scholarly journals The Trial Judge: Pilot, Participant, or Umpire?

1969 ◽  
pp. 40 ◽  
Author(s):  
Hugh W. Silverman, Q.C.
Keyword(s):  
Case Law ◽  
Comprehensive Analysis ◽  
Criminal Cases ◽  
Trial Judge ◽  
Open Court ◽  
Civil Cases ◽  
The One ◽  
And Function ◽  
Role And Function

The recent decision in Phillips v. Ford Motor Co. of Canada Ltd. et al.t has reopened question which some might have considered to be somewhat settled: the role and function of the trial judge. Professor Silverman has taken the Phillips decision as cue for making comprehensive analysis of the English and Cana dian case law concerning the trial judge's function, in civil as well as criminal cases. Such issues as the rule requiring the presentation of evidence in open court, the limitations on the trial judge's right to call witnesses, his interference in the examination of witnesses and his intervention in the trial as whole are examined. Professor Silverman notes that although there may be dicta in some criminal and civil cases which apply to both, the better approach for the trial judge is to restrict himself "as much as possible" to the principles set out in cases of the same nature (criminal or civil) as the one before him. However, the author does lay down several general propositions delineating the boundaries of the trial and the role of the trial judge, which are applicable to both criminal and civil cases. Professor Silverman concludes, that although a trial judge may be pilot he "is certainly more than an umpire, watching the sporting-theory of litigation in action; and he is less than participant in that he should not enter into the fray of combat nor take on the mantle of counsel".

scholarly journals FUNGSI DAN PERANAN PEMIMPIN INFORMAL MASYARAKAT KAMPUNG URUG DI KABUPATEN BOGOR JAWA BARAT

2011 ◽  
Vol 3 (1) ◽  
pp. 136
Author(s):  
Tjetjep Rosmana
Keyword(s):  
Daily Life ◽  
The One ◽  
And Function ◽  
Role And Function ◽  
Descriptive Method

AbstrakPemimpin informal dalam suatu kampung adat sangat berperan penting dalam kehidupan sehari-hari, oleh sebab itu eksistensinya tidak dapat dihilangkan. Ia tumbuh dan berkembang serta muncul dari masyarakat, oleh masyarakat, dan untuk masyarakatnya. Oleh karena itu penulis sangat tertarik untuk mengadakan penelitian tentang Kajian mengenai Fungsi dan Peranan Pemimpin Informal pada Masyarakat Kampung Urug, di Kabupaten Bogor. Dengan tujuan untuk mengetahui bagaimana, mengapa dan dalam hal apa saja pemimpin adat di kampung adat tersebut berperan. Dalam penelitian ini digunakan metode deskriptif. Metode ini digunakan untuk memperoleh data seluas-luasnya di lapangan dalam rangka mempelajari kondisi masyarakat yang sedang diteliti. Kegiatan yang dilakukan adalah mencari dan mengumpulkan data mengenai peranan pemimpin adat dalam kehidupan masyarakat. Data dianalisis secara kualitatif dan diharapkan dapat menggambarkan mengenai peranan pemimpin adat. AbstractInformal leaders play an important role in daily life of a kampung adat. Therefore, his existence can not be eliminated. This kind of leaders grow and develop within, by, and for his community. The author is interested in studying the role and function of an informal leader in Kampung Urug in Kabupaten Bogor, in order to know to what extent is his function and role in the community. The author has conducted a descriptive method, the one that is used to get data as vast as possible during fieldwork to study the community in question and collecting information concerning the role of the adat leader in the life of the society. Data were analysed qualitatively and hopefully they can describe the role of the adat leader.

scholarly journals The Role of the Camera in Wojciech Smarzowski’s Films

2019 ◽  
Vol ENGLISH EDITION (1) ◽  
pp. 285-298
Author(s):  
Katarzyna Taras
Keyword(s):  
Free Will ◽  
Digital Camera ◽  
The World ◽  
The One ◽  
And Function ◽  
Role And Function ◽  
The Universe

In this paper, I reflect on the role and function of the camera ’acting’ (that is, the camera placed in the hands of the protagonists of films by Wojciech Smarzowski) that appears on the screen as often as an axe, which as an item is strongly associated with this director’s cinematography. I also refute the ‘digital’ legends of his debut – The Wedding, which has not been recorded using a digital camera, but an analogue one. A camera ‘cast’ in Smarzowski’s film should not be considered an extra, but a full-fledged protagonist, a witness seeing (and therefore recording) more than can be seen by the characters holding it in their hands. This perfectly corresponds with the last shot – perhaps the most characteristic one for the author of the films discussed – the shot in which the One who reigns over the world, but does not interfere with it (since we have free will) gazes at the universe created by Wojciech Smarzowski.

Identifikasi Peran dan Strategi Pelabuhan Bebas Sabang

2020 ◽  
Vol 4 (3) ◽  
pp. 167-178
Author(s):  
Zurayna Sari
Keyword(s):  
Economic Development ◽  
Descriptive Analysis ◽  
Regional Growth ◽  
Maintenance Strategy ◽  
Regional Economic ◽  
Growth Center ◽  
Free Port ◽  
And Function ◽  
Role And Function

ABSTRAKPelabuhan berperan sebagai fasilitas penunjang pusat pertumbuhan regional dalam proses pembangunan ekonomi wilayah. Pelabuhan Bebas Sabang diarahkan sebagai pusat pertumbuhan ekonomi regional dan diharapkan dapat meningkatkan perekonomian Kawasan Sabang. Permasalahan yang dihadapi Pelabuhan Bebas Sabang adalah belum optimalnya peran dan fungsi Pelabuhan Bebas Sabang dalam menunjang perekonomian wilayah. Penelitian ini bertujuan untuk mengetahui peran Pelabuhan Bebas Sabang dalam mendorong perkembangan perekonomian Kawasan Sabang. Lingkup materi yang dibahas mencakup peran-peran Pelabuhan Bebas Sabang, menentukan potensi dan masalah serta upaya-upaya peningkatan peran Pelabuhan Bebas Sabang. Metode analisis yang dilakukan adalah analisis deskriptif dengan pendekatan analisis data kualitatif dan kuantitatif. Alat analisis yang digunakan adalah analisis SWOT IFAS-EFAS. Hasil analisis menunjukkan dalam kurun waktu 4 (empat) tahun terakhir dari tahun 2010-2013, Pelabuhan Bebas Sabang belum optimal dalam menjalankan perannya, sehingga membutuhkan strategi pengembangan dengan pendekatan Agressive Maintenance Strategy (strategi perbaikan agresif), yaitu strategi konsolidasi internal dengan memperbaiki faktor-faktor kelemahan untuk memaksimalkan pemanfaatan peluang.Kata kunci: Pengelolaan, SWOT IFAS-EFAS, WilayahABSTRACTPort was supporting facility of regional growth center in the process of regional economic development. Sabang free port was directed as the center of regional economic growth and expected to raise the economy of sabang. Problems faced by sabang free port was yet optimal role and function in supporting the economy of the region. This study aimed to determine the role of sabang free port in supporting the economic development of sabang. The covered material scope included roles of sabang free port, determining the potentials and problems and efforts of increasing the role of sabang free port. The method of analysis was descriptive analysis with qualitative and quantitative approach. The analytical tool used was the swot ifas-efas analysis. The analysis results showed in the period of 4 (four) years from 2010 until 2013, sabang free port was not optimal in carrying out its role yet, so it requires development strategies with agressive maintenance strategy approach, which is internal consolidation strategy by improving vulnerability factors to maximize the utilization of opportunities.Keywords:, Management, Regional, SWOT IFAS-EFAS

Beyond Bias

2020 ◽  
pp. 736-753
Author(s):  
Chelsea Barabas
Keyword(s):  
Best Practices ◽  
Criminal Law ◽  
Criminal Justice Reform ◽  
Trade Offs ◽  
System P ◽  
Accuracy Measures ◽  
Criminal Legal System ◽  
And Function ◽  
Role And Function

This chapter discusses contemporary debates regarding the use of artificial intelligence as a vehicle for criminal justice reform. It closely examines two general approaches to what has been widely branded as “algorithmic fairness” in criminal law: the development of formal fairness criteria and accuracy measures that illustrate the trade-offs of different algorithmic interventions; and the development of “best practices” and managerialist standards for maintaining a baseline of accuracy, transparency, and validity in these systems. Attempts to render AI-branded tools more accurate by addressing narrow notions of bias miss the deeper methodological and epistemological issues regarding the fairness of these tools. The key question is whether predictive tools reflect and reinforce punitive practices that drive disparate outcomes, and how data regimes interact with the penal ideology to naturalize these practices. The chapter then calls for a radically different understanding of the role and function of the carceral state, as a starting place for re-imagining the role of “AI” as a transformative force in the criminal legal system.

L'etica nella professione forense

2009 ◽  
pp. 163-172
Author(s):  
Angelo Abignente
Keyword(s):  
Public Interests ◽  
Legal Proceedings ◽  
Legal Professionals ◽  
Positive Law ◽  
Conflicting Interests ◽  
Discursive Participation ◽  
The Moment ◽  
The One ◽  
And Function ◽  
Role And Function

- The positive law tradition has hitherto had nothing to say about the legal profession's role and function, focusing more interest on questions of justice, of the legitimisation of power and of the genesis and organisation of normative material. This trend is now subject to a reversal promoted by new, neo-constitutionalist, narrativist, analytical and hermeneutic experiences, which no longer focuses attention on the moment when law is produced, but on the one when it is applied, reappraising and revitalising the function of the judge, of the attorneys and of other legal professionals. The attorney becomes an active protagonist, an intermediary not only between conflicting interests in a controversy, but also between opposing public interests, while the reappraisal of his role stimulates thinking about the ethical dimension of how the legal profession is practised. Referring to the theories of Habermas and of Alexy, the author treats the reasonable status of argumentation as the supreme ethical instance necessary for a decision that interferes in the sphere of another person's action. At the same time, however, the control of the reasonable status of the respective arguments on both sides is the ethical instance required of the attorneys taking part in the legal proceedings. It takes the form of compliance with the rules characteristic of the practical discourse, primarily the rule of free discursive participation that enables the onus of the argumentation to be explained. Ernesto de

scholarly journals Administrative Functions of Implementation, Control of Administrative Decisions, and Protection of Rights

2021 ◽  
Vol 10 (1) ◽  
pp. 1-25
Author(s):  
Ricardo Perlingeiro
Keyword(s):  
Latin American ◽  
Case Law ◽  
Administrative Law ◽  
Administrative Functions ◽  
The One ◽  
Right To Good Administration ◽  
Regulatory Powers ◽  
Administrative Adjudication ◽  
Administrative Justice

Abstract This essay includes a comparative analysis of the traditions of administrative law in Latin American and their impact on the contemporary scene and trends in the general orientations of its administrative justice systems. This analysis is limited to Latin American countries of Iberian origin under the jurisdiction of the Inter-American Court of Human Rights (“I/A Court H.R”). The method followed by the author is to point out the roles attributable to the administrative authorities and to attempt to identify a distinction in Latin America between the “administrative function of implementation”, “control of the legality of administrative decisions” (unrelated to any adjudicative function) and the “protection of rights” (by means of an adjudicative function) while examining their historical genesis and possible future trends. From that perspective, the text discusses certain administrative powers, such as disciplinary or other regulatory powers, and their forms of concrete application; the prerogatives and instruments of the authorities and of their decision-making employees in the exercise of the functions of implementation; the control of administrative decisions by those authorities themselves and by external bodies; and judicial and extrajudicial protection of rights against administrative decisions. The author concludes that Latin American administrative law, despite the fact that its civil-law substantive roots have always coexisted with judicial review typical of common law, is currently tending, on the one hand, to approximate the U.S. model of administrative adjudication and, on the other, to adapt to I/A Court H.R case law with respect to the administrative function of implementation in harmony with the fundamental right to good administration which, combined with a critical re-examination of diffuse control of the legality of administrative rules in court, would safeguard the true role of adjudicating bodies (administrative authorities or courts) in their function of protecting individual rights for the sake of more fair and equitable administrative justice.

scholarly journals Extracellular Vesicles and Thrombosis: Update on the Clinical and Experimental Evidence

2021 ◽  
Vol 22 (17) ◽  
pp. 9317
Author(s):  
Konstantinos Zifkos ◽  
Christophe Dubois ◽  
Katrin Schäfer
Keyword(s):  
Experimental Evidence ◽  
Extracellular Vesicles ◽  
Thrombus Formation ◽  
Experimental Studies ◽  
Cell Types ◽  
Heterogenous Group ◽  
Clearance Mechanism ◽  
And Function ◽  
Role And Function

Extracellular vesicles (EVs) compose a heterogenous group of membrane-derived particles, including exosomes, microvesicles and apoptotic bodies, which are released into the extracellular environment in response to proinflammatory or proapoptotic stimuli. From earlier studies suggesting that EV shedding constitutes a cellular clearance mechanism, it has become evident that EV formation, secretion and uptake represent important mechanisms of intercellular communication and exchange of a wide variety of molecules, with relevance in both physiological and pathological situations. The putative role of EVs in hemostasis and thrombosis is supported by clinical and experimental studies unraveling how these cell-derived structures affect clot formation (and resolution). From those studies, it has become clear that the prothrombotic effects of EVs are not restricted to the exposure of tissue factor (TF) and phosphatidylserines (PS), but also involve multiplication of procoagulant surfaces, cross-linking of different cellular players at the site of injury and transfer of activation signals to other cell types. Here, we summarize the existing and novel clinical and experimental evidence on the role and function of EVs during arterial and venous thrombus formation and how they may be used as biomarkers as well as therapeutic vectors.

scholarly journals Optimizing the Clerics (Religious Scholars) Role in Actualizing Good Governance Concept

2018 ◽  
Vol 1 (1) ◽  
pp. 23-30
Author(s):  
M Muhammadong ◽  
St Habibah ◽  
Dalilul Falihin ◽  
Muhammad Adnan Hudain
Keyword(s):  
Development Process ◽  
Good Governance ◽  
Development Programs ◽  
City Development ◽  
Strategic Decisions ◽  
The Government ◽  
And Function ◽  
Role And Function ◽  
Descriptive Method

The purpose of this research is to describe the role of the clerics to actualize good governance concept in the development of Makassar City. Therefore, clerics are not merely issuing “fatwas” (religious advises) for the sake of society, but also, clerics can also play a role in development process. The method applied in this research is a descriptive method. While the approach applied is a qualitative method because the issues that are studied are phenomenological. The results show that the role of clerics is optimal in actualizing good governance concept in Makassar City development process. The role and function of the clerics can be represented as a community counselor in line with the government's role as servant and protector of society. Moreover, the policy taken by the government has been supported by all the clerics in actualizing development programs for the mutual good of the societies. In making strategic decisions, clerics sometimes contribute and suggestions to the government to improve social support of that decision

4. The course of the trial

Evidence ◽  
2019 ◽  
pp. 140-200
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
Trial Judge ◽  
The Core ◽  
The Subject ◽  
The Right

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the trial judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; witness support; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases. Many of the rules apply to civil and criminal proceedings alike. However, as elsewhere in this book, the accent will be on rules of criminal evidence.

scholarly journals The Future of International Legal Scholarship: Some Thoughts on ‘Practice’, ‘Growth’, and ‘Dissemination’

2013 ◽  
Vol 27 (1) ◽  
pp. 1-10 ◽  
Author(s):  
CARSTEN STAHN ◽  
ERIC DE BRABANDERE
Keyword(s):  
International Law ◽  
Legal Discourse ◽  
Legal Scholarship ◽  
Self Reflection ◽  
The Past ◽  
Niche Area ◽  
And Function ◽  
Changing Role ◽  
Role And Function

Like international legal scholarship, LJIL is in transition. Our colleagues, Larissa van den Herik and Jean d'Aspremont, who have shaped much of the role and plural identity of the journal over the past decade, in collaboration with our different sections, have passed leadership on to us, the new team of (co-)editors-in-chief. This editorial reflects on the changing role and function of scholarship in international law, a theme important to our predecessors and ourselves. This is to some extent a niche area. It has not received much attention in discourse. With some notable exceptions, legal journals are typically reluctant to address overarching meta-issues of discourse, i.e. issues of production of scholarship, the role of journals vis-à-vis other media, or the broader direction of the development of international legal scholarship. Such issues might be perceived as non-scientific by some. We feel that it is important to include such dimensions, including critical self-reflection on our discipline, in international legal discourse.

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