Informal Accountability, Distrust, and Speaking Out

Accountability did not operate solely through formal audits, institutions or legal processes; informal and public forms of accountability were also particularly important, not least as a pressure on Parliament, the East India Company and other institutions (often themselves seen as corrupt), to increase their oversight of officers. Such public accountability could take many forms but the chapter focuses on people (often officials themselves) who made public revelations when they felt that formal accountability mechanisms had failed. These men might now be called ‘whistle-blowers’ but in the pre-modern period their behaviour struggled to achieve legitimacy. The chapter surveys the variety of their motives and shows how they fought to expose and remedy corruption, often using print to do so, before sketching the negative ways in which their institutions reacted to their complaints and publicity.

AKSIOLOŠKE OSNOVE USTAVNE DEMOKRATIJE I POPULIZMA

The paper discusses the axiological foundations of constitutional democracy and populism, as well as the influence of populist movements on law, legal processes, liberal democracy and the state order as a whole. The conceptual definition of populism in the situation of stable functioning of the political system inevitably leads to the conclusion that it represents an anomaly and an absolutely retrograde political phenomenon in the conditions of globalization and constant changes in modern societies. A serious crisis of the political system, that is, consequently, of the state- legal order as a whole, puts things on a completely new basis, providing an opportunity for a deeper and more complete understanding of the phenomenon of populism and its impact on constitutionalism and democracy.

Domestic Violence in Immigrant Communities : Case Studies

Domestic Violence in Immigrant Communities: Case Studies” is a freely accessible eCampus Ontario Pressbook containing case studies of immigrant women experiencing domestic violence to be used as educational materials. The contents were created by analysing closed legal case files of 15 immigrant women living in Ontario who experienced domestic violence. The comprehensive case studies that emerge from this research present domestic violence experienced by immigrant women in all its complexity, highlighting their unique vulnerability at the intersections of race, gender and immigration status. The book also highlights the different legal processes that these women encounter in seeking justice and the challenges they face in relation to re-establishing their own lives and the lives of their children. In addition to the cases, the book contains questions for reflection; a description of legal processes involved in DV cases, and a glossary of the terms used throughout the case studies. This interactive Pressbook is an ideal resource for social work and legal practitioners, including students in social service work, social work and law programs, in order to increase their understanding about the complexity of domestic violence cases in immigrant families and develop strategies for culturally informed interventions.

Friction, Fragmentation, and Diversity

This collection focuses on difficult memories and diverse identities related to conflicts and localized politics of memories. The contemporary and history-oriented case studies discuss politicized memories and pasts, the frictions of justice and reconciliation, and the diversity and fragmentation of difficult memories. The collection brings together methodological discussions from oral history research, cultural memory studies and the study of contemporary protest movements. The politicization of memories is analyzed in various contexts, ranging from everyday interaction and diverse cultural representations to politics of the archive and politics as legal processes. The politicization of memories takes place on multiple analytical levels: those inherent to the sources; the ways in which the collections are utilized, archived, or presented; and in the re-evaluation of existing research.

Native Title as Displaced Mediator

This article considers how native title is a legal manifestation of settler colonialism that operates as a displaced mediator. Using native title cases from Australia and elsewhere, this article argues that native title displaces Indigenous laws, customs, and practices in constructing native title holders as ‘traditional’ to mediate their integration into the so-called ‘modern’ nation. Legal processes construct native title and then retroactively posit that these legal constructions pre-exist the Crown’s acquisition of sovereignty. This provides legal support for the Crown’s acquisition of sovereignty and Aboriginal and Torres Strait Islander peoples who assert native title claims become subjects who aver and reproduce the myth that the Crown acquired sovereignty over them. Native title displaces more unsettling, decolonising practices but produces the appearance of justice through the production of existential and material benefits for its subjects. Northern Territory v Griffiths (2019) 364 ALR 208 (‘Timber Creek’) demonstrates this.

Fundamentals of Marine Forensics

This paper serves as a guide to be employed by one not familiar with the marine forensic process to assist in completing a competent marine forensic investigation. It also provides the basic forensic processes with guidance so the inexperienced forensic investigator can complete his or her investigation, confident that the result will withstand the scrutiny the work will face as it is studied by peers or presented in the legal processes that may include trial

Recognizing the Needs and Challenges in Handling the Victims of Sexual Violence: Learning from the Experiences of ‘Forum Pengada Layanan’

<p>This article will describe the research’s result on the experiences of the members of ‘Forum Pengada Layanan’ or Service Provider Forum (FPL), a civil society initiative, in handling the victims of sexual violence. Through FPL's experience, this article will analyze the importance of legal protection and the availability of financial and human resources, in handling and protecting victims of sexual violence. This research was conducted using mixed methods, through surveys and in-depth interviews. This article concludes that the legal umbrella regarding the elimination of sexual violence with victims’ perspective would provide stronger foundation for protection, legal processes, and the availability of resources in handling cases of sexual violence in Indonesia.</p>

Grounded accountability in life-and-death high-consequence healthcare settings

PurposeThe paper examines interviewee insights into accountability for clinical governance in high-consequence, life-and-death hospital settings. The analysis draws on the distinction between formal “imposed accountability” and front-line “felt accountability”. From these insights, the paper introduces an emergent concept, “grounded accountability”.Design/methodology/approachInterviews are conducted with 41 clinicians, managers and governors in two large academic hospitals. The authors ask interviewees to recall a critical clinical incident as a focus for elucidating their experiences of and observation on the practice of accountability.FindingsAccountability emerges from the front-line, on-the-ground. Together, clinicians, managers and governors co-construct accountability. Less attention is paid to cost, blame, legal processes or personal reputation. Money and other accountability assumptions in business do not always apply in a hospital setting.Originality/valueThe authors propose the concept of co-constructed “grounded accountability” comprising interrelationships between the concept’s three constituent themes of front-line staff’s felt accountability, along with grounded engagement by managers/governors, supported by a culture of openness.

Hukum Seputar Risywah dalam Perspektif Hadis Nabi

This study aimed to analyze: (i) the position of hadiths about risywah; (ii) the legal view of the hadiths concerning risywah; (iii) the form of risywah application based on these hadiths; and (iv) the solution of the Prophet's hadiths in eradicating the phenomenon of risywah. This research was qualitative descriptive research with lafzi and thematic methods (mawdlu'i). The results showed several things. First, there are a number of hadiths of the Prophet that generally be used as arguments (legal basis) in discussing risywah and its application in the life of mankind. Second, the hadiths of the Prophet turned out to be the same conclusion that risywah is an act that gets a curse from Allah and becomes a very strong foundation to establish the prohibition of risywah. Third, the hadiths of the Prophet also provide some examples of applications from risywah itself, among others: giving gifts to officials or state officials, giving bribes with the intention of canceling legal processes or provisions, and giving bribes in an effort to escape from an obligation. Fourth, hadiths of the Prophet (s) provide solutions to prevent and eradicate risywah that have proven effective in the prophetic era and also in the era of Khulafa' al-Rasyidun, among others in the form of coaching (tarbiyah) faith in officials and state apparatus, improving the system of supervision and audit of the wealth of officials and authorities, and the determination and imposition of strict sanctions to people who are proven to be involved in risywah.