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1.
Legal scholar James Boyd White has challenged both lawyers and rhetoricians to imagine the law as an enterprise of language. In contending that members of the legal profession should see law as an activity of speech and imagination occurring in a social world, he has urged lawyers to view the legal profession as an interaction of authoritative texts and as a process of legal thought and argument instead of thinking of law as a technical system of regulations and applying its rules in a mechanical way. By asking members of the legal professional to consider law as rhetoric, White has encouraged them to recognize the socially constitutive nature of language, which runs contrary to a perspective of law as machine or, rather, the law as only a mechanistic system of rules and regulations. His ideas have inspired the "law and literature" movement, which has motivated other scholars to analyze the texts of judicial opinions, for example, according to White's theories. However, this essay takes White's concept of imagining the law and applies it public address and, specifically, to the 1965 "Crime and the Great Society" speech given by former Los Angeles Police Chief William Parker. Chief Parker's address reveals a vision for the City of Los Angeles in which Parker, himself, asks his audience of citizens and civic leaders to share for advancing a specific agenda for law enforcement's role in society.  相似文献   

2.
This article analyses the copyright piracy in Pakistan through International Intellectual Property Alliance Reports. Copyright piracy ratio is very high in Pakistan in last fifteen years. The article discusses the piracy situation year wise and its effects on Pakistan economy. In this way, it tries to improve the implementation of intellectual property rights. In the end, the article recommends some suggestions to improve the enforcement situation in Pakistan.  相似文献   

3.
This article takes as a starting point, key claims from studies of the invention of the human category "white" during the late Seventeenth Century in Colonial North America: that "white" reflecting a unique group of humanity was an invention deployed to divide laborers; that white people were by law assigned greater material value and rendered more valuable; and that those who were seen as white were thought to be like the British and believed to be superior to those seen as nonwhite. Each of these claims will be briefly reviewed. Building upon the foundation of whiteness studies in law and history, this article explores what Ian F. Haney Lopez identifies as the "common knowledge" of race, the legal standard established within naturalization prerequisite cases in order to determine whether one was racially "white" by law. This article works to bridge the ideas revealed through studies of the invention of white people within Colonial North America and this legal standard that emerged in the 1920s. U.S. expansionism, immigration and naturalization law in the Nineteenth and Twentieth Centuries provide critical areas of inquiry for the developing understanding of the "common knowledge" of race and the role of law in the construction of race.  相似文献   

4.
The interaction of medical technology and advancements in human life and biological tissue offers many possibilities and issues, for example the area of assisted conception and the identification and treatment of disease. However, hand-in-hand with these, ethical dilemmas arise. The overarching ethical issue surrounding cryo-preserved embryos is: Should an embryo be accorded the status of 'life' or should it be labeled nothing more than 'property'? This question is the interaction between frozen embryos and divorce, adoption, research and terminal incidents; it is a legal and ethical quagmire that cannot be readily resolved. This issue is of particular moral importance when one contemplates the fact that the scientific definition of life is dealt with on a continuum ranging from the metabolic view to the emergence of self-consciousness. The question must become property versus life or, in essence, sale or destruction of property versus sale or destruction of life. As this paper will show, the underlying attitudes of the progenitors involved in cryogenics can be driven by the darker side of our species; that side being the possible exploitation of those individuals or those capable of becoming individuals for personal and community gain while denying or rationalizing that point of view to society as a whole.  相似文献   

5.
In the international law of the sea, the emergence of new actors and systems influencing relations between states has lead to evolving rules and calls for the redefinition of the traditional issues such the allocation of jurisdiction and rights to states in its maritime zones. In the maritime domain, this is seen thrice in the evolution of the various maritime zones in the United Nations Conferences for the Law of the Sea (UNCLOS I, II and III). In the maritime domain, there are certain actions that are not dependent on any state's consent. One of such is the rule of freedom of navigation. This paper, argues for the possibilities of concomitance between international law and studies in international society based on the growing recognition of the importance of examining the sociological and historical element in rule development. This paper focuses on a rule in the international law of the sea with the aim of determining the extent to which norms have caused changes in rule development, if any. This method, known as the English School method of international relations, acknowledges the benefits of international law positivism in highlighting generality with the benefits of a normative discourse in highlighting alternatives and the utility of compliance. So, although the maritime domain is rooted in a state system, one where the parts interact as a whole, a branching-out analysis towards the normative discourse in the development of this rule will facilitate more understanding, as the case-specificity of most issues in the maritime domain cannot be overemphasised.  相似文献   

6.
The present study focuses on the communicative relevance of lexical choices in the documents of the European Union Committee of the Regions (CoR) and of other related bodies within a pragmalinguistic perspective. The function of the Committee of the Regions is to issue opinions on proposals for Community legislation which are closest to the citizen interests - education, youth, culture, health. It is thus a voice at the heart of the EU which aims at increasing the participation of European regions in community life. Our corpus consists in 100 documents (Proposals and Opinions) whose lexico-grammatical aspects and communicative/ rhetorical strategies are here investigated. Our hypothesis is that such texts aim at creating a holistic we to construe a common ground of interests, within the constraints of legal intercourses, shared by both the sender and the receiver of the messages. Frequently occurring lexical items are: welcome, ensure, strengthen, aid. To stress urgency, generate empathy, emphasize needs and endorse value-positions are the recognizable perlocutionary effects of such semantic/pragmatic choices. Tools for analysis were taken from the domain of pragmalinguistics, from Evaluative/Appraisal Frameworks and, also, from social sciences. Particularly relevant appeared the notion of'advocacy' (i.e., when researchers are asked to use their expertise to defend the subjects' interests in healthcare, education, political rights, and cultural autonomy). This study will provide both qualitative and quantitative data to support our hypothesis, and will offer suggestions for further research.  相似文献   

7.
The purpose of this essay is to highlight the fact that certain specific governing or guideline criteria are in fact necessary before one can establish cases in which it would be admissible to treat the genders unequally. Those criteria, insofar as women's rights are concerned, consist of the need to overcome a situation of inequality which arises due to cultural and social reasons. An analysis of the different types of feminist movements follows, concluding that feminism implies two types of hypotheses. On one level feminism can be said to be a theory for equality; on another level it is a theory which turns around the objectivity of law, although it does, in both cases, challenge classical political and iudicial theses.  相似文献   

8.
Global concerns over the corruption of weak governments by firms engaged in transnational business are the source of an international movement that emerged in 1997. Special concern is presently directed at the weakness of enforcement of laws enacted in recent times to deter corrupt business practices in international trade that were enacted in response to that movement. One cause of weakness in law enforcement is the failure of China to share actively in those concerns and the efforts to address them. This essay will briefly record steps taken in other nations to address the concerns and the limited effectiveness of those steps. It will urge Chinese participation in the international movement and briefly suggest the need for private enforcement of the law if the movement is to succeed.  相似文献   

9.
10.
Clinical legal education or CLE is known long enough in Indonesia by establishing Legal Aid Body named Lembaga Bantuan Hukum (LBH), which aimed to train and prepare student to work in the real world especially in contributing and supporting marginal people (low-income people). This mission was in line with the rule of law principle, which has characteristic values of supremacy of law, equality before the law, and due process of law. Recently, CLE is linking practical experience and legal theories to provide students with comprehensive understanding of legal aid and its goals, in particular, the implementation of the rule of law in Indonesia.  相似文献   

11.
Even though there are laws and policies promulgated by the Malaysian government to govern housing industry, abandoned housing project is still one of the housing malaises in Peninsular Malaysia. If it is not feasible to rehabilitate the abandoned housing projects, they will be stalled forever to the detriment of the purchasers. Virtually, there is no universal way to resolve this problem due to the fact that issues faced by the stakeholders are different in almost every abandoned housing project. Thus, different methods are absolutely necessary to tackle the problems especially to rehabilitate those projects. To this point, laws and practices in New South Wales, Australia may deserve consideration.  相似文献   

12.
Lower labor costs and realization of profits have been key components in the expansion of the global market. As we continue to witness the prolific liberalization of the global market, it is essential that we remember the importance of human capital. Workers play a paramount role in the realization of continued and sustained global market growth. Paradoxically, sustained growth in the global market is also fueled by the absence of workers' rights and the resulting reduction of labor costs. Thus, multi-national companies and workers employed by multi-national companies, have encountered a seeming contradiction of workplace realities. From a capitalistic economic perspective, it is necessary for multi-national companies to compete for market share and realize profits. However, in order to promote social harmony and ensure against large-scale social unrest, workers must be given basic rights ensuring economic security and workplace justice. China has enacted the Labor Contract Law to address challenges surrounding these issues. This paper will discuss the efficacy of China's embracing the rule of law so as to effectively enforce the Labor Contract Law. The paper will also give an overview of the concepts forming the foundation of the rule of law. Further, the paper will offer a brief comparative analysis of the United States' use of the rule of law in relation to resolving post-slavery labor issues. Finally, the paper will recommend a model system for use by China in enforcing the Labor Contract Law.  相似文献   

13.
Small arms have been frequently used in perpetration of human rights violations, and thus need to be subjected to legal scrutiny. This piece attempts to contribute this aim by making a legal analysis of the issue of state complicity in arm transfers. Drawing a frame of applicable laws, it highlights the importance of Article 16 of the ILC Draft Articles on State Responsibility where the notion of complicity in international law is typically designed. Moreover, this piece finds the scope of protection provided within this Article limited, and contends that the boundaries of liability for complicit acts must take into account the contemporary political, social, and economic settings for a wider understanding of complicity.  相似文献   

14.
This paper considers the relationship between forensic psychology and international human rights standards (and about the relationship between mental disability law and such standards in general), especially in the contexts of the sorts of cases in which forensic psychologists are involved, the special issues in the context of nations with developing economies, and the relevance of international mental health norms. I conclude by focusing on the use of therapeutic jurisprudence as an interpretive tool, and offering suggestions as to how the practice of forensic psychologists can and should best incorporate international human rights standards and principles in their work.  相似文献   

15.
The paper at hand analyses how the Chinese Trademark Office (CTMO) and the Chinese Trademark and Adjudication Board (TRAB) implement Article 10 cipher 8 paragraph 1 of the Chinese trademark law. This provision prohibits the use-and hence the registration-of certain words and devices as trademarks which are "detrimental to socialist morals or customs" or "have other unhealthy influences". The paper primarily intends to concretize this open-end provision for practitioners by giving examples of signs which have been rejected by the competent authorities in the past but may also deliver some amusing insights into Chinese conventions for Non-Chinese readers.  相似文献   

16.
Prison is one of the main and important agencies which involves in the criminal justice process. Offenders who are sentenced to imprisonment are sent to this institution for rehabilitation. The main objective of the prison institution is to rehabilitate prisoners thereby helping them to understand what was wrong with their behaviors and helping them to become productive citizens in the future after releasing from prison. In order to achieve this task, the prison system should take necessary steps to conduct an effective rehabilitation process during the imprisonment period and to ensure the protection of their human rights. The present situation in prisons, the increasing rate of the reconvicted and the recidivism demonstrate that the prison system in Sri Lanka is not able to successfully reach its main goal that of the adequate rehabilitation of offenders and sufficient protection of their rights. This paper focuses on an effective prison rehabilitation system for Sri Lanka through the protection of rights of prisoners. To reach this goal, the role and the importance of the concept of rehabilitation as a main objective of punishment, present international regional and national laws relating to the rights of the prisoner, existing prison system in Sri Lanka, the current problems in our prison system and reasons for the problems are discussed. Furthermore, the initiatives and the measures that could be taken for an effective prison rehabilitation system in Sri Lanka and the role of the public and privates institutions in this regard are also considered.  相似文献   

17.
This paper investigates the role of informal groups, such as "Contact Group", in modem-day practice of conflict prevention, mediation, and settlement. It further aims to examine the legal status of this ad hoc grouping of states under international law, analyzing the Contact Group's involvement and operation in cases of Namibia (formerly South West Africa), Bosnia and Herzegovina, and Kosovo. This empirical survey is instrumental to delimit and define the relationship that is created between formal and informal processes and institutions at the planetary level, as a result of the emergence and proliferation of informal ad hoc groupings of states. The bases of authority, political effectiveness, and the place and position of the Contact Group within the existing UN system of collective security are used to understand the rationale behind the formation and existence, as well as contribution and utility of such informal structures.  相似文献   

18.
Civil Society refers to the civil organizations and activity space existing in society but outside the control scope of a government, and it is a society formed by citizens and the totality of citizen communication. Civil Society has a close connection with the law as the law just derives from regulations of Civil Society and acquires political form through a country. Civil Society is the social cultural foundation of laws and the rational regulation of Civil Society is the foundation on which the legal order is established.  相似文献   

19.
For too long, legal educators around the world have treated their students as passive learners, dispensing knowledge either through lectures or through Socratic dialogue with individual students. Studies in adult learning have demonstrated the futility of these passive models in developing within our students the knowledge, skills, and values required to be effective and responsible lawyers. This article therefore describes a very different approach to legal education-an approach that uses experience as the crucible through which to develop the lawyers of tomorrow.  相似文献   

20.
This article tries to explore the factors affecting women's participation in indigenous conflict resolution among the Issa and Gurgura clans of Somali ethnic group. It also tries to explore the system of conflict resolution among the Issa and Gurgura clans and women's representation in the system. It assesses the role of women in the formation of social capital through marriage and blood relations between the different clans. Women are the primary agent in the formation of social capital between clans or ethnic groups. The paper focuses on some of the important elements of the socio-cultural settings of the study community that are in one way or another related to conflict and indigenous conflict resolution mechanisms. It also examines the positive aspects of marriage practices in the formation of social capital which strengthens friendship and unity instead of enmity.  相似文献   

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