Constructing the Identity of the Thai Judge: Virtue, Status, and Power

2018 ◽  
Vol 5 (1) ◽  
pp. 91-110 ◽  
Author(s):  
Kitpatchara SOMANAWAT
Keyword(s):  
Legal Consciousness ◽  
Specific Reference ◽  
Political Issues ◽  
Law System ◽  
Highly Educated ◽  
Wise Person ◽  
Central Aspect ◽  
The Law ◽  
Constituent Elements ◽  
The Ideal

AbstractA central aspect of Thai legal consciousness since the mid-twentieth century, widely shared among the general population, has been a perception that judges have an exalted status entitling them to make broad-ranging pronouncements about social and political issues as well as legal matters. Popular legal consciousness of the Thai judge has to a large extent been shared by the judges themselves, as well as by their families and followers. The power and authority of Thai judges go far beyond the limited formal role they are given in Thailand’s civil-law system. This article suggests that the exceptional status of the Thai judge derives from a process of identity construction, emphasizing four traits that set the ideal judge apart from ordinary people. The first is that a Thai judge must be a “khon di” (good person), with specific reference to the traditions of Thai Buddhism. The second is that a Thai judge must be polite, kind, and socially refined—a “phudi” (proper gentleman). The third characteristic of the ideal Thai judge is that he or she must be highly educated and knowledgeable about the law—a “phuru” (learned and wise person). The fourth trait is that a Thai judge must be a “phupakdi” (loyal servant of the king), not only loyal to the monarchy as an institution, but to the late King Rama IX as a person. When the identity of the Thai judge is constructed from these four constituent elements, the pronouncements of the judge acquire legitimacy, even when they range beyond the narrow letter of the law. The article explores this central aspect of Thai legal consciousness by analyzing the construction of judges’ identities through a distinctive set of historical documents—the cremation volumes (nangsue ngan sop) that are published and distributed at the funerals of noted public figures. These volumes contain a wealth of biographical information as well as related legal and historical material that shed light on the life and work of Thailand’s most prominent judges during the past 50 years.

scholarly journals Review of the Political Direction of National Legal Development Law

2021 ◽  
Vol 9 (2) ◽  
Author(s):  
Achmad Irwan Hamzani ◽  
Kanti Rahayu ◽  
Tani Haryadi ◽  
Nur Khasanah ◽  
Havis Aravik
Keyword(s):  
Legal System ◽  
Legal Consciousness ◽  
The Political ◽  
Philosophical Approach ◽  
Legal Development ◽  
National Legal System ◽  
The Law ◽  
The Impact ◽  
Law Making ◽  
The Ideal

The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of national legal development is not only through legislation. There is the functionalization of the law that lives in society. The purpose of the research describes the political urgency of law in the development of national law and reviews the political direction of national law development law. This research uses a philosophical approach, namely to examine the law from the ideal side in the form of an idea of the direction of national law politics in the future. The results of this study show that the politics of law is necessary to provide direction in the development of national law. Each country has a legal political direction whose role as the basic policy of state organizers to determine the direction, shape, and content of the law to be established. Legal politics as a strategy of the formation process, as well as the implementation of laws based on the national legal system to achieve the goals and ideals of the state. The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of the development of the national legal system can be through legislation and functionalization of the living law. The political direction of the law in Indonesia in the development of national law simplifies the process of legislation. The impact will only be a successful legal state in law-making, but weak in law in action. The implication of this study is to expand the political direction of national law which includes the functionalization of the living law. By functionalizing "the living law", the resulting law is rooted in the legal consciousness of society.

Peranan Hukum Dalam Pembangunan Ekonomi Negara Menurut Pandangan Ibnu Khaldun

Al-Risalah ◽  
2018 ◽  
Vol 11 (02) ◽  
pp. 75
Author(s):  
M Lohot Hasibuan
Keyword(s):  
Economic System ◽  
National Economy ◽  
External Factors ◽  
Economic Productivity ◽  
Law System ◽  
The Law ◽  
Almost All

 The law is no longer a record of behaviors which shape  the live of society; instead the law is expected to reveal the new  powers which expect the prosperity of the society. As the result,  almost all aspects of life are tied by law. The law should also realize  that there are external factors which effect the law and in the  application in reality. In that way, when designing the law policy,  the designer needs to consider some aspects such as psychology,  sociology,  and  geography.  Concerning  on  the  development  of  national economy, Ibnu Khaldun stated that law system should be  based on religion rule for the reason that the law will organize the  economic  system  well  to  be  balance  and  develop  the  economic  productivity 

Pola Penyelesaian Sengketa Waralaba Produk Teh Poci Di Ponorogo

2021 ◽  
Vol 1 (1) ◽  
pp. 29-40
Author(s):  
Haris Djayadi
Keyword(s):  
Dispute Resolution ◽  
Code Of Conduct ◽  
Legal Research ◽  
Existing Problems ◽  
Minimum Standards ◽  
Complaint Handling ◽  
The Law ◽  
The Ideal

The purpose of this study is first to find out the pattern of dispute resolution in the franchise practice of Teh Poci, the second is to describe what the ideal pattern should be. In accordance with the characteristics of the existing problems, the most relevant form of approach to analyzing the above problems is empirical legal research. This research sees law as a reality in society, meaning how the law is practiced. The settlement of default on the agreement in the Tea Poci product franchise business in Ponorogo is the cancellation of the contract as a result of default and is settled on the principle of peace, namely by consulting and negotiation techniques. Ideally, under such a mechanism the franchisor should develop an internal procedure for handling complaints. However, this procedure is not stipulated in the franchise agreement and meets certain minimum standards. This standard should provide a procedure for resolving disputes. If a dispute arises, either party can initiate a complaint handling procedure under the Code of Conduct, or under a franchise agreement.Tujuan dari penelitian ini adalah pertama untuk mengetahui pola penyelesaian sengketa dalam praktek waralaba Teh Poci, kedua untuk mendeskripsikan pola yang ideal yang seharusnya. Sesuai dengan karakteristik permasalahan yang ada, bentuk pendekatan yang paling relevan untuk menganalisis permasalahan di atas adalah penelitian hukum empiris. Penelitian ini melihat hukum sebagai realitas dalam masyarakat, artinya bagaimana hukum itu dipraktikkan. Penyelesaian wanprestasi atas kesepakatan dalam usaha waralaba produk Teh Poci di Ponorogo adalah batalnya akad akibat wanprestasi dan diselesaikan dengan prinsip damai yaitu dengan teknik konsultasi dan negosiasi. Idealnya, di bawah mekanisme seperti itu pemilik waralaba harus mengembangkan prosedur internal untuk menangani keluhan. Namun, prosedur ini tidak diatur dalam perjanjian waralaba dan memenuhi standar minimum tertentu. Standar ini harus menyediakan prosedur untuk menyelesaikan perselisihan. Jika timbul perselisihan, salah satu pihak dapat memulai prosedur penanganan keluhan berdasarkan Kode Etik, atau berdasarkan perjanjian waralaba.

Equal Rights and Unequal People

2017 ◽  
Author(s):  
Richard D. Brown
Keyword(s):  
Public Opinion ◽  
Social Class ◽  
Equal Opportunity ◽  
Equal Treatment ◽  
Equal Rights ◽  
Criminal Trials ◽  
The Law ◽  
And Gender ◽  
The Ideal

Though Americans have favored the idea of equal rights and equal opportunity, they recognize that differences in wealth and social advantage, like differences in ability and appearance, influence the realization, or not, of equal rights, including equality before the law. In the generations after 1776 the rights of creditors, for example, often overrode the rights of debtors. And criminal trials demonstrate that in courtrooms equal treatment was most often achieved when defendant and victim came from the same social class. Otherwise if they came from different classes social realities, including ethnicity, color, and gender could shape court officials and public opinion. And when a woman’s sexual virtue was compromised, her credibility was almost always discounted. In principle officials paid homage to the ideal of equality before the law, but in practice unequal rights often prevailed.

scholarly journals Crueldade consentida – Crítica à razão antropocêntrica

2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Laerte Fernando LEVAI
Keyword(s):  
Teaching Methods ◽  
Human Life ◽  
Human Being ◽  
Environmental Resources ◽  
Animal Life ◽  
Law System ◽  
Scientific Experiments ◽  
The Law ◽  
Animal Violence ◽  
Living Being

Despite the fact that the Brazilian Constitution is against animal violence, protecting<br />the fauna integrity, actually it does not work. However, our law system allows cruel acts and<br />accepts the violence done by those who consider themselves rational and superior. Just watch<br />the evil reality at the streets, public shows (circus) and farms, where the animals suffer and<br />are exploited to their limits. Also watch the pain of the animals that are part of an industrial<br />production, the horror at the slaughter houses and the scientific experiments laboratories. It<br />means that we have a contradiction.<br />Blind and cold, we live in a world that lacks justice. The cycle of the human life is limited<br />to personal ambitions, selfish actions and superfluous pleasures. There’s no space to<br />compassion. Under this anthropocentric view, the nature of the animals is no more important<br />and becomes economic or environmental resources. Our system, by rejecting the essence of<br />each living being, defends the fauna only for the purpose the human interests. The animals<br />are treated like merchandise, resources or consumption goods and the law denies them the<br />right to be sensitive. It must be changed, there can be no more silent before so much oppression.<br />For many centuries the human being has been dominating, torturing, killing and exterminating<br />other species, because of economic, commercial, cultural and gastronomic interests or just<br />sadism. The history shows that our relationship with the animals is marked by fanatism,<br />supersticions, ignorance and indifference. It’s a Ministério Público function, as a social<br />transforming agent, to fight against this situation. We must admit the animals presence in<br />the sphere of the human moralities, allowing them to have rights. The question is not only of<br />the law, but philosophic. It’s primordial that we review our teaching methods, searching for<br />a formula to respect the essence of animal life no matter what it is. Without a doubt, this<br />way is far from the anthropocentrism.

scholarly journals Pertautan Teologi dan Politik: Kajian terhadap Aliran Religio-Politik Syi’ah dan Khawarij

ULUMUNA ◽  
2009 ◽  
Vol 13 (2) ◽  
pp. 255-276
Author(s):  
Mustain Mustain
Keyword(s):  
Political Competition ◽  
Islamic Theology ◽  
Political Activities ◽  
Political Issues ◽  
History Of ◽  
The Government ◽  
The Ideal

The history of emergence of sects of Islamic theology can not be separated from political issues as shown in the history of Shiite, Khawarij, Murjiah, Jabariyah, Qadariyah, Mu'tazilite, and Ash'arite. This paper tries to assess such linkage, particularly in the case of Shiite and Khawarij. The emergence of both sects was backed by sharp tribal political competition among the supporters of Ali ibn Abi Talib; both sects then showed their characteristics more as political stream (religio-political) rather than sects of theology. Although both, especially Khawarij, have important contributions in the debate concerning major sins commit which then lead to debate about broader and in-depth issues of divinity, but their political activities are more dominant than their theological thoughts. While the Shiite was preoccupied by searching for the ideal figure of priest (imam), Khawarij flow into a political insubordination movement to the government that they consider infidels.

scholarly journals Pandangan Muhammad Asad tentang Shariah

2019 ◽  
Vol 7 (1) ◽  
pp. 13-30
Author(s):  
Ahmad nabil Amir
Keyword(s):  
Islamic Law ◽  
Modern Context ◽  
Magnum Opus ◽  
The Law ◽  
Contemporary Practice ◽  
Broad Understanding ◽  
The Ideal

Abstrak: This paper analyzed Muhammad Asad’s views on Shariah (Islamic law). This was investigated from his thoughtful and broad understanding of its principle and underlying purpose. The essential understanding of the principle of shariah was analytically discussed in his works such as This Law of Ours and Other Essays, The Principles of State and Government in Islam and in his magnum opus The Message of the Qur’an. The finding shows that Muhammad Asad’s discussion on shariah emphasized on its dynamic principle and relevance to contemporary practice and modern context of Islam. It set forth important framework towards reforming Islamic law by critically reconstructing and reprojecting its ideal in order to establish justice in implementing the law and in framing the ideal that underlie its purpose.

scholarly journals GENDER BALANCE IN POLITICS: THE ITALIAN CONSTITUTIONAL COURT’S JUDGMENT Nº 4 OF 2010

2020 ◽  
Vol 5 (9) ◽  
pp. 12-17
Author(s):  
Athena De Albuquerque Farias
Keyword(s):  
Political Representation ◽  
Specific Reference ◽  
Constitutional Court ◽  
Women In Politics ◽  
Representation Of Women ◽  
Gender Balance ◽  
The Law ◽  
Italian Constitution

The aim of this study is to briefly analyse the under-representation of women in politics with a specific reference to Italy in the light of the Italian Constitutional Court Judgment nº 4 of 2010. Therefore, some concepts are of major importance to better understand the framework. in order to achieve gender balance on the basis of political representation in practice, parity must be enforced, and it may occur either for the parties themselves or by the law. Keywords: Woman in politics. Italian Constitution. Gender Balance.

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