The Rule of Law in a Penal Colony
Author: David J. Neal
Publisher:
Published: 1987
Total Pages: 502
ISBN-13:
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The Rule of Law
Author: Cheryl Saunders
Publisher: Federation Press
Published: 2003
Total Pages: 222
ISBN-13: 9781862874596
DOWNLOAD EBOOKThis book brings together the views of an extraordinary range of well-known authors. It contains essays by: Chief Justice Murray Gleeson, High Court of Australia; Justice Louise Arbour, Supreme Court of Canada; Justice Ruth Bader Ginsburg, Supreme Court of USA; Dr Radhika Coomaraswamy, the UN Special Rapporteur on Violence against Women; and Professors Saunders (Australia), Dyzenhaus (Canada), and Troper (France). The essays cover issues such as: the debate about the meaning and application of the rule of law; the gaps between the theory and practice of the rule of law; relations between governments and people; the tensions between the judiciary and the elected branches of government; international criminal justice; and the position of women in situations of conflict and insurrection. The analyses in the book draw on topical events ranging from the Florida appeal in the election of President Bush to the indictment of Slobodan Milosevic at the War Crimes Tribunal.
In the Penal Colony
Author: Franz Kafka
Publisher: Sheba Blake Publishing
Published: 2017-04-19
Total Pages: 37
ISBN-13: 3961893489
DOWNLOAD EBOOKIn the Penal Colony is a short story by Franz Kafka written in German in October 1914, revised in November 1918, and first published in October 1919. The story is set in an unnamed penal colony. Internal clues and the setting on an island suggest Octave Mirbeau's The Torture Garden as an influence. As in some of Kafka's other writings, the narrator in this story seems detached from, or perhaps numbed by, events that one would normally expect to be registered with horror. "In the Penal Colony" describes the last use of an elaborate torture and execution device that carves the sentence of the condemned prisoner on his skin before letting him die, all in the course of twelve hours. As the plot unfolds, the reader learns more and more about the machine, including its origin and original justification. The story focuses on the Explorer, who is encountering the brutal machine for the first time. Everything about the machine and its purpose is told to him by the Officer. The Soldier and the Condemned (who is unaware that he has been sentenced to die) placidly watch from nearby. The Officer tells of the religious epiphany the executed experience in their last six hours in the machine. Eventually, it becomes clear that the use of the machine and its associated process of justice – the accused is always instantly found guilty, and the law he has broken is inscribed on his body as he slowly dies over a period of 12 hours – has fallen out of favor with the current Commandant. The Officer is nostalgic regarding the torture machine and the values that were initially associated with it. As the last proponent of the machine, he strongly believes in its form of justice and the infallibility of the previous Commandant, who designed and built the device. In fact, the Officer carries its blueprints with him and is the only person who can properly decipher them; no one else is allowed to handle these documents.
Judicial Reconstruction and the Rule of Law
Author: Angeline Lewis
Publisher: Martinus Nijhoff Publishers
Published: 2012-08-27
Total Pages: 266
ISBN-13: 900422811X
DOWNLOAD EBOOKThe idea of building a blueprint ‘rule of law’ through military intervention has seized the imagination of practitioners and theorists alike in the past decade of peacebuilding operations, and an emphasis on simultaneous judicial reconstruction and security sector reform has emerged as their central strategy. This work, in a fresh approach based on recent military operations in Iraq and beyond, challenges both the universality of the blueprint and the doctrinal assumption that institutional reform by military interveners builds peace and legitimacy. In a comprehensive review, the essential role of the community in developing its own relationship with law, while interveners refocus exclusively on restoring public security using their extraordinary powers under international humanitarian law, emerges as the only future for ‘rule of law operations.’
Shariʿa, Justice and Legal Order
Author: Rudolph Peters
Publisher: BRILL
Published: 2020-08-03
Total Pages: 726
ISBN-13: 9004420622
DOWNLOAD EBOOKIn Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays Rudolph Peters discusses in 35 articles practice of both Shariʿa and state law. The principal themes are legal order and the actual application of law both in the judiciaries as well in cultural and political debates. Many of the topics deal with penal law. Although the majority of studies are situated in the Ottoman and, especially, Egyptian period, few of them are of another region or a more recent period, such as in Nigeria or, also, Egypt. The book’s historical studies are mainly based on archival judicial records and are definitively pioneering. Although the selected articles of this book are the fruit of more than forty years of research, most of them have constantly been cited.
Criminal Justice in Colonial America, 1606-1660
Author: Bradley Chapin
Publisher: University of Georgia Press
Published: 2010-06-01
Total Pages: 224
ISBN-13: 0820336912
DOWNLOAD EBOOKThis study analyzes the development of criminal law during the first several generations of American life. Its comparison of the substantive and procedural law among the colonies reveals the similarities and differences between the New England and the Chesapeake colonies. Bradley Chapin addresses the often-debated question of the “reception” of English law and makes estimates of the relative weight of the sources and methods of early American law. A main theme of his book is that colonial legislators and judges achieved a significant reform of the English criminal law at a time when a parallel movement in England failed. The analysis is made specific and concrete by statistics that show patterns of prosecutions and crime rates. In addition to the exciting and convincing theme of a “lost period” of great creativity in American criminal law, Chapin gives a wealth of detail on statutory and common-law rulings, noteworthy criminal cases, and judicial views of how the law was to be administered. He provides social and economic explanations of shifts and peculiarities in the law, using carefully arranged evidence from the records. His treatment of the Quaker cases in Massachusetts and the witchcraft prosecutions in New England throws new light on those frequently misunderstood episodes. Chapin's book will be of interest not only to scholars working in the field but also to anyone curious about early American legal history.
Lawyers and the Rule of Law
Author: Andrew Boon
Publisher: Bloomsbury Publishing
Published: 2022-10-20
Total Pages: 575
ISBN-13: 1509925236
DOWNLOAD EBOOKThis book examines lawyers' contributions to creating and maintaining the rule of law, one of the pillars of a liberal democracy. It moves from the European Enlightenment to the modern day, exploring the role of judges, government lawyers, and private practitioners in creating, defining, and being defined by, the demands of modern society. The book is divided into 4 parts representing the big themes. The first part considers lawyers' contribution to the growth of constitutionalism, the second, the formulation of roles and identities, and the third the formation of values. The fourth part focuses on the challenges faced by lawyers and the rule of law in the past 50 years, the neoliberal period, and how they challenge both conceptions of lawyers and the rule of law. Each part is illustrated by defining events, from the execution of Charles I, through the Nuremberg Trials, to the insurrection by supporters of Donald Trump in January 2021. Although the focus is on England and Wales, parallel developments in other jurisdictions, Australia, Canada, New Zealand, and the USA, are considered. This allows analysis of lawyers' historical and contemporary engagement with the rule of law in jurisdictional systems based on the Common Law. Each chapter is thematic, but the passage through the book is broadly chronological.
The Cambridge Companion to the Rule of Law
Author: Jens Meierhenrich
Publisher: Cambridge University Press
Published: 2021-08-12
Total Pages: 715
ISBN-13: 1316512134
DOWNLOAD EBOOKIntroduces students, scholars, and practitioners to the theory and history of the rule of law.
Historiography, Empire and the Rule of Law
Author: Ian Duncanson
Publisher: Routledge
Published: 2011-10-06
Total Pages: 330
ISBN-13: 1136626816
DOWNLOAD EBOOKHistoriography, Empire and the Rule of Law considers the intersection of these terms in the historical development of what has come to be known as the ‘rule of law’. The separation of governmental powers, checks and balances, and judicial independence signified something entirely new in the way in which politics was imagined and practiced. This ‘rule of law’ cannot, as it often is, be traced to the justification and practice of government as originating in a social contract among the governed; but rather, by analogy with a popular conveyancing innovation of the era, to the trust – a device by which the power of ownership of land could be restrained. But how could the restraint of power remain consistent with the avoidance of anarchic disagreement among those granted the task of supervision and restraint? In response, it is argued here, the central legal and political task became one of managing disagreement and change peacefully and constructively – by drawing on a colonial tradition that emphasised civility, negotiation and compromise. And the study of all of these qualities as they evolved, Ian Duncanson contends, is vital to understanding the emergence of the ‘rule of law’. Historiography, Empire and the Rule of Law will be invaluable for all those engaged in research and the postgraduate study of socio-legal and constitutional studies, and early modern and modern history.
Framing the Penal Colony
Author: Sophie Fuggle
Publisher: Springer Nature
Published: 2023-02-20
Total Pages: 339
ISBN-13: 3031193962
DOWNLOAD EBOOKThis book examines the representation of penal colonies both historically and in contemporary culture, across an array of media. Exploring a range of geographies and historical instances of the penal colony, it seeks to identify how the ‘penal colony’ as a widespread phenomenon is as much ‘imagined’ and creatively instrumentalized as it pertains to real sites and populations. It concentrates on the range of ‘media’ produced in and around penal colonies both during their operation and following their closures. This approach emphasizes the role of cross-disciplinary methods and approaches to examining the history and legacy of convict transportation, prison islands and other sites of exile. It develops a range of methodological tools for engaging with cultures and representations of incarceration, detention and transportation. The chapters draw on media discourse analysis, critical cartography, museum and heritage studies, ethnography, architectural history, visual culture including film and comics studies and gaming studies. It aims to disrupt the idea of adopting linear histories or isolated geographies in order to understand the impact and legacy of penal colonies. The overall claim made by the collection is that understanding the cultural production associated with this global phenomenon is a necessary part of a wider examination of carceral imaginaries or ‘penal spectatorship’ (Brown, 2009) past, present and future. It brings together historiography, criminology, media and cultural studies.
