- Published in print:
- 2008
- Published Online:
- September 2012
- ISBN:
- 9780748637546
- eISBN:
- 9780748671588
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748637546.001.0001
- Subject:
- Law, Legal History
Commissioned by the Clark Foundation for Legal Education, this book is derived from the inaugural Jean Clark Lectures, hosted by the University of Aberdeen in 2007. Across three lectures, the text ...
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Commissioned by the Clark Foundation for Legal Education, this book is derived from the inaugural Jean Clark Lectures, hosted by the University of Aberdeen in 2007. Across three lectures, the text discusses and analyses the legal and constitutional issues arising from the Disruption of the Church of Scotland in 1843 when the majority of leading ministers left the Church of Scotland to set up the Free Church. It takes a look at the series of cases in the Court of Session and the House of Lords between 1837 and 1843 which led to the Disruption, showing how they gave rise to the most important constitutional crisis and challenge to the Courts' authority that had occurred since the 1707 Union.Less
Commissioned by the Clark Foundation for Legal Education, this book is derived from the inaugural Jean Clark Lectures, hosted by the University of Aberdeen in 2007. Across three lectures, the text discusses and analyses the legal and constitutional issues arising from the Disruption of the Church of Scotland in 1843 when the majority of leading ministers left the Church of Scotland to set up the Free Church. It takes a look at the series of cases in the Court of Session and the House of Lords between 1837 and 1843 which led to the Disruption, showing how they gave rise to the most important constitutional crisis and challenge to the Courts' authority that had occurred since the 1707 Union.
Samir Simaika and Nevine Henein
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9789774168239
- eISBN:
- 9781617978265
- Item type:
- chapter
- Publisher:
- American University in Cairo Press
- DOI:
- 10.5743/cairo/9789774168239.003.0004
- Subject:
- Archaeology, Historical Archaeology
This chapter focuses on the education and careers of Marcus Simaika's siblings. According to Marcus, no fewer than three prime ministers were among the graduates of the Coptic Patriarchal School: ...
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This chapter focuses on the education and careers of Marcus Simaika's siblings. According to Marcus, no fewer than three prime ministers were among the graduates of the Coptic Patriarchal School: Boutros Pasha Ghali and Youssef Pasha Wahba, both Copts, and Yehia Pasha Ibrahim, a Muslim. A large number of ministers, heads of administrations, judges, and statesmen also graduated from this school. Marcus's two elder brothers, Abd al-Messih and Rizqallah, both graduated at the top of their class and were sent to the School of Law. They were later transferred to the Mixed Courts and then to the newly established Native Courts. Abdallah, the younger brother of Marcus, went to Montpellier to study law, while his youngest brother Attallah entered the Egyptian State Railways. His sister married her first cousin, Wassef Pasha Simaika.Less
This chapter focuses on the education and careers of Marcus Simaika's siblings. According to Marcus, no fewer than three prime ministers were among the graduates of the Coptic Patriarchal School: Boutros Pasha Ghali and Youssef Pasha Wahba, both Copts, and Yehia Pasha Ibrahim, a Muslim. A large number of ministers, heads of administrations, judges, and statesmen also graduated from this school. Marcus's two elder brothers, Abd al-Messih and Rizqallah, both graduated at the top of their class and were sent to the School of Law. They were later transferred to the Mixed Courts and then to the newly established Native Courts. Abdallah, the younger brother of Marcus, went to Montpellier to study law, while his youngest brother Attallah entered the Egyptian State Railways. His sister married her first cousin, Wassef Pasha Simaika.
Mike McConville, Jacqueline Hodgson, Lee Bridges, and Anita Pavlovic
- Published in print:
- 1994
- Published Online:
- March 2012
- ISBN:
- 9780198258681
- eISBN:
- 9780191681851
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198258681.001.0001
- Subject:
- Law, Criminal Law and Criminology
Criminal cases are commonly seen as a fight between adversaries of equal strength: the intrusive power of the State versus skilled defence lawyers advocating their clients' cause. The reality, ...
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Criminal cases are commonly seen as a fight between adversaries of equal strength: the intrusive power of the State versus skilled defence lawyers advocating their clients' cause. The reality, according to this major new study, is rather different. The provision of defence counsel is often rudimentary and unsatisfactory. Based on one of the largest studies of legal professional practice ever undertaken, involving nearly fifty solicitors' firms, this book offers a critical examination of the practices and organisation of defence lawyers in Britain. The authors show how defence lawyers discharge their obligations to clients from the moment of initial contact through to the routine preparation and representation of defendants in both magistrates' and Crown Courts. For the first time, this study reveals the role of paralegals and unqualified staff in providing defence assistance, and highlights how their inexperience and assumption of the client's guilt can critically undermine defendants' rights. The deficiencies highlighted by their research lead the authors to question the effectiveness of recent liberal and managerial reforms, with their excessive reliance on market-led considerations. They propose a cultural transformation in criminal defence work, a reassertion of the defendants' rights within an adversarial system, and offer constructive suggestions for improving defence services.Less
Criminal cases are commonly seen as a fight between adversaries of equal strength: the intrusive power of the State versus skilled defence lawyers advocating their clients' cause. The reality, according to this major new study, is rather different. The provision of defence counsel is often rudimentary and unsatisfactory. Based on one of the largest studies of legal professional practice ever undertaken, involving nearly fifty solicitors' firms, this book offers a critical examination of the practices and organisation of defence lawyers in Britain. The authors show how defence lawyers discharge their obligations to clients from the moment of initial contact through to the routine preparation and representation of defendants in both magistrates' and Crown Courts. For the first time, this study reveals the role of paralegals and unqualified staff in providing defence assistance, and highlights how their inexperience and assumption of the client's guilt can critically undermine defendants' rights. The deficiencies highlighted by their research lead the authors to question the effectiveness of recent liberal and managerial reforms, with their excessive reliance on market-led considerations. They propose a cultural transformation in criminal defence work, a reassertion of the defendants' rights within an adversarial system, and offer constructive suggestions for improving defence services.
Faye Margaret Kert
- Published in print:
- 1997
- Published Online:
- January 2019
- ISBN:
- 9780968128817
- eISBN:
- 9781786944832
- Item type:
- book
- Publisher:
- Liverpool University Press
- DOI:
- 10.5949/liverpool/9780968128817.001.0001
- Subject:
- History, Maritime History
This journal examines privateering and naval prizes in Atlantic Canada in the maritime War of 1812 - considered the final major international manifestation of the practice. It seeks to contextualise ...
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This journal examines privateering and naval prizes in Atlantic Canada in the maritime War of 1812 - considered the final major international manifestation of the practice. It seeks to contextualise the role of privateering in the nineteenth century; determine the causes of, and reactions to, the War of 1812; determine the legal evolution of prize law in North America; discuss the privateers of Nova Scotia and New Brunswick, and the methods they utilised to manipulate the rules of prize making during the war; and consider the economic impact of the war of maritime communities. Ultimately, the purpose of the journal is to examine privateering as an occupation in order to redeem its historically negative reputation. The volume is presented as six chapters, plus a conclusion appraising privateering, and seven appendices containing court details, prize listings, and relevant letters of agency.Less
This journal examines privateering and naval prizes in Atlantic Canada in the maritime War of 1812 - considered the final major international manifestation of the practice. It seeks to contextualise the role of privateering in the nineteenth century; determine the causes of, and reactions to, the War of 1812; determine the legal evolution of prize law in North America; discuss the privateers of Nova Scotia and New Brunswick, and the methods they utilised to manipulate the rules of prize making during the war; and consider the economic impact of the war of maritime communities. Ultimately, the purpose of the journal is to examine privateering as an occupation in order to redeem its historically negative reputation. The volume is presented as six chapters, plus a conclusion appraising privateering, and seven appendices containing court details, prize listings, and relevant letters of agency.
William M. Richman and William L. Reynolds
- Published in print:
- 2012
- Published Online:
- May 2013
- ISBN:
- 9780195342079
- eISBN:
- 9780199332397
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195342079.001.0001
- Subject:
- Law, Constitutional and Administrative Law
The United States Circuit Courts of Appeals are among the most important governmental institutions in our society. However, because the Supreme Court can hear less than 150 cases per year, the ...
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The United States Circuit Courts of Appeals are among the most important governmental institutions in our society. However, because the Supreme Court can hear less than 150 cases per year, the Circuit Courts (with a combined caseload of over 60,000) are, for practical purposes, the courts of last resort for all but a tiny fraction of federal court litigation. Thus, their significance, both for ultimate dispute resolution and for the formation and application of federal law, cannot be overstated. Yet, in the last forty years, a dramatic increase in caseload and a systemic resistance to an increased judgeship have led to a crisis. Signed published opinions form only a small percentage of dispositions; judges confer on fifty routine cases in an afternoon; and most litigants are denied oral argument completely. This book chronicles the transformation of the United States Circuit Courts; considers the merits and dangers of continued truncating procedures; catalogues and responds to the array of specious arguments against increasing the size of the judiciary; and considers several ways of reorganizing the circuit courts so that they can dispense traditional high quality appellate justice even as their caseloads and the number of appellate judgeships increase.Less
The United States Circuit Courts of Appeals are among the most important governmental institutions in our society. However, because the Supreme Court can hear less than 150 cases per year, the Circuit Courts (with a combined caseload of over 60,000) are, for practical purposes, the courts of last resort for all but a tiny fraction of federal court litigation. Thus, their significance, both for ultimate dispute resolution and for the formation and application of federal law, cannot be overstated. Yet, in the last forty years, a dramatic increase in caseload and a systemic resistance to an increased judgeship have led to a crisis. Signed published opinions form only a small percentage of dispositions; judges confer on fifty routine cases in an afternoon; and most litigants are denied oral argument completely. This book chronicles the transformation of the United States Circuit Courts; considers the merits and dangers of continued truncating procedures; catalogues and responds to the array of specious arguments against increasing the size of the judiciary; and considers several ways of reorganizing the circuit courts so that they can dispense traditional high quality appellate justice even as their caseloads and the number of appellate judgeships increase.
Mitchel De S.-O.-L'E. Lasser
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199570775
- eISBN:
- 9780191705557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199570775.003.0008
- Subject:
- Law, Comparative Law
This chapter stresses the interactive pressures between the two paradigmatic European judicial institutions: the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR). The ...
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This chapter stresses the interactive pressures between the two paradigmatic European judicial institutions: the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR). The point of entry into these increasingly barbed intra-European interactions will once again be the Article 6(1) ‘fair trial’ litigation. This litigation, which has challenged the traditional judicial decision-making practices of the national supreme courts patterned on the French model — including the Belgian, Dutch, and Portuguese Supreme Courts — has spilled over into the Euro-European realm, because the decision-making process of the ECJ is itself patterned on the bifurcated French model. The ECJ deploys Advocates General and Reporting Judges who play roles similar to their counterparts at the Conseil d'Etat. It also publishes brief, unsigned, and collegial judgments composed in a heavily deductive and magisterial style devoid of concurrences or dissents.Less
This chapter stresses the interactive pressures between the two paradigmatic European judicial institutions: the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR). The point of entry into these increasingly barbed intra-European interactions will once again be the Article 6(1) ‘fair trial’ litigation. This litigation, which has challenged the traditional judicial decision-making practices of the national supreme courts patterned on the French model — including the Belgian, Dutch, and Portuguese Supreme Courts — has spilled over into the Euro-European realm, because the decision-making process of the ECJ is itself patterned on the bifurcated French model. The ECJ deploys Advocates General and Reporting Judges who play roles similar to their counterparts at the Conseil d'Etat. It also publishes brief, unsigned, and collegial judgments composed in a heavily deductive and magisterial style devoid of concurrences or dissents.
William M. Richman and William L. Reynolds
- Published in print:
- 2012
- Published Online:
- May 2013
- ISBN:
- 9780195342079
- eISBN:
- 9780199332397
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195342079.003.0016
- Subject:
- Law, Constitutional and Administrative Law
This introductory chapter sets out the book's focus, namely the deterioration of the U.S. Courts of Appeals. These courts decide over fifty thousand cases per year, out of which the Supreme Court ...
More
This introductory chapter sets out the book's focus, namely the deterioration of the U.S. Courts of Appeals. These courts decide over fifty thousand cases per year, out of which the Supreme Court usually chooses to review fewer than one hundred. Thus, from the litigant's point of view, the decisions of the Courts of Appeals are, for all practical purposes, final—the last stop in the judicial system. While any significant change in so important an institution would be noteworthy, the change that this book treats is remarkable for additional reasons. First, it happened so quickly—over a span of only thirty years, one legal generation. Second, the shift occurred entirely at the impetus of the courts themselves, with no executive and very little legislative input. In other words, the radical shift is entirely of the judges' making. The third reason flows from the second; when stripped of all rhetoric, the reason for the change in the circuit courts is that the judges prefer the new arrangement. The fourth reason is that the change in the courts of appeals represents a major reallocation of government benefits, draining them from the routine middle-class litigants and lavishing them on the wealthiest and most powerful litigants. Finally, the revolution has attracted little attention from the legal profession and even less from the public and, amazingly, even less from the judges themselves. An overview of the subsequent chapters is also presented.Less
This introductory chapter sets out the book's focus, namely the deterioration of the U.S. Courts of Appeals. These courts decide over fifty thousand cases per year, out of which the Supreme Court usually chooses to review fewer than one hundred. Thus, from the litigant's point of view, the decisions of the Courts of Appeals are, for all practical purposes, final—the last stop in the judicial system. While any significant change in so important an institution would be noteworthy, the change that this book treats is remarkable for additional reasons. First, it happened so quickly—over a span of only thirty years, one legal generation. Second, the shift occurred entirely at the impetus of the courts themselves, with no executive and very little legislative input. In other words, the radical shift is entirely of the judges' making. The third reason flows from the second; when stripped of all rhetoric, the reason for the change in the circuit courts is that the judges prefer the new arrangement. The fourth reason is that the change in the courts of appeals represents a major reallocation of government benefits, draining them from the routine middle-class litigants and lavishing them on the wealthiest and most powerful litigants. Finally, the revolution has attracted little attention from the legal profession and even less from the public and, amazingly, even less from the judges themselves. An overview of the subsequent chapters is also presented.
Dia Anagnostou
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780748670574
- eISBN:
- 9780748689101
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748670574.001.0001
- Subject:
- Law, Human Rights and Immigration
One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states ...
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One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give effect to its judgments. This book explores the processes of domestic execution of the European Court of Human Rights’ judgments and seeks to understand the variable patterns of implementation within and across states. It provides an interdisciplinary perspective into the multifaceted ways in which the Strasbourg Court's judgments influence and at times transform human rights standards, laws and policies at the national level. Eight country-based case studies focus on various areas of law and policy to examine how national authorities implement the ECtHR's judgments, as well as whether state compliance with these influences legal and policy change in the direction of expanding rights. A number of the contributions also explore how marginalised individuals, civil society and minority actors strategically take recourse in Strasbourg to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights are virtually unexplored in the scholarly literature. What is the impact of the ECtHR's case law on the legal norms, institutional structures and policies of national states that participate in it± Do national authorities implement the adverse ECtHR's rulings, and what factors facilitate, or conversely restrict implementation± Does social, legal and political mobilisation affect the domestic implementation of the ECtHR's judgments, as well as their potential to exert broader influence over policy and democratic reforms±Less
One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give effect to its judgments. This book explores the processes of domestic execution of the European Court of Human Rights’ judgments and seeks to understand the variable patterns of implementation within and across states. It provides an interdisciplinary perspective into the multifaceted ways in which the Strasbourg Court's judgments influence and at times transform human rights standards, laws and policies at the national level. Eight country-based case studies focus on various areas of law and policy to examine how national authorities implement the ECtHR's judgments, as well as whether state compliance with these influences legal and policy change in the direction of expanding rights. A number of the contributions also explore how marginalised individuals, civil society and minority actors strategically take recourse in Strasbourg to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights are virtually unexplored in the scholarly literature. What is the impact of the ECtHR's case law on the legal norms, institutional structures and policies of national states that participate in it± Do national authorities implement the adverse ECtHR's rulings, and what factors facilitate, or conversely restrict implementation± Does social, legal and political mobilisation affect the domestic implementation of the ECtHR's judgments, as well as their potential to exert broader influence over policy and democratic reforms±
William M Gordon
- Published in print:
- 2007
- Published Online:
- September 2012
- ISBN:
- 9780748625161
- eISBN:
- 9780748671571
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748625161.003.0017
- Subject:
- Law, Legal History
The high regard in which Bell is held is generally based on his Commentaries and Principles but he had an important role in the extensive programme of law reform which took place over the nineteenth ...
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The high regard in which Bell is held is generally based on his Commentaries and Principles but he had an important role in the extensive programme of law reform which took place over the nineteenth century and beyond. His first involvement was with the Court of Session and the Jury Court in the 1820s but his major work was on a Commission set up in 1833 and finally expiring in 1839. Through its Reports it was ultimately responsible for a stream of legislation on diligence, the Court of Session, the Sheriff Courts and conveyancing. Investigation of its work underlines the vast material relevant to legal history to be found in Parliamentary Papers.Less
The high regard in which Bell is held is generally based on his Commentaries and Principles but he had an important role in the extensive programme of law reform which took place over the nineteenth century and beyond. His first involvement was with the Court of Session and the Jury Court in the 1820s but his major work was on a Commission set up in 1833 and finally expiring in 1839. Through its Reports it was ultimately responsible for a stream of legislation on diligence, the Court of Session, the Sheriff Courts and conveyancing. Investigation of its work underlines the vast material relevant to legal history to be found in Parliamentary Papers.
FRANCES HARRIS
- Published in print:
- 1991
- Published Online:
- October 2011
- ISBN:
- 9780198202240
- eISBN:
- 9780191675232
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202240.003.0007
- Subject:
- History, British and Irish Modern History
When Sarah's family was able to settle at St Albans, she was able to set aside her familiarity with Court finery and adapt to the lifestyle of a countrywoman as she lived with her family and some of ...
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When Sarah's family was able to settle at St Albans, she was able to set aside her familiarity with Court finery and adapt to the lifestyle of a countrywoman as she lived with her family and some of her ‘agreeable friends without ceremony’. This rather large group of family and close friends gathered in the spring of 1693 at Holywell. While the first few visitors at Holywell included Lord and Lady Sunderland, it is important to note that Sunderland was able to make a come back to politics as he served as William's ‘minister behind the curtain’. As Sarah noted, Sunderland expressed himself as a man of ‘sense and breeding’ especially in his attempts to reconcile the two estranged Courts.Less
When Sarah's family was able to settle at St Albans, she was able to set aside her familiarity with Court finery and adapt to the lifestyle of a countrywoman as she lived with her family and some of her ‘agreeable friends without ceremony’. This rather large group of family and close friends gathered in the spring of 1693 at Holywell. While the first few visitors at Holywell included Lord and Lady Sunderland, it is important to note that Sunderland was able to make a come back to politics as he served as William's ‘minister behind the curtain’. As Sarah noted, Sunderland expressed himself as a man of ‘sense and breeding’ especially in his attempts to reconcile the two estranged Courts.
FRANCES HARRIS
- Published in print:
- 1991
- Published Online:
- October 2011
- ISBN:
- 9780198202240
- eISBN:
- 9780191675232
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202240.003.0008
- Subject:
- History, British and Irish Modern History
Because Sarah and her family stood by Anne through the years despite all the challenges that they encountered, the Marlboroughs initially found their rewards when Anne became Queen. As such, Sarah ...
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Because Sarah and her family stood by Anne through the years despite all the challenges that they encountered, the Marlboroughs initially found their rewards when Anne became Queen. As such, Sarah was formally appointed the positions whose responsibilities she had been already been performing in the previous years —the two senior bedchamber offices of the groom, mistress of the robes, and even the power to control the personal spending the money of the Queen. Although Sarah had great influence through her positions, these had adverse effects since her Courts were found to be without care as she had to deal with her other responsibilities. She wanted an independent role that was relevant to political issues for she herself had plans for government.Less
Because Sarah and her family stood by Anne through the years despite all the challenges that they encountered, the Marlboroughs initially found their rewards when Anne became Queen. As such, Sarah was formally appointed the positions whose responsibilities she had been already been performing in the previous years —the two senior bedchamber offices of the groom, mistress of the robes, and even the power to control the personal spending the money of the Queen. Although Sarah had great influence through her positions, these had adverse effects since her Courts were found to be without care as she had to deal with her other responsibilities. She wanted an independent role that was relevant to political issues for she herself had plans for government.
James Heinzen
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780300175257
- eISBN:
- 9780300224764
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300175257.001.0001
- Subject:
- History, Russian and Former Soviet Union History
Traditions of official corruption inherited from the Soviet and late Imperial eras have continued to touch Russian life since the collapse of the USSR. This study is the first archive-based, ...
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Traditions of official corruption inherited from the Soviet and late Imperial eras have continued to touch Russian life since the collapse of the USSR. This study is the first archive-based, historical study of bribery and corruption in the Soviet Union for this period. A study of the solicitation and offering of bribes forms the heart of this research. Bribery (vziatochnichestvo)—typically defined in law as gifts in cash or in kind intended to influence public officials to the benefit of the giver—represents the paradigmatic variety of corruption. This study takes a novel approach to the phenomenon of the bribe, examining it as an integral part of an unofficial yet essential series of relationships upon which much of Soviet society and state administration relied in order to function, as it gradually became part of the fabric of everyday life. The book examines three major, related themes. The book’s first theme, “The Landscape of Bribery,” concerns the nature and varieties of bribery, while painting a sociological portrait of the people involved. Whom did prosecutors accuse of such crimes? The second major topic addresses the regime’s attempts to understand the causes of bribery, and then to wipe it out through centrally directed anti-corruption “campaigns.” “The view from below,” which examines popular perceptions and understandings of bribery, constitutes the third dimension of the study. Focusing on bribery among police, court, and other law enforcement employees, this phase explores the imprecise and shifting line that separated “acceptable” from “unacceptable” behavior.Less
Traditions of official corruption inherited from the Soviet and late Imperial eras have continued to touch Russian life since the collapse of the USSR. This study is the first archive-based, historical study of bribery and corruption in the Soviet Union for this period. A study of the solicitation and offering of bribes forms the heart of this research. Bribery (vziatochnichestvo)—typically defined in law as gifts in cash or in kind intended to influence public officials to the benefit of the giver—represents the paradigmatic variety of corruption. This study takes a novel approach to the phenomenon of the bribe, examining it as an integral part of an unofficial yet essential series of relationships upon which much of Soviet society and state administration relied in order to function, as it gradually became part of the fabric of everyday life. The book examines three major, related themes. The book’s first theme, “The Landscape of Bribery,” concerns the nature and varieties of bribery, while painting a sociological portrait of the people involved. Whom did prosecutors accuse of such crimes? The second major topic addresses the regime’s attempts to understand the causes of bribery, and then to wipe it out through centrally directed anti-corruption “campaigns.” “The view from below,” which examines popular perceptions and understandings of bribery, constitutes the third dimension of the study. Focusing on bribery among police, court, and other law enforcement employees, this phase explores the imprecise and shifting line that separated “acceptable” from “unacceptable” behavior.
Kimberly M. Welch
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9781469636436
- eISBN:
- 9781469636450
- Item type:
- book
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469636436.001.0001
- Subject:
- History, African-American History
In the antebellum Natchez district, in the heart of slave country, black people sued white people in all-white courtrooms. They sued to enforce the terms of their contracts, recover unpaid debts, ...
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In the antebellum Natchez district, in the heart of slave country, black people sued white people in all-white courtrooms. They sued to enforce the terms of their contracts, recover unpaid debts, recuperate back wages, and claim damages for assault. They sued in conflicts over property and personal status. And they often won. Based on new research conducted in courthouse basements and storage sheds in rural Mississippi and Louisiana, Kimberly Welch draws on over 1,000 examples of free and enslaved black litigants who used the courts to protect their interests and reconfigure their place in a tense society. To understand their success, Welch argues that we must understand the language that they used—the language of property, in particular—to make their claims recognizable and persuasive to others and to link their status as owner to the ideal of a free, autonomous citizen. In telling their stories, Welch reveals a previously unknown world of black legal activity, one that is consequential for understanding the long history of race, rights, and civic inclusion in America.Less
In the antebellum Natchez district, in the heart of slave country, black people sued white people in all-white courtrooms. They sued to enforce the terms of their contracts, recover unpaid debts, recuperate back wages, and claim damages for assault. They sued in conflicts over property and personal status. And they often won. Based on new research conducted in courthouse basements and storage sheds in rural Mississippi and Louisiana, Kimberly Welch draws on over 1,000 examples of free and enslaved black litigants who used the courts to protect their interests and reconfigure their place in a tense society. To understand their success, Welch argues that we must understand the language that they used—the language of property, in particular—to make their claims recognizable and persuasive to others and to link their status as owner to the ideal of a free, autonomous citizen. In telling their stories, Welch reveals a previously unknown world of black legal activity, one that is consequential for understanding the long history of race, rights, and civic inclusion in America.
Julie Macfarlane
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199753918
- eISBN:
- 9780199949588
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199753918.003.0008
- Subject:
- Religion, Islam
This chapter opens with a discussion of the 2010 Oklahoma Referendum which vividly demonstrates public fears and misapprehensions about “shari’a law.” One such misapprehension is the belief ...
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This chapter opens with a discussion of the 2010 Oklahoma Referendum which vividly demonstrates public fears and misapprehensions about “shari’a law.” One such misapprehension is the belief (unsupported by evidence) that North American Muslims wish to establish shari’a as an alternate legal system. In contrast, this study suggests that Muslims understand their recourse to traditional processes such as Islamic marriage and divorce as an aspect of their private lives. The courts do not recognize Islamic marriage and divorce, refusing (in most cases) to enforce a promise by a husband to pay mahr contained in an Islamic marriage contract. At the same time, the courts (under the principle of “comity”) may recognize an Islamic marriage or divorce carried out in a Muslim country, even when it appears to be a sham to avoid obligations due in North America. There is clear evidence that North American Muslims use the courts in divorce matters (see chapter seven). Respondents saw no dissonance between their identity as Muslims and their citizen’s right to bring contentious matters to the courts. A very small number resisted either paying or receiving money under a court order because they felt this compromised their beliefs. Many more complained that the courts did not understand or respect Muslims.Less
This chapter opens with a discussion of the 2010 Oklahoma Referendum which vividly demonstrates public fears and misapprehensions about “shari’a law.” One such misapprehension is the belief (unsupported by evidence) that North American Muslims wish to establish shari’a as an alternate legal system. In contrast, this study suggests that Muslims understand their recourse to traditional processes such as Islamic marriage and divorce as an aspect of their private lives. The courts do not recognize Islamic marriage and divorce, refusing (in most cases) to enforce a promise by a husband to pay mahr contained in an Islamic marriage contract. At the same time, the courts (under the principle of “comity”) may recognize an Islamic marriage or divorce carried out in a Muslim country, even when it appears to be a sham to avoid obligations due in North America. There is clear evidence that North American Muslims use the courts in divorce matters (see chapter seven). Respondents saw no dissonance between their identity as Muslims and their citizen’s right to bring contentious matters to the courts. A very small number resisted either paying or receiving money under a court order because they felt this compromised their beliefs. Many more complained that the courts did not understand or respect Muslims.
Stephen Cretney
- Published in print:
- 2005
- Published Online:
- February 2010
- ISBN:
- 9780199280919
- eISBN:
- 9780191713170
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280919.003.0011
- Subject:
- Law, Family Law, Legal History
For many years, married women who needed protection used the Magistrates’ Courts, which had a (very restricted) jurisdiction to make orders in cases where wife and children needed financial support ...
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For many years, married women who needed protection used the Magistrates’ Courts, which had a (very restricted) jurisdiction to make orders in cases where wife and children needed financial support from the husband. How should those orders be enforced? Was there any scope for social work intervention? The State provided support through the Poor Law and then, after World War II, through welfare benefits; but should the adults involved be ultimately responsible for the cost? Eventually the Child Support Act 1991 introduced what was intended to be a modern and scientific system under which a Child Support Agency would use a formula to calculate responsibility for family support and have recourse to efficient business management tools to enforce the obligations. The scheme did not work out wholly as had been hoped.Less
For many years, married women who needed protection used the Magistrates’ Courts, which had a (very restricted) jurisdiction to make orders in cases where wife and children needed financial support from the husband. How should those orders be enforced? Was there any scope for social work intervention? The State provided support through the Poor Law and then, after World War II, through welfare benefits; but should the adults involved be ultimately responsible for the cost? Eventually the Child Support Act 1991 introduced what was intended to be a modern and scientific system under which a Child Support Agency would use a formula to calculate responsibility for family support and have recourse to efficient business management tools to enforce the obligations. The scheme did not work out wholly as had been hoped.
Piet Eeckhout
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199606634
- eISBN:
- 9780191729560
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199606634.001.0001
- Subject:
- Law, EU Law
The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding many international ...
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The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding many international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and fast expanding body of case law in this area from the EU Courts. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important place in the overall constitutional and institutional development of the EU. This book examines the legal foundations of the EU's external relations. It focuses on the EU's external competences and objectives; on the instruments, principles, and actors of external policies; and on the legal effects of international agreements and international law. It analyses a number of key external policies, particularly in the fields of trade and foreign policy.Less
The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding many international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and fast expanding body of case law in this area from the EU Courts. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important place in the overall constitutional and institutional development of the EU. This book examines the legal foundations of the EU's external relations. It focuses on the EU's external competences and objectives; on the instruments, principles, and actors of external policies; and on the legal effects of international agreements and international law. It analyses a number of key external policies, particularly in the fields of trade and foreign policy.
Alexandre (Sandy) Kedar
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780199260744
- eISBN:
- 9780191698675
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199260744.003.0020
- Subject:
- Law, Philosophy of Law
Since the ‘Courts of the Conquerors’ appears to have a complex view regarding how native land becomes subject to dispossession, this chapter attempts to look into observations and assumptions about ...
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Since the ‘Courts of the Conquerors’ appears to have a complex view regarding how native land becomes subject to dispossession, this chapter attempts to look into observations and assumptions about the responsibilities and actions taken by the Supreme Courts and the setting up and maintaining of the geographies of power associated to various settler societies. In attempting to heighten others' interest in exploring settler societies' land regimes that would aid in the development of the said research agenda of legal geography, the chapter introduces political geographer Oren Yiftachel's conception of ethnocratic settler societies. Aside from introducing the novel discipline referred to as Legal Geography that accounts for how Critical Legal Studies (CLS) may have favourable effects on Critical Local Geography (CLG), this chapter also presents how ethnocratic land regimes are created and sustained. Also, the chapter looks into the specific case of how the Israeli land regime was formulated through the Israeli legal system.Less
Since the ‘Courts of the Conquerors’ appears to have a complex view regarding how native land becomes subject to dispossession, this chapter attempts to look into observations and assumptions about the responsibilities and actions taken by the Supreme Courts and the setting up and maintaining of the geographies of power associated to various settler societies. In attempting to heighten others' interest in exploring settler societies' land regimes that would aid in the development of the said research agenda of legal geography, the chapter introduces political geographer Oren Yiftachel's conception of ethnocratic settler societies. Aside from introducing the novel discipline referred to as Legal Geography that accounts for how Critical Legal Studies (CLS) may have favourable effects on Critical Local Geography (CLG), this chapter also presents how ethnocratic land regimes are created and sustained. Also, the chapter looks into the specific case of how the Israeli land regime was formulated through the Israeli legal system.
Ashley Baggett
- Published in print:
- 2017
- Published Online:
- May 2019
- ISBN:
- 9781496815217
- eISBN:
- 9781496815255
- Item type:
- chapter
- Publisher:
- University Press of Mississippi
- DOI:
- 10.14325/mississippi/9781496815217.003.0005
- Subject:
- Society and Culture, Gender Studies
The examination of families, communities, and institutions illustrates a larger social awareness about intimate partner violence. At the core of this change lay a shift in the family power dynamic. ...
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The examination of families, communities, and institutions illustrates a larger social awareness about intimate partner violence. At the core of this change lay a shift in the family power dynamic. Essentially, in return for submission of one’s wife and children, family members believed men had to be protective and refrain from violently acting out against his wife. If a man violated this new understanding, he could not command respect or power from other members of the family. The larger community also acted: crowds frequently formed when members of the community overheard a domestic dispute. On a larger level, institutions began supporting these new gender expectations. Overall, society brought increased awareness and pressure on the problem of intimate partner violence, forcing the courts to act.Less
The examination of families, communities, and institutions illustrates a larger social awareness about intimate partner violence. At the core of this change lay a shift in the family power dynamic. Essentially, in return for submission of one’s wife and children, family members believed men had to be protective and refrain from violently acting out against his wife. If a man violated this new understanding, he could not command respect or power from other members of the family. The larger community also acted: crowds frequently formed when members of the community overheard a domestic dispute. On a larger level, institutions began supporting these new gender expectations. Overall, society brought increased awareness and pressure on the problem of intimate partner violence, forcing the courts to act.
Giacinto della Cananea and Stefano Mannoni (eds)
- Published in print:
- 2021
- Published Online:
- March 2021
- ISBN:
- 9780198867562
- eISBN:
- 9780191904332
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198867562.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book argues that too often the evolution of administrative law in Europe has been considered in the light of legal doctrines fashioned at the national level, if not of few authors, whose works ...
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This book argues that too often the evolution of administrative law in Europe has been considered in the light of legal doctrines fashioned at the national level, if not of few authors, whose works are quoted to stress the different paths undertaken by European countries after the French Revolution. The book deviates from these standard accounts in that it focuses on control of administrative power by the courts and considers, empirically, judicial decisions at the epoch of the Belle Époque, more precisely the years 1890-1910. The legal systems selected for comparison include Austria, Belgium, France, Germany, Italy, and the UK. Some relied on ordinary or generalist courts, while others created administrative courts, The outcome of the analysis confirms that, in contrast with the over-emphasized differences among national legal doctrines, the challenges which those legal systems faced were largely the same. Moreover, and more importantly, the analysis of the standards of conduct defined and refined by the courts reveals that they exercised an increasingly vigorous control over discretion. They gradually opened the gates of judicial review to new interests, intervened on grounds of purpose and defined general principles of law that were very similar, if not the same. The courts, not legislators, thus created the central tenets of administrative law. Finally, various explanations for the role played by the courts are considered in legal, historic, and political perspectives. The book thus provides an unprecedented outlook on the relationship between public authorities and individuals at the zenith of the sovereign state.Less
This book argues that too often the evolution of administrative law in Europe has been considered in the light of legal doctrines fashioned at the national level, if not of few authors, whose works are quoted to stress the different paths undertaken by European countries after the French Revolution. The book deviates from these standard accounts in that it focuses on control of administrative power by the courts and considers, empirically, judicial decisions at the epoch of the Belle Époque, more precisely the years 1890-1910. The legal systems selected for comparison include Austria, Belgium, France, Germany, Italy, and the UK. Some relied on ordinary or generalist courts, while others created administrative courts, The outcome of the analysis confirms that, in contrast with the over-emphasized differences among national legal doctrines, the challenges which those legal systems faced were largely the same. Moreover, and more importantly, the analysis of the standards of conduct defined and refined by the courts reveals that they exercised an increasingly vigorous control over discretion. They gradually opened the gates of judicial review to new interests, intervened on grounds of purpose and defined general principles of law that were very similar, if not the same. The courts, not legislators, thus created the central tenets of administrative law. Finally, various explanations for the role played by the courts are considered in legal, historic, and political perspectives. The book thus provides an unprecedented outlook on the relationship between public authorities and individuals at the zenith of the sovereign state.
David Anderson QC and Cian C Murphy
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199644322
- eISBN:
- 9780191738173
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199644322.003.0007
- Subject:
- Law, EU Law
The EU Charter of Fundamental Rights has been incorporated into European constitutional law 10 years after it was adopted by the EU institutions. In that time the Charter developed from a ‘solemn ...
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The EU Charter of Fundamental Rights has been incorporated into European constitutional law 10 years after it was adopted by the EU institutions. In that time the Charter developed from a ‘solemn proclamation’ to a persuasive authority before the European Courts and now a binding Charter for the EU. It has been referred to in the case law of both the European Court of Justice and the European Court of Human Rights. However, the Charter's history and future are the subject of political contest and academic debate. Along with the accession to the European Convention on Human Rights, it is likely to provide much scope for debate in coming years. This chapter assesses the Charter's development from a proposal to increase EU legitimacy to its current status as the Union's own Bill of Rights. It examines the rights protected by the Charter, their sources and how they may be interpreted in light of the ‘Explanations’ in the Official Journal. The case law of the European Courts on the Charter is catalogued and analysed to determine the Charter's likely value in human rights litigation. Finally, the chapter analyses the application of the Charter across the EU and considers its implications in the Member States that have limited its effect. Three related themes are woven throughout the analysis: the conflicting motivations of the Member States and the EU institutions, the potential for broadening and strengthening human rights protection in the EU and the Charter's relationship with the European Convention on Human Rights.Less
The EU Charter of Fundamental Rights has been incorporated into European constitutional law 10 years after it was adopted by the EU institutions. In that time the Charter developed from a ‘solemn proclamation’ to a persuasive authority before the European Courts and now a binding Charter for the EU. It has been referred to in the case law of both the European Court of Justice and the European Court of Human Rights. However, the Charter's history and future are the subject of political contest and academic debate. Along with the accession to the European Convention on Human Rights, it is likely to provide much scope for debate in coming years. This chapter assesses the Charter's development from a proposal to increase EU legitimacy to its current status as the Union's own Bill of Rights. It examines the rights protected by the Charter, their sources and how they may be interpreted in light of the ‘Explanations’ in the Official Journal. The case law of the European Courts on the Charter is catalogued and analysed to determine the Charter's likely value in human rights litigation. Finally, the chapter analyses the application of the Charter across the EU and considers its implications in the Member States that have limited its effect. Three related themes are woven throughout the analysis: the conflicting motivations of the Member States and the EU institutions, the potential for broadening and strengthening human rights protection in the EU and the Charter's relationship with the European Convention on Human Rights.
