scholarly journals The Measure of Her Actions: A Quantitative Assessment of Anglo-Jewish Women's Litigation at the Exchequer of the Jews, 1219–81

2021 ◽  
Vol 39 (1) ◽  
pp. 135-172
Author(s):  
Emma Cavell
Keyword(s):  
Quantitative Assessment ◽  
Quantitative Approach ◽  
Medieval England ◽  
Jewish Women ◽  
Christian Women ◽  
Holistic View ◽  
Sexual Equality ◽  
The Law ◽  
Law And Justice ◽  
Judicial Systems

Taking a chiefly quantitative approach to Jewish women's litigation at the Exchequer of the Jews between in the period 1219–81, this article represents the first exploration of Jewish women before the law in medieval England. It contends that, far from enjoying a level of ‘legal sexual equality’ not available to Christian women, Anglo-Jewish women at the Exchequer of the Jews in fact shared many of their experiences of (secular) law and justice with their Christian counterparts. This contention is possible in part because of the greater interest, over the last decade, in pre-modern European women's litigation and the realisation that Christian women of all classes were able to navigate their way around judicial systems in ways that confounded any theoretical legal disadvantages they may have faced. The article variously examines the number of Jewish women litigating at the Exchequer of the Jews, their roles in court and representation in the records, and the types of litigation in which they took part. It demonstrates that if we are ever to seek a holistic view of the operation of legal jurisdictions in medieval England, our knowledge must include the experiences of Anglo-Jewish women.

The Day of Remembrance of the “Cursed Soldiers”: commemorative practices in contemporary Poland

2019 ◽  
pp. 269-288
Author(s):  
Anna Lagno
Keyword(s):  
Political Struggle ◽  
Parliamentary Elections ◽  
Additional State ◽  
The Law ◽  
Law And Justice ◽  
Rewriting History ◽  
Key Questions

Since 1 March 2011 Poland has marked the National Day of Remembrance of the „Cursed Soldiers” (Narodowy Dzień Pamięci “Żołnierzy Wyklętych”) — members of the anti-Communist underground in the 1940s and 1950s who tried to prevent Poland’s sovietisation and subordination to the USSR. The idea of establishing such a state memorial day was expressed in 2010 by Lech Kaczyński, the then President of Poland and one of the leaders of the Law and Justice Party (L&J). During the debates on the Bill of the National Day of Remembrance in the Sejm, the deputies of the two main opposing parties voted in favour almost unanimously and the Senate approved it without making any changes. After President Bronisław Komorowski signed it on 1 March 2011, Poland acquired an additional state holiday. In 2015, after the Law and Justice Party won both the presidential and parliamentary elections, the issue of the „cursed soldiers” turned into one of the key questions in historical policy. The „Civic Platform” party, forced to move over to the opposition benches in parliament, sounded the alarm, accusing the L&J party of rewriting history and primitivising the image of the anti-Communist underground. Thus, the memory of the “cursed soldiers” transformed from an issue that united political opponents to a topic for arguments and political struggle. The article attempts to show how the L&J party used the preservation of the memory of the “cursed soldiers” for its own political purposes, including its fight against the opposition.

Tamils and the Haunting of Justice

2014 ◽  
Author(s):  
Andrew C. Willford
Keyword(s):  
Migrant Workers ◽  
Race And Ethnicity ◽  
Kuala Lumpur ◽  
Labor Costs ◽  
Way Of Life ◽  
Land Use Patterns ◽  
Use Patterns ◽  
Critical Issues ◽  
The Law ◽  
Law And Justice

In 2006, dejected members of the Bukit Jalil Estate community faced eviction from their homes in Kuala Lumpur where they had lived for generations. City officials classified plantation residents as squatters and questioned any right they might have to stay. This story epitomizes the dilemma faced by Malaysian Tamils in recent years as they confront the collapse of the plantation system where they have lived and worked for generations. Foreign workers have been brought in to replace Tamil workers to cut labor costs. As the new migrant workers do not bring their whole families with them, the community structures need no longer be sustained, allowing more land to be converted to mechanized palm oil production or lucrative housing developments. Tamils find themselves increasingly resentful of the fact that lands that were developed and populated by their ancestors are now claimed by Malays as their own; and that the land use patterns in these new townships, are increasingly hostile to the most symbolic vestiges of the Tamil and Hindu presence, the temples. This book is about the fast-approaching end to a way of life, and addresses critical issues in the study of race and ethnicity. It demonstrates which strategies have been most “successful” in navigating the legal and political system of ethnic entitlement and compensation. It shows how, through a variety of strategies, Tamils try to access justice beyond the law-sometimes by using the law, and sometimes by turning to religious symbols and rituals in the murky space between law and justice.

Opposition weakness will help Polish ruling coalition

2021 ◽  
Keyword(s):  
The State ◽  
Independent State ◽  
Content Type ◽  
State Institutions ◽  
Party Control ◽  
State Of The Economy ◽  
The Media ◽  
The Law ◽  
Law And Justice

Significance At the beginning of 2021, the ZP coalition of the Law and Justice (PiS), Accord and United Poland (SP) parties is stable, but not as strong as it has been in previous years. This weakening in the PiS-led government’s condition is due to many factors, among which the coronavirus pandemic is one of the most important. Impacts The process will continue of subordinating any independent state institutions still left to party control. PiS will take further, similar steps regarding the media, academia and NGOs. After months of pandemic lockdown, the state of the economy is stable if not ideal, and will not lead to early elections.

scholarly journals THE ROLE OF MARTIAL COURT IN THE PERSPECTIVE OF LAW ENFORCEMENT IN INDONESIA

2021 ◽  
Vol 6 (22) ◽  
pp. 66-73
Author(s):  
Mahfutt Mahfutt ◽  
Khairil Anwar ◽  
Billi Belladona Matindas
Keyword(s):  
Secondary Data ◽  
Armed Forces ◽  
Primary Data ◽  
Court System ◽  
Criminal Offenses ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
The Military

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.

scholarly journals PENEMUAN HUKUM OLEH HAKIM DALAM PRAKTEK HUKUM ACARA DI PERADILAN AGAMA

2013 ◽  
Vol 2 (2) ◽  
pp. 189
Author(s):  
Abdul Manan
Keyword(s):  
Analytical Techniques ◽  
Judicial Power ◽  
Legal Argument ◽  
Court Judge ◽  
Legal Provisions ◽  
The Law ◽  
Law And Justice ◽  
Article 5 ◽  
Religious Courts

The court essentially banned refused to examine, decide a case filed with no legal argument or less clear, but obliged to examine and judge ". Provisions of this chapter gives the sense that as major organs Court judge and as executor of judicial power is obligatory for the Judge to find the law in a case despite legal provisions do not exist or are less clear. Law No. 48 of 2009 Article 5 (1) explains that "Judges shall multiply, follow and understand the values of law and justice that lives within the community. the judges in the religious court in making decisions on matters that should be examined and judged using the technique of taking decisions which include Analytical Techniques, Technical equatable, and techniques syllogism. Keywords: Rechtsvinding, Justice, Law Events, Religious Courts.

scholarly journals Zbiorowe diagnozowanie polskiej rzeczywistości. O wywiadach Michała Sutowskiego

2017 ◽  
Vol 61 (4) ◽  
pp. 215-221
Author(s):  
Irena Pańków
Keyword(s):  
The State ◽  
Social Conditions ◽  
Decision Makers ◽  
Scholarly Research ◽  
Valuable Source ◽  
Public Debates ◽  
The Law ◽  
Law And Justice ◽  
State Of Affairs

This essay is a review based on material from nineteen published interviews that focused on a diagnosis of Polish conditions after a year of the Law and Justice [Prawo i Sprawiedliwość] party’s rule. The interviews were conducted with experts—academics and journalists—by Michał Sutowski, who published these interviews as a collection.  The author demonstrates that such a collective diagnosis has major advantages in Poland’s current, rapidly changing, social conditions. Such a method is quicker than the scholarly approach to describing and explaining the state of affairs. The collection of interviews could also be a valuable source of inspiration for public debates and scholarly research in many areas, and could contain guidelines for decision-makers.

Իրավունքի և օրենքի կոլիզիաները իրավունքի փիլիսոփայությունում

2021 ◽  
pp. 64-85
Author(s):  
Artur Ghambaryan
Keyword(s):  
Law Enforcement ◽  
Natural Law ◽  
Point Of View ◽  
The Other ◽  
Scientific Methods ◽  
Legislative Policy ◽  
The Law ◽  
Law And Justice ◽  
The One ◽  
Legal Understanding

The aim of the article is to reveal the collisional relationship between justice and the law in the philosophical dimension. The main objectives of the article are to analyze the contradictions between law from the point of view of broad legal understanding, as well as the answer to the question of how law enforcement agent should act if, in solving a specific case, an outrageous contradiction between law and justice is encountered. The author used a number of scientific methods, in particular, historical-legal-comparative methods. The author concludes that supporters of a broad legal understanding consider the issue of contradiction between law mainly from the point of view of legislative policy, however, they do not discuss the issue of how the law enforcement agent should act when an obvious contradiction between law is encountered in a particular case. In the article the sayings «dura lex sed lex» (The law [is] harsh, but [it is] the law) and «lex iniusta non est lex» (An unjust law is no law at all) are considered in the dimensions of the legalism and natural law. The author concludes that the Radbruch formula is an exception to the saying «dura lex sed lex» (The law [is] harsh, but [it is] the law), which has undergone practical approbation. On the one hand, this resolution values the certainty and stability of the law, and on the other hand, it protects the person (society) from the unjustly shouting unjust laws.

Justice, If Such a Thing Exists

2020 ◽  
pp. 125-155
Author(s):  
Jacques Derrida
Keyword(s):  
Jacques Derrida ◽  
Legal Process ◽  
The Law ◽  
In Virtue Of ◽  
Judicial Systems

This chapter addresses the question of “deconstruction and the possibility of justice.” According to Jacques Derrida, not only does deconstruction have some sort of relation to the possibility of justice, some right to speak of justice, he asserts that deconstruction is justice. Deconstruction is a discourse on, indeed a discourse of justice. That startling claim turns to the distinction Derrida makes between justice and the law. By the “law” Derrida means the positive structures that make up judicial systems of one sort or another, that in virtue of which actions are said to be legal, legitimate, or properly authorized. The law, he says, is deconstructible and this is because the law is constructed in the first place. Deconstructibility is the condition of legal process, a self-revising and self-correcting ensemble of norms that distils the knowledge of the generations.

The Romance

2021 ◽  
pp. 63-92
Author(s):  
Nerina Rustomji
Keyword(s):  
Nineteenth Century ◽  
Jane Eyre ◽  
Jewish Women ◽  
Christian Women ◽  
Nineteenth Century Literature ◽  
Oriental Tale ◽  
Male Authority ◽  
Century Literature

This chapter demonstrates how nineteenth-century literature transcended religious frameworks and questioned the nature of male authority and feminine purity. Although the houri may have been based on assumptions about Islam, the term “houri” eventually was applied to Jewish and Christian women. The chapter surveys mentions of the houri in the form of the “Oriental tale” and argues that writers made use of the figure of the houri to present their own ideas of idealized Christian and Jewish women. Texts in the chapter include poems by Byron, Ivanhoe, Jane Eyre, Algerine Captive, Book of Khalid, engravings, and American monthly magazines for ladies.

Sign in / Sign up

Export Citation Format

Share Document