Open Judiciary in a Closed Society

Author(s):  
Mei Gechlik ◽  
Di Dai ◽  
Jordan Corrente Beck

This chapter examines the open government initiative and the application of open government principles to the court system in China in order to illustrate what “open judiciary”—and, ultimately, an “open state”—looks like in a relatively closed society. The authors present a comprehensive background of China's open government initiative and related court reform efforts, along with critical analysis of trends in “Guiding Cases” (“GCs”), de facto binding precedents released by the Supreme People's Court (SPC) of China, and subsequent cases (“SCs”) that cite GCs. Drawing on these theoretical and empirical studies, the authors discuss the prospects of leveraging China's open government and open judiciary efforts to develop an open state in the country and identify key factors for promoting open judiciary in other closed societies around the world.

2020 ◽  
pp. 1124-1160
Author(s):  
Mei Gechlik ◽  
Di Dai ◽  
Jordan Corrente Beck

This chapter examines the open government initiative and the application of open government principles to the court system in China in order to illustrate what “open judiciary”—and, ultimately, an “open state”—looks like in a relatively closed society. The authors present a comprehensive background of China's open government initiative and related court reform efforts, along with critical analysis of trends in “Guiding Cases” (“GCs”), de facto binding precedents released by the Supreme People's Court (SPC) of China, and subsequent cases (“SCs”) that cite GCs. Drawing on these theoretical and empirical studies, the authors discuss the prospects of leveraging China's open government and open judiciary efforts to develop an open state in the country and identify key factors for promoting open judiciary in other closed societies around the world.


Author(s):  
Okechukwu Ethelbert Amah

Organisations in Africa face constant challenges on account of internal operational issues, and the economic and political situation on the continent. Hence, organisations in Africa and indeed all over the world are expected to be continuously efficient and effective in the use of scarce resources in order to survive. Accordingly, studies conducted all over the world, including in Africa, have established that high employee engagement is beneficial to organisations, because engaged employees exhibit discretionary behaviour that achieves superior business results. However, some studies suggest that organisations are also faced with the undesirable situation in which highly engaged employees experience high levels of work-family conflict. This relationship has implications for both productivity and ethical aspects, and past empirical studies have been unable to suggest a way out. This study proposes that, on the basis of the conservation of resources model and job demand and resources model, organisational and personal resources could play a major role in resolving the dilemma. Hierarchical regression analysis confirmed that organisational resources, servant leadership and personal resources were able to provide a solution, so that individuals with high values of these resources experienced less work-family conflict. The study also discussed the practical implications of the results for HRM and sustainability HRM.


Author(s):  
Michael Goodhart

Chapter 3 engages with realist political theory throughcritical dialogues with leading realist theorists. It argues that realist political theories are much more susceptible to conservatism, distortion, and idealization than their proponents typically acknowledge. Realism is often not very realistic either in its descriptions of the world or in its political analysis. While realism enables the critical analysis of political norms (the analysis of power and unmasking of ideology), it cannot support substantive normative critique of existing social relations or enable prescriptive theorizing. These two types of critique must be integrated into a single theoretical framework to facilitate emancipatory social transformation.


The Oxford Handbook of Musical Repatriation is an edited volume comprising thirty-eight chapters from contributors working in regions all over the world. This collection highlights studies exploring sonic repatriation in its broadest sense in the twentieth and twenty-first centuries. “Sonic” or “musical” repatriation refers primarily to the return of audiovisual archival materials to the communities from which they were initially recorded or collected. Repatriation is overtly guided by an ethical mandate to “return,” providing reconnection and Indigenous control and access to cultural materials—but as the chapters in this collection reveal, there are more dimensions to repatriation than can be described by simply “giving back” or returning archives to their “homelands.” The volume provides a dynamic and densely layered collection of stories and critical questions for anyone engaged or interested in archival work and repatriation projects. Its chapters constitute a body of thoughtful explorations that demonstrate through contemporary examples how negotiating ownership of and access to sonic heritage crosscuts issues involving (and challenges assumptions regarding) memory, identity, history, power, agency, research, scholarship, preservation, performance, distribution, legitimacy, commodification, curation, decoloniality, and sustainability. These examples set a precedent for musical repatriation, while also problematizing the historically transactional nature of returning archives. The Handbook explores these interdisciplinary streams and provides a dynamic space for critical analysis of archives and musical repatriation.


2020 ◽  
Vol 22 (4) ◽  
pp. 528-540
Author(s):  
Euclides Nenga Manuel Sacomboio

The global community is racing to slow down and eventually stop the spread of COVID-19, which is a pandemic that has killed thousands of lives and made tens of thousands sick. The new coronavirus has already reached Angola, with 25 confirmed cases, among them 2 died and 6 were cured. The government has decreed a state of emergency on 24 March 2020 for 15 days, which was extended twice for the same number of days that will make it possible to reduce clusters of people and keep them at home. This study reflected on the diverse ways of leadership. It is an article of theoretical, technical and scientific reflection, based on the experience of a new epidemiological situation, with a critical analysis based on technical, scientific and professional experience, with bibliographic input of data obtained from information published in scientific articles, newspapers, magazines and other official documents published in Angola and worldwide related to COVID-19. This article emerged from critical thinking based on the current situation of COVID-19 in Angola in the world and is reflected in this article, what Angola should learn and learned from the experience of other countries that also imported the disease, their history of investment in health, characteristics of their populations, their economies and other aspects.


2021 ◽  
pp. 174889582110313
Author(s):  
Wilson Hernández ◽  
Katrina R Heimark

Most empirical studies that examine why individuals report property crimes to the police have focused on Global North countries where crime rates are low. This study is situated in the most violent area of the world, Latin America, and examines Peru, which has the highest robbery victimization rate in the Americas. This article examines the applicability of theories of crime reporting in this Global South context using a large sample and multilevel modeling. We find that trust in the police has no impact on the reporting of the robbery of one’s cellphone, purse or wallet. The theories of rational choice and Black’s stratification of law provide strong explanations for the reporting of robbery of these personal items. Individuals of higher social status and those who reside in districts with low levels of social disadvantage are more likely to report, as well as those who have experienced violent victimization.


2008 ◽  
Vol 8 (1) ◽  
pp. 4-10 ◽  

AbstractIn this analysis of the future of our profession, Barbara Tearle starts by looking at the past to see how much the world of legal information has evolved and changed. She considers the nature of the profession today and then identifies key factors which she believes will be of importance in the future, including the impact of globalisation; the potential changes to the legal profession; technology; developments in legal education; increasing commercialisation and changes to the law itself.


Janus Head ◽  
2014 ◽  
Vol 13 (2) ◽  
pp. 125-135
Author(s):  
Keith Moser ◽  

This interdisciplinary essay investigates J.M.G. Le Clézio’s short story “Martin” from the collection entitled La Fièvre (Fever) from the lens of recent empirical studies related to bullying. The 2008 Nobel Laureate in Literature creates a rending portrait of the physical and cerebral anguish suffered by casualties of peer-victimization. The profound inner turmoil experienced by the protagonist Martin mirrors the searing pain felt by millions of innocent victims around the world on a daily basis. Although the nefarious, long-term effects of bullying are often dismissed by misinformed individuals as a reflection of “boys being boys,” research unequivocally demonstrates that bullying is a global pandemic that should be taken seriously. In this disquieting narrative from the early part of his illustrious career, Le Clézio extends an ethical summons to the reader which compels us to think harder about the dire social consequences of bullying. Specifically, the tragic dénouement leaves little room for ambivalence concerning the author’s position related to the anguish experienced by casualties of peer-victimization. In “Martin,” it is the destabilizing realism that attacks the sensibilities of the reader the most. Although this text is a work of fiction, it deeply resonates with the reader given that deplorable incidents, which leave deep inner scars, like the one described in “Martin” occur far too often all across the globe. When analyzed in conjunction with the disconcerting research compiled by international scholars from around the world, “Martin” is an invaluable tool that allows us to catch a small glimpse of the unbearable torment felt by the victims of these heinous crimes.


2020 ◽  
Vol 102 (102) ◽  
pp. 78-91
Author(s):  
Gilbert B. Rodman

Forty years ago, in his seminal essay, 'The Whites of Their Eyes', Stuart Hall admonished the left for its – our – collective failure in figuring out how to fight back against racism effectively. Sadly, his criticism is no less valid today than it was then, and we still have a lot to learn about how to defeat racism once and for all. We've known for more than a century that this thing we call 'race' isn't a scientifically valid phenomenon – and yet it continues to function perfectly well in the world as if it is one anyway. As Hall noted in a 2011 interview, the mere act of unmasking essentialisms and deconstructing binaries doesn't stop them from 'roaring away' in the world, completely undisturbed by our analytic prowess. This essay takes stock of the current state of anti-racist struggles (at least in the US) and offers a critical analysis of how and why our current efforts to combat racism continue to be so ineffective.


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