International Facilitation of the Self-Determined Development of the Legal System of the Former Yugoslavia

2011 ◽  
pp. 173-176
Keyword(s):  
Legal System ◽  
The Self ◽  
Former Yugoslavia

The View from the Benches of the Justice-of-the-Peace Courts

2016 ◽  
Author(s):  
Kathryn Hendley
Keyword(s):  
Legal System ◽  
Judicial System ◽  
The Self ◽  
Short Life ◽  
Awkward Position ◽  
Justices Of The Peace ◽  
The Face ◽  
Justice Of The Peace

This chapter examines how judges at Russia's busiest set of courts, the justice-of-the-peace courts (JP courts or mirovye sudy), see themselves and their role. When ordinary Russians are unable to resolve simple problems on their own, the JP courts represent their port of entry into the legal system. For them, the justices of the peace (JPs) are the face of the legal system. JPs often find themselves in an awkward position as they seek to balance justice and efficiency. Their behavior provides an intriguing lens into the contemporary Russian judicial system. The chapter first explains how the JP courts fit into the larger Russian judicial system and how they have evolved over their relatively short life. It then considers how one becomes a JP and what sort of people tend to become JPs. It also describes the day-to-day reality of life for JPs, with particular emphasis on their caseloads as well as the key challenges facing them and their responses to such challenges. Finally, it looks at the self-images of JPs.

scholarly journals REPUDIATING NOSTALGIA: THE DISILLUSIONED HOMELAND IN MIRKO DEMIĆ’S PENTALOGY

2020 ◽  
Vol 18 (1) ◽  
pp. 230-248
Author(s):  
Vladimir B. Perić ◽  
Keyword(s):  
The Self ◽  
Former Yugoslavia ◽  
Binary Opposition ◽  
Left Behind ◽  
Cross Border ◽  
The Cross ◽  
National Boundaries ◽  
Post War

Mirko Demić’s war pentalogy provides a complex and nuanced view of nostalgia as part of the epistemological world. The exile’s sorrow for a lost country is shown through the instability of the émigré’s post-war identity, the traumas caused by the 1990s wars on the territory of former Yugoslavia and the essential impossibility of a return. An unstable self contains emotional cracks that arise from the lack of homeland, the (self)naming of the refugee and his (self-)marginalization, reaching a climax in the narrator’s silence. The devastating effect of war is evident in the meticulously depicted entropy of a warrior’s psyche, a re-examination of desertion, a sense of superfluousness in the mad military carnival. A special narrative obsession with (Balkan) borders places the protagonists of Demić’s stories and novels in borderline situations. The national boundaries, the cross-border “walls”, essentially hinder the return of the expatriate, and his longing for the things he left behind intensifies.The wounded self attempts to achieve a measure of psychological equilibrium by opening the question of forgetting. Another important point is the narrator’s need to overcome the victim experience and his witnessing of violence, and to deal with nostalgia by rationalizing it, by suppressing the binary opposition of the place one longs for and the place one inhabits. The writer finds the means to abolish the stasis of homeland loss: in creating a superborder, a superstructure, a mythical parergon, a parable of Odysseus’s homecoming and a temporal escapism. In it, the literary topos of his homeland, Petrova Gora, is positioned in an ancient historical framework, suitable for the interpretation of agon, both within man and between warring nations.

Theatre of Witness: Passage into a New Millennium

1996 ◽  
Vol 12 (47) ◽  
pp. 266-278 ◽  
Author(s):  
Karen Malpede
Keyword(s):  
New York ◽  
Gulf War ◽  
The Self ◽  
The Other ◽  
Former Yugoslavia ◽  
Feminist Theatre ◽  
The Arts ◽  
The Face ◽  
Women In Theater ◽  
New Millennium

Karen Malpede's monologue, ‘Baghdad Bunker’, whose origins in an experience of vicarious empathy she describes in the following article, was first performed by Ruth Maleczech at La Mama in June 1991. It subsequently became the centrepiece of Malpede's play Going to Iraq, about life in New York during the Gulf War. Later, in The Beekeeper's Daughter, she addressed our lack of empathy in the face of ‘racial cleansing’ in the former Yugoslavia. Here, Karen Malpede uses both this latter play and a play by the dissident Croatian playwright Slobodan Snajder, Snakeskin, as examples of an approach to writing and experiencing plays she calls ‘theatre of witness’ – in which the witnessing imagination affirms connections ‘based upon the human capacities to experience compassion and empathy for the self and for the other as powerful, motivating forces’. Karen Malpede is a widely performed and published American playwright and director, currently with the Theatre Three Collaborative in New York, where she also teaches at NYU's Tisch School of the Arts. Her People's Theater in America (1972) was a seminal study of its subject, as was her Women in Theater (1984) of the feminist theatre aesthetic.

Law as an extrinsic responsivity factor: What’s just is what works!

2016 ◽  
Vol 8 (3) ◽  
pp. 146-169 ◽  
Author(s):  
Martine Herzog-Evans
Keyword(s):  
Legal System ◽  
The Self ◽  
Self Determination ◽  
High Time ◽  
Offender Treatment ◽  
What Works ◽  
Treatment Models ◽  
Modern Mass ◽  
Responsivity Principle ◽  
Treatment Theory

If criminologists and psychologists have studied practitioners’ ethics, they have not integrated the legal system into offender treatment theory. Offender treatment models have, moreover, not taken stock of the Legitimacy of Justice and the Self-Determination literatures, according to which people comply more substantively, and for longer periods of time, with decisions that are made fairly, and respect individuals’ agency. It is generally assumed that despite modern mass managerial and punitive probation, practitioners and their institutions have retained their original well-meaning ethos. In this article, it is suggested that law as a system ought to be integrated into a new subdivision of the Responsivity principle: ‘Extrinsic- Responsivity’. It is further argued that it is high time for probation staff and institutions to lose their untouchable status and be subjected to legal scrutiny and procedural constraints.

scholarly journals Defining the Pillars of Trade Union Freedoms: the Polish Example

1970 ◽  
Vol 8 ◽  
pp. 265-279
Author(s):  
Jakub Gołaś
Keyword(s):  
Legal System ◽  
Trade Union ◽  
International Agreements ◽  
The Self ◽  
Freedom Of Association ◽  
National Legislation

The aim of the article is to present and characterise the essence of four fundamental pil-lars (the freedom of association, the self-governance, the independence and the equality) of trade union freedoms in the Polish legal system. The author presents such aspects as the classification of trade union freedoms or the characterisation of chosen specific union pillars. The article is based on the review of the relevant national legislation (in-cluding the Polish Constitution, international agreements and the Act on Trade of 23th May 1991), doctrine and judicature.

scholarly journals On a Self-Deconstructing Symposium

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 258-262 ◽  
Author(s):  
Samuel Moyn
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
The Self ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
Impact Measurement ◽  
Creation Story

It is not clear what there is left for a commentator to say once a symposium has unfolded in such a way as to cancel itself out. But in case others read it differently than I do, I am happy to explain how I think this process occurs across the wonderful though self-canceling pages of the American Journal of International Law symposium on the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) and—through valedictory reflection on thoseenter prises—on contemporary international criminal law so far. The self-cancellation process, as I see it, takes place in the move from creation story and doctrinal evolution to impact measurement amidst legacy rhetoric. One might take this result as an index of where things stand (or whether anything stands) in the fascinating emergence of a prestigious enterprise—and what might come next.

scholarly journals The Virtues of Bright Lines: Self-Determination, Secession, and External Intervention

2015 ◽  
Vol 16 (3) ◽  
pp. 384-415 ◽  
Author(s):  
Brad R. Roth
Keyword(s):  
United Nations ◽  
International Order ◽  
The Self ◽  
Self Determination ◽  
Former Yugoslavia ◽  
The Past ◽  
The United Nations ◽  
United Nations Charter ◽  
External Intervention

AbstractThe United Nations Charter-based international order sought to reconcile the self-determination of peoples with the inviolability of state boundaries by presuming sovereign states to be manifestations of the self-determination of the entirety of their territorial populations. This presumption, albeit nationally rebuttable, traditionally prevailed even where states could only by a feat of ideological imagination be characterized as “possessed of a government representing the whole people belonging to the territory without distinction.” But the international reaction to fragmentation in the former Yugoslavia—regarding both the initial “dissolution” and the subsequent struggle over Kosovo—called into question the rigid doctrines of the past and opened the door to secessionist claims theretofore dismissible as beyond the pale. Although no vindication of Russian intervention in Ukraine can properly be drawn from the Yugoslav cases, the Ukrainian crises help to surface the hidden dangers of an emerging jurisprudence that would allow previously inadmissible considerations—whether ethnic, historical, constitutional, or “democratic”—to compromise the territorial inviolability norm.

scholarly journals SYNERGETICS AS A METHODOLOGICAL APPROACH TO THE STUDY OF SOCIAL, LEGAL, HISTORICAL AND LEGAL SYSTEMS

2021 ◽  
Author(s):  
Serhii Kudin ◽  
Keyword(s):  
Legal System ◽  
Methodological Approach ◽  
Legal Order ◽  
The Self ◽  
Self Organization ◽  
Legal Systems ◽  
Comparative History ◽  
History Of ◽  
History Of Law ◽  
The Impact

The subject of this publication is synergetics as a methodological approach to the study of social, legal, historical and legal systems, and the aim is to identify its characteristics as a methodological approach. Methods such as philosophical dialectics, analysis, synthesis, deduction, induction, synergetic, systemic, comparative historical, special legal, etc. were used in the study. As a result, it is concluded that synergetics is considered by scientists as a scientific picture of the world, independent science, methodology, interdisciplinary approach, private science theory, general scientific theory, scientific paradigm, so today it is in a state of formation. It was found that as a methodological approach, synergetics directs efforts to the scientific study of such an aspect of development as "self-organization", as well as the self-organization of such a part of matter as systems of different nature, meeting the criteria of complexity, openness, dissipation, to study the self-organization of systems within the scheme: "order" – "chaos" – "order". It is proved that in the study of social systems the main task of the synergetic approach is to identify a peculiar type of patterns of social self-organization, which differ from the patterns of self-organization in natural systems. It is substantiated that the synergetic approach has a number of heuristic possibilities in the study of some legal systems and in general directs efforts to identify the specifics of the laws of self-organization in the legal sphere, the implementation of the mechanism of legal self-organization as a result of mutual transitions of the legal order and chaos. It is revealed that the specific problems that arise when using this approach are the definition of "legal chaos", the identification of the mechanism of exchange of "legal information, matter and energy" between the legal system and the "environment", the essence of the synthesis of legal order and chaos. It is concluded that the synergetic approach has features in the study of historical and legal systems in the field of comparative history of law, which are due to the limitation of the "historical plane" of research and identify the impact of fluctuations on certain scenarios. It is determined that the nonlinearity of the evolution of historical and legal systems determines the perception of the view of the comparative history of law as an alternative and multivariate process. This allows the development in the field of alternative comparative history of law: the search for alternative in the future potentially positive options for the development of historical and legal systems. At the same time, the basis should be the modelling of comparative situations with the inclusion of the past and taking into account the impact of the future on the present. It is proved that the application of a synergetic approach in comparative and historical legal research, where the object is historical and legal systems, has a number of specific problems. It has been found that such problems are the discovery of the essence of the exchange between the "historical and legal system" and the "environment" of matter, information, energy; restrictions on the use of mathematical methods; search for criteria for distinguishing between objective and subjective factors that have influenced the choice of this particular "scenario" at the bifurcation point; delimitation of self-organization of structural elements of the system and their organization as a consequence of administrative intervention.

scholarly journals One look at the position of sociology of law in Russia

2017 ◽  
Vol 5 (10) ◽  
Author(s):  
Dragana Vilić ◽  
Vanja Nišić
Keyword(s):  
20Th Century ◽  
Legal System ◽  
Social Role ◽  
The State ◽  
Former Yugoslavia ◽  
Sociology Of Law ◽  
The Social ◽  
The Law

As a sociological discipline that studies the role and place of lawin society, sociology of law was created in the mid 19th century.This discipline studies the conditions and circumstances that leadto the constitution of law and the legal system in one country, thenthe legal activity in society, and the consequences of all forms oflegal action in society. From the mid-20th century in sociologyhave been removed numerous concerns about the social role oflaw, from this period the law is being studied as a normative phenomenon.The paper analyzes the situation of sociology of law, itshistorical development and institutionalization in Russia, as wellas topical issues of Russian theorists. Citing the Russian theoreticianswho dealt with legal and sociological topics, in this paper weanalyze the issues and problems that were in the process of institutionalizationof sociology of law in Russia at the end of the XX andthe early XXI century. In this paper we provide a brief overviewof sociology of law in some countries of the former Yugoslavia asa possible comparison with the state of sociology of law in Russia.

Sign in / Sign up

Export Citation Format

Share Document