The Alchemy of Occupation: Karl Loewenstein and the Legal Reconstruction of Nazi Germany, 1945–1946

2011 ◽  
Vol 29 (1) ◽  
pp. 1-52 ◽  
Author(s):  
R. W. Kostal
Keyword(s):  
Legal System ◽  
Legal History ◽  
Law Reform ◽  
Political Scientist ◽  
Military Government ◽  
Reform Initiatives ◽  
Reform Policy ◽  
Professional Qualification ◽  
American Military ◽  
American Law

In August 1945, Karl Loewenstein began work as senior expert advisor to the Legal Division of American Military Government (AMG) in Berlin. An eminent German-born and educated political scientist and jurisprudent, Loewenstein had come to assist in the “democratization” of his homeland's Nazified law and legal institutions. It was soon obvious, however, that in its crucial first phase the American legal mission in Germany was in disarray. The development and implementation of American law reform policy was being undercut by ill-prepared leadership, poor planning, and the scarcity of learning about German laws, lawyers, and legal history. By Loewenstein's reckoning, many American officers had been “set to work on problems of which they have not the slightest idea and very little professional qualification.” Critical law reform initiatives had been based upon expedient “over-simplifications” of Nazism and its eradication. By January 1946, his initial misgivings having given way to mordant despair, Loewenstein concluded that the American program for the democratization of the German legal system was irrevocably “lost,” a “failure which stinks to high heaven.” This article sets forth the theoretical and observational bases of Loewenstein's assessment and evaluates its cogency.

American Military Government in Korea

1952 ◽  
Vol 28 (1) ◽  
pp. 126-127
Author(s):  
A. L. Sadler
Keyword(s):  
Military Government ◽  
American Military

The "Right to Die": A Case Study in American Lawmaking*

1996 ◽  
Vol 3 (1) ◽  
pp. 49-74
Author(s):  
Alan Meisel
Keyword(s):  
Legal System ◽  
Right To Die ◽  
Judicial Process ◽  
Clinical Issue ◽  
The Press ◽  
American Law ◽  
American Legal System ◽  
The Right ◽  
Made In

AbstractIn the 20 years that have passed since the Karen Quinlan case exposed a simmering clinical issue to the light of day — more precisely, to the press and to judicial process — a consensus has developed in American law about how end-of-life decisionmaking should occur. To be sure, there are dissenting voices from this consensus, but they are often (though not always) about minor issues. By illustrating how this consensus has evolved, this paper explores how law is made in the American legal system and the roles that different legal and extra-legal institutions play in lawmaking.

scholarly journals “University Law Clinics and their value in undertaking client-centred law reform to provide a voice for clients’ experiences”

2014 ◽  
Vol 12 ◽  
pp. 105 ◽  
Author(s):  
Liz Curran
Keyword(s):  
Legal System ◽  
Work Experience ◽  
Policy Development ◽  
Clinical Work ◽  
Law Reform ◽  
Public Confidence ◽  
Court Cases ◽  
Clinical Program ◽  
Case Work ◽  
The Law

<p>This article examines how a clinical program can enlarge on the benefits of case work experience of enabling students by adding a course component which engages the students in identifying systemic issues in their case work which can be used to inform work on law reform issues as part of assessment in the clinical programs. The clinical program discussed in this article, demonstrates that assessment can be broadened to enable students to critique the contexts within which client issues emerge. The added component to student case work requires students to develop and use further skills in research, analysis and the evaluation of issues emerging from case work and suggest considered solutions to improve the operation of the legal system. My experience of such an approach is that it deepens students understanding not just of the law and how it is applied to their case work but also the mechanics of the law, how laws are made and how they are influenced. Student lawyers also see the important role of lawyers as members of a profession in ensuring the legal system retains public confidence. A side effect of this extension of the clinical work beyond only client work, is that students become motivated and are more employable (as they leave the course not only with skills in interviewing, communicating, letter writing, applying the law and preparing court cases) with skills in policy development and submission writing.</p>

scholarly journals Expert Evidence: The Ethical Responsibility of the Legal Profession

1969 ◽  
pp. 853 ◽  
Author(s):  
Tania M. Bubela
Keyword(s):  
Justice System ◽  
Codes Of Conduct ◽  
Legal Profession ◽  
Law Reform ◽  
Ethical Responsibility ◽  
Expert Evidence ◽  
Reform Initiatives ◽  
Professional Codes ◽  
Ethical Obligations

The author examines the ethical obligations of the legal profession in using expert evidence. The author surveys developments in Canadian and U.S. jurisprudence, procedural and substantive issues, and law reform initiatives on the admissibility and use of expert evidence in civil and criminal litigation. She proposes a "tripartite framework" to address the use of expert evidence: by strengthening professional codes of conduct to address ethical obligations in using experts; by emphasizing lawyers' obligations to improve the justice system; and by clarifying the criteria for admitting expert evidence.

scholarly journals Rule of Law and Law Reform in Korea

1995 ◽  
Vol 10 (0) ◽  
pp. 49-79
Author(s):  
Joon-Hyung Hong
Keyword(s):  
Economic Development ◽  
Rule Of Law ◽  
Military Occupation ◽  
Law Reform ◽  
Colonial Rule ◽  
Korean Society ◽  
Social Transformations ◽  
American Military ◽  
Japanese Colonial

As a theater of historical experimentation, Korean society merits special attention. Economic and social transformations that unfolded over two centuries or more in Western societies and over more than a century in Japan have exploded in a far shorter time in Korea. Various features of Korean society are radically heterogeneous in origin: some echo feudal structures of the pre-modem Chosun Dynasty, which lasted through the 1890s. Others stem from institutions of Japanese colonial rule(1905-1945), from the American military occupation of 1945-1948, from the corrupt autocracy of Syngman Rhee(1948-1960) or from the "developmental dictatorships" that ruled Korea by military decree from 1961 until only a few years ago. In the quasi-pluralistic Korean society of today, a commerce-centered network of relations interacts with oligarchical structures deeply rooted in recent as well as remote history. Confronted with unprecedented challenges, internal and external, Korea presently is in a period of transition, groping its way toward democratization while trying to maintain momentum for sustained economic development.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

scholarly journals A Legal History of the New Zealand Jury Service - Introduction, Evolution, and Equality?

1999 ◽  
Vol 29 (2) ◽  
pp. 283
Author(s):  
Michèle Powles
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Legal System ◽  
Legal History ◽  
Race And Gender ◽  
Jury Service ◽  
History Of ◽  
Jury System ◽  
And Gender ◽  
Service Introduction

This article traces the development of the New Zealand jury system. Most noteworthy in thisdevelopment has been the lack of controversy the system has created. At the end of the nineteenth century, however, the pursuit of equality in the legal system generally led to debate and reform of juries in relation to representation, race and gender.

Occupation, Diplomacy, and the Moving Image

2018 ◽  
Author(s):  
Sueyoung Park-Primiano
Keyword(s):  
World War Ii ◽  
South Korea ◽  
Korean War ◽  
Military Government ◽  
American Military ◽  
Cultural Imaginary ◽  
The Korean War ◽  
Educational Films ◽  
Straightforward Interpretation ◽  
The U.S

This chapter, by S. Park-Primiano, examines the use of noncommercial films by the U.S. military to facilitate its diverse roles during its occupation of South Korea in the aftermath of World War II. Used by the American Military Government in Korea, educational films aided the U.S. military's efforts to Americanize the Korean population and combat Communism. Films were also used to inform and rally support for its policy in Korea from American military and civilian personnel at home as well as abroad. For this purpose, the U.S. military sought cooperation from and enlisted the assistance of Korean filmmakers in the production of films about Korean culture and history that challenge any straightforward interpretation of Americanization or a unidirectional influence. Moreover, such conflicting efforts had a long-lasting effect in South Korea. It was a practice that was continued by the succeeding information apparatus of the U.S. State Department and the United Nations during the Korean War and beyond to further expose the need for a closer examination of U.S. control of the Korean cultural imaginary.

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