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Author: A. Massier
Publisher: BRILL
ISBN: 9004253963
Category : History
Languages : en
Pages : 323
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Book Description
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.
Author: A. Massier
Publisher: BRILL
ISBN: 9004253963
Category : History
Languages : en
Pages : 323
Get Book Here
Book Description
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.
Author: Ruth Buchanan
Publisher: Bloomsbury Publishing
ISBN: 1782254129
Category : Law
Languages : en
Pages : 374
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Book Description
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
Author: William Hurst
Publisher: Cambridge University Press
ISBN: 1108427200
Category : Law
Languages : en
Pages : 321
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Book Description
Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.
Author: Nasr M. Arif
Publisher: Taylor & Francis
ISBN: 1003852173
Category : Religion
Languages : en
Pages : 317
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Book Description
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.
Author: Paolo Pombeni
Publisher: Routledge
ISBN: 1317307178
Category : History
Languages : en
Pages : 261
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Book Description
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.”
Author: Kieran McEvoy
Publisher: Cambridge University Press
ISBN: 1009234374
Category : Political Science
Languages : en
Pages : 437
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Book Description
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.
Author: Linda H. Edwards
Publisher: Aspen Publishing
ISBN: 145482154X
Category : Law
Languages : en
Pages : 485
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Book Description
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
Author: Peter J Boettke
Publisher: Routledge
ISBN: 1134557310
Category : Business & Economics
Languages : en
Pages : 369
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Book Description
This collection of essays from one of the major Austrian economists working in the world today brings together some of his key writings on a variety of economic issues.
Author: Sarah Kathryn Burgess
Publisher:
ISBN:
Category :
Languages : en
Pages : 486
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Book Description
Author: Senthorun Raj
Publisher: Springer Nature
ISBN: 3030488306
Category : Social Science
Languages : en
Pages : 281
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Book Description
This book contributes to current debates about “queer outsides” and “queer outsiders” that emerge from tensions in legal reforms aimed at improving the lives of lesbian, gay, bisexual, transgender, intersex, and queer people in the United Kingdom. LGBTIQ people in the UK have moved from being situated as “outlaws” – through prohibitions on homosexuality or cross-dressing – to respectable “in laws” – through the emerging acceptance of same-sex families and self-identified genders. From the partial decriminalisation of homosexuality in the Sexual Offences Act 1967, to the provision of a bureaucratic mechanism to amend legal sex in the Gender Recognition Act 2004, bringing LGBTIQ people “inside” the law has prompted enormous activist and academic commentary on the desirability of inclusion-focused legal and social reforms. Canvassing an array of current socio-legal debates on colonialism, refugee law, legal gender recognition, intersex autonomy and transgender equality, the contributing authors explore “queer outsiders” who remain beyond the law’s reach and outline the ways in which these outsiders might seek to “come within” and/or “stay outside” law. Given its scope, this modern work will appeal to legal scholars, lawyers, and activists with an interest in gender, sex, sexuality, race, migration and human rights law.
