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Journal articles on the topic 'Illegalità'

Author: Grafiati

Published: 9 March 2023

Last updated: 31 July 2025

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1

Rebuffa, Giorgio. "Legalità e illegalità nella Costituzione." Quaderni di Sociologia, no. 4 (April 1, 1993): 97–104. http://dx.doi.org/10.4000/qds.5921.

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2

Saitta, Pietro. "Poteri e resistenze. Economie informali, illegalità, subalternità." SOCIOLOGIA E RICERCA SOCIALE, no. 107 (September 2015): 5–26. http://dx.doi.org/10.3280/sr2015-107001.

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3

Leszczyński, Grzegorz. "Charakterystyka rekursu do II sekcji Sygnatury Apostolskiej." Prawo Kanoniczne 51, no. 3-4 (2008): 261–74. http://dx.doi.org/10.21697/pk.2008.51.3-4.13.

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Perché un fedele possa iniziare la procedura contenzioso amministrativa deve possedere la capacità giuridica, sia generale sia processuale, ma soprattutto l’interesse di agire, l’interesse che deve essere personale, diretto e attuale. La parte ricorrenete può essere una persona fisica o giuridica e può essere anche l’autorità amministrativa inferiore, cioé l’autore dell’atto che è stato impugnato in sede di ricorso gerarchico. La parte resistente è sempre un Dicastero della Curia Romana. Il motivo del ricorso è illegalità dell’atto e così detta la violatio legis. Il soggetto del ricorso è l’at

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4

Scalia, Vincenzo. "La criminalità organizzata in Italia e in Messico. Dalla costruzione sociale al contrasto: una comparazione." SICUREZZA E SCIENZE SOCIALI, no. 3 (November 2022): 185–96. http://dx.doi.org/10.3280/siss2022-003010.

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Negli ultimi anni la criminalità organizzata è diventata un elemento di richiamo nelle cronache messicane. In Italia, negli ultimi trenta anni, la lotta alla criminalità organizzata ha conosciuto la ribalta pubblica, costituendo un elemento attorno a cui costruire le politiche pubbliche e orientare l'azione di diversi governi. Ma che cosa è la criminalità organizzata? Come nasce? Come si sviluppa? Quali sono le differenze e le similitudini in Italia e in Messico? Analizzando gli approcci teorici e la storia delle organizzazioni criminali, l'autore prova a fornire uno spunto analiti-co che ruot

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5

Menjívar, Cecilia. "The Racialization of “Illegality”." Daedalus 150, no. 2 (2021): 91–105. http://dx.doi.org/10.1162/daed_a_01848.

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Abstract This essay examines the intertwined nature of seemingly neutral immigration laws that illegalize certain immigrant groups and the socially constructed attitudes and stereotypes that associate the same legally targeted groups with “illegality,” to produce the racialization of illegality. These complementary factors are further sustained by other social forces, including media discourses that reify those associations. The racialization of illegality is a fundamentally situational, relational, dynamic, and historically and context-specific process. Today, Latino groups are the preeminent

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6

Pergolizzi, Antonio, and Emanuela Somalvico. "Le bonifiche delle discariche in procedura di infrazione UE. Criticità, infiltrazioni criminali e proposte di policy." PRISMA Economia - Società - Lavoro, no. 2 (February 2022): 68–82. http://dx.doi.org/10.3280/pri2020-002005.

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L'articolo passa in rassegna la lunga e complessa evoluzione, politica e normativa, delle procedure di bonifiche dei siti contaminati, individuando criticità, contraddizioni, opacità, lentezze e manifestazioni di illegalità. A livello generale, almeno due sono emerse come le principali criticità di sistema, che hanno fatto da freno alle attività concrete di bonifica: 1) criteri non idonei di scelta per l'identificazione del sito da bonificare; 2) errata ripartizione delle responsabilità tra gli enti territoriali, che spesso non hanno adeguati mezzi e risorse, soprattutto in termini di personal

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7

Kurimay, Tamas. "Illegality 1988." Contemporary Family Therapy 12, no. 5 (1990): 381–91. http://dx.doi.org/10.1007/bf00891708.

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8

Loke, Alexander F. H. "Tainting illegality." Legal Studies 34, no. 4 (2014): 560–81. http://dx.doi.org/10.1111/lest.12027.

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The assertion of contractual rights may be defeated by the illegality defence, not because their creation is offensive to public policy but by reason of an illegality that ‘taints’ these rights. To date, no analytical framework has been developed for understanding how these tainting rules are connected to one another. The Tainting Illegality Framework (TIF) presented in this paper seeks to fill this gap in current legal scholarship by exploring, first, the linkages between the rules by which contract rights are tainted and, secondly, the theoretical underpinnings that explain the existing tens

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9

Flores, René D., and Ariela Schachter. "Who are the “Illegals”? The Social Construction of Illegality in the United States." American Sociological Review 83, no. 5 (2018): 839–68. http://dx.doi.org/10.1177/0003122418794635.

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Immigration scholars have increasingly questioned the idea that “illegality” is a fixed, inherent condition. Instead, the new consensus is that immigration laws produce “illegality.” But can “illegality” be socially constructed? When initially judging who is an “illegal immigrant,” common observers and even authorities typically do not rely on an individual’s documentation. Instead, people rely on shared stereotypes to assign “illegality” to certain bodies, a condition we refer to as “social illegality.” Ethnographers have documented that individual traits like occupation or national-origin ma

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10

Chorus, Jeroen M. J. "Illegality and Restitution." European Review of Private Law 14, Issue 3 (2006): 437–58. http://dx.doi.org/10.54648/erpl2006025.

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Under Dutch Law juridical acts may conflict ? by their mere accomplishment, their content, or their purport ? with a statute, good morals, or public order. This may be a ground for nullity, produce other effects, or have no consequences at all. Though not conflicting with law in such a way, a juridical act will not be (fully) enforceable, if a performance under an act would result in a violation of statute, good morals, or public order. The Dutch condictio indebiti also covers performances other than giving money or any other property, e.g. services rendered. The Dutch Law of Restitution is re

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11

Fadahunsi, Akin, and Peter Rosa. "Entrepreneurship and Illegality." Journal of Business Venturing 17, no. 5 (2002): 397–429. http://dx.doi.org/10.1016/s0883-9026(01)00073-8.

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12

Chung, Nam-Chul. "Scope and limitations of criminal court examination in the preliminary question of criminal cases." Korean Administrative Law Association 24 (March 30, 2023): 241–62. http://dx.doi.org/10.59826/kdps.2023.24.241.

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In the preliminaries of criminal cases, it is still a difficult question whether the criminal court can examine the illegality or effectiveness of administrative dispositions related to the elements of the crime. In a criminal case, it is reasonable to assume that the court of a lawsuit can examine and judge the violation of the administrative disposition, which has become a matter for a prior decision, in a limited way. If the illegality of the administrative disposition, which became a matter of pre-determined, is objectively clear and it is not necessary to punish the accused, etc. the crim

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13

Mochocki, Ryszard. "Necessary Defense and Its Premises in Polish Criminal Law." Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius) 71, no. 1 (2024): 59–73. http://dx.doi.org/10.17951/g.2024.71.1.59-73.

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One of the elements of the structure of crime is illegality. However, the legislator has provided a certain mechanism to exclude illegality. Article 25 of the Penal Code states the necessary defense as a circumstance excluding the illegality of an act, and a prohibited act committed under this condition of this counter-type becomes legal. Preventing the perpetrator from being held accountable is the subject of consideration in this study.

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14

Garza, Ana Gutiérrez. "The temporality of illegality." Focaal 2018, no. 81 (2018): 86–98. http://dx.doi.org/10.3167/fcl.2018.810107.

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Through an ethnography of undocumented migrants from Latin America to London, I explore the temporality of illegality as a piecemeal process in which migrants find themselves embodying new ways of being in the world. I investigate the power of illegality beyond its legal connotations and through the analysis of the everyday experiences of migrants in London, I show how it affects the external structure of migrants’ worlds, as well as their subjectivities. I show how the illegal status is imagined, embodied, and sustained over an indefinite and uncertain length of time. Undocumented migrants in

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15

김준호. "Illegality of Entrapment Investigation." Korean Lawyers Association Journal 57, no. 7 (2008): 254–83. http://dx.doi.org/10.17007/klaj.2008.57.7.006.

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16

Steinbock, Bonnie. "The Relevance of Illegality." Hastings Center Report 22, no. 1 (1992): 19. http://dx.doi.org/10.2307/3562718.

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17

Hopper, Martyn. "Financial Services Regulation – Illegality." Judicial Review 3, no. 1 (1998): 40–44. http://dx.doi.org/10.1080/10854681.1998.11426988.

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18

Tuffs, Annette. "Germany: Illegality of abortion." Lancet 341, no. 8858 (1993): 1467. http://dx.doi.org/10.1016/0140-6736(93)90899-r.

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19

Chavez, Leo R. "The Condition of Illegality." International Migration 45, no. 3 (2007): 192–96. http://dx.doi.org/10.1111/j.1468-2435.2007.00416.x.

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20

Jones-Correa, Michael, and Els de Graauw. "The Illegality Trap: The Politics of Immigration & the Lens of Illegality." Daedalus 142, no. 3 (2013): 185–98. http://dx.doi.org/10.1162/daed_a_00227.

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The focus on undocumented immigrants in contemporary U.S. immigration debates, often at the expense of other immigration issues, has led to an illegality trap. This situation has serious negative consequences for both U.S. immigration policy and immigrants, including an overwhelming emphasis on enforcement; legislative gridlock and the failure of comprehensive immigration reform; constitutional conflict resulting from tensions between national, state, and local approaches to dealing with undocumented immigration; and the puzzling absence of federal policies addressing immigrant integration. Th

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21

Li, Lantian. "Legitimation of Illegality in Authoritarian States: The Case of Transnational Illegal Drug Brokerage in China." Asian Journal of Law and Society 9, no. 1 (2021): 108–32. http://dx.doi.org/10.1017/als.2020.57.

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AbstractThis paper analyzes how illegality can be legitimized in authoritarian states by examining a contested case of transnational illegal drug brokerage in China. Triangulating news articles, legal documents, and interviews, the study distinguishes between two pathways of illegality legitimation: depoliticized and politicized. I argue that the depoliticized pathway is made possible through pragmatic, moral, and legalistic frames, whereas the politicized pathway builds upon an institutional frame. I also identify the media as essential agents of illegality legitimation. While illegal-practic

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22

Gazzotti, Lorena. "(Un)making illegality: Border control, racialized bodies and differential regimes of illegality in Morocco." Sociological Review 69, no. 2 (2021): 277–95. http://dx.doi.org/10.1177/0038026120982273.

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What role does race play in the construction of illegality in the face of pervasive border control? Sociologists and anthropologists of migration have apprehended illegality as a constructed category, produced by immigration policies and laws aimed at ‘illegalizing’ established mobility flows. ‘Illegality’ operates as an exclusionary category not only because it is constructed by law, but also because it is activated by racialized forms of prejudice which structure societies according to hierarchies of dangerousness, visibility and deservedness. Scholars, however, have tended to examine the en

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23

Zhao, Yunfeng. "The introspection and Reflection on the Possibility of Illegal Cognition." Legal Science in China and Russia, no. 5 (November 1, 2023): 187–97. http://dx.doi.org/10.17803/2587-9723.2022.5.187-197.

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The cognition of illegality is the foundation of responsivism. However the lack of standardization and clearness in the judgment of illegality cognition leads to judicial tension, which can be alleviated by the necessity of prevention. Under the hierarchical criminal system in the Civil Law System, the status of cognition possibility of illegality plays a positive role in the construction of justification, security measures and normative responsibility. In Chinese Four Elements, the possibility of illegal cognition is the element of intent. The cognition of illegality is the expression of cond

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24

Purewal, Anita. "Fiduciary Duties, Secret Profits, and the Illegality Defence: Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49." Trusts & Trustees 28, no. 2 (2021): 125–31. http://dx.doi.org/10.1093/tandt/ttab105.

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Abstract CPS v Aquila Advisory Ltd has provided a welcomed judgment on the application of the illegality defence in the context of secret profits accrued in breach of fiduciary duties. The judgment clarifies the priority to be given to constructive trusts over unauthorised fiduciary profits in the face of CPS confiscation orders, and examines the interrelationship between the rules of attribution and the application of the illegality defence today, namely whether a director’s unlawful intention can be attributed to their company to prevent the company, on illegality grounds, from exercising a

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25

Akhtar, Zia. "Illegality in Employment Contracts, Enforced Labour and Public Policy Considerations." European Review of Contract Law 17, no. 1 (2021): 54–81. http://dx.doi.org/10.1515/ercl-2021-0003.

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Abstract The English law of the illegality of contracts is founded on public policy and expressed in the maxim ex turpi causa non oritur actio meaning an action cannot arise from an illegal cause. Furthermore, the position of the law is that where a contract is tainted with illegality and both parties are equally to blame then neither party can claim any right or remedy under the contract. This doctrine has to be viewed within the context of the employment contracts which are against public policy, particularly those where illegality of contract concerns irregular migrants who have been offere

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26

Unal, Bayram. "Sustainable Illegality: Gagauz Women in Istanbul." MIGRATION LETTERS 8, no. 1 (2014): 17–25. http://dx.doi.org/10.33182/ml.v8i1.150.

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This study deals with survival strategies of illegal migrants in Turkey. It aims to provide an explanation for the efforts to keep illegality sustainable for one specific ethnic/national group—that is, the Gagauz of Moldova, who are of Turkish ethnic origin. In order to explicate the advantages of Turkish ethnic origin, I will focus on their preferential treatment at state-law level and in terms of the implementation of the law by police officers. In a remarkable way, the juridical framework has introduced legal ways of dealing with the illegality of ethnically Turkish migrants. From the viewp

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27

McKendall, Marie A., Carol M. Sinchez, and Paul Sicilian. "Corporate Governance and Corporate Illegality." Proceedings of the International Association for Business and Society 7 (1996): 167–78. http://dx.doi.org/10.5840/iabsproc1996716.

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28

Forero, Jorge Enrique. "State, Illegality, and Territorial Control." Latin American Perspectives 43, no. 1 (2015): 238–51. http://dx.doi.org/10.1177/0094582x15571274.

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The inevitable incursion of Colombian armed groups into Ecuador remained at low levels for decades, but in the late 1990s the United States increased its level of engagement in the conflict and the Colombian government permitted the expansion of paramilitaries into the South of the country. While Rafael Correa’s Plan Ecuador privileged economic development in the border region as a way of promoting peace there, the massacre by the Colombian military in Angostura (Sucumbíos) in March 2008 led to an increase in military spending and increasing violations of the human rights of the region’s peopl

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29

Tan, Zhong Xing. "The anatomy of contractual illegality." Common Law World Review 44, no. 2 (2015): 99–122. http://dx.doi.org/10.1177/1473779515572571.

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30

Burrows, Andrew. "Illegality after Patel v Mirza." Current Legal Problems 70, no. 1 (2017): 55–71. http://dx.doi.org/10.1093/clp/cux008.

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31

Lim, Ernest. "Attribution and the Illegality Defence." Modern Law Review 79, no. 3 (2016): 476–87. http://dx.doi.org/10.1111/1468-2230.12193.

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32

Hepple, Sophia. "Illegality of electrical cattle immobilisers." Veterinary Record 172, no. 6 (2013): 165. http://dx.doi.org/10.1136/vr.f780.

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33

Kanbur, Ravi, Sajal Lahiri, and Jan Svejnar. "Informality, Illegality and Enforcement: Introduction." Review of Development Economics 16, no. 4 (2012): 511. http://dx.doi.org/10.1111/rode.12000.

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34

Anderson, Bridget, and Martin Ruhs. "Researching illegality and labour migration." Population, Space and Place 16, no. 3 (2010): 175–79. http://dx.doi.org/10.1002/psp.594.

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35

Bogdan, D. I. "Illegality of abuse of right." Lomonosov Law Journal 65, no. 5, 2024 (2024): 60–73. https://doi.org/10.55959/msu0130-0113-11-65-5-4.

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The subject of the study is the issue of correlation between illegality and abuse of right. Such aspects of illegal behaviour as violation of general principles of law and legal obligations are considered. Various doctrinal concepts and views on the abuse of right and its illegality, as well as approaches of judicial practice to this issue are analysed. As a result, it was established that the abuse of right is always illegal, in view of which the concept of so-called «legal abuse of right» cannot exist, because it is not a legal, but a philosophical category. From the legal point of view «leg

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36

García, San Juanita. "Racializing “Illegality”: An Intersectional Approach to Understanding How Mexican-origin Women Navigate an Anti-immigrant Climate." Sociology of Race and Ethnicity 3, no. 4 (2017): 474–90. http://dx.doi.org/10.1177/2332649217713315.

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By shedding light on how Mexicans are racialized, scholars have brought racism to the forefront of migration research. Still, less is known about how “illegality” complicates racialized experiences, and even less is known about how gender and class further complicate this process. Drawing on 60 interviews with Mexican-origin women in Houston, Texas, this research explores how documented and Mexican American women are racialized, the institutional contexts in which this process occurs, and how women’s racialized experiences relate to feelings of belonging and exclusion. Findings suggest a form

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37

REED, HOLLY E., SOFYA APTEKAR, and AMY HSIN. "Managing Illegality on Campus: Undocumented Mismatch Between Students and Staff." Harvard Educational Review 92, no. 1 (2022): 32–54. http://dx.doi.org/10.17763/1943-5045-92.1.32.

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Contributing to the literature on the institutional experiences of undocumented youth, this article by Holly E. Reed, Sofya Aptekar, and Amy Hsin explores undocumented and “DACAmented” students’ experiences managing their illegality on campus and how college staff and faculty manage that illegality while organizing programs and support. Their analysis of in-depth qualitative interviews conducted with more than one hundred undocumented college students and former students and thirty-five faculty and staff members at the City University of New York identifies multiple points of tension. The “und

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38

Коміссаров, А. С. "DAMAGE TO LAW ENFORCED INTERESTS UNDER THE INFLUENCE OF FORCING IN THE SYSTEM OF CIRCUMSTANCES EXCLUDING CRIMINAL CRIME." Juridical science, no. 1(103) (February 19, 2020): 57–63. http://dx.doi.org/10.32844/2222-5374-2020-103-1.08.

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The article examines the legal nature and social purpose of the circumstances that exclude the criminal illegality of the act provided for in Art. 40 of the Criminal Code of Ukraine. It is argued that an accurate assessment of the legal nature of an action to cause harm in a state of (coercion) is associated with determining the place of these actions in a number of legally homogeneous behaviors. That is why the scientific literature ambiguously addresses the question of whether to consider physical and mental coercion in the group of circumstances that exclude the criminal illegality of the a

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39

Fisher, James C. "The ‘one man company’ after Patel v Mirza: attribution and illegality in Singularis Holdings v Daiwa Capital Markets." Northern Ireland Legal Quarterly 71, no. 3 (2020): OA35—OA48. http://dx.doi.org/10.53386/nilq.v71i3.288.

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This note discusses the UK Supreme Court’s decision in Singularis Holdings v Daiwa Capital Markets in the context of other recent decisions on corporate attribution and the illegality principle in English law. It particularly considers Daiwa’s implications for the relationship between the illegality doctrine and other legal principles in the wake of Patel v Mirza. The court employed a context-sensitive, teleological approach to attribution, one consequence of which was the conclusive consignment of the House of Lords’ decision in Stone & Rolls Ltd v Moore Stephens to irrelevance. It noneth

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40

Fisher, James. "The ‘one man company’ after Patel v Mirza: attribution and illegality in Singularis Holdings v Daiwa Capital Markets." Northern Ireland Legal Quarterly 71, no. 3 (2020): 387–400. http://dx.doi.org/10.53386/nilq.v71i3.891.

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This note discusses the UK Supreme Court’s decision in Singularis Holdings v Daiwa Capital Markets in the context of other recent decisions on corporate attribution and the illegality principle in English law. It particularly considers Daiwa’s implications for the relationship between the illegality doctrine and other legal principles in the wake of Patel v Mirza. The court employed a context-sensitive, teleological approach to attribution, one consequence of which was the conclusive consignment of the House of Lords’ decision in Stone & Rolls Ltd v Moore Stephens to irrelevance. It noneth

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41

Teo, Marcus. "FOREIGN LAW ILLEGALITY: PATEL’S NEW FRONTIER?" Cambridge Law Journal 80, no. 1 (2021): 32–35. http://dx.doi.org/10.1017/s0008197321000222.

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42

Lim, Ernest. "The Illegality Defence and Company Law." Journal of Corporate Law Studies 13, no. 1 (2013): 49–61. http://dx.doi.org/10.5235/14735970.13.1.49.

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43

Warren, Ian, Monique Mann, and Adam Molnar. "Lawful Illegality: Authorizing Extraterritorial Police Surveillance." Surveillance & Society 18, no. 3 (2020): 357–69. http://dx.doi.org/10.24908/ss.v18i3.12795.

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This paper examines Lisa Austin’s (2015) concept of lawful illegality, which interrogates the legal foundations for potentially unlawful surveillance practices by United States (US) signals intelligence (SIGINT) agencies. Lawful illegality involves the technically lawful operation of surveillance powers that might be considered unlawful when examined through a rule of law framework. We argue lawful illegality is expanding into domestic policing through judicial decisions that sanction complex and technically sophisticated forms of remote online surveillance, such as the use of malware, remote

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44

Roberto G. Gonzales and Steven Raphael. "Illegality: A Contemporary Portrait of Immigration." RSF: The Russell Sage Foundation Journal of the Social Sciences 3, no. 4 (2017): 1. http://dx.doi.org/10.7758/rsf.2017.3.4.01.

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45

Acconci, Vito. "Some Notes on Illegality in Art." Art Journal 50, no. 3 (1991): 69. http://dx.doi.org/10.2307/777220.

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46

김성훈. "The illegality element of exclusive dealing." KYUNGPOOK NATIONAL UNIVERSITY LAW JOURNAL ll, no. 32 (2010): 241–64. http://dx.doi.org/10.17248/knulaw..32.201002.241.

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47

Fitsanakis, Joseph. "State-Sponsored Communications Interception Facilitating Illegality." Information, Communication & Society 6, no. 3 (2003): 404–29. http://dx.doi.org/10.1080/1369118032000155320.

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48

Olvera, Jacqueline. "Managing the “Dirty Work” of Illegality." Sociology of Race and Ethnicity 3, no. 2 (2016): 253–67. http://dx.doi.org/10.1177/2332649216665638.

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Drawing on in-depth interviews with 45 Latinos living in a small city the author calls Sycamore City, the author examines the discourses and practices through which Mexican migrants and Puerto Ricans deal with the “dirty work” of illegality. The focus is on the “physical dirty work” performed by undocumented workers and “social dirty work” performed by workers on the margins of citizenship. This research shows that “physical dirty work” and “social dirty work” overlap when a new class of worker enters the labor market. As such, the author documents the dirty work undocumented workers perform a

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49

Stark, Findlay, and Stelios Tofaris. "ILLEGALITY AND INSANITY IN TORT LAW." Cambridge Law Journal 83, no. 3 (2024): 429–32. https://doi.org/10.1017/s0008197324000576.

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50

McKendall, Marie A., and John A. Wagner. "Motive, Opportunity, Choice, and Corporate Illegality." Organization Science 8, no. 6 (1997): 624–47. http://dx.doi.org/10.1287/orsc.8.6.624.

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