Judging and Judgment in Contemporary Asia: Editor’s Introduction to this Special Issue

2021 ◽  
pp. 1-8
Author(s):  
David M. Engel
Keyword(s):  
Sri Lanka ◽  
Moral Authority ◽  
Special Issue ◽  
Legal Principles ◽  
Legal Legitimacy ◽  
Institutional Status ◽  
Good Judge

Abstract Although the figure of the wise judge may be a universal trope, respect is not automatically accorded every person who passes judgment on another. To be perceived as legitimate, judges must occupy an institutional status with the power to decide controverted cases and must have access to specialized or even sacred knowledge and moral authority. Historically, Asian judges could claim legitimacy through their connection to transcendent legal principles, such as dhamma or dao or shari’a. In contemporary Asia, however, conceptions of law and legal legitimacy have become pluralistic, contested, and contradictory. Judges may to some extent retain a connection to the sacred and the transcendent, yet that connection is no longer sufficient in itself to insulate their judgments—or their character—from criticism. How, then, can the “good judge” be distinguished from judges who fall short of the mark? In this Special Issue, five distinguished scholars explore the crisis of legitimation as it affects judging and judgment in Sri Lanka, India, China, Indonesia, and Thailand.

Telaah Integratif Filsafat Hukum Publik dan Teori Maslahah terhadap Kebijakan Amnesti Pajak di Indonesia

2021 ◽  
Vol 15 (1) ◽  
pp. 37-52
Author(s):  
Karimatul Khasanah
Keyword(s):  
Public Law ◽  
Legal Philosophy ◽  
Legal Certainty ◽  
Legal Principles ◽  
Public Benefit ◽  
Public Benefits ◽  
Tax Amnesty ◽  
Legal Legitimacy ◽  
The Government

Tax amnesty policy has been issued by the Government of Indonesia for six times, i.e., 1964, 1984, 2007, 2009, 2015, and 2016. But actually, such policy is not a common one, because taxes are obligation for everyone who has met the criteria as a taxpayer. Therefore, the emergence of this policy often leads to controversial responses from many people. This research aims to reveal how the analysis of the philosophy of public law (justice, expediency and legal certainty) toward tax amnesty policies in Indonesia, which is integrated with the theory of maṣlaḥah (public benefit) in Islamic legal philosophy (Usul al-Fiqh). The findings of this study indicate that the implementation of the three legal principles in the tax amnesty policy in Indonesia actually has a legal legitimacy (i’tibār syar’iy) in the perspective of maṣlaḥah (public benefits). As the character of the maslahah, then the hierarchy of the three is tentative depending on the level of urgency driven by surronding situations and conditions.

Locating Transnational Memory

2014 ◽  
Vol 22 (4) ◽  
pp. 652-656 ◽  
Author(s):  
Michael Rothberg
Keyword(s):  
Sri Lanka ◽  
The Body ◽  
Special Issue ◽  
Transnational Memory ◽  
Politics Of Location

This special issue demonstrates the strengths of a located approach to transnational memory. The issue focuses intensively on Argentina and Spain, but also makes forays into Brazil, France, Germany, Mexico, and Sri Lanka, among other locations. By ‘located’ I do not mean simply ‘local’ – indeed, negotiating the question of the local and its relation to the global is high on the agenda of this special issue. A located approach to transnational memory might take inspiration from the feminist poet and essayist Adrienne Rich’s concept of a ‘politics of location’.1A politics of location does indeed pay rigorous attention to the local – starting from the intimate terrain of the body – but it situates such attention in relation to other scales: from the regional to the national to the global. While Rich’s essay ‘Notes toward a Politics of Location’ does not address the question of memory directly, her famous assertion that ‘a place on the map is also a place in history’ resonates with the stakes of the essays collected here – essays that deal, as does Rich’s ‘Notes’, with the contradictory and intersecting legacies of state-sponsored violence (Ref. 1, p. 212).

Sri Lanka: testimony to state terror

Race & Class ◽  
1985 ◽  
Vol 26 (4) ◽  
pp. 71-84
Keyword(s):  
Sri Lanka ◽  
South Asia ◽  
The Other ◽  
Sri Lankan ◽  
Special Issue ◽  
The South ◽  
Military Dictatorship ◽  
Security Forces ◽  
State Terror ◽  
Authoritarian State

There are two nations in Sri Lanka, both ruled by the Sri Lankan government - one, the Sinhala/Buddhist South, under civilian rule, and the other, the Tamil North (and increasingly the East), under a military dictatorship. Ironically enough, the cause of this separate dispensation is alleged by the Sri Lankan government to be the figirt for a separate state by the Northern (and Eastern) Tamils. That story however, has been told at length in the special issue of Race & Class ('Sri Lanka: racism and the authoritarian state') which appeared in Ju ly 1984 on the anniversary of the '83 pogroms. Here we wish to record a few of the 200 affidavits (sworn before justices of the peace) from witnesses testifying to the atrocities of the security forces in Jaffna in the period March November 1984. (A fuller dossier, from which these documents have been excerpted, is published by the South Asia Bureau. *)

scholarly journals Special Issue - Sri Lanka

Refuge ◽  
1985 ◽  
pp. 1
Author(s):  
Howard Adelman
Keyword(s):  
Sri Lanka ◽  
Special Issue

Introduction: Language and schooling in India and Sri Lanka: Language medium matters

2018 ◽  
Vol 2018 (253) ◽  
pp. 1-26 ◽  
Author(s):  
Chaise LaDousa ◽  
Christina P. Davis
Keyword(s):  
Sri Lanka ◽  
South Asia ◽  
Special Issue ◽  
Education In India ◽  
Sociology Of Language

Abstract This article introduces a special issue of the International Journal of the Sociology of Language focused on the topic of language medium, pervasive in the nations comprising South Asia. This introduction provides a brief overview of sociolinguistic scholarship on education in India and Sri Lanka, a short sketch of the phenomenon of language-medium schooling, a review of the articles included in the special issue, and a summary of the theoretical contributions of the articles.

Preface to Sukatha Adhiveshn 2020

2021 ◽  
Keyword(s):  
Rural Communities ◽  
Sri Lanka ◽  
Regional Development ◽  
South Asia ◽  
South Asian ◽  
Information Dissemination ◽  
Appropriate Technology ◽  
Special Issue ◽  
Technology Innovations

Sukatha Adhiveshn; Sukatha meaning happy stories is a special issue Adhiveshn (conference) with the intention to highlight South Asian Appropriate Technology Innovations in different fields of technology. In the post pandemic era we in south Asia need to decouple from reliance on western innovations but foster regionally developed sustainable innovations. Every year a different area of technology specialty will be themed. The flagship publication of the themed conference is Sukatha Adhiveshn with the aim to be the platform of information dissemination on regional appropriate technology innovations, a platform to serve as a hub for regional innovators to tell their stories of innovations serving the rural communities of Afghanistan, Bangladesh, Bhutan, India, Nepal, Maldives, Pakistan, and Sri Lanka. The contributions published in Sukatha Adhiveshn will highlight innovations that has the potential to uplift the population of the region and contribute to the regional development of South Asia.

Buddhists, Politics and International Law

2021 ◽  
Vol 38 (1) ◽  
Author(s):  
Benjamin Schonthal
Keyword(s):  
Sri Lanka ◽  
United Nations ◽  
International Law ◽  
Small Body ◽  
Real Life ◽  
Legal Principles ◽  
The United Nations

To date, international law has not featured prominently in academic analyses of Buddhism. Especially absent from this small body of literature are real-life examples of Buddhist monks and laity turning to international law to resolve grievances or protect Buddhism against perceived threats to it. This article seeks to fill this void. Drawing on interview and archival sources from Sri Lanka and the United Nations, it analyzes how one particular monk from Colombo became a key agent in the interpretation and transformation of international law. By so doing, this article complements existing scholarship concerning Buddhism’s philosophical or conceptual sympathies with international legal principles and provides further empirical ballast for understanding how, when and why Buddhists turn to international law.

scholarly journals The Legitimacy of Circular Letter in Handling COVID-19 Pandemic

Rechtsidee ◽  
2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
Good Governance ◽  
Legal Issues ◽  
Discretionary Power ◽  
Government Officials ◽  
Legal Research ◽  
Legal Principles ◽  
Critical Studies ◽  
Circular Letter ◽  
Legal Legitimacy

The purpose of this legal research is to analyze the relevance of the discretion of government officials during the COVID-19 pandemic with the concepts and legislation related to legal issues; as well as analyzing the existence of a Circular to legitimize the handling of COVID-19 with statutory regulations. This legal research is carried out by making an inventory of various primary and secondary legal materials, so as to obtain relevant and critical studies of the legal issues discussed. The results of this legal research are that the discretion made by government officials can be justified legally if it is relevant to several provisions contained in legislation for the realization of good emergency governance; and the existence of a circular letter is legally valid if it is in accordance with the laws and regulations and the General Principles of Good Governance, by understanding that a circular is not a product of rules that are in the order of national legislation. Thus, a circular does not have strong and binding legal legitimacy. Therefore, the researcher recommends the criteria and classification of the parameters of discretion in the form of a circular as outlined in the form of a Supreme Court Regulation. This should be done so that there is no abuse of authority in implementing discretionary power by government officials and general legal principles.

IMPACT AND ADAPTATION OF SOUTH-EAST ASIAN FARMERS TO CLIMATE CHANGE: INTRODUCTION

2017 ◽  
Vol 08 (03) ◽  
pp. 1703001 ◽  
Author(s):  
PRADEEP KURUKULASURIYA ◽  
ROBERT MENDELSOHN
Keyword(s):  
Climate Change ◽  
Sri Lanka ◽  
Climate Sensitivity ◽  
Climate Changes ◽  
East Asian ◽  
South East Asia ◽  
Special Issue ◽  
Adaptation Studies ◽  
Behavior Choices ◽  
The Impact

This special issue examines the impact of climate on agriculture as well as the economics of farmer adaptation in South-East Asia. An extensive survey was undertaken of small farmers in Bangladesh, Indonesia, Mongolia, Sri Lanka, Thailand and Vietnam. Ricardian studies were undertaken to measure the likely impact of climate change on these farmers. Adaptation studies were undertaken to measure how farmers would likely change their behavior (choices) as climate changed. Perceptions were asked to gauge farmer awareness of climate change and their plans to adapt. The overall study provides many useful analyses into the climate sensitivity of agriculture in the region as well as how farmers might adapt to climate changes.

Sign in / Sign up

Export Citation Format

Share Document