History of DNA Profiling Evidence in the Judicial System

2018 ◽  
pp. 1-15
Author(s):  
Jane Moira Taupin
Keyword(s):  
Dna Profiling ◽  
Judicial System ◽  
History Of

TRANSFORMATIONS IN THE JUDICIAL SYSTEM OF THE SMOLENSK REGION (1917–1922)

2020 ◽  
pp. 165-175
Author(s):  
Konstantin Kupchenko ◽  
Nikolay Fedoskin
Keyword(s):  
The State ◽  
Economic Consequences ◽  
Judicial System ◽  
State Archive ◽  
Red Army ◽  
History Of ◽  
Legal Foundations ◽  
Party State ◽  
State Regional ◽  
Soviet Experience

The article analyzes the results of the state policy implementation withing the formation and development of the Soviet judicial system on the example of Smolensk Governoral Court. The authors set the goal, based on the analysis of sources not introduced into a wide scientific circulation, primarily stored at the State Archive of the Smolensk Region to restore the history of the creation and operation of justice institutions in the Smolensk region in the 1918s–1923s. The source base of the study was composed of documents stored at Smolensk State Regional Archive, materials on the history of the judiciary, statistical materials of the period under the study, documents on the history of the party-state bodies of the Smolensk region. The article studies current office documentation of both the higher and regional state bodies (Workers 'and Peasants' Government, People's Commissariat of Justice, Smolensk Governoral Executive Committee) and local authorities (Smolensk Council of Working People's Deputies, Executive Committee of Smolensk Governoral Council of Workers, Peasants' and Red Army Deputies), as well as Smolensk Governoral Court. The authors analyze the Soviet experience in the formation and development of judicial bodies under specific historical conditions; they consider transformations in the judicial system of the Smolensk Governorate in the 1917s–1922s, as well as the formation of Smolensk Governoral Court. The article studies legal foundations of the Soviet judicial system formation, characterizes processes of creating a judicial apparatus in the first years of Soviet power and analyzes activities of Smolensk Governoral Court during its formation. The authors reveal the essence, degree of efficiency, concrete results, political and socio-economic consequences, positive and negative lessons from the Soviet judicial system existed in Russia. The authors assume that the development of new legislation system in the 1920s was caused by the need to reform legal sources as the main means of socialism building. The authors conclude that the transformation of the Soviet judicial system completed the transition from the principle of «revolutionary expediency» to the principle of «revolutionary legality».

Scandinavian Thing-steads

Antiquity ◽  
1928 ◽  
Vol 2 (7) ◽  
pp. 328-336
Author(s):  
F. Wildte
Keyword(s):  
Judicial System ◽  
Christian Faith ◽  
The South ◽  
The West ◽  
History Of ◽  
History Of Law ◽  
English Speaking ◽  
The Many ◽  
Judicial Systems

The Scandinavian peoples emerge into the light of history much later than their neighbours in the South and the West, the Teutons on the Continent and in England. It was only through the Viking raids that the Nordic peoples came into touch with the rest of Europe, and were gradually converted to Christianity. Long after the introduction of the Christian faith they preserved many peculiar and archaic traits. Thus the Nordic peoples retained, with great tenacity and conservatism, their ancient judicial system. This system has therefore been the object of considerable interest even outside Scandinavia, although the manuscripts through which it has become known are much later than the corresponding documents of other Teutonic nations.An investigation of the localities where justice was dispensed in former ages is of importance not only for the history of civilization, but also as a complement to the study of oral and written tradition, and thus to the history of law itself. In view of the many points of similarity between the judicial systems of the various Teutonic nations, some notes on the Thing-steads, or places of assembly, in Sweden, Norway, and Denmark, may perhaps be of interest to English-speaking readers.

scholarly journals Analysis of the Jurisdiction of the Courts of First Instance of Turkey

2019 ◽  
Vol 12 (5) ◽  
pp. 79
Author(s):  
Ravil R. Zainashev ◽  
Idris M. Gilmanov ◽  
Muhamat M. Gilmanov
Keyword(s):  
Legal System ◽  
Scientific Research ◽  
Judicial System ◽  
European Countries ◽  
Legal Procedure ◽  
Criminal Offenses ◽  
History Of ◽  
Simplified Procedures ◽  
Criminal Matters ◽  
Justice Of The Peace

The article presents three periods from the history of the legal system of Turkey, the knowledge of which will allow for objective scientific research. Indeed, each period has contributed to the development of the judicial system. Of particular importance will be the attitude of the legislator to the justice of the peace in criminal matters with a maximum sentence of up to 1 year in prison. The latter since 2014 were abolished and their load was redistributed to a higher authority. France did likewise, which also rejected justice of the peace. In addition, this study addresses the issues of the accelerated process, which was either introduced or canceled. In Russia, a simplified legal procedure has been successfully applied. Most European countries apply simplified the legal procedure to criminal offenses for which the maximum sanction of punishment is up to five years in prison. In Turkey, a simplified legal procedure was applied to criminal offenses with a maximum sentence of up to 2 years in prison. Despite a small sanction and tendencies in other countries to introduce simplified procedures, the Turkish legislator refused this practice.

scholarly journals The Paradoxical Use of the Term Sulh: An Analytical Study from Quranic Perspective

2020 ◽  
Vol 16 (1) ◽  
pp. 1-14
Author(s):  
Muhammad Rafiqul Hoque ◽  
Muhammad Mustaqim Mohd Zarif
Keyword(s):  
Qualitative Study ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Analytical Study ◽  
Judicial System ◽  
The West ◽  
The World ◽  
History Of ◽  
Two Sides

Dispute resolution systems are broadly divided into two sides namely Judicial Dispute Resolution (JDRS) and Non-Judicial Dispute Resolution Systems (NJDRS). The first one is more formal, and the latter is informal which is known as Alternative Dispute Resolution (ADR) all over the world. Though ADR is claimed to be a great innovation of the West, it is found to be practiced in the Islamic Judicial System from its very inception. ADR was practiced throughout the history of Islamic Judiciary as sulh. However, the use of the word sulh in the meaning of ADR needs to be explained in the present judicial context. Scholars sometimes discussed sulh as a system parallel to ADR and sometimes as a process, which creates confusion in its multiuse. Hence, this study aims at eliminating this confusion on the paradoxical use of the term sulh as a system for dispute resolution as well as a process of that system. At present, hardly any study has precisely differentiated between them. Thus, this qualitative study focuses on discussing it primarily from the perspectives of the Quran, documented sources as well as interviews. The major finding of this study is that sulh, comparing with present day ADR, does not need to be used paradoxically. The main contribution of the study is to propose a clarification of sulh in the line of ADR fruitfully. The findings of this study are not only useful in clarifying the exact meanings of the term as used in different contexts but also applicable to solve problems faced by arbitrators involved in various indigenous traditional dispute resolution systems such as shalish in Bangladesh and elsewhere.

Consensual Dispute Resolution with Same-Sex Couples

2018 ◽  
pp. 133-146
Author(s):  
Diane M. Goodman ◽  
Mariette Geldenhuys
Keyword(s):  
Dispute Resolution ◽  
Judicial System ◽  
Same Sex ◽  
Same Sex Couples ◽  
Professional Needs ◽  
History Of ◽  
Similarities And Differences ◽  
Collaborative Law

This chapter discusses the role of consensual dispute resolution (CDR), which allows parties to resolve their disputes outside of the judicial system, in same-sex relationship dissolutions. Two forms of CDR are mediation and collaborative law. In mediation, the parties meet with a neutral professional who helps the parties identify and resolve their disputes. In collaborative law, each party is represented by a collaborative attorney. The chapter, outlines characteristics of mediation and collaborative law, including their similarities and differences, and the tenets of a collaborative divorce. It then describes how the history of discrimination in the courts has affected LGBTQ families and made the use of CDR a more satisfactory and safe way to uncouple. It examines the unique issues that arise for some LGBTQ clients. Lastly, it reviews the skills a CDR professional needs to work with LGBTQ clients.

Divide and Then Preside: the Dilemma of the First Asian President of the Permanent Court of International Justice in the Age of Empires: a Review Essay on Yanagihara Masaharu and Shinohara Hatsue Eds, Adachi Mineichirō (2017)

2019 ◽  
Vol 21 (3) ◽  
pp. 421-442
Author(s):  
Tomoko Akami
Keyword(s):  
International Law ◽  
Review Essay ◽  
Historical Development ◽  
Review Article ◽  
International Justice ◽  
Judicial System ◽  
National History ◽  
International History ◽  
History Of ◽  
History Of International Law

Abstract Adachi Mineichirō was the first non-European and the first Asian President of the Permanent Court of International Justice (1931–1934). This review article introduces the first substantial study of Adachi, focusing on his path of ‘becoming’ one of a few leading international jurists with non-Euro-American backgrounds in his period. This review essay demonstrates that by examining this Japanese diplomat and jurist, the book, written in Japanese, contributes to the debates on the history of international law in two significant ways. First, it reveals the fundamental issues in the development of the international judicial system, namely the nature of international jurists, empires and the principle of the equality of national sovereignty, and the significance of the roles of non-Euro-American actors in shaping the system. Secondly, it demonstrates the necessity of the inter-disciplinary collaboration between international law, international history and specific regional and national history, as well as methodological challenges in evaluating the historical development of the system.

PRAVOSUĐE (KRIVIČNO) KAO VID JAVNE SLUŽBE

2021 ◽  
pp. 445-457
Author(s):  
Marija Milojević ◽  
Keyword(s):  
Public Service ◽  
Public Services ◽  
Legal Theory ◽  
Judicial System ◽  
General Interest ◽  
Legal Literature ◽  
History Of ◽  
Services Of General Interest ◽  
Mutual Comparison ◽  
Citizen Service

The author gives an overview of the judicial system through the prism of the French legal theory of public services, according to which the state is a set of public services, namely legislative, administrative and judicial public services. The paper contains a theoretical analysis of the notion of state power and then the notion of public service, services of general interest and French legal theory. Within the concept of public service, the author gives an overview of the history of the emergence of public services. Furthermore, the notion of the judicial system is defined as a type of judicial power and as a type of judicial public service on the other hand for the purpose of their mutual comparison and more detailed analysis. Emphasis is also placed on criminal justice as a part of the judiciary that also provides services of general interest. The aim of the paper is to point out that the judiciary is not only a power, a syntagm that most often appears in the legal literature and practice, but that it also contains elements of public service and represents a kind of "citizen service".

Legal Diversity in the Age of Taqlid: the Four Chief Qadis Under the Mamluks

2003 ◽  
Vol 10 (2) ◽  
pp. 210-228 ◽  
Author(s):  
Yossef Rapoport
Keyword(s):  
Legal System ◽  
Turning Point ◽  
Judicial System ◽  
The Other ◽  
Legal Rules ◽  
Other Hand ◽  
History Of ◽  
School Affiliation

Sultan Baybars' decision to appoint four Chief Qādīs , one from each of the Sunni schools of law, has long been recognized as a turning point in the history of the madhhabs. To date, historians have explained this decision only in political or ideological terms, paying little attention to its implications for the judicial system. Here I argue that the purpose of the new quadruple structure of the judiciary was two-fold: to create a uniform but at the same time flexible legal system. The need for predictable and stable legal rules was addressed by limiting qādīs' discretion and promoting taqlīd , i.e., adherence to established school doctrine. The establishment of Chief Qādīs from the four schools of law, on the other hand, allowed for flexibility and prevented the legal system from becoming too rigid. The quadruple judiciary enabled litigants, regardless of personal school affiliation, to choose from the doctrines of the four schools.

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