Author: Angeline Lewis
Publisher: Martinus Nijhoff Publishers
ISBN: 900422811X
Category : Law
Languages : en
Pages : 266
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Book Description
The idea of building a blueprint ‘rule of law’ through military intervention has seized the imagination of practitioners and theorists alike in the past decade of peacebuilding operations, and an emphasis on simultaneous judicial reconstruction and security sector reform has emerged as their central strategy. This work, in a fresh approach based on recent military operations in Iraq and beyond, challenges both the universality of the blueprint and the doctrinal assumption that institutional reform by military interveners builds peace and legitimacy. In a comprehensive review, the essential role of the community in developing its own relationship with law, while interveners refocus exclusively on restoring public security using their extraordinary powers under international humanitarian law, emerges as the only future for ‘rule of law operations.’
Author: Franz Kafka
Publisher: Sheba Blake Publishing
ISBN: 3961893489
Category : Fiction
Languages : en
Pages : 37
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Book Description
In the Penal Colony is a short story by Franz Kafka written in German in October 1914, revised in November 1918, and first published in October 1919. The story is set in an unnamed penal colony. Internal clues and the setting on an island suggest Octave Mirbeau's The Torture Garden as an influence. As in some of Kafka's other writings, the narrator in this story seems detached from, or perhaps numbed by, events that one would normally expect to be registered with horror. "In the Penal Colony" describes the last use of an elaborate torture and execution device that carves the sentence of the condemned prisoner on his skin before letting him die, all in the course of twelve hours. As the plot unfolds, the reader learns more and more about the machine, including its origin and original justification. The story focuses on the Explorer, who is encountering the brutal machine for the first time. Everything about the machine and its purpose is told to him by the Officer. The Soldier and the Condemned (who is unaware that he has been sentenced to die) placidly watch from nearby. The Officer tells of the religious epiphany the executed experience in their last six hours in the machine. Eventually, it becomes clear that the use of the machine and its associated process of justice – the accused is always instantly found guilty, and the law he has broken is inscribed on his body as he slowly dies over a period of 12 hours – has fallen out of favor with the current Commandant. The Officer is nostalgic regarding the torture machine and the values that were initially associated with it. As the last proponent of the machine, he strongly believes in its form of justice and the infallibility of the previous Commandant, who designed and built the device. In fact, the Officer carries its blueprints with him and is the only person who can properly decipher them; no one else is allowed to handle these documents.
Author: Bradley Chapin
Publisher: University of Georgia Press
ISBN: 0820336912
Category : Law
Languages : en
Pages : 224
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Book Description
This study analyzes the development of criminal law during the first several generations of American life. Its comparison of the substantive and procedural law among the colonies reveals the similarities and differences between the New England and the Chesapeake colonies. Bradley Chapin addresses the often-debated question of the “reception” of English law and makes estimates of the relative weight of the sources and methods of early American law. A main theme of his book is that colonial legislators and judges achieved a significant reform of the English criminal law at a time when a parallel movement in England failed. The analysis is made specific and concrete by statistics that show patterns of prosecutions and crime rates. In addition to the exciting and convincing theme of a “lost period” of great creativity in American criminal law, Chapin gives a wealth of detail on statutory and common-law rulings, noteworthy criminal cases, and judicial views of how the law was to be administered. He provides social and economic explanations of shifts and peculiarities in the law, using carefully arranged evidence from the records. His treatment of the Quaker cases in Massachusetts and the witchcraft prosecutions in New England throws new light on those frequently misunderstood episodes. Chapin's book will be of interest not only to scholars working in the field but also to anyone curious about early American legal history.
Author: Hamar Foster
Publisher: UBC Press
ISBN: 0774858559
Category : Law
Languages : en
Pages : 416
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Book Description
The essays in this volume reflect the exciting new directions in which legal history in the settler colonies of the British Empire has developed. The contributors show how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project. Exploring themes of legal translation, local understandings, judicial biography, and "law at the boundaries," they examine the legal cultures of dominions in Canada, Australia, and New Zealand to provide a contextual and comparative account of the "incomplete implementation of the British constitution" in these colonies.
Author: Alex Cuthbert Castles
Publisher: Lawbook Company
ISBN:
Category : Law
Languages : en
Pages : 586
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Book Description
Includes cases, concepts and principles affecting status of Aboriginal people under British law; territorium nullius and non-recognition of Aboriginal land rights.
Author: Conor McCarthy
Publisher: Edinburgh University Press
ISBN: 1474455956
Category : Law
Languages : en
Pages : 253
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Book Description
Conor McCarthy shows how outlaw literature and espionage literature critique the use of legal exclusion as a means of supporting state power. Texts discussed range from the medieval Robin Hood ballads, Shakespeare's history plays and the Ned Kelly story to John le Carré, Don DeLillo, Ciaran Carson and William Gibson.
Author: David Lemmings
Publisher: Boydell Press
ISBN: 9781843831587
Category : History
Languages : en
Pages : 278
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Book Description
New analysis and interpretation of law and legal institutions in the "long eighteenth century". Law and legal institutions were of huge importance in the governance of Georgian society: legislation expanded the province of administrative authority out of all proportion, while the reach of the common law and its communal traditions of governance diminished, at least outside British North America. But what did the rule of law mean to eighteenth-century people, and how did it connect with changing experiences of law in all their bewildering complexity?This question has received much recent critical attention, but despite widespread agreement about Law's significance as a key to unlock so much which was central to contemporary life, as a whole previous scholarship has only offered a fragmented picture of the Laws in their social meanings and actions. Through a broader-brush approach, The British and their Laws in the Eighteenth Century contributes fresh analyses of law in England andBritish settler colonies, c. 1680-1830; its expert contributors consider among other matters the issues of participation, central-local relations, and the maintenance of common law traditions in the context of increasing legislative interventions and grants of statutory administrative powers. Contributors: SIMON DEVEREAUX, MICHAEL LOBBAN, DOUGLAS HAY, JOANNA INNES, WILFRED PREST, C.W. BROOKS, RANDALL MCGOWEN, DAVID THOMAS KONIG, BRUCE KERCHER
Author: Austin Sarat
Publisher: University of Michigan Press
ISBN: 9780472023783
Category : Law
Languages : en
Pages : 276
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Book Description
In bringing together accomplished and thoughtful scholars of different disciplines, with a command of literature ranging from the legal to the literary, and in relating the works to the central arguments of the late Professor Robert Cover, Sarat and Kearns have created a first-rate up-to-date exposition of this important and complicated issue, namely, how to understand better the violence implicit and explicit in law.--Legal Studies Forum The relationship between law and violence is made familiar to us in vivid pictures of police beating suspects, the large and growing prison population, and the tenacious attachment to capital punishment in the United States. Yet the link between law and violence and the ways that law manages to impose pain and death while remaining aloof and unstained are an unexplored mystery. Each essay in this volume considers the question of how violence done by and in the name of the law differs from illegal or extralegal violence--or, indeed, if they differ at all. Each author draws on a distinctive disciplinary tradition-- literature, history, anthropology, philosophy, political science, or law. Yet each reminds us that law, constituted in response to the metaphorical violence of the state of nature, is itself a doer of literal violence. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Chair of the Program in Law, Jurisprudence, and Social Thought, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
Author: Rudolph Peters
Publisher: BRILL
ISBN: 9004420622
Category : Law
Languages : en
Pages : 726
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Book Description
In Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays Rudolph Peters discusses in 35 articles practice of both Shariʿa and state law. The principal themes are legal order and the actual application of law both in the judiciaries as well in cultural and political debates. Many of the topics deal with penal law. Although the majority of studies are situated in the Ottoman and, especially, Egyptian period, few of them are of another region or a more recent period, such as in Nigeria or, also, Egypt. The book’s historical studies are mainly based on archival judicial records and are definitively pioneering. Although the selected articles of this book are the fruit of more than forty years of research, most of them have constantly been cited.
Author: Kevin Jon Heller
Publisher: Stanford University Press
ISBN: 0804777292
Category : Law
Languages : en
Pages : 669
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Book Description
This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.
