The Indian Judicial System: Transition from Print to Digital

2013 ◽  
Vol 13 (3) ◽  
pp. 203-208 ◽  
Author(s):  
Raj Kumar Bhardwaj
Keyword(s):  
Legal System ◽  
Historical Development ◽  
Judicial System ◽  
Legal Information ◽  
The Third ◽  
System Transition ◽  
Electronic Administration

AbstractIn this, the third of a trilogy of articles for LIM written by Raj Kumar Bhardwaj, the author addresses the move from print to digital legal information within the Indian judicial system. He describes briefly the historical development of the legal system and the enormous backlog of cases that are pending throughout the court structure, before turning attention to the role of ICT in the legal system and the moves under way to create a more efficient electronic administration for the judiciary in India.

scholarly journals Minor offences as a constitutional category

2006 ◽  
Vol 78 (9) ◽  
pp. 139-149
Author(s):  
Alenka Šelih
Keyword(s):  
Legal System ◽  
Point Of View ◽  
Judicial System ◽  
Main Issue ◽  
Administrative System ◽  
European Legislation ◽  
Administrative Justice

Slovenian Constitution, like many constitutions of other countries does not define minor offence as a punishable act or breach of constitutional provisions. Administrative system and system of administrative justice can never guarantee such impartiality as judicial system. Repressive role of the administrative authorities is differently regulated in the contemporary European legislation. From the constitutional point of view, the main issue related to the minor offences is whether it is legally justifiable that administrative authorities have repressive function. The new Slovenian legal system insists on broad competences of the specialized administrative bodies provided that protection before the court is guaranteed.

Legal information acquisition by the public : an exploratory study

2016 ◽  
Author(s):  
◽  
Sheila O'Hare
Keyword(s):  
Health Information ◽  
Legal System ◽  
Information Acquisition ◽  
Exploratory Study ◽  
Information Sources ◽  
Previous Experience ◽  
Phase 2 ◽  
Legal Information ◽  
The Public

[ACCESS RESTRICTED TO THE UNIVERSITY OF MISSOURI AT AUTHOR'S REQUEST.] This exploratory study applied models of human information behavior and health information acquisition to the acquisition of legal information by the public. A mixed methods approach, consisting of two sequential phases, was utilized. First, an online survey consisting of 45 multiple-choice questions was administered to a Qualtrics panel of 385 individuals without formal legal training who were at least 18 years of age. In the second phase, eleven individuals who met the same screening criteria were interviewed in order to provide additional elaboration upon and clarification of the survey data. In phase 1, frequency of legal information searching and incidental discovery of legal information (information encountering, or IE) was assessed for relationships with personal, affective, contextual, and environmental factors. Findings indicate that individuals who search and encounter legal information more frequently share certain demographic and affective characteristics with their counterparts in the acquisition of health information. Age, income, and previous experience with the legal system were associated with greater legal search frequency. Age, race, and previous experience with the legal system were associated with greater frequency of legal IE. Self-efficacy and vigilance were both associated with frequency of search and IE, though perception of the legal system was not. Subjects searched and encountered more frequently because of curiosity than other situational factors. The role of risk in search and encounter frequency could not be determined. Both exposure to multiple information sources and to multiple mass media sources were associated with greater frequency of legal search and IE. In phase 2, subjects were asked about their searches and IE experiences with legal information, and the role of legal information in their everyday lives, especially as compared to health information acquisition. Findings indicate that members of the public define legal information quite narrowly as tied to lawyers and courts, rather than rights and duties (even provided with a more inclusive definition), and often fail to relate routine encounters with the law to their larger understanding of the legal system. Survey findings were corroborated in terms of source choices, the roles of previous experience, self-efficacy, and avoidance-vigilance. The increased availability of legal information sources through the internet has made it easier for people to find codes and regulations, but has not made it easier to find the information necessary to assess more complex legal issues. Other emergent themes identified in phase 2 included the detrimental effect of attorney advertising and the perception of legal information as disruptive, in contrast to the embeddedness of health information in everyday life.

scholarly journals The Role of Shariah in the Judicial System of Afghanistan

ICR Journal ◽  
2020 ◽  
Vol 11 (1) ◽  
pp. 39-59
Author(s):  
Lutforahman Saeed
Keyword(s):  
Final Section ◽  
Short Description ◽  
Judicial System ◽  
Policy Recommendations ◽  
Law System ◽  
The Third

This article is composed of three main sections. It begins with a short description of the meaning of shariah and fiqh in the context of Afghanistan, and a review of the historical path of shariah since the arrival of Islam until the era of constitutionalism in Afghanistan. The second section then focuses on the role of shariah in the judiciary after the first constitution was adopted in 1923 until the current constitution. This section reviews the role of shariah within a centralised judiciary and codified law system. The third and final section proceeds to explain the position of shariah in the current judicial system since the 2004 Constitution. It describes how the 2004 Constitution opened a space for the implementation of shariah. It also sheds light on the qualification and appointment of judges before providing a conclusion and policy recommendations.

scholarly journals Myth Actualization as a Way to Build the Self-Reflective Plot of the Film “Ilyich’s Gate”

2019 ◽  
Vol 16 (6) ◽  
pp. 595-605
Author(s):  
Aleksey O. Bezzubikov
Keyword(s):  
Historical Development ◽  
The Self ◽  
Time And Space ◽  
Self Reflection ◽  
The Third ◽  
Cultural Codes ◽  
Fourth Part ◽  
The World ◽  
The Moment

The article provides the analysis of mytho­logical dimension of the film “Ilych’s Gate” (Zastava Ilycha) by M.M. Khutsiev. The author concludes that the text of this film represents self-reflexive structure. Firstly, the plot of the film quite clearly depicts the mythological perception of reality. Secondly, the course of narration reproduces the influence of mytho­logical codes on the perception of the audience. The text of the film contains a description of its own mechanism of influence on the viewer as well as the processes taking place in the minds of the audience at the moment of viewing.The first part informs of the main principles of mytho­logical thinking and the idea of time and space in the myth, referring to the works by C. Lévi-Strauss, R. Barthes, M. Eliade, A. Losev, E. Cassirer and others. Special attention is paid to the role of myth and initiation ritual in the psychological formation of a personality, as, based on the following, this is the theme that forms the basis of the film plot.The second part deals with the methods by which the mythological dimension is manifested in the text of the film.In the third part, the researcher shows how the contrast of secular and sacral becomes the main semantic opposition promoting the motion of the plot.In the fourth part, the author proves that the reflection of reality in the characters’ minds is a referent of the images shown on the screen. The characters’ development lies in the actualization of the sacral and mythological perception of the world. In turn, the cultural codes contained in the text of the film are designed to evoke a kind of response in the minds of the audience — to actualize the same sacred modus of perception in its ideas, the achievement of which is the ultimate goal of the characters. Thus, the inner path of the characters in the film reflects the processes that excite the studied film in the perception of the audience.The relevance of the article lies in the discovery and description of the principle of self-reflection in the structure of the film “Ilych’s Gate”, which allows us to understand at a qualitatively new level its structure and place in the historical development of Russian cinematography.

scholarly journals Historical Development of Settlements near Fallujah in the Light of Archaeological Evidence and Cuneiform Writing Sources

2020 ◽  
Author(s):  
Zeyad Owaid Swaidan Al-Mohammadi
Keyword(s):  
Economic Impact ◽  
Historical Development ◽  
Archaeological Evidence ◽  
The Third ◽  
Irrigation Technology ◽  
Irrigation Channels ◽  
Urban Settlements ◽  
Third Millennium Bce ◽  
History Of

This study focuses on the historical development of urban settlements in the third millennium BCE, using archaeological evidence and sources of the Cuneiform Torah, and considers the importance of these centers to modern-day Fallujah. The history of Fallujah cannot be separated from the history of Mesopotamia. The area in which Fallujah is situated has seen a number of important settlements at different points in history, since man first came to the region, owing to its prime position at the juncture of internal and external transport routes in Mesopotamia and its involvement in the distribution of water through irrigation channels. The role of these early settlements was been inherited by later cities, many of which have had a substantial political and economic impact on the history of Mesopotamia. This study was based on two hypotheses. The first concerns the emergence of the location of the settlements along transport routes, and these conditions concerns their establishment on the basis of irrigation canals and irrigation technology. Keywords: Archaeological, Fallujah, Joha, Cuneiform, Settlements

Rzymski racjonalizm. Teoria piśmienności przeciwko teorii sekularyzacji

2017 ◽  
Vol 61 (0) ◽  
pp. 125-0
Author(s):  
Paweł Grad
Keyword(s):  
Legal System ◽  
Historical Development ◽  
Verbal Communication ◽  
Historical Change ◽  
Rational Beliefs ◽  
The Third ◽  
Secularization Theory ◽  
Counter Reformation ◽  
Forms Of Life ◽  
Literacy Theory

My article undermines one of the secularization theory theses and a post-secular paradigm based on it by means of the literacy theory. The studies on literacy and orality allow us to question the thesis that secularization and rationalization of religion consists in the transition from gesture and ritual based communication to verbal communication. Contrary to this theory of Jürgen Habermas, I claim that lingualisation and codification of the sacred by the medium of writing is a standard way of the historical development of religion, which seeks to preserve its integrity under the pressure of a historical change, including the secularization pressure The threat of emergence of contradictory interpretations, competing with each other, is a direct cause of the canonization of religion, and thus its “rationalization” – this phenomenon is described in the second paragraph. We can illustrate them well on the example of Catholic Counter-Reformation, which I do in the third paragraph. As a result of these considerations, the picture of the literate religion emerges which presents it as a legal system regulating forms of life rather than as a collection of symbols expressing pre-rational beliefs. Such an approach requires verification of the assumptions of the post-secular project, which I do in the last paragraph.

scholarly journals GERAKAN PEMIKIRAN DAN PERAN TIGA ULAMA NU (K.H. HASYIM ASY’ARI, K.H.R. ASNAWI KUDUS, K. H. WAHHAB HASBULLAH) DALAM MENEGAKKAN AHL Al-SUNNAH WAL-JAMA’AH ANNAHDLIYAH DI JAWA TAHUN 1926 – 1971

2016 ◽  
Vol 27 (2) ◽  
pp. 331
Author(s):  
Mat Solikhin
Keyword(s):  
Historical Development ◽  
Boarding Schools ◽  
The Third ◽  
Third Phase ◽  
Nahdlatul Ulama ◽  
The Mind

<p align="center">Abstract</p><p>The role of the ulama founder of Nahdlatul Ulama with the historical development of NU is closely, like currency side. The pattern of the development of the mind with the organization cannot be removed from the thinking of the founding. K.H. Hasyim Ash'ari, K.H. Abdul Wahhab Hasbullah and K.H.R. Asnawi Kudus is three great figures that have a very important role in upholding the teachings and values of <em>Ahl al-Sunnah wa al-Jama’ah</em> in Java through both pesantren, ideas and the books written by them.</p><p> This research aims to know the role of the leaders of the third phase of the development of <em>Ahl al-Sunnah wa al-Jama’ah </em>in Java and movements done by the three prominent figures in upholding the values of <em>Ahl al Sunnah wa al- Jama’ah</em>.</p><p><em>Ahl al-Sunnah wa al-Jama’ah</em> what is meant here is in the context of the NU s, where <em>Ahl al- Sunnah wa al-Jama’ah</em> be owned claims NU. Since it was established in 1926. The existence of the Hijaz Committee initiated by the K.H. Abdul Wahhab Hasbullah does not remove from several factors, one factor among others: international factors, religious ideologies and nationalities. With the formation of the Committee of the Hijaz was born Jam’iyah Nahdlatul Ulama as container and vehicle to preserve the values of <em>Ahl al-Sunnah Wa al-Jama’ah al-Nahdliyah</em>. The values of the <em>Ahl al-Sunnah wa al-Jama’ah</em> spread through boarding schools and books of the yellow and the results of the third ideas community.</p>

scholarly journals The Main Problems of Digitalization of Formal Sources of Law

2021 ◽  
Vol 2 ◽  
pp. 15-20
Author(s):  
M.Y. Spirin ◽  
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Social Life ◽  
Ethical Problem ◽  
Digital Technologies ◽  
Human Mind ◽  
Point Of View ◽  
Legal Information ◽  
The Status

The status of formal sources of law is considered from the point of view of their definition and the possibility of creating a list of these sources, enshrined at the legislative level. The problem is posed of the need for the existence of an official list of formal sources of law in the national legal system. The phenomenon of digitalization of social life and legal means necessary for its effective regulation is investigated. The main trends in the digitalization of the legal system of society are determined on the basis of the digitalization of the system of formal sources of law, the necessary conclusions are drawn about the nature of this process, its direction, as well as about those positive and negative aspects that are associated with it. Particular attention is paid to the problem of compliance of “reference” texts of normative legal acts and other formal sources of law, enshrined in the official means of the content of legal information, and “digital” shells of these regulatory prescriptions that function within the framework of commercial legal reference systems. Based on the analysis performed, the main problems of modern digitalization of formal sources of law are determined. The issue of self-reproduction of law is touched upon, attention is drawn to the ethical problem of creating law to regulate social relations using digital technologies. Conclusions are made about the dual, objective and subjective nature of digitalization of formal sources of law and the role of the collective human mind in the creation and implementation of law.

scholarly journals THE JUDICIAL SYSTEM IN THE MAJORITY STATE (184296AH/800909AD) HISTORICAL STUDY ‎

2021 ◽  
Vol 03 (08) ◽  
pp. 375-386
Author(s):  
Wafaa Ahmed MUSTAFA‎
Keyword(s):  
Ninth Century ◽  
Eighth Century ◽  
Second Century ◽  
Judicial System ◽  
Historical Study ◽  
Islamic State ◽  
The Third ◽  
Definition Of ◽  
Islamic Civilization

Since the end of the second century AH-AD eighth century AD the ‎Islamic Maghreb witnessed the establishment of in dependent states in ‎all its parts in the lower Morocco the Aghlabid state was established and ‎the sons of Aghlabid were from an ancient Family that ruled Africa ‎throughout the third AH-ninth century AD founded by Ibrahim bin AI-‎Aghlab bin Salem AI- Tamimi who was confirmed by the year 184AH-‎‎800AD the pages of this research have been included within the ‎framework of the study of Islamic systems as they are among the most ‎important systems that contributed to building Islamic civilization as well ‎as providing security and achieving just and equality between the states ‎and peoples of the Islamic Maghreb so that the Islamic state knew its ‎security by the strength of its judicial is considered one of the most ‎prominent purpose of Islamic Sharia and the first goal that the rulers of ‎states seek to implement and to know the most prominent various ‎organization as well as the role of judges and the approach they ‎followed in applying the provisions of this system and what are its ‎legitimacy and conditions for its assumption the research is divided into ‎three main axes the first included the definition of the judiciary ‎linguistically and idiomatically and the emergence and development of ‎the judiciary in the majority state AS for the second axis it referred to the ‎appointment and dismissal of judges as well as their assistants while the ‎third axis talked about the institution of the majority judiciary which ‎included grievances the calculation and the police and the research came ‎out with a sent of important conclusions‎‎‎. Keywords: The Judiciary, The Aghlabids, The Lower Morocco‎.

Drinker’s Paradise?

Drunk Japan ◽  
2020 ◽  
pp. 1-15
Author(s):  
Mark D. West
Keyword(s):  
Legal System ◽  
Judicial System ◽  
Attempted Murder ◽  
System P ◽  
Rich Description

This chapter offers an overview of the book and introduces the book’s methodology through a 1956 case of attempted murder in which the defendant was found not guilty because he was intoxicated. The court’s opinion begins with many specific facts that help readers understand the characters and the outcome of the case and ends by editorializing about the dangers of Japan’s emergence as a “drinker’s paradise.” Using this opinion as an example, the chapter sets forth the goals of the book: to use law to create a rich description of the role of alcohol in Japan and to use the alcohol-related cases to challenge traditional depictions of the Japanese legal system as one that provides systematic and routinized justice. It closes with a brief description of Japanese judges and their role in the judicial system.

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