Academic literature on the topic 'Draconian law'

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Journal articles on the topic "Draconian law"

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Precari, Rete Nazionale Ricercatori. "Italy: 'draconian' new law galvanizes demonstrations." Nature 456, no. 7219 (2008): 166. http://dx.doi.org/10.1038/456166a.

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Ragab, Hasan. "Egypt's new draconian press law: a tale of two sons." Review of African Political Economy 22, no. 66 (1995): 592–95. http://dx.doi.org/10.1080/03056249508704168.

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Freiberg, Arie. "'Jalal's Law': Driving Reform in the Wrong Direction." International Journal for Crime, Justice and Social Democracy 9, no. 2 (2020): 152–69. http://dx.doi.org/10.5204/ijcjsd.v9i2.1238.

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This article provides a case study of the process of criminalising a form of dangerous driving in Victoria. It examines the process whereby an ostensibly draconian Bill was transformed into one far less damaging to fundamental criminal law principles and illustrates how populism may be tempered by proper parliamentary procedures, cooperation between parties and a desire to balance political and legal imperatives. It also examines the place of constructive offences in the criminal law and the role that the consequences of an offence plays in the structure of the substantive criminal law and in
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Stone, Nigel. "The ‘Sexting’ Quagmire: Criminal Justice Responses to Adolescents’ Electronic Transmission of Indecent Images in the UK and the USA." Youth Justice 11, no. 3 (2011): 266–81. http://dx.doi.org/10.1177/1473225411420533.

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Adolescent embrace of electronic communication with peers often involves sharing indecent images of each other, sometimes with abusive consequences. How should the criminal justice system respond? Use of conventional child pornography legislation can be inappropriately heavy-handed and draconian. This article considers recent developments in the United States and considers how this mode of juvenile indiscretion fits with law, policy and practice in England and Wales.
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Fekete, Liz. "Detained: foreign children in Europe." Race & Class 49, no. 1 (2007): 93–104. http://dx.doi.org/10.1177/0306396807080071.

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The EU's target-driven and draconian deportation policy towards asylum seekers and undocumented migrant workers has a shocking but little heeded impact on minors, whether the children of asylum-seeking families, separated/unaccompanied minors seeking refuge or the children of sans papiers. The detention of children whose only crime is their parentage is now commonplace across Europe and often in contravention of international law. The harm done to children, as documented here, is incalculable.
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Bakhtiar, Handar Subhandi, Nurul Miqat, Nur Rafika, Andi Sri Rezky Wulandari, and Nila Kusuma Dewi Mira. "The Practice of People Smuggling in Indonesia: Draconian Laws for a Better Life." International Journal of Global Community 1, no. 2 (2018): 97–108. https://doi.org/10.5281/zenodo.1322999.

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The era of globalization and the mobility of goods and services across different countries have led to the emergence of transnational crimes, one of which is human smuggling. Many countries have been harmed either directly or indirectly by the crime of people smuggling, and most importantly, the rights of smuggled people are definitely neglected. The purpose of this paper is to analyze the strictness of Indonesian national legal provisions in relation to the crime of human smuggling and law enforcement activities conducted by the state apparatus in combating the practice of people smuggling in
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Walker, Clive. "The detention of suspected terrorists in the British Islands." Legal Studies 12, no. 2 (1992): 178–94. http://dx.doi.org/10.1111/j.1748-121x.1992.tb00464.x.

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Ever since November 1974, when the Home Secretary, Roy Jenkins, announced his ‘Draconian’ Prevention of Terrorism Bill, strong emotions have been aroused by the legislation. On the one hand, ardent supporters claim that the Acts have been ‘increasingly useful and necessary for the police’ and ‘the most powerful weapon in our counter-terrorist armoury’. On the other hand, there have been strident critics who not only denounce the Acts as a ‘flagrant violation of basic civil liberties’ but also support ‘the struggle against British imperialism [even if it] inflicts violence on citizens and can h
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Soyer, Baris. "Lies, Collateral Lies and Insurance Claims: The Changing Landscape in Insurance Law." Edinburgh Law Review 22, no. 2 (2018): 237–65. http://dx.doi.org/10.3366/elr.2018.0484.

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Determining the scope of the fraudulent claims rule in insurance law has posed a significant challenge for the courts, particularly in the last two decades. In the shadow of the doctrine of utmost good faith, the law in this area has developed in an uncompromising fashion introducing draconian remedies against an assured who submits a fraudulent claim. The Supreme Court's most recent intervention has provided much needed guidance on the state of the law. This article, taking into account the fact that in other areas of law more proportionate remedies have gradually been introduced, discusses t
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Campbell, John. "Where Kafka Reigns: A Call for Metamorphosis in Unlawful Detainer Law." University of Michigan Journal of Law Reform, no. 49.3 (2016): 557. http://dx.doi.org/10.36646/mjlr.49.3.where.

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This story reflects a new reality in which nonjudicial foreclosure, combined with draconian unlawful detainer laws, concretizes the injuries associated with wrongful foreclosure, degrades the perceived legitimacy of the courts, and suppresses valid claims of wrongful foreclosure. Indeed, this very scenario happens regularly in a variety of states. This story is a very real tale of how homeowners are harmed by a foreclosure process that has largely escaped scholarly review. Rooted in the belief that sunshine is a powerful disinfectant, this Article aims to shed light on states that hogtie homeo
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Tunc, André. "La Cour suprême des États-Unis." Revue française d'administration publique 57, no. 1 (1991): 127–34. http://dx.doi.org/10.3406/rfap.1991.2450.

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The United States Supreme Court. The highest judicial institution of a federated nation, the United States Supreme Court was designed as a political organ. The Court only examines those cases which enable it to fulfill its mission (to ensure the supremacy of federal law, to clarify this and to adapt it to the needs of today’s society). To this end, it carries out a very draconian selection from the cases referred to it. The decisions handed down are often accompanied by «concurring opinions» or «dissents » of great importance, in particular for legal development.
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Books on the topic "Draconian law"

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Jha, U. C. Armed forces Special Powers Act: A draconian law? Vij Books India Pvt. Ltd., 2015.

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Albin-Lackey, Chris. Pay the rent or face arrest: Abusive impacts of Arkansas's draconian evictions law. Human Rights Watch, 2013.

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Nowakowska, Natalia. Hollow Law? Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813453.003.0005.

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In the ‘core’ lands of the Polish Crown (korona), the chief instrument of King Sigismund’s Reformation policy was the anti-Lutheran edict. He issued eleven such edicts (1520–40), at a more prolific rate than any other prince in Christendom, the first predating even Pope Leo X’s famous Exsurge Domine bull against Luther. This chapter seeks to account for a central paradox: the edicts were draconian in content, but went entirely unenforced by the Crown, which repeatedly ignored local requests to implement them. The symbolic functions of anti-Reformation edicts, both internationally and domestica
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Allegro, Linda. On Removing Migrant Labor in a Right-to-Work State. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252037665.003.0006.

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This chapter explores the anti-immigrant bill known as The Oklahoma Taxpayer and Citizen Protection Act (HB 1804), which sought to criminalize undocumented labor after a decade-long corporate recruitment strategy that solicited migrant labor under the premise of right-to-work. Of particular interest is the emphasis on the weak policy controls the legislation placed on employers while disproportionately penalizing migrants and their families. In this way it disentangles the inconsistent position of the “anti-illegals” narrative that espouses draconian measures penalizing undocumented migrants b
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Savage, Robert J. Northern Ireland, the BBC, and Censorship in Thatcher's Britain. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780192849748.001.0001.

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This book addresses the British broadcast media’s coverage of the conflict in Northern Ireland throughout the 1980s, one of the most turbulent decades in post-war British and Irish history. It explores the incessant wrangling between the government of Margaret Thatcher and an aggressive broadcast media determined to provide objective news and information about the complexities of ‘the Troubles’ to regional, national, and international audiences. The Thatcher government was determined to protect its interests by shaping a narrative of the conflict in simplistic terms, presenting it as a fight b
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Rao, Rahul. Out of Time. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190865511.001.0001.

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Between 2009 and 2014, an anti-homosexuality law circulating in the Ugandan parliament attracted global attention for the draconian nature of its provisions and for the involvement of US anti-gay evangelical Christians who were reported to have lobbied for its passage. This book makes three contributions to our understanding of these developments. First, it offers an account of the international relations that anticipated and followed the Anti Homosexuality Act. Journeying through encounters between the kingdom of Buganda and British colonialism, between the Ugandan state and its international
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Mancillas, Linda K. Presidents and Mass Incarceration. ABC-CLIO, LLC, 2018. http://dx.doi.org/10.5040/9798216000839.

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Mandatory minimum sentencing; "three-strikes-and-you're-out" legislation; harsher sentences and less parole and probation. The result of draconian criminal justice policies in the last six decades is that the United States is the largest incarcerator in the world, surpassing Russia and China, with significant overrepresentation of African Americans and Latinos in U.S. prisons, especially for low-level, nonviolent drug offenses. Presidents and Mass Incarceration: Choices at the Top, Repercussions at the Bottom shows how American presidents from Lyndon B. Johnson to Donald J. Trump have operated
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Book chapters on the topic "Draconian law"

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Esposito, John L., and Natana J. Delong-Bas. "Shariah and Islamic Law." In Shariah. Oxford University Press, 2018. http://dx.doi.org/10.1093/wentk/9780199325054.003.0002.

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For many in the West today, “Shariah” is a word that evokes fear—fear of a medieval legal system that issues draconian punishments, fear of relegation of women and religious minorities to second-class citizenship, fear of Muslims living as separate communities who refuse to integrate with...
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Titi, Catharine. "Origins of Equity." In The Function of Equity in International Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198868002.003.0002.

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Equitable considerations have been present in human societies for unfathomable aeons. From ancient Greece and Rome to modern times, through ecclesiastical law and the medieval English Chancery, equity has introduced considerations of fairness in legal thought and has helped mitigate the harshness of draconian laws. What is considered equitable has varied over time, with the equitable innovations of the past typically becoming the hard law of today. The purpose of the chapter is to show equity’s continuity in time and across legal systems, as a stepping stone to the argument presented later in
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Ormerod, David, and Karl Laird. "33. Money laundering (additional chapter)." In Smith, Hogan, and Ormerod's Criminal Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198849704.003.0033.

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This chapter discusses the offences in the Proceeds of Crime Act 2002 which criminalize dealing with the proceeds of crime. These are extremely broad offences with many features which could be characterized as being draconian as successive governments have sought to combat serious crime by targeting not just the offenders (who may commit a money laundering offence in relation to their own criminal conduct), but all those who assist in the disposal of criminal proceeds. These offences have generated a huge volume of case law, much of which has reached the House of Lords and the Supreme Court. T
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Ormerod, David, Karl Laird, and Matthew Gibson. "33. Money laundering." In Smith, Hogan, and Ormerod's Criminal Law. Oxford University Press, 2024. http://dx.doi.org/10.1093/he/9780198890942.003.0033.

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This chapter discusses the offences in the Proceeds of Crime Act 2002 which criminalize dealing with the proceeds of crime. These are extremely broad offences with many features which could be characterized as being draconian as successive governments have sought to combat serious crime by targeting not just the offenders (who may commit a money laundering offence in relation to their own criminal conduct), but all those who assist in the disposal of criminal proceeds. These offences have generated a huge volume of case law, much of which has reached the House of Lords and the Supreme Court. T
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Carawan, Edwin. "Justifiable Killing and the Problem of Lysias 1." In Rhetoric and the Law of Draco. Oxford University PressOxford, 1998. http://dx.doi.org/10.1093/oso/9780198150862.003.0008.

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Abstract Demosthenes spoke of the Delphinium court as the most dread and awe-inspiring of them all (23. 74). What is it that made the proceedings of this court so disturbing, more so than trial at the Areopagus itself? The verdict of justifiable manslaughter, which the gods themselves had sanctioned, was the most ancient and sacred of legal concepts; it was also the most troubling aspect of the primitive law. How, after all, were the judges to determine what constitutes ‘justifiable killing’ – to rule that in one case a vindictive killer will go unpunished, in another that the killer be put to
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Williams, Melanie. "Tess of the D’Urbervilles and the Law of Provocation." In Law and Literature. Oxford University PressOxford, 1999. http://dx.doi.org/10.1093/oso/9780198298137.003.0008.

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Abstract It is no surprise to find that the most winning characters in Victorian novels experience little mercy once they carry out a desperate act resulting in the death of another. Tess of the d’Urbervilles is just such a case. Tess kills her seducer and her own execution is a foregone conclusion. Victorian law might well have been draconian in its disposition to such crime. In one sense, the novel encourages the reader to accept this: there is no trial, no appeal and the text summarily marks the execution with the fatalistic words ‘ “Justice” was done, and the President of the Immortals, in
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Soni, Neil, Andrew Lawson, and Carl Waldmann. "Conflicts of Interest." In Law and ethics in intensive care, edited by Christopher Danbury, Christopher Newdick, Alex Ruck Keene, and Carl Waldmann. Oxford University Press, 2020. http://dx.doi.org/10.1093/med/9780198817161.003.0009.

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Definition of conflict of interest: ‘When an individual, a group of individuals or an organization has competing interests or loyalties.’ This simple definition has applications in most aspects of daily living, so it is unremarkable that in almost every aspect of the administration of healthcare it becomes a significant consideration. Identification or recognition of where a conflict of interest exists is not always easy. Once identified, in many if not most circumstances it necessitates compromise. In all cases the overall intention should not be subsumed by the interest of the individual or
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Fader, Jamie J., and Abigail R. Henson. "“This Individual May or May Not Be on the Megan’s Law Registry”." In Beyond Recidivism. NYU Press, 2020. http://dx.doi.org/10.18574/nyu/9781479862726.003.0012.

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To examine the unique experiences of reentry for those with a sex offender label, this chapter presents an in-depth case study of “Tony,” who pled guilty to statutory sexual assault at age nineteen. It follows his twelve-year path through the system, highlighting its key features, most notably that the state parole agency did not distinguish between registered and non-registered parolees. Tony was effectively labeled a child molester and subject to draconian restrictions upon where he could live and work; who he could associate with; and what technology he could possess. This has led to a cycl
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Lee, Simon. "Christianity and the Rule of Law." In The Oxford Handbook of Christianity and Law. Oxford University Press, 2023. http://dx.doi.org/10.1093/oxfordhb/9780197606759.013.57.

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Abstract Fernanda Pirie, an anthropologist of law, thinks the rule of law is four thousand years old. The phrase itself in English, however, was popularized by the constitutional lawyer Albert Venn Dicey only less than 150 years ago. Dicey’s own definition is rarely supported nowadays, but the expression is much invoked, albeit with radically different meanings. This chapter adopts a pared-back understanding of the initial part of Dicey’s concept when considering the relationships of the rule of law to Christianity and society as a whole. A history of ideas should not collapse all virtues into
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Breathnach, Ciara, and Laurence M. Geary. "Crime and Punishment: Whiteboyism and the Law in Late Nineteenth-Century Ireland." In Crime, Violence and the Irish in the Nineteenth Century. Liverpool University Press, 2018. http://dx.doi.org/10.5949/liverpool/9781786940650.003.0009.

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This chapter is concerned with the administration of justice and offers a detailed examination of agrarian outrages in south-west Ireland during the first phase of the Land War. The focus is on those convicted of ‘Whiteboy’ offences at the Munster assizes of 1881 and the manner in which they were treated by the justice and penal system. The sentences meted out in these instances of agrarian outrage were often tougher than those given to ‘ordinary’ criminals. The Whiteboys could expect harsh treatment in prison. The conventions of the prison ‘mark’ system were flouted and physical and mental de
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Conference papers on the topic "Draconian law"

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Valle-Levinson, Arnoldo. "Influencia de mareas interanuales y decadales en los cambios de nivel del mar en el Golfo de México." In I Congreso Internacional de Ciencias Exactas y Naturales. Universidad Nacional, 2019. http://dx.doi.org/10.15359/cicen.1.67.

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Datos de mareógrafos a lo largo de la costa estadounidense del Golfo de México muestran notoria variabilidad interanual del nivel del mar durante el último siglo. En particular, los datos muestran una aceleración del aumento del nivel del mar a partir del año 2011. Al parecer, esta aceleración produjo el máximo de nivel del mar a finales de 2017. Durante el periodo 2011-2017, las costas del sur de la Florida tuvieron periodos de inundación por marea durante las mareas más altas de cada año. Estos periodos aumentaron su incidencia hasta 2017. El hecho de que el nivel del mar no haya seguido aum
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Reports on the topic "Draconian law"

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Yilmaz, Ihsan, Raja M. Ali Saleem, Mahmoud Pargoo, Syaza Shukri, Idznursham Ismail, and Kainat Shakil. Religious Populism, Cyberspace and Digital Authoritarianism in Asia: India, Indonesia, Malaysia, Pakistan, and Turkey. European Center for Populism Studies, 2022. http://dx.doi.org/10.55271/5jchdy.

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Turkey, Pakistan, India, Malaysia, and Indonesia span one of the longest continuously inhabited regions of the world. Centuries of cultural infusion have ensured these societies are highly heterogeneous. As plural polities, they are ripe for the kind of freedoms that liberal democracy can guarantee. However, despite having multi-party electoral systems, these countries have recently moved toward populist authoritarianism. Populism —once considered a distinctively Latin American problem that only seldom reared its head in other parts of the world— has now found a home in almost every corner of
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Yilmaz, Ihsan, Raja M. Ali Saleem, Mahmoud Pargoo, Syaza Shukri, Idznursham Ismail, and Kainat Shakil. Religious Populism, Cyberspace and Digital Authoritarianism in Asia: India, Indonesia, Malaysia, Pakistan, and Turkey. European Center for Populism Studies (ECPS), 2022. http://dx.doi.org/10.55271/rp0001.

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Turkey, Pakistan, India, Malaysia, and Indonesia span one of the longest continuously inhabited regions of the world. Centuries of cultural infusion have ensured these societies are highly heterogeneous. As plural polities, they are ripe for the kind of freedoms that liberal democracy can guarantee. However, despite having multi-party electoral systems, these countries have recently moved toward populist authoritarianism. Populism —once considered a distinctively Latin American problem that only seldom reared its head in other parts of the world— has now found a home in almost every corner of
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