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Withdrawal of Criminal Charges for the Sake of Public Interest in Ethiopia: Exploring Legal Gaps and Way Forward
Issue:
Volume 9, Issue 4, July 2021
Pages:
80-86
Received:
27 May 2021
Accepted:
5 July 2021
Published:
13 July 2021
Abstract: All criminal cases do not lead to either conviction or acquittal after completion of trial. Midway, the cases may be withdrawn from the records of the criminal courts. In Ethiopia, power to withdraw criminal charges for the sake of public interest is absolutely vested in the hand of Attorney General (AG). Unfortunately, the Ethiopian laws are failed to define and lists some illustrations what constitutes public interest. In such a case, the AG has become lynch pin in disposal of cases otherwise than on merits. Thus, such power of the AG for withdrawal of criminal charges from prosecution for the sake of public interest has become a controversial topic in the criminal proceedings and in fact it is a peculiar power entrusted to the AG. The main objective of the article is to examine the existing normative frameworks of Ethiopian criminal justice system that regulating withdrawal of criminal charges for the sake of public interest. In order to achieve the intended aims, this article has employed doctrinal legal research on which legal analysis of the principal legislations was the focal point. In so doing, the study has identified a lot of legal vacuums. Accordingly, the study found absence of clear and comprehensive definition of the phrase public interest; lack of legal way outs for consideration of views and concerns of victims of crimes; absence of review mechanism in a case where the AG withdraw criminal charges arbitrary; lack of time limitation for continuation of criminal charges after withdrawal and empowering exclusive mandate and wide discretionary power to AG in withdrawing criminal charges alone are the main ones. Amongst others, it is recommended that the Ethiopian law maker should amend and enact a law governing withdrawal of criminal charges under the guise of public interest.
Abstract: All criminal cases do not lead to either conviction or acquittal after completion of trial. Midway, the cases may be withdrawn from the records of the criminal courts. In Ethiopia, power to withdraw criminal charges for the sake of public interest is absolutely vested in the hand of Attorney General (AG). Unfortunately, the Ethiopian laws are faile...
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India and the Baltic States: Strengthening the Partnership
Issue:
Volume 9, Issue 4, July 2021
Pages:
87-90
Received:
24 June 2021
Accepted:
8 July 2021
Published:
15 July 2021
Abstract: The Baltic Sea Region existing on the crossroads of Europe and Central Asia holds a greater geopolitical significance. The region holds a strong potential to deepen India’s ties with the Europe and Central Asian countries. This article will discuss the prospects of near future areas of cooperation to increase India’s engagement with the Baltic states in terms of Trade, Investments and Strategic partnership. The article will also provide quantitative analysis of the bilateral trade between India and Baltic states while focusing on the scope for trade and investment in specific sectors. Distance being one of the major barriers for increasing cooperation between India and the Baltic states, the efficacy of the Northern Sea route passing through the Bering Strait has been discussed in the paper. Latvia, Estonia and Lithuania are entrapped between the power politics of US, Russia and now China in the region. Therefore, in terms of extended security and cooperation India could play a significant role in the Baltic economy as well as in its strategic aspirations. The convergence of Indo-Baltic interests lies in multilateral rules-based order, maritime security, terrorism and protecting the freedom of navigation, wherein, India is presently targeting the Indo-Pacific region and the Baltic states are focusing upon the Baltic Sea. In terms of India, developing a stronger Indo-Eurasian ties is yet to become its top priority. However, assessing near future developments in the Baltic states is crucial for India’s future policies in regard to Central Asia, Europe, Russia and even the Arctic Region. But it is evident that the Indo-Baltic principles converge on an ideological front that could further strengthen their partnership.
Abstract: The Baltic Sea Region existing on the crossroads of Europe and Central Asia holds a greater geopolitical significance. The region holds a strong potential to deepen India’s ties with the Europe and Central Asian countries. This article will discuss the prospects of near future areas of cooperation to increase India’s engagement with the Baltic stat...
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The Influence of Judicial Adjudicators on the Uncertainty of Judicial Decisions
Issue:
Volume 9, Issue 4, July 2021
Pages:
91-96
Received:
25 June 2021
Accepted:
14 July 2021
Published:
22 July 2021
Abstract: One of the fundamental values of the existence of justice is that it psychologically satisfies the human need for stability and certainty, so that imbalances of power and responsibility can be balanced and disputes can be settled. Judicial justice is reflected in the entire process of judicial adjudication, which is subject to uncertainty. Between the two major uncertainties of judicial adjudication - the uncertainty of the rules of judicial adjudication and the uncertainty of the decision of judicial adjudicators - this article focuses on the latter by classifying and analyzing two major aspects, namely internal and external factors. As individuals in the secular world, judicial adjudicators have different knowledge backgrounds, various levels of experience and competence, distinctive institutional deficiencies, and dissimilar motivations for their interests, so that they perceive and apply the rules of adjudication differently, resulting in different outcomes, thus leading to the uncertainty of judicial adjudication. It is of course necessary for judges to maintain their independence, enforce the law strictly and administer justice impartially, and contribute to the establishment of a society governed by the rule of law, but it is even more necessary for us to create conditions to enhance judicial independence and impartiality through judicial reform, so as to reduce the uncertainty of judicial decisions. This paper proposes some countermeasures on how to reduce the uncertainty of judicial adjudication.
Abstract: One of the fundamental values of the existence of justice is that it psychologically satisfies the human need for stability and certainty, so that imbalances of power and responsibility can be balanced and disputes can be settled. Judicial justice is reflected in the entire process of judicial adjudication, which is subject to uncertainty. Between ...
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A Theory of Objects: Transformations in Northern Song Conceptions of “Emblematic Forms in the Construction of Tools”
Issue:
Volume 9, Issue 4, July 2021
Pages:
97-105
Received:
1 July 2021
Accepted:
9 July 2021
Published:
4 August 2021
Abstract: At the turn of the twentieth century, scholars put forward the idea of Chinese artifacts from different perspectives in order to overturn the prejudice against "artifacts" in traditional Chinese philosophy. In particular, they considered the normative role of artifacts for public literacy. Recent scholarly research shows that contemporary scholars are increasingly inclined to use Chinese artifactological ideas to explain ancient Chinese concepts and beliefs about artifacts. In fact, however, this idea of artifact design and production can be traced back to the Song Dynasty. The scholars of the Song Dynasty interpreted the contents of the I Ching about "ware" from a new perspective, legitimizing the study of "ware" and forming the original Chinese idea of artifact theory, which was widely applied to various disciplines in the Qing Dynasty. In this essay, I explore the changing conceptions of ‘object’ and ‘emblem’ through the Song, through differentiation and analysis of the differing contexts in which the phrase ‘zhi qi shang xiang’ occurs. Through close readings of the context in which it appears in Song official histories, incidental writings (biji) and essay collections, I am able to tease out the concrete significance of the phrase, allowing us to analyse it transformations over time. I start with analysis of the original source of the phrase to seek its earliest connotations as a basis on which to distinguish and classify the later, alternative readings it gains. Subsequently, I move into an analysis of Chen Xiliang’s Zhi qi shang xiang lun and the debate it generated to explore the Song transformations of the meaning of the phrase and the reasons for the semantic shift which occurred during this period. From this, I determine that between the Northern Song to the Southern song there was a shift in the approach to tools, from uncertainty to a definite affirmation of their importance and aesthetic value.
Abstract: At the turn of the twentieth century, scholars put forward the idea of Chinese artifacts from different perspectives in order to overturn the prejudice against "artifacts" in traditional Chinese philosophy. In particular, they considered the normative role of artifacts for public literacy. Recent scholarly research shows that contemporary scholars ...
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Mental Health of Children and Young People During COVID-19: A Call for a Preventive Approach
Carl Hermann Dino Steinmetz
Issue:
Volume 9, Issue 4, July 2021
Pages:
106-121
Received:
16 July 2021
Accepted:
27 July 2021
Published:
5 August 2021
Abstract: This article answers the research question of whether it is true that the socioemotional and psychological well-being of children and young people has been worsened by the COVID-19 pandemic. The conclusion is twofold. Doomsayers have written off children and young people because they are socioemotional and psychologically 'damaged' by COVID-19. The positivists, on the other hand, see COVID-19 as a wonderful learning factory where children and young people learn to cope with socioemotional and psychological setbacks. Doomsayers are guided by capitalist insights. Those insights are that children and young people as future "wage slaves" are unable to provide pensions and care for the "older" generation because they have become socially and mentally handicapped by the COVID-19 pandemic. The positivists, on the other hand, are guided by the view that COVID-19 is an incentive to strengthen existing social groups, such as extended families, neighborhoods and tribes, with their solution-oriented approaches to issues and problems learned during COVID-19. This article reaches this conclusion by reasoning critically about the assumptions underlying the view that children and young people are worse off socioemotional and psychologically because of the COVID-19 pandemic than they were before it. Not only does this article make use of logical reasoning, but also of the existing literature on children and young people, the COVID-19 pandemic and socioemotional and psychological wellbeing. This article is structured as follows. Figures are presented on the impact of COVID-19 on children and young people in many countries, non-Western and Western. Furthermore, a distinction is made throughout the article between immigrants, refugees and the indigenous population. The first two groups are particularly affected by COVID-19 in socio-economic and psychological terms, as is the case for the indigenous population with a low socio-economic status. This article also contains the scarce figures on the availability of online education for children and young people, for immigrants, refugees and natives. Finally, the socioemotional and psychological well-being of children and young people is examined through the lenses of negative and positive psychology. This article harshly doubts the efforts of mental health services for children and adolescents, they are too individualistic, especially in the western world. This article supports the preventive approach to the possible psychological lack of socioemotional and psychological well-being of children and adolescents through psycho-education and an approach through extended families by leaning on their sources of strength and resilience. A great example is the Chinese approach.
Abstract: This article answers the research question of whether it is true that the socioemotional and psychological well-being of children and young people has been worsened by the COVID-19 pandemic. The conclusion is twofold. Doomsayers have written off children and young people because they are socioemotional and psychologically 'damaged' by COVID-19. The...
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