Introduction

2019 ◽  
pp. 27-42
Author(s):  
Brian H. Bornstein ◽  
Jeffrey S. Neuschatz
Keyword(s):  
Legal System ◽  
Experimental Psychology ◽  
Legal Profession ◽  
Psychological Research ◽  
Legal Scholar ◽  
The Past ◽  
History Of ◽  
Historical Sketch

In his introductory chapter, Münsterberg summarizes the history of experimental psychology and its theoretical and practical contributions. In his opinion, the field had matured enough for the legal system to sit up and take notice. In a sense, Münsterberg’s entire book is an indictment of the legal profession for this neglect—an indictment that did not go unanswered. The response of John Henry Wigmore, a prominent American legal scholar, was so scathing that it almost single-handedly quelled the incipient law-psychology movement for a number of years. The chapter covers Wigmore’s criticisms in depth. The introductory chapter provides a historical sketch of the field of law-psychology as it has developed over the past 110 years, focusing particularly on the courts’ use (or lack thereof) of psychological research on legal topics.

scholarly journals The Islamist Trend in Egyptian Law

2010 ◽  
Vol 3 (3) ◽  
pp. 610-630 ◽  
Author(s):  
Tamir Moustafa
Keyword(s):  
Legal System ◽  
Legal Profession ◽  
The State ◽  
The Political ◽  
The Past ◽  
Islamic Jurisprudence ◽  
History Of ◽  
Socio Economic Variables ◽  
The Impact ◽  
Principle Source

AbstractThe past four decades have witnessed profound transformations in the Egyptian legal system and in the Egyptian legal profession. Article 2 of the Egyptian Constitution now enshrines Islamic jurisprudence as the principle source of law, thus establishing an important symbolic marker at the heart of the state and opening avenues for Islamist activists to press litigation campaigns in the courts. Additionally, the Islamist trend gained prominence within the legal profession, a development that is particularly striking given the long and illustrious history of the Lawyer's Syndicate as a bastion of liberalism. Despite these significant shifts, however, Islamist litigation has achieved only limited legal victories. This article traces the political and socio-economic variables that underlie the Islamist trend in Egyptian law, and examines the impact of Islamist litigation in the Egyptian courts.

On Recent Proposals Regarding Habitual Drunkards and other Offenders

1896 ◽  
Vol 42 (176) ◽  
pp. 85-102
Author(s):  
A. Wood Renton ◽  
D. Yellowlees
Keyword(s):  
Public Opinion ◽  
Legal Profession ◽  
Present Review ◽  
House Of Lords ◽  
History Of ◽  
The Subject ◽  
Parliamentary History ◽  
Legal Administration ◽  
Historical Sketch

Mr. Wood Renton.Viewed from the Legal Standpoint.Within the last two years no less than three Parliamentary Reports, dealing with the problems presented by the familiar phenomena of inebriety and recidivism, have been published,∗ and a measure † designed, and, to a large extent, calculated to carry the main recommendations embodied in these documents into effect, has been read a second time in the House of Lords, under the pilotage of the then head of English legal administration. These facts show that public opinion has at length been thoroughly aroused as to the necessity for fresh legislation on the subject of habitual drunkenness and crime, and render any preliminary historical sketch of the growth of the movement, which is apparently at last on the eve of attaining its objects, superfluous. If there is any member of the medical or legal profession who is still in ignorance of the process by which the problems in question have been brought to the stage of perfect ripeness for legislative solution, he may be referred with confidence to an admirable summary of the Parliamentary history of legislation affecting inebriates by Mr. Legge, the Secretary to the Inebriates Committee, 1891, which forms the 6th appendix to the minutes of evidence taken by that body, and is reproduced, with some additions and alterations, as Appendix M in the evidence taken by the Scottish Committee of 1894, and to the three Parliamentary Reports which have suggested the present review (see note, sup.).

scholarly journals 'Indianization' of Indonesia in an Historical Sketch

2014 ◽  
Vol 1 (2) ◽  
pp. 56-64
Author(s):  
Taufiq Rahman
Keyword(s):  
Social Life ◽  
The Past ◽  
Indonesian Archipelago ◽  
History Of ◽  
Historical Sketch

This Article gives some remarks on the history of Indianization in Indonesian archipelago in me remote history. The illustration includes bow this process of Indian influences grew and developed, both in the palaces and the societies. Given this remark the writer comes to the projection on how natural this process was. By reflecting the past the writer is sure that the plurality of religions and cultures in Indonesia is a kind of destiny to be faced peacefully in order to keep the harmony in the nation's social life.

Introduction

2019 ◽  
pp. 1-15
Author(s):  
Simon Peplow
Keyword(s):  
World War Ii ◽  
Legal System ◽  
Collective Violence ◽  
World War ◽  
Perceived Importance ◽  
History Of ◽  
Key Terms ◽  
Black Britons

This introductory chapter introduces the main themes of the book, which locate the anti-police collective violence that spread throughout England in 1980–1 within a longer struggle against racism and disadvantage faced by black Britons that had seen a growth in more militant forms of resistance since World War II. This chapter provides introductory overviews of the existing literature related to race and immigration, collective violence, spread of disorder, and the disturbance of 1980–1 themselves. The history of public inquiries is briefly examined, demonstrating their perceived importance within the British legal system and initiating discussion of why they have proven controversial. The chapter ends with a note on the work’s use of a number of key terms, and a brief overview of the book’s structure.

Echoes of Natural Law

2021 ◽  
pp. 222-250
Author(s):  
Stuart Banner
Keyword(s):  
Legal System ◽  
Natural Law ◽  
Past Century ◽  
Law Schools ◽  
Academic Interest ◽  
Law Of Nature ◽  
The Past ◽  
The Status ◽  
History Of ◽  
The Law

This chapter examines the status of natural law in the legal system over the past century. In law schools, natural law never ceased to be a topic of study. This academic interest in natural law has had almost no effect on the working legal system, where natural law has been relied upon by only the most idiosyncratic of judges and lawyers. The history of our use of natural law has nevertheless continued to exert influence on the legal system, which still contains doctrines and practices that were once based on the law of nature.

Introduction

2020 ◽  
pp. 1-12
Author(s):  
Klimchuck Samet
Keyword(s):  
Legal System ◽  
Common Law ◽  
Philosophical Analysis ◽  
Legal Systems ◽  
History Of ◽  
Moral Dimensions ◽  
The Law

This introductory chapter provides an overview of this book’s study of the history of equity. In his celebrated Lectures on Equity, FW Maitland famously declared that all that could be said in answer to what is distinctive of the law of equity is that it comprises ‘that body of rules administered by our English courts of justice which, were it not for the operation of the Judicature Acts, would be administered only by those courts which would be known as Courts of Equity’. If Maitland was right, then there is no reason to think the law of equity names something about which there could be philosophical foundations. The contributors to this volume share, for the most part, and in various degrees, the view that Maitland was wrong. Since at least the time of Aristotle, equity has captured the interest of philosophers, and that fascination continues today. As equity’s place in the legal system continues to evolve, equity’s correction of the law, equity’s distinctiveness, and equity’s moral dimensions will continue to remain central questions. Philosophical analysis of these aspects of equity in general and equity in common law legal systems promises to help in understanding and better shaping these developments.

scholarly journals How Subtle Bias Infects the Law

2019 ◽  
Vol 15 (1) ◽  
pp. 227-245
Author(s):  
Isabel Bilotta ◽  
Abby Corrington ◽  
Saaid A. Mendoza ◽  
Ivy Watson ◽  
Eden King
Keyword(s):  
Decision Making ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Profession ◽  
Psychological Research ◽  
Future Research ◽  
Legal Decision ◽  
Research And Practice ◽  
Legal Decision Making ◽  
Critical Problems

This review describes the ways in which contemporary forms of prejudice and stereotypes, which are often subtle and unconscious, give rise to critical problems throughout the legal system. This summary highlights dominant themes and understudied issues at the intersection of legal and psychological research. Three areas of focus are considered: law enforcement (policing), legal decision making, and the legal profession. Recommendations for future research and practice are offered.

On Judicial Agency and the Best Interests Test

1999 ◽  
Vol 17 (2) ◽  
pp. 319-324 ◽  
Author(s):  
Danaya C. Wright
Keyword(s):  
Legal System ◽  
Social Conditions ◽  
Best Interests ◽  
Parental Rights ◽  
Single Sentence ◽  
The Past ◽  
History Of ◽  
Best Interests Standard

I am grateful to Eileen Spring and Michael Grossberg for their thoughtful comments on a study that has occupied my life for the past five years, and which has finally been produced in a more detailed form as my dissertation. Unfortunately, many of their comments point to gaps, in the best interests standard and comparisons with U.S. law for instance, that are taken up in the longer study. But if I could put my entire dissertation into a single sentence, it would be that a history of English custody law reveals profoundly different commitments on the part of judges to protecting mother's rights and to recognizing some form of a best interests test as social conditions changed, and that the patriarchal moorings of custody law remain with us today as we try to solve the deeply problematic issues raised for a legal system that still pits parental rights against children's welfare. Grossberg and Spring both point to the issue of judicial agency that I grapple with in my article and I will briefly address a few points on that topic. Then, rather than address their comments individually, I would prefer to suggest some of the conclusions I draw in the larger study and make connections to what is presented here.

Historical Rupture or Continuity?

Hawwa ◽  
2020 ◽  
Vol 18 (2-3) ◽  
pp. 226-264
Author(s):  
Nijmi Edres
Keyword(s):  
Gender Roles ◽  
Legal System ◽  
Legal History ◽  
Point Of View ◽  
Legal Tradition ◽  
Active Strategy ◽  
The Past ◽  
History Of ◽  
Definition Of ◽  
Religious Courts

Abstract From the point of view of the institutional legal history of shariʿa courts in Israel, the article focuses on the elements of rupture and/or continuity introduced by the appointment of Hanāʾ Manṣūr-Khaṭīb as the first female judge in Israeli religious courts against the background of three main elements, the subordination of shariʿa courts to the Israeli legal system, the reaction of shariʿa courts to the challenges posed by secular and conservative Muslim actors inside the Palestinian minority, and the definition of gender roles in the Muslim judiciary in Israel. Despite some elements of rupture with the past, the article argues that the appointment is part and continuation of an active strategy of the pragmatic use of “the past” of Islamic legal tradition already pursued by shariʿa courts since 1995, and that the appointment of Manṣūr-Khaṭīb can be inscribed in a framework of “patriarchal liberalism,” following the definition of Moussa Abou Ramadan, proving that, still, gender is anything but irrelevant.

Introduction

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
Legal System ◽  
Legal History ◽  
Russian People ◽  
Legal Nature ◽  
History Of ◽  
Multiple Issues ◽  
International Legal System ◽  
The Law

This introductory chapter briefly reflects on the history of the law of making treaties in Russia. Treaties constitute the earliest surviving documents by at least a century and perhaps more in not only the legal history, but the general history, of the Russian people. The chapter discusses multiple issues which were embedded in the treaties of the ninth and tenth centuries, such as the form and legal nature of the document, ratification procedures, and so on. It considers how these issues interact with the existence of an international legal system as well as a domestic one. The chapter also looks at Russia's especially post-Soviet Russia's-responses to these issues and expounds on the importance of addressing them.

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