Law

Among the fundamental questions in the field of legal theory is that, if a set of codified rules of civil and criminal law, the Islamic Republic of Iran, based on the principles of the law of Muhammad (PBUH), developed and provided for, how emergent phenomena, after nearly fourteen centuries, can be effective ?, this research tries to study the mechanism of evolution and dynamics based on diligence in Shiite jurisprudence, methodical and comprehensive response to these questions. The meaning of "Modernization " The wide range of realistic approaches that, with dedication to understanding change and the emergence of issues rulings, and with an emphasis on how jurists predecessor, in the process of legal reasoning and reach closer to the "judgment of God", Can play a role. Consistent with the requirements of rational understanding, practice of intellectuals, of physical, sensory and significant natural and common requirements, and demands of modern life, and historical realities, with a modern and innovative approach to verbal tradition, the current version of the Infallible (AS) is one of them which, following secondary titles, may help to understand the criterion of jurisprudence, and fundamental change as a result of the passage of the law, news, and changes in the new legislation, will bring. In this paper, examples of this mechanism, with emphasis on codified rules, will be examined.

In criminal law, cybercrimes, are very broad scope, and includes a variety of theft, fraud, deception, harassment, intimidation, extortion viruses and cyber terrorism are. The Iranian criminal law, criminal called extortion does not exist, but in Article 669 of the Penal Code, adopted in 1996, the sanctions decreed that, whenever someone else, in any way threatening to kill or harm breath, or honor, or financial , or disclosure of the secret, to his or her relatives, to those determined by the demand of funds or property, or demand it, or omission done, or not, to flogging up to 74 lashes, or imprisonment of two months to two years he will be sentenced. Material element of the crime of extortion by putting the publication of private photos in a virtual environment, action is threatened. The threat that, in fact, a kind of spiritual abuse, and psychological pressure, the announcement and expressed my intention, and behavior that is illegitimate and illegal, did not intend to do it. In other words, threats, intimidation, and fear on the other side, by creating fear in order to obtain money, or is immoral gratification. Rea required for this crime, including general and specific intent is bad faith, malice general, the determination wisely and deliberately in committing the crime. In other words, the perpetrator knows and is aware that the leaking privacy, criminal act, and against the law, with knowledge, bad intentions, will commit this action. In this study, after the introduction of the concept of cyber crime, the different types of cyber crime, offer suitable solutions for the prevention of computer crime will be addressed.

This paper focuses on exploring the relationship between strategy use and ESP reading test performance of two university majors (humanities VS. science). To fulfill the purpose of the study, 240 intermediate students were selected out of a population pool of 360 ESP students studying in three universities in Iran, Esfahan based on their performance on Oxford Placement Test. After 5 sessions of teaching and practicing strategies a multiple choice reading comprehension plus a cognitive and metacognitive questionnaire were given to experimental groups. Pearson product moment correlations and t-test was used. The results showed the positive effect of using strategy on ESP reading comprehension test performance. Regarding major, science groups outperformed humanities. The findings have significant implications for ESP learners, teachers and material developers.

This paper looks at copyright and digitization of print literary materials for academic purposes. It was revealed that despite the exceptions to copyrights law, interpreting fair use for reproduced print materials in digitalised form is very difficult because of the inherent nature of digitalised materials which is self reproducible and distributable with no limitation. The only solution found for academic institutions was digitalising materials already in public domain or grey resources of institutions. It was also the opinion that digitalising government documents would be easier compared to materials whose copyright are privately owned. In conclusion, it was recommended that institutions should digitalise their grey print resources and materials in the public domain, seek permission from government establishment and get licence to digitalise print resources owed by private persons.

In any democratic society, rule of law is a crucial tool to maintain good governance. Ethiopia is striving to build democracy and rule of law .To that effect; it has promulgated different laws and policies in the past decades. It has enacted its first federal constitution in 1995. The Federal Democratic Republic of Ethiopia (FDRE) constitution in its preamble clearly provides that maintaining rule of law is one of the basic goals that the Ethiopian Nation Nationalities and Peoples strive to pursue. Even if different factors (for example such as culture and level of development) explain democratic and rule of law based society, role of vibrant judiciary (judiciary that actively supervise public authorities) is paramount. Conventionally, judicial organ is one of the three organs of government to which the power of interpreting the law is given. In Ethiopia too, the judiciary is made the ultimate law interpreter thereby maintain rule of law and good governance. So as to perform such an act, the judiciary should exercise its inherent power of judicial review.

The purpose of this paper is to critically examine corporate social responsibility (CSR) in a capitalist society. Its special focus is to investigate CSR as a trend as well as the role of law using different initiatives and dimensions at different level of governance; i.e. national, regional and international levels. This paper employs qualitative method of research, drawing on observation, semi-structured interviews and the use of statistical data from different body of United Nations. Most importantly were observations made at CSR module lectures during my LLM. In CSR movement today, the law is taken shape, although in different form of legal norm which might either be prescriptive or regulatory. The study also found that CSR is a trend and not a passing social fad or a threat to corporate capitalism. That the legal norm definitely has a role to play in any social group without which conflict is rife and that firm’s responsibility to the society is continuous. As the society develops, so also is the need for sustainable economic development expected from corporate industries. This research paper adds to myriads of literature on CSR and capitalism. It suggests the need for legal dimensions and initiative for better ‘performance ‘rather than ticking the boxes. It concludes that the firm, society and the law cannot function effectively in a water tight compartment, the society cannot do without the firm, and the firm needs the law for its existence. Thus the firm needs to balance responsibility to the law and the society for it to achieve its aims.

Ten years after ratifying the WHO Framework Convention on Tobacco Control, Nigeria (Africa’s most populous country and largest tobacco market) in 2015 enacted a legislation to domesticate the Convention. This article examines the concordance of the new tobacco control legislation with the Convention and its implementation after two years of its enactment. It highlights the challenges the Nigerian government faces in implementing the new legislation. It advocates for synergy among all arms of the government in the country to ensure that the new tobacco control law will not remain a “toothless bulldog” like its predecessor.

In various housing scheme launched by State through its instrumentality like ‘Housing Boards’, the issues relating to allotment, price fixation and other connected matters often arise, quite frequently resulting in litigation. Courts are called upon to decide these issues in accordance with rules and procedures formulated by the appropriate State Governments or the Boards authorised to frame rules. The recent instance of such a case is M.P.Griha Nirman Mandal Adhiniyam established under M.P. Griha Nirman Mandal Adhiniyam Act, 1972. The Board floated the “Housing Scheme” for allotment of (36) residential houses for the employees of the State Government and of public sector undertakings.

In this study, corporate law will be discussed based on the interests of shareholders and creditors. We hypothesized that, based on the reason-based choice of maximization of corporate value by reputation, the use of the Nudge does not eliminate the inefficiencies caused by increased transaction costs for interest adjustment. Conventional financial evaluation is treated as a separate index. In addition, we assume high transaction costs for the interest adjustment of shareholders and creditors. However, it is possible to set forth the same goal of creating corporate value by reputation, suggesting the possibility that conflicts of interest eventually subside. In addition, we want to develop the idea of interest adjustment of parties as reciprocal altruism through behavioral economics.

In the last two decades since the present political dispensation, Nigeria?s law enforcement system has faced challenges with reconciling the different and often conflicting native and western style of law enforcement in a magnitude that have never been seen before since independence 58 years ago. The citizens have felt disenchanted with the way and manner successive governments have managed to resolve the conflicts for the welfare of the generality, and this has exacerbated situation. Most Nigerians felt that past governments have ignored, and often fought against the effective, efficient, and widely used native law enforcement and social control systems. The official government?s position is hostile to the native law enforcement systems and has continued to date throughout Nigeria and indeed in some African countries. This paper argues that the criminal justice system in Nigeria should be redesigned to either reflect the centrality of the native systems in Nigerian lives or adopt correctly in form and substance the western style if Nigeria is to be a player in the comity of nations in this 21st century.