The confine of criminal law intervention in media
As a public communication tool, mass media is the best instrument to achieve radical rights such as free opinion, free expression and free information/communication. Since radical laws are not limitable – except than necessary cases pointed out in international documents (Human Rights Declaration, Article 119; International Convent on Civil and Political Rights, Articles 19 & 20) – there should be justified grounds and principles to control and monitor mass media by penal tools as the most important limiting factor. To this end, it is only damage principle in extensive damages criminalization that leads into lowest criminal law interferences in media field. Other basics including public interest, legal patriarch and legal moralism pave the grounds for government to use such basics in order to interfere in basic rights and also media field.
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Capital Punishment: Judicial Discretion in Sentencing and Indian Law
There has been recent upsurge, alleging judicial bias in sentencing process, especially in awarding capital punishment. Even Apex Court has admitted that doctrine of ‘rarest of rare case’ is not working properly. Taking note of that, few scholars blamed the very core of sentencing policy, and demanded ban on capital punishment. Their argument is precisely based on constitutional doctrine of ‘arbitrariness’, ‘equality’, and ‘fairness’. This work examines few of such allegations, and explains that non-implementation of ‘rarest of rare’ formula may be rooted in lacadiascal approach by the trial courts. However, the doctrine is, constitutionally unassailable.
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The primary responsibility of the attorney to the client
With the conclusion of the advocacy contract, attorney and client have the right and duty to one another and they have mutual legal relations, duties and responsibilities. Obviously, the legal delimitation of the responsibilities is effective in preventing potential conflicts between the contracting parties of advocacy and, therefore, reduces the volume of court cases effectively. Attorney's obligations to the client are either directly from the legal contract, or are indirect from the agreement between the attorney and client may also have its origin in addition to the conditions and obligations under the contract, or be independent. However, it is necessary to fulfill such obligations. Obligations that are directly derived from law practice contract are due to the nature of the contract. Mere for the realization of the contract, without clear cause are the responsibility of the attorney. In this paper, the class of obligations as "the primary responsibility of the attorney to the client" will be discussed. In this paper, it will be tried to explain the importance of the primary responsibilities of the attorney to client, this issue is examined from various aspects in Iranian law and to some extends, in some countries, particularly Egypt and the UK as possible to the right as a comparative study.
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One of financial rights of wife based on Islamic jurisprudence
A mut'atutalaaq is a title for the financial right that belongs to divorced women on the basis of the basis of Islamic teachings. However this right is deserved by the wife only if the divorce is applied by her husband and she herself was not culpable in the case Imamia jurists, supported by verses and narrations, have proposed three views on this right: 1) Most of them believe that it is obligatory for this right to be given to those whose intercourse has not taken place and the divorce dowry has not been fixed. 2) Some of them say that it is an obligatory grant for all of the divorced women. 3) Others say that it is an obligatory for this right to be given to all of the types of divorced women mentioned in surah Baqara ayah 236 and it is highly recommended (Mustahab) for it to be given to others as well. In this article, I have studied these statements and have mentioned citations for each of these.
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Usages of drugs among youth
This study focuses on the drug usage of drugs among the youth. Drug usage has become a major issue in the world as well as in Pakistan and needs to be controlled. Its consumption has become a trend among the youth, which is now more so than before. A systematic study was conducted, in which questions were devised according to the research project title. The results of this survey elaborate the effects of drugs on the youth, specifically in Pakistan. These questions are very integrated in support of each other. Every question opens a new window of findings to the research. All questions have been analyzed separately and in relation to one another in order to give a complete view of the data collected.
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Digitalized terrorism -the technological advancement of crime
'The start of new century may have seen a decline in the number of incidents of 'traditional' terrorism such as hijackings and kidnappings but the lethality of the terrorist potential has risen to a frightening degree with the advent of digitalized terrorism , and its links to computer technology. The vulnerability of the critical infrastructure has led to increasing concern that it will be the target of terrorist attacks. In this highly topical study the authors examine the new terrorist tools and their appalling capacity for the destruction of human systems. The authors claim that the technological revolution has effectively 'democratized' computer knowledge so that the forces of law and order no longer have an inherent advantage of power and privilege. Their special challenge in the new century will be to match the resourcefulness and ingenuity of their terrorist adversaries. The purpose of this paper is to explore how the Internet is altering the traditional concept of terrorism. What are the common Ways of terrorists attacks Cyber-terrorism or digitalized terrorism is a catastrophic phenomenon that has not yet attracted the attention of the Indian Legislature exhaustively. The paper consider whether there is a need to react to digitalized terrorism and if so, to what extent?
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The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006: An Affirmative Action for Development Induced Displaced Forest Dweller Tribes
The tribal who were protecting the natural resources for the centuries are now being deprived of these natural resources for the development projects. The tribal area is full of natural resources which contains bauxite, iron ore, coal etc. these are required for the manufacturing industries. Deprivation of these natural resources are making them more vulnerable marginalized group. They become not only socially and economically marginalized groups but also physiological and cultural marginalized groups. The State is required to take ‘affirmative action’ to stop the marginalization of the tribal group. Generally the ‘affirmative action’ means as reservation policies for the marginalized groups in jobs. It is not the whole truth meaning of ‘affirmative action’. Any action of the State to minimize the difference between the advanced group of society and non-advanced group of the society is affirmative action. The Central Government has enacted a law titled as The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 to reduce the pain caused to tribes by development induced displacement. This article will explore how The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is working as affirmative action for tribes. It will also enumerate the pain suffered by the tribes in the process of development projects.
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The effect of family challenges on juvenile delinquency (library research in some cities in Iran)
The most important factors in juvenile delinquency are rooted in the family. Hence while doing a library research, this article seeks to examine family factors implicating abnormality and deviancy among them in some cities in Iran, including Arak and Kerman and has reached some findings. Some of these factors are pertinent to the challenges in the family structure including the way the family is created, raised, and organized. On the other hand, some are pertinent to the current social and economic challenges in the society negatively affecting the family and rising juvenile delinquency. Finally in order to have a healthy generation and to control delinquency for the time being and in the future, the article emphasizes that one must pay close attention to the factors influencing juvenile delinquency which are stated in the study. Although this research was statistic but we couldn’t add schedules and schemes to observe compression.
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Conceptual Study of criminal policy
Basically a society cannot be silent towards a crime which threatens its entity but, instead it should apply all its efforts in order to challenge control and campaign any criminal behaviour so as to achieve individual and social order. Such issue, for sure, will require targeted and proactive planning and policy making, since one cannot arbitrarily fight against social anomalies. How should we proceed with such planning and policy making? What programs one must follow to contain these wrong doings? Who will administer and carry out such Tasks? The answers for these questions are given in the meaning of the criminal policy. barristers have different meanings for this term . Still one cannot find a cut and dried answer for it since they are ambiguous. When we study the development process of this term as from the beginning we will find out that such policy starts from narrowly defined concept and ends to an absolute broad sense .In each of these processes one should observe such behaviors which destroy social norms. These behavior starts from attempting a crime and ends with committing or consummation a criminal wrongdoing. Agents and administrator charged with controlling and containing anti – social behaviours start with government– oriented attitude and ends to society – oriented tasks. Finally they include words such as preventing from criminal offense and advising the wrongdoers. In This article we will try to study such term in all aspects.
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The Effects of International Human Rights Law on International Labor Law
Since the outset of its advent, international human rights law has been evolving. Today, human rights law regulations encompass a wide range of binding rules regarding different areas ranging from right to life to right to access to the employment. International human rights law include various human rights which can be categorized into three generations of rights, namely civil and political rights (first generation), social and economic and cultural rights (second generation) and collective rights (third generation). This paper examines the rights which are economic and social rights and are more specifically labor-related rights in international human rights law and the effect of this system on international labor law. These rights include rights of the workers to have decent working conditions, right to access to employment, right to have equal treatment at occupation, right to have equal pay for equal work. Much of the labor standards found in international labor law today, have human rights dimensions such as access to the employment, non-discrimination, decent working conditions in occupation, etc. Thus, much of human rights regulations relating to labor are now found in domestic and international labor law. This paper also examines the dimensions of the effect of human rights law on the development and evolution of labor standards.
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