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Question
- Sep 2011
Is the Law in position to active protecting from active organize criminal or it's situation out from control by comunity?
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Question
- Sep 2018
I'm going deeper about the class actions in American law system.
I've started analyzing Rule 23 of Federal Rule of Civil Procedure and then I've tried to deepen the law and economics approach on class action.
Could someone recommend me an article, a review or a textbook that deals with the relationship between class action and instrumental theory of tort law? It would be great also to consult some text concerning the social function of class action and its effects, both economic and social
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Question
- Oct 2017
I'm doing a PhD in law, specializing in maritime law and policy. Besides, I'm a music lover just like anybody else. I'm wondering if there is a relationship between music and law that could be in existence. I've dug some researches and have founded out that this topic has actually been mentioned (For example in Hanne Petersen's articles on law and music http://commission-on-legal-pluralism.com/volumes/41/petersen-art.pdf).
Law and policy has always been viewed as a dry topic which full of hard-to-digest legal terms and language, and thus may leave many room for debate. I'm not a lawyer and do not have any legal background, thus sometimes I find it really hard to understand a piece of legislation. So if we can compare it to a sheet of music, with rhythms and base chords as a foundation, maybe it will be easier to be comprehend, and easier to be developed, won't it? Many scholars has written about the relationship between music and spoken language, and music always represent a specific tradition (because it creates such tradition) of a society, regardless of the size, whether it is just a small group which sharing the same interest, or even a nation. If language is formed from music, and law consisting of specialized language, then I strongly believe law and music do share a certain commonalities.
On the other hand, everything in this universe is created from a certain set of law. Law of gravity, law of attraction, you name it. Are they just branches that all derive from a single set of the most basic law, like natural law? if this is the case, then they must certainly have some relationship to each other, correct? Could anyone of you who're interested in this topic please shed some light for me ? Much appreciate it.
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Question
- Jun 2014
Semantic externalists, like Kripke and Putnam, famously argued that the reference of natural kind terms can be explained without analysing the internal mental states of speakers. Those terms refer to whatever happens to have a certain nature or structure that the instances of natural kinds share, i.e. the reference is defined by conditions that are external to our mind. Do you think that the externalist approach can explain the reference of non-natural kind terms? Putnam suggested that the externalist approach can be extended to artifacts, like pencils. But can we explain the reference of theoretical or abstract terms in the same way? I am a lawyer, so I would like to analyse the meaning of the words like "proportionality", "justice" or "equality" in an externalist way. Is it viable?
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Question
- Feb 2015
I need an example. In my case, a neighboring country supported the possible secession of a people within an existing state. Those people within that state were subject to systematic discrimination.
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Question
- Oct 2017
I'm working on EPFM simulation. Wanted to know effect of penalty stiffness on load-displacement curve.
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Question
- Sep 2016
In Belgium, a citizen can sue on behalf of the municipality he lives in and the municipal government (mayor and aldermen, those who normally decide over starting a suit or not) cannot prevent the individual of suing on behalf of the municpality.
It resembles the qui tam procedure known in the U.S.A. When the suit is lost, the suing individual must pay, when he wins, the gains from the suit flow to the municipality.
In Belgium it's mostly used in environmental lawsuits (non-pecuniary injunctions) because those suits can only be started by the municipality and not an individual.
Similar procedures existed until 1966 in the Netherlands and still exist in France and Luxembourg, apparently all three modeled after the Belgian example (law of 1836).
In France and Luxembourg however, the indivudual needs the approval of his action by the administrative court (France) or the national government (Luxembourg).
Does such a procedure also exist in other countries?
Primary legal sources:
- Belgium: Loi communale / Gemeentewet, art. 271 (1988 version, still valid in the Brussels region, originally art. 150 of the 1836 law)
- Flanders: Gemeentedecreet, art. 194
- Wallonia: Code de la démocratie locale et de la décentralisation, art. L1242-2
- France: Code général des Collectivités Territoriales, art. L 2132-5 (originally art. 49.3 of the 1837 law)
- Luxembourg: Loi communale, art. 85 (originally art. 107 of the 1843 law)
- Netherlands: Gemeentewet, art. 143.3 in original 1851 version, art. 177.3 in 1966 when abolished
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Question
- Aug 2022
"Committing a crime violates social laws, while deviant behavior violates social norms and rules" (Sociological Theories of Crime - July 27, 2021).
Having a deviant behaviour may or may not lead a person to commit a crime. Can anyone help me understand how does having a deviant behavior lead a person to commit a crime? How much push/power a person with deviant behavior need before he/she commits a crime? Please provide citation for any references (sociology journals, government websites, law journals, courts documents, other reading materials).
I am specifically looking for what stop these people from committing criminal acts. If they passed the hurdle (not bounded by the factor that stops them), what stop them to commit only one criminal act (self-reflect, intervention and punishment by the law come to my mind)? If there are some studies done regarding this for any type of criminal acts, I would like to read them.
There must be something regarding people committing crimes with no discernible deviant behaviors.
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Question
- Oct 2014
Public police is in Belgium the first and most important provider of surveillance and control (and registration) of social disorder in the public domain. I am searching for sholars publishing on the same topic in other countries, EU and not EU to join my network. Is surveillance and control in the public domain on petty crime and social disorder pluralised or not? Are tendencies towards plural policing wide spread in Europe?
Thank you
Deleted research item The research item mentioned here has been deleted
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Question
- Jul 2016
I know of many great Marxist criminologists but no legal scholars working on criminal law from an explicitly Marxist perspective. I am interested in Marxist theoretical analysis of the form & content of criminal law.
Thanks!!
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