Nitiparitat Journal

The study and analysis of discrimination and inequality in the literature “To Kill a Mockingbird” through the concept of legal philosophy

Chonphasin Kaewprang, Sunutta Yajai, Nareerat Pheamwattana, Namthip Tangchongrat — Tue, 30 Jan 2024 00:00:00 +0700

To Kill a Mockingbird is an immortal American literature that deserves to be studied considering current social issues. These quandaries are discrimination and inequality through legal philosophies developed by Thomas Hobbes, Carl Marcx, and Savigny all of whom are regarded as prestigious philosophers so as to show similarities and differences between each of legal philosophies by comparing views on the same situation. Finally, each philosopher's theory, as well as the researchers' opinions, will be included in this research to illustrate other current situations.

Power to enact and enforce law : A Case Study of the Use of Power of State, the Chief of Investigation Officer, and Hogwarts Headmaster.

Tue, 30 Jan 2024 00:00:00 +0700

This article aimed to study the use of state power by the Chief of Investigation Officer and Hogwarts Headmaster under the perspective of legal philosophy. Considering the use of power and the force of the rules within Hogwarts School under the English common law system. By comparing Professor Umbridge as the Chief of Investigation Officer and Headmaster to the Sovereignty of Hogwarts School of Witchcraft and Wizardry, who have the power to issue regulations comparable to law issued by the powerful during the time of chaos caused by the return of the Dark Lord. Orders are used to control the behavior and actions of people at Hogwarts to claim orderliness and to prevent chaos in the school due to external troubling situations. As well as the imposition of punishment on students who violate moral principles, which is considered legitimate with the power that is there. Is it true? When taken into consideration with legal positivism, which asserts that law is a product created by the ruling power, separate from ethics and other values in society, and John Austin's views on the completion of law. Rules issued by Umbridge while in such a position of power may have righteousness because it meets the elements of law issued by the state. This type of analysis is also based on Hans Kelsen's pure theory of law, which holds that law should be separated from other values in society that are artificial. However, this perspective has been contested by various thinkers. Including in the Office of Positivism itself. As H. L.A. Hart proposed taking into account the sometimes overlapping nature of the law. Explaining social phenomena in such a way is comprehensive and reduces the chance of being used in an interpretation that benefits those who abuse power.

Analysis of Natural Law and Legal Positivism Legal Philosophy Theories through the Case of Death Note

Tue, 30 Jan 2024 00:00:00 +0700

This article has the objective to analyze a case study in the Death Note comic book and legal philosophy of law and justice through both characters who want to create a peaceful society. In the main story of the manga, there is a conflict between the idea of rightness and justice between the actions of the character who have the power to judge the offenders in society to death by using the Death note, and another that wants the offenders to be punished according to the justice process. Therefore, the authors of the article have an opinion in this comic book content is suitable for use as case studies. This article focuses on analyzing the actions and concepts of the main characters through legal philosophy and concepts of the Natural Law and the Legal positivism on morality and justice. In addition to studying the theory and efficiency through case studies in manga, It also criticizes the limitations of the legal philosophy of the two theories.

Competition Law and Climate Change : A Proposal to Exempt Cartels on Environmental Initiatives

Shina Chaisang — Tue, 30 Jan 2024 00:00:00 +0700

Climate change is a global crisis, and its impact accelerates over time. While some businesses may wish to cooperate on pursuing environmental initiatives important for climate mitigation, their practice may violate the cartel prohibition –a central point of competition law– as competition authorities in many countries, including Thailand, still attach little weight to environmental objectives when balancing anti-competitive effects and environmental benefits in cartel enforcement. The issue of whether competition is an obstacle to environmental sustainability has therefore been intensely debated among scholars and advocates of environmentalism. This article suggests that cartels associated with environmental objectives should be exempted from prohibition. It concentrates, firstly, on the literature review on the fundamental principles of competition law and the interplay between competition law and environmental sustainability. Attention is then drawn to other jurisdictions’ developments of considering these competing interests, including the European Commission’s recent insertion of “Sustainability Agreements” chapter in its Horizontal Cooperation Block Exemption Guidelines and the Austria and Netherlands’ already-implementing green competition provisions. Returning to Thai competition law, the article concludes with the author’s in-depth analysis of reasons for the exemption and guidelines for incorporating such exemption in cartel provisions under the Trade Competition Act B.E. 2560 to compromise respect for the goals of competition law and to prevent problems that may arise after enforcing the exemption, such as greenwashing.