scholarly journals Daughters of Heaven: A Law and Literature Analysis

2021 ◽  
Author(s):  
◽  
Hannah Mae Loke

<p>This paper conducts a law and literature review of the play Daughters of Heaven by Michelanne Forster. The text portrays the murder of Honora Rieper by Pauline Parker and Juliet Hulme, and the trial that ensued. This paper explores the play’s depiction of the insanity defence in light of the law of the time and in the context of Christchurch society of the time. The social influence on the application and interpretation of the law is explored via the character of Bridget in particular, who is clearly influenced by Forster’s own views. Forster does not make an explicit ‘good or bad’ judgment on the law, but her shock and disbelief of the events is evident throughout the text. Her use of legal concepts is predominantly for entertainment purposes, and as such is mostly basic and undetailed. This does not, however, detract from Daughters of Heaven from being a dramatically gripping and compelling work.</p>

2021 ◽  
Author(s):  
◽  
Hannah Mae Loke

<p>This paper conducts a law and literature review of the play Daughters of Heaven by Michelanne Forster. The text portrays the murder of Honora Rieper by Pauline Parker and Juliet Hulme, and the trial that ensued. This paper explores the play’s depiction of the insanity defence in light of the law of the time and in the context of Christchurch society of the time. The social influence on the application and interpretation of the law is explored via the character of Bridget in particular, who is clearly influenced by Forster’s own views. Forster does not make an explicit ‘good or bad’ judgment on the law, but her shock and disbelief of the events is evident throughout the text. Her use of legal concepts is predominantly for entertainment purposes, and as such is mostly basic and undetailed. This does not, however, detract from Daughters of Heaven from being a dramatically gripping and compelling work.</p>


Author(s):  
Linda Demaine ◽  
Robert Cialdini

This chapter explores “social influence and the law,” which we conceptualize as consisting of three parts: (1) social influence in the legal system, (2) the legal regulation of social influence in our everyday lives, and (3) law as an instrument of social influence. Within each part, we identify the primary topics that psychologists have studied empirically and review the existing research. The chapter thus highlights the many and varied contributions of psychologists related to social influence and the law. The chapter also reveals a marked imbalance in the social influence and law literature—the vast majority of psychological research falls within the first part, despite the fact that the second and third parts capture equally or more important topics from both legal and psychological viewpoints. We end the chapter by explaining this uneven distribution of effort and urging psychologists to take a broader approach to social influence and the law.


2021 ◽  
pp. 25-45
Author(s):  
Gary Watt

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. There are many kinds of trusts performing different functions. Private family trusts of the orthodox type are different from special trusts such as pension trusts and charitable trusts, and the so-called ‘NHS trust’. The diversity of functions performed by trusts explains why there is diversity within the law of trusts. This chapter provides an overview of trusts, including their usefulness, how they differ from other legal concepts (contracts, debt, powers, agency), the different trust types, the role of trusts in asset protection and the social significance of trusts. It looks at special categories of trusts and trustees, including bare trusts, protective trusts, pension fund trusts and asset protection trusts.


2020 ◽  
Vol 6 (1) ◽  
pp. 101-124
Author(s):  
Douglas Antônio Rocha Pinheiro

This article is based on the Law and Literature methodology. It analyzes the shortage of contemporary utopian narratives. The object of analysis are the characteristics of constitutionalism in light of literary categories from dystopian literature – especially regarding Philip K. Dick’s “Minority Report”. Thus, this paper examines to what extent the contemporary paranoia – both subjective and systemic – has strengthened court decisions based on pretentious illicit conspirations, as well as institutional solutions justified by the prospective use of automated processes, supposedly neutral and efficient. This paper also discusses the incorporation of a certain time paradigm of contemporary cultures, which is linear and unidirectional, with a rigid differentiation between past, present and future. Such conception creates temporal ghettos, besides imposing a dominant social rhythm that frustrates the very protective trait of constitutionalism, regarding the life projects of vulnerable minorities. Thus, this work reflects upon the fragility of the argumentative integrity seen in certain judicial sentences which are justified by consequentialist lines of thought, and which, by projecting future catastrophic effects for possible decisions, end up legitimizing opposite outcomes. In conclusion, the need for overcoming fear as the fundamental feeling in the social, institutional power is discussed.


2021 ◽  
Vol 23 (1) ◽  
pp. 60-78
Author(s):  
Perdana Putra Pangestu

One of the nusantara scholars with famous work inscriptions is Nawawi al-Bantani. These works are recorded in a multidisciplinary scope, one of which is Qami 'al-Tughyan. The significance of this research lies in the influence of environmental factors of Nawawi in the nusantara which have an influence on the style of writing, especially in the field of hadith. This study aims to reveal the facts of causality with the orientation of the literature analysis surrounding Nawawi's notes in compiling the Qami' al-Tughyan. The author will take an inductive qualitative approach by conducting a literature review through related literatures, derived from the object variables in the first ten sections (syu'bah) of the book Qami 'al-Tughyan. Then, the data will be explored in order to produce comprehensive and optimal research results. This research proves that the work recording model used by Nawawi is a causal representation of the situation in the nusantara, especially with regard to the practice of imperialism towards the indigenous people.


1989 ◽  
Vol 34 (5) ◽  
pp. 450-451
Author(s):  
William P. Smith

Author(s):  
Yaroslav Skoromnyy ◽  

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.


Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.


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