Voices of Spectators and Audience Power

AbstractTheatre and law are not so different. Generally, researchers work on the art of theatre, the rhetoric of the actors, or the dramaturgy built from law cases or from the questions that the law does not completely resolve. Trials, tragedies, even comedies are close: everybody can see the interpenetration of them on stage and in the courts. We know that, and we know that the dramas are made with/from/of law, we know that the art the actors are developing is not so far from the art of the lawyers, and conversely. In this paper, I would like to have a look at the action of the audience, at the session itself and at the way the spectators are here to evaluate and judge not only the dramatic action, not only the art of the actors, not only the text of the author, but also the other spectators, and themselves too. In particular, I will focus on the “common judgment” of the audience and on its judicial, aesthetic and social relationship. The spectators have been undisciplined, noisy, unruled, during such a long period that theatre still retains some prints of this behaviour, even if nowadays, the social and aesthetic rule is to be silent. But uncertainty, inattention, distraction, contradiction, heterogeneity are the notions which characterise the session, and the judgments of the spectators still depend on them. So, what was and what is the voice of the audience? And with what sort of voice do spectators give their judgments?

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Discretion and Security: Excluding Evidence under Section 78(1) of the Police and Criminal Evidence Act 1984

The Cambridge Law Journal ◽

10.1017/s0008197300106907 ◽

1990 ◽

Vol 49 (1) ◽

pp. 80-90 ◽

Cited By ~ 1

Author(s):

C.J.W. Allen

Keyword(s):

Common Law ◽

The Other ◽

Rule Of Thumb ◽

The Common ◽

Political Compromise ◽

The Law ◽

Law Of Evidence ◽

Court Of Appeal ◽

The Way

Among rules of law Karl Llewellyn noted at one extreme the “rule-of-thumb, in which the flat result is articulated, leaving behind and unexpressed all indication of its reason”. At the other extreme was “the way of principle, in which the reason is clearly and effectively articulated, and that articulation is made part of the very rule”. The vice of principle, he observed, “can be a vaporish vagueness, and the techniques of its effective formulation are not easy to isolate for communication and use”. Partly for this reason, partly perhaps because of its origin in a last-minute political compromise, section 78(1) of the Police and Criminal Evidence Act 1984 at first confounded attempts to predict the manner of its application. One commentary suggested that it was “of no practical use”; there were dicta in the Court of Appeal to the effect that it did “no more than to re-state the power which judges had at common law before the Act of 1984 was passed”. A leading work on the law of evidence expressed the view that the sub-section was “cast in terms of such vagueness and generality as to furnish little guidance to the court”. There has been some development since those early days. It now seems clear that the Police and Criminal Evidence Act 1984 is to be regarded as a codifying Act which has to be looked at on its own wording. Section 78(1), therefore, does not merely re-state the position at common law. It is also clear that in its operation it overlaps section 76 and, through section 82(3), some of the common law. Section 78(1) may be applied in a variety of situations, with or without the presence of some element of impropriety in the way in which the evidence was obtained. Basic questions about its operation nevertheless remain.

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Multilingualism in Metropolitan London

English Today ◽

10.1017/s0266078402001025 ◽

2002 ◽

Vol 18 (1) ◽

pp. 17-24 ◽

Cited By ~ 3

Author(s):

Reinier Salverda

Keyword(s):

Linguistic Diversity ◽

The Other ◽

Social Aspects ◽

Common Language ◽

Language Management ◽

Tower Of Babel ◽

The United Kingdom ◽

The Social ◽

University College London ◽

The Common

A description and discussion of the vast linguistic diversity in the capital of the United Kingdom.LONDON today is an enormous Tower of Babel, where in addition to the common language, English, many other languages are spoken. On Tuesday 13 March 2001, as part of the Lunch Hour Lecture Series at University College London, Professor Reinier Salverda discussed the linguistic diversity of contemporary London, presenting recent data on the other languages spoken there, as well as focussing on the social aspects of this linguistic diversity, in particular issues of language policy and language management. The following is a slightly adapted version of that presentation.

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Burke on Prescription of Government

The Review of Politics ◽

10.1017/s003467050003326x ◽

1973 ◽

Vol 35 (4) ◽

pp. 454-474 ◽

Cited By ~ 2

Author(s):

S. J. Francis Canavan

Keyword(s):

Long Period ◽

Law Of Nature ◽

Adverse Possession ◽

The Law ◽

The Way

Professor Paul Lucas has described Edmund Burke's theory of prescription as his “idea about the way in which an adverse possession of property and authority may be legitimated by virtue of use and enjoyment during a long passage of time.” The description is accurate so far as it goes. Burke certainly maintained that if one had held uncontested possession as the owner of a piece of property for a sufficiently long period of time, no earlier title to the property, however valid, could be revived and made to prevail against the occupant's title. Through the passage of time the occupant had acquired a title by prescription, and this in Burke's eyes was “the soundest, the most general, and the most recognized title … a title, which … is rooted in its principle, in the law of nature itself, and is indeed the original ground of all known property.” Burke also said: “Prescription is the most solid of all titles, not only to property, but, which is to secure that property, to Government.”

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REKONSTRUKSI IJTIHĀD DALAM ILMU UṢŪL AL-FIQH

Al-Ahkam ◽

10.21580/ahkam.2012.22.2.9 ◽

2012 ◽

Vol 22 (2) ◽

pp. 161

Author(s):

Rokhmadi Rokhmadi

Keyword(s):

Islamic Law ◽

The Other ◽

Basic Principles ◽

The Law ◽

The Way

Al-Qur’an and Sunnah, needs of understanding and extracting optimally, so that the contents of law can be applied for the benefit of people. The way- to understand and to extract the contents in these two sources- called ijtihād. Thus, ijtihād is needed on istinbāṭ of law from many arguments of the texts (naṣ), eventhough it is qaṭ’ī in which the uṣūliyyūn have agreed that it is not the area for re-extracting to the law (ijtihādiyyah). The problem in this case is that even a qaṭ’ī argument according to the most of uṣūliyyūn has not been qaṭ’ī argument in the other uṣūliyyūn opinion. Reconstruction of ijtihād becomes an alternative, with some considerations: First, weight and tightening the requirements to become a mujtahid, which is almost impossible controlled by someone at the present time; Second, the increasing complexity of the problems faced by the ummat which is very urgent to get the solution; Third, let the period without ijtihād (vacuum of mujtahid) is contrary to the basic principles of Islamic law are always sāliḥ li kulli zamān wa makān. This paper present to discuss further about the urgency of the reconstruction of ijtihād in the challenge of modernity.***Al-Qur<ins cite="mailto:hasan" datetime="2015-02-17T11:11">’</ins>an maupun <ins cite="mailto:hasan" datetime="2015-02-17T11:11">s</ins>unnah sangat membutuhkan pemahaman dan penggalian secara optimal agar isi kandungan hukumnya dapat diterapkan bagi kemaslahatan umat. Cara untuk menggali dan mengeluarkan isi kandungan yang ada dalam kedua sumber tersebut dinamakan ijtihād. Ijtihād sangat dibutuhkan pada setiap isti<ins cite="mailto:muthohar" datetime="2015-01-29T05:30">n</ins><del cite="mailto:muthohar" datetime="2015-01-29T05:30"></del>bāṭ hukum dari dalil naṣ, sekalipun dalil naṣ tersebut bersifat qaṭ'ī yang oleh para uṣūliyyūn sudah disepakati tidak menjadi wilayah untuk dijitihadi lagi. Permasalahannya adalah bahwa sesuatu dalil naṣ yang sudah bersifat qaṭ'ī sekalipun oleh sebagian besar uṣūliyyūn, belum tentu dipandang qaṭ'ī oleh sebagian uṣūliyyūn yang lain. Rekonstruksi ijtihād menjadi sebuah alternatif, dengan beberapa pertimbangan: Pertama, berat dan ketatnya persyaratan-persyaratan menjadi seorang mujtahid, yang hampir tidak mungkin dikuasai oleh seseorang pada masa sekarang; Kedua, semakin kompleksnya permasalahan yang dihadapi oleh ummat yang sangat mendesak untuk mendapatkan solusi; Ketiga, membiarkan satu periode tanpa ijtihād (kevakuman mujtahid) adalah bertentangan dengan prinsip dasar hukum Islam yang selalu sāliḥ li kulli zamān wa makān. Tulisan ini hadir untuk mendiskusikan lebih jauh tentang urgensi rekonstruksi ijtihād dalam menghadapi tantangan modernitas.***Keywords: ijtihād, qaṭ'ī, ẓannī, uṣūl al-fiqh

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Twintig jaar politieke strijd rond de abortuswetgeving in België (1970-1990)

Res Publica ◽

10.21825/rp.v32i4.19251 ◽

1990 ◽

Vol 32 (4) ◽

pp. 427-487

Author(s):

Els Witte

Keyword(s):

The Other ◽

Political Crisis ◽

Pressure Groups ◽

Abortion Law ◽

Long Period ◽

The Law ◽

The One

Tbe struggle for the liberalization of the law on abortion began in Belgium in 1970 when the taboo was breached in an initial bill. However, support by pressure groups failed and this led to a long period of nondecision, which may be explained by the disunity in the camp of the supporters on the one hand and the blocking tactics of the Flemish Christian Democrats on the other. In 1986 a compromise between supporters finally emerged, and via a majority which cut right through the governmental coalition an abortion law was approved at the end of March 1990, which closely corresponds to British, French and Dutch legislation. The catholic monarch's refusal to ratify the bill caused a political crisis which was solved by the unanimous signing by the assembled ministers.

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«Liberdades e Direitos» No Horizonte da Soberania

Philosophica: International Journal for the History of Philosophy ◽

10.5840/philosophica200081511 ◽

2000 ◽

Vol 8 (15) ◽

pp. 151-175

Author(s):

Viriato Soromenho-Marques ◽

Keyword(s):

Civil War ◽

French Revolution ◽

Common Ground ◽

The Other ◽

English Civil War ◽

Reciprocal Influence ◽

Political Tradition ◽

Long Period ◽

The Common ◽

Relationship Of

The common ground and dissimilarities in the reciprocal influence between two apparently identical concepts in the Contemporary western political tradition - freedom and liberty - are dealt in this paper. The author tries to tackle the interrelated genealogy both of freedom and liberty categories, in the long period opened by the English Civil War and closed by the conflicting reactions to the French Revolution. The sovereignty concept on the other hand allows the reader to understand the ongoing dynamic of the crucial philosophical relationship of these two central concepts.

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NILAI-NILAI PENDIDIKAN DAN PENGARUHNYA TERHADAP HUBUNGAN SOSIAL ANAK DALAM NOVEL TOTTO-CHAN KARYA TETSUKO KUROYANAGI

IZUMI ◽

10.14710/izumi.3.2.68-75 ◽

2014 ◽

Vol 3 (2) ◽

pp. 68

Author(s):

Nur Hastuti

Keyword(s):

Social Life ◽

Social Relationship ◽

Social Process ◽

Scientific Study ◽

The Other ◽

Disable Person ◽

The Novel ◽

The Social ◽

Approach Method ◽

The Difference

chan by Tetsuko Kuroyanagi.The object research is Novel Madogiwa No Tottochan by Tetsuko Kuroyanagi that is published in 1981. This research has aim to get description of education values and the effects toward children social relationship in the novel of Totto-chan. The approach method to answer both problems is literary sociology approach. Litetature has relation with people in the society, the effort of people to addapt and change society. Sociology is objective and scientific study about human in society, study about institution and social process. The difference between literature and sociology is sociology does scientific and objective analysis. In other hand, literature infiltrates and penetrates social life and shows human ways to comprehend society with their feeling.The teaching result of education values and the effects for the children social relationship are:1. Want to listen what the students tell. We must respect each other and appreciate to the others. It happens when people is speaking to us, so we must pay attention and listen well. The social relationship with everyone created by communication can run well. 2. Give self confidence.When we give trust to the others to do their tasks, so we must believe that person can responsible for their task, so that that person can be success in their task. When we give believe to the other person to overcome their problem, so we have to be sure that they can do it well. The trust between one and others create harmonious social relationship. 3. Delete unpretentious feeling in disable children.Whoever our frien, we must love them eventhough they have lack (disable). Teacher Kobayashi also teach that children or students can not underestimate those disable person. This case makes children in Tomoe love each other, so that social relationship like friendship will create well without underestimate each other.

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Favouritism: Exploring the ‘uncontrolled’ spaces of the leadership experience

Leadership ◽

10.1177/1742715017749190 ◽

2018 ◽

Vol 15 (3) ◽

pp. 381-397 ◽

Cited By ~ 1

Author(s):

Ofelia A Palermo ◽

Ana Catarina Carnaz ◽

Henrique Duarte

Keyword(s):

Ethical Issues ◽

Social Process ◽

The Other ◽

Structured Interviews ◽

Organisational Justice ◽

Other Hand ◽

The Social ◽

Leadership Experience ◽

The One ◽

The Way

In this paper, we argue that a focus on favouritism magnifies a central ethical ambiguity in leadership, both conceptually and in practice. The social process of favouritism can even go unnoticed, or misrecognised if it does not manifest in a form in which it can be either included or excluded from what is (collectively interpreted as) leadership. The leadership literature presents a tension between what is an embodied and relational account of the ethical, on the one hand, and a more dispassionate organisational ‘justice’ emphasis, on the other hand. We conducted 23 semi-structured interviews in eight consultancy companies, four multinationals and four internationals. There were ethical issues at play in the way interviewees thought about favouritism in leadership episodes. This emerged in the fact that they were concerned with visibility and conduct before engaging in favouritism. Our findings illustrate a bricolage of ethical justifications for favouritism, namely utilitarian, justice, and relational. Such findings suggest the ethical ambiguity that lies at the heart of leadership as a concept and a practice.

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What is the Nature of the Crime of the Delinquent Daughter in Deuteronomy 22:13-21? A Rejoinder to J. Fleishman's Suggestion

Vetus Testamentum ◽

10.1163/156853309x435440 ◽

2009 ◽

Vol 59 (3) ◽

pp. 446-459

Author(s):

Meir Malul

Keyword(s):

Death Penalty ◽

The Other ◽

Exact Nature ◽

Previous Suggestion ◽

Social Community ◽

Legal Proceedings ◽

The Social ◽

The Law ◽

New Interpretation ◽

The One

AbstractThe exact nature of the girl's crime in the law of the delinquent daughter in Deut 22:13-21 is examined, starting by a detailed critique of J. Fleishman's previous suggestion in this journal (vol. 58, pp. 191-210) to construe it in the light of the law of cursing the parents in Exod 21:17 and understand it as an innovation and restriction of the latter law. In his view, the girl's sin is tantamount to cursing her parents, which, like the sin of the glatton and drunkard son according to Deut 21: 18-21, meant the undermining of the parents' authority and status, for which both boy and girl deserved the death penalty. In the following critique, it is underlined that the girl's sin is, first, not one of omission but of commission, and, second, it is not against her parents but against her husband, who is also the one to initiate the legal proceedings. A new interpretation is suggested, according to which the girl's crime, defined in v. 21 as an act of and a deed of, consisted not only in concealing her previous loss of virginity from her husband, thus deceiving him and her parents, but also in duping her husband into committing a sin comparable to that of lying with a menstruating, and thus desolate, woman. Being deprived of virginity, and thus of the socially recognized status of a virgin, she became, like Tamar (2 Sam 13:20), “desolate, forlorn”, an unenviable state from which only her seducer/ravisher could redeem her (thus are the sense and goal of the laws of the seduced virgin in Exod 22:15-16 and Deut 22:28-29). Trying to dupe her husband into steping in and performing what custom and law dictated the other man—the seducer/ravisher—should have done, and thus to arrogate to herself a social status she did not deserve, was then tantamount to undermining social structure and striking at the fibers that constituted the essence and integrity of the social community (cf. Prov 30:21-23).

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Defaming the Dead

10.12987/yale/9780300221541.001.0001 ◽

2017 ◽

Author(s):

Don Herzog

Keyword(s):

Common Law ◽

Tort Law ◽

Dead Person ◽

The Common ◽

The Dead ◽

The Law ◽

The Way

If you defame the dead, even someone who recently died, tort law does not think that’s an injury: not to the grieving survivors and not to the dead person. This book argues that defamation is an injury to the recently dead. It explores history, including the shaping of the common law, and offers an account of posthumous harm and wrong. Along the way, it offers a sustained exploration of how we and the law think about corpse desecration.

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