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Selective Judicial Competence
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Book Synopsis Selective Judicial Competence by : Mason C. Hoadley
Download or read book Selective Judicial Competence written by Mason C. Hoadley and published by Cornell University Press. This book was released on 2018-05-31 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major contribution to the understanding of Indonesian legal history. Hoadley shows how European colonialism skewed local legal institutions to serve colonial ends, and he discusses a fascinating series of cases that illustrate the evolution of this process.
Book Synopsis United States Attorneys' Manual by : United States. Department of Justice
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis DSM-5 and the Law by : Charles L. Scott
Download or read book DSM-5 and the Law written by Charles L. Scott and published by Oxford University Press, USA. This book was released on 2015 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resource added for the Paralegal program 101101.
Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Book Synopsis Perils of Judicial Self-Government in Transitional Societies by : David Kosař
Download or read book Perils of Judicial Self-Government in Transitional Societies written by David Kosař and published by Cambridge University Press. This book was released on 2016-04 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Book Synopsis Wives, Slaves, and Concubines by : Eric Jones
Download or read book Wives, Slaves, and Concubines written by Eric Jones and published by Cornell University Press. This book was released on 2011-12-15 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wives, Slaves, and Concubines argues that Dutch colonial practices and law created a new set of social and economic divisions in Batavia-Jakarta, modern-day Indonesia, to deal with difficult realities in Southeast Asia. Jones uses compelling stories from ordinary Asian women to explore the profound structural changes occurring at the end of the early colonial period—changes that helped birth the modern world order. Based on previously untapped criminal proceedings and testimonies by women who appeared before the Dutch East India Company's Court of Alderman, this fascinating study details the ways in which demographic and economic realities transformed the social and legal landscape of eighteenth-century Batavia-Jakarta. Southeast Asian women played an inordinately important role in the functioning of the early modern Asia Trade and in the short- and long-term operations of the Dutch East India Company (VOC). Southeast Asia was a place where most individuals operated within an intricate web of multiple, fluid, situational, and reciprocal social relationships ranging from dependence to bondedness to slavery. The eighteenth century represents an important turning point: the relatively open and autonomous Asia Trade that prompted Columbus to set sail had begun to give way to an age of high imperialism and European economic hegemony. How did these changes affect life for ordinary women in early modern Dutch Asia, and how did the transformations wrought by Dutch colonialism alter their lives? The VOC created a legal division that favored members of mixed VOC families, those in which Asian women married men employed by the VOC. Thus, employment—not race—became the path to legal preference, a factor that disadvantaged the rest of the Asian women. In short, colonialism created a new underclass in Asia, one that had a particularly female cast. By the latter half of the eighteenth century, an increasingly operational dichotomy of slave and free supplanted an otherwise fluid system of reciprocal bondedness. The inherent divisions of this new system engendered social friction, especially as the emergent early modern economic order demanded new, tractable forms of labor. Dutch domestic law gave power to female elites in Dutch Asia, but it left the majority of women vulnerable to the more privileged on both sides of this legal divide. Slaves fled and violence erupted when traditional expectations of social mobility collided with new demands from the masters and the state.
Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Book Synopsis Changes of Regime And Social Dynamics in West Java by : Atsushi Ōta
Download or read book Changes of Regime And Social Dynamics in West Java written by Atsushi Ōta and published by BRILL. This book was released on 2006 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume deals with the sultanate of Banten from the outbreak of the rebellion of 1750-52 to the launching of the Cultivation System in 1830. After the suppression of the rebellion by the Dutch East India Company (VOC), local society showed considerable vitality. The introduction by the VOC of forced exploitation of the pepper cultivation did not lead to a significant increase in production, but enabled the local elites to augment their power. In the late 18th century Asian traders (many Bugis and Chinese) and English country traders integrated Banten and its Sumatran territory Lampung into a vibrant inter-regional trading network. This trade pattern, which involved the exchange of pepper and the maritime and forest products demanded by the China market for opium, contributed to the emergence of a new economic order in insular South-East Asia. This study shows how the the society of Banten was in a state of constant transformation in reaction to the Western presence and the shifts of the world economy during the period from 1750 to 1830.
Book Synopsis Outsourcing Legal Aid in the Nordic Welfare States by : Olaf Halvorsen Rønning
Download or read book Outsourcing Legal Aid in the Nordic Welfare States written by Olaf Halvorsen Rønning and published by Springer. This book was released on 2017-12-21 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY 4.0 license. This edited collection provides a comprehensive analysis of the differences and similarities between civil legal aid schemes in the Nordic countries whilst outlining recent legal aid transformations in their respective welfare states. Based on in-depth studies of Norway, Sweden, Finland, Denmark, and Iceland, the authors compare these cases with legal aid in Europe and the US to examine whether a single, unique Nordic model exists. Contextualizing Nordic legal aid in relation to welfare ideology and human rights, Hammerslev and Halvorsen Rønning consider whether flaws in the welfare state exist, and how legal aid affects disadvantaged citizens. Concluding that the five countries all have very different legal aid schemes, the authors explore an important general trend: welfare states increasingly outsourcing legal aid to the market and the third sector through both membership organizations and smaller voluntary organizations. A methodical and compassionate text, this book will be of special interest to scholars and students of the criminal justice, the welfare state, and the legal aid system.
Book Synopsis The Uses of Justice in Global Perspective, 1600–1900 by : Griet Vermeesch
Download or read book The Uses of Justice in Global Perspective, 1600–1900 written by Griet Vermeesch and published by Routledge. This book was released on 2019-01-09 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Uses of Justice in Global Perspective, 1600–1900 presents a new perspective on the uses of justice between 1600 and 1900 and confronts prevailing Eurocentric historiography in its examination of how people of this period made use of the law. Between 1600 and 1900 the towns in Western Europe, the Kingdoms in Eastern Europe, the Empires in Asia and the Colonial States in Asia and the Americas were all characterised by a plurality of legal orders resulting from interactions and negotiations between states, institutions, and people with different backgrounds. Through exploring how justice is used within these different areas of the world, this book offers a broad global perspective, but it also adopts a fresh approach through shifting attention away from states and onto how ordinary people lived with and made use of this ‘legal pluralism’. Containing a wealth of extensively contextualised case studies and contributing to debates on socio-legal history, processes of state formation from below, access to justice, and legal pluralism, The Uses of Justice in Global Perspective, 1600–1900 questions to what degree top-down imposed formal institutions were used and how, and to what degree, bottom-up crafted legal systems were crucial in allowing transactions to happen. It is ideal for students and scholars of early modern justice, crime and legal history.
Book Synopsis Nine-Tenths of the Law by : Christian Lund
Download or read book Nine-Tenths of the Law written by Christian Lund and published by Yale University Press. This book was released on 2021-01-05 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the relationship between possession and legalization across Indonesia, and how people navigate dispossession The old aphorism "possession is nine-tenths of the law" is particularly relevant in Indonesia, which has seen a string of regime changes and a shifting legal landscape for property claims. Ordinary people struggle to legalize their possessions and claim rights in competition with different branches of government, as well as police, army, and private gangs. This book explores the relationship between possession and legalization across Indonesia, examining the imaginative and improvisational interpretations of law by which Indonesians navigate dispossession.
Book Synopsis The Indonesian Supreme Court by : Sebastiaan Pompe
Download or read book The Indonesian Supreme Court written by Sebastiaan Pompe and published by Cornell University Press. This book was released on 2018-05-31 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the fall of Indonesian president Suharto, a major focus of the country's reformers has been the corrupt and inefficient judicial system. Within the context of a history of the Supreme Court in post-independence Indonesia, Sebastiaan Pompe analyzes the causes of the judiciary's failure over the last five decades. This study provides an essential background for those seeking to understand why legal reform has been so slow and frustrating in the post-1998 period.
Book Synopsis On the Eighteenth Century as a Category of Asian History by : Leonard Blussé
Download or read book On the Eighteenth Century as a Category of Asian History written by Leonard Blussé and published by Routledge. This book was released on 2016-12-05 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The starting point of this volume is the scathing attack, far-reaching in its consequences, launched in 1942 by J.C. van Leur on the views then current on the character and significance of the 18th century as a category in Asian history. His denial of European pre-eminence in Asian waters represented a direct attack on colonial historiography. The essays here derive from an international conference held 50 years later, to assess the impact of van Leur’s work. In part historiographic, in part drawing on new research, they aim to delimit the boundaries of European-Asian interaction, and to provide case studies of what this period actually meant for the history of South and East Aia.
Book Synopsis Islamic Law in the Indian Ocean World by : Mahmood Kooria
Download or read book Islamic Law in the Indian Ocean World written by Mahmood Kooria and published by Routledge. This book was released on 2021-09-23 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the ways in which Muslim communities across the Indian Ocean world produced and shaped Islamic law and its texts, ideas and practices in their local, regional, imperial, national and transregional contexts. With a focus on the production and transmission of Islamic law in the Indian Ocean, the chapters in this book draw from and add to recent discourses on the legal histories and anthropologies of the Indian Ocean rim as well as to the conversations on global Islamic circulations. By doing so, this book argues for the importance of Islamic legal thoughts and practices of the so-called "peripheries" to the core and kernel of Islamic traditions and the urgency of addressing their long-existing role in the making of the historical and human experience of the religion. Islamic law was and is not merely brought to, but also produced in the Indian Ocean world through constant and critical engagements. The book takes a long-term and transregional perspective for a better understanding of the ways in which the oceanic Muslims have historically developed their religious, juridical and intellectual traditions and continue to shape their lives within the frameworks of their religion. Transregional and transdisciplinary in its approach, this book will be of interest to scholars of Islamic Studies, Indian Ocean Studies, Legal History and Legal Anthropology, Area Studies of South and Southeast Asia and East Africa.
Book Synopsis Rule and Rupture by : Christian Lund
Download or read book Rule and Rupture written by Christian Lund and published by John Wiley & Sons. This book was released on 2017-07-11 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule and Rupture - State Formation Through the Production of Property and Citizenship examines the ways in which political authority is defined and created by the rights of community membership and access to resources. Combines the latest theory on property rights and citizenship with extensive fieldwork to provide a more complex, nuanced assessment of political states commonly viewed as “weak,” “fragile,” and “failed” Contains ten case studies taken from post-colonial settings around the world, including Cambodia, Nepal, Indonesia, Afghanistan, Rwanda, Somalia, Democratic Republic of Congo, Colombia, and Bolivia Characterizes the results of societal ruptures into three types of outcomes for political power: reconstituted and consolidated, challenged, and fragmented Brings together exciting insights from a global group of scholars in the fields of political science, development studies, and geography
Download or read book Networks of Empire written by Kerry Ward and published by Cambridge University Press. This book was released on 2009 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Ward examines the Dutch East India Company's control of migration as an expression of imperial power.
Book Synopsis The Flaming Womb by : Barbara Watson Andaya
Download or read book The Flaming Womb written by Barbara Watson Andaya and published by University of Hawaii Press. This book was released on 2006-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Princess of the Flaming Womb, the Javanese legend that introduces this pioneering study, symbolizes the many ambiguities attached to femaleness in Southeast Asian societies. Yet, despite these ambiguities, the relatively egalitarian nature of male-female relations in Southeast Asia is central to arguments claiming a coherent identity for the region. This challenging work by senior scholar Barbara Watson Andaya considers such contradictions while offering a thought-provoking view of Southeast Asian history that focuses on women's roles and perceptions. Andaya explores the broad themes of the early modern era (1500-1800) - the introduction of new religions, major economic shifts, changing patterns of state control, the impact of elite lifestyles and behaviors - drawing on an extraordinary range of sources and citing numerous examples from Thai, Vietnamese, Burmese, Philippine, and Malay societies.
