Legal gaslighting

2021 ◽  
Author(s):  
Alvin Y.H. Cheung
Keyword(s):  
Rule Of Law ◽  
Best Practice ◽  
Authoritarian Regime ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Reforms ◽  
Liberal Democratic ◽  
International Audience ◽  
Democratic Norms ◽  
Do So

Suppose that an authoritarian regime wants to make changes to legal norms or institutions to consolidate its hold on political power. Suppose further that the regime in question cannot simply ignore the domestic or international costs of doing so, and that it has an interest in responding to critiques of these changes based on liberal democratic norms and the rule of law. How can it do so? One possible approach is to sow confusion and undermine the normative standards themselves – in effect, to ‘gaslight’ the domestic or international audience (or both). To that end, a regime might assert that the change it proposes resembles a ‘best practice’ from one or more other jurisdictions. Such emulation need not be thorough, or even sincere; it may suffice simply to assert that a proposed change resembles that in a jurisdiction with ironclad rule-of-law credentials. The changes being adopted may bear no real resemblance to the ‘comparators’ on closer examination. Alternatively, the measures being adopted may be similar on their face, but operate in such a different context that they end up serving a very different function to the function they perform in the comparator jurisdiction. Such gaslighting need not succeed in deceiving outsiders or subjects; undermining the standards by which legal reforms are measured, sowing confusion, or providing a superficial pretext for inaction may be sufficient.

The Enlightenment, Public Memory, Liberalism, and the Post-Communist World

2006 ◽  
Vol 20 (3) ◽  
pp. 395-418 ◽  
Author(s):  
Steven M. DeLue
Keyword(s):  
Eastern Europe ◽  
Rule Of Law ◽  
Public Memory ◽  
The Rule Of Law ◽  
Liberal Democratic ◽  
The Enlightenment ◽  
Political Relationships ◽  
Equal Respect ◽  
Do So

This article discusses the central role of public memory of radical injustice—or the systematic denial by a regime of the principle of equal respect for persons under the rule of law—in creating and preserving a liberal democratic regime. My contention is that, in the aftermath of the Enlightenment, efforts to deny equal respect in a systematic way to entire groups of people must be remembered by a society—indeed, there is a moral obligation to do so. And when these events are remembered, the basis for establishing and maintaining the rule of law in society on behalf of civic equality is more likely. A public memory of radical injustice has become much stronger in the countries of Eastern Europe than in Russia, and I speculate what the consequences of this circumstance are likely to be for the political relationships between Russia and the countries of Eastern Europe.

scholarly journals An Introduction to Abusive Legalism

2018 ◽  
Author(s):  
Alvin Y.H. Cheung
Keyword(s):  
Rule Of Law ◽  
Constitutional Law ◽  
Public Law ◽  
Private Law ◽  
The Rule Of Law ◽  
Liberal Democratic ◽  
Democratic Norms

This project suggests that one response to growing scrutiny of authoritarian tactics is to turn to sub-constitutional public law, or private law. By using “ordinary” law in ways that seem consistent with formal and procedural aspects of rule of law, autocrats can nonetheless frustrate the rule of law and consolidate power, while also avoiding drawing unfavourable attention to that consolidation. I refer to this phenomenon as “abusive legalism.”This project makes three main contributions to the scholarship on authoritarianism. First, it focuses on the use of “ordinary,” sub-constitutional law as a means of maintaining autocratic power, an area which has been under-examined in existing work. Second, it makes the case for a normative critique of such tactics based on a relatively modest conception of the rule of law, rather than from the perspective of liberal democratic norms. Third, it offers a tentative framework for categorising and understanding abusive legalist tactics.

THE WIDENING GYRE: COUNTER-TERRORISM, HUMAN RIGHTS AND THE RULE OF LAW

2008 ◽  
Vol 67 (1) ◽  
pp. 69-91 ◽  
Author(s):  
Arthur Chaskalson
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The Internet ◽  
The Rule Of Law ◽  
Counter Terrorism ◽  
Daunting Task ◽  
The Subject ◽  
Google Search ◽  
Is Value ◽  
Do So

There are two themes that recur in previous Sir David Williams lectures. First, that it is a considerable honour to be invited to give the lecture. Secondly, that it is a daunting task to do so in the presence of Sir David, particularly in a field in which he has expertise. Since that covers most of the law there is no escape from this dilemma. Let me then acknowledge the privilege of having been asked to give this year's lecture, and confess that it is with some trepidation that I do so. The subject, terrorism and human rights, is not exactly uncharted territory. When I looked into the internet for some guidance on what might be relevant to terrorism and human rights, the response to my Google search informed me that in .03 seconds 32,900,000 references had been found. This seemed to indicate that it was unlikely that I would be able to say anything that has not already been said. But there are some subjects that are of such importance that there is value in reminding ourselves of the issues that are at stake, and if necessary for that purpose, repeating what others have said. And it is with that in mind that I approach my chosen topic.

scholarly journals From the Court to the Classroom: Judges’ Work in International Judicial Education

2018 ◽  
Author(s):  
Toby S. Goldbach
Keyword(s):  
Rule Of Law ◽  
Skills Training ◽  
The United States ◽  
Education And Training ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Judicial Education ◽  
And Training ◽  
Scholarly Attention ◽  
The Way

49 Cornell International Law Journal 618 (2016).This Article explores international judicial education and training, which are commonly associated with rule of law initiatives and development projects. Judicial education programs address everything from leadership competencies and substantive review of human rights legislation to client service and communication, skills training on docket management software, and alternative dispute resolution. Over the last twenty years, judicial education in support of the rule of law has become big business both in the United States and internationally. The World Bank alone spends approximately U.S. $24 million per year for funded projects primarily attending to improving court performance. And yet, the specifics of judicial education remains unknown in terms of its place in the industry of rule of law initiatives, the number of judges who act as educators, and the mechanisms that secure their participation. This Article focuses on the judges’ experiences; in particular, the judges of the Supreme Court of Israel who were instrumental in establishing the International Organization of Judicial Training.Lawyers, development practitioners, justice experts, and government officials participate in training judges. Less well known is the extent to which judges themselves interact internationally as learners, educators, and directors of training institutes. While much scholarly attention has been paid to finding a global juristocracy in constitutional law, scholars have overlooked the role that judges play in the transnational movement of ideas about court structure, legal procedure, case management, and court administration. Similarly, scholarship examines the way legal norms circulate, the source of institutional change, and the way “transnational legal processes” increase the role of courts within national legal systems. There is little scholarly attention, however, to judges as actors in these transnational processes. This Article situates judicial education and training within the context of judicial functions as an example of judicial involvement in non-caserelated law reform. This Article challenges the instrumental connection between judicial education and the rule of law, arguing that international judicial education became a solution at the same time that the problem— a rule of law deficit— was being identified. This Article also explores whether international judicial education can stand as an instantiation of a global judicial dialogue. Judges have immersed themselves in foreign relations. They are, however, less strategic in pushing their ideological agenda than literature about judges and politics would suggest. This Article argues that judges experience politics as a series of partial connections, which resemble most legal actors’ engagement with the personal and the political.

scholarly journals MEMBANGUN MORALITAS DAN HUKUM SEBAGAI INTEGRATIVE MECHANISM DI MASYARAKAT DALAM PERSPEKTIF HUKUM PROGRESIF

2021 ◽  
Vol 14 (2) ◽  
Author(s):  
Adam Ilyas ◽  
Dicky Eko Prasetio ◽  
Felix Ferdin Bakker
Keyword(s):  
Rule Of Law ◽  
Legal Practice ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Law And Morality ◽  
The Law

Abstract This study aims to analyze the application of morality to legal practice in Indonesia. This is because the reality of the rule of law today is dominated by a positivist-legalistic phenomenon that prioritizes text but darkens morality's meaning in law. Morality in law seems to be immersed in legal practice that deifies the textual law but neglects the law's moral essence. This research is juridical-normative research oriented towards coherence between the principles of law based on morality and legal norms and legal practice in society. This research's novelty is the development of morality in the rule of law practice by prioritizing two aspects, namely the integrative mechanism aspect of Harry C. Bredemeier with the progressive law of Satjipto Rahardjo. This study emphasizes that efforts to develop law must not forget the elements of morality development. This study's conclusions highlight that the development of law and morality will run optimally by upholding the law as an integrative mechanism and applying progressive law as a solution in facing the lethargy of the Indonesian nation.Keywords: integrative mechanism; morality; progressive lawAbstrak Penelitian ini bertujuan untuk menganalisis penerapan moralitas pada praktik berhukum di Indonesia. Hal ini dikarenakan bahwa realitas praktik berhukum saat ini didominasi oleh fenomena positivistik-legalistik yang mengutamakan teks tetapi menggelapkan makna moralitas dalam berhukum. Aspek moralitas dalam hukum seakan tenggelam dalam praktik hukum yang mendewakan tekstual undang-undang tetapi melalaikan esensi moral dalam undang-undang. Penelitian ini merupakan penelitian yuridis-normatif yang berorientasi pada koherensi antara asas-asas hukum yang bersumber pada moralitas dengan norma hukum serta praktik hukum di masyarakat. Kebaruan dari penelitian ini yaitu pembangunan moralitas dalam praktik negara hukum dengan mengedepankan dua aspek, yaitu aspek integrative mechanism dari Harry C. Bredemeier dengan hukum progresif dari Satjipto Rahardjo. Hasil dari penelitian ini menegaskan bahwa upaya membangun hukum tidak boleh melupakan aspek pembangunan moralitas. Simpulan dalam penelitian ini menegaskan bahwa, pembangunan hukum dan moralitas akan berjalan secara optimal dengan meneguhkan hukum sebagai integrative mechanism serta menerapkan hukum progresif sebagai solusi dalam menghadapi jagat kelesuan berhukum bangsa Indonesia.

4. The Rule of Law

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Rule Of Law ◽  
Antisocial Behaviour ◽  
The Rule Of Law ◽  
Legal Reforms ◽  
History Of ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Complete Series ◽  
Explanatory Text ◽  
The Uk

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter explains the meaning and significance of the rule of law, briefly tracing the history of the rule of law and considering the main similarities and differences between various theories of the rule of law. It then assesses the impact of recent legal reforms on the operations of the rule of law in the UK. These reforms include the introduction of antisocial behaviour orders; the extension of detention without trial; and the Constitutional Reform Act 2005, which reinforces the importance of the independence of the judiciary and puts measures in place to attempt to strengthen the separation of the courts from the other arms of the state. Finally, the chapter discusses judicial interpretation of the rule of law through a selection of cases that have examined the legality, irrationality, or procedural impropriety of the actions of the executive or public bodies, and whether their actions conform to the Human Rights Act 1998.

Citizen-led digital policing and democratic norms: The case of self-styled paedophile hunters

2019 ◽  
pp. 174889581988095 ◽  
Author(s):  
Katerina Hadjimatheou
Keyword(s):  
United Kingdom ◽  
The Netherlands ◽  
Rule Of Law ◽  
Citizen Involvement ◽  
The Rule Of Law ◽  
The United Kingdom ◽  
The World ◽  
Democratic Principles ◽  
Democratic Norms

Citizen involvement in the provision of security is often presented as a win–win way to relieve pressure on police resources while building stronger, more responsible and democratically engaged communities. Governments in countries such as the United Kingdom and the Netherlands have adopted a ‘strategy of responsibilisation’ designed to encourage, enable and support citizens to take on tasks otherwise left for police. Yet, this strategy conspicuously ignores the growing number of citizen-led digital policing initiatives which operate independently without the encouragement or guidance of police. This article considers the implications of this trend for democratic norms in policing. It uses the phenomenon of self-styled paedophile hunters – which are now active in countries around the world – as a case study. The article makes comparisons between such initiatives and other, relatively well-theorised informal security providers, such as vigilante groups and civilian policing. It argues that, like vigilantes, citizen-led digital police often challenge democratic principles of transparency, accountability and the rule of law. Yet, like other civilian policing initiatives, they increase empowerment and participation, and rely for their success on the presence of strong and legitimate institutions of justice, to which they ultimately defer. These characteristics present a discreet set of opportunities and challenges for contemporary policing, which this article argues can only be addressed by strategic police engagement.

scholarly journals Protest und Demokratisierung in Myanmar: Erste Erkenntnisse aus dem „Myanmar Protest Event Dataset“

2018 ◽  
Vol 72 (1) ◽  
pp. 295-304 ◽  
Author(s):  
Andy Buschmann
Keyword(s):  
Rule Of Law ◽  
Economic Transition ◽  
Freedom Of Expression ◽  
Civil Liberties ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Legal Reforms ◽  
Authoritarian State ◽  
The Right ◽  
Human Rights Standards

Abstract Myanmar has been perceived to be in a sociopolitical and economic transition since the semi-civilian government under President Thein Sein took office in 2011. Amongst other things, for a representative democracy to function, citizens have to have the freedom to express their opinions and deliberate them with fellow citizens. This requires the secure granting of fundamental civil liberties, as prescribed in the freedom of expression, association, and assembly. Hence, once in the process of democratization, a formerly authoritarian state has to make significant improvements in the granting and protection of these rights too. To empirically test whether Myanmar has made such improvements since 2011 is the goal of a greater research project I am working on. This research note introduces the project and summarizes first findings. By combining knowledge on legal reforms and protest data from the Myanmar Protest Event Dataset, it is suggested that, in Myanmar, the de jure exercisability and de facto exercise of fundamental civil liberties have significantly improved from 2011 to 2015. Informal methods of suppressing the right to protest, such as arbitrary violence, have increasingly descended while methods that are formally in accordance with the rule of law but still lack compliance with international human rights standards have ascended.

The state of emergency in the Weimar Republic Legal disputes over Article 48 of the Weimar Constitution

2010 ◽  
Vol 78 (1-2) ◽  
pp. 135-158 ◽  
Author(s):  
Marc de Wilde
Keyword(s):  
Rule Of Law ◽  
Weimar Republic ◽  
The State ◽  
Legal Positivism ◽  
Carl Schmitt ◽  
Annual Conference ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Legal Norms

AbstractThe article analyzes the debate on 'constitutional dictatorship' that took place at the first annual conference of the Association of German Constitutional Lawyers in Jena in 1924. In their keynote lectures, Carl Schmitt and Erwin Jacobi argued that Article 48 of the Weimar Constitution authorized the President of the Reich to derogate from the rule-of-law provisions of the constitution if this was necessary to save its 'political substance'. Advocating a 'doctrine of derogation', they implicitly criticized one of the main methodological assumptions of legal positivism, i.e., that legal norms and politics, law and power, had to remain strictly separated. They thereby set the stage for the emerging 'conflict of methods and directions' that was to haunt German jurisprudence in subsequent years.

Forty Years of Public Law

1990 ◽  
Vol 24 (3-4) ◽  
pp. 341-355 ◽  
Author(s):  
David Kretzmer
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Common Law ◽  
Public Law ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Judicial Decisions ◽  
Comprehensive Survey ◽  
Intellectual Revolution ◽  
Do So

It would be impossible in a short lecture to give a comprehensive survey of all the changes that have occurred in the last forty years in that branch of law known as “Israel common law”. I will not, therefore, try to do so. Instead, I wish to single out the most distinctive phenomenon in this area of law. I refer to the conceptual/intellectual revolution in the outlook of the court regarding the nature of its judicial function. The original view, according to which the sole function of the court in the area of public law is to decide disputes between citizens and public authorities, has been abandoned and replaced by an outlook that views the court as an institution responsible for the legality of public administration, or, as the court itself is accustomed to defining the matter, for the rule of law.I shall divide my discussion into two parts. In the first part I will briefly discuss the prominent changes that have occurred in the judicial decisions regarding public law in recent years, and the judicial philosophy underlying these changes.

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