The Facilitators II: Law and ‘Justice’

2021 ◽  
pp. 106-139
Author(s):  
Deana Heath

This chapter continues the exploration of the ways in which torture was facilitated in colonial India begun in Chapter 2 by analysing the role of the judicial system in such a process. It argues that the creation of an enabling legal environment for torture was vital to the construction of India as a regime of exception. The chapter examines how, although extra-legal torture was enshrined as an offence in the Indian Penal Code and other legal provisions were made during the course of the nineteenth century to make it more difficult for the police to commit torture, the law, and with it the wider judicial system, ultimately did little to limit their official discretion to do so, most notably through privileging confessions over other forms of evidence. The chapter also considers the nature and operation of the judicial system in the nineteenth and twentieth centuries, particularly how the recruitment and training (or lack thereof) of magistrates and judges, colonial evidentiary norms, the over-reliance on medical testimony, the management of police violence extra-judiciously, and the lack of separation of powers between the judiciary and the executive enabled police torture.

1998 ◽  
Vol 38 (2) ◽  
pp. 153-156 ◽  
Author(s):  
K S Latha ◽  
R Narendra

The giving of dowry on marriage is a widespread custom in India, but the attitude of society towards this practice is neither uniform nor consistent. ‘Dowry death’ is the result of a unique form of violence suffered by Indian women. The existing legal provisions relating to dowry and dowry deaths are summarized, and the role of the Indian Penal Code is discussed. Case reports are presented.


2012 ◽  
Vol 37 (1) ◽  
pp. 1-30 ◽  
Author(s):  
Max Gutbrod ◽  
William Pomeranz

AbstractRussia is currently undergoing a spirited public debate over the role of precedent in a civil-law system. This article examines this debate from a theoretical and practical standpoint, exploring the nature of Russian court decisions and the extent to which they correspond to the Anglo-American theory of precedent. The article further analyzes how the Russian Higher Arbitrazh Court has carved out a narrow right to issue binding precedent and how this authority could impact Russia's civil-law understanding of such concepts as separation of powers and judicial independence.


Iuris Dictio ◽  
2017 ◽  
Author(s):  
Lóránt Csink

Throughout the world one can find two basic models of constitutional adjudication: the American and the Kelsenian ones. At first sight one could easily differentiate them with the mere fact that in the American model there is no separate constitutional court; constitutional adjudication is incorporated into the judicial system. The essay argues that the differentiation is more complicated. The base of distinction is not the existence of a constitutional court. The essay chooses a functional approach and analyses if the activity of constitutional adjudication is closer to the judicial branch or it is “negative legislation” as Kelsen originally thought. Such an approach requires the analysis of separation of powers and the competences of constitutional courts; especially the abstract law review and individual complaint. Hungary’s new constitution changed the role of the constitutional court. The essay concludes that due to the changes the Hungarian system of constitution adjudication made a great step towards the American model from the Kelsenian one.


Author(s):  
S Leinster-Evans ◽  
J Newell ◽  
S Luck

This paper looks to expand on the INEC 2016 paper ‘The future role of virtual reality within warship support solutions for the Queen Elizabeth Class aircraft carriers’ presented by Ross Basketter, Craig Birchmore and Abbi Fisher from BAE Systems in May 2016 and the EAAW VII paper ‘Testing the boundaries of virtual reality within ship support’ presented by John Newell from BAE Systems and Simon Luck from BMT DSL in June 2017. BAE Systems and BMT have developed a 3D walkthrough training system that supports the teams working closely with the QEC Aircraft Carriers in Portsmouth and this work was presented at EAAW VII. Since then this work has been extended to demonstrate the art of the possible on Type 26. This latter piece of work is designed to explore the role of 3D immersive environments in the development and fielding of support and training solutions, across the range of support disciplines. The combined team are looking at how this digital thread leads from design of platforms, both surface and subsurface, through build into in-service support and training. This rich data and ways in which it could be used in the whole lifecycle of the ship, from design and development (used for spatial acceptance, HazID, etc) all the way through to operational support and maintenance (in conjunction with big data coming off from the ship coupled with digital tech docs for maintenance procedures) using constantly developing technologies such as 3D, Virtual Reality, Augmented Reality and Mixed Reality, will be proposed.  The drive towards gamification in the training environment to keep younger recruits interested and shortening course lengths will be explored. The paper develops the options and looks to how this technology can be used and where the value proposition lies. 


2020 ◽  
Vol 16 (4) ◽  
pp. 600-612
Author(s):  
L.F. Nikulin ◽  
V.V. Velikorossov ◽  
S.A. Filin ◽  
A.B. Lanchakov

Subject. The article discusses how management transforms as artificial intelligence gets more important in governance, production and social life. Objectives. We identify and substantiate trends in management transformation as artificial intelligence evolves and gets more important in governance, production and social life. The article also provides our suggestions for management and training of managers dealing with artificial intelligence. Methods. The study employs methods of logic research, analysis and synthesis through the systems and creative approach, methodology of technological waves. Results. We analyzed the scope of management as is and found that threats and global challenges escalate due to the advent of artificial intelligence. We provide the rationale for recognizing the strategic culture as the self-organizing system of business process integration. We suggest and substantiate the concept of soft power with reference to strategic culture, which should be raised, inter alia, through the scientific school of conflict studies. We give our recommendations on how management and training of managers should be improved in dealing with artificial intelligence as it evolves. The novelty hereof is that we trace trends in management transformation as the role of artificial intelligence evolves and growth in governance, production and social life. Conclusions and Relevance. Generic solutions are not very effective for the Russian management practice during the transition to the sixth and seventh waves of innovation. Any programming product represents artificial intelligence, which simulates a personality very well, though unable to substitute a manager in motivating, governing and interacting with people.


2017 ◽  
Vol 19 (1) ◽  
pp. 68-78
Author(s):  
Rahmad Nugroho ◽  
Waryana Waryana ◽  
Irianton Aritonang

Background: The problem of low exclusive breast feeding achievement in Indonesia is caused by social cultural factors, i.e. the minimal understanding of expecting mother, family, society, and health servant with the exclusive breast feeding. The husband’s and grandmother’s motivation will influence on successful breast feeding. Objective: This study is aimed to reveal the exclusive breast feeding achievement ang the role of grandmother. Method: This is an observational study. The researcher observes the society phenomena in Bangunjiwo Village, Bantul Regency. The subjects of the study are: 1) grandmothers aging ≥ 55 yeras old, 2) breast feeding mothers, and 3) Posyandu cadres. The data are collected by the focus group discussion, detail interview, and documentation.The instruments of the study are FGD, stationaries, tape recorder, and camera. The data are analyzed from the preparation of transcript, data reduction, data presentation, and conclusion. Results: the success of breast feeding is motivated by grandmother’s role, i.e. 1) suggesting, 2) motivating, 3) caring, 4) reminding when mother goes out, 5) giving the stored mother’s milk for working mother, and midwive’s explanation and training for expecting mother. Conclusion: The role of grandmother in exclusive breast feeding will increase: 1) mother’s understanding of breast feeding advantages, 2) mother’s awareness of exclusive breast feeding, and 3) mother’s attitude of exclusive breast feeding. Therefore, a breast feeding mother will be able to increase in practicing exclusive breast feeding by: 1) overcoming obstacles, 2) consuming balanced nutrition, 3) maintaning health and drinking herb. Finally, these will influence the succssful exclusive breast feeding.   Keywords: exclusive breastfeeding, The role of grandmother, mother’s attitude


2020 ◽  
Author(s):  
Igor Grossmann ◽  
Nic M. Weststrate ◽  
Monika Ardelt ◽  
Justin Peter Brienza ◽  
Mengxi Dong ◽  
...  

Interest in wisdom in the cognitive sciences, psychology, and education has been paralleled by conceptual confusions about its nature and assessment. To clarify these issues and promote consensus in the field, wisdom researchers met in Toronto in July of 2019, resolving disputes through discussion. Guided by a survey of scientists who study wisdom-related constructs, we established a common wisdom model, observing that empirical approaches to wisdom converge on the morally-grounded application of metacognition to reasoning and problem-solving. After outlining the function of relevant metacognitive and moral processes, we critically evaluate existing empirical approaches to measurement and offer recommendations for best practices. In the subsequent sections, we use the common wisdom model to selectively review evidence about the role of individual differences for development and manifestation of wisdom, approaches to wisdom development and training, as well as cultural, subcultural, and social-contextual differences. We conclude by discussing wisdom’s conceptual overlap with a host of other constructs and outline unresolved conceptual and methodological challenges.


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