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Applying Vipassanā Meditation as a Jail Reform Technique: A Case of Nakkhu Prison, Lalitpur, Nepal
Issue:
Volume 5, Issue 3, September 2022
Pages:
242-250
Received:
25 May 2022
Accepted:
13 June 2022
Published:
28 July 2022
DOI:
10.11648/j.ijls.20220503.11
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Abstract: Vipassanā meditation has been historically practiced in many sections of society. By practicing this meditation technique, many householders have achieved mental peace and improved their day to day life situation. Research has demonstrated that vipassanā meditation works well not only among common householders and various sections of society but, also among jail inmates. Research studies in the past have shown that vipassanā has brought positive changes among inmates, which helps in jail reform. Recently, several studies have revealed the positive effects of vipassanā meditation on lay-practitioners. A mixed method has been used to analyze the behavioral changes of Nakkhu Jail inmates in nine different areas of their daily life before and after vipassanā meditation. Empirical results reveal that vipassana meditation helps to develop positive and optimistic attitude; reduce anger, irritation and anxiety; make self-correction of behavior; improve physical and mental health and purify their mind and character. A pair t-tests is used to compare the differences in means before and after vipassanā mediation of same inmates, and the result shows that there is significant difference of means in seven areas. With this, the research reveals that the vipassanā meditation can be used as an effective tool for jail reform in Nepal.
Abstract: Vipassanā meditation has been historically practiced in many sections of society. By practicing this meditation technique, many householders have achieved mental peace and improved their day to day life situation. Research has demonstrated that vipassanā meditation works well not only among common householders and various sections of society but, a...
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Re-Interrogating the Concept of Smart Contracts Through EU GDPR’s Lenses
Issue:
Volume 5, Issue 3, September 2022
Pages:
251-256
Received:
21 May 2022
Accepted:
11 June 2022
Published:
29 July 2022
DOI:
10.11648/j.ijls.20220503.12
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Abstract: The term ‘smart contracts’ is superficially misleading. It does not connote ‘contracts’ as we know them, rather it is a technical coinage which represents computer codes automated to execute and consummate agreements to the exclusion of third parties. Since its proposition in the 90s, smart contracts have offered alternative and seamless channels of consummating economic and social transactions with the increased processing of personal data as an integral part of the system. By design, smart contracts function with many actors shouldering various responsibilities with data protection implications one one hand while the automated codes organically impact privacy when utilized for desired results. Even though there exists no generally acceptable definition of smart contracts, this article examines some academic attempts at defining the contemporarily technical term of smart contracts within the context of its recorded history as traced back to Nick Szabo’s intervention in the 90s. Since smart contracts are predominantly transactional, the article analyses how they oblige users personal autonomy and control on the personal data processed and other techniques ensuring personal data is not compromised while utilizing smart contracts. Ultimately, the article discusses smart contract’s interplay with data protection vis a vis some requirements of data controllers under the EU General Data Protection Regulation (GDPR) and the concludes that privacy must be of paramount consideration at the inception of every smart contract.
Abstract: The term ‘smart contracts’ is superficially misleading. It does not connote ‘contracts’ as we know them, rather it is a technical coinage which represents computer codes automated to execute and consummate agreements to the exclusion of third parties. Since its proposition in the 90s, smart contracts have offered alternative and seamless channels o...
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The Contemporary Study of the Theory and Applications of Pancasila Industrial Relations from the Perspective of Indonesian Labor Law
Issue:
Volume 5, Issue 3, September 2022
Pages:
257-266
Received:
12 May 2022
Accepted:
30 May 2022
Published:
4 August 2022
DOI:
10.11648/j.ijls.20220503.13
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Abstract: This research is very important because the theory and application of Pancasila industrial relations (Hubungan Industrial Pancasila or HIP) is considered to be inconsistent in its application. For example, industrial relations on the one hand are under the strict control of the central government and on the other hand are decentralized. Then, the classic problems of industrial relations in Indonesia tend to be unresolved regarding the position of workers/laborers who are still weak compared to employers, for example the protection of workers' rights in the labor law. The purpose of this paper is to examine the meaning and contemporary of the theory and application of HIP from the perspective of Indonesian labor law. A focused literature review was carried out to review HIP in line with advances in information and communication technology (ICT) which have changed the visual representation of the industrial world in various countries in the world which are heading towards a global value chain. The methodology used in this research is using a normative juridical method approach. The research findings reveal that the industrial relations policies carried out by the government and the legislature in the labor sector in Indonesia are still considered not in accordance with Pancasila as philosofische grondslag (fundamental philosophy) and as a source of all sources of law or as a source of national basic law in the legal system. in Indonesia, and the 1945 Constitution. The results of this study are expected to provide a significant contribution to stakeholders in the labor sector in making and implementing Pancasila industrial relations policies in order to create a conducive employment ecosystem.
Abstract: This research is very important because the theory and application of Pancasila industrial relations (Hubungan Industrial Pancasila or HIP) is considered to be inconsistent in its application. For example, industrial relations on the one hand are under the strict control of the central government and on the other hand are decentralized. Then, the c...
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Utilization of State-Owned Goods as Assets Sharia Bank Certificate National (SBSN) in Financing Infrastructure Development Indonesian Tourism
Issue:
Volume 5, Issue 3, September 2022
Pages:
267-275
Received:
1 July 2022
Accepted:
25 July 2022
Published:
5 August 2022
DOI:
10.11648/j.ijls.20220503.14
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Abstract: Indonesia is blessed with a wealth of human resources, biological and non-biological resources, which are a major asset in the development and improvement of national tourism. The amount of funding to support tourism development amid the limitations of the State Revenue and Expenditure Budget (APBN), is supported through the mobilization of National Sharia Bank Certificates (SBSN) as sharia-based financial instruments that are guaranteed through the use of State Property (BMN) as underlying assets. However, there is a view of Underlying State-Owned Assets as a form of violation of the national SBSNThe method of normative juridical approach, descriptive analysis research specifications, data sources come from secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials, and qualitative data analysis. Research results: First, the magnitude of the contribution of the tourism sector to national economic growth placing the tourism sector as a national strategic program in order to improve the welfare and prosperity of the people; Second, SBSN participates in financing tourism infrastructure in the midst of limited government budget funding; and Third, Underlying State-Owned Assets does not interfere with the implementation of government duties because the sale or lease is carried out only on the Benefit Rights of State-Owned Goods, there is no transfer of ownership rights (legal title) of State-Owned Goods. This research provides positive implications where BMN can be optimized in financing national development.
Abstract: Indonesia is blessed with a wealth of human resources, biological and non-biological resources, which are a major asset in the development and improvement of national tourism. The amount of funding to support tourism development amid the limitations of the State Revenue and Expenditure Budget (APBN), is supported through the mobilization of Nationa...
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Rule of Law: The Soul of Transitional Justice in the Rule of Law
Katherine Paola Ribero Salazar
Issue:
Volume 5, Issue 3, September 2022
Pages:
276-283
Received:
22 March 2022
Accepted:
11 May 2022
Published:
10 August 2022
DOI:
10.11648/j.ijls.20220503.15
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Abstract: For transitional justice to work in a country where its fundamental pillar is the rule of law, it is appropriate to recall the origins of the word itself, its definition, its objectives, its levels (Individual, Nation – States, Corporate Actors and the Supranational Institutions), its principles, the subject of reparation (the victim), its importance in strengthening the rule of law, the elements of a policy of this kind of comprehensive justice, and then remember that it is important in the solution of crimes committed within the rule of law, in international crimes. Countries going through internal armed conflicts or wars find in transitional justice an important tool for peace building and reconciliation. Transitional justice does not have a unique form but manifests itself in different ways according to the specific conditions of each conflict, each country and each historical moment. Culture, the strength of the conflicting powers, the economic interests behind the conflict and international human rights requirements are some of the factors that influence the specific characteristics of each transitional justice process. Transitional justice should be understood as that special and exceptional model that a society applies with the purpose of healing and repairing the wounds suffered after long periods of violence or disregard of rights, but it will establish that although each model of transitional justice is unique as each society and conflict is unique, there are also some elements that will allow peace to be achieved. We have seen this in situations throughout history, such as what happened in the Nuremberg and Tokyo trials, as well as in transitional processes in Latin America and South Africa, in the reflection of a power struggle; subsequently becoming a tool for peace building. This is evidence of how this concept has evolved over time.
Abstract: For transitional justice to work in a country where its fundamental pillar is the rule of law, it is appropriate to recall the origins of the word itself, its definition, its objectives, its levels (Individual, Nation – States, Corporate Actors and the Supranational Institutions), its principles, the subject of reparation (the victim), its importan...
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Brief History and Contemporary Practice of Wise Men and/or Groups of Eminent Persons Phenomena
Issue:
Volume 5, Issue 3, September 2022
Pages:
284-304
Received:
6 July 2022
Accepted:
1 August 2022
Published:
10 August 2022
DOI:
10.11648/j.ijls.20220503.16
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Abstract: GEPs today represent the geographically wide-spread phenomenon organically linked with the existence and practice of international organizations. International organizations consider such bodies as a useful to analyse the situation of concrete organization and make recommendations to improve it mainly within the sphere of policy or legal order or moreover to formulate recommendations on any matter relating to promotion and maintenance of peace security and stability in the specific region. This contribution do not offer the exhaustive and comprehensive analysis of the phenomena of wise men and/or Groups of eminent persons, but is focusing on the analysis of the historical trends and evolution of GEPs and the comparison of current practice of international organizations to identify a set of similar and different circumstances when they decide to set up GEPs. As members of GEPs usually operate in their individual capacity and did not represent governments, GEPs role is to help to build the institutional structure and/or constituent act of international organization in one region or to strengthen the peace and stability in the other region. The aim of the contribution is to proof that the GEPs do not have asingle (ad hoc) character and are established by different ways. The establishment and functioning of GEPs has a specific historic roots which may be inspired by the centuries´ old practice in dispute and conflict resolution respecting the importance of customary traditional conflict resolution mechanism. The current practice of GEPs already shows that it exceeded the area of international organizations and is starting to be used also within the relations of international organization and third countries, within the specific interregional relations, within bilateral relations between states and even within the process of the preparation and ratification of concrete international treaties.
Abstract: GEPs today represent the geographically wide-spread phenomenon organically linked with the existence and practice of international organizations. International organizations consider such bodies as a useful to analyse the situation of concrete organization and make recommendations to improve it mainly within the sphere of policy or legal order or m...
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Appropriate Limitation for Mental Damage Compensation in Liability for Medical Damage
Issue:
Volume 5, Issue 3, September 2022
Pages:
305-318
Received:
21 July 2022
Accepted:
8 August 2022
Published:
17 August 2022
DOI:
10.11648/j.ijls.20220503.17
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Abstract: Since the 19th century, the compensation system for mental damage has been established in many countries. Unlike the general damage compensation, mental damage compensation refers to the non-property damage that requires the infringer to make the corresponding compensation by means of money. The mental damage compensation in the medical damage liability refers to the situation that the patient suffers serious mental damage due to the medical negligence of the medical staff, and then seek compensation from the medical institutions. The mental damage compensation in medical damage liability is both comforting and punitive. The comforting function is the main function, the punitive function is the auxiliary function. But so far, the determination of the principle and amount of compensation for mental damage in the medical damage liability is still controversial. This paper takes the restrictions on the amount of mental damage compensation in Germany and the United States as examples, introduces the relevant Chinese law and regulations as well as different views of scholars, combines relevant cases in China, and discusses the principle that the mental damage compensation should be appropriately limited. As for the amount of the compensation, this paper introduces the principle of proportional compensation, and further proves its rationality and feasibility by discussing relevant cases in China. Setting a maximum limit for mental damage compensation has always been the heart of tort reform which aims to reduce the cost of medical malpractice litigation. By setting a maximum limit, the amount of compensation is appropriately limited. Thus, while protecting the rights and interests of patients, the development of social and medical undertakings can be further promoted.
Abstract: Since the 19th century, the compensation system for mental damage has been established in many countries. Unlike the general damage compensation, mental damage compensation refers to the non-property damage that requires the infringer to make the corresponding compensation by means of money. The mental damage compensation in the medical damage liab...
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Neuro-Legal Sciences from a Neocontemporary and Futuristic Perspective
Issue:
Volume 5, Issue 3, September 2022
Pages:
319-323
Received:
17 June 2022
Accepted:
5 August 2022
Published:
24 August 2022
DOI:
10.11648/j.ijls.20220503.18
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Abstract: This article is conducted according to a documentary theoretical investigation under a proposal that claims to have foundations of realistic orthodox scientific rigor because it is not a science fiction novel rather it is a realistic framework of what happens in the neo-contemporary progress to axioms Futurists that can be seen as retro-futuristic phenomena in terms of the applicability of the sciences of "complexity" as they call it today for the progress of neuro-legal sciences at an international and national level in any entity. This in order to see the scope before a critical point in the face of its infinitesimal axioms that collaborative fields of high scientific specialty can provide, of which are the experimental cognitive theoretical neurophysics in auxiliary support to the evolutionary and biophysically inspired computational cognitive neurosciences. Its primary scope is to recapitulate the greatest advances from a current perspective of the developments that the scientific community wants to achieve to support said theoretical application fields from which this documentary contribution can be based and a theoretical proposal of how these advances can reach their point evolution critic to his ultimate axiom of development.
Abstract: This article is conducted according to a documentary theoretical investigation under a proposal that claims to have foundations of realistic orthodox scientific rigor because it is not a science fiction novel rather it is a realistic framework of what happens in the neo-contemporary progress to axioms Futurists that can be seen as retro-futuristic ...
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Human Rights Violations by Transnational Corporates and Their Subsidiaries in Sub-Saharan Africa: Selected Cases
Issue:
Volume 5, Issue 3, September 2022
Pages:
324-335
Received:
1 August 2022
Accepted:
23 August 2022
Published:
31 August 2022
DOI:
10.11648/j.ijls.20220503.19
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Abstract: It will soon be six decades since the States of sub-Saharan Africa gained their independence and initiated multiple industrialization projects, following the discovery of a large quantity of raw materials, in this case natural resources, a development factor. But also, many years of human rights violations in the triptych multinationals - populations - natural resources. These violations concern in particular the land rights of the populations, the degradation of the environment, the right to a healthy environment and the right to health. In order to guarantee the respect of the legal norms that protect human rights, the observation of the texts by the multinationals is imperative because, the salient aspect of these violations affects more women who pay a heavy price. However, although the legal framework for the protection of human rights in the face of the activities of multinationals is defined, various violations persist. To solve this, civil remedies are the most common means of redress in this case, although effective redress in the host state is quite limited. Much more, this can also be done by implementing effective recourse modalities for the guarantee of human rights while attaching the effective respect of human rights to the activities of companies, as well as the effective respect of the Maputo Protocol and the inclusion of women as a factor of development impetus within the riparian communities. This article’s objective aims to understand and to unpack the status of respect of human rights by multinational companies in sub-Saharan Africa, in order to propose remedies that do not leave gender aside and an approach that calls on judicial and non-judicial mechanisms.
Abstract: It will soon be six decades since the States of sub-Saharan Africa gained their independence and initiated multiple industrialization projects, following the discovery of a large quantity of raw materials, in this case natural resources, a development factor. But also, many years of human rights violations in the triptych multinationals - populatio...
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Managing Legal Education for Effective Training of Nigerian Lawyers
Issue:
Volume 5, Issue 3, September 2022
Pages:
336-341
Received:
21 August 2022
Accepted:
5 September 2022
Published:
16 September 2022
DOI:
10.11648/j.ijls.20220503.20
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Abstract: The Council of Legal Education is the statutory body with the responsibility for the legal education of persons seeking to become members of the legal profession in Nigeria, and it has the additional responsibility for continuing legal education. Also, there is the National Universities Commission that has the overall responsibility for the regulation of university education and empowered to set the minimum standards for all programmes in Nigerian universities. This paper examines the management of legal education in Nigeria, an aspect of legal education system that has not been addressed by either the Council of Legal Education, the National Universities Commission, or any of the other stakeholder in the development of the legal profession in the nation. The paper makes references to the practices in the United States of America and The United Kingdom of Great Britain, appraises the operation and performance of the Council of Legal Education, and makes recommendation for the effective management of legal education in Nigeria for effective training of the lawyers for tomorrow. The methodology adopted for the research leading to this paper is doctrinal, drawing from content analysis of primary sources such as statutes, case laws as well as secondary sources such as scholarly texts, websites, and journal articles.
Abstract: The Council of Legal Education is the statutory body with the responsibility for the legal education of persons seeking to become members of the legal profession in Nigeria, and it has the additional responsibility for continuing legal education. Also, there is the National Universities Commission that has the overall responsibility for the regulat...
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