scholarly journals Legal Reform Discourse in Indonesia and Global Context: How Does The Law Respond to Crime

2020 ◽  
Vol 1 (2) ◽  
pp. 193-196
Author(s):  
Ridwan Arifin
Keyword(s):  
Legal Reform ◽  
Global Context ◽  
The Law

scholarly journals Law Enforcement and Legal Reform in Indonesia and Global Context: How the Law Responds to Community Development?

2019 ◽  
Vol 1 (1) ◽  
pp. 1-4
Author(s):  
Indah Sri Utari ◽  
Ridwan Arifin
Keyword(s):  
Law Enforcement ◽  
Community Development ◽  
Legal Reform ◽  
Law Reform ◽  
Legal Cases ◽  
Global Context ◽  
The Law

Law enforcement in Indonesia has its own complexities, as law reform which has its challenges. The first edition of the Journal of Law and Legal Reform presents ten articles relating to law enforcement and law reform in various sectors. In general, this edition tries to look at various facts that occur in the community, where in a number of legal cases considered unable to respond to rapid developments in the community.

scholarly journals Legal Development and Globalization: Some Contemporary Issues in Indonesia and Global Context

2020 ◽  
Vol 1 (3) ◽  
pp. i-iv
Author(s):  
Ridwan Arifin
Keyword(s):  
Law Enforcement ◽  
Legal Reform ◽  
Law Reform ◽  
Original Research ◽  
Law And Development ◽  
Global Context ◽  
Legal Development ◽  
Rapid Changes ◽  
The Law ◽  
The Impact

When there is society, there always law, ubi societas ibi ius, has been impressed us that society always changes everyday and it impacted to the law enforcement itself. The inability of the law to respond the rapid changes even disruptive changes in the society raises its own problems in one hand, and challenges in the other hands. At this third issue, Journal of Law & Legal Reform Volume 1 Issue 3 (April 2020) presents some articles both original research articles and review articles from various institution and country. At this issue, the editor team highlight the focus theme “Law and Development in Disruptive Era (Indonesia and Global Context)” to give a high impression that this volume not only debating the contemporary issues concerning to legal development, but also the impact of law changes or law reform in the society itself.

Milton and Legal Reform

2016 ◽  
Vol 69 (2) ◽  
pp. 529-565 ◽  
Author(s):  
Alison A. Chapman
Keyword(s):  
Seventeenth Century ◽  
John Milton ◽  
Legal Education ◽  
Legal Reform ◽  
Judicial System ◽  
The Law ◽  
Local Courts ◽  
Political Pamphlets ◽  
Contemporary Context

AbstractThe second half of the seventeenth century was the first great period of legal reform in England’s history. This article situates John Milton in relationship to this contemporary context, arguing that he comments frequently on the need to change England’s laws and displays a finely tuned awareness of some of the major legal debates of his time. This article surveys Milton’s writings about the law and legal education, and it concludes by examining his 1659–60 political pamphlets where he calls for reform of the judicial system and the establishment of local courts.

Access to Justice

2019 ◽  
Author(s):  
Richard Susskind
Keyword(s):  
Legal Reform ◽  
Access To Justice ◽  
The Future ◽  
The Law

Two related phrases are commonly used in discussions about the courts and judges. The first is ‘access to justice’ and the second is ‘justice according to the law’. Like motherhood and apfelstrudel, these seem to be ideals whose merits are beyond debate. However, some deeper digging suggests that the scope and meaning of these concepts are far from self-explanatory. They are innocuous enough as terms of art, and often deployed to lend some force or lustre to arguments about social and legal reform. But if we are to be clear about online courts and the future of justice, we need to be clearer about these fundamental notions. Accordingly, in this chapter, I explore and extend the concept of access to justice, arguing that much of the literature and debate on this topic is too narrowly conceived. I defer until the next chapter the notion of justice according to the law, where I argue that this is also a more complex notion than is generally allowed.

2. Actus reus

2021 ◽  
pp. 39-84
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Legal Reform ◽  
Mens Rea ◽  
Problem Type ◽  
Actus Reus ◽  
The Law ◽  
Type Question

This chapter provides an overview of actus reus, which refers to the ‘external elements’ of an offence. These external elements do not simply relate to D’s conduct. Rather, as we will see, the actus reus of an offence includes any offence elements outside of the fault element (‘mens rea’) of the offence. Before discussing the elements that form the actus reus, this chapter considers the distinction between actus reus and mens rea. It then describes the three elements of actus reus: conduct, circumstances, and results. It also explains the categories of actus reus offences, omissions liability, and causation before concluding with sections that outline potential options for legal reform and a structure for analysing the actus reus of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgment.

4. Interaction of actus reus and mens rea

2019 ◽  
pp. 127-145
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Correspondence Principle ◽  
Criminal Liability ◽  
Legal Reform ◽  
Mens Rea ◽  
Problem Type ◽  
Actus Reus ◽  
The Law

This chapter focuses on the interaction between actus reus and mens rea in proving criminal liability. It first considers how actus reus and mens rea relate to one another within the structure of an offence before discussing the issues that also emerge when applying offence requirements to a set of facts. As an example, it explains how every element (conduct, circumstance, and result) of an offence includes an actus reus requirement and a corresponding mens rea requirement. It also examines the correspondence principle and the doctrine of transferred malice, along with the coincidence principle. Finally, it outlines potential options for legal reform and a structure for analysing the actus reus and mens rea of an offence when applying the law in problem-type questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.

2. Actus reus

2019 ◽  
pp. 37-81
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Legal Reform ◽  
Mens Rea ◽  
Problem Type ◽  
Actus Reus ◽  
The Law ◽  
The Mind ◽  
Type Question

This chapter provides an overview of actus reus, which refers to the ‘external elements’ of an offence. An actus reus is not simply about the movements of the accused, that is, her conduct. Rather, it includes any offence requirement that is external from the mind of the accused: anything that is not mens rea. Before discussing the elements that form the actus reus, this chapter considers the distinction between actus reus and mens rea. It then describes the three elements of actus reus: conduct, circumstances, and results. It also explains the categories of actus reus offences, omissions liability, and causation before concluding with sections that outline potential options for legal reform and a structure for analysing the actus reus of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgment.

scholarly journals Effective Participation of Mentally Vulnerable Defendants in the Magistrates’ Courts in England and Wales—The ‘Front Line’ from a Legal Perspective

2020 ◽  
pp. 002201832095711
Author(s):  
Helen Howard
Keyword(s):  
Legal Reform ◽  
Legal Aid ◽  
Front Line ◽  
England And Wales ◽  
Legal Professionals ◽  
Legal Reforms ◽  
Legal Perspective ◽  
The Law ◽  
Law Commission

Mentally vulnerable defendants who struggle to effectively participate in their trial in the magistrates’ courts are not receiving the same protection as those who stand trial in the Crown Court. The Law Commission for England and Wales recognised this lacuna and suggested that the law relating to effective participation should be equally applicable in the magistrates’ courts. On closer examination of the law, the legal aid system and perspectives of legal professionals on the ‘front line’, it is clear that improvements in policy are of greater importance than legal reform and are more likely to meet the needs of these vulnerable individuals. The aim of this paper will be to demonstrate that reform of the law will be insufficient to adequately protect mentally vulnerable defendants in the magistrates’ courts and that changes in policy are needed in place of, or alongside, legal reforms.

Euthanasia, Death with Dignity and the Law. By Hazel Biggs. [Oxford: Hart Publishing. 2001. xvi, 174 and (Index) 5 pp. Hardback £25.00 net. ISBN 1–84113–091–5.]

2002 ◽  
Vol 61 (2) ◽  
pp. 463-492
Author(s):  
WendyE. Hiscox
Keyword(s):  
United Kingdom ◽  
Human Dignity ◽  
Legal Reform ◽  
Self Determination ◽  
Voluntary Euthanasia ◽  
Death With Dignity ◽  
The Public ◽  
Perceived Need ◽  
The United Kingdom ◽  
The Law

The voluntary euthanasia debate in the United Kingdom has a lengthy history, and the public continues to grapple with the possible legalisation of the practice. Hazel Biggs enters into this debate with Euthanasia, Death with Dignity and the Law, a timely contribution that has as its focus the question of whether legal reform to accommodate active voluntary euthanasia is an appropriate response to a perceived need for the option of “death with dignity”. The book’s seven discrete chapters explore aspects of the overall theme of achieving dignity in dying through the mechanism of euthanasia, from the perspectives of clinicians, patients and others who are indirectly affected. Emphasis on “autonomy”, “self-determination” and “human dignity” permeates the text and underpins the author’s stated position in favour of legal reform.

A Revolution in The Law of Succession of Malawi

1966 ◽  
Vol 10 (1) ◽  
pp. 21-32
Author(s):  
Simon Roberts
Keyword(s):  
Legal Reform ◽  
Customary Law ◽  
Legal Development ◽  
The Law ◽  
Law Of Succession

The enactment in Malawi of the Wills and Inheritance (Kamuzu's Mbumba Protection) Ordinance, 1964, represents the most significant attempt at legal reform there in recent years. Its importance lies in the fact that it seeks to impose uniformity in an area of the law which had previously been dominated by diverse systems of customary rules. This piece of legislation is in no sense a codification or a restatement of the customary law; it strikes at the very roots of the existing customary systems. Although it is not the first attempt at reform in this area, it is novel in its ambitious aims and unequivocal implications of policy. Because of this, the degree of success which it enjoys will be closely followed by all those interested in the legal development of modern African states.

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