The Language of Justice in Northern Iberia Before AD 1000

Author(s):  
Wendy Davies

This chapter represents an examination of the nature of the records that describe judicial court procedure in northern Iberia in the 9th and 10th centuries. It reveals that most records do not derive from court proceedings but from subsequent construction, sometimes for very partial reasons. This allows us a better understanding of process on the ground and some perception of the power relations that derive from controlling the record.

Author(s):  
Brynne D. Ovalle ◽  
Rahul Chakraborty

This article has two purposes: (a) to examine the relationship between intercultural power relations and the widespread practice of accent discrimination and (b) to underscore the ramifications of accent discrimination both for the individual and for global society as a whole. First, authors review social theory regarding language and group identity construction, and then go on to integrate more current studies linking accent bias to sociocultural variables. Authors discuss three examples of intercultural accent discrimination in order to illustrate how this link manifests itself in the broader context of international relations (i.e., how accent discrimination is generated in situations of unequal power) and, using a review of current research, assess the consequences of accent discrimination for the individual. Finally, the article highlights the impact that linguistic discrimination is having on linguistic diversity globally, partially using data from the United Nations Educational, Scientific and Cultural Organization (UNESCO) and partially by offering a potential context for interpreting the emergence of practices that seek to reduce or modify speaker accents.


ALQALAM ◽  
2017 ◽  
Vol 34 (2) ◽  
pp. 47
Author(s):  
Joko Priyanto

Religion Blasphemy addressed to Jakarta Governor who is also a candidate for Jakarta Governor Election 2017 is the beginning of a series of polemic along process of Jakarta Governor Election 2017. This case triggers friction between Islamic society as a civil society and government as authority. This research explored this case by using theory of power relations Foucault. The result shows that the mass movement of Islamic society is power from Islamic society knowledge. Power structure tries to discipline this movement by hegemony in form of discourse. However, hegemonic discourse from civil society (Islamic society) also tries to challenge. The fight of hegemonic in form of discourse becomes so viral in all media, element and institution. This research shows that the discourse of Leader and Diversity is a signifier empty which be contestation of giving meaning.   Keywords: knowledge, power, Foucoult, religion.


Author(s):  
Nicholas B. TORRETTA ◽  
Lizette REITSMA

Our contemporary world is organized in a modern/colonial structure. As people, professions and practices engage in cross-country Design for Sustainability (DfS), projects have the potential of sustaining or changing modern/colonial power structures. In such project relations, good intentions in working for sustainability do not directly result in liberation from modern/colonial power structures. In this paper we introduce three approaches in DfS that deal with power relations. Using a Freirean (1970) decolonial perspective, we analyse these approaches to see how they can inform DfS towards being decolonial and anti-oppressive. We conclude that steering DfS to become decolonial or colonizing is a relational issue based on the interplay between the designers’ position in the modern/colonial structure, the design approach chosen, the place and the people involved in DfS. Hence, a continuous critical reflexive practice is needed in order to prevent DfS from becoming yet another colonial tool.


Author(s):  
Christian Gilliam

Christian Gilliam argues that a philosophy of ‘pure’ immanence is integral to the development of an alternative understanding of ‘the political’; one that re-orients our understanding of the self toward the concept of an unconscious or ‘micropolitical’ life of desire. He argues that here, in this ‘life’, is where the power relations integral to the continuation of post-industrial capitalism are most present and most at stake. Through proving its philosophical context, lineage and political import, Gilliam ultimately justifies the conceptual necessity of immanence in understanding politics and resistance, thereby challenging the claim that ontologies of ‘pure’ immanence are either apolitical or politically incoherent.


2015 ◽  
Vol 24 (1) ◽  
pp. 1-21
Author(s):  
Eberhard Bort

The decisive No vote in the Scottish independence referendum on 18 September 2014 was not a vote for the constitutional status quo, although it confirmed that Scotland would remain part of the United Kingdom. The referendum outcome is likely to have far-reaching consequences for the power relations between London and Edinburgh and, perhaps more than expected, for the constitutional future of the entire UK. A tight timetable for the delivery of extra powers for the Scottish Parliament is in place, and the ‘elephant in the room’, the constitutional status and governance of England, is now firmly on the agenda. There is also pressure for decentralisation in Scotland itself. And the huge ‘democratic awakening’ which characterised this ‘national conversation’ about Scotland's future, with massive democratic participation and a record turnout, demands that these changes will have to be brought about in a participative way – and not ‘top-down’, as a Westminster or Holyrood ‘stitch-up’.


CORAK ◽  
2013 ◽  
Vol 1 (2) ◽  
Author(s):  
Renta Vulkanita Hasan

Culture growing in Indonesia and overseas intrinsically dynamic. Nature of culture as a result of human creativity is always moving and displacement. When his journey to the vibrant place anyway, culture is likely to mix with the native culture which then grow and develop into a new culture. Culture is a strong factor that affects the mindset. Over time, society has a way of looking at the world deal, behave, and interact with each other. In other words, they have their own color and pattern of the deal while making rules in social life. Yogyakarta in Java, which is known as one of the cultural centers of Java development, especially ritual Grebeg Maulud. Ritual Grebeg Maulud over time reflecting the constantly changing movement of social change, culture, politics, economics and society in his day. Ritual is a means of connecting Grebeg Maulud transcendental between man and God (Manunggaling Kawula-Gusti) and guidance from the teachings of the holy book (Islam). But this time Grebeg Maulud also has another function, namely as a spectacle. This suggests a cultural shift from the sacred to the profane. Batik as a dress code in the Carnival celebrations Grebeg Maulud is one reflection of the existence of culture in Yogyakarta Palace. The use of batik in a ritual procession Grebeg Maulud is a tradition that continues to this day. Batik palace is considered one of the symbols of the existence of power relations by creating a specific motive for a particular class. Dynamism of culture led to the use of batik is not only a marker of power relations, but also as an exciting treat for the fashion show at the Carnival lasts Grebeg Maulud.Keyword: Grebeg, Maulud, representations, clothing, batik, palace, Yogyakarta


2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 


2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.


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