Codification and the Rule of Colonial Difference: Criminal Procedure in British India

2005 ◽  
Vol 23 (3) ◽  
pp. 631-683 ◽  
Author(s):  
Elizabeth Kolsky

On July 10, 1833, an aspiring young English lawyer named Thomas Babington Macaulay stood before the Parliament and presented an impassioned argument about the future role of British governance in India. Whereas in Europe, as Macaulay saw it, “The people are everywhere perfectly competent to hold some share, not in every country an equal share, but some share of political power,” in India, Macaulay asserted, “you cannot have representative institutions.” Thus the role of the British colonizers was “to give good government to a people to whom we cannot give a free government.” At the core of Macaulay's good but not free government stood what he saw as one of England's greatest gifts to the people of India: a rule of law.

2009 ◽  
Vol 68 (1) ◽  
pp. 55-100 ◽  
Author(s):  
Jonathan K. Ocko ◽  
David Gilmartin

This paper uses the concept of the “rule of law” to compare Qing China and British India. Rather than using the rule of law instrumentally, the paper embeds it in the histories of state power and sovereignty in China and India. Three themes, all framed by the rule of law and the rule of man as oppositional yet paradoxically intertwined notions, organize the paper's comparisons: the role of a discourse of law in simultaneously legitimizing and constraining the political authority of the state; the role of law and legal procedures in shaping and defining society; and the role of law in defining an economic and social order based on contract, property, and rights. A fourth section considers the implications of these findings for the historical trajectories of China and India in the twentieth century. Taking law as an instrument of power and an imagined realm that nonetheless also transcended power and operated outside its ambit, the paper seeks to broaden the history of the “rule of law” beyond Euro-America.


Author(s):  
Yuriy Kyrychenko ◽  
Hanna Davlyetova

The article examines the role of political parties in modern state-building processes in Ukraine. The place of political parties in the political and legal system of society is determined. The general directions of overcoming problematic situations of activity of political parties in Ukraine are offered. It is noted that political parties play an important role in the organization and exercise of political power, act as a kind of mediator between civil society and public authorities, influence the formation of public opinion and the position of citizens directly involved in elections to public authorities and local governments. It is determined that in a modern democratic society, political parties carry out their activities in the following areas: the work of representatives of political parties in public authorities and local governments; participation in elections of state authorities and local self-government bodies; promoting the formation and expression of political will of citizens, which involves promoting the formation and development of their political legal consciousness. These areas of political parties determine their role and importance in a modern democratic society, which determines the practical need to improve their activities and improve the national legislation of Ukraine in the field of political parties. Political parties are one of the basic institutions of modern society, they actively influence the ac-tivities of public authorities, economic and social processes taking place in the state and so on. It is through political parties that the people participate in the management of public affairs. Expressing the interest of different social communities, they become a link between the state and civil society. The people have the opportunity to delegate their powers to political parties, which achieves the ability of the people to control political power in several ways, which at the same time through competition of state political institutions and political parties contributes to increasing their responsibility to the people. It is noted that the political science literature has more than 200 definitions of political parties. And approaches to the definition of this term significantly depend on the general context in which this issue was studied by the researcher. It was emphasized that today in Ukraine there are important issues related to the activities of political parties. First of all, it is a significant number of registered political parties that are incapable, ie their political activity is conducted formally or not at all. According to official data from the Department of State Registration and Notary of the Ministry of Justice of Ukraine, 352 political parties are registered, of which 48 political parties do not actually function. The reason for the liquidation of such parties is not to nominate their candidates for the election of the President of Ukraine and People's Deputies of Ukraine for 10 years. According to this indicator, Ukraine ranks first among other European countries. Thus, 73 political parties are officially registered in Latvia, 38 in Lithuania, 45 in Moldova, 124 in Romania, and 56 in Slovakia. However, despite the large number of officially registered political parties in Ukraine, public confidence in their activities is low. It is concluded that political parties occupy a special place in the political and legal system of society and play an important role in the organization and exercise of political power, as well as a kind of mediator between civil society and public authorities. The general directions of overcoming problematic situations of activity of political parties in Ukraine are offered, namely: introduction of effective and impartial control over activity of political parties; creating conditions for reducing the number of political parties, encouraging their unification; establishment of effective and efficient sanctions for violation of the requirements of the current legislation of Ukraine by political parties.


2021 ◽  
pp. 91-120
Author(s):  
Jonathan Reades ◽  
Martin Crookston

We focus on the people and asks what role does personal choice and interaction play? The key issue here is the role of face-to-face interaction in the transfer of complex, uncertain knowledge. It analyses the different sorts of knowledge and relationships involved in day-to-day exchanges. This leads on to the milieux for such exchange, from meetings to bar-chat to the digital world; and to the need (or not) for frequent access to each other, and thus to the communication networks: digital in all cases, physical to varying degrees in others. This need varies according to the differential importance of knowledge, confidence and judgement across sectors and firms. All of it is more or less amenable to replacement by ICT; the questions explored are: what is the core of irreplaceable contact, to whom does it still matter and, consequently, what are the locational effects for cities and their hinterlands?


2015 ◽  
pp. 129-137
Author(s):  
Stavros Amanatidis ◽  
Olga Eirini Palla

This chapter presents and analyzes the use of Information and Communications Technology (ICT) in public participation and more specificly in e-referenda as an aspect of direct democratic participation. It aims to explain the correlation between ICT and e-referenda. Referendum, used as an instrument to accept or deny a proposed political decision, has a strong function of controlling political power and securing the openness of political power structures. It serves as an instrument of division of powers and opens roads to opposition outside parliament. In general, it provides the people with veto positions (Schiller, 2003, p. 12). By presenting the evolvement of the ICT and the technological developments that resulted an impact on the way democracy is being exercised in the modern societies, there is an attempt to provide ideas and solutions on the use of e-referenda in modern democracies. The dangers, the advantages, and the disadvantages of the use of ICT in democracy are presented and analysed as well. All these issues are being discussed, as this chapter tries to give a clear and objective perspective regarding the role of e-democracy and the problems that come along with its implementation.


2018 ◽  
Vol 1 (2) ◽  
pp. 52-60
Author(s):  
Tri Budi Haryoko

This writing aims to discuss the implementation of the duties and functions of  management of confiscated objects and booty of the state in the Class I Semarang  Sitemap Storage House. One of the core business of the implementation of the  RUPBASAN duties and functions is the function of saving the confiscated objects of the  state that have been mandated in. This paper will see if there is a gap gap when the  function of rescuing confiscated objects mandated by Law No. 8 of 1981 concerning the  Book of Law on Criminal Procedure (KUHAP) and Government Regulation Number 27 of  1983 concerning the Implementation of the Criminal Procedure Code can work well with  support and commitment. related law enforcement officials. It was also explained that  the storage of confiscated objects and booty of the State in the RUPBASAN aims to  guarantee the protection of the safety and security of confiscated objects for the  purposes of evidence at the level of investigation, prosecution, and examination in court  as well as objects which are otherwise confiscated for the state based on court decisions  which has permanent legal force.This paper uses a qualitative approach. The results of  the discussion indicate that the implementation of confiscated objects in RUPBASAN is in  accordance with the KUHAP mandate. But in its implementation these tasks and  functions have not been optimally supported both from internal institutions and related  law enforcement institutions. 


2015 ◽  
Vol 3 (2) ◽  
pp. 72
Author(s):  
Muraree Lal Meena

It is well known that Sariska Tiger Reserve is a home to the India’s national animal - the Bengal Tiger (Panthera tigris tigris). The crux of this research is to examine the role of local peoples in the conservation of Sariska Tiger project, which was declared a wildlife reserve way back in 1955 and then further raised to a status of a Tiger Reserve in 1978, and a National Park in 1982. According to the Government officials, the people around the reserve are not only responsible for degrading the reserve, it has also emerged as a safe haven for the poachers involved in illegal hunting of the tigers. One of the reasons identified to be the cause of tiger extinction is the human habitation in the core and in the peripheral areas surrounding the tiger reserves. Despite efforts being made to protect, the Sariska Tiger Reserve, located in Alwar (Rajasthan) is seriously facing the problem of tiger extinction. It is estimated that there are around 12 thousand people residing inside the tiger reserve, with 11 villages in the Core Zone-1 area and about 170 villages situated along the peripheries of the reserve. Among the prime measures undertaken are diversions of traffic, relocation of the villages located inside the forest. The Tiger Task Force (2005) has recommended relocation of three key villages surrounding the central area of the Sariska Tiger Reserve. However, this relocation of villages is quite contrary to the life style of the people residing within these villages. Their social and cultural attributes, needs and aspirations have not been given due consideration and the villagers are strongly resenting this move by the government. These displaced villagers have been living in perfect harmony with their environment from time immemorial and it is hard to understand how these villagers can be held responsible for degrading their natural environment, which is their lifeline. The government has failed to take into consideration the role of the neighbouring urban centres that are more responsible for the degradation of the habitat as compared to these simple villagers. In the light of these arguments, this research is an attempt to study and highlight the issues and problems related to the displacement of villages in the core area of the reserve and suggest suitable measures.


2020 ◽  
Vol 1 (1) ◽  
pp. 13-18
Author(s):  
Xiao Li ◽  

The main contents of the ethical norms of public administration are the supremacy of public welfare, harmful inaction, and careful use of power, social responsibility, equal competition and enhancement of trust. Contradiction is a philosophical category reflecting the unity of opposites within and between things, and is the core content of materialist dialectics. The main social contradiction is the one that occupies the core position and dominates the society. Administration itself is not the ultimate goal, it is a series of communication channels to convey people's needs and wishes, and to ensure that these needs and wishes can be reflected and considered through state control. Similarly, these channels also play the role of the government in conveying policies and implementing tasks to the people. Therefore, if these channels are to make positive and significant contributions to people-centered development, the role of administration must adapt to the social-cultural environment and tradition.


Author(s):  
Muhammad Rizwan Khan ◽  
Dr. Hassan Imam

Civilization may be defined as set of features including Cultural, Literary and Social Advancement in a society or in similar communities. So it is regarded as sublime stage of human evolution. As Islam is a complete religion which gives directions to human being in all aspects of the life, so it claims to be the founder of civilization. The period of the advent of Islam was the period which formulated man inside the Arabian Peninsula, established the blocks of a new civilization that brought people out of the darkness to light, and placed the bases for enter man in Islamic society. However, Islam claims that lay out of Civilization was already established before the birth of Holy Prophet (S.A) and all the prophets after Hazrat Adam (A.S) were continuously preaching the salient factors of this civilization, however it was completed and declared in written form (Al-Quran) during the period of Holy Prophet Mohammed (S.A.W).  Reveletion was the core of formulating the creeds and Ideas of an individual, purifying him, creating Links and establishing the building upon which the entire nation is based. Allah said the truth when He said: "Indeed, there has come to you from Allah a light (Prophet Mohammed peace be upon him) and a plain book (Sora Al-Maida: 15:1) This Qur'an. Wherewith Allah guides all those who seek His good pleasure to ways of peace, and He brings them out of darkness by His will unto light and guides them to to a straight way (Islamic Monothesim). Monothesim (Tawheed), Self, Purification, Dignity of Human being, Equality, Social Justice, Moral Values, Tolerance, Rule of Law and Freedom of Expression are some basic characteristics of Islamic Civilization.


Author(s):  
Iskandar Yuldashov ◽  

In this article, the religion of Zoroastrianism was formed in a certain period of time on the basis of certain procedures. The emergence of religion, its formation on the basis of a special system, will be necessary to gain the trust of the people in society and to strengthen the ideological and political power. According to Democritus and Epicurus, there will be no gods and goddesses in society. Man irrigates his mind with spiritual help only in order to overcome the obstacles that appear in front of him. Faith is central to religion. Without faith, there is no question of religion or its form.


rahatulquloob ◽  
2021 ◽  
pp. 88-95
Author(s):  
Sohail Akhtar ◽  
Prof Dr Muhammad Shafique

Islam is a universal religion and it educated his followers that they all are equal as human being because no one is superior on the basis of color, creed, caste or blood. They all are the son of Adam and that’s why the standard of superiority is only based on piety. Before the dispensation of Islam the Arabs were divided in different tribes and the used their genealogical position and felt pride on it. Every tribe was famous due to tribal nobility and tribal strength considered as their political power. All the tribes used sword to solve the political disputes and wanted to set their tribal supremacy. The battle of Bassos and Fujar are famous for tribal supremacy. But Islam changed this concept and turned them into civilized nation. Islam declared that tribe is not factor of supremacy or superiority rather than identity of the people. This paper highlights the role of tribes as a factor of identity under the light of Islam and modern world especially when there is a concept of authoritarian democracy.


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