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The Emergence of Sinister Interest

Philip Schofield

in Utility and Democracy: The Political Thought of Jeremy Bentham

Published in print:
2006
Published Online:
September 2007
ISBN:
9780198208563
eISBN:
9780191716928
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198208563.003.0005
Subject:
History, History of Ideas

From 1790 Bentham devoted much of his time and energy to his panopticon prison scheme. When the scheme was effectively rejected by the British government in 1803, he turned his attention to the ... More


Procedure

Mohamed Shahabuddeen

in International Criminal Justice at the Yugoslav Tribunal: A Judge's Recollection

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199670826
eISBN:
9780191751523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670826.003.0004
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter discusses the procedures of the International Criminal Tribunal for the former Yugoslavia (ICTY), covering indictment, evidence, fairness, and procedural issues before the Appeals ... More


Justice in Crisis: Comparative Dimensions of Civil Procedure

Adrian A. S. Zuckerman

in Civil Justice in Crisis: Comparative Perspectives of Civil Procedure

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198298335
eISBN:
9780191685415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298335.003.0001
Subject:
Law, Legal Profession and Ethics

All systems of procedure seek to do justice. Different systems of procedure employ different methods for achieving this goal. Whether the differences between systems are small or great, a comparison ... More


The Language of Justice in Northern Iberia Before AD 1000

Wendy Davies

in Power and Place in Europe in the Early Middle Ages

Published in print:
2019
Published Online:
May 2020
ISBN:
9780197266588
eISBN:
9780191896040
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266588.003.0011
Subject:
Archaeology, Historical Archaeology

This chapter represents an examination of the nature of the records that describe judicial court procedure in northern Iberia in the 9th and 10th centuries. It reveals that most records do not derive ... More


Hostages in the Middle Ages: Problems and Perspectives

Adam J. Kosto

in Hostages in the Middle Ages

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199651702
eISBN:
9780191741999
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199651702.003.0001
Subject:
History, European Medieval History

This chapter begins with a brief history of hostageship, from biblical times to the present day. It then discusses the ways in which hostageship has been treated by earlier historiography: as a form ... More


Judicial Education and International Courts: A Proposal Whose Time has Come?

SI Strong

in Identity and Diversity on the International Bench: Who is the Judge?

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198870753
eISBN:
9780191913365
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198870753.003.0012
Subject:
Law, Public International Law, Comparative Law

Although conventional wisdom suggests that the best way to ensure judicial competence is through appropriate selection processes, recent research suggests that no selection method can ensure the ... More


What Constitutes Competing Proceedings?

YUVAL SHANY

in The Competing Jurisdictions of International Courts and Tribunals

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199274284
eISBN:
9780191718090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274284.003.0002
Subject:
Law, Public International Law

This chapter begins with a description of the term ‘jurisdictional competition’ (or overlap), which means that a certain dispute can be addressed by more than one available forum. It then discusses ... More


“Only in Default of Whites”: Slave Testimony and Court Procedure

Sophie White

in Voices of the Enslaved: Love, Labor, and Longing in French Louisiana

Published in print:
2019
Published Online:
January 2021
ISBN:
9781469654041
eISBN:
9781469654065
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469654041.003.0002
Subject:
History, American History: early to 18th Century

This chapter offers a grand tour of French court procedures as applied to the enslaved in French Louisiana, in order to frame the analysis of slave testimony. Using particular court cases to flesh ... More


: Moderate and Juridical Government: The Spirit of Constitutional Liberty

in The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226094823
eISBN:
9780226094830
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226094830.003.0003
Subject:
Political Science, Political Theory

This chapter descries the promotion of judicial power point to a complex constitutionalism that raises civil law in relation to political law as an effort by Montesquieu to redefine honor and natural ... More


Introduction

Daniela Berti and Devika Bordia

in Regimes of Legality: Ethnography of Criminal Cases in South Asia

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199456741
eISBN:
9780199085477
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199456741.003.0001
Subject:
Law, Criminal Law and Criminology

This introductory chapter begins with presenting the main topic of the book which is to propose ethnography of the judicial practices in South Asia. By drawing on previous studies as well as on the ... More


The International Criminal Court: Struggling to Find its Way

William Schabas

in Realizing Utopia: The Future of International Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199691661
eISBN:
9780191738593
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691661.003.0020
Subject:
Law, Public International Law

In spite of the initial success in the establishment of the International Criminal Court, the Court is facing difficulties in becoming operational and effective. Many procedural defects stand out. In ... More


Simplified Methods

Paul R. Gregory

in Terror by Quota: State Security from Lenin to Stalin (an Archival Study)

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300134254
eISBN:
9780300152784
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300134254.003.0008
Subject:
History, European Modern History

This chapter examines how the Soviet Union dictator's “productivity problem” was resolved by the so-called “simplified” methods, particularly the use of troikas and the substitution of confession for ... More


Other Criminal Trial–Related Competency Issues: Miranda Waivers/Confessions, Waiver of Counsel, Guilty Pleas, and Competence to Testify

Thomas L. Hafemeister

in Criminal Trials and Mental Disorders

Published in print:
2019
Published Online:
September 2019
ISBN:
9781479804856
eISBN:
9781479850754
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479804856.003.0008
Subject:
Psychology, Social Psychology

Chapter 7 addresses other competency issues that may arise in conjunction with criminal justice proceedings. There are a range of such issues, and each potentially targets a different functional ... More


Thomas Potts's ‘dusty memory’: reconstructing justice in The Wonderfull Discoverie of Witches

Marion Gibson

in The Lancashire Witches: Histories and Stories

Published in print:
2003
Published Online:
July 2012
ISBN:
9780719062032
eISBN:
9781781700150
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719062032.003.0003
Subject:
History, British and Irish Early Modern History

This chapter demonstrates that “The Wonderfull Discoverie” by Thomas Potts is the clearest example of an account published to display the shining efficiency and justice of the legal system. The ... More


Criminal Procedure

Sir John Baker

in The Oxford History of the Laws of England: Volume VI 1483–1558

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198258179
eISBN:
9780191681806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258179.003.0028
Subject:
Law, Legal History

This chapter examines the criminal procedure in England during the Tudor period. During this period, miscarriages of justice were regarded with particular horror because punishment for murder and ... More


Advice, Advisers, and Courtiers Decision Making and Advice in the Royal Book of the Illustrated Chronicle Compilation

Daniel B. Rowland

in God, Tsar, and People: The Political Culture of Early Modern Russia

Published in print:
2020
Published Online:
May 2021
ISBN:
9781501752094
eISBN:
9781501752117
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501752094.003.0011
Subject:
History, Russian and Former Soviet Union History

This chapter investigates the problem of advice and advisers in the political culture of Muscovy, which was found to be vitally important to the various authors of the tales about the Time of ... More


Medieval Procedure and Judicial Decision Making

Martyn Rady

in Customary Law in Hungary: Courts, Texts, and the Tripartitum

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198743910
eISBN:
9780191803871
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743910.003.0008
Subject:
History, European Modern History, Political History

The procedures of the courts were episodic in so far as the case was not heard in a single concentrated event. They also had safeguards built in to ensure that the proper result was secured, even to ... More


Dispositions Following a Successful Insanity Defense and Risk Assessments

Thomas L. Hafemeister

in Criminal Trials and Mental Disorders

Published in print:
2019
Published Online:
September 2019
ISBN:
9781479804856
eISBN:
9781479850754
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479804856.003.0012
Subject:
Psychology, Social Psychology

Chapter 11 considers the dispositions and management of defendants who have been found not guilty by reason of insanity (NGRI). A common misperception is that defendants found NGRI are released back ... More


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