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City Journal -- The theory of survival crime rationalizes stealing by Christopher F. Rufo,
'The latest fad in criminal-justice activism is the concept of “survival crime.” -- The theory holds that the homeless, the poor, and people of color commit property crimes and low-level infractions in order to secure their basic survival. Any enforcement of these laws is thus a violation of their basic human rights and should be relaxed – that is, local governments should stop enforcing any laws that “criminalize homelessness” and “criminalize poverty.” -- ...cities like Seattle and San Francisco have not just “decriminalized homelessness” or “decriminalized poverty”—they have increasingly decriminalized crime. Over the past five years, the classification of survival crime has expanded well beyond stealing the proverbial loaf of bread. In California, for instance, Proposition 47 downgraded theft of property valued at less than $950 to a misdemeanor, meaning that the police are unlikely to pursue even habitual shoplifters and thieves. The predictable result: a statewide rise in petty theft. Seattle and King County recently released new guidelines calling on police officers to stop arresting individuals for all “homelessness-related crimes,” with the goal of “eliminating racial disproportionality” and ensuring that policies “do not penalize homelessness and poverty.” Meantime, city and county prosecutors have dropped thousands of misdemeanor cases against “vulnerable populations.” All this has caused widespread frustration among residents and law enforcement officers. As one veteran Seattle cop told me: “We have basically stopped enforcing the law against the homeless population. Political leaders don’t want it and prosecutors won’t pursue charges. It’s a waste of time.” In New York City, the NYPD has backed off from arresting people for subway fare evasion, on the grounds that enforcement has a disparate impact on the poor; farebeating has risen sharply since the new policy was enacted. -- While concern is growing that these permissive policies have led to an increase in property crime, the greatest risk of survival crime theory is that we are slowly creating a parallel justice system: one for average citizens and another for politically-favored identity groups. Activists have successfully made the case that we must sacrifice equality under the law to address wider social inequalities. They are effectively arguing that our bedrock principle of “equality protection of the laws” is simply a mechanism of state oppression against the homeless, the poor, and people of color – a radical reversal of its original constitutional meaning. -- If activists are successful in this revaluation of the law, there is no obvious limit to the extension of survival-crime theory to other favored identity groups. There is already a growing literature that survival-crime protections should be extended to the LGBTQ community, sex workers, and recipients of public benefits. Under the catch-all doctrine of intersectionality, they can be extended ad infinitum, depending on the political whims of the moment. In a short time, our legal proceedings may no longer begin with the question “what is the crime” but “who is the criminal” – Lady Justice may finally take off her blindfold and play a new role as the arbiter of two separate legal systems, depending on who stands before her.' -- Comment: Brad Thunder Koch 'Welcome to anarcho-tyranny https://en.wikipedia.org/wiki/Managerial_state#Anarchy_and_tyranny'
newspeak  victimhood  marxism  socialism  communism  pathologicalaltruism  jurisprudence  law 
january 2019 by adamcrowe
Judge Blocks Keystone XL Pipeline
The plain fact is that the Trump administration doesn’t believe the Obama administration, based on the available evidence, had a good reason to block TransCanada’s permit to build the Keystone XL pipeline. And so it lifted the block. This was a policy decision, not a legal one. The Obama administration had full authority not to grant the permit, and the Trump administration had full authority to lift it.

The environmental groups’ lawsuit, however, allowed Judge Morris, an Obama appointee, to reverse the Trump administration’s decision by appealing to the hopelessly nebulous “hard look” criterion—a criterion itself based on a district court judge’s interpretation of a 1970 statute. The judge, in other words, thought the Trump administration was making a bad policy decision, but rather than ruling that it has the authority to make a bad decision, he ruled that the decision isn’t in line with federal law, according to a mere phrase in an earlier district court decision.
Trump  environment  Obama  energy  jurisprudence 
november 2018 by lukemperez
Women, like men, lie sometimes by Brendan O'Neill
'...Instant belief in accusations of sexual assault has become a central feature of modern feminism. -- As the feminist commentator Melissa Silverstein says, “There are a few fundamental beliefs that I hold… one of them is that I believe women”. -- Kneejerk belief is a central feature of #MeToo. One of the most vocal leaders of #MeToo – actress turned activist Rose McGowan – recently instructed the media to stop using the word “alleged”. -- “I would challenge the media to stop using the word ‘alleged’”, she said. This is the “first time in history women are being believed”, she said, and the word “alleged” encourages doubt. -- A feminist reporter agreed with McGowan that “the qualifier ‘alleged’ should be removed from the media parlance”. -- In short, every accusation made by a woman against a man should be presumed as gospel. -- ... The extent to which instant belief has become a central feature of contemporary culture was captured in a headline at NBC News in the US at the end of last year. -- “Why Are We Still Teaching To Kill A Mockingbird In Schools?”, it said. -- The piece claimed that Harper Lee’s classic – long the moral anchor of American education – is now problematic because it “complicates the modern ‘believe victims’ movement”. -- Virtually everyone knows that Lee’s novel tells the story of siblings Scout and Jem and their dad Atticus, a lawyer who defends Tom Robinson, a black man accused of raping a white woman called Mayella. -- But Mayella lies. It was her who made sexual advances towards Tom, for which she was punished by her father, and so she and her father concoct a story about Tom raping her. -- Atticus encourages people to disbelieve Mayella. And in the current climate of instant belief, that is bad. Really bad. Atticus, in today’s view, is a misogynist. -- Letting schoolgirls read this book will fuel their “growing suspicion that people don’t believe girls who say they have been raped”, says the NBC piece. It makes us think there is “reason to doubt” rape accusers. -- But there is reason to doubt – surely? -- Of course, everyone who makes an accusation of sexual assault – or of any kind of crime – should be treated sympathetically and openly. We should aspire to believe them. -- But we should also be sceptical. -- Indeed, the civilised principle of “innocent until proven guilty” – which is what Lee was defending – demands scepticism. -- It demands that we insist on proof before we rush to condemn an individual – whether it is Tom Robinson or Brett Kavanaugh. -- It doesn’t matter if it is a lowly black worker or a Supreme Court nominee: a principle is a principle, and everyone deserves the assumption of innocence. -- Today’s rush to believe is bad for everyone. It is bad for men, because it threatens to condemn them before they have been justly tried. It is bad for justice, because it rubbishes key ideals of due process. -- And it is bad for women, too. As Margaret Atwood said earlier this year, “women are human beings, with the full range of saintly and demonic behaviours this entails”. -- Women are “not angels”, says Atwood. -- Indeed. Women lie, just like men do. Or they forget, like men do. -- Instant belief in women actually infantilises women. -- Worse, it is an invitation to lie. If we believe every accusation of sexual impropriety, we encourage women to use such accusations as weapons. To use them to defeat their opponents. -- Is that really the world we want to live in? I don’t. I would rather live in a world of scepticism than credulity. -- I would rather live in a world in which what happened to Emmet Till – instant punishment following instant belief – can never, ever happen again.' -- Topping from the bottom
feminism  threatnarrative  victimhood  power  jurisprudence 
september 2018 by adamcrowe
Spiked -- The UK has abandoned the presumption of innocence by Jon Holbrook
'...The need for proof of guilt beyond reasonable doubt is there to ensure that a citizen is not unfairly damned. But in the hands of today’s judges, it has become an excuse to do just that. What can’t be achieved in court, with a jury’s verdict, can be achieved outside court, with a police disclosure. -- With this ruling, the Supreme Court has sanctioned the notion that because guilt requires proof beyond reasonable doubt, there can always be a suspicion, sometimes even a likelihood, that an acquitted defendant is guilty. And so long as the police merely imply that the person acquitted might be guilty, a disclosure to this effect is lawful. The presumption of innocence has become a presumption of possible guilt. -- Defenders of this disclosure say that, as AR was applying for jobs which would have put him in a position where he could have abused children and vulnerable adults, the police’s actions were legitimate. But he has not been proved to have done anything to suggest that he has such a disposition. What happened to him could have happened to anyone. Anyone can be subject to an allegation. The police’s powers regarding disclosure elide the distinction between allegations of guilt and actual guilt. Yes, many guilty people escape prosecution, and some even secure acquittals. But if we undermine the presumption of innocence, many innocent people will be treated as criminals. -- The presumption of innocence isn’t easy. It requires us to presume something that won’t always prove to be true. But it was, up to now, a challenge we accepted because the benefits were deemed to outweigh the costs. Members of the public have always had a sense of fairness towards an accused individual, recognising that without the presumption of innocence, they themselves could one day find themselves on the receiving end of injustice. That hasn’t changed. What has changed is the attitude of lawmakers and judges. These people, who ought to know better, have, step by step, abandoned the golden thread of English criminal law. And it reached its nadir at the Supreme Court last week.'
UK  law  jurisprudence 
august 2018 by adamcrowe
The voice of reason Between rectitude and responsibility
Justice Ranjan Gogoi is by all relevant criteria the leading candidate; but since he signed that collective letter there has been speculation that the government might try and stop his elevation. When Thapar asked whether this could happen, Justice Chelameswar said it was very unlikely, adding that if it did, this made the contents of their letter even more relevantSince Narendra Modi's government seems as eager to manipulate the judiciary as was Indira Gandhi's, this was a pre-emptive strike in favour of judicial independence..The impeachment of a particular individual, was no solution to a systemic crisis. He is absolutely right; for populist hysteria and partisan politics have crippled too many of our institutions already. The Supreme Court must be saved from both..Exceptional times call for exceptional measures. Because of what he has observed from the closest of perches, Justice Chelameswar must have felt compelled to give one interview while still in service. He chose his interviewer carefully; and his words more carefully still. In what he said (and did not say) to Thapar at the Constitutional Club on April 7, Justice Chelameswar fulfilled the twin obligations placed upon his (very broad) shoulders; of rectitude (to his office), which demanded that he reveal no secrets and eschew personal remarks or aspersions; and of responsibility (to his country), which required that he inform his fellow citizens that something was not quite right with the Supreme Court of India.
jurisprudence  whistle-blow  interviews 
june 2018 by thomas.kochi
Ministerio de Hacienda | Doctrina
el Ministerio de Hacienda (hoy Ministerio de y Hacienda y Función Pública) publicará las contestaciones a las consultas y las resoluciones económico-administrativas de mayor trascendencia y repercusión.

-Consultas tributarias de la Dirección General de Tributos

-Consultas tributarias de especial relevancia:
-Consulta vinculante V1147-15 de la Dirección General de Tributos: relativas al tratamiento fiscal en el IRPF, IVA e IAE de los socios que prestan servicios a entidades mercantiles que realizan una actividad empresarial.
-Consulta vinculante V1148-15 de la Dirección General de Tributos: relativas al tratamiento fiscal en el IRPF, IVA e IAE de los socios que prestan servicios profesionales a través de entidades mercantiles en cuyo capital participan.

-Informes de la Dirección General de Tributos de especial relevancia

-Novedades Tributarias (libros electrónicos):

-Libros electrónicos de doctrina de la Dirección General de Tributos

-Consultas tributarias sobre regímenes forales. Secretaría General de Coordinación Autonómica y Local.

-Resoluciones del Tribunal Económico-Administrativo Central
-Base de datos Doctrina y Criterios del Tribunal Económico-Administrativo Central (DYCTEAC). Manual del usuario.
-Base de datos DOCTRINA (1998 – 2013). Instrucciones básicas.

-Informes y Dictámenes de la Junta Consultiva de Contratación Administrativa

-Resoluciones del Tribunal Administrativo Central de Recursos Contractuales.

-Boletín de Consultas en materia de Recursos Humanos (BODECO)

-Catálogo de Publicaciones
TheLaw  Doctrine  Jurisprudence  Taxes  ES  AEAT  Spain  Government  Administration  Enterprise  Resources  ConsultingToMgmt  AgeciaTributariaCanaria 
april 2018 by abetancort
Quillette -- The Tyranny of the Subjective by Elizabeth Finne
'We are living in socially and politically bewildering times. One of the reasons for this is the sheer number of other people’s lives we are touched by on account of exponential developments in communications. The early 21st Century – perhaps specifically the second decade of it – will, I suspect, be remembered for the centrality of the subjective narrative, or what has become known as the ‘lived experience.’ -- There is nothing wrong with a flourishing of narratives, per se. We all have our stories to tell and, now more than ever, the means with which to tell them. We must, however, remain vigilant. The proliferation of this aspect of the social ecosystem impacts other areas, and granting the subjective narrative sacred status diminishes the power of other important ways of understanding the world. -- ... The primacy of subjectivity is by no means limited to politics. It now permeates the framework through which we have traditionally mediated our competing narratives. Journalism, academia, science, and law are all affected. In short, any institution that exists to accommodate competing perspectives is being undermined by a new paradigm that privileges the subjective ‘lived experience.’ And, in the process, the meta-values which have traditionally enabled us to transcend our differing subjective experiences suffer. Foundational principles such as audi alteram partem (listen to the other side), the presumption of innocence, proportionality, empiricism, and even the rule of law now must bow before the sovereignty of the subjective. -- ... Safe spaces and no-platforming, for instance, may be the product of benign motivations – to protect subjective narratives from the ‘violence’ of opposing views – but they are the antithesis of audi alteram partem. Instead, they are examples of what Jonathan Haidt, writing in The Atlantic, has called “vindictive protectiveness.” This, of course, tears the very cloth from which academia is supposed to be cut – the weave of thesis and antithesis to produce a synthesis of understanding. The idea that an academic or student should seek to insulate himself from contrary opinion ought to be preposterous, but unfortunately, it no longer is. -- ... No less indispensable to justice, but ‘problematic’ when the ‘lived experience’ is sacrosanct, is the presumption of innocence. A recent move towards ‘victim-centered’ criminal investigations is intended to soften the prosecutorial experience for victims of sexual abuse. The price of such a shift in emphasis is negligible, it is claimed, because most people who make accusations of sexual assault are telling the truth. However, there is a big difference between most and all. -- ...justice is a function of objectivity, not subjectivity. In To Kill a Mockingbird, the subjective (and false) narrative of a white woman was privileged over that of Tom Robinson, a black man. The trial suffered from an excess of subjectivity, not an excess of objectivity. Atticus Finch was the hero because he – like Athena, two and a half millennia earlier – insisted that justice demanded that both sides of the case must be heard. He understood and insisted upon the importance of an objective search for truth. -- ... Our fundamental norms of justice are instantiated in our legal framework, because they are part of a cultural framework that has produced demonstrable progress. Perhaps some are happy to forsake this approach in favor of ‘lived experiences’ secure in the belief that, once the promised land has been reached and the scales rebalanced, ancient values of justice can be reinstated. Not only does this do nothing to correct the injustices meted out in the meantime, but it risks allowing the new order to be internalized. The cost of such a shift would be steep. -- ... We need to recommit ourselves to the values which enable us to co-exist as communities. From the squabbling preschoolers to the person accused of inappropriate conduct in the workplace, we need to uphold the principles of audi alteram partem, proportionality, the presumption of innocence, and the rule of law. Furthermore, when we find ourselves debating with others we should welcome contrary views as part of the process of discerning what is true and broadening our own understanding, and we should welcome appeals to empirical evidence and the scientific method as indispensable to our moral progress. -- None of this need be a refutation of any individual’s ‘lived experience.’ It is simply an insistence that in order to flourish the ‘lived experience’ cannot be the first and the last word in any dispute. Appeals to ideas such as respect, inclusivity, and diversity are not enough unless they come replete with a procedural framework for dispute resolution to replace and improve upon the framework developed over millennia. Such a procedural framework must be a priori to any person’s substantive, ideological vision.'
socialmedia  attention  globalvillage  subjectivism  emotionalism  victimhood  vigilantism  jurisprudence 
march 2018 by adamcrowe
Legal Systems Very Different From Ours
Medieval Icelandic crime victims would sell the right to pursue a perpetrator to the highest bidder. 18th century English justice replaced fines with criminals bribing prosecutors to drop cases. Somali judges compete on the free market; those who give bad verdicts get a reputation that drives away future customers.

“Anarcho-capitalism” evokes a dystopian cyberpunk future. But maybe that’s wrong. Maybe we’ve always been anarcho-capitalist. Maybe a state-run legal system isn’t a fact of nature, but a historical oddity as contingent as collectivized farming or nationalized railroads. Legal Systems Very Different From Ours, by anarcho-capitalist/legal scholar/medieval history buff David Friedman, successfully combines the author’s three special interests into a whirlwind tour of exotic law.
analysis  history  law  legal  systems  jurisprudence 
november 2017 by zzkt
Propiedad horizontal y comunidades de propietarios | Comunidad Horizontal
Comunidades de propietarios, propiedad horizontal y administración de fincas: normativa, jurisprudencia, manuales, formularios, foros y actualidad.
TheLaw  Condominium  ES  Jurisprudence  building  Apartament 
august 2017 by abetancort
The Idea of Justice — Amartya Sen | Harvard University Press
Social justice: an ideal, forever beyond our grasp; or one of many practical possibilities? More than a matter of intellectual discourse, the idea of justice plays a real role in how—and how well—people live. And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political thinking, has long left practical realities far behind.

The transcendental theory of justice, the subject of Sen’s analysis, flourished in the Enlightenment and has proponents among some of the most distinguished philosophers of our day; it is concerned with identifying perfectly just social arrangements, defining the nature of the perfectly just society. The approach Sen favors, on the other hand, focuses on the comparative judgments of what is “more” or “less” just, and on the comparative merits of the different societies that actually emerge from certain institutions and social interactions.

At the heart of Sen’s argument is a respect for reasoned differences in our understanding of what a “just society” really is. People of different persuasions—for example, utilitarians, economic egalitarians, labor right theorists, no-nonsense libertarians—might each reasonably see a clear and straightforward resolution to questions of justice; and yet, these clear and straightforward resolutions would be completely different. In light of this, Sen argues for a comparative perspective on justice that can guide us in the choice between alternatives that we inevitably face.
book  development_economics  moral_philosophy  welfare  economics  human_progress  ?  jurisprudence 
july 2017 by rvenkat

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