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Pages tagged "Law & Justice"


Royal Commission: abuse victims need to be helped, not just heard

by Michael Salter

There has been a great deal of focus on the role of a Royal Commission in delivering “justice” for victims of sexual abuse. Justice is a powerful, symbolic principle, and being listened to can be a moving and meaningful experience for survivors. My experience interviewing child abuse survivors suggests the opportunity to tell their story in a validating and comfortable environment can have a range of emotional benefits for them.

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Loud thunder, little rain: China’s new leaders target corruption

by Kenneth Chern

China’s new leaders are aware of the danger that corruption poses to the nation’s social stability and economic development.

But entrenched corruption at the local and national levels, including among the families and friends of those very leaders, will make it difficult for them to break the link between money and power that frustrates the masses but sustains the power of a Communist Party that long ago abandoned political belief for economic gain.

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R18+ rating added for videogames … but are children protected?

New guidelines for the classification of videogames have been released by Federal Home Affairs Minister Jason Clare and, despite being a step in the right direction, the revisions are largely disappointing and a missed opportunity.

The Guidelines for the Classification of Computer Games – which were revised to account for the introduction of an R18+ classification – are an important step towards the enhanced protection of minors which has been held out as a result of the reform.

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Breivik court verdict: security lessons?

by Robert Lambert 

Now that the legal question of Anders Breivik’s sanity has been resolved it should be possible to focus more closely on his political motivation and the security lessons that arise from this case. This should help inform a debate about how best to tackle the growing problem of far right violence in Europe and the US

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Homicides, homosexual advances and male honour: will NSW act on provocation law?

by Thomas Crofts and  Stephen Tomsen

Murder is the most serious of all violent crimes, and needs a determined criminal justice response. If there are circumstances in which a killing might be seen as wholly or partly excusable, then this is of interest to all citizens – particularly if these circumstances weigh unevenly against a specific social group.

Provocation is a defence that signals reduced culpability for an intentional killing by replacing a murder conviction with one of manslaughter. Historically it differentiated killings worthy of the death penalty from less heinous killings committed “in the heat of passion” without premeditation.

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The Unrepentant And Unreformed Bankers

By Phil Angelides

Money laundering. Price fixing. Bid rigging. Securities fraud. Talking about the mob? No, unfortunately. Wall Street.

These days, the business sections of newspapers read like rap sheets. GE Capital, JPMorgan Chase, UBS, Wells Fargo and Bank of America [2] tied to a bid-rigging scheme to bilk cities and towns out of interest earnings. ING Direct , HSBC and Standard Chartered Bank  facing charges of money laundering. Barclays caught manipulating a key interest rate, costing savers and investors dearly, with a raft of other big banks also under investigation. Not to speak of the unprecedented wrongdoing that precipitated the financial crisis of 2008.

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Strange bedfellows: Julian Assange and Ecuador

by Erin Fitz-Henry

Julian Assange’s appearance on the balcony of the Ecuadorian embassy in London to hold forth on his current situation, and President Obama, added a bizarre new chapter to the long-running Wikileaks saga.

It remains to be seen whether Assange will indeed be able to take up asylum in Ecuador as British police maintain they will arrest him as soon as he leaves the Ecuadorian embassy, and may even move to seize him inside the building.

But how is it that Assange has come to see a small South American country as his saviour? And what does Ecuador have to gain from confronting the UK, and by extension the US, over Assange?

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The Far Right Takes Root in Europe

by Mariano Aguirre
 
Anders Behring Breivik’s attacks are part of a worrying trend in Europe: the far right’s rise within mainstream politics.

 

 
The bloodthirsty attacks perpetrated by Anders Behring Breivik in Norway on July 22 last year (leaving 77 dead) provided a brutal awakening for all those in Europe who had been passively observing the rise of the Islamophobic far right. As the trial opens, around thirty political parties that openly call for a "pure European identity" are effectively in the process of consolidating their parliamentary positions (occasionally even signing agreements with mainstream right wing parties, as is the case in the Netherlands), and are claiming an ever greater media presence.
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The WikiLeaks War Logs Don't Show Rare War Crimes--They Show The (Legal) Reality of War

by Chase Madar
 
The real problem with the laws of war is not what they fail to restrain but what they authorize.

Anyone who would like to witness a vivid example of modern warfare that adheres to the laws of war -- that corpus of regulations developed painstakingly over centuries by jurists, humanitarians, and soldiers, a body of rules that is now an essential, institutionalized part of the U.S. armed forces and indeed all modern militaries -- should simply click here and watch the video.

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The Precariat – The new dangerous class

by Guy Standing

For the first time in history, the mainstream left has no progressive agenda. It has forgotten a basic principle. Every progressive political movement has been built on the anger, needs and aspirations of the emerging major class. Today that class is the precariat.

So far, the precariat in Europe has been mostly engaged in EuroMayDay parades and loosely organised protests. But this is changing rapidly, as events in Spain and Greece are showing, following on the precariat-led uprisings in the middle-east. Remember that welfare states were built only when the working class mobilised through collective action to demand the relevant policies and institutions. The precariat is busy defining its demands.

The precariat has emerged from the liberalisation that underpinned globalisation. Politicians should beware. It is a new dangerous class, not yet what Karl Marx would have described as a class-for-itself, but a class-in-the-making, internally divided into angry and bitter factions.

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