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Western analysts have long denigrated Islamic states as antagonistic, even antithetical, to the rule of law. Mark Fathi Massoud tells a different story: for nearly 150 years, the Somali people have embraced shari'a, commonly translated as Islamic law, in the struggle for national identity and human rights. Lawyers, community leaders, and activists throughout the Horn of Africa have invoked God to oppose colonialism, resist dictators, expel warlords, and to fight for gender equality - all critical steps on the path to the rule of law. Shari'a, Inshallah traces the most dramatic moments of legal change, political collapse, and reconstruction in Somalia and Somaliland. Massoud upends the conventional account of secular legal progress and demonstrates instead how faith in a higher power guides people toward the rule of law.
Law --- Justice, Administration of --- Islamic influences. --- Administration of justice --- Courts --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law and legislation
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Drawing on hundreds of newly released judicial archives and court cases, this book analyzes the communist judicial system in China from its founding period to the death of Mao Zedong. It argues that the communist judicial system was built when the CCP was engaged in a life-or-death struggle with the GMD, meaning that the overriding aim of the judicial system was, from the outset, to safeguard the Party against both internal and external adversaries. This fundamental insecurity and perennial fear of loss of power obsessed the Party throughout the era of Mao and beyond, prompting it to launch numerous political campaigns, which forced communist judicial cadres to choose between upholding basic legal norms and maintaining Party order. In doing all of this, The Communist Judicial System in China, 1927-1976: Building on Fear fills a major lacuna in our understanding of communist-era China.
Justice, Administration of --- Law --- History --- China --- Politics and government --- Administration of justice --- Courts --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law and legislation --- Fear, Communist Judicial System, Mao's China.
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"This interdisciplinary volume presents a nuanced critique of the prison experience in diverse detention facilities across Africa. The book stresses the contingent, porous nature of African prisons, across both time and space. It draws on original long-term ethnographic research undertaken in both Francophone and Anglophone settings, which are grouped in four parts. The first part examines how the prison has imprinted itself on wider political and social imaginaries and, in turn, how structures of imprisonment carry the imprint of political action of various times. The second part stresses how particular forms of ordering emerge in African prisons. It is held that while these often involve coercion and neglect, they are better understood as the product of on-going negotiations and the search for meaning and value on the part of a multitude of actors. The third part is concerned with how prison life percolates beyond its physical perimeters into its urban and rural surroundings, and vice versa. It deals with the popular and contested nature of what prisons are about and what they do, especially in regard to bringing about moral subjects. The fourth and final part of the book examines how efforts of reforming and resisting the prison take shape at the intersection of globally circulating models of good governance and levels of self-organisation by prisoners"--
Criminology. Victimology --- Criminal law. Criminal procedure --- Africa --- Imprisonment --- Justice, Administration of --- Prisons --- Dungeons --- Gaols --- Penitentiaries --- Correctional institutions --- Prison-industrial complex --- Administration of justice --- Law --- Courts --- Confinement --- Incarceration --- Corrections --- Detention of persons --- Punishment --- School-to-prison pipeline --- Law and legislation
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"Organizing is both science and art. It is thinking through a vision, a strategy, and then figuring out who your targets are, always being concerned about power, always being concerned about how you're going to actually build power in order to be able to push your issues, in order to be able to get the target to actually move in the way that you want to." What if social transformation and liberation isn't about waiting for someone else to come along and save us? What if ordinary people have the power to collectively free ourselves? In this timely collection of essays and interviews, Mariame Kaba reflects on the deep work of abolition and transformative political struggle. With chapters on seeking justice beyond the punishment system, transforming how we deal with harm and accountability, and finding hope in collective struggle for abolition, Kaba's work is deeply rooted in the relentless belief that we can fundamentally change the world. As Kaba writes, 'Nothing that we do that is worthwhile is done alone'" ǂc Provided by the publisher
Social justice. --- Equality --- Justice --- Discrimination in justice administration --- Justice, Administration of --- Race discrimination --- Social justice --- Social aspects --- United States --- Race relations. --- Race discrimination in justice administration --- Administration of justice --- Law --- Courts --- Law and legislation --- Race question
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Situated at the intersection of law and literature, nineteenth-century studies and post-colonialism, Colonial Law in India and the Victorian Imagination draws on original archival research to shed new light on Victorian literature. Each chapter explores the relationship between the shared cultural logic of law and literature, and considers how this inflected colonial sociality. Leila Neti approaches the legal archive in a distinctly literary fashion, attending to nuances of voice, character, diction and narrative, while also tracing elements of fact and procedure, reading the case summaries as literary texts to reveal the common turns of imagination that motivated both fictional and legal narratives. What emerges is an innovative political analytic for understanding the entanglements between judicial and cultural norms in Britain and the colony, bridging the critical gap in how law and literature interact within the colonial arena.
English fiction --- Justice, Administration of --- Narration (Rhetoric) --- Law and literature --- History and criticism. --- History --- Great Britain. --- Administration of justice --- Law --- Courts --- Literature and law --- Literature --- Narrative (Rhetoric) --- Narrative writing --- Rhetoric --- Discourse analysis, Narrative --- Narratees (Rhetoric) --- Law and legislation --- Judicial Committee of the Privy Council (Great Britain) --- Court of Appeals from the Plantations (Great Britain) --- JCPC --- Caribbean Court of Justice
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Quelles sont les possibilités offertes par la justice criminelle aux femmes à Marseille dans la seconde moitié du XVIIIe siècle ? Quel est le discours de la justice face aux actes violents commis (ou subis) par les femmes ? Quel est le discours des plaignant(e)s, des accusé(e)s, des témoins et des voisin(e)s, une fois appelés à s’exprimer devant les autorités judiciaires ? Telles sont, entre autres, les questions traitées par l’auteur dans cette étude originale fondée sur le tribunal de la sénéchaussée, espace privilégié de la parole - censée être libre de toute contrainte -, dans lequel les justiciables parviennent à se mettre en scène, à jouer sur les émotions, à "dire" le récit de leur vie, ainsi que de leurs difficultés, réelles ou simulées ; à raconter celui de leurs adversaires et à les attaquer, grâce à l’instrument judiciaire que tous et toutes savent utiliser au nom de la réparation de l’honneur. Cette immersion dans l’ordinaire des mœurs marseillaises permet à l’auteur de combler une lacune historiographique, ainsi que de restituer au lecteur une vision et une version de ce que pouvait être une société urbaine sous l’Ancien Régime, société considérée par le biais du prisme de la violence et du genre.
Violence in women --- Women --- Justice, Administration of --- History --- Violence against --- Administration of justice --- Law --- Courts --- Human females --- Wimmin --- Woman --- Womon --- Womyn --- Females --- Human beings --- Femininity --- Female violence --- Violent women --- Law and legislation --- violence --- genre --- justice --- tribunal --- 18ème siècle --- moeurs --- marseillaise --- Ancien régime
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Judges --- Justice, Administration of --- Artificial intelligence --- Administration of justice --- Law --- Courts --- Alcaldes --- Cadis --- Chief justices --- Chief magistrates --- Justices --- Magistrates --- Technological innovations --- Law and legislation --- Legal status, laws, etc. --- Officials and employees --- AI (Artificial intelligence) --- Artificial thinking --- Electronic brains --- Intellectronics --- Intelligence, Artificial --- Intelligent machines --- Machine intelligence --- Thinking, Artificial --- Bionics --- Cognitive science --- Digital computer simulation --- Electronic data processing --- Logic machines --- Machine theory --- Self-organizing systems --- Simulation methods --- Fifth generation computers --- Neural computers --- Judges. --- Artificial intelligence. --- Technological innovations. --- Juges. --- Intelligence artificielle. --- Justice --- Administration. --- E-justice.
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This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others
Courts --- Justice, Administration of --- Administration of justice --- Law --- Judiciary --- Dispute resolution (Law) --- Judicial districts --- Procedure (Law) --- Judicial power --- Jurisdiction --- Law and legislation --- Private International Law, International & Foreign Law, Comparative Law --- European Law --- European Culture --- Private International Law, International and Foreign Law, Comparative Law --- Open Access --- Comparative Law --- Court Proceedings --- Court Culture --- Litigation Culture --- Nordic Countries --- Alternative Dispute Resolution --- Globalization of Law --- Europeanization of Law --- Privatization of Dispute Resolution --- Procedural Law --- International law --- Cultural studies
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"When a country is being subverted it is not being outfought; it is being out-administered" Bernard Fall "The theory and Practice of Insurgency and Counterinsurgency." (1965) 18 Naval War College Review 21, 34 "It seemed the right to do at the time" may be what Haisam Omar Sakhanh is thinking from the relative comfort of the high security prison in Sweden where he is serving a life sentence for war crimes. After completing the mandatory three-year military service in the Syrian army, he had worked as an electrician in Syria and abroad. When the regime of Bashar Al-Assad started killing children and committing other horrific crimes, he felt he had to do something, and he became active in the opposition movement. After fleeing to Italy, Sakhanh participated in anti-Assad protests in Milan before deciding that he had to join the fight to free his country. He flew to Hatay airport in southern Turkey on 30 April 2012, crossing the border through the mountains to join the Suleiman Battle Company in the village of Kfar Kila. This rebel group had a reputation for being well armed and effective, operating independently of, but in collaboration with, the Free Syrian Army in the fight against the Assad regime. Sakhanh was immediately incorporated into the armed group, and his war experience took a turn only four days after joining the rebellion. On the night of May 4th, his unit was involved in an attack against a government outpost, leading to the capture of eleven soldiers of the Syrian armed forces. Two were freed immediately, but the other nine were detained on suspicion of mistreating passing refugees over previous weeks. The next day, Sakhanh was detailed to another village to participate in the funerals of one member of his unit killed in the attack. When he returned, he was told that a Free Syrian Army Judicial Council composed of judges who had defected from the regime had held a court-martial for the detained Syrian soldiers in a town a few kilometers away. The court had heard from numerous witnesses, and mobile phones found on the accused contained videos of the soldiers raping women. Two of the soldiers were acquitted and seven were found guilty of the rape and murder of civilians. Applying the Syrian Penal Code, the rebel judges sentenced these seven men to capital punishment. When Sakhanh heard his name called to join the firing squad, he felt a bit nervous but not uncomfortable: he was a soldier, orders must be obeyed, and he had no reason to distrust the group that he had joined. Fatefully, someone filmed the execution. After three months in Syria, Sakhanh decided that armed insurgency was not for him and he made his way to Sweden. He claimed to be a refugee from Syria, affirmed that he had taken no part in armed hostilities, and was duly granted refugee status in October 2012. The video of the execution eventually made its way to the New York Times, which posted it online. Someone in Sweden recognised Sakhanh and he was arrested in 2016 and accused of murder. At trial, Sakhanh acknowledged that it was him on the video, but argued that he had been carrying out a lawful punishment imposed by a regularly constituted court of an armed group in the context of a noninternational armed conflict. In February 2017, the Stockholm District Court convicted Sakhanh of serious violations of Common Article 3 of the Geneva Conventions and sentenced him to life imprisonment, a decision confirmed by the Svea Court of Appeal"--
Insurgency --- Justice, Administration of --- Legitimacy of governments --- Recognition (International law) --- De facto doctrine (International law) --- De facto government --- Estrada doctrine --- Nonrecognition of governments --- International law --- De facto doctrine --- State succession --- Governments, Legitimacy of --- Legitimacy (Constitutional law) --- Consensus (Social sciences) --- Revolutions --- Sovereignty --- State, The --- General will --- Political stability --- Regime change --- Administration of justice --- Law --- Courts --- Insurgent attacks --- Rebellions --- Civil war --- Political crimes and offenses --- Government, Resistance to --- Internal security --- Law and legislation
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State trials provided some of the leading media events of later Stuart England. The more important of these trials attracted substantial public attention, serving as pivot points in the relationship between the state and its subjects. Later Stuart England has been known among legal historians for a series of key cases in which juries asserted their independence from judges. In political history, the government's sometimes shaky control over political trials in this period has long been taken as a sign of the waning power of the Crown. This book revisits the process by which the 'state trial' emerged as a legal proceeding, a public spectacle, a point of political conflict, and ultimately, a new literary genre. It investigates the trials as events, as texts, and as moments in the creation of historical memory. By the early nineteenth century, the publication and republication of accounts of the state trials had become a standard part of the way in which modern Britons imagined how their constitutional monarchy had superseded the absolutist pretensions of the Stuart monarchs. This book explores how the later Stuart state trials helped to create that world.
Trials --- Criminal law --- Justice, Administration of --- Monarchy --- Kingdom (Monarchy) --- Executive power --- Political science --- Royalists --- Administration of justice --- Law --- Courts --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal justice, Administration of --- Criminal procedure --- State trials --- Court proceedings --- Procedure (Law) --- History --- Law and legislation --- Legal status, laws, etc. --- Great Britain --- 1603-1799 --- Stuart monarchs. --- constitutional monarchy. --- historical memory. --- legal process. --- political conflict. --- state trials.
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