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Journal articles on the topic 'Instrumentalization of law'

Author: Grafiati

Published: 24 April 2022

Last updated: 30 July 2025

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1

Gromski, Włodzimierz. "Akty instrumentalizacji prawa i ich granice." Przegląd Prawa i Administracji 114 (August 10, 2018): 95–106. http://dx.doi.org/10.19195/0137-1134.114.5.

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ACTS OF INSTRUMENTALISATION OF LAW AND THEIR LIMITSThe purpose of this article is to analyse the concept of law as the instrument employed to achieve some specifi c purposes. The analysis leads to the distinction between the instrumental character of law and its instrumentalization acts of instrumentalization. Considering the character of the acts of instrumentalization of law, it is maintained that there are some limits of such acts, and one of them is the autonomy of law understood as a function of legal culture.

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Skolimowska, Anna. "Real estate ownership law instrumentalization in polish financial law." Nieruchomości@ Specjalne, no. V (2021): 339–53. http://dx.doi.org/10.5604/01.3001.0015.5840.

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Instrumentalization is an interdisciplinary issue, both in terms of normative and sociological issues, as well as in terms of law making, including the rationality of the legislator. The concept of instrumentalisation was created based on the instrumentality of the law. This feature allows law to be used to achieve goals and perform tasks that are relevant to the person using it. The aim of the article is to present the particular importance of instrumentalisation for shaping the norms of financial (tax) law, when their subject matter is real estate ownership.

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Janusz-Pohl, Barbara, and Michał Wawrzyńczak. "Hindsight bias and the practice of arrests in Poland." Ruch Prawniczy, Ekonomiczny i Socjologiczny 86, no. 2 (2024): 179–202. http://dx.doi.org/10.14746/rpeis.2024.86.2.09.

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This comparative study deals with the various forms of arrest in the Polish criminal law system. The authors used the dogmatic-legal and comparative methods, and applied the empirical method in several case studies. The background of the considerations is the proposal of a typology of procedural arrests, based on the Code of Criminal Procedure and non-procedural arrests, based on special laws. The main subject of consideration is the risk of instrumentalization of arrest, which can be considered at several levels: structural, concerning the abuse of the grounds for arrest, and peri-arrest acti

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Roots, Lehte. "Instrumentalization and Schengen Borders." Athens Journal of Law 11, no. 3 (2025): 231–44. https://doi.org/10.30958/ajl.11-3-3.

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The Schengen regime is a cornerstone of European integration and is facilitating the free movement of persons. Its incorporation into the EU legal framework marked a shift toward supranational governance of borders. The work discusses the evolution of Schengen as a form of supranational governance, the role of national sovereignty, and the implications for EU citizenship and border control. The article examines the unique nature of Schengen borders as both a legal and geopolitical construct that blurs traditional distinctions between national and supranational governance. Furthermore, as the S

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Wagner, Anne, and Aleksandra Matulewska. "Instrumentalization of law as a socially constituted sign-system." International Journal of Legal Discourse 5, no. 2 (2020): 127–30. http://dx.doi.org/10.1515/ijld-2020-2041.

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6

Dusil, Stephan. "IV. Wo sich Mittelalter und Moderne begegnen. Oder: Vom Reiz der Kirchenrechtsgeschichte." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 110, no. 1 (2024): 123–45. http://dx.doi.org/10.1515/zrgk-2024-0004.

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Summary The article is dedicated to the encounters between medieval canon law and modernity in the 19th century. It analyzes the influence of medieval law, especially of matrimonial law, the instrumentalization of the Investiture Controversy in the political debate, and the influence of these debates on the study of medieval canon law.

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Szymczyk-Urwentowicz, Natalia. "The concept of abuse of process rights and the criminal process." Probacja 4 (December 31, 2022): 15–37. http://dx.doi.org/10.5604/01.3001.0016.1254.

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The article is a discussion of the issue of abuse of procedural rights in the criminal process. Its aim is to systematize considerations and to enrich the discussion taking place in the doctrine of basic issues concerning instrumentalization. Using the method of theoretical-legal analysis a terminological distinction is indicated and the question of what is the abuse of procedural law in a criminal trial is referred to. Using the method of dogmatic-legal analysis, an analysis of individual provisions was carried out, reading the norms expressed by them and pointing to the risks associated with

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Carina, Wang. "Failing at Face Value: The Effect of Biased Facial Recognition Technology on Racial Discrimination in Criminal Justice." Scientific and Social Research 4, no. 10 (2022): 29–40. http://dx.doi.org/10.26689/ssr.v4i10.4402.

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Recent years have seen a rise in the development of technological innovations and their implementation in various industries. Specifically, law enforcement agencies across the United States have partnered with technology companies to deploy facial recognition algorithms in the identification and prosecution of criminal suspects. Yet there is concern that law enforcement’s use of facial recognition algorithms based on biased mugshot data pools can lead to criminalizing innocent civilians. Prominent theories including intersection theory, instrumentalization theory, and Alvarado’s theory were an

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Horubski, Krzysztof. "Socio-ecological instrumentalization and the economic objectives of public procurement law." Ekonomia XXI Wieku 2021, no. 24 (2021): 27–38. http://dx.doi.org/10.15611/e21.2021.02.

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Vermeulen, Gert. "Mutual Instrumentalization of Criminal and Migration Law from an EU Perspective." European Journal of Migration and Law 9, no. 3 (2007): 347–61. http://dx.doi.org/10.1163/138836407x225704.

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11

Zalewski, Wojciech. "Against the Instrumentalization of Law: Justice for the Convicted in the Brześć Trial." Gdańskie Studia Prawnicze, no. 3(64)/2024 (September 15, 2024): 171–79. http://dx.doi.org/10.26881/gsp.2024.3.12.

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The acquittal after ninety years of Prime Minister Wincenty Witos and others convicted in the Brześć trial is a landmark ruling. The author seeks to demonstrate the multifaceted nature of this Supreme Court verdict in the context of the implementation of transformational justice with regard to judicial crimes of the communist period. The gloss approvingly assesses the interpretation of the criminal law adopted by the Supreme Court including, in particular, Article 97 of the Criminal Code of 1932.

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Trochev, Alexei. "Three Sources of Dynamism of Russia’s Constitutional Law: The Constitutional Court in Political Process." Sravnitel noe konstitucionnoe obozrenie 31, no. 2 (2022): 125–46. https://doi.org/10.21128/1812-7126-2022-2-125-146.

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Having reached the age of 30, the Russian Constitutional Court finds itself in a dynamic situation. Dynamic constitutional law, Russian-style, is a product of the ambitions of both a powerful head of state as a patron-in-chief and his clients, who gain powers, discretion and privileges in exchange for displaying loyalty to their patron. The Russian Constitutional Court (RCC) has been a central, pragmatic yet ambitious player that expanded its powers and privileges at the expense of judicial autonomy in this dynamic exchange of making, remaking and unmaking constitutional rules. In this article

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Fox-Decent, Evan. "Democratizing Common Law Constitutionalism." McGill Law Journal 55, no. 3 (2011): 511–35. http://dx.doi.org/10.7202/1000622ar.

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Common law constitutionalism is the theory that legal principles such as fairness and equality reside within the common law, are constitutive of legality, and inform (or should inform) statutory interpretation on judicial review. This article looks to Justice Rand’s judgment in Roncarelli v. Duplessis to develop a democratic and relational conception of common law constitutionalism. By “democratic” the author means a version of the theory that governs judicial review but which is available to frontline decision makers independently of the history and contemporary practice of review. By “relati

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ÖZKAN, Zeynep, and Çiğdem Serra UZUNPINAR. "Erosion of the Rule of Law Principle through the Instrumentalization of Law: Practices from Council of Europe States." Ankara Üniversitesi Hukuk Fakültesi Dergisi 71, no. 2 (2022): 621–82. http://dx.doi.org/10.33629/auhfd.1080812.

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Today, authoritarian tendencies are reaching a global extent. It ispossible to say that these tendencies deserve the characterization of - inHuntington's words- a Reverse Wave in the Third Wave of democratization.This study examines the developments in the Russian Federation, Hungary,and Poland, where authoritarianism and regression from the rule of law areseen. A separation from democratization and the rule of law in all these threecountries is clear. It started in Russia and spread to other countries in theform of an avalanche, especially in the field of judiciary. The regression inthe Third

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Khilyuta, Vadim Vladimirovich. "Philosophy of Globalization of Criminal Law." Russian Journal of Legal Studies 6, no. 2 (2019): 73–81. http://dx.doi.org/10.17816/rjls18486.

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In article the questions of globalization of criminal law and the pursued criminal policy are raised. At the doctrinal level trends of implementation of norms of the international criminal law and a problem of general unification of norms of criminal law are analyzed. The author comes to a conclusion about discrepancy of the mechanism of a global instrumentalization of criminal law and artificial imposing of the international standards to the national states. In article global initiatives of general and unconditional implementation of rules of international law and other legal institutes are i

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Lagmango, Virginie Laurette, Jules Roger Feudjo, and Félix Zogning. "The managerial entrenchment: The paradox of law and acts in state-owned enterprises in Cameroon." Corporate Ownership and Control 20, no. 2 (2023): 127–37. http://dx.doi.org/10.22495/cocv20i2art10.

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In Cameroon’s state-owned enterprises (SOEs), a number of managers have succeeded in maintaining their positions as the head of the corporation, paradoxically with disappointing results. Based on this unorthodox practice, this study strives to understand and explain the strategic levers used by these managers to maintain their positions at the top of the company, based on 12 cases in SOEs. The results corroborate existing knowledge and make it possible to identify the singular contingencies in the instrumentalization and instrumentation practices of governance bodies and structures that enable

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Fox-Decent, Evan, and Evan J. Criddle. "THE FIDUCIARY CONSTITUTION OF HUMAN RIGHTS." Legal Theory 15, no. 4 (2009): 301–36. http://dx.doi.org/10.1017/s1352325210000017.

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We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states (or statelike actors) and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state's fiduciary duty to provide equal security under the rule of law, a duty that flows from the state's institutional assumption of irresistible sovereign powers.

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Sopiński, Michał. "Between the Scylla and the Charybdis. Remarks on the “Rule of Law”." Journal of Security and Sustainability Issues 13, no. 1 (2023): 169–74. http://dx.doi.org/10.47459/jssi.2023.13.17.

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In contemporary discussions on law, the concept of the rule of law has gained significant attention and has become a widely used term. The concept has been particularly prominent in the Polish public discourse due to the ongoing dispute over judicial reform between Brussels and Warsaw, as well as the primacy of EU law over national law. The rule of law is often discussed in relation to the judiciary’s independence and its role in upholding principles of European, international, and Polish constitutional law. However, the multitude of definitions and the ideological abuse of the concept have ra

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Raszewska-Skałecka, Renata. "Polityka administracyjna a samorządowa polityka oświatowa — na gruncie nauk prawnoadministracyjnych." Przegląd Prawa i Administracji 109 (November 8, 2017): 159–78. http://dx.doi.org/10.19195/0137-1134.109.11.

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ADMINISTRATIVE AND EDUCATIONAL POLICY OF LOCAL SELF-GOVERNMENT ON THE BASIS OF ADMINISTRATIVE AND LEGAL SCIENCESPresent-day factors of public administration, variability of educational law, uncertainty of state educational policy in the scope of educational reform, its political instrumentalization. These are exemplary factors of changes which have impact on educational policy of local self-government and ways of realization public tasks.Local education as the sphere of public administration activity has changed rapidly in recent years and often shows differences between expectations and fulfi

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Kukuruz, O. V. "Activities of the Verkhovna Rada of Ukraine under martial law: shortcomings and areas for improvement." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 2022): 98–104. http://dx.doi.org/10.33663/2524-017x-2022-13-15.

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The article shows the essence of the concept of “martial law”, the grounds on which it is introduced in various countries, including Ukraine. The role of the Verkhovna Rada of Ukraine in the imposition of martial law in Ukraine is outlined. The legal acts adopted by the parliament during martial law are analyzed. It was found that the People’s Deputies of Ukraine in the martial law of 2022 paid considerable attention to the formation of domestic and foreign policies of the state, the new content of which was by reason of the military aggression of the Russian Federation. The Verkhovna Rada of

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21

Bourdoncle, Emmanuel. "La conciliation des mesures sanitaires prises par les États avec l’application du droit diplomatique." Annuaire français de droit international 66, no. 1 (2020): 71–85. http://dx.doi.org/10.3406/afdi.2020.5445.

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Abstract : The global pandemic situation has led States to take various health measures that may constitute obstacles to the proper functioning of diplomatic and consular missions and therefore to the proper application of diplomatic and consular law. The assessment of the conformity of these measures with the regimes established by the Vienna Conventions of 1961 and 1963 on diplomatic and consular relations is the occasion for a renewed analysis of this essential area of public international law. First of all, it is then possible to observe its peculiarities in the search for an implementatio

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Biernat, Tadeusz. "Między polityką a prawem. Problem „upolitycznienia” tworzenia prawa." Przegląd Prawa i Administracji 110 (November 30, 2017): 115–32. http://dx.doi.org/10.19195/0137-1134.110.9.

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BETWEEN POLITICS AND LAW. THE PROBLEM OF “POLITICIZATION” THE CREATION OF LAWThe purpose of this article is to analyze the phenomenon of “politicization” of the law making process. Astrong form of politicization is the political instrumentalization of law when the law is treated as the implementation of particular interests of the political power; when is created in violation of the legality of the law-making activities; when it violates the rights of individuals human rights. The weaker but more common form of politicization the creation of law is related to the violation by apolitical author

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23

Supardal, Supardal, Adji Suradji Muhammad, Sugiyanto Sugiyanto, and Trihidayat Trihidayat. "State instrumentalization village: A study on the implementation of the stunting program in Ngargosari village." Journal of Infrastructure, Policy and Development 8, no. 14 (2024): 8824. http://dx.doi.org/10.24294/jipd8824.

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The hopes and aspirations of Law No. 6/24 on Village autonomy has faced several problems and challenges. These problems and challenges arose when the village government had to undertake various delegated tasks assigned by the regency, provincial, and central governments. As a result, the village is preoccupied with delegated tasks assigned by supra-village authorities, straining its resources and budget. The shift in focus resulted the village government are unable to perform their main tasks and responsibilities. This situation is akin to the Village Head functioning as a state employee. Stun

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Kempe, Michael. "‘Even in the remotest corners of the world’: globalized piracy and international law, 1500–1900." Journal of Global History 5, no. 3 (2010): 353–72. http://dx.doi.org/10.1017/s1740022810000185.

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AbstractAs a phenomenon accompanying European expansion, piracy and privateering spread globally, beginning in the sixteenth century. These activities, and their handling within transnational relations, shed light on several issues of modern international law, then under formation. They reflect different basic problems that both challenged and structured central aspects of legal relations on an international level: the transformation of ocean spaces into areas of colliding legal strategies, the use of privateers (‘legalized’ pirates) as a tool for extraterritorial expansion, the involvement of

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Tigroudja, Hélène. "Procedural Developments at International Human Rights Courts and Bodies." Law & Practice of International Courts and Tribunals 19, no. 2 (2020): 304–41. http://dx.doi.org/10.1163/15718034-12341425.

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Abstract After exploring the most salient political and institutional issues facing international human rights courts and bodies, this column reviews some of their key procedural developments in 2019, focusing on four specific aspects: the coordination and (dis-)harmony between the multiple mechanisms; the more or less extensive scope of their jurisdiction; the parties’ potential instrumentalization of the proceedings; and States’ compliance with the international decisions.

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Mondélice, Mulry. "Facilitating Mobility Through Migration as Humanitarian Protection: Building on Lessons Learned from the North American and European Policies Regarding Haiti and Syria." Revue québécoise de droit international 35, no. 1 (2022): 151–78. http://dx.doi.org/10.7202/1110205ar.

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This paper addresses the contribution of three major humanitarian assistance donors, Canada, the United States of America (US), and the European Union (EU), to humanitarian diplomacy, and ways to articulate migration policy and humanitarian policy in the action of these three actors to facilitate mobility. Building on lessons learned from the Syrian and Haitian humanitarian crisis-related migration, this study asks: while conflicts, natural disasters and other calamities increase humanitarian needs, based on the spirit of the Global Compact for Migration, how and to what extent could Canada, t

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Goldthorpe, Chloe. "The Imbalanced Geography of the Law on Use of Force in Self-Defence." International Community Law Review 26, no. 5 (2024): 434–75. http://dx.doi.org/10.1163/18719732-bja10124.

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Abstract The most invoked justification for use of military force is the ‘inherent right’ to self-defence, enshrined in Article 51 of the UN Charter. This article examines efforts over the past two decades to reshape the scope of this right, arguing that attempts to permit defensive force in a wider range of situations than previously are symptomatic of structural bias that favours militarily powerful States more able and willing to use force. Building from TWAIL and feminist insights, the article reveals trends in instrumentalization and dominance of the law on self-defence, particularly with

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Osak, Mikołaj. "Cechy stalinowskiego prawa karnego na podstawie podręcznika Igora Andrejewa, Leszka Lernella i Jerzego Sawickiego Prawo karne Polski Ludowej z 1950 r." Miscellanea Historico-Iuridica 20, no. 1 (2021): 219–38. http://dx.doi.org/10.15290/mhi.2021.20.01.11.

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Purpose of this paper is to present traits of penal law during Stalinist period in Poland based on a handbook by I. Andrejew, L. Lernell and J. Sawicki “Prawo karne Polski Ludowej”, which was first published in 1950. For this purpose, a number of issues appearing in the publication were described, such as: materialist definition of crime, ex post facto law, penality of preparation, attitude towards pre-war legislation instituted by interpretation, criticism of sociological school in penal law, position of death penalty in punishment system. Based on characteristics of them, traits of Stalinist

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Baehaqi, Ja'far. "Symbiosis of Mutualism in the Transformation of Islamic Law into National Law in Indonesia." Walisongo Law Review (Walrev) 3, no. 2 (2021): 243–62. http://dx.doi.org/10.21580/walrev.2021.3.2.15216.

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The transformation of Islamic law into national law in Indonesia became a trend after the issuance of the Marriage Law and the Religious Courts Law. The transformation of Islamic law is not synonymous with Islamization. If Islamization can occur unilaterally by Islamic law, then this is not the case with transformation. Transformation needs to involve national law as a legal system that overshadows and legitimizes it. Thus there is a dialectical relationship, namely the relationship and interaction between Islamic law and national law in harmony or conflict followed by a settlement in the form

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Turska-Kawa, Agnieszka, and Weldemar Wojastik. "Incumbency Advantage in the Context of Electoral Manipulation. Experiences of Local Elections in Poland." Lex localis - Journal of Local Self-Government 18, no. 4 (2020): 647–74. http://dx.doi.org/10.4335/18.3.647-674(2020).

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The paper analyzes the potential impact of individuals exercising their mandate and running for re-election (incumbents) on the instrumentalization of the electoral competition. The context chosen for this analysis is provided by local elections and by mechanisms used by politicians to improve their electoral chances. As in other types of elections, the personal dimension of manipulation in local elections is asymmetrical in its nature. Due to their position and resources held, incumbents are the ones who have a higher manipulative potential than their challengers. The aim of the paper is to a

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Kalinova, Maria. "The Technological End of the World." Filosofiya-Philosophy 34, no. 1 (2025): 115–27. https://doi.org/10.53656/phil2025-01-10.

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The article examines the problem of the technological end of the world from the perspective of Lacanian psychoanalysis. The most general phantasmic frames of the apocalyptic scenario are outlined, supporting the correlation between the figure of the „chain reaction“ and the master signifier in the atomic bomb discourse. The research focus falls on famous speeches and utterances of George Robert Oppenheimer, which acquired an almost post-Kantian sense of categorical imperatives, making his case a typical example of the self-instrumentalization of bureaucratic science. Examining the perverse str

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Holl, Jessica, and Jasmin Wachau. "Responding to the Instrumentalization of the Past by Right-Wing Actors: Analyzing the Varieties of Law and Memory in Brazil and Germany." Verfassung in Recht und Übersee 57, no. 2 (2024): 210–42. https://doi.org/10.5771/0506-7286-2024-2-210.

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This article explores the varieties of law and memory in Brazil and Germany, aiming to understand how and to what extent each country juridified their past. In doing so, we strive to understand this phenomenon from a contemporary perspective and within different local contexts. We focus on the remembrance of two specific historical events: the Brazilian civil-military dictatorship and the German Nazi era. Despite their unique historical experiences and approaches to addressing them, both countries face similar challenges to some extent, most notably the instrumentalization of history, particul

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Prakasa, Satria Unggul Wicaksana, Sholahuddin Al-Fatih, and Hasnan Bachtiar. "Islam and Maritime Security Cooperation Zone for Combating Terrorism: An Overview of Islamic Legal Thought." Mazahib 22, no. 1 (2023): 65–88. http://dx.doi.org/10.21093/mj.v22i1.6134.

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This article aims to examine the phenomenon of cooperation among Southeast Asian countries in dealing with the case of maritime security and counter-terrorism. The study uses the legal approach covering both international law and Islamic law perspectives. The finding of this article reveals that the implementation of the ASEAN Convention on Counter-Terrorism (ACCT) plays a crucial role in combating terrorism in the context of maritime security. Furthermore, relevant ASEAN member state authorities need follow-up support to enhance cooperation. The supports are important to counter, prevent, and

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Agojo, Kevin Nielsen M. "Policing a Pandemic: Understanding the State and Political Instrumentalization of the Coercive Apparatus in Duterte’s Philippines." Journal of Developing Societies 37, no. 3 (2021): 363–86. http://dx.doi.org/10.1177/0169796x21996832.

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As the world was mired in distress, some leaders saw opportunities to exploit the pandemic and further consolidate their grip on power. It is, thus, the objective of this article to discuss how, when, and why the state’s coercive apparatus has been instrumentalized by its leader amid a crisis. It will also explain how such apparatus has shaped both the aura of invincibility of the state and social order within the polity. The deployment of the Philippine National Police by President Rodrigo Duterte will be analyzed and discussed. The main argument of the article is that while the police has be

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Crowley-Vigneau, A., A. Baykov, and W. C. Wohlforth. "Realist constructivism: a new perspective on norm theory." International Trends / Mezhdunarodnye protsessy 21, no. 2 (2023): 44–62. http://dx.doi.org/10.17994/it.2023.21.2.73.3.

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We contribute to the advancement of scholarship on realist constructivism by illustrating its potential to enrich norm theory and elucidate the role of states in shaping identities. The primary challenge in fully realizing the potential of realist constructivism lies in reconciling constructivists' perspectives on norms as carriers of universal ethical standards with realists' emphasis on their instrumental value for state interests. We address this contradiction by highlighting the existence of two distinct types of norms: individual and group norms. Individual norms are grounded in fundament

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Tešanović, Nataša. "(De)instrumentalization of smoking in modern visual arts on the example of the rebel archetype." Politea 12, no. 24 (2022): 97–110. http://dx.doi.org/10.5937/politeia0-34984.

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The idea of 'rebellion/disobedience as an immanence of freedom' is a frequently used concept in storytelling strategies, whether art, marketing, or political activism. This idea can simultaneously or successively permeate all three areas, which is plastically demonstrated by the example of the rebel archetype. Originally used to advertise cigarette brands by celebrities, the archetype served as a means by which the tobacco industry reached new categories of consumers, who saw smoking as an act of liberation from social restraints and prejudices. By strengthening the so-called health agenda, an

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Duffy, Sandra. "Moral panics and legal projects: echoes of Section 28 in United Kingdom transgender discourse and law reform." Gender and Justice 1, no. 1 (2025): 78–99. https://doi.org/10.1332/30333660y2024d000000008.

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A grounding in the queer history of the legal system in the United Kingdom reveals striking parallels between the moral panic leading to the enactment of Section 28 of the Local Government Act 1988, and the current moment’s discourse surrounding the inclusion of transgender people in social spaces and their potential right to self-identification of gender in law. Through use of moral panic theory, this article examines and contextualizes the historical forces at play in the formation of laws around queer and trans lives in the UK, and in particular the instrumentalization of fears over the saf

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Jamie Rebecca, Rowen. "“We Don't Believe in Transitional Justice:” Peace and the Politics of Legal Ideas in Colombia." Law & Social Inquiry 42, no. 03 (2017): 622–47. http://dx.doi.org/10.1111/lsi.12262.

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This article draws on law and society theories on the circulation of legal ideas to explain the instrumentalization of transitional justice in Colombia. Most scholarship explains transitional justice as a theoretical framework or as a set of instruments that helps redress mass violence. In contrast, this study reveals that the idea serves as a placeholder for different political actors to promote their respective interests. Drawing on over fifty interviews, the study suggests that the power of transitional justice lies in its malleability, which is both its strength and its weakness, as those

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Ziegler, Katja S. "Criminal Victims/Witnesses of Crimes: The Criminal Offences of Smuggling and Trafficking of Human Beings in Germany, Discretionary Residence Rights, and Other Ways of Protecting Victims." German Law Journal 6, no. 3 (2005): 605–48. http://dx.doi.org/10.1017/s2071832200013833.

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In the crusade against organized crime, it has become more and more accepted that the often trans-border crime cannot sufficiently be tackled by enhanced enforcement and cooperation between states alone. An alternative tool may be what can be termed the instrumentalization of the victims to enable the prosecution of organized criminals. This brings to the fore the dilemma that the victims are often themselves offenders, as a rule, breaching provisions of immigration law. Therefore, it is typically not in their interest to bring offences of trafficking and smuggling, of which they are the victi

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Huhtala, Hanna-Maija. "Anti-theodicies – An Adornian approach." Human Affairs 31, no. 2 (2021): 223–35. http://dx.doi.org/10.1515/humaff-2021-0018.

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Abstract The question of why bad things happen (to good people) has puzzled individuals over generations and across different cultures. The most popular approach is to turn the issue into a question about God: Why does he allow bad things that lead to the suffering of often innocent bystanders? Some have drawn conclusions that there can be no God. These attempts that seek to find meaning in suffering are called theodicies. Thus, theodicies promise that the torment of the innocent is not in vain. In this article, I argue that theodicy as a viewpoint, independent of its intention, does injustice

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Khilyuta, V. V. "Crime and Its Elements: Issues of Doctrinal Assessment." Actual Problems of Russian Law 16, no. 3 (2021): 110–23. http://dx.doi.org/10.17803/10.17803/19941471.2021.124.3.110-123.

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The paper examines the doctrinal problems of crime as the central institution of criminal law. The essence and content of the concept of "crime" and its features are revealed from ontological positions: an act, social danger, wrongfulness, guilt and punishability. A differentiated approach to assessing the wrongfulness and social danger of an act determines the emergence of many concepts of crime and its characteristic elements (features). The legal concept of a crime is based on the fact that the act reflects and characterizes the crime and it is the act that has a set of objective and subjec

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Branch, Adam. "Uganda's Civil War and the Politics of ICC Intervention." Ethics & International Affairs 21, no. 2 (2007): 179–98. http://dx.doi.org/10.1111/j.1747-7093.2007.00069.x.

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The International Criminal Court‘s intervention into the ongoing civil war in northern Uganda evoked a chorus of confident predictions as to its capacity to bring peace and justice to the war-torn region. This optimism is unwarranted, however. The article analyzes the consequences for peace and justice of the ICC's intervention, dividing them into two categories: those resulting from the political instrumentalization of the ICC by the Ugandan government, and those resulting from the discourse and practice of the ICC as an institution of global law enforcement.As to the first, the article argue

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Govaere, Inge. "Setting the international scene: EU external competence and procedures post-Lisbon revisited in the light of ECJ Opinion 1/13." Common Market Law Review 52, Issue 5 (2015): 1277–307. http://dx.doi.org/10.54648/cola2015104.

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The article looks at Opinion 1/13 and the broader implications of the Lisbon Treaty for EU external relations competence and procedures. Two novel substantive issues are discussed. The first is the potential impact of the catalogue of competences in the Lisbon Treaty, and the codification of the doctrine of implied powers in Articles 3(2) TFEU and 216(1) TFEU. Has the Lisbon Treaty managed to reinstate the Member States as “masters of the Treaties” that can not only “codify” and “contain” but even “reverse” case law of the ECJ on EU external competence? The second is how far can the EU take pa

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ANDREI, GHEORGHE. "THE POLITICAL INSTRUMENTALIZATION OF THE COLLECTIVE MEMORY OF THE COMMUNIST PAST AGAINST THE RULE OF LAW IN ROMANIA BETWEEN 2017-2019." Studia Politica. Romanian Political Science Review 24, no. 2/2024 (2025): 389–411. https://doi.org/10.62229/sprps24-2/6.

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The present paper analyzes how the collective memory of the Romanian people about the Securitate is used by the political leaders of the governing parties between 2017-2019 with the aim to alter the criminal law and the anticorruption strategy. This paper employs the concepts of illiberalism, collective memory, and populism to explore how the “anti-anticorruption” narrative was constructed. A qualitative analysis was conducted on a selection of speeches delivered by leaders of governing parties and Prime Ministers. The findings indicate that political figures seeking to undermine anticorruptio

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AĆIĆ, MARKO, and MILOŠ GRUJIĆ. "Implementation of the Agreement on the succession of the former SFRY." Acta Politica Polonica 58 (2024): 5–18. https://doi.org/10.18276/ap.2024.58-01.

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Summary:The process of state succession, according to the rules of classical international law and the dominant theory of universal succession taken from Roman law, is inconsistent due to the sources of international law that regulate it. To standardize the practice of dealing with predecessor states and successor states in cases of succession, two international conventions were adopted: the Convention on the Succession of States concerning international treaties in 1978 and the Convention on the Succession of States concerning state property, archives, and debts in 1983. Although the former c

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Thym, Daniel. "Upholding the right to asylum in times of its “instrumentalization” by neighbouring States: Valstybe?s sienos apsaugos tarnyba." Common Market Law Review 60, Issue 4 (2023): 1101–16. http://dx.doi.org/10.54648/cola2023076.

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Frade, Celina. "The translation of affirmative action into legal discourse in Brazil." International Journal of Legal Discourse 5, no. 2 (2020): 343–57. http://dx.doi.org/10.1515/ijld-2020-2040.

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AbstractSeveral studies have recently discussed legal translation beyond the transfer of equivalent linguistic and terminological features from a source language to a target language. Such perspectives can provide linguistics, translators and legislators with a framework for translating outside events of social life, including its demands, knowledge, wishes and cultural developments throughout periods of time into legal discourse. In this paper, we aim to discuss a broader approach of legal translation to depict how public policies on affirmative action have been introduced in Brazil in the li

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Fermus-Bobowiec, Anna. "“Housing Poverty” in Poland as a Consequence of World War II: In Search of Legal Forms of Its Eradication – Allocation of Dwellings as an Institution of the Housing Law (1944–1959)." Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius) 70, no. 3 (2023): 161–80. http://dx.doi.org/10.17951/g.2023.70.3.161-180.

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The article discusses the allocation of dwellings as an institution of the housing law in the People’s Republic of Poland, which was established in 1944 and was solidified by 1959, eventually becoming a central institution, typical of the entire period of the People’s Republic. The emergence of the allocation of dwellings was caused, on the one hand, by the housing situation in Poland after World War II, which the Manifesto of the Polish Committee of National Liberation described emphatically as “housing poverty” and, on the other hand, was shaped by the solutions present in the Soviet Union,

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Przedańska, Justyna. "The faces of freedom in the concepts of a liberal and non-liberal state." Studia nad Autorytaryzmem i Totalitaryzmem 43, no. 1 (2021): 155–72. http://dx.doi.org/10.19195/2300-7249.43.1.10.

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The last decade has exposed the recession of freedom throughout the world. It arises from the latest Freedom in the World 2020 report that civil liberties and political rights have deteriorated in 64 countries, while only 37 have seen a slight improvement in these areas. The principles of liberal democracy (the rule of law, free elections, minority rights and freedom of expression) in Europe, historically the best-performing region in terms of freedom in the world, have come under serious pressure in recent years. In the article, starting from an analysis of the categories of freedom pre

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MacLeish, Ken. "Churn: Mobilization–demobilization and the fungibility of American military life." Security Dialogue 51, no. 2-3 (2020): 194–210. http://dx.doi.org/10.1177/0967010619889469.

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This article posits an analytic of mobilization–demobilization that attends to the instrumentalization and fungibility of military lives as both a primary source of embodied war-related harm and an undertheorized logic of the US war-making apparatus. Based on ethnographic fieldwork among post-9/11 military veterans in a US military community, the article explores mobilization–demobilization across three registers. First, I contrast it with dominant scholarly framings of ‘transition’, ‘reintegration’, and ‘militarization’, terms that analytically compartmentalize war in space and time. Second,

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