			Home About us Contact

Legal Control (legal + control)

Distribution by Scientific Domains

Law and Criminology	80%

Selected Abstracts

The Reclassification of Extreme Pornographic Images

THE MODERN LAW REVIEW, Issue 1 2009
Andrew D. Murray
Legal controls over the importation and supply of pornographic imagery promulgated nearly half a century ago in the Obscene Publications Acts have proven to be inadequate to deal with the challenge of the internet age. With pornographic imagery more readily accessible in the UK than at any time in our history, legislators have been faced with the challenge of stemming the tide. One particular problem has been the ready accessibility of extreme images which mix sex and violence or which portray necrophilia or bestiality. This article examines the Government's attempt to control the availability of such material through s.63 of the Criminal Justice and Immigration Act 2008, which criminalises possession of such images. It begins by examining the consultation process and concludes that an underlying public policy objective was the root of the new offence despite the lack of a clear mandate for such a policy. The article then examines whether this weakness in the foundations for the proposed new offence caused the proposal to be substantially amended during the Committee Stage of the Criminal Justice and Immigration Bill: to the extent that the final version of s.63 substantially fails to meet the original public policy objective. The article concludes by asking whether s.63 may have unintended consequences in that it fails to criminalise some of the more extreme examples of violent pornography while criminalising consensual BDSM images, and questions whether s.63 will be enforceable in any meaningful way. [source]

Contradictions, Law, and State Socialism

LAW & SOCIAL INQUIRY, Issue 4 2000
Joachim J. Savelsberg
The relationship of law to antagonisms and contradictions within state socialism is explored from a Weberian and a Marxian perspective. Examining legislation, court decision making, legal control of economic behavior, and law enforcement reveals contradictions between (I) a radical participatory ideology versus muted or extinct civil society; (2) the ideology of comprehensive planning versus the impotence of law; (3) strategies aiming at total control of public life versus the emergence of a niche society outside the reach of the state; (4) regulatory norms versus the functional necessity of norm-breaking behavior; (5) reliance on a revolutionary sense of justice versus the cultivation of "doublethought"; (6) a program of total control of economic behavior versus the emergence of deviant, even criminal, forms of organization to fulfill functionally necessary but ideologically unapproved economic tasks; and finally, (7) two distinct practices of law, responsive or postliberal versus repressive. Yet, contradictions typically did not lead through conflict to subsequent reform during the state socialist era, as conflicts were repressed. When reforms were attempted, they furthered conflict and system breakdown. [source]

Character merchandising: aspects of legal protection

LEGAL STUDIES, Issue 2 2001
Andrew McGee
The article considers the present state of the law of character merchandising. It questions whether the law relating to character merchandising should be further developed and extended so as to give an individual a comprehensive right to prevent the unauthorised use of aspects of his personality by third parties in connection with the promotion or sale of goods or services. In this context the article rejects the creation of new comprehensive remedies such as a tort of appropriation of personality as being undesirable and impractical. The article maintains that unauthorised acts of personality appropriation or use are already subject to adequate legal control through the law of trade marks and passing 08In this regard the article further suggests that tortious remedies such as defamation, malicious falsehood, and, in restricted circumstances copyright, provide effective sanctions against the unauthorised use of an individual's persona in commercial enterprises in particular and special circumstances. These remedies supplement and complement the principal remedies provided by trade mark protection and passing off. [source]

Ownership and Control in Closely-held Family-owned Firms: An Exploration of Strategic and Operational Control

BRITISH JOURNAL OF MANAGEMENT, Issue 1 2007
Lloyd C. Harris
Much of the existing research into the divorce of ownership and control either focuses on the propensity for the separation of decision functions or upon scrutinizing conceptions, gauges or the practicalities of organizational control in large corporations. Although far from equivocal, such research appears broadly to concur that where ownership is dispersed, de facto control is likely to be exerted by management and that where ownership is closely-held, de facto as well as legal control is exerted by owners. This study examines this assumption through exploring the nature of control in a closely-held family firm. In this regard, the focus of this study is not on consequences of divorced ownership and control but rather on exploring the contingencies where ownership and control diverge. This research reveals a case wherein a closely-held family firm is strategically and operationally controlled by its managers. Case research leads to the development of a range of insights regarding the owner/family and the management characteristics that contribute to this scenario. The paper concludes with a series of implications and conclusions. [source]

To belong or not to belong: the Roma, state violence and the new Europe in the House of Lords

LEGAL STUDIES, Issue 4 2001
David Fraser
Issues of national sovereignty and membership in the body politic are central to many current political and legal debates surrounding ,New Britain' and Europe. Traditional understandings of citizenship and belonging are grounded in the ideal of a territorially limited and defined nation state. In this article, I explore a series of judicial and political decisions surrounding the fate of Roma or Gypsies, both as claimants to refugee status in Britain, or as subjects of domestic legal controls. I argue that these decisions construct this nomadic Other as a fundamental danger and challenge to the coherence of the legally protected body politic of the nation state ,Britain' . I argue that the deconstructive excess found in the construction of the Roma as dangerous nomads, without allegiance to a fixed and geographically delimited nation state, might contain the kernel for a possible re-imagining of the basis of our understandings of citizenship and belonging. [source]