scholarly journals Colonial Petitions, Colonial Petitioners, and the Imperial Parliament, ca. 1780–1918

2021 ◽  
pp. 1-29
Author(s):  
Richard Huzzey ◽  
Henry Miller
Keyword(s):  
Qualitative Research ◽  
British Empire ◽  
Colonial Rule ◽  
British Isles ◽  
House Of Commons ◽  
Self Image ◽  
Sources Of Authority ◽  
The Law ◽  
Do So

Abstract Petitioning was a common form of protest, request, or expression across the British Empire, and historians of colonial rule and resistance have often drawn on petitions as sources to investigate particular controversies. This article assesses the significance, variety, and context of petitioning to the Imperial Parliament from both the British Isles and the colonies. To do so, we present new data drawn from more than one million petitions sent to the House of Commons in the period from 1780 to 1918, alongside qualitative research into a wider range of petitions to other metropolitan sources of authority. This range permits us to assess how colonial subjects across the empire demanded attention from Westminster and what the practice of petitioning reveals about the British self-image of parliamentary scrutiny and equality before the law.

Legal Expertise: A Critical Resource for Trade Unionists? Insights into the Confédération Française Démocratique du Travail

2020 ◽  
Author(s):  
Cécile Guillaume
Keyword(s):  
Qualitative Research ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Institutional Power ◽  
Collective Redress ◽  
Critical Resource ◽  
The Law ◽  
Legal Expertise

Abstract Based on in-depth qualitative research conducted in one of the major French trade unions (the CFDT), this article explores to what extent and under what conditions trade unions adopt different legal practices to further their members’ interests. In particular, it investigates how ‘legal framing’ has taken an increasingly pervasive place in trade union work, in increasingly decentralised industrial relations contexts, such as France. This article therefore argues that the use of the law has become a multifaceted and embedded repertoire of action for the CFDT in its attempt to consolidate its institutional power through various strategies, including collective redress and the use of legal expertise in collective bargaining and representation work.

Line Drawing in the Dark

2021 ◽  
Vol 22 (1) ◽  
pp. 111-136
Author(s):  
Adam J. Kolber
Keyword(s):  
Line Drawing ◽  
The Law ◽  
Do So

Abstract The law inevitably draws lines. These lines distinguish, for example, whether certain conduct reflects ordinary recklessness constituting manslaughter or more extreme recklessness constituting murder. There is no way to meaningfully draw such lines, however, absent shared ways of representing amounts of recklessness or at least knowledge of the consequences of drawing lines in particular places. Yet legal actors frequently draw lines in the dark, establishing cutoffs along a spectrum with little or none of the information required to do so in a way that suits the law’s goals. For example, jurors must decide whether some conduct constitutes extreme recklessness without knowing prior precedent nor the sentencing consequences of drawing cutoffs in particular places. Judges and lawyers cite line drawing precedents from other jurisdictions without considering whether the lines drawn in prior cases had the same consequences as those in the case at bar. And scholars argue about how to classify conduct without making clear what consequences they believe ought to attach once the classification is made, leaving it hard to tell when scholars have substantive or simply superficial disagreements. In this Article, I discuss some line drawing problems and briefly suggest ways we can add meaning to cutoffs. More generally, I argue, we can “smooth” certain features of the law to both reduce our vulnerability to line drawing in the dark and improve the fit between the law and what our best theories of law recommend. Even when we cannot easily smooth the law, thinking about the law in a smoother fashion can help reduce the jurisprudential pathologies I describe.

Guarding the Public Interest: England's Coroners and Organ Transplants, 1960–1975

2015 ◽  
Vol 54 (4) ◽  
pp. 926-946 ◽  
Author(s):  
Helen MacDonald
Keyword(s):  
Twentieth Century ◽  
Public Interest ◽  
Spare Part ◽  
Organ Transplants ◽  
Legal Requirement ◽  
The Public ◽  
The Law ◽  
Do So

AbstractFrom the mid-twentieth century, England's coroners were crucial to the supply of organs to transplant, as much of this material was gleaned from the bodies of people who had been involved in accidents. In such situations the law required that a coroner's consent first be obtained lest removing the organs destroy evidence about the cause of the person's death. Surgeons challenged the legal requirement that they seek consent before taking organs, arguing that doing so hampered their quick access to bodies. Some coroners willingly cooperated with surgeons while others refused to do so, coming into conflict with particular transplanters whom they considered untrustworthy. This article examines how the phenomenon of “spare part” surgery challenged long-held conceptions of the coroner's role.

scholarly journals Culpability, Kingston and the Law Commission

2010 ◽  
Vol 74 (5) ◽  
pp. 434-471 ◽  
Author(s):  
Cath Crosby
Keyword(s):  
Justice System ◽  
Criminal Liability ◽  
Character Theory ◽  
Criminal Offence ◽  
Pragmatic Approach ◽  
House Of Lords ◽  
The Law ◽  
Court Of Appeal ◽  
Law Commission ◽  
Do So

This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted ‘out of character’ and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.

The Law of International Criminal Procedure and Domestic War Crimes Trials

2006 ◽  
Vol 6 (4) ◽  
pp. 605-635 ◽  
Author(s):  
Göran Sluiter
Keyword(s):  
International Law ◽  
International Criminal ◽  
Criminal Procedure ◽  
War Crimes ◽  
Specific Context ◽  
National Courts ◽  
International Criminal Tribunals ◽  
War Crimes Trials ◽  
The Law ◽  
Do So

AbstractThis article deals with the question of possible effect of the law of international criminal procedure for domestic war crimes trials. With the increasing number of national prosecutions for war crimes this question will gain in relevance.The article starts with an exploration of the origin and development of the law of international criminal procedure, to reach the conclusion that because of the lack of a strong foundation it is difficult to discern firmly established rules in this field. Next, two areas are examined where the law of international criminal procedure is capable of producing effect for national trials: human rights and rules that have developed in the specific context of war crimes prosecutions.Whether rules of international criminal procedure are formally effective in the domestic legal order remains to be seen. There is no clear obligation under international law to do so. Furthermore, the law of international criminal procedure may be difficult to harmonise with domestic inquisitorial systems.In spite of these difficulties, the article concludes that national courts will increasingly face similar procedural problems in complex war crimes trials as international criminal tribunals and will be happy to learn from their experiences.

scholarly journals Civil Disobedience in Times of Pandemic: Clarifying Rights and Duties

2021 ◽  
Author(s):  
Yoann Della Croce ◽  
Ophelia Nicole-Berva
Keyword(s):  
Working Conditions ◽  
Healthcare Professionals ◽  
Medical Profession ◽  
Civil Disobedience ◽  
Duty Of Care ◽  
Normative Evaluation ◽  
The Law ◽  
Descriptive Sense ◽  
Public Demonstration ◽  
Do So

AbstractThis paper seeks to investigate and assess a particular form of relationship between the State and its citizens in the context of the COVID-19 pandemic, namely that of obedience to the law and its related right of protest through civil disobedience. We do so by conducting an analysis and normative evaluation of two cases of disobedience to the law: (1) healthcare professionals refusing to attend work as a protest against unsafe working conditions, and (2) citizens who use public demonstration and deliberately ignore measures of social distancing as a way of protesting against lockdown. While different in many aspects, both are substantially similar with respect to one element: their respective protesters both rely on unlawful actions in order to bring change to a policy they consider unjust. We question the extent to which healthcare professionals may participate in civil disobedience with respect to the duty of care intrinsic to the medical profession, and the extent to which opponents of lockdown and confinement measures may reasonably engage in protests without endangering the lives and basic rights of non-dissenting citizens. Drawing on a contractualist normative framework, our analysis leads us to conclude that while both cases qualify as civil disobedience in the descriptive sense, only the case of healthcare professionals qualifies as morally justified civil disobedience.

Seni Dalam Persfektif Hadist (Kajian Ma`ani Persfektif Muhammadiyah)

Bayani ◽  
2021 ◽  
Vol 1 (2) ◽  
pp. 129-142
Author(s):  
Ahmad Rifai
Keyword(s):  
Qualitative Research ◽  
Social Media ◽  
Research Method ◽  
Art And Design ◽  
Art Program ◽  
Design Program ◽  
The Law ◽  
The University

The law of art in Islam is hotly told on social media, Calls for the illegality of art echo on social media. Muhammadiyah began to pursue art by opening an art and design program at the muhammadiyah university, including at the University of Muhammadiyah Bandung. This is interesting to study, to find out the purpose of Muhammadiyah in opening an art program when the call for illegal art to go viral on social media. The purpose of this study is to find out the principles and laws of art in Muhammadiyah. This research method uses qualitative research by examining hadith about art. The hadith approach used is the science of riwayah hadith and the science of ma'ani hadith. In conclusion, there is a hadith that forbids images and statues, there is a hadith that allows making dolls for toys, draw clothes, and draw lifeless creatures. The law of art in Muhammadiyah is allowed if it is closer to monotheism and benefit. the law of art is forbidden if it leads to polytheism.

Constitutional Rights and Social Welfare: Exploring Claims-Making Practices in Post-Apartheid South Africa

2020 ◽  
Vol 53 (1) ◽  
pp. 25-48
Author(s):  
Whitney K. Taylor
Keyword(s):  
South Africa ◽  
Social Welfare ◽  
Neighborhood Context ◽  
The State ◽  
Constitutional Rights ◽  
The Law ◽  
Material Conditions ◽  
Do So ◽  
The Way

When do individuals choose to advance legal claims to social welfare goods? To explore this question, I turn to the case of South Africa, where, despite the adoption of a "transformative" constitution in 1996, access to social welfare goods remains sorely lacking. Drawing on an original 551-person survey, I examine patterns of legal claims-making, focusing on beliefs individuals hold about the law, rights, and the state, and how those beliefs relate to decisions about whether and how to make claims. I find striking differences between the factors that influence when people say they should file a legal claim and when they actually do so. The way that individuals interpret their own material conditions and neighborhood context are important, yet under-acknowledged, factors for explaining claims-making.

Mechanical Restraint

1896 ◽  
Vol 42 (176) ◽  
pp. 131-131
Keyword(s):  
The State ◽  
Mechanical Restraint ◽  
The Law ◽  
Do So

The evils of wrong-doing are great and far-reaching, and not the least of these evils are the effects of the regulations which wrong-doing calls forth, and which are intended to prevent similar wrong-doing in future. In any case it is difficult to forecast the effect of legislation. It is never certain that legislation will prevent the evil that it is designed to prevent; but we may be confident that, whether it do so or not, it will produce other evils which were neither intended nor anticipated by its authors. The law which forbad the combination of workmen, for example, did not prevent their combination, and was indirectly responsible for many trade outrages. The law which forbids the sale of intoxicating liquors in the state of Maine similarly does not prevent their sale, but indirectly produces much lying and dishonesty.

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