Selective Judicial Competence
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Selective Judicial Competence
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Author : Mason C. Hoadley
language : en
Publisher: Cornell University Press
Release Date : 2018-05-31
Selective Judicial Competence written by Mason C. Hoadley and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-31 with History categories.
A major contribution to the understanding of Indonesian legal history. Hoadley shows how European colonialism skewed local legal institutions to serve colonial ends, and he discusses a fascinating series of cases that illustrate the evolution of this process.
Wives Slaves And Concubines
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Author : Eric Jones
language : en
Publisher: Northern Illinois University Press
Release Date : 2011-12-15
Wives Slaves And Concubines written by Eric Jones and has been published by Northern Illinois University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-15 with History categories.
Wives, Slaves, and Concubines argues that Dutch colonial practices and law created a new set of social and economic divisions in Batavia-Jakarta, modern-day Indonesia, to deal with difficult realities in Southeast Asia. Jones uses compelling stories from ordinary Asian women to explore the profound structural changes occurring at the end of the early colonial period—changes that helped birth the modern world order. Based on previously untapped criminal proceedings and testimonies by women who appeared before the Dutch East India Company's Court of Alderman, this fascinating study details the ways in which demographic and economic realities transformed the social and legal landscape of eighteenth-century Batavia-Jakarta. Southeast Asian women played an inordinately important role in the functioning of the early modern Asia Trade and in the short- and long-term operations of the Dutch East India Company (VOC). Southeast Asia was a place where most individuals operated within an intricate web of multiple, fluid, situational, and reciprocal social relationships ranging from dependence to bondedness to slavery. The eighteenth century represents an important turning point: the relatively open and autonomous Asia Trade that prompted Columbus to set sail had begun to give way to an age of high imperialism and European economic hegemony. How did these changes affect life for ordinary women in early modern Dutch Asia, and how did the transformations wrought by Dutch colonialism alter their lives? The VOC created a legal division that favored members of mixed VOC families, those in which Asian women married men employed by the VOC. Thus, employment—not race—became the path to legal preference, a factor that disadvantaged the rest of the Asian women. In short, colonialism created a new underclass in Asia, one that had a particularly female cast. By the latter half of the eighteenth century, an increasingly operational dichotomy of slave and free supplanted an otherwise fluid system of reciprocal bondedness. The inherent divisions of this new system engendered social friction, especially as the emergent early modern economic order demanded new, tractable forms of labor. Dutch domestic law gave power to female elites in Dutch Asia, but it left the majority of women vulnerable to the more privileged on both sides of this legal divide. Slaves fled and violence erupted when traditional expectations of social mobility collided with new demands from the masters and the state.
Changes Of Regime And Social Dynamics In West Java
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Author : Atsushi Ōta
language : en
Publisher: BRILL
Release Date : 2006
Changes Of Regime And Social Dynamics In West Java written by Atsushi Ōta and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Social Science categories.
This volume deals with the sultanate of Banten from the outbreak of the rebellion of 1750-52 to the launching of the Cultivation System in 1830. After the suppression of the rebellion by the Dutch East India Company (VOC), local society showed considerable vitality. The introduction by the VOC of forced exploitation of the pepper cultivation did not lead to a significant increase in production, but enabled the local elites to augment their power. In the late 18th century Asian traders (many Bugis and Chinese) and English country traders integrated Banten and its Sumatran territory Lampung into a vibrant inter-regional trading network. This trade pattern, which involved the exchange of pepper and the maritime and forest products demanded by the China market for opium, contributed to the emergence of a new economic order in insular South-East Asia. This study shows how the the society of Banten was in a state of constant transformation in reaction to the Western presence and the shifts of the world economy during the period from 1750 to 1830.
Judicial Integrity
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Author :
language : en
Publisher: BRILL
Release Date : 2004-05-01
Judicial Integrity written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-05-01 with Law categories.
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
The Indonesian Supreme Court
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Author : Sebastiaan Pompe
language : en
Publisher: Cornell University Press
Release Date : 2018-05-31
The Indonesian Supreme Court written by Sebastiaan Pompe and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-31 with Law categories.
Since the fall of Indonesian president Suharto, a major focus of the country's reformers has been the corrupt and inefficient judicial system. Within the context of a history of the Supreme Court in post-independence Indonesia, Sebastiaan Pompe analyzes the causes of the judiciary's failure over the last five decades. This study provides an essential background for those seeking to understand why legal reform has been so slow and frustrating in the post-1998 period.
On The Eighteenth Century As A Category Of Asian History
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Author : Leonard Blussé
language : en
Publisher: Routledge
Release Date : 2016-12-05
On The Eighteenth Century As A Category Of Asian History written by Leonard Blussé and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with History categories.
The starting point of this volume is the scathing attack, far-reaching in its consequences, launched in 1942 by J.C. van Leur on the views then current on the character and significance of the 18th century as a category in Asian history. His denial of European pre-eminence in Asian waters represented a direct attack on colonial historiography. The essays here derive from an international conference held 50 years later, to assess the impact of van Leur’s work. In part historiographic, in part drawing on new research, they aim to delimit the boundaries of European-Asian interaction, and to provide case studies of what this period actually meant for the history of South and East Aia.
Nine Tenths Of The Law
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Author : Christian Lund
language : en
Publisher: Yale University Press
Release Date : 2021-01-05
Nine Tenths Of The Law written by Christian Lund and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-05 with History categories.
An exploration of the relationship between possession and legalization across Indonesia, and how people navigate dispossession The old aphorism “possession is nine-tenths of the law” is particularly relevant in Indonesia, which has seen a string of regime changes and a shifting legal landscape for property claims. Ordinary people struggle to legalize their possessions and claim rights in competition with different branches of government, as well as police, army, and private gangs. This book explores the relationship between possession and legalization across Indonesia, examining the imaginative and improvisational interpretations of law by which Indonesians navigate dispossession.
Outsourcing Legal Aid In The Nordic Welfare States
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Author : Olaf Halvorsen Rønning
language : en
Publisher: Springer
Release Date : 2017-12-21
Outsourcing Legal Aid In The Nordic Welfare States written by Olaf Halvorsen Rønning and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-21 with Social Science categories.
This book is open access under a CC BY 4.0 license. This edited collection provides a comprehensive analysis of the differences and similarities between civil legal aid schemes in the Nordic countries whilst outlining recent legal aid transformations in their respective welfare states. Based on in-depth studies of Norway, Sweden, Finland, Denmark, and Iceland, the authors compare these cases with legal aid in Europe and the US to examine whether a single, unique Nordic model exists. Contextualizing Nordic legal aid in relation to welfare ideology and human rights, Hammerslev and Halvorsen Rønning consider whether flaws in the welfare state exist, and how legal aid affects disadvantaged citizens. Concluding that the five countries all have very different legal aid schemes, the authors explore an important general trend: welfare states increasingly outsourcing legal aid to the market and the third sector through both membership organizations and smaller voluntary organizations. A methodical and compassionate text, this book will be of special interest to scholars and students of the criminal justice, the welfare state, and the legal aid system.
The Uses Of Justice In Global Perspective 1600 1900
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Author : Griet Vermeesch
language : en
Publisher: Routledge
Release Date : 2019-01-09
The Uses Of Justice In Global Perspective 1600 1900 written by Griet Vermeesch and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-09 with History categories.
The Uses of Justice in Global Perspective, 1600–1900 presents a new perspective on the uses of justice between 1600 and 1900 and confronts prevailing Eurocentric historiography in its examination of how people of this period made use of the law. Between 1600 and 1900 the towns in Western Europe, the Kingdoms in Eastern Europe, the Empires in Asia and the Colonial States in Asia and the Americas were all characterised by a plurality of legal orders resulting from interactions and negotiations between states, institutions, and people with different backgrounds. Through exploring how justice is used within these different areas of the world, this book offers a broad global perspective, but it also adopts a fresh approach through shifting attention away from states and onto how ordinary people lived with and made use of this ‘legal pluralism’. Containing a wealth of extensively contextualised case studies and contributing to debates on socio-legal history, processes of state formation from below, access to justice, and legal pluralism, The Uses of Justice in Global Perspective, 1600–1900 questions to what degree top-down imposed formal institutions were used and how, and to what degree, bottom-up crafted legal systems were crucial in allowing transactions to happen. It is ideal for students and scholars of early modern justice, crime and legal history.
Islamic Law In The Indian Ocean World
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Author : Mahmood Kooria
language : en
Publisher: Routledge
Release Date : 2021-09-23
Islamic Law In The Indian Ocean World written by Mahmood Kooria and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-23 with Social Science categories.
This book explores the ways in which Muslim communities across the Indian Ocean world produced and shaped Islamic law and its texts, ideas and practices in their local, regional, imperial, national and transregional contexts. With a focus on the production and transmission of Islamic law in the Indian Ocean, the chapters in this book draw from and add to recent discourses on the legal histories and anthropologies of the Indian Ocean rim as well as to the conversations on global Islamic circulations. By doing so, this book argues for the importance of Islamic legal thoughts and practices of the so-called "peripheries" to the core and kernel of Islamic traditions and the urgency of addressing their long-existing role in the making of the historical and human experience of the religion. Islamic law was and is not merely brought to, but also produced in the Indian Ocean world through constant and critical engagements. The book takes a long-term and transregional perspective for a better understanding of the ways in which the oceanic Muslims have historically developed their religious, juridical and intellectual traditions and continue to shape their lives within the frameworks of their religion. Transregional and transdisciplinary in its approach, this book will be of interest to scholars of Islamic Studies, Indian Ocean Studies, Legal History and Legal Anthropology, Area Studies of South and Southeast Asia and East Africa.
