from home according to the draft Law No. 4051, in particular, the author has revealed characteristic features, adaptation mechanism, obligations and responsibilities of the parties, features of measuring the productivity of employees. Based on studying the experience of foreign countries in matters of legislative provision of telecommuting (Austria, the Netherlands, Poland, USA) and the practice of domestic companies, it has been concluded that the home workplace is nothing more than an “extension” or “superstructure” of the employer’s workspace within the organization of the work from home. The author has substantiated the rational approaches based on the current state of affairs at the labor market and in the economy of Ukraine regarding the most correct interpretation of these norms by both parties – employees and the employer to minimize any misunderstandings and risks. Given the risks of the external environment as a possible danger, it has been suggested an in-depth rethinking of approaches to legal support for the work from home and telecommuting, taking into account international practice and recommendations of the International Labor Organization. The emphasis has been placed on the need to find alternative solutions that are in the plane of social responsibility of the employer in matters of protecting labor rights of employees and the prevention of any discrimination.

Alla ORLOVA

The principles of good governance, approved by the Committee of Ministers of the Council of Europe in 2008, are seen as markers that determine the level of implementation of democratic values in Ukraine, which is confidently moving along the European path of social development chosen by the people. The role of civil society as a subject of implementation in Ukraine of the principles of good governance and its influence on the state policy on the implementation of European democratic values is substantiated. In order to identify the state of implementation in Ukraine of the principles of good governance contained in the European Strategy for Innovation and Good Governance at the local level, an analysis of the process of their implementation in Ukraine through the National Strategy for Civil Society Development for 2016-2020 (hereinafter - National Strategy). 2020). In particular, the current state of reflection in the legislation of Ukraine of the recommendations of the Committee of Ministers of the Council of Europe on the implementation of the principles of good democratic governance is analysed. It is revealed to what extent the freedom of expression of different opinions and participation of citizens in the processes of social development during the implementation of the National Strategy 2020 is ensured in Ukraine. The article substantiates a set of measures to update the process of implementing the principles of good governance in the implementation of state policy to promote the development of civil society. In particular, the ways of further implementation of the principles of good democratic governance in Ukraine in the next National Strategy for 2021-2026 (hereinafter - the National Strategy-2026) are proposed.

David Miller, F. Hayek

Volodymyr Venher

The article focuses on problematic issues of the implementation of the right to the social protection of persons who have suffered from an armed conflict in Eastern Ukraine. It presents a general analysis of the shortcomings of national legislation that limits the constitutional provisions for citizens of Ukraine to obtain the appropriate level of social protection. The article shows the problems of the status of internally displaced persons (IDPs), which should provide for them additional guarantees from the state, including social ones. However, the carried out research shows that this status often becomes a discriminatory factor that imposes disproportionate restrictions on individuals. The current legal regulation of social payments for internally displaced persons contains a number of rigid and rather complicated administrative procedures that significantly restrict, and in some cases even generally make it impossible to obtain social protection. The only effective remedy for the protection of an infringed right for pensions or other social benefits for internally displaced persons is an appeal to a court. The courts do not always carry out effective and prompt protection of the violated law. Despite positive examples of judicial practice, it can not always provide an adequate and well-timed level of social protection, which causes the need for the improvement of national legislation.

Ailsa Rutter, Andy Lloyd, Catherine Taylor et al.

Background and challenges to implementation England's comprehensive smokefree law (workplaces and enclosed public places), introduced in 2007, has been effective in protecting public health and has enjoyed increasing public support (86% in the NE in 2017) and consistent high compliance. The decade since has seen continued focus in the North East of England around protection from secondhand smoke, normalising smokefree spaces and building public support through a social movement around 'Making Smoking History'. Intervention or response Working with partners in local government and the health service, Fresh - the NE's regional comprehensive tobacco control programme - has delivered sustained activity to reinforce the importance of protection from secondhand smoke including training of front line staff and also voluntary policies around smokefree outdoor areas frequented by children, lobbied for further evidence based legislation whilst highlighting the ultimate aim of encouraging smokers to quit. Results and lessons learnt New regulations were introduced in 2015 to extend the smokefree law to cover private vehicles carrying children under 18 (91% NE public support). With 40% of NE smokers reporting they still smoke in the home, the need for ongoing education is clear and in 2017 Fresh ran a “secondhand smoke is poison” campaign with a hard hitting message around taking smoking right outside the home and the importance of protecting children from exposure. Conclusions and key recommendations The success of the smokefree law has led the way in increasing public support for existing and potential tobacco control measures. It has provided the opportunity to go beyond the scope of the law by introducing new smokefree areas. Further legislation to make all private vehicles smokefree would be welcome. It has been important to place this work within an overall programme where quitting tobacco remains the goal. Overall smoking in the NE has declined by 41% in this decade.

Jonathan Purtle

M. Hebl, Laura G. Barron, C. Cox et al.

Benjamin Kuntz, Thomas Lampert

Abstract Background Children who are exposed to secondhand smoke (SHS) have an increased risk of a wide range of health problems and illnesses. Smoke-free legislation aims to improve indoor air quality and in this way protect the health of people who do not smoke. This paper examines trends in SHS exposure at home among children in Germany since the introduction of smoking bans in public places. Special focus is placed on the importance of the family of origin’s socioeconomic status (SES) and on parental smoking behaviour. Methods The analyses are based on two waves of the “German Health Interview and Examination Survey for Children and Adolescents” (KiGGS)—one of which was conducted immediately before the introduction of central smoke-free legislation in the 2003-2006 period, the other approximately 6 years later from 2009 to 2012. A comparison is made between the answers given by the parents of children aged between 0 to 6 (KiGGS baseline study, n = 6680; KiGGS Wave 1, n = 4455). Domestic SHS exposure is covered in the parent interviews by asking whether anyone is allowed to smoke at home in the presence of their child. Parental smoking behaviour is determined separately for mothers and fathers. SES is determined on the basis of the parents’ education, occupational status and income. Results The percentage of 0- to 6-year-old children exposed to SHS in the parental home fell from 23.9 to 6.6 % in the period from 2003-2006 to 2009-2012. At the same time, the percentage of children with at least one parent who smokes decreased from 49.8 to 41.8 %. While relative social inequalities in parental smoking behaviour have tended to increase over time, inequalities in domestic SHS exposure have persisted. Children whose parents smoke and children from low-SES families are still most likely to be exposed to tobacco smoke. In both study periods and after statistical adjustment for parental smoking behaviour, children with a low SES had a 6.6-fold higher risk for SHS exposure in the parental home than children from high-SES households. Conclusions The results of the KiGGS study show that the proportion of children in Germany who are exposed to SHS at home has declined significantly over the last few years. There is much to suggest that the smoke-free legislation that has been introduced in Germany has led to a heightened awareness of the health risks of SHS both in public and in the private sphere, as well as to a denormalization of smoking. Children whose parents smoke, and among them particularly children from socially disadvantaged families, should be recognised as key target groups when implementing future tobacco-control measures.