“The Principle of the Codification We Recommend Has Never Yet Been Understood”

The words of Henry Bellenden Ker, Law Commissioner, quoted as the title of this response, were truer than he knew. In protesting that the commissioners' project was less radical than was alleged by the opponents of codification, he sought principally to gain parliamentary time and space for consideration of the commissioners' work. However, his words contain a deeper vein of truth. The work of the law commissioners has been praised and criticized, celebrated and ignored, over the past one hundred and fifty years, but never yet properly understood. Even as the commissioners' reports have been plundered by successive generations of legal scholars in search of doctrinal and theoretical support for their own very contemporary concerns, there has been a continuing neglect of the commissioners' overall project and little attempt to link it to the significant transformations in punishment and the administration of criminal justice that were occurring in the same period. Accordingly, any reassessment of the commissioners' work should address these two issues: understanding their project as a whole and placing codification within the general historical context of the modernizing of the state and institutions of criminal justice. It is these two concerns that the commentators address in their responses.

Download Full-text

Israel: Is COVID-19 Expected More Than a War? (The Increase in Customs Value in Israel, Due to the COVID-19 Increase in Transport Prices - The Problem, and the Solution)

Regular issue - International Journal of Management and Humanities ◽

10.35940/ijmh.k1353.0751121 ◽

2021 ◽

Vol 5 (11) ◽

pp. 20-23

Author(s):

Omer Wagner ◽

Keyword(s):

The State ◽

Transportation Costs ◽

The Past ◽

The Law ◽

Made In

Sea freight prices have risen sharply, due to the COVID-19 crisis, global shortages of ships, declining competition in the field, and containers of contagious demand. The increase in transportation costs leads to the increase in the value of goods for customs purposes, and to a further collection of customs duties. The Israeli law allows the state to facilitate importers and waive the extra customs duties, and similar and other facilitations have been made in the past. Therefore, all that is required is the flexibility and activation of goodwill on the part of the state, when interpreting the law.

Download Full-text

INTERVIEW WITH PROFESSOR RAFAEL SANZIO ARAÚJO DOS ANJOS – CIGA-UNB / PROJECT GEOAFRO TO NOVA ESCOLA REVIEW

Revista Eletrônica Tempo - Técnica - Território / Eletronic Magazine Time - Technique - Territory ◽

10.26512/ciga.v6i2.21939 ◽

2016 ◽

Vol 6 (2) ◽

pp. 92-96

Author(s):

Rafael Sanzio Araújo dos Anjos

Keyword(s):

Decision Making ◽

Indigenous Population ◽

The State ◽

Brazilian Population ◽

The Past ◽

Rural Zone ◽

History Of ◽

The Law ◽

Colonial Brazil

The LDB (Lei de Diretrizes e Bases) of 1996 does not mention the Quilombolas Communities. We know that in some aspects the problems with the access to schools are similar to the problems faced in the riverine communities, in the rural zone, and in the indigenous population, for example. Both specified on the law. Which would be the followed orientation when we talk about quilombos?- It is important not to lose sight that exists in space and in the Brazilian population a large territory and people not part of the “Official Brazil”. In this context, we can insert the quilombolas populations, which were excluded secularly of the country and of the priority actions in the decision-making sector. Prejudice and exclusion mark the history of Africa in Brazil and the quilombos, which are considered “the past of Colonial Brazil”, had recently started to have attention of the State and one of them is in the Transitory Devices of the Federal Constituion of 1988.

Download Full-text

Reflections on Prosecutorial Independence and Impartiality in South Africa: The Recent Jurisprudence of the Courts

Southern African Public Law ◽

10.25159/2522-6800/7030 ◽

2021 ◽

Vol 35 (2) ◽

Author(s):

Ntombizozuko Dyani-Mhango

Keyword(s):

South Africa ◽

Criminal Justice ◽

Judicial Independence ◽

The Past ◽

Its Analysis ◽

Political Interference ◽

Effective Administration ◽

Recent Developments ◽

The Law ◽

Constitutional Jurisprudence

Prosecutorial independence and prosecutorial impartiality are important for the effective administration of criminal justice in South Africa. These two concepts are interconnected and yet they are distinct, and distinguishable from judicial independence and judicial impartiality. In the past decade or so, controversy has surrounded and allegations have been made of political interference with prosecutorial independence and impartiality in South Africa. This article reflects on recent developments in the exercise of prosecutorial independence and impartiality in South Africa. The interest was sparked by recent constitutional jurisprudence in developing the law on prosecutorial independence and impartiality. In its analysis of the courts’ jurisprudence on prosecutorial independence, the article further demonstrates that this jurisprudence has had an influence in determining the independence of other institutions responsible for the administration of criminal justice.

Download Full-text

Conclusion

Nationalizing Sex ◽

10.1093/oso/9780190871840.003.0011 ◽

2019 ◽

pp. 217-228

Author(s):

Richard Togman

Keyword(s):

Population Growth ◽

The State ◽

Comparative Perspective ◽

Time And Space ◽

The Past ◽

The Creation ◽

Insight Into

Chapter 11 concludes the book and reflects on the lessons that can be learned from a holistic overview of the past three hundred years of governments’ attempts to manipulate the fertility of their populations. Reiterating the fundamentally discursive nature of the meaning of birth, fertility, and population growth to our societies allows for reflective insight into the nature of state attempts to manipulate the decision by millions of individuals about whether to reproduce. The global comparative perspective in both time and space, the identification and typologization of the five main discursive frames, and the rooting of the analysis in the discursive terrain allow the major questions of who, what, when, where, and why regarding government efforts to control the reproductive powers of the population and the creation of a sexual duty to the state to be answered.

Download Full-text

The New Precariousness: Temporary Migrants and the Law in Canada

Canadian Journal of Law and Society / Revue Canadienne Droit et Société ◽

10.3138/cjls.27.2.209 ◽

2012 ◽

Vol 27 (2) ◽

pp. 209-229 ◽

Cited By ~ 13

Author(s):

Sarah Marsden

Keyword(s):

Migrant Worker ◽

Historical Context ◽

Migration Status ◽

The Past ◽

Alternative Approach ◽

Economic Participation ◽

The Law ◽

Legislative Changes ◽

Temporary Migrants ◽

Migration Law

AbstractIn this article, I argue that precarious migration status can be used as an organizing concept for an analysis of (im)migration law in Canada. After situating the regulation of precarious migrants in the historical context of the liberal/neo-liberal shift of the 1970s, I argue that the increase in migrant precariousness over the past few years is likely to increase as a result of recent legislative changes in both refugee and migrant-worker law. Finally, I offer a critique of the traditional liberal argument for migrant rights, inviting an alternative approach to establish migrant rights on the basis of economic participation.

Download Full-text

اسلامی تصورِ احتساب اور عدلیہ پر اس کا اطلاق

Al-Duhaa ◽

10.51665/al-duhaa.002.02.0088 ◽

2021 ◽

Vol 2 (02) ◽

pp. 67-80

Author(s):

Kh. Awais Ahmed Khawaja ◽

Muhammad Arif Khan ◽

Dr.Uzma Begum

Keyword(s):

Significant Role ◽

Islamic Law ◽

The State ◽

Islamic History ◽

The Past ◽

The World ◽

The Law ◽

The Right

Accountability has a very significant role in Islamic law. The process of accountability is very important for the amelioration of the state, society, family, and individual in the world. Some orders are issued for rectification and some matters are ordered to be avoided. The execution of these prohibited acts leads to accountability in society. Furthermore, many people are given powers to carry out the affairs of the state, the misuse of which can lead to great catastrophe. Hence, it is very critical to hold accountable those who hold these positions from time to time. One of these influential positions is that of the judiciary to which the Islamic concept of accountability is very substantial. Now the question is, what is the concept of accountability in Islam? And what was the exercise of accountability of the judiciary in the Qur'an and Hadith and Islamic history? This matter will be discussed in this manuscript. This research will refer to the introduction of accountability using authoritative citations to illustrate the Islamic concept of accountability, its sources, and strategies. How did accountability apply to the judiciary in Islamic history? Specimens are also included in this study and will be discussed. The importance of this research and its results will be disclosed in the conclusion. We will know that Islamic law has comprehensive laws of accountability, and how this sector has been kept on the right track by applying the law of accountability to the judiciary in the past.

Download Full-text

Child-friendly Justice and Procedural Safeguards For Children in Criminal Proceedings: New Momentum for Children in Conflict with the Law?

Bergen Journal of Criminal Law & Criminal Justice ◽

10.15845/bjclcj.v8i1.3188 ◽

2020 ◽

Vol 8 (1) ◽

pp. 17

Author(s):

Ton Liefaard

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Research Agenda ◽

Justice System ◽

Criminal Proceedings ◽

The Past ◽

Core Elements ◽

Child Friendly ◽

The Law ◽

Justice Systems

Child-friendly justice has its focus on on the effective participation of children in justice systems. During the past decade the concept, grounded in international children’s rights, has become meaningful for justice systems in Europe and beyond. Despite its flaws and gaps, it has the potential of making justice systems more accessible for children, including the (juvenile) criminal justice system with its particular complexity. However, in order to understand its true potential more research is needed. This article elaborates on the concept of child-friendly justice and sheds light on a research agenda around its core elements.

Download Full-text

3. What is ‘justice’?

10.1093/he/9780198835837.003.0003 ◽

2021 ◽

pp. 55-93

Author(s):

Steve Case ◽

Phil Johnson ◽

David Manlow ◽

Roger Smith ◽

Kate Williams

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Criminal Law ◽

Justice System ◽

Social Issues ◽

The State ◽

Government Institutions ◽

Absolute Sense ◽

The Law

This chapter examines justice in an absolute sense, and also justice in the context of the criminal justice system. The criminal justice system is the set of rules and practices under which government institutions and agencies act in order to prevent or control crime, to deal with those who break the law, and to support victims. ‘Justice’ in the context of ‘criminal justice’ refers to the extent to which the system aims to prevent or reduce offending; ensures that those who are accused, convicted, and sentenced are treated fairly (justly); and works to support victims and communities. Justice should be guaranteed by the law, especially the criminal law, in any state and should be clearly present in all decisions about crime and social issues made by those working for the state. As such, justice is core to almost every aspect of the criminal justice system. The chapter also considers broad definitions of justice; frameworks called criminal justice models on which understandings of justice in the criminal justice system can be anchored; philosophical ideas about the concept of justice; and the main systems used to bring about criminal justice.

Download Full-text

Akses Keadilan Sebagai Perlindungan Hukum Bagi Perempuan Berhadapan Dengan Hukum Dalam Sistem Peradilan Pidana

Hukum dan Masyarakat Madani ◽

10.26623/humani.v9i1.1445 ◽

2019 ◽

Vol 9 (1) ◽

pp. 72

Author(s):

Ani Triwati

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

The State ◽

Access To Justice ◽

Political Rights ◽

Civil And Political Rights ◽

The Law ◽

The Republic ◽

The Right

<div>Negara mengakomodir hak setiap orang termasuk hak perempuan berhadapan dengan hukum dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Perempuan berhadapan dengan hukum mempunyai hak untuk memperoleh akses keadilan. Sebagai negara yang telah meratifikasi Kovenan Internasional tentang Hak-Hak Sipil dan Politik dengan Undang-Undang Nomor 12 Tahun 2005 tentang Pengesahan International Covenant on Civil and Political Rights, Indonesia berpedoman pada Konvensi tersebut dalam mewujudkan persamaan semua orang di hadapan hukum dan peraturan perundang-undangan, larangan diskriminasi serta menjamin perlindungan yang setara dari diskriminasi, termasuk jenis kelamin atau gender. Selanjutnya, Indonesia sebagai pihak dalam Konvensi Penghapusan Segala Bentuk Diskriminasi Terhadap Perempuan (Convention on the Elimination All of Forms Discrimination Against Women/ CEDAW) mengakui kewajiban negara untuk memastikan bahwa perempuan mempunyai akses keadilan dan bebas dari diskriminasi dalam sistem peradilan (pidana). Dalam upaya memberikan akses keadilan, negara menjabarkan jaminan hak perempuan berhadapan dengan hukum dalam peraturan perundang-undangan. Sistem peradilan pidana merupakan salah satu upaya dalam memberikan akses keadilan sebagai perlindungan bagi perempuan berhadapan dengan hukum melalui perlindungan terhadap hak-hak perempuan selama pemeriksaan dalam setiap tahap peradilan. The rights of every person including rights of women encounter the law are accommodated by the state based on the Constitution of the Republic of Indonesia of 1945. Women’s in law having the right in terms of accessing justice. As a nation that ratify the International Covenant on Civil and Political Rights with Law Number 12 of 2005 regarding the legitimation of the International Covenant on Civil and Political Rights, Indonesia refers to the convention in realizing the equality of all people before laws and regulations, prohibition of discrimination and guarantee the equal protection from any form of discrimination, including gender. Furthermore, Indonesia as a part in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) admit the obligation of the state to ensure that women are capable accessing justice and exempt from discrimination in the criminal justice system. In an effort to provide access to justice, the state elucidates the guarantee of the rights of women’s in the laws within the law regulations. Therefore, The criminal justice system is the one of an effort providing access to justice as well as the protection for women’s in law through the protection of women's rights during investigation at every stage of justice.</div>

Download Full-text

Revising and Re-voicing a Silenced Past

Suomen Antropologi Journal of the Finnish Anthropological Society ◽

10.30676/jfas.v44i1.75068 ◽

2019 ◽

Vol 44 (1) ◽

pp. 51-69

Author(s):

Katja Uusihakala

Keyword(s):

Prime Minister ◽

Historical Context ◽

The State ◽

British History ◽

Moral Transformation ◽

The Past ◽

Child Migration ◽

Political Act ◽

Southern Rhodesia ◽

The Relationship

Focusing on Prime Minister Gordon Brown’s apology to British child migrants in 2010, this article proposes that public apology, as a moral and political act, is a compelling site for examining attempts to redefine and redress previously silenced pasts. Postwar child migration has been something of a silenced chapter in British history. In my research I examine one such child migration scheme, namely a project which sent select British children (aged 4 to 13) to colonial Southern Rhodesia—today’s Zimbabwe—between 1946 and 1962. Through this case, I discuss two intertwined aspects of the transformative intentions of apologizing. First, the apology aims at amending the relationship between the apologizer and the victims and at remodeling the recipients’ political subjectivities. Second, the apology discloses distinct, but contradictory, understandings about the relationship between past, present, and future. It emphasizes the continuous effects the past has in the present, but simultaneously purports to create a temporal break with the past, marked by a moral transformation of the state. However, although the apology aspires and has potential to give voice to those previously silenced and to re-articulate a more legitimate version of the past, its framing eliminates the broader historical context of the Empire. Thus, while partially overcoming silences, the article suggests, the apology also reproduces and reinforces others.

Download Full-text