Recent judicial reforms after democratic transition have been substantial and relatively successful in Chile, but much less so in Argentina and Brazil. This article traces this variation in outcomes to the legal strategies of the prior authoritarian regimes. The Brazilian military regime of 1964–1985 was gradualist in its approach to the law, and had a high degree of civilian-military consensus in the legal sphere. It was not highly repressive in its deployment of lethal violence, and this combination of (...) factors contributed to a gradualist and consensual transition in which judicial reform was not placed high on the political agenda. The Argentine case of military rule between 1976 and 1983 was almost the opposite. The military sidestepped and even attacked the judiciary, engaging in almost entirely extrajudicial violence. This generated a “backlash” reform movement after the transition to democracy that was mostly retrospective and only partially successful. In Chile, in contrast, the military engineered a radical break with previous legality, engaged in violent repression, but made considerable efforts to reconstruct a judicial order. It was in the aftermath of this situation that reformers were able to push through a prospective and relatively successful judicial reform. This article's findings suggest that judicial reform may be more likely to succeed where the prior authoritarian regime was both repressive and legalistic, as in Chile, Poland, and South Africa, than where high degrees of repression were applied largely extrajudicially, as in Argentina, Cambodia, and Guatemala, or where the authoritarian regime was legalistic but not highly repressive, as in Brazil, Mexico, and the Philippines. (shrink)

In anticipation of Croatia’s accession to the European Union, this article assesses the way in which the state has come to terms with the Serbian question and the practice of non-discrimination in the justice sector. The first part offers an historical review of the Serbian question in Croatia and the main laws that discriminated against non-Croats during the war and rule of President Franjo Tudjman (1991–1999). The second part evaluates the nature of judicial reform in light of the external (...) demands placed on Croatia to improve relations with the Serbian minority and recent rulings from the European Court of Human Rights, which have questioned the capacity of the Croatian judiciary to provide an effective remedy in cases of human rights violations. (shrink)

The article aims to assess whether the procedural innovations introduced by the reform of the civil procedure law of the Republic of Lithuania have brought changes in judges’ behaviour, which the reform intended to achieve. The study analyses the driving reason behind the reform of the civil procedure law, its objectives, and the ways the five innovations brought about by the reform changed the behaviour of the judges. The analysis of the legal sources and the empirical study show that some (...) of the innovations introduced by the Civil Procedure Code have not yet been properly assimilated and that the code, which has been in force for twenty years, is still not fully operational and understood. (shrink)

The normally staid topics of judicial ethics and the standards for judicial recusal have become the focus of political debates, editorials and letter writing campaigns. Most of the recent focus falls on conservative justices of the US Supreme Court and in particular on their anticipated participation in what is expected to be an important ruling on the constitutionality of the heath care reforms championed by President Obama and the Democratic Party. But the issue is not simply about (...) partisan politics. It's also about the structure of the US federal judiciary and the need to think about the impact of two-career couples on the judicial recusal rules. (shrink)

This article examines how international institutions serve to diffuse human rights norms and create judicial capacity building in post-conflict societies. Specifically, we examine how the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Office of the High Representative have influenced the reform of domestic courts in Bosnia and Herzegovina (BiH). We place these reforms within the broader debate over restructuring the complex system of government in BiH. Since 2005, domestic courts in BiH have had jurisdiction over (...) the following: (1) Cases which were initially under the jurisdiction of the domestic courts but remanded to the ICTY and recently returned to BiH. (2) Cases which originated at the ICTY and have been transferred to the State Court, and (3) new cases which originated and remained in the domestic court system. We find that while human rights norms have been incorporated into the new legal code, the diffusion of these human rights norms has been inadequate because of the lack of judicial capacity building. While some courts in the capital enjoy significant resources, the vast majority of cases will be tried at provincial courts which are under-funded and unable to prosecute the significant number of cases. Moreover, the government structure of BiH has had a decidedly negative impact on the prosecution of these cases. Ultimately, the rule of law requires consistency of approach and funding to protect human rights throughout the state. (shrink)

On Thursday June 12th 2003, a press release concerning a Cabinet reshuffle declared as a footnote that the office of Lord Chancellor was to be abolished and that a new Supreme Court would replace the House of Lords as the highest court in the United Kingdom. In response to intense criticism of the Government for announcing these judicial reforms without holding any prior debate or consultation, Charles Banner and Alexander Deane have sought the views of several constitutional experts (...) – including judges, leading QCs, legal and political academics, commentators and MPs. This book is the product of their research: citing the interviewees at length, it critically analyses the Government’s proposals and looks at the various alternative models for appointing judges and for a new court of final appeal. The future of the QC system, which the Government has again indicated a desire to abolish, is also discussed in the book. (shrink)

This article discusses judicial recruitment in civil law countries. It introduces the emergence of comparative global studies. The United States was the first country to offer university courses on the judiciary outside of law schools. Significant empirical research has been carried out on the system of judicial recruitment since the latter half of the twentieth century and in recent years much of the work of empirically oriented judicial researchers has focused on reforming traditional ways of recruiting and (...) appointing judges. In countries with authoritarian regimes, empirical judicial studies focus on how judiciaries are developed to enforce the regime's policies. Research has shown variations among career judiciaries and their convergence with common law models of the judicial career. It is foreseen that the next wave of empirical research on judiciaries will show how differences in recruitment systems and judicial education influence judicial decision-making. (shrink)

Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, (...) and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary. (shrink)

Justice must both be done and be seen to be done. A legal principle designed to give effect to this fundamental proposition is that a judge must not sit to determine a dispute if he or she is biased, or if there exists a reasonable perception that he or she is biased. Across many common law jurisdictions – including the UK, Australia, Canada, New Zealand and many jurisdictions in the United States – the judge in question himself or herself is (...) required to undertake the assessment of whether bias, or an apprehension of bias, exists. Drawing on insights from behavioural psychology and a series of case studies from across these jurisdictions, this paper offers an extended analysis of this practice and identifies and evaluates alternative proposals. (shrink)

Landmark Supreme Court rulings determine American law by adjudicating among competing reasonable interpretations of basic political rights. Jeremy Waldron argues that this practice is democratically illegitimate because what determines the content of basic rights is a bare majority vote of an unelected, democratically unaccountable, elitist body of nine judges. I argue that Waldron's democratic critique of judicial review has implications for real-world reform, but not the implications he thinks it has. He argues that systems of legislative supremacy over the (...) judiciary are democratically preferable to the American one. I provide reasons why his argument is unsound and explain that, properly construed, Waldron's premises support implementing a system where ordinary citizens chosen by lottery participate in a deliberative mini-public to vote on which reasonable interpretation of a basic political right will become the law of the land. (shrink)

The project of the comprehensive reform of Japanese insolvency law started in October 1996. After many enactments and amendments, there are now two types of judicial proceedings for personal insolvencies in Japanese insolvency law. The first category is straight bankruptcy proceedings in which the debtor can be discharged; the other is special Civil Rehabilitation proceedings for individual debtors. In this Article, I will first give a brief overview of the special Civil Rehabilitation proceedings for individual debtors, including a short (...) description of two types of proceedings, and legislative issues. Then I will give a brief overview of major amendments of the Bankruptcy Law concerning individual bankruptcies, including amendments relating to the scope of exemption and discharge proceedings. (shrink)

The concepts of judicial independence and the separation of powers are used more as terms of political rhetoric than legal concepts in the British constitution. Responsible government significantly merges the executive and the legislative while parliamentary sovereignty has meant that judicial independence has had a peculiar British meaning, rarely unpacked. In practice, in England, (and presumably in the other UK jurisdictions), individual judges are accorded a high degree of independence, while there is no effective independence of the judiciary (...) collectively as a branch of government. This article then asks what impact current constitutional changes will have on this state of affairs. Adherence to the EU, the growth of judicial review and other factors have already had an important impact; devolution, the Human Rights Act and the reform of the House of Lords may have impacts that will be different in both quality and degree. Coupled with other political changes the end result may well be a more effective separation of powers and more real independence for the judges as a branch of government; but that in turn may call for more open and meaningful democratic control over the appointment of judges. (shrink)

The transitory and ever-evolving process of law making plays a role of primal importance in the regulation of human conduct of society. It goes without saying that in this entire process, judges have a participation. The power entrusted by law and the nature of judicial process, make judges the prime mover of the development of law. It matters how judges decide cases. It matters most to people unlucky or litigious or wicked or saintly enough to find themselves in court... (...) The effect emanating from the decision of a case affects the life of a person in many ways that at times has far reaching impact...When the law in question happens to be criminal law, it requires a cautious consideration to see how the interpretive tools used by judges affect the life of a litigant in ways both seen and unseen... Several areas concerning adjudication and judicial interpretation have been the subject matter of study. This paper includes a discussion on the principle of non- retrospectivity in light of judicial adjudication in criminal matters. (shrink)

In this book, Christopher F. Zurn shows why a normative theory of deliberative democratic constitutionalism yields the best understanding of the legitimacy of constitutional review. He further argues that this function should be institutionalized in a complex, multi-location structure including not only independent constitutional courts but also legislative and executive self-review that would enable interbranch constitutional dialogue and constitutional amendment through deliberative civic constitutional forums. Drawing on sustained critical analyses of diverse pluralist and deliberative democratic arguments concerning the legitimacy of (...) judicial review, Zurn concludes that constitutional review is necessary to ensure the procedural requirements for legitimate democratic self-rule through deliberative cooperation. Claiming that pure normative theory is not sufficient to settle issues of institutional design, Zurn draws on empirical and comparative research to propose reformed institutions of constitutional review that encourage the development of fundamental law as an ongoing project of democratic deliberation and decision. (shrink)

Larry W. Yackle, Reform and Regret: The Story of Federal Judicial Involvement in the Alabama Prison System New York and Oxford: Oxford University Press, 1989, xii+322 pp.

Lawyering for the Rule of Law introduces a new model of government lawyering in which government lawyers function as an ancillary mechanism that enables the court to expand its influence on policy-making within the political branches by forming out-of-court settlements. It discusses the centrality of government lawyers with regard to judicial mobilization and the enforcement of social reforms through adjudication, and sheds light on particular functions of government lawyers as adjudicators and facilitators of institutional arrangements. It also discusses (...) the ethical and professional dilemmas of government lawyers in judicial review and the relationship between lawyers' professional morality and outcomes in litigation. (shrink)

The problem this paper addresses is network based, systematic tax extortion. Four key extortion system elements are considered which expose corruption links between political, administrative and judicial bodies. Based on action‐learning theory, a number of intervention methods for resisting and reforming systematic tax extortion are considered. The strengths and limitations of the methods are considered in the context of a number of case studies. Since the problem of tax extortion is more network based and systematic than it is isolated (...) and individual, any successful method of intervention must target network processes rather than isolated individual behaviours. What appears particularly promising is a social movement‐based combination and sequence of methods that includes dialogue among reformers about system‐level problems, win‐win alliances with instrumental allies, and win‐lose methods against selected opponents to extortion reform. (shrink)

This article examines how claimants alleging multiple discrimination, i.e. discrimination on the basis of two or more grounds, fare under existing antidiscrimination law. It argues that the current statutory regime, both conceptually and practically, hinders multiple discrimination claims. Specifically, the grounds of anti‐discrimination legislation may not adequately address an individual's experience of discrimination, leaving a claimant, or class of claimants, with no effective remedy. Further, in cases of both direct and indirect discrimination, claimants alleging multiple discrimination find it difficult or (...) impossible to identify an appropriate comparator. In sum, despite previous legislative and judicial failures to address issues of multiple discrimination, the forthcoming reforms to anti‐discrimination law promise merely an exacerbation, not an amelioration, of these problems. (shrink)

Although the Canadian legal system has many virtues, it has at least one major weakness – its judicial appointments and promotion systems. The paper begins by identifying six key values that need to be considered in order to assess the legitimacy of a judicial appointments process – independence, impartiality, representativeness, transparency, accountability and efficiency. In the following sections, through the use of three case studies of appointments to the Supreme Court of Canada, the superior courts of Nova Scotia (...) and a promotion to the Federal Court of Canada, we demonstrate that Canada has failed to live up to these values. We conclude by suggesting that recent reforms to the judicial appointments processes by the current government are an improvement, but that more radical reforms are essential to enhance public confidence in the integrity of Canada’s judicial appointments and promotion systems. (shrink)

In this article the author aims to assess Wilfrid J. Waluchow’s more recent book, by depicting its main aim, namely to provide a better understanding of judicial review in a constitutional democracy via the “living tree” metaphor; by disapproving an unwarranted claim, purposely to reduce the metaphor to the common law (bottom-up) methodology; and by re-developing his alternative, specifically to identify the community’s constitutional political morality, with a friendly amendment, which is already explicit —or at least somehow implicit— on (...) it, i.e. not only by judges but also by legislators, including framers, amenders or reformers, and other legal officials, including lawyers and citizens, which at the end will grant him the point.Resumen:En este artículo el autor intenta evaluar el libro más reciente de Wilfrid J. Waluchow, al caracterizar su objetivo principal, a saber: proporcionar una mejor explicación del control judicial de la constitucionalidad en una democracia constitucional mediante la metáfora del “árbol viviente”; al cuestionar un argumento, precisamente el que reduce dicha metáfora a la metodología (de abajo hacia arriba) del common law; y, al re-desarrollar una alternativa, específicamente al identificar la moralidad política constitucional de la comunidad, a partir de una enmienda amigable, misma que ya está explícita —o hasta cierto punto implícita— en ella, i. e. no sólo por los juzgadores sino también por los legisladores, incluidos los constituyentes originarios y revisores o reformadores, y otros operadores jurídicos, incluidos abogados y ciudadanos, lo cual al final de cuentas le dará el punto. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:542 BOOK REVIEWS sires. Rather, the Subjects need to want to do those things that bring about the Bosses' satisfaction. And this raises the question of the control of the imagination. explores the subtle power relations between controllers and the controlled, to the end of exploring ways that imagination offers control over power relationships. Yet Rorty ends with a bleak vision: we are a basically conservative species, whose capacities (...) for imagining new forms of power relationships tend to be dominated by the archetypes gleaned from our collective and individual experience, often reflecting malign structures. Even benign experiences, Rorty argues, tend to reinforce our inclination to seek refuge in submission to authority. What are we to make of this collection which stretches from philosophy of mind through Freudian analyses to a chastened Hobbesian vision of our social and moral order? There is much here to interest philosophers of mind and those who are concerned with the frontier between that field and empirical psychology. While she does not supply a theory of mind, Rorty shows clearly how much heterogeneous material such a theory must encompass. JOHN CHURCHILL Hendrix College Conway, Arkansas Faith and Reason From Plato to Plantinga: An Introduction to Reformed Epistemology. DEWEY J. HOITENGA, JR. S.U.N.Y. Press, 1991. Pp. 263. $18.95. This is an excellent and important book. Most of those who have written about the ' Reformed ' epistemology of religious belief have done so with either polemical or systematic interests in mind. That is not inappropriate, since the interests of those who have propounded Reformed epistemology have also been mainly polemical and systematic. Though here and there they have pointed to historical antecedents, they have not traced those antecedents in any detail. Hoitenga's contribution is to do exactly that. For the most part, his understanding of Reformed epistemology is accurate. He himself crisply summarizes his understanding in these words: "Its central claim is the immediacy of our knowledge of God. We do not, in the first instance, know God by inference or testimony but by direct acquaintance with him. A closely related claim fa that we cannot easily remain indifferent to the God whom we know by such direct acquaintance. Thus our knowledge of God is like our knowl- BOOK REVIEWS 543 edge of every other fundamental kind of reality-physical objects, their properties and relationships, others persons, right and wrong, good and evil, and the elementary objects of logic and mathematics. Furthermore, the claim is that everyone knows God in this way, not just the Christian believer. If someone does not believe in God, that is, does not trust in God as Christians do, this is not because one does not know God. All human beings by nature have what Calvin calls an awareness of divinity.... Although the fall has clouded over this natural awareness of God and led to the loss of faith in him, it has not eradicated this awareness. Christian faith does not alter this direct awareness of God but rather presupposes it, rejuvenates it, and enlarges it " {235). Hoitenga discusses in detail three precursors of this view: Plato, Augustine, and Calvin, thus showing that the contemporary Reformed epistemology of religious belief stands in a long intellectual tradition. Though shortly I will offer a few critical comments about his interpretations, his discussion of the three thinkers is, in each case, extremely helpful. The full view of each of these thinkers, on the matters under consideration, must be constructed from passages scattered around in a large number of different texts. Hoitenga conducts this recovery of the relevant sources and the construction of his interpretation with wide knowledge of the primary texts, with apt use of the secondary literature, and with the judiciousness and balance which such interpretation requires. Though I shall now make critical comments on three points, I view these criticisms as entirely compatible with my judgment that Hoitenga has made a very important contribution with this historical introduction to Reformed epistemology. I begin with one point in his exposition of contemporary Reformed epistemology. Plantinga observes that there are perhaps some cases in which, though a person has a prima facie right to believe some theistic proposition immediately, that right is... (shrink)

Undisputed letters of Paul and Acts of the Apostles are replete with details of the Gentile Missionary’s multiple imprisonments, so much as to qualify him a ‘jailbird’ description. Paul’s incarceration in Herod’s palace for 2 years (Ac 23:34–35), his arraignment before Governor Felix and subsequent detention for 5 days before plea (Acts 24) on charges of inciting public violence, being a ringleader of a cultic faction and causing disturbances in the Jerusalem Temple, resonate with the contentious arrests and imprisonment without (...) bail and trial of members of opposition political parties in Zimbabwe. Consistent with New Testament passages that exhort caring for prisoners and the need to grant justice to those facing trial, this study seeks to understand how inmates in Zimbabwean prisons have been on the receiving end of relics of the ancient Roman Legal system in the country’s Human Rights history between 2018 and 2022. The article demonstrates how the New Testament can be deployed to grapple with distress calls emerging from Zimbabwe’s prison walls as part of advocacy for judicial reforms in the country’s quest for rule of Law. At the end, the article recommends ways in which Churches in Zimbabwe can tap from New Testament passages how to operate an effective prison ministry in liaison with the Prisons and Correctional Services Department of the Government of Zimbabwe. The article employs qualitative methods of Socio-Historical and Ethnographic Analyses to discuss how human rights pitfalls in Paul’s imprisonments present remedial lessons in Zimbabwe’s quest for judicial reforms. Contribution: Deployment of the Bible to redress Human Rights issues in Zimbabwe. Demonstration of how Early Christian Literature can dialogue with contemporary African Sitz im Leben for social transformation. (shrink)

In his treatise Han Fei Zi, the Chinese ancient thinker Han Fei proposes a governance structure that emphasizes the institutionalization of legal norms, judicious sovereign intervention, and ministerial obligations. These three core concepts of Han’s legal thinking are informed by both the Taoist law of Nature and the Confucian philosophy as is expounded by Xun Zi. Recognition of the Taoist and Confucian influences brings to light the ethical and normative dimensions of Han’s legal thought, dimensions that, I propose, provide new (...) insights into China’s legal and institutional reforms today. (shrink)

The problem this paper addresses is network based, systematic tax extortion. Four key extortion system elements are considered which expose corruption links between political, administrative and judicial bodies. Based on action‐learning theory, a number of intervention methods for resisting and reforming systematic tax extortion are considered. The strengths and limitations of the methods are considered in the context of a number of case studies. Since the problem of tax extortion is more network based and systematic than it is isolated (...) and individual, any successful method of intervention must target network processes rather than isolated individual behaviours. What appears particularly promising is a social movement‐based combination and sequence of methods that includes dialogue among reformers about system‐level problems, win‐win alliances with instrumental allies, and win‐lose methods against selected opponents to extortion reform. (shrink)

This article compares the social movement mobilization that led to reforms in police and judicial handling of battering in the United States to the movement ideology, organization, and tactics that resulted in analogous policy reform in the processing of dowry burnings and beatings in India. Using field notes and secondary sources from both countries, the article examines how both movements redefined violence against women in families as a public issue, then looks at how movement demands affected policy reform (...) in each country. The analysis questions the current conceptualization of social movement success. Social movements theory assumes that entry into the polity of liberal, democratic states constitutes success in the sense of social change. Yet the cases analyzed suggest that assumptions about the gender neutrality of state response to movements prevents researchers from critically examining the outcomes of social movement mobilization. Moreover, institutionalization of women's movement demands and organization may diminish the capacity of such movements to control the social construction of domestic violence against women by providing protection without empowerment. (shrink)

Protecting women and children is one of the core values of the Islamic legal tradition. In Muslim countries religious, constitutional, and legal frameworks obligate the state to take special measures to provide protection to women and children within families and in society. However, despite such provisions, post-divorce maintenance rights are not granted to women in Pakistan and Iran. Family law enacted in Pakistan and Iran still differs in form and substance from what has been mentioned in the primary sources of (...) Islamic law and from the previous articulations of early Islamic law scholars. Moreover, patriarchal notions of male authority are still sustained through law and judicial interpretations when it comes to the question of giving post-divorce maintenance to women. As a result in the absence of a welfare system divorced women are left in a vulnerable situation. Although in Iran, some financial compensation under the concept of Ujrat ul Misl is given to divorced women, but it remains unclear whether the right to Mata’at-ul-Talaq has been recognised under the family law. In Pakistan the law does not include any provision for giving women Ujrat ul Misl and Mata’at- ul -Talaq. Moreover in the absence of a welfare system, divorced Muslim women in both countries are left in a vulnerable situation. This article engages with plural normative sources and contemporary notions of human rights to make the case for family law reform and for awarding post-divorce maintenance rights to Muslim women in Pakistan and Iran. (shrink)

The Employee Retirement Income Security Act is a federal law regulating the administration of private employer-sponsored benefits including health benefits . In general, since the federal government has exercised its authority to preempt state regulation of the administration of private employer-sponsored health plans, states are blocked from enforcing laws interfering with ERISA. As many states pursue health care reform experiments, ERISA preemption becomes relevant as a potential limit on the scope and type of reforms states are able to enact. (...) The dominant trend in ERISA litigation has been to preempt state legislation and litigation interfering with the administration of private employer-sponsored health plans, making large-scale state health care reform initiatives difficult. The purpose of this paper is to examine the trajectory of judicial interpretation of ERISA and to discuss what opportunities exist to facilitate health care initiatives given the constraints of ERISA preemption. (shrink)

The Employee Retirement Income Security Act of 1974 , a federal law regulating private employer-sponsored employee benefit plans, was primarily designed for pension plans, but has had a profound impact on state health care reform efforts. ERISA's broad preemption language has been judicially interpreted to preclude states from most forms of regulation of employer health plans, including benefit design and incorporating employer expenditure requirements in state health reform financing. But since 1974, Congress has never seriously returned to reexamine several fundamental (...) questions: Should employers be required to offer or contribute to employee health coverage? Should ERISA preempt state efforts to take such actions? Or should ERISA incorporate more comprehensive regulation of health plans in these areas? Although the politics of ERISA preemption have thus far blocked federal reform, while allowing state reform activity to be simultaneously curtailed, new health reform efforts may force Congress to address these questions. (shrink)

This paper contributes to international feminist debates on shared parenting and family violence via reforms to Canada’s Divorce Act, in force since 2021. Looking backwards, it reviews parliamentary debates and early judicial discussions. The documentary review reads the reforms as an unstable compromise between calls from feminist voices and experts on family violence and from groups representing fathers. Family violence is now defined broadly and declared relevant to children’s welfare. But language in the statute may undermine its (...) seriousness. Exposing the tensions underlying these reforms is useful for Canadian participants in family justice and for scholars, practitioners, and policymakers elsewhere, exemplifying the promise and perils of reform in this area. Looking ahead, the paper offers recommendations to higher courts. Appellate judges should read rules on contact with both parents and parental cooperation in the light of the new recognition of family violence, taking the latter as an overarching objective of the statute. (shrink)

Introduction. The trial; the right to a lawyer; double jeopardy; the electoral college; the senate; presidential pardon; judicial review; lifetime appointment; campaign finance reform; the right to political leave; the democratized corporation -- The right to a lawyer -- Abolish double jeopardy -- Empower the jury -- The electoral college -- Abolish presidential pardon -- Abolish the Senate -- Limit the power of the Supreme Court -- Abolish lifetime tenure of Supreme Court justices -- Reduce private money in election (...) campaigns -- Expand the right to run for political office -- Expand employee rights -- The contradictions of libertarianism. (shrink)

This article examines how migrant and immigrant sex workers have been rendered invisible before the courts and parliament in the reform of laws regarding sex work in Canada. A discourse analysis of the expansive legal record in the Bedford case and the transcripts of Parliamentary debates and testimony before Standing Committees confirm the lack of nuanced discussion on how criminal law reform could impact migrant and immigrant sex workers. As such, while the case of Bedford and the resulting change in (...) the law made by Parliament have been celebrated as a win for some sex workers as an acknowledgment, recognition and judicial validation of experiences by legal institutions of sex workers, a sub-group of women – migrant and immigrant sex workers – remain in the shadows. This article examines how law excludes migrant and immigrant sex workers; it is a starting point for research on how migrant and immigrant sex workers may participate in future legal reform. (shrink)

Student evaluations of teaching are ubiquitous in the academe as a metric for assessing teaching and frequently used in critical personnel decisions. Yet, there is ample evidence documenting both measurement and equity bias in these assessments. Student Evaluations of Teaching have low or no correlation with learning. Furthermore, scholars using different data and different methodologies routinely find that women faculty, faculty of color, and other marginalized groups are subject to a disadvantage in SETs. Extant research on bias on teaching evaluations (...) tend to review only the aspect of the literature most pertinent to that study. In this paper, we review a novel dataset of over 100 articles on bias in student evaluations of teaching and provide a nuanced review of this broad but established literature. We find that women and other marginalized groups do face significant biases in standard evaluations of teaching – however, the effect of gender is conditional upon other factors. We conclude with recommendations for the judicious use of SETs and avenues for future research. (shrink)

This article explores the relevance of disagreement about values and about the functions and effects of law to debates concerning the appropriate relationship between courts and legislatures, common law and statute. Recent developments in tort law provide a context for the discussion. The argument is that in general, political processes of law-making should be preferred judicial processes.

Against the assumption that legal and normative systems are coextensive with geopolitical units and national spaces, the article advocates for the need to study how different legal and normative semiospheres, within the same geopolitical unit and national space, often give rise to ‘normolects’ that are transversal to socio-economic classes, ethnicities, and cultural lifestyles. The concept of legal and normative ‘imaginaries’ is useful to come to terms with the legal and normative semiotic ideology of such normolects, including their non-verbal dimension and (...) legal-normative semiotic ideologies. More generally, the article prompts legal scholars, and particularly semioticians of law, not to focus exclusively on inter-cultural awareness in legal-normative language but to concentrate also on intra-cultural awareness. As a case study, the article analyses a drawing through which the former Italian Prime Minister Silvio Berlusconi visualized and advertised for a bill of reform of the Italian judicial system by his Minister of Justice, Angelino Alfano. The semiotic analysis of this visual artifact casts new light on the controversial political and judicial figure of Mr Berlusconi. The drawing is read as a visual embodiment of the conflict between two different legal and normative ideologies within the present-day Italian political and judicial arena. The paradoxes that underpin this iconography of law and mar a rational confrontation of legal-normative arguments in contemporary Italy are uncovered. (shrink)

Francis Bacon, the English philosopher, statesman and jurist, is best known for developing the empiricist method which forms the basis of modern science. Bacon's writings concentrated on philosophy and judicial reform. His most significant work is the Instauratio Magna comprising two parts - The Advancement of Learning and the Novum Organum. The first part is noteworthy as the first major philosophical work published in English. James Spedding and his co-editors arranged this fourteen-volume edition, published in London between 1857 and (...) 1874, not in chronological order but by subject matter, so that different volumes would appeal to different audiences. The material is divided into three parts: philosophy and general literature; legal works; and letters, speeches and tracts relating to politics. Volume 1, published 1857, contains the biography by Bacon's secretary, William Rawley, and part 1 of the philosophical works included in the Instauratio Magna. (shrink)

The article addresses the pervasive global challenge of delayed justice, emphasizing its role as a catalyst for widespread judicial reforms. The study defines international and national court approaches to reasonable trial durations by employing systematic and comparative legal methods. It delves into essential technology courts and parties use to ensure timely proceedings, categorizing associated risks and problems. The authors advocate for the multi-door courthouse system, illustrating its efficacy in reducing delays. Furthermore, the article classifies technologies facilitating reasonable trial (...) durations, acknowledging and offering solutions for the challenges they present. This research contributes to the dynamic landscape of judicial reform, offering a holistic perspective on the multifaceted aspects of timely justice. (shrink)

Designing Indicators for a Plural Legal World engages with the role of quantification in law, and its impact on law and development and judicial reform. It seeks to examine how different institutions shape and influence the making and use of legal indicators globally. This book sheds light on the limitations of existing quantification tools, which measure rule of law due to their lack of engagement with contexts and countries in the Global South. It offers an alternative framework for measurement, (...) which moves away from an institutional look at rule of law, to a bottom up, user centered approach that places importance on the lives that people lead, and the challenges that they face. In doing so, it offers a way of thinking about access to justice in terms of human capabilities. (shrink)

In this article I examine the legal framework for addressing violence against women in post war Guatemala. Since the signing of the Peace Accords in 1996, judicial reform in Guatemala has included the passing of laws in the area of women‘s human rights, aimed at eliminating discrimination and violence against women. These laws constitute a response to and have occurred concurrently to an increase in violent crime against women, particularly in the form of mass rapes and murders. Drawing on (...) fieldwork conducted in Guatemala‘s Metropolitan Area, this paper juxtaposes the laws for addressing violence against women to Guatemalan women‘s complex, multilayered and multi-dimensional life experiences. The latter expose the limitations of strictly legal understandings of the phenomenon of gender-based violence, and highlight the need for broad social justice approaches that take into account the different structures of violence, inequality, and injustice present in women‘s lives. (shrink)

Based on in-depth interviews with policymakers and archival data, we examine the policy debates over court reform in family law and criminal law in Chile after the democratic transition. We introduce the concept of “gendered expertise” to capture the set of competences and claims organized around perceived gender differences and mobilized through gendered networks that we found in these debates. We show how gender structured and valorized lawyers’ expertise and shaped the differing outcomes in these two reforms. In the (...) power struggles among law reformers, both men and women lawyers used gendered expertise as a resource for characterizing themselves and their opponents. In the end, criminal law reform not only received far more political and economic support for its implementation than any other Chilean judicial reform, but defined the appropriate political reforms in relation to gendered meanings of law and political reconciliation. (shrink)

As a type of public discourse closely related to litigation practices, Chinese legal news reports incorporate the important progress in China’s judicial reform. Meanwhile, due to the competitive pressure and driven by profit, Chinese legal news reports are characteristic of an evident trend of marketization. This article examines how and to what extent sensationalism invades Chinese legal news reports. The research methodology combines the theoretical paradigms of critical discourse analysis and genre analysis, with particular attention paid to the notions (...) of genre and interdiscursivity. The data include 70 legal news reports in Legal Daily. Analytical results show that Chinese legal news reports, although being a highly institutional genre, include a number of sensational strategies which promote the restructuring of legal news reports in China. (shrink)

En el escenario de la Generación del Ochenta, surgen temáticas y polémicas que muestran la movilidad ideológica de la época. En el entrecruzamiento que se produce entre esquemas antiguos y nuevas propuestas, aparecen intentos rupturales que abren rumbos no siempre conocidos. El pensamiento y la obra del Dr. Serafín Álvarez sobre reforma social y jurídica y mediación fiscal constituyen un universo de ideas innovadoras y visionarias que merecen su inclusión en el ámbito de la Historia de las Ideas en la (...) Argentina.With «The 80's Generation» as the stage, there arise topics and controversies that show the ideological mobility of the time. In the crossing between the old schemes and the new proposals there appear rupturing attempts that open up roads that are not always well-known. Serafin Alvarez's thought and works on social and judicial reform and fiscal mediation constitute a universe of innovative and visionary ideas that deserve to be included in the realm of the History of Ideas in Argentina. (shrink)

La théorie de la décision a inspiré des modèles du risque qui formalisent des choix de comportement dont la diversité tient à des facteurs individuels, sociaux et environnementaux. Comme le droit routier cherche à modifier les comportements, ces modèles ont inspiré des politiques publiques et des réformes juridiques ou judiciaires. Leurs effets sont limités par la diversité des déterminants des comportements et l’éclatement des groupes qui prennent des risques. Ces modèles n’en restent pas moins un guide pertinent pour l’action générale (...) de l’État, surtout si des actions spéciales la complètent. Celles-ci pourraient porter sur des cibles spécifiques avec des démarches appropriées, appuyées par l’éducation et la prévention.The decision-making theory has inspired risk models which formalize behaviour choices. Their diversity is due to individual, social and environmental factors. Since road safety laws aim at changing behaviours, these models have inspired policies as well as legal or judicial reforms. Their effects are limited by the variety of decision factors and the dispersal of risk-taking groups. Yet these models do remain a relevant guide for overall state action, particularly if it is enhanced by special actions. The latter could be aimed at special targets using adequate strategies backed by education and prevention. (shrink)

This article reconsiders John Bender’s reading of Fielding’s fiction and proposals for judicial reform in Imagining the Penitentiary by replacing Fielding’s writings in their religious context. Bender links Fielding’s use of omniscient narrators to his insistence on penal procedure and to his organising information in narrative sequences. Even though Bender’s analyses prove fruitful to account for certain formal innovations brought forth by Fielding, they tend to overlook Fielding’s hatred for Methodism and its consequences on his novels, parodies and satires. (...) Contrarily to Samuel Richardson, who relied on prefaces and authorial interventions to make sure that the moral meaning of his novels was unequivocal, Fielding used prefaces and intrusive narrators to highlight the fictionality of his works and to be both more transparent and more opaque about his own writing practices. Fielding’s avowals of fictionality are meant to destroy the illusion of narrative authenticity, which can easily turn into hypocrisy, which Fielding often links to Methodism and Pamela. However, they also contribute to giving a greater liberty and responsibility to the reader. If Fielding’s novels participate in the ‘rise of the penitentiary’, it is not because they institute the narrator as a judge, but rather because they organise the disappearance of the author through the perfection of the narrative architecture. (shrink)

Francis Bacon, the English philosopher, statesman and jurist, is best known for developing the empiricist method which forms the basis of modern science. Bacon's writings concentrated on philosophy and judicial reform. His most significant work is the Instauratio Magna comprising two parts - The Advancement of Learning and the Novum Organum. The first part is noteworthy as the first major philosophical work published in English. James Spedding and his co-editors arranged this fourteen-volume edition, published in London between 1857 and (...) 1874, not in chronological order but by subject matter, so that different volumes would appeal to different audiences. The material is divided into three parts: philosophy and general literature; legal works; and letters, speeches and tracts relating to politics. Volume 6, published in 1858, contains the first part of Bacon's literary works, including his histories in English and Essays or Counsels Civil and Moral in Latin. (shrink)