scholarly journals The metamorphosis of the discourse on infancy and crime in Argentina: A review of the field of production of the legal discourse of the Criminal Regime for Minors

2021 ◽  
Vol 11 (3) ◽  
Author(s):  
Paola Colombero
Keyword(s):  
Supreme Court ◽  
Criminal Responsibility ◽  
Legal Discourse ◽  
The Political ◽  
Political Discourses ◽  
Judicial Decisions ◽  
Manufacture Process ◽  
Legislative Framework

This research reviews the manufacture process of legal discourse concerning under-age alleged offenders in Argentina. After describing the legislative framework of the Infant-Juvenile Criminal System the article explores that courts have dealt with much more than just the normative texts. It aims to explain the role taken by a variety of discourses and arguments which emerge from the political, scientific, and journalist fields, and converge in the process of creating the legal discourse. This is exposed in landmark judicial decisions: the Maldonado case, the Fundación Sur case – Argentine Supreme Court – and the Mendoza case – IACHR –. Furthermore, the study analyses a series of political discourses that contributed to establish the hegemonic stance calling to lower the age of criminal responsibility. Finally, the article develops the concept of governing through crime as a type of power intended for harshening punishment and, about BG&A, allows cruel and inhuman punishments.

Politics will raise Argentine Supreme Court doubts

2021 ◽  
Keyword(s):  
Political Parties ◽  
Supreme Court ◽  
Vice President ◽  
Executive Branch ◽  
The Political ◽  
Content Type ◽  
High Profile ◽  
Judicial Decisions ◽  
Political Implications ◽  
The Supreme Court

Significance This relates to its declining efficiency, increasing tensions among its members and pressures from the political parties to influence high-profile judicial investigations involving former Presidents Cristina Fernandez de Kirchner (CFK, now vice-president) and Mauricio Macri. The recent election of Horacio Rosatti as its president has been welcomed by the judiciary as a positive move that could improve the Court’s functioning. Impacts Changes in the Supreme Court will exacerbate the lack of dialogue with the executive branch. Judicial decisions with significant political implications cannot be ruled out before the next presidential election in 2023. The government’s confrontational approach towards opposition parties will make it difficult to select a replacement for Highton.

scholarly journals AUTONOMY AND DECENTRALIZATION IN THE GLOBAL IMPERIAL CRISIS: THE RUSSIAN EMPIRE AND THE SOVIET UNION IN 1905–1924

2018 ◽  
Vol 17 (2) ◽  
pp. 543-560 ◽  
Author(s):  
IVAN SABLIN ◽  
ALEXANDER SEMYONOV
Keyword(s):  
Soviet Union ◽  
Legal Discourse ◽  
Russian Empire ◽  
Institutional Framework ◽  
The Political ◽  
Political Discourses ◽  
Unitary State ◽  
The Soviet Union ◽  
National Federation ◽  
The Russian Empire

This article brings the case of imperial transformation of the Russian Empire/Soviet Union into global discussions about empire, nationalism, and postimperial governance, and highlights the political and legal imaginaries that shaped this transformation, including their global and entangled character. This article argues that the legal and political discourses of decentralization, autonomism, and federalism that circulated at the time of the imperial crisis between the Revolution of 1905 and the adoption of the Soviet Constitution in 1924 contributed to the formation of an ethno-national federation in place of the Russian Empire, despite both the efforts of the Bolsheviks to create a unitary state, and the expectations of a different future among contemporary observers. At the same time, the postimperial institutional framework became a product of political conjunctures rather than the legal discourse. Its weakness before the consolidating party dictatorship made the Soviet Union a showcase of sham federalism and autonomism.

“I'd make thee eat the mischief thou hast vented”: Discourse of Law in Ben Jonson's Catiline His Conspiracy

2017 ◽  
Vol 24 (1) ◽  
pp. 22-45
Author(s):  
Akihiko Shimizu
Keyword(s):  
Early Modern ◽  
Political Discourse ◽  
Legal Discourse ◽  
The State ◽  
The Political ◽  
State Of Emergency ◽  
Gunpowder Plot ◽  
Effective Use ◽  
Legal Procedures ◽  
The Way

This essay explores the discourse of law that constitutes the controversial apprehension of Cicero's issuing of the ultimate decree of the Senate (senatus consultum ultimum) in Catiline. The play juxtaposes the struggle of Cicero, whose moral character and legitimacy are at stake in regards to the extra-legal uses of espionage, with the supposedly mischievous Catilinarians who appear to observe legal procedures more carefully throughout their plot. To mitigate this ambivalence, the play defends Cicero's actions by depicting the way in which Cicero establishes the rhetoric of public counsel to convince the citizens of his legitimacy in his unprecedented dealing with Catiline. To understand the contemporaneousness of Catiline, I will explore the way the play integrates the early modern discourses of counsel and the legal maxim of ‘better to suffer an inconvenience than mischief,’ suggesting Jonson's subtle sensibility towards King James's legal reformation which aimed to establish and deploy monarchical authority in the state of emergency (such as the Gunpowder Plot of 1605). The play's climactic trial scene highlights the display of the collected evidence, such as hand-written letters and the testimonies obtained through Cicero's spies, the Allbroges, as proof of Catiline's mischievous character. I argue that the tactical negotiating skills of the virtuous and vicious characters rely heavily on the effective use of rhetoric exemplified by both the political discourse of classical Rome and the legal discourse of Tudor and Jacobean England.

scholarly journals Authoritarian Populism in Indonesia: The Role of the Political Campaign Industry in Engineering Consent and Coercion

2021 ◽  
pp. 186810342110278
Author(s):  
Inaya Rakhmani ◽  
Muninggar Sri Saraswati
Keyword(s):  
Social Inequalities ◽  
The Political ◽  
Political Elites ◽  
Political Campaign ◽  
Power Struggle ◽  
Young Voters ◽  
Political Discourses ◽  
Authoritarian Populism ◽  
The People

All around the globe, populism has become increasingly prominent in democratic societies in the developed and developing world. Scholars have attributed this rise at a response to the systematic reproduction of social inequalities entwined with processes of neoliberal globalisation, within which all countries are inextricably and dynamically linked. However, to theorise populism properly, we must look at its manifestations in countries other than the West. By taking the case of Indonesia, the third largest democracy and the largest economy in Southeast Asia, this article critically analyses the role of the political campaign industry in mobilising narratives in electoral discourses. We use the Gramscian notion of consent and coercion, in which the shaping of populist narratives relies on mechanisms of persuasion using mass and social media. Such mechanisms allow the transformation of political discourses in conjunction with oligarchic power struggle. Within this struggle, political campaigners narrate the persona of political elites, while cyber armies divide and polarise, to manufacture allegiance and agitation among the majority of young voters as part of a shifting social base. As such, we argue that, together, the narratives – through engineering consent and coercion – construct authoritarian populism that pits two crowds of “the people” against each other, while aligning them with different sections of the “elite.”

The tenure of English judges

1913 ◽  
Vol 7 (2) ◽  
pp. 217-229 ◽  
Author(s):  
C. H. McIlwain
Keyword(s):  
Supreme Court ◽  
Political Science ◽  
Theory And Practice ◽  
The Political ◽  
The Supreme Court ◽  
History Of ◽  
The Subject ◽  
General Object ◽  
William Iii ◽  
Science Association

At the meeting of the Political Science Association last year, in the general discussion, on the subject of the recall, I was surprised and I must admit, a little shocked to hear our recall of judges compared to the English removal of judges on address of the houses of parliament.If we must compare unlike things, rather than place the recall beside the theory or the practice of the joint address, I should even prefer to compare it to a bill of attainder.In history, theory and practice the recall as we have it and the English removal by joint address have hardly anything in common, save the same general object.Though I may not (as I do not) believe in the recall of judges, this paper concerns itself not at all with that opinion, but only with the history and nature of the tenure of English judges, particularly as affected by the possibility of removal on address. I believe a study of that history will show that any attempt to force the address into a close resemblance to the recall, whether for the purpose of furthering or of discrediting the latter, is utterly misleading.In the history of the tenure of English judges the act of 12 and 13 William III, subsequently known as the Act of Settlement, is the greatest landmark. The history of the tenure naturally divides into two parts at the year 1711. In dealing with both parts, for the sake of brevity, I shall confine myself strictly to the judges who compose what since 1873 has been known as the supreme court of judicature.

Judges and the Political Organs of State

2021 ◽  
pp. 212-228
Author(s):  
Tom Hickey
Keyword(s):  
Supreme Court ◽  
Judicial Power ◽  
The Political ◽  
Selection Of

This chapter considers the record of the Irish Supreme Court in its constitutional policing of the two political ‘organs of State’. It outlines the basis upon which the judicial organ enjoys the authority to determine the limits of the powers of the Oireachtas and Government. It explores the various approaches taken by judges and courts in a selection of the main cases in the period 1970–2020. On the powers of Government—and the power of the judicial organ with respect to those powers—it considers the case of Crotty v An Taoiseach. As for the powers of the Oireachtas—and the judicial power in that context—the chapter looks at In re Haughey, Abbeylara and Angela Kerins. Overall, the analysis suggests that Irish judges have not been meek in their constitutional regulation of the political organs, although they have sought to limit their interventions to particular cases and contexts.

scholarly journals Informal networks and judicial decisions: Insights from the Supreme Court of the Philippines, 1986–2015

2018 ◽  
Vol 39 (5) ◽  
pp. 616-633 ◽  
Author(s):  
Björn Dressel ◽  
Tomoo Inoue
Keyword(s):  
Supreme Court ◽  
Political Influence ◽  
The Philippines ◽  
Informal Networks ◽  
Significant Evidence ◽  
Presidential Appointments ◽  
High Profile ◽  
Judicial Decisions ◽  
The Supreme Court

To what extent do informal networks shape the decisions of the Supreme Court of the Philippines? Though often raised in the Philippines, this question has never been studied empirically. To answer it, we constructed a set of social network variables to assess how informal ties, based on university connections and work affiliations, may have influenced the court’s decisions between 1986 and 2015 in 47 politically high-profile cases. Providing statistically significant evidence for the effects of political influence (presidential appointments) and hierarchical pressure (the vote of the Chief Justice) on related networks, our analysis suggests a continuing tension on the Supreme Court bench between professionalism and informality. Because the findings advance both theoretical and empirical understanding of larger issues at the intersection of courts and society throughout the region, we recommend more attention to the role of judicial networks, external to the courts as well as within them.

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