E. Kay, M. Tisdall, and F. Morrison
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199652501
- eISBN:
- 9780191739217
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199652501.003.0011
- Subject:
- Law, Family Law, Human Rights and Immigration
Children's participation generally — and children's participation in court proceedings when their parents divorce or separate specifically — has gained considerable policy and practice prominence. In ...
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Children's participation generally — and children's participation in court proceedings when their parents divorce or separate specifically — has gained considerable policy and practice prominence. In 1995, the Children (Scotland) Act was passed; it was the most radical, across UK children's legislation, in specifying the requirement for children's participation. The 1995 Act remains the foundation of current Scottish family law, with certain amendments in regards to contested contact. In 1999, the then Scottish Executive commissioned the first study on the relevant provisions. The study analysed all related legislation and guidance, reported case law up until 2001, and undertook a feasibility study on investigating children's experiences of their participation. This chapter explores whether progress has been made since the study was undertaken. After summarizing the relevant legal provisions, an updated review of reported case law is undertaken. It then presents provisional findings from research with children about their participation in the contested area of child contact where there is a history of domestic abuse. The analysis concentrates particularly on the processes of participation and the ‘weight’ given to children's views, with accompanying consideration of how children and childhood are constructed within these.Less
Children's participation generally — and children's participation in court proceedings when their parents divorce or separate specifically — has gained considerable policy and practice prominence. In 1995, the Children (Scotland) Act was passed; it was the most radical, across UK children's legislation, in specifying the requirement for children's participation. The 1995 Act remains the foundation of current Scottish family law, with certain amendments in regards to contested contact. In 1999, the then Scottish Executive commissioned the first study on the relevant provisions. The study analysed all related legislation and guidance, reported case law up until 2001, and undertook a feasibility study on investigating children's experiences of their participation. This chapter explores whether progress has been made since the study was undertaken. After summarizing the relevant legal provisions, an updated review of reported case law is undertaken. It then presents provisional findings from research with children about their participation in the contested area of child contact where there is a history of domestic abuse. The analysis concentrates particularly on the processes of participation and the ‘weight’ given to children's views, with accompanying consideration of how children and childhood are constructed within these.
Hiroshi Oda
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199232185
- eISBN:
- 9780191705335
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232185.003.0004
- Subject:
- Law, Comparative Law
This chapter focuses on the administration of justice in Japan. It begins with a discussion of the history of Japan's system of courts. It then discusses justice system reform, the court system, lay ...
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This chapter focuses on the administration of justice in Japan. It begins with a discussion of the history of Japan's system of courts. It then discusses justice system reform, the court system, lay participation, speeding up of court proceedings, alternative dispute resolution, and international commercial arbitration.Less
This chapter focuses on the administration of justice in Japan. It begins with a discussion of the history of Japan's system of courts. It then discusses justice system reform, the court system, lay participation, speeding up of court proceedings, alternative dispute resolution, and international commercial arbitration.
ZVI RAZI and RICHARD M. SMITH
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198201908
- eISBN:
- 9780191675065
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198201908.003.0002
- Subject:
- History, British and Irish Medieval History, Social History
This chapter offers an explanation for the shift from oral to written procedures in manorial courts in England. It argues that the proceedings of the manor court in England were recorded as a result ...
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This chapter offers an explanation for the shift from oral to written procedures in manorial courts in England. It argues that the proceedings of the manor court in England were recorded as a result of an attempt made by 13th-century landlords to bring their courts in line with prior developments in royal courts, as a protective measure against the growing popularity of these central courts. The discussion begins with a review of the developments in the documentation of English manors in general and of their courts in particular. It then investigates when and why landlords began to record the proceedings of courts. This is followed by an examination of the relationship between royal and manorial courts. A penultimate section deals with the curial clerks and the impact of manorial recordkeeping on the spread of practical literacy.Less
This chapter offers an explanation for the shift from oral to written procedures in manorial courts in England. It argues that the proceedings of the manor court in England were recorded as a result of an attempt made by 13th-century landlords to bring their courts in line with prior developments in royal courts, as a protective measure against the growing popularity of these central courts. The discussion begins with a review of the developments in the documentation of English manors in general and of their courts in particular. It then investigates when and why landlords began to record the proceedings of courts. This is followed by an examination of the relationship between royal and manorial courts. A penultimate section deals with the curial clerks and the impact of manorial recordkeeping on the spread of practical literacy.
Oscar Gelderblom
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691142883
- eISBN:
- 9781400848591
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691142883.003.0007
- Subject:
- Economics and Finance, Economic History
This chapter examines the various ways in which the merchants of the Low Countries dealt with losses from violent assaults. It shows the importance of urban competition, not only for specific groups ...
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This chapter examines the various ways in which the merchants of the Low Countries dealt with losses from violent assaults. It shows the importance of urban competition, not only for specific groups like the German Hanse, but also for the merchant community at large that used the cities' increasingly sophisticated commodity and financial markets to share, spread, and transfer the commercial risks created by Europe's political and legal fragmentation. The chapter first considers how collective action was used by merchants to discipline rulers, as exemplified by the boycotts of Bruges, mostly by the German Hanse but sometimes also by English and Spanish traders, between 1270 and 1310. It then explores court proceedings and spreading of risks as a means for merchants to deal with losses and to organize compensation.Less
This chapter examines the various ways in which the merchants of the Low Countries dealt with losses from violent assaults. It shows the importance of urban competition, not only for specific groups like the German Hanse, but also for the merchant community at large that used the cities' increasingly sophisticated commodity and financial markets to share, spread, and transfer the commercial risks created by Europe's political and legal fragmentation. The chapter first considers how collective action was used by merchants to discipline rulers, as exemplified by the boycotts of Bruges, mostly by the German Hanse but sometimes also by English and Spanish traders, between 1270 and 1310. It then explores court proceedings and spreading of risks as a means for merchants to deal with losses and to organize compensation.
Antonio R. Parra
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199660568
- eISBN:
- 9780191743382
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199660568.003.0008
- Subject:
- Law, Public International Law, Legal History
This chapter focuses on key aspects of the cases brought to ICSID in its first two decades. Section I examines the ways in which successive Secretaries-General handled the registration of requests to ...
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This chapter focuses on key aspects of the cases brought to ICSID in its first two decades. Section I examines the ways in which successive Secretaries-General handled the registration of requests to institute proceedings and, in particular, their ‘screening’ of such requests. Patterns in the constitution of the conciliation commissions and arbitral tribunals are traced in Section II, as are the first experiences of the Centre with the resignation and challenge of arbitrators. Section III discusses the distinctly pragmatic approaches of arbitral tribunals in this period to jurisdictional issues, especially the requirement of consent. There was controversy in the early 1980s as to the availability, in the context of an ICSID case, of court-ordered provisional measures. The controversy is reviewed in Section IV, which also looks at the first instances of arbitral provisional measures under Article 47 of the ICSID Convention. Section V examines the underlying interpretations of Article 42(1) of the Convention. Three ad hoc committee decisions rendered under Article 52 of the Convention are the subject of Section VI. Most of the few court proceedings for the enforcement of ICSID awards took place in these early years; the proceedings are reviewed in the concluding Section VII.Less
This chapter focuses on key aspects of the cases brought to ICSID in its first two decades. Section I examines the ways in which successive Secretaries-General handled the registration of requests to institute proceedings and, in particular, their ‘screening’ of such requests. Patterns in the constitution of the conciliation commissions and arbitral tribunals are traced in Section II, as are the first experiences of the Centre with the resignation and challenge of arbitrators. Section III discusses the distinctly pragmatic approaches of arbitral tribunals in this period to jurisdictional issues, especially the requirement of consent. There was controversy in the early 1980s as to the availability, in the context of an ICSID case, of court-ordered provisional measures. The controversy is reviewed in Section IV, which also looks at the first instances of arbitral provisional measures under Article 47 of the ICSID Convention. Section V examines the underlying interpretations of Article 42(1) of the Convention. Three ad hoc committee decisions rendered under Article 52 of the Convention are the subject of Section VI. Most of the few court proceedings for the enforcement of ICSID awards took place in these early years; the proceedings are reviewed in the concluding Section VII.
STEPHEN CRETNEY
- Published in print:
- 1998
- Published Online:
- March 2012
- ISBN:
- 9780198268710
- eISBN:
- 9780191683565
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268710.003.0004
- Subject:
- Law, Family Law
The bitterness, distress, and humiliation so often associated with divorce was not entirely attributable to the substantive law. Press publicity—often perhaps just the fear of publicity—was ...
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The bitterness, distress, and humiliation so often associated with divorce was not entirely attributable to the substantive law. Press publicity—often perhaps just the fear of publicity—was distressing; whilst the adversarial tradition of court proceedings in which one party had to prove the guilt of the other made matters worse for husbands and wives sucked into litigation. This chapter deals with the circumstances which led to statutory restrictions being put on press reporting of court cases dealing with divorce. It is clear that the prohibition on publication of indecent matter added little to the law. Secondly, although the Judicial Proceedings (Regulation of Reports) Act 1926—one of the rare examples of peace-time legislation specifically restricting the freedom of the press to publish material lawfully in a reporter's possession—prevented the daily press from giving detailed verbatim accounts of sensational divorce cases, the direct effect of the restrictions on reporting divorce cases was not significant; and the press proved well able to make copy, even in undefended cases.Less
The bitterness, distress, and humiliation so often associated with divorce was not entirely attributable to the substantive law. Press publicity—often perhaps just the fear of publicity—was distressing; whilst the adversarial tradition of court proceedings in which one party had to prove the guilt of the other made matters worse for husbands and wives sucked into litigation. This chapter deals with the circumstances which led to statutory restrictions being put on press reporting of court cases dealing with divorce. It is clear that the prohibition on publication of indecent matter added little to the law. Secondly, although the Judicial Proceedings (Regulation of Reports) Act 1926—one of the rare examples of peace-time legislation specifically restricting the freedom of the press to publish material lawfully in a reporter's possession—prevented the daily press from giving detailed verbatim accounts of sensational divorce cases, the direct effect of the restrictions on reporting divorce cases was not significant; and the press proved well able to make copy, even in undefended cases.
Christoph Kumpan
Cathrin Bauer-Bulst (ed.)
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0024
- Subject:
- Law, Comparative Law, Private International Law
While alternative dispute resolution has a long-standing tradition in Switzerland, mediation is a rather new phenomenon that has developed largely outside the legislative sphere. Switzerland–not ...
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While alternative dispute resolution has a long-standing tradition in Switzerland, mediation is a rather new phenomenon that has developed largely outside the legislative sphere. Switzerland–not being a Member State of the European Union–has also remained unaffected by recent EU developments and in particular the new EU directive on mediation. However, the country has recently undertaken the creation of its first Code of Civil Procedure at federal level and, in doing so, has also taken steps towards regulating a few aspects of mediation. While leaving untouched much of the party autonomy that has characterised mediation thus far, the new Code regulates the points of interaction between mediation and court proceedings. In particular, mediation is now available as an alternative to the conciliatory proceeding that is obligatory for parties to most civil lawsuits. The chapter on mediation in Switzerland gives a brief overview of the situation as it now stands under the new legislation, covering federal and cantonal legislation, and the practice of mediation including training and statistics on its use.Less
While alternative dispute resolution has a long-standing tradition in Switzerland, mediation is a rather new phenomenon that has developed largely outside the legislative sphere. Switzerland–not being a Member State of the European Union–has also remained unaffected by recent EU developments and in particular the new EU directive on mediation. However, the country has recently undertaken the creation of its first Code of Civil Procedure at federal level and, in doing so, has also taken steps towards regulating a few aspects of mediation. While leaving untouched much of the party autonomy that has characterised mediation thus far, the new Code regulates the points of interaction between mediation and court proceedings. In particular, mediation is now available as an alternative to the conciliatory proceeding that is obligatory for parties to most civil lawsuits. The chapter on mediation in Switzerland gives a brief overview of the situation as it now stands under the new legislation, covering federal and cantonal legislation, and the practice of mediation including training and statistics on its use.
Christa Jessel-holst
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0010
- Subject:
- Law, Comparative Law, Private International Law
Mediation in Hungary was initially regulated only for specific kinds of mediation (consumer protection, health care). The first general statutory regulation was adopted in the form of Act LV/2002 on ...
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Mediation in Hungary was initially regulated only for specific kinds of mediation (consumer protection, health care). The first general statutory regulation was adopted in the form of Act LV/2002 on Mediation, which even today remains the main legal source for mediation. Directive 2008/52/EC was implemented in Hungary in 2009. Since then, binding rules for the professional education of mediators have to be observed. The enforceability of settlements has been facilitated by allowing for subsequent approval by the court. Cost incentives have been extended. Recent reforms aim at the further strengthening of mediation as an alternative to court proceedings. Mediation may also be performed by way of video-conference.Less
Mediation in Hungary was initially regulated only for specific kinds of mediation (consumer protection, health care). The first general statutory regulation was adopted in the form of Act LV/2002 on Mediation, which even today remains the main legal source for mediation. Directive 2008/52/EC was implemented in Hungary in 2009. Since then, binding rules for the professional education of mediators have to be observed. The enforceability of settlements has been facilitated by allowing for subsequent approval by the court. Cost incentives have been extended. Recent reforms aim at the further strengthening of mediation as an alternative to court proceedings. Mediation may also be performed by way of video-conference.
Sudhanshu Ranjan
- Published in print:
- 2019
- Published Online:
- July 2019
- ISBN:
- 9780199490493
- eISBN:
- 9780199096275
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199490493.003.0005
- Subject:
- Law, Legal Profession and Ethics
Judicial delays garrote justice. A civil case filed in Calcutta (now Kolkata) in 1833 is still hanging fire. India has the record of having witnessed a longest contested lawsuit according to the ...
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Judicial delays garrote justice. A civil case filed in Calcutta (now Kolkata) in 1833 is still hanging fire. India has the record of having witnessed a longest contested lawsuit according to the Guinness Book Of World Records. In Pune, on 28th April 1966, Balasaheb Patloji Thorat received a favourable judgment in a suit filed by his ancestor Maloji Thorat 761 years earlier in 1205 CE. Reasons behind the unconscionable delays have been discussed in detail. It is curable provided there is a will and honesty to do it.Less
Judicial delays garrote justice. A civil case filed in Calcutta (now Kolkata) in 1833 is still hanging fire. India has the record of having witnessed a longest contested lawsuit according to the Guinness Book Of World Records. In Pune, on 28th April 1966, Balasaheb Patloji Thorat received a favourable judgment in a suit filed by his ancestor Maloji Thorat 761 years earlier in 1205 CE. Reasons behind the unconscionable delays have been discussed in detail. It is curable provided there is a will and honesty to do it.
Agnès Maillot
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780719084898
- eISBN:
- 9781526103918
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719084898.003.0004
- Subject:
- Political Science, Public Policy
In 1941 Sinn Féin President Margaret Buckley took legal action against the State in an attempt to recover the Sinn Féin funds that had been lodged in the Free State Courts two decades earlier. This ...
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In 1941 Sinn Féin President Margaret Buckley took legal action against the State in an attempt to recover the Sinn Féin funds that had been lodged in the Free State Courts two decades earlier. This episode gave an interesting insight into what Sinn Féin had contributed to Irish history, how the past was recorded by those who had played a major part in the Revolutionary period, and who could claim the legacy of the pre-Civil War party.Less
In 1941 Sinn Féin President Margaret Buckley took legal action against the State in an attempt to recover the Sinn Féin funds that had been lodged in the Free State Courts two decades earlier. This episode gave an interesting insight into what Sinn Féin had contributed to Irish history, how the past was recorded by those who had played a major part in the Revolutionary period, and who could claim the legacy of the pre-Civil War party.
- Published in print:
- 2008
- Published Online:
- March 2013
- ISBN:
- 9780226712932
- eISBN:
- 9780226712963
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226712963.003.0001
- Subject:
- Anthropology, Social and Cultural Anthropology
This book analyzes tradition and culture as discourses in and of contemporary tribal law by considering the microdetails of face-to-face communication in one tribal legal context: that of property ...
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This book analyzes tradition and culture as discourses in and of contemporary tribal law by considering the microdetails of face-to-face communication in one tribal legal context: that of property hearings held before the Hopi Tribal Court. It argues that the complex imbrications of language, culture, and law constitute the emergent “edge” of contemporary Hopi tribal jurisprudence and the social meanings and effects generated there. It supports this claim by analyzing how legal actors work up contradictory formulations regarding the kinds of talk that are the proper modes and objects of Hopi Tribe courtroom proceedings; how they call for or challenge courtroom uses of tradition by invoking notions of Hopi cultural difference, tradition, and claims to tribal sovereignty. It thus offers a fresh look into the politics of indigenous tradition and culture. The book focuses on the ways in which the ideologies, metadiscourses, and metapragmatics that constitute the “courtroom talk about courtroom talk” constitute notions of tradition and cultural difference in ways that reveal multiple, contradictory, even paradoxical meanings and consequences as the sequence of Hopi court proceedings unfolds.Less
This book analyzes tradition and culture as discourses in and of contemporary tribal law by considering the microdetails of face-to-face communication in one tribal legal context: that of property hearings held before the Hopi Tribal Court. It argues that the complex imbrications of language, culture, and law constitute the emergent “edge” of contemporary Hopi tribal jurisprudence and the social meanings and effects generated there. It supports this claim by analyzing how legal actors work up contradictory formulations regarding the kinds of talk that are the proper modes and objects of Hopi Tribe courtroom proceedings; how they call for or challenge courtroom uses of tradition by invoking notions of Hopi cultural difference, tradition, and claims to tribal sovereignty. It thus offers a fresh look into the politics of indigenous tradition and culture. The book focuses on the ways in which the ideologies, metadiscourses, and metapragmatics that constitute the “courtroom talk about courtroom talk” constitute notions of tradition and cultural difference in ways that reveal multiple, contradictory, even paradoxical meanings and consequences as the sequence of Hopi court proceedings unfolds.
Sudhir Chandra
- Published in print:
- 2008
- Published Online:
- October 2012
- ISBN:
- 9780195695731
- eISBN:
- 9780199080311
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195695731.001.0001
- Subject:
- Sociology, Gender and Sexuality
This book discusses the case of Dadaji Bhikaji against Rukhmabai, his twenty-two year old wife. Dadaji filed the suit against his spouse when, after eleven years, she refused to live with him as per ...
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This book discusses the case of Dadaji Bhikaji against Rukhmabai, his twenty-two year old wife. Dadaji filed the suit against his spouse when, after eleven years, she refused to live with him as per the Hindu marriage law. The book looks at all aspects of the lawsuit, including the reactions of the people towards the argument of Pinhey and Rukhmabai’s defiance in consenting to live with her husband. It looks at the role of the British during the court proceedings and highlights some details of Rukhmabai’s life that could reveal some psycho-social factors that gave her the strength to rebel. It is important to note that this book is written using a radical-feminist stance.Less
This book discusses the case of Dadaji Bhikaji against Rukhmabai, his twenty-two year old wife. Dadaji filed the suit against his spouse when, after eleven years, she refused to live with him as per the Hindu marriage law. The book looks at all aspects of the lawsuit, including the reactions of the people towards the argument of Pinhey and Rukhmabai’s defiance in consenting to live with her husband. It looks at the role of the British during the court proceedings and highlights some details of Rukhmabai’s life that could reveal some psycho-social factors that gave her the strength to rebel. It is important to note that this book is written using a radical-feminist stance.
Edda Frankot
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780748646241
- eISBN:
- 9780748676712
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748646241.003.0007
- Subject:
- History, British and Irish Medieval History
This chapter discusses a number of issues concerning the administration of maritime justice. Firstly, it investigates who administered justice in the towns of Aberdeen, Kampen, Lübeck, Danzig and ...
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This chapter discusses a number of issues concerning the administration of maritime justice. Firstly, it investigates who administered justice in the towns of Aberdeen, Kampen, Lübeck, Danzig and Reval, but also which court was competent and which law applied when parties of different ‘nationalities’ were involved in a single case. This was a regular occurrence, but it will be argued here that it rarely caused any problems and did not result in the coming into being of supra-national laws or courts. Secondly, the chapter considers in more detail the courts of Lübeck and Danzig, which functioned as a court of appeal for Reval and as a central maritime court for Prussia and Poland respectively. Finally, direct evidence for the use of the written laws in each of the urban courts is analysed and compared in order to establish whether the available manuscripts were actually used in court proceedings.Less
This chapter discusses a number of issues concerning the administration of maritime justice. Firstly, it investigates who administered justice in the towns of Aberdeen, Kampen, Lübeck, Danzig and Reval, but also which court was competent and which law applied when parties of different ‘nationalities’ were involved in a single case. This was a regular occurrence, but it will be argued here that it rarely caused any problems and did not result in the coming into being of supra-national laws or courts. Secondly, the chapter considers in more detail the courts of Lübeck and Danzig, which functioned as a court of appeal for Reval and as a central maritime court for Prussia and Poland respectively. Finally, direct evidence for the use of the written laws in each of the urban courts is analysed and compared in order to establish whether the available manuscripts were actually used in court proceedings.
- Published in print:
- 2008
- Published Online:
- March 2013
- ISBN:
- 9780226712932
- eISBN:
- 9780226712963
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226712963.003.0005
- Subject:
- Anthropology, Social and Cultural Anthropology
This chapter explores the details of the Hopi Tribe's courtroom interaction with theories of legal narrativity via recent anthropological studies of narrative interaction. It analyzes a third Hopi ...
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This chapter explores the details of the Hopi Tribe's courtroom interaction with theories of legal narrativity via recent anthropological studies of narrative interaction. It analyzes a third Hopi hearing interaction, examining how the very operations of Hopi Tribal Court proceedings and the whole of tribal law instantiated therein are constituted by Hopi legal actors through narrative interactions that allow for the articulation of both Anglo-style notions of legal process and Hopi notions of tradition. It shows how Hopi litigants work to co-narrate the settings of their dispute claims as informed by “truths” grounded in “relational” notions of Hopi tradition that are “outside” Anglo-style law. In doing so, they are also negotiating the very operations of the Hopi court proceedings with which they are engaged. The result is the production of Hopi hearing narratives, and a macrosociological story of the Hopi law they instantiate, that are informed to their core by a unique admixture of Anglo-style and Hopi traditional norms and processes of property disputes.Less
This chapter explores the details of the Hopi Tribe's courtroom interaction with theories of legal narrativity via recent anthropological studies of narrative interaction. It analyzes a third Hopi hearing interaction, examining how the very operations of Hopi Tribal Court proceedings and the whole of tribal law instantiated therein are constituted by Hopi legal actors through narrative interactions that allow for the articulation of both Anglo-style notions of legal process and Hopi notions of tradition. It shows how Hopi litigants work to co-narrate the settings of their dispute claims as informed by “truths” grounded in “relational” notions of Hopi tradition that are “outside” Anglo-style law. In doing so, they are also negotiating the very operations of the Hopi court proceedings with which they are engaged. The result is the production of Hopi hearing narratives, and a macrosociological story of the Hopi law they instantiate, that are informed to their core by a unique admixture of Anglo-style and Hopi traditional norms and processes of property disputes.
Carla J. Barrett
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814709467
- eISBN:
- 9780814760048
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814709467.003.0005
- Subject:
- Sociology, Law, Crime and Deviance
This chapter illustrates the often paternalistic and maternalistic treatment given to kids by judges and other court actors in the Manhattan Youth Part during court proceedings. By showing the ...
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This chapter illustrates the often paternalistic and maternalistic treatment given to kids by judges and other court actors in the Manhattan Youth Part during court proceedings. By showing the various discursive and dramaturgical strategies employed within the court, it argues that these practices reconceptualize the original parens patriae philosophy, with its emphasis on individualized justice, extralegal factors, and child-saving strategies, updating and reinventing it to fit within the structural constraints of a criminal court. The chapter also provides a detailed comparison of the author's ethnographic findings with Aaron Kupchik's findings published in The Process Is the Punishment: Handling Cases in a Lower Criminal Court (1979) in order to understand both the commonalities and differences between case processing in two courts operating under the same state law.Less
This chapter illustrates the often paternalistic and maternalistic treatment given to kids by judges and other court actors in the Manhattan Youth Part during court proceedings. By showing the various discursive and dramaturgical strategies employed within the court, it argues that these practices reconceptualize the original parens patriae philosophy, with its emphasis on individualized justice, extralegal factors, and child-saving strategies, updating and reinventing it to fit within the structural constraints of a criminal court. The chapter also provides a detailed comparison of the author's ethnographic findings with Aaron Kupchik's findings published in The Process Is the Punishment: Handling Cases in a Lower Criminal Court (1979) in order to understand both the commonalities and differences between case processing in two courts operating under the same state law.
Linda Stratmann
- Published in print:
- 2013
- Published Online:
- October 2013
- ISBN:
- 9780300173802
- eISBN:
- 9780300194838
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300173802.003.0018
- Subject:
- History, British and Irish Modern History
This chapter elaborates on the different aspects of court proceedings faced by Queensberry, whose trial, commented Sir Travers Humphreys, exhibited all the features of a cause célèbre. As Queensberry ...
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This chapter elaborates on the different aspects of court proceedings faced by Queensberry, whose trial, commented Sir Travers Humphreys, exhibited all the features of a cause célèbre. As Queensberry pleaded not guilty to the indictment on the grounds that the libel was true and published for the public's benefit, he cast a glance of undisguised contempt at Wilde. Sir Edward Clarke rose to make the opening statement for the prosecution. As he spoke, an intensely attentive quiet fell over the courtroom. Queensberry, perhaps relieved that the trial had begun at last, appeared more at ease and occasionally smiled and nodded. During Wilde's questioning by Clarke, Queensberry's expression did not change but was complemented occasionally by subdued and angry mutterings.Less
This chapter elaborates on the different aspects of court proceedings faced by Queensberry, whose trial, commented Sir Travers Humphreys, exhibited all the features of a cause célèbre. As Queensberry pleaded not guilty to the indictment on the grounds that the libel was true and published for the public's benefit, he cast a glance of undisguised contempt at Wilde. Sir Edward Clarke rose to make the opening statement for the prosecution. As he spoke, an intensely attentive quiet fell over the courtroom. Queensberry, perhaps relieved that the trial had begun at last, appeared more at ease and occasionally smiled and nodded. During Wilde's questioning by Clarke, Queensberry's expression did not change but was complemented occasionally by subdued and angry mutterings.
Gloria García Rodríguez
- Published in print:
- 2011
- Published Online:
- July 2014
- ISBN:
- 9780807832189
- eISBN:
- 9781469602660
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/9780807877678_garcia_rodriguez.5
- Subject:
- History, Latin American History
This book focuses on the numerous obstacles that must be overcome in the historical analysis of the initiatives taken by American subaltern classes in general and by slaves in particular. How can we ...
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This book focuses on the numerous obstacles that must be overcome in the historical analysis of the initiatives taken by American subaltern classes in general and by slaves in particular. How can we approach the motivations, the ideas, and the feelings that informed the day-to-day existence of these men and women, reduced as they were to the most brutal class of persecution? The clues allowing for the reconstruction of that belief system are few. There was little concern with compiling such testimonials in Cuba. Autobiographies do not exist. What family correspondence there may have been remains undiscovered. Nevertheless, there are numerous court proceedings in which slaves figure as witnesses, defendants, petitioners, or advocates. These documents are unusually accurate in revealing their subjects' intents. So much so, that this process in and of itself calls out for further scientific inquiry.Less
This book focuses on the numerous obstacles that must be overcome in the historical analysis of the initiatives taken by American subaltern classes in general and by slaves in particular. How can we approach the motivations, the ideas, and the feelings that informed the day-to-day existence of these men and women, reduced as they were to the most brutal class of persecution? The clues allowing for the reconstruction of that belief system are few. There was little concern with compiling such testimonials in Cuba. Autobiographies do not exist. What family correspondence there may have been remains undiscovered. Nevertheless, there are numerous court proceedings in which slaves figure as witnesses, defendants, petitioners, or advocates. These documents are unusually accurate in revealing their subjects' intents. So much so, that this process in and of itself calls out for further scientific inquiry.
