Download or read book The Voice of the Law in Transition written by A. Massier and published by BRILL. This book was released on 2008-01-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the literature on Indonesian legal history, the role of language has been paid scant attention. Even the replacement of Dutch by Indonesian as the official language of the law, surely a major event for the work of Indonesian jurists, has not been closely examined. Yet, since the early 1970s, legal usage and terminology have been the topic of a steady stream of highly critical publications by linguists and, remarkably, by jurists as well. Their criticism is focused on the heterogeneity of law language and terminology, and the deviation of legal usage from the official standard language. Government measures (language courses, law dictionaries) have not allayed this criticism. This study exposes two fundamental defects in the government measures and in the criticism itself. Firstly, they are grounded in an instrumental approach to language, an approach that sees language as a mere tool of the jurist, and as secondary in importance to the conceptual world that is considered law’s core business. Secondly, they greatly underestimate the impact of the declining knowledge of Dutch upon the development of Indonesian law language. Massier argues that the law must be viewed as inextricably bound up with the language in which it is formulated. Consequently, legal training and practice are examined in this study in terms of language behaviour and conventions, of learning, writing and speaking the languages of the law. The voice of the law in transition provides a language history of Indonesian law and its practitioners.
Download or read book Law in Transition written by Ruth Buchanan and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better – the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School
Download or read book Ruling Before the Law written by William Hurst and published by Cambridge University Press. This book was released on 2018-04-19 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.
Download or read book International Law and Transition to Peace in Colombia written by César Rojas-Orozco and published by BRILL. This book was released on 2021-07-05 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.
Download or read book International Journal of Rule of Law Transitional Justice And Human Rights written by and published by Association Pravnik Sarajevo. This book was released on with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Southeast Asian Islam written by Nasr M. Arif and published by Taylor & Francis. This book was released on 2024-04-19 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores Muslim communities in Southeast Asia and the integration of Islamic culture with the diverse ethnic cultures of the region, offering a look at the practice of cultural and religious coexistence in various realms. The volume traces the origins and processes of adoption, transmission, and adaptation of Islam by diverse ethnic communities such as the Malay, Acehnese, Javanese, Sundanese, the Bugis, Batak, Betawi, and Madurese communities, among others. It examines the integration of Islam within local politics, cultural networks, law, rituals, education, art, and architecture, which engendered unique regional Muslim identities. Additionally, the book illuminates distinctive examples of cultural pluralism, cosmopolitanism, and syncretism that persisted in Islamic religious practices in the region owing to its maritime economy and reputation as a marketplace for goods, languages, cultures, and ideas. As part of the Global Islamic Cultures series that investigates integrated and indigenized Islam, this book will be of interest to students and researchers of theology and religion, Islamic studies, religious history, political Islam, cultural studies, and Southeast Asian studies. It also offers an engaging read for general audiences interested in world religions and cultures.
Download or read book A Sociolegal Analysis of Formal Land Tenure Systems written by Bernardo Ribeiro de Almeida and published by Routledge. This book was released on 2022-03-24 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This sociolegal study focuses on the political, legal and institutional problems and dilemmas of regulating land tenure. By studying the development of the Timorese formal land tenure system, this book engages in the larger debate about the role of state systems in addressing and aggravating social problems such as insecurity, poverty, inequality, destruction of nature, and cultural and social estrangement. Land tenure issues in Timor-Leste are complex and deeply shaped by the nation’s history. Taking an insider’s perspective based on the author’s experience in Timorese state administration, and through the investigation of five analytical themes –political environment, lawmaking, legal framework, institutional framework, and social relationships and practices– this book studies the development of the Timorese formal land tenure system from independence in 2002 to 2018. It shows how political, legal, and administrative decisions on land administration are made, what and who influences them, which problems and dilemmas emerge, and how the formal system works in practice. The result is a portrait of a young nation grappling with the enormous task of creating a land tenure system that can address the needs of its citizens in the wake of centuries of socio-political tumult and huge fluctuations in resources. The book concludes by highlighting the importance of lawmaking and how abuses of power can be curbed by adequate administrative processes and laws. Finally, it argues that land administration is primarily a political matter. The political dimension of technical solutions must be considered if we aim to achieve fairer formal land tenure systems. The pertinence of the topics covered, the multi-disciplinary perspective, and the research methodology followed make this book appealing to a variety of readers, including international organizations, practitioners, academics and students engaged in land administration, post-colonial and -conflict issues, lawmaking, rule of law, public administration and issues of access and exclusion.
Download or read book Women and Transitional Justice written by Lisa Yarwood and published by Routledge. This book was released on 2013 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the evolving principle of transitional justice in public international law and international relations from the female perspective. The book contains contributions from a range of experts in the field of TJ. The range of experiences and knowledge in this collection provide a fresh and unique perspective in the blend of theory and practice that these contributions collectively provide.
Download or read book The Historiography of Transition written by Paolo Pombeni and published by Routledge. This book was released on 2015-10-23 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defining a “historic transition” means understanding how the complex system of intellectual, social, and material structures formed that determined the transition from a certain “universe” to a “new universe,” where the old explanations were radically rethought. In this book, a group of historians with specializations ranging from the sixteenth to the twentieth centuries and across political, religious, and social fields, attempt a reinterpretation of “modernity” as the new “Axial Age.”
Download or read book Readings in Persuasion written by Linda H. Edwards and published by Aspen Publishing. This book was released on 2014-12-09 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative and riveting look at briefs from a highly respected author that can be used a primary text in an advanced legal writing class or as a secondary text in a basic legal writing course. The chapters can be taken in any order. In the first part of the book, individual chapters cover advanced legal writing topics such as rhetoric, voice, emotion, metaphor, and narrative. The second part of the book introduces famous cases, with the story of each case. Chapter introductions provide interesting insights, such as historical context, the story of the case and of the litigation of it, information about the lawyers who wrote the briefs on both sides, what the courts decided, and, where relevant, about what has happened since. Compelling content makes it easy to engage students while photos throughout enliven the text. Features: Highly respected author Flexibility can be used as core text in advanced legal writing with other materials secondary text in a basic legal writing course chapters can be taken in any order High-interest, engaging content Each chapter focuses on important legal writing topics rhetoric voice emotion metaphor narrative Features famous case Chapter introductions with compelling insights historical context the story of the case and its litigation information about the lawyers who wrote the briefs on both sides what the courts decided what has happened since Full-text cases and briefs offered on a companion website Photos that enliven the text
Download or read book Violence Law and the Impossibility of Transitional Justice written by Catherine Turner and published by Routledge. This book was released on 2016-07-07 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice – underpinned by a strictly normative or doctrinal concept of law – can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.
Download or read book Negative Emotions and Transitional Justice written by Mihaela Mihai and published by Columbia University Press. This book was released on 2016-03-22 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vehement resentment and indignation are pervasive in societies emerging from dictatorship or civil conflict. How can institutions channel these emotions without undermining the prospects for democracy? Emphasizing the need to recognize and constructively engage negative public emotions, Mihaela Mihai contributes theoretically and practically to the growing field of transitional justice. Drawing on an extensive philosophical literature and case studies of democratic transitions in South Africa, South America, and Eastern Europe, her book rescues negative emotions from their bad reputation and highlights the obstacles and the opportunities such emotions create for democracy. By valorizing negative emotions, either through the judicial review of transitional justice bills or the criminal trials of victimizers, institutions realize the value of respect and concern for all while contributing to a culture that is hospitable to democracy.
Download or read book European Union Law written by Damian Chalmers and published by Cambridge University Press. This book was released on 2019-09-12 with total page 1139 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most current, contextual and authoritative EU law text, including Brexit, the euro, and the migration crisis.
Download or read book Studies in Law Politics and Society written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2017-05-11 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, articles examine a diverse range of legal issues and their impact on and intersections with society.
Download or read book The Voice of Conscience written by Mika Ojakangas and published by Bloomsbury Publishing USA. This book was released on 2013-07-18 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Western thought, it has been persistently assumed that in moral and political matters, people should rely on the inner voice of conscience rather than on external authorities, laws, and regulations. This volume investigates this concept, examining the development of the Western politics of conscience, from Socrates to the present, and the formation of the Western ethico-political subject. The work opens with a discussion of the ambiguous role of conscience in politics, contesting the claim that it is the best defense against totalitarianism. It then look back at canonical authors, from the Church Fathers and Luther to Rousseau and Derrida, to show how the experience of conscience constitutes the foundation of Western ethics and politics. This unique work not only synthesizes philosophical and political insights, but also pays attention to political theology to provide a compelling and innovative argument that the experience of conscience has always been at the core of the political Western tradition. An engaging and accessible text, it will appeal to political theorists and philosophers as well as theologians and those interested in the critique of the Western civilization.
Download or read book The Digital Television Transition written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Telecommunications and the Internet and published by . This book was released on 2004 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lawyers in Conflict and Transition written by Kieran McEvoy and published by Cambridge University Press. This book was released on 2022-03-17 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries undergoing or recovering from conflict and authoritarianism often face profound rule of law challenges. The law on the statute books may be repressive, judicial independence may be compromised, and criminal justice agencies may be captured by powerful interests. How do lawyers working within such settings imagine the law? How do they understand their ethical obligations towards their clients and the rule of law? What factors motivate them to use their legal practice and social capital to challenge repressive power? What challenges and risks can they face if they do so? And when do lawyers facilitate or acquiesce to illegality and injustice? Drawing on over 130 interviews from Cambodia, Chile, Israel, Palestine, South Africa, and Tunisia, this book explores the extent to which theoretical understandings within law and society research on the motivations, strategies, tactics, and experiences of lawyers within democratic states apply to these more challenging environments.
