Results 101 to 110 of about 9,815 (262)

Patient Safety and Organisational Accountability: Reassessing Criminal Liability Frameworks in Healthcare

open access: yesThe Modern Law Review, EarlyView.
Serious harm in healthcare often results from systemic failures, yet criminal accountability remains largely addressed through homicide law, gross negligence manslaughter and health‐and‐safety offences, frameworks that emphasise individual culpability and are ill‐suited to addressing organisational failings.
Sarah Bennett, Amel Alghrani
wiley   +1 more source

X v The Lord Advocate: Challenges and Concerns for Vicarious Liability

open access: yesThe Modern Law Review, EarlyView.
In X v The Lord Advocate, the Supreme Court of the United Kingdom held that the Crown cannot be vicariously liable for torts committed by judges. This case note critically examines what could be viewed as two significant doctrinal shifts that were introduced by this ruling.
Haim Abraham
wiley   +1 more source

CRIMINAL AND LEGAL PROTECTION OF HEALTH ENVIRONMENT ACCORDING TO THE NEW CRIMINAL CODE OF THE REPUBLIC OF SERBIA

open access: yesPravo, 2007
A conclusion drawn from the presented ideas in this article, is that the protected object in this type of crime, in the national and international criminal legislation, lies in the fundamental human right to healthy and relatively protected environment ...
Miroslav Vrhovšek
doaj  

The Doctrine of State Necessity

open access: yesThe Modern Law Review, EarlyView.
This article examines the doctrine of state necessity as a distinct but relatively underexplored doctrine of constitutional law. Drawing on case law from a range of jurisdictions, it considers instances in which courts have accepted otherwise unconstitutional measures as lawful in order to preserve the operation of state institutions or protect ...
Athanasios Peftinas
wiley   +1 more source

Why Bulk Discount for Multiple Offenders? A Lexical Local Justification

open access: yesThe Modern Law Review, EarlyView.
This paper offers an original non‐consequentialist justification for the ‘bulk discount’ given to offenders who are sentenced for multiple counts in a single proceeding, a discount that is available in most jurisdictions. Existing justifications for this practice face serious objections. I propose a new account, ‘Lexical Local Justification’.
Peter Chau
wiley   +1 more source

Obligation, Exemption and Remission: The Multi‐Layered Functioning of the Poll Tax (Cizye) in Ottoman Governance during the Long Eighteenth Century

open access: yesHistory, EarlyView.
Abstract This article examines the poll tax (Ottoman Turkish cizye; Arabic jizya) levied on non‐Muslim subjects of the Ottoman Empire, not as a fixed, one‐dimensional tax item within the Ottoman fiscal system but as a multi‐layered administrative instrument organized around obligation, exemption and remission.
ÖZLEM BAŞARIR
wiley   +1 more source

PERTANGGUNGJAWABAN KORPORASI TERHADAP PEMBAKARAN HUTAN YANG BERKAITAN DENGAN TINDAK PIDANA LINGKUNGAN (Analisis Putusan Pengadilan Negeri Pelalawan Nomor :228/Pid.Sus/2013/PN.PLW)

open access: yesUnes Journal of Swara Justisia, 2019
This corporate liability is made possible through the doctrine of strict liability which in this doctrine of criminal responsibility can be charged to the perpetrator of a criminal offense concerned with no need to be proved wrong (intentional ...
Surya Khamisli
doaj  

CARE AND CONTROL IN URBAN BRAZIL: The Subaltern Archive of Portarias

open access: yesInternational Journal of Urban and Regional Research, EarlyView.
Abstract Security infrastructures permeate everyday life in Brazilian cities. Although security guards and doormen play an important and omnipresent role as social and technological mediators, their practices and perceptions have received little attention.
Tilmann Heil, Susana Durão
wiley   +1 more source

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