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To some, the term multiculturalism evokes a celebration of human diversity in all its splendour, showcased within pluralistic societies boasting exotic languages, alluring cultural practices and spiritually inspiring beliefs. To them, infinite possibilities abound for forging meaningful relationships with those living in vibrant cosmopolitan cultures. To others, the same term conjures jarring images of existential
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Democratizing the Death penalty: a populist tool of technocratic governance Any attempt to justify the use of the death penalty in a liberal or parliamentary democracy evokes a paradox of sorts, since one is inclined to associate penal policies of democracies with those of enlightened societies, exemplifying standards of decency and humanity, epitomizing the most
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Distinguishing between Discretionary Trust Powers and Mere Powers This essay analyses a fundamental requirement of English law for the creation of valid Express Private Trusts: the imperative to ascertain with certainty the objects or beneficiaries of a Trust, without which a purported Trust would be deemed void in a Court of Equity. Linked to this
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Consider whether a theft of funds has taken place in the following scenario: Hackers using malware trigger an electronic transfer of million of dollars from a bank in New York to an account in the Philippines Under English law on theft (Theft Act 1968, s4) property that is capable of being stolen for the purposes
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“Imagine a community of four hundred people, neglected in a boiling hot filthy cage, still traumatised by the terrifying sound of waves ringing in their ears (Boochani 2018, p.126)…….at any moment someone may slash their wrists with one of those razors ….self- harm is a regular occurrence ( Boochani 2018, p.170) ….we are hostages –
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Abstract This paper argues that Israel’s continuing occupation and military rule of the West Bank since 1967 and its ongoing siege of Gaza since 2007 constitute the International Crime of Apartheid, a Crime against humanity which the State of South Africa practised from 1948 until the 1990s. Drawing analogical similarities between the South African and
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This essay explores the analytical reasons for arguing that a bribe or a secret commission received by a fiduciary is held on a Constructive trust for the Claimant. Further, it questions the idea that Remedial forms of Constructive Trust should always be rejected in favor of the Institutional Constructive Trust recognized by English law. Can
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A brief analysis of the elements of Murder and Manslaughter Determining whether an offender is guilty of murder or manslaughter may mean a world of difference for a defendant standing trial for the killing of a human being…. A difference between whether the accused will spend the rest of his or her natural life in
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Racial Injustice: The Politics of Institutionalizing Violence against Racial Minorities Racism in it various guises has come under intense media spotlight in recent weeks; From the brutal killing of George Floyd by a Policeman who mercilessly pressed his knee on Floyd’s neck for an agonizing 8 minutes and 46 seconds, draining the life out
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Have you heard? Some people are more human than others….. The Universal Declaration of Human Rights declares that ‘All humans are born free and equal in dignity and rights’, yet millions of individuals continue to be subject to indefinite incarceration and detention at refugee camps run by Nation States that evince populist and nationalistic immigration…
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”For centuries the death penalty, often accompanied by barbarous refinements, has been trying to hold crime in check; yet crime persists. Why? Because the instincts that are warring in man are not, as the law claims, constant forces in a state of equilibrium.”—Albert Camus ( 1957 Nobel Prize laureate for Literature) Camus’ chilling words conjure
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Insidious as it has been in devastating the lives of millions globally, the virulence of Covid 19 has transcended political boundaries to reveal nascent and entrenched social and political inequalities– plaguing not only developing countries, but also first world societies with facades exuding contemporary modernity. From the cruel yet preventable deaths of the elderly, abandoned
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