judicial justice
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2021 ◽  
Vol 21 ◽  
pp. 57-77
Author(s):  
Gianluca P. Parolin

State law as the main transformative device to build a ‘modern’ Egypt has encountered tremendous resistance, yet legal scholars seem utterly uninterested in the matter while historians struggle to account for the reasons of the subjects’ resistance by using archival materials often produced by state officials themselves. In this article, I turn to literature to explore and interrogate literary representations of the rural subjects of ‘modern’ law, and their various forms of resistance to ‘modern’ law itself. In an effort to highlight the benefits of ‘turning to literature’ for legal scholars, I begin with one of the most acclaimed masterpieces and foundational works of the modern Egyptian literary canon: Tawfīq al-Ḥakīm’s Diary of a Country Prosecutor (1937). Listening to the awkward silences and garrulous voices of the Diary’s subjects opens a window onto the strained relations between ‘modern’ law and its subjects in which class, language, and centre/periphery dynamics all play a role. Considering what repertoire these subjects ‘spontaneously’ mobilise to challenge the ‘modern’ law further brings into view their alternative doxic understanding of law and justice. Keywords: ‘Modern’ law, hegemonic legal modernity, everyday resist­ance, extra-judicial justice, vocal dissent, rural subjects, rural courtroom, Egypt, 20th-century fiction, Tawfīq al-Ḥakīm, Diary of a Country Prosecutor.


2020 ◽  
Vol 2 (1) ◽  
pp. 8
Author(s):  
Sisi Li

<p>Chinese State Council officially promulgated <em>Regulation</em> <em>on Optimizing the Business Environment</em> on October 23, 2019, which was formally implemented on since 2020, laying a solid foundation for the optimization of business environment in the direction of legalization. From the perspective of law, business environment ruled by law involves scientific legislation, standardized law enforcement, diversified legal remedy and judicial justice. Generally, business environment includes marketization, internationalization and legalization. And business environment ruled by will further promote its marketization and internationalization as a powerful guarantee.</p>


2019 ◽  
Vol 27 (4) ◽  
pp. 473-496
Author(s):  
Dickson Ebikabowei Omukoro

Oil pollution has become something of a daily occurrence in Nigeria, despite the existence of laws regulating petroleum operations. This is partly due to the cost of accessing judicial justice. Apart from cost issues, a plaintiff must satisfy that they have the standing to petition the court for the act complained of, which sometimes leaves the polluter without responsibility. This is against the notion of environmental accountability. It is the challenges posed by the strict interpretation of the standing rule in Nigeria on environmental accountability that forms the basis of this article. The article explores the lessons that can be learned from the development of standing rules in three different jurisdictions – the UK, Australia and South Africa.


Author(s):  
Ирина Пирожкова ◽  
Irina Pirozhkova ◽  
Алла Карташова ◽  
Alla Kartashova

The article is devoted to the analysis of the terminological apparatus associated with the phenomenon of quasi-judicial justice. The goal is to consider the legal interpretation of the concepts of “quasi-judicial justice” as a set of bodies and institutions providing alternative judicial means of resolving conflicts in society. The research methodology consisted of formal legal and analytical methods. The paper uses methods of linguistic analysis. The study determines the formal and essential (material) approaches to the definition of quasijudicialness. There is a diversity of phenomena that form quasi-judicial institutions in the historical and modern sense and the lack of certainty of word usage in the legal field: normative acts and the doctrine of law. The conclusions are based on the departure from tradition, the negative coloring of the phenomenon of quasi-judicial justice, which is based on the practice of applying the decisions of administrative justice bodies as a tool for building an authoritarian political model of the USSR.


2019 ◽  
Vol 3 (3) ◽  
pp. 232
Author(s):  
Yonghui Yan ◽  
Songyue Zhang

<p align="justify">The environmental protection is a significant issue that the current government departments attach great importance, and the environmental justice is the legal means to protect the environment, which is also a very important part of the judicial reform. How to realize judicial fairness in related environmental cases is the focus of public opinion and the difficulty of judicial research. At present, the practice of rule in law evaluation has been able to evaluate the judicial impartiality objectively and quantitatively from the macro perspective, but the specific facts of relevant cases cannot be accurately analyzed from the micro perspective. The discussion of environmental cases in this paper has positive referenced significance for other cases of rights and interests’ infringement and has important value for promoting the realization of judicial category judgment and accurate analysis of specific fields under the condition of modern information, and also provides beneficial help for judicial evaluation.</p>


2017 ◽  
Vol 52 (1) ◽  
pp. 41-56
Author(s):  
Anna K. Drabarz ◽  
Tomasz Kałużny ◽  
Stephen Terrett

Abstract The frustration in Polish society arising from excessive costs of conducting court proceedings and lengthy delays for dispute resolution has resulted in a genuine limitation in access to judicial justice for citizens. This paper argues that the answer to the dilemma between ensuring both justice and efficiency lies in language being a tool for the active participation of the parties in building mutual trust and shaping solutions in conflictual circumstances. How should the postulate of effective communication leading to dispute resolution in modern justice be achieved? The authors present the advantages of oral communication in proceedings on the way to finding agreement, pointing out the content and quality of language that make dispute resolution possible.


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