956 resultados para law and order


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Refractive indices have been measured throughout the nematic phase of 4-n-pentyl-4'cyanobiphenyl (5CB) and the smectic A and nematic phases of 4-n-octyl-4'-cyanobiphenyl (8CB). The Vuks and Neugebauer methods of calculating the order parameter are compared. Without knowledge of the molecular polarisabilities it is only possible to calculate a quantity proportional to the order parameter, and within this limitation it is found that the two methods give identical results. The order parameter is scaled using the extrapolation method suggested by Haller [14]. Using a suitable average of the refractive indices and the density data of Gannon and Faber [9], it is shown that the Lorentz-Lorenz relation is obeyed over a 2 % density range in 5CB.

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Changes to Australian copyright law introduced under the Australia–United States Free Trade Agreement will diminish the public domain, criminalise common copyright infringing practices and locally introduce significant portions of the controversial 1998 American Digital Millennium Copyright Act. This paper examines these imminent changes to Australian copyright law, with specific attention to the potential effects of the extended duration of copyright protection and the introduction of technological anti-circumvention measures. It argues that public domain-enhancing activities are crucial for sustaining cultural creativity and technological innovation, and discusses the potential role of the Creative Commons movement in establishing economically viable and legal alternatives to the current model of trade-oriented copyright reform.

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An analysis of legislation and court decisions demonstrates that the privilege of autonomous decision making by surgeons in Victoria has become progressively constrained. Factors that have led to this include workforce issues and the protection of the public combined with increasing involvement of the courts in questions involving medical ethics.

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This paper provides empirical evidence on the nature and the extent of risks faced by small and medium-sized biotechnology and professional service firms (accounting and law) in Australia, as well as on the style of their adopted risk management methods and approaches. The findings of the study indicate that the top three risks faced by these firms are related to reputation, recruiting and retaining skilled staff, and cost management. The study also finds that more than half of the respondent firms manage risk in an integrated manner. The results of this study provide useful insights into the nature, extent and driving forces of risk management practices in these firms.

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The term moral panic has entered the media and popular culture lexicon, but retains a particular meaning for sociologists. This chapter expands on existing models of moral panics and outlines a case study that illustrates that folk devils have fought back in recent years, using technologies such as social media to present their arguments (in this instance, turning a local political controversy in Melbourne, the Australian state of Victoria, to their advantage). The battle began over a classice law-and-order issue, that is, the problem of  alcohol-related violence, expecially as it involves young people. However, the conflict took an unexpected turn when the fold devils successfully used the media to prosecute their case and force the state government's hand.

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This paper seeks to elucidate the role played by the common good in John Finnis's arguments for a generic and presumptive moral obligation to obey the law.1 Finnis's appeal to the common good constitutes a direct challenge to liberal and philosophical anarchist denials of a generic and presumptive obligation to obey the law.2 It is questionable, however, whether Finnis has presented the strongest possible case for his position. In the first section I outline Finnis's account of the relationship between basic goods, the common good, and the authority of law. Section II demonstrates how Finnis's emphasis upon the instrumental nature of the common good leaves his position vulnerable to Joseph Raz's objections3 that not all cases of law make a moral difference and that governmental authority is often unnecessary to resolve coordination problems. I argue that Raz's critique nonetheless fails adequately to address an alternative defense of the existence of a generic and presumptive obligation to obey the law, suggested by some passages in Finnis's work, according to which the common good is integral, rather than merely instrumental, to the good of individuals. In the final section I consider whether Finnis could strengthen his case for a generic and presumptive obligation to obey the law by adopting a more consistently robust—and hence also more contentious—account of the common good.

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Informal sentencing procedures in remote Indigenous communities of Australia have been occurring for some time, but it was in the late 1990s that formalization of the practice began in urban areas with the advent of Indigenous sentencing and circle courts. These circle courts emerged primarily to address the over-representation and incarceration of Indigenous people in the criminal justice system. The first Indigenous urban court was assembled in Port Adelaide, South Australia in June 1999 and was named the Nunga Court. Courts emerging since in other states are based on the Nunga Court model, although they have been adapted to suit local conditions. The practice of circle sentencing was introduced in New South Wales (NSW) in Nowra in February 2002.

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Public policy is necessarily a political process with the law and order issue high on the political agenda. Consequently, working with sex offenders is fraught with legal and ethical minefields, including the mandate that community protection automatically outweighs offender rights. In addressing community protection, contemporary sex offender treatment is based on management rather than rehabilitation. We argue that treatment-as-management violates offender rights because it is ineffective and unethical. The suggested alternative is to deliver treatment-as-rehabilitation underpinned by international human rights law and universal professional ethics. An effective and ethical community–offender balance is more likely when sex offenders are treated with respect and dignity that, as human beings, they have a right to claim.