Cyberlaw: The nature of the Internet dictates a shift from unilateral nation-state regulation towards a multi-layered governance system in which there is a role to be played by both public and private bodies at both national and international
'The nature of the Internet dictates a shift from unilateral nation-state regulation towards a multi-layered governance system in which there is a role to be played by both public and private bodies at both national and international level.' The object of this essay is to analyse the regulation of the internet. Firstly, it will focus upon the changing nature of the internet, its proliferation during the 1990's and its consequent decentralisation. It will then examine how and why the methods of regulation have changed with time. The essay will consider the importance of public and private actors in initiating the shift towards a multi-layered governance system. It will then attempt to highlight the fundamental problems of the internet as a global phenomena (such as the proliferation of child pornography) which have rendered nation-state regulation insufficient. The final part of the essay will argue that even a multi-layered approach has its flows and even cross jurisdictional initiatives cannot adequately regulate harmful internet content and its free flow. It will also suggest ways forward. . The shift away from unilateral nation-state regulation. The Internet can be defined as; '...the global data communication system formed by the interconnection of public and private telecommunication networks...'1 More specifically, we define Internet governance as;
SCHOOL BULLYING & RESTORATIVE JUSTICE: THE LEGAL ISSUES FOR GOVERNMENT SCHOOLS
SCHOOL BULLYING & RESTORATIVE JUSTICE: THE LEGAL ISSUES FOR GOVERNMENT SCHOOLS Education has for its object the formation of character.1 I INTRODUCTION Childhood and schooling is recognized as a crucial period in a person's life for the 'formation of character',2 with both positive and negative experiences influencing a child's development well into adult life.3 School bullying is now recognized as one of the most potentially harmful experiences children may face during this highly vulnerable period.4 Traditionally, bullying in schools (and society in general) was ignored, condoned or even encouraged, with little support or management for victims and bullies.5 In the 1970's momentum gathered within education for a more proactive approach to school bullying,6 in response to a greater understanding of its effects and also the threat of detrimental civil action against the schools by victims of bullies.7 However, schools and staff largely adopted punitive methods to manage incidents of school bullying,8 including suspension and expulsion which are supported legislatively in all Australian jurisdictions except South Australia.9 Increasingly, restorative practices have been recognized as providing a more effective solution to the problem of bullying in schools,10 but the transition from a punitive to non-punitive paradigm faces a number of legal (and social) barriers
Introduction This essay discusses the social issues relating to prostitution and proposes that prostitution should be legalised but regulated to reduce problems and harms of prostitution to both the society and prostitutes (my goals). My proposed regulatory rules (my framework) aimed at achieving the said goals are discussed. This essay will conclude that although my framework has its limitations, it is effective in achieving the said goals. Social Problems of Prostitution "Prostitution" is the practice of engaging in sexual activity with someone in return for payment1. Prostitution has been described as "the choice made by those who have no choice"2. Prostitutes are more likely to be women disadvantaged by poverty, poor or no education, sex and race discrimination, who have no other economic options; or childhood sexual abuse, with little opportunity for anything else3. A prostitute may engage as a stripper, escort, street-walking prostitutes, or as a sex worker in hotel, massage parlour or brothel. As the dominant prostitutes in the world are female, this essay will generalise that all prostitutes mentioned are female, whereas the clients or patrons are male. There are many social problems of prostitution. Firstly, regardless of the sex work choices and physical location where prostitution takes place, violence and abuse against prostitutes are inevitable: verbal and
According to a sophisticated reading of Marxs theory of historical materialism to what extent is the legal system the product of, or determined by the economic system? Do you think that Marx, on this sophisticated reading, underestimated the significan
According to a sophisticated reading of Marx's theory of historical materialism to what extent is the legal system the product of, or determined by the economic system? Do you think that Marx, on this sophisticated reading, underestimated the significance of law in modern societies? The core of Marx's historical materialism contains a rejection of the largely idealistic philosophies, which credits the human mind with the ability to transcend the circumstances of existence to make their own history1. Materialism states that human behaviour is determined by patterns of evolution conditioned by external forces, and Marx insists that the consciousness is conditioned by social relations, which inturn are conditioned by the forces of production2. However, it is a problematic when applied to the analysis of law, for legal institutions and rules are often perceived as purposive human creations, the products of deliberate conscious action. The different readings of theory of historical materialism have to explain how these consciously created laws are ultimately determined by material circumstances, and to what extent the legal system is determined by economics. The basic form of Marx's historical materialism can be explained as follows: the requirements which are vital to sustain the most elementary forms of social life, that is, food, shelter and clothing are met by the
Restorative Justice and Serious Crime
RESTORATIVE JUSTICE & SERIOUS CRIME I INTRODUCTION 'An eye for eye only ends up making the whole world blind... ...we win justice quickest by rendering justice to the other party'1 Since the emergence of Restorative Justice (RJ), many critics have argued its use is inappropriate for serious crime,2 asserting it to be too 'soft' on criminals, and fails to deter crime by sending the wrong message to potential perpetrators.3 However, such arguments ignore the complexity of issues associated with serious crime,4 not only in how we respond but also in how we perceive crime and the people involved.5 Addressing the problem of serious crime must entail moving beyond the nescient, 'eye for an eye' approach demanded by the critics,6 who all too readily resort to ineffective 'zero tolerance' policies in response to serious crime issues.7 RJ offers a fresh new approach,8 and this paper will critically examine the viability of such a paradigm shift, and how it might impact on the participants in the process. II WHAT ARE WE TRYING TO ACHIEVE IN CRIMINAL JUSTICE? Examination of RJ principles in application to serious crime first requires identification of the key objectives of justice.9 The key goals of justice are reflected in the NSW Attorney-General's 'Role' and 'Vision' statements,10 and are to '[p]rovide a just and safe society through the reduction of crime, protection of
"Perspective of Alternate Dispute Resolution"
Perspective of Alternate Dispute Resolution (Term Paper towards partial fulfillment of the assessment in the subject of Arbitration and Alternative Dispute Resolution) Submitted by: Submitted to: Abhishek Kodap (349) Dr. Swati Mehta Yudhister Meena (398) Faculty of Law IXth Semester National Law University, Jodhpur Summer Session (July - November 2009) ACKNOWLEDGMENTS We take this opportunity to express our gratitude and personal regards to Dr. Swati Mehta, for making this research possible. Her support, guidance and advice throughout the research project are greatly appreciated. We would like to thank our parents, for encouraging throughout our all semesters and for bringing us into such a position to undertake such a term-paper. Our friends, for encouraging us to work hard and extending their kind support. Also we are thankful to all those people who helped us in preparing this project. Yours Sincerely Abhishek Kodap Yudhister Meena Table Of Contents s.no. Pg. no Chapter 1 Introduction 4 2 Chapter 2 Alternate Dispute Resolution at National level 6 3 Chapter 3 Legislative efforts towards ADR in India 7 4 Chapter 4 Judicial efforts towards ADR in India 9 5 Chapter 5 ADR at
Where a suspect is found to be a juvenile or mentally disordered, PACE Code C 3.15 stipulates that a custody officer must, as soon as practicable ask an appropriate adult to come to the station and see the suspect. Palmer identifies that due to,
The due process safeguards under PACE 1984 provided for suspects' who are either juvenile, mentally disordered, vulnerable or in need of medical attention at the police station, frequently aren't enforced. Where a suspect is found to be a juvenile or mentally disordered, PACE Code C 3.15 stipulates that 'a custody officer must, as soon as practicable'1 ask an appropriate adult to come to the station and see the suspect. Palmer identifies that due to, 'their lack of training in mental health issues'2 custody officers commonly fail to identify suspects' with such ailments. This type of police working practice leads to vulnerable suspects' being interviewed without appropriate adults present. This is demonstrated by the study carried out by Nemitz and Bean 1994, in which a large portion of the police officers were unsure as to who constituted a vulnerable suspect.3 Time restraints placed upon the length of police custody, often encourage police officers to interview suspects whom they consider to have mild mental disorders, without appropriate adults; Palmers emphasizes that to avoid time delays officers, 'simply go ahead'4 with interviews, as appropriate adults often take time to arrive at the station. Suspects who arrive at the station in need of medical assistance commonly do not receive it. Sanders et al assert that only a few suspects receive the medical attention they
Continental Legal System vs. Common Legal System
Outline: Continental and Common Legal System .1 Continental Legal System .2 Common Legal System .3 Difference between Common and Continental Legal system 2 Substantive and Procedural Law 3 Criminal Law and Procedure 4 Civil Law and Procedure 5 Difference between Criminal and Civil Procedure 6 Bibliography Law is a set of general rules which are created by a superior entity in order to regulate human behaviour and maintain justice and peace in the society. Law applies to everyone living in a particular territory1. The system which interprets law is known as legal system. There are as many legal systems in the world as countries, but for academic reasons we classify them into three main categories: Continental (Civil) legal system, Common (Anglo-American) legal system and Religious legal system. Law can be split up in different branches such as, Criminal law, Civil law, Commercial law, etc. In this essay I will discuss the differences between Criminal and Civil procedure in Continental and Common legal system. Continental and Common Legal System: Continental Legal System: Continental legal system is the oldest and most widely implemented legal system in the world. It derives from Roman law, Canon law and Commercial law. The Roman law started its contribution by the XII Tables which were published in 450 B.C. Later in the year 530 Justinian codified Roman law by
Why is defence afforded to a perpetrator of a criminal act whether he is a principal or secondary offender?
Table of Statutes Criminal Law Act 1967 - s3 (1) ... 3 Table of Cases Abdul-Hussain  Crim LR 570 ... 9 Becerra and Cooper (1976) 62 Cr App R 212 ... 12 Davidson  V.R.667 ... 6 Graham  1 WLR 294 ... 8 Inseal  Crim. L.R. 35 ... 12 Kingston  N.L.J.R. 724 ... 12 O'Flaherty  EWCA Crim 526,  Crim LR 751 ... 12 Re A (Children) (Conjoined Twins: Surgical Separation)  4 All ER 961 ... 4, 5 Southwark LBC v Williams  Ch 734 ... 5 Sullivan  2 All ER 673 ... 9 Tandy  1 All E.R. 267 ... 16 U.S. v Holmes, 26 Fed. Cas. 360 (1842) ... 7 Valderrama-Vega  Crim. L.R. 220 ... 7 Windle  2 QB 826 ... 10 INTRODUCTION All offences are made up of two elements, that is the actus reus and the mens rea. Under Criminal Law, if the prosecution has been able to prove the actus reus and mens rea of the offence, the defendant may be guilty unless he or she is able to establish a defence. Among all the defences, some are partial defences which do not lead to a complete acquittal, but only reduce the charge for which the defendant is convicted. It is for the prosecution to prove that the defendant was not relying on the defence if a defence is regarded as a denial of actus reus or mens rea.  In the theory of criminal law, it is common to distinguish between justification defences and excuse defences. In the
critically the impact of the SOA 2003 upon the offence of rape, with particular reference to the concepts of consent and mens rea.
The Sexual Offences Act 2003 came into force on the 1st May 2004 and was seen as a major overhaul in the sexual offences framework. Following the recommendations of the Home Office Review, Setting the Boundaries (2000)1 and the Government White Paper (2002)2 the Government considered that the existing law on sexual offences was "archaic, incoherent and discriminatory", and that it failed to reflect, "changes in society and social attitudes".3 As a result the 2003 Act was to repeal almost all of the existing statute law in relation to sexual offences and to strengthen and modernise the law on this area. The effect was to widen the category of persons who could be raped and also to widen the definition of what constituted rape, the idea being that the law should set out clearly what was unacceptable behaviour and provide penalties that reflected the seriousness of the crimes committed. Clarification of the law on consent and mens rea were regarded as particularly important, as well as to make the offences as gender-neutral as possible.4 This paper will address the impact that the Sexual Offences Act 2003 has had upon the concepts of consent and mens rea and also the criticisms it faced. Before delving straight into the new law as set out in the SOA 2003, it is first essential to clarify the old law on rape and to establish how and why the law on rape needed to be reformed.