Courts and Conflict Resolution: Problems in the Mobilization of Adjudication

1975 ◽  
Vol 69 (4) ◽  
pp. 1200-1217 ◽  
Author(s):  
Austin Sarat ◽  
Joel B. Grossman

This article attempts to assess the role of courts and other adjudicative institutions in the definition, interpretation, and management of conflict. Understanding the function of courts requires an understanding of a society's entire range of conflict management mechanisms. Particular emphasis is placed on those variables most likely to determine where and how conflicts will be solved.Adjudicative institutions can be effectively differentiated by a typology which measures the level of formality in procedures and the degree of “publicness.” The structure of a dispute-resolving institution will have an important effect on which disputes are presented to it and how they are decided. The nature of the dispute, goals of the disputants, social context, and political culture are also important variables.Government has an important stake in the manner in which disputes arise and are resolved. It may promote or require the resolution of some disputes in the courts while allowing others to be resolved in less public and formal arenas. Formal litigation may provide a model for private dispute resolution. It may also absorb and deflect grievances before they escalate into more organized and intense demands on the political system. Finally, litigation may have an important effect on system stability by promoting support for regime values.

ICR Journal ◽  
2014 ◽  
Vol 5 (1) ◽  
pp. 68-83
Author(s):  
Abdul Kabir Hussain Solihu

Khilafah has been a symbol of the Muslim political system and Islamic politics has often been identified as Khilafah in the same structure it took form in the past. This study argues that Muslims exhausted their energy on political discourse at the expense of other factors which are important for preparing the ground for political maturity. An attempt is made to exhibit normativeness of the Islamic political principles and values and the historicity of the form (Caliphate) it has acquired over the course of Islamic history. Furthermore, greater emphasis is placed on the broader, civilisational sense of Khilafah under which the political sense of Khilafah (Caliphate) is subsumed. In doing so, the study aims to contribute to the discourse on the revitalisation of the contemporary Muslim political culture but through non-political means.


2020 ◽  
Author(s):  
abdul muiz amir

This study aims to find a power relation as a discourse played by the clerics as the Prophet's heir in the contestation of political event in the (the elections) of 2019 in Indonesia. The method used is qualitative based on the critical teory paradigm. Data gathered through literary studies were later analyzed based on Michel Foucault's genealogy-structuralism based on historical archival data. The findings show that, (1) The involvement of scholars in the Pemilu-Pilpres 2019 was triggered by a religious issue that has been through online social media against the anti-Islamic political system, pro communism and liberalism. Consequently create two strongholds from the scholars, namely the pro stronghold of the issue pioneered by the GNPF-Ulama, and the fortress that dismissed the issue as part of the political intrigue pioneered by Ormas NU; (2) genealogically the role of scholars from time to time underwent transformation. At first the Ulama played his role as well as Umara, then shifted also agent of control to bring the dynamization between the issue of religion and state, to transform into motivator and mediator in the face of various issues Practical politic event, especially at Pemilu-Pilpres 2019. Discussion of the role of Ulama in the end resulted in a reduction of the role of Ulama as the heir of the prophet, from the agent Uswatun Hasanah and Rahmatan lil-' ālamīn as a people, now shifted into an agent that can trigger the division of the people.


Author(s):  
Ross McKibbin

This book is an examination of Britain as a democratic society; what it means to describe it as such; and how we can attempt such an examination. The book does this via a number of ‘case-studies’ which approach the subject in different ways: J.M. Keynes and his analysis of British social structures; the political career of Harold Nicolson and his understanding of democratic politics; the novels of A.J. Cronin, especially The Citadel, and what they tell us about the definition of democracy in the interwar years. The book also investigates the evolution of the British party political system until the present day and attempts to suggest why it has become so apparently unstable. There are also two chapters on sport as representative of the British social system as a whole as well as the ways in which the British influenced the sporting systems of other countries. The book has a marked comparative theme, including one chapter which compares British and Australian political cultures and which shows British democracy in a somewhat different light from the one usually shone on it. The concluding chapter brings together the overall argument.


Author(s):  
Richard Whiting

In assessing the relationship between trade unions and British politics, this chapter has two focuses. First, it examines the role of trade unions as significant intermediate associations within the political system. They have been significant as the means for the development of citizenship and involvement in society, as well as a restraint upon the power of the state. Their power has also raised questions about the relationship between the role of associations and the freedom of the individual. Second, the chapter considers critical moments when the trade unions challenged the authority of governments, especially in the periods 1918–26 and 1979–85. Both of these lines of inquiry underline the importance of conservatism in the achievement of stability in modern Britain.


1970 ◽  
Vol 64 (3) ◽  
pp. 754-771 ◽  
Author(s):  
Raymond F. Hopkins

The study of politics in “developing” countries has tended to focus on the less formal organs of government, such as political parties, the military, the bureaucracy, and even the educational system. National legislatures have often been ignored or rated of little significance in the political processes of these states. This practice contrasts markedly with the attention paid to legislatures in Western states. The most obvious explanation for it is that legislatures in new states tend to have little influence. Important decisions and shifts in power are usually made or recorded elsewhere in the political system.The Bunge, or National Assembly, of Tanzania is no exception to this general phenomenon. Nevertheless, an examination of the role of M.P.'s in Tanzania can be illuminating. The Bunge contains most of the major political leaders and has, at least constitutionally, broad authority. As a consequence, if the Assembly is to be only a weak political body, then informal norms limiting the powers of the M.P.'s role must exist. Moreover, these norms should prescribe authority relationships between the legislature and other policy shaping bodies in the political system, particularly the Party. Thus, an analysis of the roles of these men can provide important insights not only into the functions of the Bunge, but also into the elite political culture of Tanzania and the pattern of politics which this culture supports.


1998 ◽  
Vol 29 (1) ◽  
pp. 195-248
Author(s):  
George Barany

Historians and political scientists have already begun to explore different aspects of modern Austria's political culture. But as Helmut Konrad has reminded us, this relatively new concept is loosely defined; he considers “political culture” to mean “the values held by individuals, groups, and society as a whole that affect the behavior of peoplewithin and in relation to the political system of a country.” Lucian Pye stresses the behavioral approach in political analysis to make “more explicit and systematic” our understanding of “such long-standingconcepts as political ideology, national ethos and spirit, national political psychology, and the fundamental values of a people.”


2012 ◽  
Vol 2 (1) ◽  
pp. 150
Author(s):  
Prof. Dr. Razia Musarrat ◽  
Muhammad Salman Azhar

The focus of this research is the Pakistan’s bureaucratic structure and its workings during the Ayub Khan’s regime in Pakistan. Authors explore the political system during the Ayub Khan regime and point out that this system was not really political but that was bureaucratic in its nature where people have least freedom of speech.


Author(s):  
S. Suhak ◽  
L. Shabanova-Kushnarenko ◽  
M. Siruk ◽  
N. Bihun ◽  
A. Mishchenko

Nowadays, the development of information technologies determines the successful functioning of the political system, since they allow to control political processes, prevent social and political conflicts. Increasing the level of reliability of the information, the most effective use of information resources, external and internal information ropes increase the stability of the political system, stability of the socio-political development of the country. The combination of different telecommunication technologies that create the preconditions for building flexible and high-performance service-oriented systems can be used to solve problems in different industries. However, nowadays, one of the constraints on the implementation and further development of such networks is the theoretical under-development of service delivery models, due to the lack of comprehensive information on the structure of data center networks. During the research conducted by the authors, it was found that the data processing center is the basis for informing the defense ministry of Ukraine. During the research, the authors used general scientific methods of analysis and synthesis, as well as the basic provisions of the theory of informatics, the theory of complex technical systems, the theory of information, etc. During the research, the authors substantiated the main tasks that will be performed by the data processing center of the defense ministry of Ukraine, identified the main information and calculation tasks that will be performed by them. The authors also substantiated the requirements for building a data center of the Defense Ministry of Ukraine. The authors evaluated modern technological solutions and software and hardware for the creation of the information infrastructure of the defense ministry of Ukraine. Possible technical and software for building a reliable and secure data processing center of the defense ministry of Ukraine are proposed. Therefore, the prospective direction of further scientific research of the authors should be considered the justification of ways of improvement of informatization of the armed forces of Ukraine and the creation of information infrastructure of the defense ministry of Ukraine are mobile data centers. This will allow the deployment of information infrastructure in various conditions, including in the open space, which is very relevant for the specifics of actions in the east of Ukraine.


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