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1.
It has been estimated that deregulation of US S&Ls will cost the US taxpayer £500bn in terms of the compensation paid out for the resulting scandals and failures. In contrast, the deregulation of UK building societies, although initially followed by a series of scandals and losses of £1bn., eventually resulted in substantially increased profitability. The social effects in the UK have been quite different to those in the US. As a result of the increased importance placed on profitability as opposed to mutuality, many homeowners have had their properties repossessed, and investors been mis-soId unsuitable investments. However, UK building societies, by a mixture of good luck and judgement, have avoided the principal regulatory pitfalls, which beset the S&Ls in terms of bankruptcies and fraud. This paper seeks to explain these different post-deregulation experiences. It extends to the UK the looting model of Akerlof and Romer (1993) and the managerial diversion model of Nichols (1972) which went so far to explain and anticipate, respectively, the US experience. This revised version was published online in July 2006 with corrections to the Cover Date.  相似文献   

2.
This article tries to explore the factors affecting women's participation in indigenous conflict resolution among the Issa and Gurgura clans of Somali ethnic group. It also tries to explore the system of conflict resolution among the Issa and Gurgura clans and women's representation in the system. It assesses the role of women in the formation of social capital through marriage and blood relations between the different clans. Women are the primary agent in the formation of social capital between clans or ethnic groups. The paper focuses on some of the important elements of the socio-cultural settings of the study community that are in one way or another related to conflict and indigenous conflict resolution mechanisms. It also examines the positive aspects of marriage practices in the formation of social capital which strengthens friendship and unity instead of enmity.  相似文献   

3.
Prior to the democratization of the South African society, human rights culture was at a lower ebb, both within the government and the society at large. The society was male dominated and the vulnerable members of society, ostensibly women and children, were not adequately protected against their male counterparts. The Republic of South Africa Constitution Act, brought with it a bill of rights which is justiciable and this led to the promulgation of various legislative measures, notably the Prevention of Family Violence Act, which was later replaced by the Domestic Violence Act, in terms whereof the state attempts to curb the scourge of gender and related violence.  相似文献   

4.
Civil Society refers to the civil organizations and activity space existing in society but outside the control scope of a government, and it is a society formed by citizens and the totality of citizen communication. Civil Society has a close connection with the law as the law just derives from regulations of Civil Society and acquires political form through a country. Civil Society is the social cultural foundation of laws and the rational regulation of Civil Society is the foundation on which the legal order is established.  相似文献   

5.
The nations of the world are generally shaped by a cultural diversity, which must be preserved. This leads to a fundamental and essential defense of indigenous groups and their human rights. The purpose of this article is to highlight the importance of defending human rights of indigenous cucapa, natives settled in the northeast of the state of Baja California in the Delta of the Colorado River, especially with regards to their fishing rights, which is their main source of food and survival. The environmental laws that have been issued in the country have greatly affected them, banning commercial fishing in some areas and totally in many other areas, adding to that a not to subtle performance by the appropriate regulation authorities, preventing them from fishing sea bass, hence their consumption and marketing, which is reflected in their socioeconomic status. For this reason and in response to this violation of their human rights, women have decided to enter a cucapa womb strike, which threatens the existence of the tribe by not reproducing.  相似文献   

6.
The increasing popularity of the Internet in recent times brought profound changes to the society as a whole. Communications mediated by computers are now a consolidated reality in large parts of the world. And the virtual social networks are confused by many with the Internet concept itself. In turn, the Brazilian legal system lacks specific legal rules to address the legal relations taking place within its scope. And the case law is increasingly facing the subject. Within that framework, the doctrine's role is emphasized. Therefore, this article aims at investigating the civil liability for consumer accidents occurred in social networking websites on the Internet. After describing the virtual universe's peculiarities, this paper intends to approach the consequences when consumer accidents occur, since those accidents, considering the technological complexity of that environment, stress the obvious vulnerability of the consumer even more.  相似文献   

7.
The article seeks to build the case for the rise of afro-Pentecostalism, as the dominant ecclesiastical paradigm in the Kenya of the 21st century; which has now surpassed the traditional ecclesiological axis (refer to Catholics, Anglicans, Methodists, Presbyterian and other mainline churches). Their social influence can no longer be underestimated as they have also abandoned their traditional exclusivist approach to inclusive and holistic approaches in dispensing their spirituality discourses. Following Kenya's independence from the British, in 1963, the mission churches continued with their holistic and socially influential ministries to the last half of the 20th century. In the twenty-first century however, the article argues, Pentecostalism, which has repackaged itself as the "real" guardians of the African heritage and spirituality has however taken over some of the critical socio-political roles previously dominated by some of the mainline churches. In its methodology, the article surveys the changing patterns of Pentecostalism wherein its ability to capture African ethos of wholeness where religion provides solution to every life problem, such as disunity, health and economy among others--is now manifest. Does afro- Pentecostalism have any relevance in the post August 2010 Kenyan national referendum which ushered in a new socio-political dynamics following the promulgation of the new constitution? Addressing cuttingedge issues facing the African society, without necessarily losing their gospel constituency makes the emerging Christianities become afro- Pentecostalism. The article covers a wide range of issues, scholarly literature and reports (including newspaper articles and blogs etc.), and other background materials. Formal methods employed focused on short surveys and semi-structured interviews; informal observations and meetings that complemented these methods.  相似文献   

8.
The paper aims to give an account of the substance and support the development of community based organizations in balancing their interests against the interests of the mining industries. It further examines the issue of the protection of social and economic right in the context of the globalization of the activities of multinational mining and petroleum companies, as illustrated by different instances of increasing state withdrawal and with regard to specific African countries. In Africa, economic liberalization has been accompanied by a programmed redefining of the role of the state withdrawal from certain areas: planning, production and social reform, a reorientation of state intervention from certain other areas, redistribution, regulation and mediation etc, with a view of promoting a particular type of growth strategy based on promotion of private economic interests. This process has led to the delegitimation and weakening of states which were already characterized by fiscal crises, notably in countries under structural adjustment. While the process of reconceptualisation of the role of the state is not specific to Africa, its impact has been particularly significant with regard to the possibility of implementing developmental strategies designed to protect social and economic rights.  相似文献   

9.
Nowadays, sexual orientation is a cause of discrimination with its own autonomy in laws of European Union. The Treaty of Amsterdam, which came into force on May 1, 1999, marks a significant milestone for homosexual, bisexual, and transsexual persons. In this process, the rich experience of the European Union in combating discrimination due to gender in the workplace is very important. The great opportunity created by article 13 of the Treaty of Amsterdam was the extension of protection to a much wider range of discrimination, including sexual orientation. On the other hand, if we consider the situation of lesbian, bisexual and transsexual women in the workplace, it may be very difficult to ascertain if the discrimination is due to their gender or their sexual orientation. In fact, cases of double discrimination are very common. For example, The Commission's 1991 Code of Practices on Sexual Harassment states that lesbian women are disproportionately at risk of sexual harassment. This is revealing the potential overlaps between gender and sexual orientation, with a great difficulty to adapt anti-discrimination protections to deal with these situations.  相似文献   

10.
The European Union in its task of coordinating the different social protection systems recommends member countries to take steps to prevent economic imbalances caused by ageing populations. Spain and other European countries-such as Sweden, Italy or Germany, follow the trends marked by the European Union with regard to pensions. In recent years, these countries have carried out reforms to be entitled to benefits, increase the proportionality between contributions and benefits and introduce formulas similar to private funded systems. These reforms will lead to retirement pensions linked to contributions becoming an airtight system, thus excluding the most vulnerable workers from them. This work aims to show that this type of restrictive measures despite being formulated in a neutral way, fail to correct-and actually increase-the differences between women and men in employment, since women are more affected by unstable working conditions than men. Lower wages for women and higher incidences of their careers being interrupted to attend to family duties will make access for women to retirement pensions even harder. The shortfalls in the protection of retirement pensions contrast sharply with a common European employment policy which aims to raise the employment rate of women. Having examined the incidence of this type of reforms from a gender perspective, the final aim of the work will be to show whether the European directive against discrimination regarding Social Security, headed by Directive 79/7 and displayed in the European Court of Justice's case law, constitutes an adequate regulatory tool to neutralize those reforms which lead to indirect discrimination.  相似文献   

11.
Casualisation is a new form of work arrangement occasioned by globalisation and trade liberalisation. This development was facilitated by the technological improvements in communication and information technology. Scholars have attributed the shift from standard work arrangements to nonstandard work arrangements to the fact that employers use it to avoid the mandates and costs associated with labour laws which are designed to protect permanent employees. Casualisation became a feature of Nigerian labour market in the late 1980's and is traceable to the adoption of the Structural Adjustment Programme in line with the neoliberal policies prescribed by the International Monetary Fund and the World Bank. One of the effects of this policy was the retrenchment of workers in the public sector which created large scale unemployment. However, the private sector which was to be strengthened by government policies to absorb these workers could not absorb all the retrenched workers from the public sector. Therefore, many of them were employed as casual and contract workers with low remuneration, limited benefits and lack of right to organise. This development led to a 'race to the bottom' of labour standards. This paper seeks to examine the adequacy of labour laws governing trade unionism in Nigeria in ensuring the right of nonstandard workers to freedom of association, as well as their conformity to international labour standards. It is argued that Nigerian labour laws are inadequate and need to be reformed in order to give protection to casual and contract workers in many sectors of the economy and to guarantee their right to unionise in order to enable them improve their rights at works.  相似文献   

12.
The work created by the author is a unique value, which must be protected against its unauthorised use or piracy. However, the copyright protection should not take a wrong direction, because not only for authors, but as well a common society is entitled to rights protection, especially in the era of new technologies or information society. This article deals with intellectual property protection problems in the information society, when it is so easy to access copyright protected works via internet--such use for personal entertainment in order to get access to and share the achievements of culture and art with friends and family should have copyright restrictions It is high time to discuss the introduction of so-called "culture access fee", which would allow legal access to copyright protected works with slight blanket payment for all right holders.  相似文献   

13.
Various conventions and national constitutions are differently worded and the interpretation of national constitutions, in particular, reflects different approaches to the concepts of equality and non-discrimination. Different approaches adopted in the different national jurisdictions arise not only from different textual provisions and from different historical circumstances, but also from different jurisprudential and philosophical understanding of equality. The jurisprudence of courts makes clear that the proper reach of the equality right must be determined by reference to the society's history and the underlying values of the Constitution. It has been observed that a major constitutional object is the creation of a non-racial and non-sexist egalitarian society underpinned by human dignity, the rule of law, a democratic ethos and human rights. From there emerges a concept of equality that goes beyond mere formal equality and mere non-discrimination which requires identical treatment, whatever the starting point or impact. The question is, how does the state, in limiting religious freedom, conform to the standards of an open and democratic society based on human dignity, equality and freedom? The hope is that the conclusion of this paper will then be able to be extended to more controversial cases, in particular, involving limits on the right to freedom of expression, culture and belief.  相似文献   

14.
Non-marital cohabitation is one kind of the "family" lifestyle which people independently choose. A harmonious society is that of sustainable development society which treats people as its center, and objectively, it requires respecting for people's right to choose their lifestyles independently. However, the social problems arising from non-marital cohabitation shouldn't be neglected. The laws should recognize the concerned parties' freedom to freely choose the lifestyle of non-marital cohabitation and also prevent such social problems which it possibly causes. The authors propose that the special legal system of non-marital cohabitation should be established, for the purpose of promptly preventing and solving the disputes which triggered by non-marital cohabitation, protecting the rights and interests of the concerned parties and their children, and hence promoting the construction of the harmonious society in China.  相似文献   

15.
Dear Editor,The increase in migration across countries has led to a range of problems in public health,border control,traveller and deceased identification,age assessment on unaccompanied minors,and identification of dead migrants.A review of these procedures in Italy highlights the need for a wider and centralized collection of antemortem and postmortem data as of the quality of postmortem data collection[1].  相似文献   

16.
The purpose of this essay is to highlight the fact that certain specific governing or guideline criteria are in fact necessary before one can establish cases in which it would be admissible to treat the genders unequally. Those criteria, insofar as women's rights are concerned, consist of the need to overcome a situation of inequality which arises due to cultural and social reasons. An analysis of the different types of feminist movements follows, concluding that feminism implies two types of hypotheses. On one level feminism can be said to be a theory for equality; on another level it is a theory which turns around the objectivity of law, although it does, in both cases, challenge classical political and iudicial theses.  相似文献   

17.
Equal rights to work between men and women are recognized as fundamental human rights by many international conventions including the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and the International Covenant on Economic, Social and Cultural Rights. Also, constitutions of many countries recognize equal rights to work as basic constitutional rights. But women all over the world still face numerous kinds of sex discrimination, including direct sex discrimination and indirect sex discrimination, especially in working life. Indirect sex discrimination against women in working life undermines women's equal rights to work in a covert way, which is just as harmful as direct sex discrimination and should be prohibited by law.  相似文献   

18.
The paper is centered on the Ombudsman's role in the defense of individual human rights. The institution of the Ombudsman is based on the idea that citizens should be entitled to complain against specific acts and behaviors of their rulers and that their complaints should be investigated by an independent body. In Europe, the establishment of a specific office to investigate citizen complaints against public bureaucracy is relatively recent,  相似文献   

19.
This paper investigates the issue of race as a variable in research ethics and the extent to which it is morally appropriate to regard the race of research subjects as a relevant factor for research outcomes. The author analyses the challenges posed to deliberation in Institutional Review Boards (IRB 's) on this matter. The first part of the paper consists of a conceptual analysis of the notion of deliberation, drawing on the work of Elster, Habermas, Rawls, Gambetta and others. Special attention is paid to the dialogical structure of deliberation and the complexities attached to the notion of race, as a social construct. Arguments in favour and against the proposal that race is a valid variable in biomedical research are systematically distinguished. The author comes to the conclusion, based on an extensive literature review, that race sometimes has to be taken into consideration, subject to clearly stated qualifications. In conclusion it is argued that deliberation, especially about such a controversial notion such as race should not be expected to yield definitive truths. The most we can expect is a series of (hopefully) progressive settlements that represent provisional beacons of insight on which we can draw in future conversations. Race represents a field of tension and contestation that will inevitably continue to permeate interpersonal contact and social relations for the foreseeable future.  相似文献   

20.
Dromologic research of "man's status in the world" shows that manhis perception, his language as well as his thinking is substantially changed by the speed of information translation. This paper critically analyses the theory of French cultural critic, city planner and philosopher Paul Virilio. Virilio's texts which deal with the impact of speed on the contemporary world. The development of means of transport used by people for the purpose of movement-from horse carts, railways and cars to planes, culminated by the arrival of digitalized audio-visual hypertext, the last "vehicle'" that replaces its drivers "physical movement by total inertia. How does that historical succession starting with metabolic vehicles such as a horse, ships, railways, cars planes to the latest ways of tele-transfer, tele- presence and audio-visual vehicles, influence our present-day concept of the world? What are the social cultural political and economic consequences resulting from continuous acceleration of social processes, from inertia of absolute speed? Can increasing the speed of our technologies lead up to the irreversible immobilization of social players? Does our effort to represent the reality depend on the kind of media and on speed? The study analyses Virilio 's texts and it presents the interpretation of the main propositions of his dromology.  相似文献   

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