scholarly journals Intensifying the Incarceration of the Vulnerable Legal Subject: Correctional Treatment of Ashley Smith as a Source of Legal Norms

2017 ◽  
Vol 32 (02) ◽  
pp. 229-248
Author(s):  
Elspeth Kaiser-Derrick
Keyword(s):  
Legal Pluralism ◽  
Vulnerability Analysis ◽  
Correctional Treatment ◽  
Legal Subject ◽  
Legal Norms ◽  
Normative Systems ◽  
Correctional Policy ◽  
Legal Sanctions ◽  
Legal Subjects ◽  
As If

Abstract Ashley Smith lived and died at a confluence of legal sanctions and correctional policy, norms, decisions, and indifference. This article approaches her incarceration primarily through a particular articulation of legal pluralism. Martha-Marie Kleinhans and Roderick A. Macdonald argue legal subjects should be understood as creating law in relationship with laws/norms. The Correctional Service of Canada (CSC) treated Smith as an excluded legal subject through practices of isolation, but the correctional norms evolving in relationship with her resultant distress simultaneously indicate CSC treated Smith as if she were effectively a law-producer, capable of changing policy. However, treating her as a source of norm-creation assumes equality/power Smith did not have. The story leading to Smith’s death in custody illustrates two primary themes regarding the production of law/norms. First, the legal subject within a critical legal pluralism should be widened to encompass those who act within/against (and are acted upon by) legal/normative systems characterized by extreme power disparities. Drawing on Martha Fineman’s vulnerability analysis, I argue such legal subjects should be understood/treated as vulnerable, implicating an enlarged role for institutions. Second, I follow the broad dictates of a critical legal pluralism to demonstrate how the reciprocally constitutive (though unequal) relationship between the legal subject and legal/normative orders manifested in Smith’s incarceration and attendant changes to correctional norms.

“I Made a Promise to a Lady”: Critical Legal Pluralism as Improvised Law in Buffy the Vampire Slayer

2010 ◽  
Vol 6 (1) ◽  
Author(s):  
Wendy Adams
Keyword(s):  
Ad Hoc ◽  
Legal Pluralism ◽  
Buffy The Vampire Slayer ◽  
Knowledge Process ◽  
Legal Subject ◽  
Legal Subjectivity ◽  
True Blood ◽  
Popular Television ◽  
Legal Subjects ◽  
Legal Meaning

Given traditional understandings of law, one might be sceptical of a claim that improvisation and justice are not mutually-exclusive concepts. Does not the significance of the rule of law, the requirement that we be governed by rules and not arbitrary, ad hoc discretion, call into question the legitimacy of improvisation in law? To this very lawyerly question, I provide a very lawyerly answer: it depends. Legal orthodoxy may indeed refuse to acknowledge any role for improvisation in law, but other theories of law, particularly a theory of critical legal pluralism, is likely to be more accommodating. Critical legal pluralism rejects the characterization of law as an external force obeyed by legal subjects. Instead, critical legal pluralism recognizes the improvised nature of law; legal subjects are not law-obeying but rather law-creating, generating their own legal subjectivity and establishing legal order in real time as a knowledge process of creating and maintaining reality. This article analyzes Buffy the Vampire Slayer, a popular television series, to explore the concept of critical legal pluralism as improvised law. Read jurisprudentially, the series provides numerous examples of the improvised nature of law as the social construction of legal meaning. A particularly compelling example is the character of Spike. True to the traditional (pre-Twilight, pre-True Blood) genre, Spike is an evil vampire, a demon without a soul whose capacity and appetite for violence have earned him the title of William the Bloody. Yet viewers readily accept a character arc in which Spike, motivated by chivalry (the genre of knights-in-armour, not vampires) vows to protect a human being even at the expense of his own existence. As a law-creating legal subject, Spike is bound by his commitment to both genre-hybridism and the improvised legal meaning of his circumstances; he has made a promise to a lady, and such promises must be kept, even by soulless vampires.

scholarly journals THE AUTHORITY OF VILLAGE CREDIT UNION AS THE SUBJECT OF LIABILITY RIGHTS

Acta Comitas ◽  
2016 ◽  
Author(s):  
I Gusti Ngurah Wairocana ◽  
Putu Gede Arya Sumerthayasa ◽  
Jeanne Wiryandani Ratmaningrum
Keyword(s):  
Credit Union ◽  
Normative Study ◽  
Legal Subject ◽  
Legal Norms ◽  
The Third ◽  
The Status ◽  
The Subject ◽  
The One ◽  
Legal Discovery ◽  
The Village

According to the Bali Provincial Regulation No. 8 concerning Village Credit Union (hereinafter referred to as LPD) Article 2 paragraph (1) states that: LPD is a village-owned financial union conducting business in the village and for the benefit of the villagers. This is confirmed by the presence of the Decision of the Third Big Meeting by Village Assembly (MDP) Bali No. 009 / SK-PA III / MDP Bali /Vffl /2014 Article I paragraph (1), namely, the Village Credit Union is one of the possessions of the village. This type of research used in this thesis is a normative study. Normative study is the one that examines the level of legal norms, finding the non-existence of the LPD status as a legal subject of liability rights, so there is a legal vacuum in which the status of the LPD as the subject of a liability rights is not stipulated in the legislation and these problems will be a legal discovery. LPD is the possession of the village, so LPD cannot be the legal subject of liability right because the village itself has not been the subject of law. So the security liability agreement made by LPD is invalid because it does not qualify his legitimate agreements written in Article 1320 paragraph (4) of Civil Code regarding lawful cause or legal cause.

Custom Made—For a Non-chirographic Critical Legal Pluralism

2011 ◽  
Vol 26 (2) ◽  
pp. 301-327 ◽  
Author(s):  
Roderick A. Macdonald
Keyword(s):  
Legal Pluralism ◽  
Legal Norms ◽  
Custom Made ◽  
Extra State

AbstractContemporary shifts in legal pluralism theory (from weak, intra-state pluralism to strong, extra-state pluralism and from socio-scientific to critical legal pluralism) have raised important new questions about law as a normative phenomenon. This article argues for the significance of implicit and inferential legal norms. It begins by considering a movement of thought—evangelicalism—that subordinates the implicit and informal to the explicit and authorized. The essay then outlines the principal features of a non-chirographic legal pluralism and explores how regimes of written rules are consistently made over by those whose conduct they are presumptively meant to govern.

Global Legal Pluralism and the Rule of Law

2020 ◽  
pp. 363-382
Author(s):  
David Lefkowitz
Keyword(s):  
Political Theory ◽  
Rule Of Law ◽  
Legal Pluralism ◽  
Legal Order ◽  
Individual Autonomy ◽  
The Rule Of Law ◽  
Regulatory Regimes ◽  
Legal Subjects ◽  
The Ideal

A vibrant debate has recently emerged among legal theorists regarding the desirability of legal pluralism: the existence of distinct regulatory regimes that make overlapping claims to authority. While Monists maintain that we should strive to forge a unitary legal order, Normative Legal Pluralists favour an approach that seeks to manage legal plurality without eliminating it. This chapter critically evaluates a common argument Monists level against Normative Legal Pluralism, namely that it conflicts with fidelity to the ideal of the rule of law.Advocates of Normative Legal Pluralism employ three strategies to respond to their rule-of-law critics. First, they attempt to show that a plural legal order fares no worse than a unitary one when measured against the standard of providing legal subjects with certainty and predictability. Second, they argue that increases in tolerance, or respect for the exercise of communal and individual autonomy, warrant whatever diminution in the rule of law Normative Legal Pluralism produces. Finally, they invoke an account of law’s distinctive normativity informed by sociolegal jurisprudence and constructivist political theory to disarm rule of law objections to normative legal pluralism, either by contesting the premises on which they rest or by providing reasons to conclude that the critics’ worries are seriously overdrawn. While the first two strategies fail, the critics underestimate or simply fail to notice Normative Legal Pluralists’ ability to leverage their conception of law’s legitimacy to address rule of law concerns.

scholarly journals Legal Pluralism and the Rule of Law in Timor Leste

2006 ◽  
Vol 19 (2) ◽  
pp. 305-337 ◽  
Author(s):  
LAURA GRENFELL
Keyword(s):  
Rule Of Law ◽  
Legal Pluralism ◽  
The State ◽  
East Timor ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Informal System ◽  
Transitional Countries ◽  
Timor Leste

Many transitional countries face the problem of establishing the rule of law in a weak justice sector where a gulf separates local legal norms from national, constitutional norms that are drawn largely from the international sphere. As a case study of East Timor this article challenges simplistic positivist notions about the normative hierarchy of laws within a constitutionally bounded polity. It argues that in transitional countries such as East Timor legal pluralism is important but must be properly tuned to serve the rule of law. Legal pluralism poses certain dangers when it operates without any of the checks or balances that ensure accountability and the promotion of constitutional values such as equality. The rule of law is not served by an informal system where there are no formal avenues of appeal and thus minimal accountability and transparency. A more promising version of legal pluralism that comports with the rule of law is one that empowers the state to monitor local decisions to ensure that they observe the norms set out in East Timor's Constitution.

scholarly journals Sanksi Hukum Bagi Pengawas Yayasan yang Lalai dalam Menjalankan Fungsinya Sebagai Organ Yayasan

2021 ◽  
Vol 7 (1) ◽  
pp. 215
Author(s):  
Ida Bagus Bayu Brahmantya
Keyword(s):  
The State ◽  
Good Faith ◽  
Social Activities ◽  
Legal Research ◽  
Financial Reports ◽  
Community Or ◽  
Legal Sanctions ◽  
Legal Position ◽  
The Government ◽  
Legal Subjects

A foundation is an institution that carries out religious, humanitarian and social activities that are formed by the community or the government. Law Number 16 of 2001 concerning Foundations as later amended by Law Number 28 of 2004 concerning amendments to Law Number 16 of 2001 concerning Foundations which provides certainty of the legal position of foundations as legal entities. Foundations do not have members, but have foundations consisting of coaches, administrators and supervisors who as legal subjects are capable of taking legal actions. The management of foundation assets is open in nature so that proper supervision is required. The Supervisory Organ has the authority to supervise the management of the Foundation by supervising financial reports, activity reports and their achievements which are written by the Management to be ratified in a supervisory meeting. These supervisors must have good faith in carrying out their authority, duties and responsibilities. The method used in this research is normative legal research using a statutory approach. The authority of a Supervisor is regulated in statutory regulations, however, legal sanctions if a Supervisor is negligent in carrying out the function are not completely stated. So that in order to avoid negligence in its function, it is necessary to have strict sanctions to avoid any harm to the Foundation, the state or related parties.

scholarly journals JURIDICAL REVIEW OF HEALTH PERSONEL PROTECTION AS A LEADING GUARD IN EFFORTS TO ACCELERATE THE HANDLING OF COVID-19: A NARRATIVE REVIEW

2021 ◽  
Vol 10 (1) ◽  
pp. 99-107
Author(s):  
Vera Rimbawani Sushanty
Keyword(s):  
Severe Acute Respiratory Syndrome ◽  
Health Workers ◽  
Narrative Research ◽  
Legal Protection ◽  
Medical Personnel ◽  
Narrative Review ◽  
Civil Servants ◽  
Legal Norms ◽  
The Government ◽  
Legal Subjects

Health workers who are handling patient of SARS-CoV-2 (Severe Acute Respiratory Syndrome Corona Virus 2) or better known as the Coronavirus are legal subjects who carry out their obligations properly at their leader command, ruled accordance with the legal corridors, obtained the law right and protected from positive legal norms. This narrative research aims juridical review for protection the health workers during coronavirus pandemic. Using literature that obtained by looking materials and sources that match the theme and related them. Protection of health workers as the frontline in efforts to accelerate the handling of the coronavirus pandemic. Civil Servants who served during the Covid-19 pandemic will get a promotion one level higher. The incentive budget for medical personnel comes from a budget reallocation that has been set by Mr. President Joko Widodo for 16.63 trillion in 2020. This award is in the form of compensation and for health workers who fail, the government awards “Bintang Jasa Pratama” and “Bintang Jasa Nararya”. The government provides protection by issuing various policies to protect health workers as the frontline in efforts to accelerate the handling of coronavirus disease 2019.   Keywords: Health workers, legal protection, Covid-19.

scholarly journals Reklamasi pantai berkaitan dengan status hukum tanah dan pendapatan daerah dalam tatanan negara Indonesia

2020 ◽  
Vol 14 (1) ◽  
Author(s):  
H Muhamad Rezky Pahlawan MP
Keyword(s):  
Legal Status ◽  
Regional Government ◽  
Economic Sector ◽  
Business World ◽  
Legal Subject ◽  
Legal Subjects ◽  
The City ◽  
Positive Effect ◽  
Vast Area ◽  
Legal Infrastructure

The need for land has become a very important demand explosion due to the vast area of ​​the city of Jakarata which is already very dense. So that reclamation becomes one of the efforts in increasing the region as well as regional income. The purpose of this research is to provide a clear and formal explanation for both the regional government and the general public. The writing uses an empiric juridical method with a positive written legal approach that is applied to in concreto legal events in society. . This can affect the legal subjects holding rights from land reclaimed by the beach. The legal status of the legal subject to management rights is still regulated by general regulations so that it can lead to multiple interpretations of legal subjects that hold management rights from land reclaimed by the beach. Regional Governments should be able to prepare legal infrastructure in accordance with the existing laws and regulations and can also have a positive effect on the business world as well as the economic sector.

scholarly journals KEDUDUKAN BADAN HUKUM SEBAGAI SUBJEK HUKUM DALAM HUKUM EKONOMI SYARIAH

2020 ◽  
Vol 17 (2) ◽  
pp. 216-242
Author(s):  
Panji Adam
Keyword(s):  
Human Existence ◽  
Legal Entity ◽  
Legal Subject ◽  
Economic Law ◽  
The Subject ◽  
Islamic Economic ◽  
Important Position ◽  
Legal Subjects ◽  
Legal Entities

In the study of Islamic economic law the discussion of the contract occupies a very important position. The contract is said to be legally valid when compliance with the terms and conditions for the validity of the sharia agreement. One of the pillars that must be fulfilled is the parties who carry out the contract. In the classical muamalah fiqh study the parties that are the subject of law are only individuals, but as time goes by, there is a development, not only individuals who are legal subjects, but legal entities are subject to law. The position of this legal subject is recognized in the perspective of sharia economic law because it is the result of an analogy of human existence as a legal subject as long as it does not contradict sharia principles. In terms of fiqh muamalah the legal entity is usually called syakhsyiyyah i’tibariyah. The implementation in the context of Islamic economic law is in the form of contemporary partnership agreements.

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