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21.
Two years ago, Independent Academic Research Studies, a UK based international network, started a research and implementation project to explore the potential of restorative justice to help resolve sexual offending cases involving children and young people. One aspect of this project is the use of restorative justice with sexual offending cases that occurred within the Catholic Church. The purpose of this article is to report on the main findings of the first stage of the project, based on desk research into existing or past international projects dealing with the matter. The aim, however, is not to provide a literature review of the main arguments surrounding the topic, but rather a critical overview of the restorative programs and research projects that have been implemented to test the notion’s application in sexual offending cases. The results of these programs will be contrasted with notorious cases that have been processed through the traditional criminal justice system. Therefore, this article is the first in a series on how restorative justice could be applied to help resolve the sexual scandals in the Catholic Church. 相似文献
22.
Lorna McGregor 《Contemporary Justice Review》2013,16(2):155-174
States emerging from conflict increasingly seek ways in which to address the violence and human rights abuses of the past in order to move forward into a more peaceful future. The initial responses to mass atrocities were based in legal processes focused on the punishment of the person responsible for the harm. The inadequacy of such an approach resulted in the introduction of a variety of new goals in the transitional period, including the abstract notion of reconciliation which is increasingly advanced as the central goal in dealing with the legacy of the past. This article argues that the failure to examine the relationship between a discourse originally based on human rights and legal approaches and the introduction of reconciliation has only added new challenges rather than resolved existing ones and therefore must be re‐examined. The article also argues that no single approach should take prominence in addressing mass atrocities. Rather a range of options should be available to victims, in particular given the relative youth and inexperience of approaches to violent conflict. 相似文献
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Armin von Bogdandy 《European Law Journal》2016,22(4):519-538
The article investigates competing understandings of European law. It supports, against the prevailing EU‐centred understanding, an ecumenical concept that embraces EU law, supplementing international instruments, the European Convention on Human Rights and, importantly, various domestic laws enacting or responding to such transnational law, as well as European comparative law. To keep the concept in sync with European politics, it posits a new idea that binds the parts together: to provide for a European legal space rather than further European integration (the ever closer union). This idea can also serve as European law's functional equivalent to forming one legal order. European law thus conceived grasps the puzzling complex of interdependent legal orders, sets a common frame for corresponding reconstructions (European composite constructions, legal pluralism, network theories, federalism or intergovernmentalism) and allows forces with diverging outlooks to meet in one legal field, on one more neutral disciplinary platform. Within this framework, European comparative law finds a new mission as well as a sound legal basis. 相似文献
25.
This article seeks to explain how the European Union (EU) – by challenging national defence offsets – managed to move into a highly sensitive policy area under formerly exclusive Member State competence. Whereas major accounts of integration depict defence policy as a least likely case, our process‐tracing analysis shows that the EU's recent challenge of defence offsets was a case of supranational self‐empowerment. We theorize two consecutive strategies of judicial politics, which the Commission employed at different policy stages to overcome opposition from Member States and defence firms against domestic policy change: judicialized law‐making and opportunistic enforcement. Both strategies depend on three scope conditions: expansive case law of the European Court of Justice (ECJ), its fit with policy priorities of the Commission and a credible threat of follow‐up litigation. 相似文献
26.
Paul Bou-Habib Serena Olsaretti 《Critical Review of International Social and Political Philosophy》2016,19(4):434-455
One of the most distinctive features of Ronald Dworkin’s egalitarian theory is its commitment to holding individuals responsible for the costs to others of their ambitions. This commitment has received much criticism. Drawing on Dworkin’s latest statement of his position in Justice for Hedgehogs (2011), we suggest that it seems to be in tension with another crucial element of Dworkin’s own theory, namely, its endorsement of the importance of people leading authentic lives – lives that reflect their own values. We examine this tension between responsibility and authenticity, and some strategies Dworkin does and could deploy to defuse it, which we think are unsuccessful. We then propose a solution for reconciling the demands of responsibility and authenticity, which is, so we claim, friendly to Dworkin’s fundamental commitments but which leads to a revisionist interpretation of the demands of equality of resources. 相似文献
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吴新梅 《云南警官学院学报》2005,(3):74-77
司法为民是最高法院提出的运作和衡量司法活动的一个重要价值目标。值得质疑的是它并不是从司法程序的内部结构、规律与立法的精神方面考虑问题。司法为民只能是司法公正的下位概念,即在一般的国家集体公共利益与百姓利益发生对立时,在司法公正缺乏法律和理论依据时,以为民的价值倾向作为公正的标准,并以此设计制度和具体操作才是正确的。 相似文献
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Martijn Huysmans;Ton van den Brink;Philippe van Gruisen; 《Journal of common market studies》2024,62(3):744-759
The subsidiarity principle divides competences between the European Union and its Member States. The Lisbon Treaty suggests a connection between ex ante and ex post subsidiarity review. Ex ante, national parliaments were given a role via the early warning system (EWS). Ex post, legislation is subject to review by the Court of Justice of the European Union (CJEU). More than 10 years after Lisbon, this article is the first to theorize and evaluate whether there is indeed a connection. Our theory predicts a conditional connection. Quantitatively, we provide a two-way classification of Member States based on their use of the EWS and CJEU subsidiarity cases. Qualitatively, we look back from court cases to the Council stage and analyse the Advocate General's opinions in subsidiarity cases. We find a weak conditional connection. A key explanation appears to be the Court's limited willingness to enforce subsidiarity and hence the limited incentives to go to court. 相似文献
30.
在当前,我国的社会结构无论是宏观层面还是微观层面,积累了大量的不稳定、不和谐的因素。因此,构建和谐社会是我国社会发展的需要。和谐社会构建的道德基础是制度伦理,制度伦理与和谐社会所追求的终极价值是一致的,它们之间是一种互构互益的关系。 相似文献