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Defining Piracy Under International Law: The Process and the Problems 国际法下的海盗定义:过程与问题
Law & Society: Public Law - Crime Pub Date : 2018-04-02 DOI: 10.2139/ssrn.3362181
Akshat Bhargava
{"title":"Defining Piracy Under International Law: The Process and the Problems","authors":"Akshat Bhargava","doi":"10.2139/ssrn.3362181","DOIUrl":"https://doi.org/10.2139/ssrn.3362181","url":null,"abstract":"This paper aims to trace the formation of treaties, conventions, legal and non-legal documents formed under international law by states and international organisations to combat the acts of piracy on the high seas and international waters, focusing on the evolution of the definition of “Piracy” through the years.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128321482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Preventing or Fomenting Crime: A Contribution to the Lott – Donohue Debate 预防或煽动犯罪:对洛特-多诺霍辩论的贡献
Law & Society: Public Law - Crime Pub Date : 2018-03-12 DOI: 10.2139/ssrn.3138902
M. Weisser
{"title":"Preventing or Fomenting Crime: A Contribution to the Lott – Donohue Debate","authors":"M. Weisser","doi":"10.2139/ssrn.3138902","DOIUrl":"https://doi.org/10.2139/ssrn.3138902","url":null,"abstract":"This paper contains a discussion about the debate between John Donohue and John Lott regarding the relationship between right-to-carry (RTC) licensing and crime rates. It covers the most important publications of both scholars and reviews the assumptions which guided their work, as well as the findings and conclusions of each. The paper also examines the use and value of regression methodologies in developing each thesis and concludes with suggestions for a different perspective on the part of gun-violence scholarship.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132470298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Leniency, Asymmetric Punishment and Corruption: Evidence from China 宽大、不对称惩罚与腐败:来自中国的证据
Law & Society: Public Law - Crime Pub Date : 2018-01-01 DOI: 10.2139/ssrn.2718181
M. Berlin, Bei Qin, G. Spagnolo
{"title":"Leniency, Asymmetric Punishment and Corruption: Evidence from China","authors":"M. Berlin, Bei Qin, G. Spagnolo","doi":"10.2139/ssrn.2718181","DOIUrl":"https://doi.org/10.2139/ssrn.2718181","url":null,"abstract":"Fostering whistleblowing through leniency and asymmetric sanctions is regarded as a potentially powerful anti-corruption strategy in the light of its success in busting cartels. The US Department of Justice started a pilot program of this kind in 2016. It has been argued, however, that introduced in China in 1997, these policies did not help against corruption. We map the evolution of the Chinese anti-corruption legislation and aggregate enforcement data, documenting a large and stable fall in prosecuted cases after the 1997 reform. The fall is consistent with reduced corruption detection, but under specific assumptions also with improved deterrence. To resolve the ambiguity, we collect and analyze a random sample of case files from corruption trials. Results point indeed at a negative effect of the 1997 reform on corruption detection and deterrence, but plausibly linked to its poor design: contrary to what theory prescribes, it increased leniency also for bribe-taking bureaucrats that cooperate after being denounced, enhancing their ability to retaliate against whistleblowing bribe-givers.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133153488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 13
The Impact of Terrorism on Turkey's Economic Performance from 1990 to 2016 恐怖主义对1990 - 2016年土耳其经济表现的影响
Law & Society: Public Law - Crime Pub Date : 2017-11-09 DOI: 10.2139/ssrn.3067860
Mario Arturo Ruiz Estrada, Donghyun Park, Alam Khan
{"title":"The Impact of Terrorism on Turkey's Economic Performance from 1990 to 2016","authors":"Mario Arturo Ruiz Estrada, Donghyun Park, Alam Khan","doi":"10.2139/ssrn.3067860","DOIUrl":"https://doi.org/10.2139/ssrn.3067860","url":null,"abstract":"This research work applies the terrorist attack vulnerability evaluation model (TAVEModel) to evaluate the effect of terrorism on the economic performance of Turkey. We examine both the short run and long-run economic impact of terrorist attacks in Turkey. The TAVE-Model applies a number of indicators to evaluate the economic impact. The indicators are economic desgrowth (-δ), intensity of terrorist activities (αi), terrorist attack losses (-π), economic wear (Π), level of terrorist attack tension (ζ), level of terrorist attacks monitoring (η), and total economic leaking (Ωt) under a terrorist attack. The idea of TAVE-Model is that the economic impact of a terrorist attack depends on a country’s vulnerability to attacks from domestic and international terrorist groups. The application of a model to Turkey is highly topical in light of the spate of terrorist attacks the country suffered recently. The results of TAVE-Model confirms that economic leaking, economic desgrowth, and economic wear has increased from the 1990s to 2016. The issue of terrorism in Turkey is multidimensional, which requires an effective social assistance program as well as a stronger and impartial justice system, that will render poorer Turks and will increase the opportunity cost of terrorism.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129194714","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Out of Many, One? Strasbourg's Ibrahim Decision on Article 6 众而为一?斯特拉斯堡关于第6条的易卜拉欣决定
Law & Society: Public Law - Crime Pub Date : 2017-11-01 DOI: 10.1111/1468-2230.12305
Ryan Goss
{"title":"Out of Many, One? Strasbourg's Ibrahim Decision on Article 6","authors":"Ryan Goss","doi":"10.1111/1468-2230.12305","DOIUrl":"https://doi.org/10.1111/1468-2230.12305","url":null,"abstract":"This case comment considers the European Court of Human Rights decision of Ibrahim v United Kingdom on 13 September 2016. Relying on Salduz v Turkey, the applicants claimed, largely unsuccessfully, that denial of access to a lawyer during police questioning, and subsequent admission into evidence of statements made in the course of that questioning, violated fair trial rights protected by Article 6 of the European Convention on Human Rights. The comment suggests that the decision's unusually emphatic statements about Article 6's 'internal structure' have consequences for assessing violations in future applications. Further, the decision creates greater room for public interest balancing in Article 6 cases. The decision may thus undermine the Article 6 guarantees.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125285289","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Penas (DCH) (Punishment (DCH))
Law & Society: Public Law - Crime Pub Date : 2017-11-01 DOI: 10.2139/SSRN.3064804
Sebastián Terráneo
{"title":"Penas (DCH) (Punishment (DCH))","authors":"Sebastián Terráneo","doi":"10.2139/SSRN.3064804","DOIUrl":"https://doi.org/10.2139/SSRN.3064804","url":null,"abstract":"Spanish Abstract: El articulo desarrolla la nocion y caracteristicas de la sancion penal canonica en el ambito de la America hispana durante la Edad Moderna. Se estudian los principios generales a la luz de los Terceros Concilios de Lima y Mexico, la diversa tipologia y se analizan, en particular, las principales penas aplicadas en ese marco espacio-temporal. \u0000 \u0000English Abstract: The article develops the notion and characteristics of the canonical penal sanction in the field of Hispanic America during the Modern Age. The general principles as well as the different typology are studied in light of the Third Councils of Lima and Mexico, and, in particular, the main punishments applied in that space-time framework are analyzed.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130915329","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
This Side of the Law: Evaluating Citizens' Attitudes Toward Legal Compliance 法律的这一面:评价公民守法态度
Law & Society: Public Law - Crime Pub Date : 2017-07-28 DOI: 10.2139/ssrn.3021228
Damon M. Cann, Jeff Yates
{"title":"This Side of the Law: Evaluating Citizens' Attitudes Toward Legal Compliance","authors":"Damon M. Cann, Jeff Yates","doi":"10.2139/ssrn.3021228","DOIUrl":"https://doi.org/10.2139/ssrn.3021228","url":null,"abstract":"A fundamental concern of government is getting citizens to comply with its laws. Yet, citizen beliefs on the importance of following the law have received relatively little attention in political science scholarship. People's feelings regarding legal compliance are driven by a dynamic and nuanced set of influences. In this study we explore the degree to which people are committed to the rule of law and the importance of legal obedience. We employ a structural equation modeling approach to assaying the factors that influence citizens' beliefs regarding the importance of following the law. We find that citizens' perceptions on the legitimacy of legal institutions and justice system scandals, among other considerations, can impact the importance citizens' attach to obeying the law. Some factors also wield indirect effects on compliance attitudes by influencing citizens' views regarding the legitimacy of courts. Our paper provides novel insights on this core aspect of government-citizen dynamics.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123670593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Imprisonment and the Right to Freedom of Movement 监禁和行动自由权
Law & Society: Public Law - Crime Pub Date : 2017-05-19 DOI: 10.2139/SSRN.3664812
R. Hughes
{"title":"Imprisonment and the Right to Freedom of Movement","authors":"R. Hughes","doi":"10.2139/SSRN.3664812","DOIUrl":"https://doi.org/10.2139/SSRN.3664812","url":null,"abstract":"Government’s use of imprisonment raises distinctive moral issues. Even if government has broad authority to make and to enforce law, government may not be entitled to use imprisonment as a punishment for all the criminal laws it is entitled to make. Indeed, there may be some serious crimes that it is wrong to punish with imprisonment, even if the conditions of imprisonment are humane and even if no adequate alternative punishments are available.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132558681","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
‘What Do I Do with the Porn on My Computer?’: How a Lawyer Should Counsel Clients about Physical Evidence “我该如何处理电脑上的色情内容?”:律师应该如何就物证向客户提供咨询
Law & Society: Public Law - Crime Pub Date : 2017-05-18 DOI: 10.2139/SSRN.2970762
P. Joy, R. Uphoff
{"title":"‘What Do I Do with the Porn on My Computer?’: How a Lawyer Should Counsel Clients about Physical Evidence","authors":"P. Joy, R. Uphoff","doi":"10.2139/SSRN.2970762","DOIUrl":"https://doi.org/10.2139/SSRN.2970762","url":null,"abstract":"This Article critically analyzes the legal and ethical limits of advice a lawyer may give clients about evidence of crimes, and provides examples of that advice in a number of situations involving clients with questions about what they should do with real and electronic evidence. When criminal charges have not been brought and are not expected, how much latitude does a lawyer have in giving advice to a client? When may a lawyer counsel a client to destroy contraband or other evidence of a crime? When a lawyer may not counsel destruction, is a lawyer legally and ethically permitted to discuss the law and an assessment of the risks and possible legal consequences of destroying the contraband or other evidence of crimes? \u0000This Article also fills the void in the legal ethics and criminal law literature on how to be both an ethical and an effective lawyer when a client seeks straightforward advice about handling contraband or other evidence of possible crimes.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"23 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120906040","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Fighting Organized Crime in Kosovo 在科索沃打击有组织犯罪
Law & Society: Public Law - Crime Pub Date : 2017-02-24 DOI: 10.2139/ssrn.2922972
Fatos Haziri
{"title":"Fighting Organized Crime in Kosovo","authors":"Fatos Haziri","doi":"10.2139/ssrn.2922972","DOIUrl":"https://doi.org/10.2139/ssrn.2922972","url":null,"abstract":"Organized crime can endanger the security of any country, but particularly those with fragile democracies that lack experience effectively managing it. Such crime is a considerable threat to the security of every country in the Balkans, to the region in general and specifically to Kosovo. \u0000Events in the former Yugoslavia in 1990-1999 created great difficulties not only for the new states that emerged, but also for their integration and development. The region is known as an “organized crime haven.” While this epithet may be an exaggeration, the truth is that for the last 20 years, while various industries have failed, the organized crime “industry” has been thriving, working day and night at full capacity. \u0000Since 1999, Kosovo has gone through three phases of institutional transition: the United Nations Mission in Kosovo (UNMIK) period in 1999-2008; the declaration of independence on February 17, 2008; and the arrival of new European Union Rule of Law (EULEX) mission in 2009 that was established to facilitate the integration process with the EU. Nonetheless, the international community still considers the region to be fragile and challenging. This has caused a major shift in the geostrategic assessment of the Balkans’ importance. The region is now seen not for its natural or military advantages, but for the risks that it can export. Predominant among them is the phenomenon of organized crime.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121542827","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
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