the landscape that decides it all: the officials; the institutions; politics; the judiciary; the police; policy. Why one interpretation and not another? The critical thinker has to remain engaged not only in micro questions within the text, both at the superficial and the deep readings, but also engage in macro questions at the level of law, politics and culture; at the level of text as social fact, as the product of a culture; continuing the search for underlying assumptions. Much law degree study will revolve around ‘fighting’ with the language of and arguments in cases, reconciling, distinguishing and/or following them and explaining differences of interpretation where some might say there are no differences. Students learn an increasingly larger body of rules and, more and more, the overarching context of institutions and culture shrinks into the background. They are interesting from an academic perspective, but cultural legal content has no place in the everyday life of the law and its mediation of competing interests. It is in the interest of these legal institutional values that the legal ‘story’ is the one that covers all. There is a danger that the daily process of doing the law blinds the ‘doers’ who are on the street (the practitioners) to the motivational influences of some institutional creators of law. When deciding what words mean in court, judges make far reaching decisions and maintain that they do not do so on grounds of morality, religion, justice or ethics, but purely as a true interpretation of the words. They support the view that one must believe in the ultimate good of the law and the ultimate ability of the law to determine what the law means. A problem can now be seen. As pointed out above, the law is not an autonomous neutral agent, it is used by people in a political and social role. Legal texts can be analysed as social texts created by social actors. Statutes are texts communicated via words created by politicians in compromise, interpreted by judges for a range of reasons, some explicit some not. The orthodox view is that law is a neutral instrument to achieve a moral society. Law is objective, rational and logical. Can discussions about law ever be justifiably separated from discussions about power, from discussions of law maintaining society and its political ideology. Access to law making power is only available to players in the higher levels of the political machinery or professionals in the higher judiciary. Law is not logical, nor does it have to be. There is social agreement that, for a range of reasons—political, social and moral—English law should be seen to be fair, and outrage when it is thought to be not fair. Statutory rules have attempted to engage in behaviour re-direction. But to apply a rule to a problem requires the clarification of the problem and proof that the facts of the problem as presented are the facts that occurred. Rules have developed which state what must be proved by testimonial or forensic evidence and when evidence itself must be backed up. Due to the developmental strategies of the common law, its orality of proceeding, the breaking away of the courts from the royal household, the ultimate ascendancy of statutory law and the complete reorganisation of the courts of England and Wales in 1875 and 1978, we now have a system of law which is based upon the reaction to arguments presented to those officials who decide which argument is legitimate, be they negotiators in offices, tribunals and juries, magistrates and appellate courts. This system is being challenged, stretched and changed by

2012 ◽  
pp. 319-319
2014 ◽  
Vol 3 (1) ◽  
pp. 117-134
Author(s):  
Michael Herzfeld

AbstractThai political life is caught in a tension, sometimes temporally rendered as an oscillation, between extremes of democracy and egalitarianism on the one hand and authoritarian relics of older structures on the other. The confrontation between Red and Yellow Shirts leading up to the 2014 coup might seem to suggest a binary model of Thai political ideology, but the internal complexities of both groups belie a simplistic model of two parties with diametrically opposed views and homogeneous composition. In this article, I argue that it is more productive to approach these tendencies in terms of political performances by politicians representing mutually overlapping and often strikingly convergent ideological tendencies. With the benefit of hindsight, I analyse the 2004 Bangkok gubernatorial election – and in particular one key rally held at Thammasat University ten days before polling day – as a case study in the value of an approach from what I have called ‘social poetics’ for understanding the dynamics of electoral performance, showing how the relevant social actors play more or less creatively with established norms of electoral conduct.


TEME ◽  
2019 ◽  
pp. 1419
Author(s):  
Bálint Pásztor

The author of the article analyzes the specificities of the normative control of the law, i.e. the procedure of assessing the constitutionality and legality of the law in the Republic of Serbia, with the aim of detecting historical and legal preconditions of the effective functioning of the rule of law. The historical perspective of the development of the constitutional judiciary in the Socialist Federal Republic of Yugoslavia and the Republic of Serbia, as well as the analysis of the experiences of various systems of control of constitutionality and legality, open the contextual, scientific-historical and pragmatic dimensions of understanding. The specificity of the system of normative control is reflected in its triplicity, meaning that three institutes are known that characterize different procedural possibilities (to initiate the process of assessing the constitutionality and legality of general acts). The paper is written in order to point out the dichotomy of the proposal and initiative of the procedure of the assessment of constitutionality and legality, as well as the advantages and disadvantages of the ex officio procedure. Furthermore, the author wanted to point out the essential and procedural differences between the proposal, the initiative and the constitutional complaint, especially analyzing the purpose of retaining the institute of the initiative in the light of the existence of the constitutional complaint and the fact that the initiative does not imply the automation of the initiation of proceedings. The dilemma that the article opens concerns the possibility that in the case of abolishing the initiative as an institution accessible to all, is it possible to preserve the democratic culture and the participation of citizens, furthermore is it possible to abolish the fundamental institutional values and freedoms of a legal state and the rule of law? The paper opens other issues of importance for the establishment of an effective constitutional architecture that concern: the width of the circle of authorized proposers of normative control before the Constitutional Court; the dual role of the constitutional judiciary: on the one hand protection of the Constitution, constitutionality and legality, on the other hand effective protection of human and minority rights and freedoms.


2020 ◽  
Vol 10 (3) ◽  
pp. 43-57
Author(s):  
See Seng Tan

Abstract: The longstanding effort to develop a people-based regionalism in Southeast Asia has been shaped by an inherent tension between the liberal inclination to privilege the individual and the community under formation, on the one hand, and the realist insistence on the primacy of the state, on the other. This article explores the conditions and constraints affecting ASEAN’s progress in remaking Southeast Asia into a people-focused and caring community in three areas: disaster management, development, and democratization (understood here as human rights). Arguably, the persistent gap in Southeast Asia between aspiration and expectation is determined less by political ideology than by the pragmatic responses of ASEAN member states to the forces of nationalism and protectionism, as well as their respective sense of local and regional responsibility.Resumen: El esfuerzo histórico para desarrollar un regionalismo basado en las personas del sudeste de Asia ha estado marcado por una tensión fundamental entre la inclinación liberal de privilegiar el individuo y la comunidad y la insistencia realista sobre la primacía del estado. Este artículo explora las condiciones y limitaciones que afectan el progreso de la ASEAN en la reestructuración de Asia sudoriental en una comunidad centrada en el cuidado de las personas en: gestión de desastres, desarrollo y democratización (i.e., derechos humanos). La brecha persistente en el sudeste asiático entre la aspiración y la expectativa está determinada por las respuestas pragmáticas de los miembros de la ASEAN sometidos a las fuerzas del nacionalismo y proteccionismo, así como su respectivo sentido de responsabilidad local y regional.Résumé: L’effort historique pour développer un régionalisme fondé sur les peuples en Asie du Sud-Est a été marqué par une tension fondamentale entre l’inclination libérale qui privilégie, d’une part, l’individu et la communauté et, d’autre part, l’insistance réaliste sur la primauté de l’État. Cet article explore les conditions et les contraintes qui nuisent aux progrès de l’ANASE dans le cadre d’une refonte de l’Asie du Sud-Est en une communauté centrée et attentive aux peuples dans trois domaines : la gestion des désastres, le développement et la démocratisation (en référence aux droits humains). Le fossé persistant en Asie du Sud-Est entre les aspirations et les attentes est vraisemblablement moins déterminé par l’idéologie politique que par les réponses pragmatiques des États membres de l’ANASE soumis aux forces du nationalisme et du protectionnisme ainsi que par leur sens respectif de la responsabilité locale et régionale.


Author(s):  
Nimer Sultany

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.


Author(s):  
Monica Dapiaggi ◽  
Marco Alloni ◽  
Riccardo Carli ◽  
Nicola Rotiroti ◽  
Giorgia Confalonieri

Abstract The paper presents a quick method for the quantification of nickel species in spent FFC catalysts; the quantification of known quantities NiO and $$\hbox{NiAl}_2\hbox{O}_{4}$$ NiAl 2 O 4 is first done in a matrix of fresh zeolite Y, and then in a complex matrix, similar to the one of a real spent catalyst. The method is carefully checked and the errors in the quantification are critically evaluated. After the validation of the method with known quantities of NiO, well below the law limit for direct re-use, a set of real spent catalysts (representative of a period of 12 months) is analysed. Graphic Abstract


1972 ◽  
Vol 7 (3) ◽  
pp. 373-410
Author(s):  
Aharon Yoran

It is submitted that even if the hapless outsider cannot bring an action for damages because of the existing state of the law regarding fiduciary duties and breach of statutory duties, he still has an equitable remedy of rescission of the contract based on quasi-contractual principles. The crime of fraud, under secs. 13 and 54, respectively, would be made the basis of setting the contract (of sale or purchase) aside. To support this proposition we shall explore the quasi-contractual principles which enable one contracting party, the victim of a crime committed by the other party in entering the contract, to defeat this contract.In Browning v. Morris, in an oft-quoted statement by Lord Mansfield, the following principle was declared: But, where contracts or transactions are prohibited by positive statutes, for protecting one set of men from another set of men; the one, from their situation and condition, being liable to be oppressed or imposed upon by the other; there, the parties are not in pan delicto; and in furtherance of these statutes, the person injured, after the transaction is finished and completed, may bring an action and defeat the contract.


1994 ◽  
Vol 28 (4) ◽  
pp. 739-791 ◽  
Author(s):  
Kartik Kalyan Raman

The role of legal tradition in the reformist rhetoric of Benthamite Utilitarianism presents us with a contradiction. On the one hand, there is the common observation that Utilitarian jurisprudence was necessarily ahistorical and rejected the past as a source of concepts for reworking the criminal justice system existing in Britain during the late eighteenth and early nineteenth centuries. For philosophic reformers such as Bentham, contemporary British criminal justice was to be replaced by a scientific jurisprudence, abstract, universal, and secular in outlook, and antipathetic to the more conservative insistence that the foundations of the penal law continue to be tradition-based. ‘If society was to see any improvement, its law must be reformed; if its law was to be reformed it must be burned to the ground and rebuilt according to a new and rational pattern.’ On the other hand, we find that the very same Utilitarian thinkers, in works describing the state of the law in British India, were concerned with local rather than universal conceptions of criminality. In his 1782 Essay on the Influence of Time and Place in Matters of Legislation, Bentham, for instance, urged the philosophic reformer to temper change in India by fitting Utilitarian judgments about the law to the frames of local society.


2004 ◽  
Vol 32 (1) ◽  
pp. 56-72 ◽  
Author(s):  
Stephen J. Morse

How to respond justly to the dangers persistent violent offenders present is a vexing moral and legal issue. On the one hand, we wish to reduce predation; on the other, we want to treat predators fairly. The central theme of this paper is that it is difficult to achieve both goals without compromising one of them, and that both are being seriously undermined. I begin by explaining the legal theory, doctrine and practice governing dangerous offenders (DO) and demonstrate that the law leaves a gap in the ability to confine them. Next I explore the means by which the law has overtly or covertly sought to fill the gap. Many of these measures, especially the new form of civil commitment for sexual predators, dangerously conflate moral and medical categories. I conclude that pure preventive detention is more common than we usually assume, but that this practice violates fundamental assumptions concerning liberty under the American constitutional regime.


Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.


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