Professional Education and Training in Indonesia

The professional training of the judges may influence their interpretation of justice. In terms of the training of judges, the influence of training may shape the judicial interpretation of justice. Despite the absence in the literature on the formation of the professional identity of the judiciary in Indonesia, Indonesian judges develop their professional identity through a training process which enables them to consider ‘justice' in their sentencing. The authors found that trainee judges learn the three most important forms of justice: legal justice, moral justice, and social justice. Concerning sentencing, the primary aim of training is to raise awareness of some of the tensions between those three forms of justice when sentencing. The judge will also learn from training that judges would be required to reconcile the often-competing forms of justice. In this chapter, the authors furtherconsider the way the judges reconcile the often-competing forms of justice.

ANALYSIS OF THE VIABILITY OF LIFESTYLE AUDIT AS AN ANTI-CORRUPTION TOOL IN KENYA

Purpose: The main objective of this paper was to assess whether lifestyle audit as an anti-corruption tool is viable. Methodology: The study was based on a desk review of existing studies and documented statistics. Further, legal framework and case laws were cited. A narrative analysis was performed and at this point the information was interpreted by comparing the results with the results of other empirical studies. This information was interpreted using the “stories in the stories” and linked to the existing literature. Results: The study found that lifestyle audit is a viable tool for fighting corruption. However, there are challenges in the legal framework, particularly on the implementation. The study noted that the viability of lifestyle audits depends on judicial interpretation, political will and more importantly addressing of the current software and hardware issues existing in the current legal framework. Recommendation: The study calls for political will to ensure the Lifestyle Audit Bill 2019 is not watered down by judicial interpretation. It further recommends that the political will should be accompanied by executive action to fight corruption through wealth declaration.

Unlawful Occupiers, Eviction and the National State of Disaster: Considering South Africa's Emergency Legislation and Jurisprudence During COVID-19

This article analyses how emergency regulations protected persons living in urban poverty, particularly unlawful occupiers, from eviction during the COVID-19 pandemic in South Africa. It is set against the socio-economic and environmental effects of unlawful occupiers being forced onto the streets through evictions. It examines the judicial interpretation and application of the COVID-19 regulations on the prohibition of the eviction of unlawful occupiers, together with remedies for compensation for demolished dwellings. Ultimately, the article shows that the regulatory and judicial responses to the pandemic were pro-poor and sought to protect human dignity, the right to life, and the right to an environment that is not detrimental to human health and well-being. The responses safeguarded access to housing at a time when many vulnerable people could have been rendered homeless by eviction and the demolition of their dwellings.

Judicial Interpretation in Resolving the Conflict on Jurisdiction between the Central Government and the Federating Units

The tension between the central government and the federating units has always been an intractable issue between the forces of centralization and decentralization in a federalism with the judiciary at the intersection of the conflict. Therefore, this study examines judicial interpretation in resolving the conflict on jurisdiction between the central government and the federating units. It applies Henri Lefebvre’s theory of space, Richard Ford’s analysis of jurisdiction, Benjamin Cardozo’s and Oliver Wendell Holmes’s psychology of judging to judicial interpretation in resolving the conflict on jurisdiction between the central government and the federating units. It finds that the justices on the majority and the minority who interpret the constitution to resolve questions of jurisdiction between the central government and the federating units often play politics of space hidden within the interstices of legal rules without being conscious of their psychological biases. Hence, it argues that instead of playing politics of space, what the justices should do is to apply the principles in Keynesian federalism bolstered by the rule of presumption. With this, the influence of politics borne of psychological biases can be reduced while both the central government and the federating units are given equal chances. In conclusion, it recommends that whenever the judges are called upon to resolve the conflict between the central government and the federating units, the principle in Keynesian federalism with the rule of presumption should be applied.

Fallacies in Judicial Interpretation

<p>This thesis concerns fallacies in judicial interpretation. The central contention of this thesis is that judges commit certain fallacies when interpreting language and that it is possible to detect such fallacies and arrive at alternative, non-fallacious interpretations when they occur. An instance of judicial interpretation is fallacious when it takes into account an irrelevant consideration and it is most likely that a different result would have been reached if that consideration had been omitted, or when it omits a relevant consideration and it is most likely that a different result would have been reached if that relevant consideration had been taken into account. The thesis identifies two specific fallacies which involve judges introducing an irrelevant consideration and usually involve judges omitting relevant considerations. These two fallacies are errors of categorisation, and occur when judges make an interpretive decision on the basis of the irrelevant consideration of the verbal category to which an item can be assigned rather than the relevant considerations which determine the legal category to which it should be assigned. These two fallacies are detected by assessing whether an instance of interpretation is merely based on the verbal category to which an item can be assigned or whether it is justified by relevant considerations. Alternative, non-fallacious interpretations are arrived at by introducing any relevant considerations and omitting any irrelevant considerations.</p>

Fallacies in Judicial Interpretation

<p>This thesis concerns fallacies in judicial interpretation. The central contention of this thesis is that judges commit certain fallacies when interpreting language and that it is possible to detect such fallacies and arrive at alternative, non-fallacious interpretations when they occur. An instance of judicial interpretation is fallacious when it takes into account an irrelevant consideration and it is most likely that a different result would have been reached if that consideration had been omitted, or when it omits a relevant consideration and it is most likely that a different result would have been reached if that relevant consideration had been taken into account. The thesis identifies two specific fallacies which involve judges introducing an irrelevant consideration and usually involve judges omitting relevant considerations. These two fallacies are errors of categorisation, and occur when judges make an interpretive decision on the basis of the irrelevant consideration of the verbal category to which an item can be assigned rather than the relevant considerations which determine the legal category to which it should be assigned. These two fallacies are detected by assessing whether an instance of interpretation is merely based on the verbal category to which an item can be assigned or whether it is justified by relevant considerations. Alternative, non-fallacious interpretations are arrived at by introducing any relevant considerations and omitting any irrelevant considerations.</p>

UPHOLDING ENVIRONMENTAL HUMAN RIGHTS THROUGH JUDICIAL INTERPRETATION OF PEACEFUL ENJOYMENT OF PROPERTY

Just as the Universal Declaration of Human Rights of 1948 marked the beginning of contemporary international human rights law and the subsequent adoption of regional human rights instruments, so the Stockholm Declaration of 1972 marked the genesis of a rights-based approach to the protection of environment. Since then, human rights have become a legal weapon exerted in the strive to protect the environment and enhance access to environmental justice. Hence, it is not a mere theoretical discourse that environmental degradation affects the enjoyment of basic human rights. It has now become recognized that human rights such as the right to life and many others can only be enjoyed in a polluted free environment. It is against this background that this paper examines how the right to peaceful enjoyment of property as guaranteed in international and regional instruments on human rights has been construed to foster environmental protection. To achieve this, interpretations through decided cases are examined for a proper evaluation of judicial attitude and willingness in this respect.

Still Lagging Behind: Diagnosing Judicial Approaches to ‘Bodily Injury’ Claims for Psychiatric Injury under the Montreal Convention of 1999

International civil aviation is today a mature global industry, without which the modern world is unimaginable. That modern world increasingly recognises, in view of advancing medical science, that the dualist distinction between body and mind is artificial. Yet recent judicial interpretation of the term ‘bodily injury’ in the Convention for the Unification of Certain Rules for International Carriage by Air (‘Montreal’) of 1999 has revalidated this distinction by denying compensation for psychiatric injury in the field of international civil aviation. This article challenges that interpretation by explaining the physical nature of psychiatric injury with reference to medical literature and neuroimaging technologies. It argues that the ordinary meaning of ‘bodily injury’ across Montreal’s authentic texts encompasses psychiatric injury, supporting this construction by examining both Montreal’s travaux préparatoires and its parties’ municipal jurisprudence. After briefly addressing policy concerns, it concludes that national courts may permit recovery for pure psychiatric injury under Montreal.

Automatic Decision Algorithm of Interpretation Power in Criminal Justice Based on Data Activity Consultant

In order to solve the problems existing in the current decision algorithm, such as poor data processing performance, low decision accuracy, and long decision time, an automatic decision algorithm of criminal justice interpretation right based on data activity consultant was designed. According to the requirements of reasonable design consultant system data activity and demanded data activity consultants provide data processing requirements and scope. Use the Scrapy web crawler framework to crawl data related to criminal justice interpretation and criminal law provisions from related websites, and clear and extract the collected data to realize data query. Based on the obtained data, the feature array of criminal law is designed, and the decision of criminal judicial interpretation right is made. The C4.5 decision tree algorithm is used to predict the correct rate of decision. The decision of criminal judicial interpretation right is adjusted constantly according to the prediction results to achieve the goal of the automatic decision of criminal judicial interpretation right. Experimental results show that the algorithm has superior data processing performance, high decision accuracy, and short decision time, which verifies the effectiveness of the algorithm.