Dissertations / Theses on the topic 'English civil justice system'
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1
Caponi, Remo. "The performance of Italian civil justice system: an empirical assessment." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/122486.
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The unreasonable length of Italian civil proceedings goes on filling pages of newspapers and magazines. According to some authoritative views, the inefficiency of the civil justice system helps explain why the Italian model legislation on civil proceedings, as well as its academic research, are not as influential on the European scene as they were in the past. It is interesting to note that an opposed thesis has pointed out that the Italian procedurallaw and recent researches in civil proceedings lack a clear, up-to-date, principle-oriented and comprehensive approach towards problems and challenges that contemporary civil justice systems face today. Such an outdated and overly complicated approach might contribute to the inefficiency of the Italian civiljustice system. The Italian Law Journal, which aims to both spread knowledge (and criticism) of the Italian legal system and foster international debate among lawyers of different traditions, may be an appropriate venue for deepening our understanding of the current performance of the Italian civil justice system. Itmay, in particular, assist in ascertaining the major causes of the inefficiencies, with a view to assessing (in a subsequent article) if the prevailing way of thinking of legal scholars may, in the end, exacerbate the relevant problems.La longitud poco razonable de los procesos civiles italianos continúa llenando páginas de periódicos y revistas. De acuerdo con algunas opiniones autorizadas, la ineficiencia del sistema de justicia civil ayuda a explicar el motivo por el cual el modelo italiano de legislación en materia de procedimiento civil, así como su investigación académica, no sean tan influyentes en la escena europea como lo fueron en el pasado. Es interesante notar que una tesis opuesta ha señalado que el derecho procesal italiano y las investigaciones recientes sobre el proceso civil carecen de un enfoque claro, integral, actualizado y orientado por principios sobre los problemas y desafíos que el sistema de justicia civil afronta actualmente. Tal enfoque anticuado y demasiado complicado podría contribuir a la ineficiencia del sistema de justicia civil italiano. El Italian Law Journal, cuyo objetivo es la difusión de conocimiento (y crítica) del sistema legal italiano y la promoción del debate internacional entre abogados de distintas tradiciones, puede ser un modo apropiado para profundizar nuestra comprensión del desempeño actual del sistema de justicia civil italiano. Puede, en particular, ayudar a determinar las principales causas de las ineficiencias con el fin de evaluar (en un artículo posterior) si la forma predominante de pensamiento de los estudiosos del derecho posiblemente, al final, exacerba problemas relevantes.
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Erastus-Obilo, Bethel. "The place of the explained verdict in the English criminal justice system." Thesis, University of Hertfordshire, 2006. http://hdl.handle.net/2299/14349.
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Lay participation in the criminal justice process in the form of a jury is a celebrated phenomenon throughout the common law jurisdictions. While not claiming credit for its origin, England, as the latent cradle of the modern jury, disseminated this mode of trial to a great part of the world through colonization. Yet, trial by jury does not enjoy constitutional protection under English law. The system has been under severe criticism, curtailment and considerable pressure in recent times, perhaps far more than in other countries. Critics have demanded reform or outright abolition and supporters have opposed the demands just as vehemently and any reform achieved has been piecemeal and reluctant. The furore has helped to galvanise robust and extensive intellectual debate on the subject. It has also spurned extensive academic research. Trial by jury remains central to a tiny but significant part of the Criminal Justice System. Yet, the jury, unlike other decision-making bodies, retains the power to deliver a verdict that is unique by its lack of an explanation. The issue does not sit comfortably with those who would have the system abolished or pray fair trials. The matter is traced to antiquity and the modern democracy struggles to articulate jury accountability. This paper, the first to investigate the place of an explained verdict in the English Criminal Justice System, explores the competence of the jury to articulate an explanation for its verdict. In that pursuit, the paper engages in an analysis of the current state of jury trials in relevant legal and academic literature. It also engages in a comparative analysis of other jurisdictions and finds it instructive and prudent to draw extensively from the legal and social scientific experiences and experiments in selected parts of the world including the new quasi-jury systems in Europe. It explores the literature of legal scholarship and the social sciences and investigates the human psychology of decision-making based on selected text. Finally, it articulates the argument embodied in the hypothesis and the challenges facing its findings. The thesis concludes by examining the implications for its conclusions and sets the stage for areas of further research.
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Thomlison, Riley. "Judicial Campaigns and Expensive Litigation; The Evolution of the Civil Justice System." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/501.
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The partisan election of state judges and costly litigation make the civil justice system in the United States vulnerable because they undermine the values upon which the system was founded. The public’s trust that courts administer justice fairly and impartially is questioned by partisan elections funded by large corporations. Moreover, with the advent of electronically stored information, and the market’s control over the price of legal resources, access to the civil justice system is limited by wealth. This thesis seeks to address these problems and analyze the solutions that are most effective and comprehensive.
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Parker, Rukshana. "The efficacy of jury trials in the South African civil justice system." Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33931.
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In classical terms, democracy is synonymous with direct participation. However, as states grew and direct public participation became more difficult, a more minimal concept of democracy associated with enfranchisement was adopted. Democracy, however, should not be limited to the enfranchisement of the masses. It ought to include some level of direct public participation in branches of the government such as the judicial system.
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Palk, Deirdre E. P. "Gender, crime and discretion in the English criminal justice system, 1780s to 1830s." Thesis, University of Leicester, 2001. http://hdl.handle.net/2381/30725.
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Historians of English crime and criminal justice agree that females are more leniently treated by the criminal justice system. Fewer females are prosecuted for unlawful activities, and, when they are, they are more readily acquitted, or receive lighter sentences than males. However, reasons for this remain elusive. References to the paternalism of those involved in the system, together with notions about masculinity and femininity in a patriarchally ordered society, have been offered in the absence of other more focused and systematic evidence.;This thesis follows a systematic enquiry about three crimes which attributed the death sentence - shoplifting, pickpocketing, and uttering forged Bank of England notes. The period of the study covers the 1780s to the 1830s, and is centred on London and Middlesex. It considers involvement in each crime by gender. The approach seeks to avoid the over-generalisation resulting from synthesis of statistics for a wide variety of offences, and to allow a clearer view of how men and women operated in committing offences. This systematic approach follows the offenders involved in the three crimes through the criminal justice system, so far as it is possible to do so, since the public trial and sentencing at the Old Bailey were not the end of the decision-making story. Previous studies have largely neglected to follow-through to the stage of commutation of sentences and pardons where influences on the decision-makers differed from those on decision-makers at earlier stages of the system.;In particular, this thesis focuses on the gendered context of the specific behaviour of male and female offenders in the selected offences, on the effects of a patriarchal system of justice, and on the needs of the State to make political decisions about the disposal of offenders.
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Ghulam, Shakil Ahmed Ghulam Gadir. "Distributive justice vs. procedural justice: Perceptions of fairness of Saudi Arabian civil service employees in their performance appraisal system." Diss., The University of Arizona, 1993. http://hdl.handle.net/10150/186110.
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This study uses the concepts of distributive justice and procedural justice to examine Saudi Arabian civil service employees' determinants of fairness in their performance appraisal system. A survey of 400 civil service employees in different public sector agencies in two major cities of Saudi Arabia, Riyadh and Jeddah, was conducted. Seven hypotheses were proposed and tested. The composite dependent variable was the "Perceived satisfaction and fairness of the performance appraisal system." Data were collected by means of a questionnaire. Multiple regressions and T-tests analyses were used to analyze the gathered data. The study found that perceptions of fairness among Saudi civil service employees an their performance appraisal system were strongly related to four procedural justice factors: (1) feedback received from the performance evaluation process helped to identify strengths and weaknesses of employees' performance, (2) the extent to which performance appraisal was used for setting goals for future performance, (3) participation in goal setting, and (4) whether the performance appraisal was used for determining training needs. These findings provide strong support for procedural justice theories. Moreover, this study found that cultural values may not be a significant factor in explaining Saudi civil service employees' reaction to their performance appraisal system. Finally, findings of this study have important implications for multinational companies and their consultants.
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Curran, Georgia R. "The Right to Remain Silenced: Non-Native English-Speaking Students and the American Justice System." Ohio University Honors Tutorial College / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=ouhonors1587743860600109.
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Maclons, Whitney. "Mandatory court based mediation as an alternative dispute resolution process in the South African civil justice system." University of the Western Cape, 2014. http://hdl.handle.net/11394/4407.
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Magister Legum - LLMCivil litigation is the primary method of dispute resolution in the South African civil justice system. This process is characterised by a number of shortcomings which include the adversarial nature of the process which often creates further conflict between disputing parties and often results in permanently destroyed relationships between them. Further shortcomings include the highly complex, costly and time-consuming nature of civil litigation. These shortcomings infringe on the constitutional imperative of access to justice for South Africans, particularly for the indigent members of society. In addition, court rolls have become overburdened due to the rapidly increasing volume of litigation at court. This often results in extensive waiting periods before matters are heard at court and further infringes the attainment of access to justice. While progress has been made in enhancing the civil justice system over the years, the aforementioned shortcomings prevail. In recent years the South African government has introduced the concept of mandatory court based mediation to the civil justice system with the view of promoting access to justice and enhancing the civil justice system. In a nutshell, mandatory court based mediation refers a civil dispute to mediation once an appearance to defend is entered at court, in order to attempt the settlement of the matter. In the event of the dispute not being resolved, the matter is then referred back to the conventional litigation process for resolution. Mandatory court based mediation, while controversial and bearing valid criticism; aims to promote access to justice and reconciliation between aggrieved parties and remedies a number of the shortcomings currently plaguing the South African civil justice system. In answering the research question of whether this ADR process is suitable to implement in South Africa in order to remedy the shortcomings of its civil justice system, the following aspects are considered in this thesis: the benefits, advantages, and the constitutionality of mandatory court based mediation, as well as the criticisms and challenges of the process. South Africa may have an adversarial civil justice system, but is no stranger to the practice of mediation. Within South African civil law a number of fields have mentioned mediation as the preferred method of dispute resolution over years. These areas of law will be highlighted in this thesis. Internationally, the jurisdiction of the Australian states of New South Wales and Victoria will also be highlighted. This analysis is done in order to assess the implementation and function of a mediation system, as a preferred method of dispute resolution, across all areas of civil law within an adversarial civil justice system. The current civil justice system in South Africa needs to be remedied due to its negative impact on civil disputants and the nation of South Africa in a broader sense. This thesis does not suggest that mandatory court based mediation is a panacea for all ills plaguing the country’s civil justice system. However, this ADR process may suit South Africa and its implementation may make a considerable remedial contribution and possibly significantly enhance its civil justice system.
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Munyati, Tendai Faith. "The Role of Mandatory Mediation in the Transformation of the South African Civil Justice System." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/78835.
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This study highlights the complexities associated with South Africa’s adversarial civil
justice system, and analyses how mediation as an alternative dispute resolution
procedure can play a role in remedying issues relating to high costs, delays and
overburdened court rolls. The research outlines the historical development of
mediation in South Africa and investigates whether the mandatory mediation models
found in South African family law and labour law have effectively transformed South
Africa’s civil justice system.
The study assesses the mediation rules contained in the Magistrates’ Court Rules and
Uniform Rules of Court, and determines the potential the rules have in reforming the
South African civil justice system. This research also investigates the benefits and
shortcomings of the mandatory mediation models that have been adopted in Canada
and Australia. A comparative analysis with South Africa’s civil justice system is
conducted, and recommendations are made for instances that are applicable to the
South African context. The research critically discusses the constitutionality of
mandatory mediation, and the advantages and disadvantages associated with the
procedure.
This mini dissertation argues that non-adversarial procedures such as, mandatory
mediation are effective in remedying some of the challenges faced by South Africa’s
civil justice system. However, the research also determines that mandatory mediation
is not appropriate for all civil disputes, andthe benefits attached to an adversarial
justice system should not be lost in the pursuit of applying non-adversarial procedures.Mini dissertation (LLM)--University of Pretoria, 2020.
Mercantile Law
LLM
Restricted
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Berlinghoff, Maddison Brooke Kapua'Ena. "Has Neoliberalism Affected American Civil Liberties? Examining the Criminal Justice System and the Welfare State." Thesis, Virginia Tech, 2021. http://hdl.handle.net/10919/103623.
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Neoliberalism once started as an economic theory but overtime has developed into an arm of state social control. This thesis asks if neoliberal economic policies have affected civil liberties in the United States and sets out to understand this relationship in several ways. Firstly, by investigating the shift from Keynesianism to market fundamentalism. Secondly, by evaluating the growth in the prison industrial complex. Third, by asking questions of growing social insecurity from an increasingly privatized social safety net. This thesis explored four hypotheses, each one finding support. The overall argument is that the economic sphere and the free market has obstructed the social sphere. Finally, the thesis concludes with a brief discussion of toxic individualism as it relates to socialization after a long period of extreme market privatization.Master of Arts
Ever since the 1980s, the United States has experienced an increase in incarceration rates, and simultaneously a more substantial shift in economic practices, from Keynesianism to what became colloquially known as "trickle down economics." This thesis argues that the economic change, defined in this work as neoliberalism, subsequently affected how welfare and social services manage social insecurity in the United States, including the criminal justice system. This paper will discuss the tenets of neoliberalism and how these core tenets, i.e. privatization, affected the welfare state and the prison industrial complex.
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Black, Stephen Phillip. "Invisible presences : the routine processing of the lay prosecution witness in the English and Welsh criminal justice system." Thesis, University of Northampton, 1996. http://nectar.northampton.ac.uk/2713/.
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Russo, Valentina. "The dilemma of translating and interpreting in the criminal justice system: civil law vs. common law." Bachelor's thesis, Alma Mater Studiorum - Università di Bologna, 2017. http://amslaurea.unibo.it/13778/.
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The scope of this thesis is to offer solutions to some of the translation and interpreting issues arising in the legal field. In particular, the focus of the analysis will be the differences between a common law country, England, and a civil law country, Italy. Through some excerpts taken both by an Italian movie and a UK TV series, the issues are analysed and in the end, two glossaries(Italian-English and English-Italian) built on this analysis are offered.
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Tidball, Marie. "The governance of adult defendants with autism through English criminal justice policy and criminal court practice." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:7004f680-cd56-4a62-a097-458878d19f7a.
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Foucault's 'governmentality approach' developed the notion of 'dividing practices' (1991; see Seddon 2007) which recognises that how individuals and groups are categorised determines how they are governed. This thesis draws on critical disability studies and criminological literature on 'doing justice to difference' to develop a disability perspective in criminology, in order to analyse the governance of offenders with autism. It argues that there is descriptive and normative value in proactively categorising these groups as 'disabled' under the 'social model' of disability. The social model of disability is helpful in enabling us to distinguish between impairment and disablement. It allows us to comprehend the 'psy' literature, which explores the link between the 'symptomatology' of autism and criminality (the 'impairment branch' of the distinction) in combination with the 'interconnecting variables' (Browning and Caulfield, 2011) which lead offenders with autism into the criminal justice system and their inequitable experiences (the 'disablement branch' of the distinction). This is timely given the entrenchment of this model in the Equality Act 2010 and the inception of the Autism Act 2009, Statutory Guidance (DOH, 2010; 2015) and related policy. Using cross-method triangulation of qualitative data collected through interviews with elites and practitioners, textual analysis and court observation of eight adult defendants with autism through their court process, this thesis investigates why the status of this group as disabled under the Equality Act 2010 has been overlooked in criminal justice policy and criminal court decision-making. It examines the extent to which policy-makers and criminal justice decision-makers consider the defendant's autism in their decision-making about the defendant's case in the courts. Finally, it examines the impact of 'collateral' effects of the criminal justice process on family members who supported these defendants.
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Trautner, Mary Nell. "Screening, Sorting, and Selecting in Complex Personal Injury Cases: How Lawyers Mediate Access to the Civil Justice System." Diss., Tucson, Arizona : University of Arizona, 2006. http://etd.library.arizona.edu/etd/GetFileServlet?file=file:///data1/pdf/etd/azu%5Fetd%5F1683%5F1%5Fm.pdf&type=application/pdf.
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Newill, Valerie J. "Tactical litigation and the ideology of the law in late Tudor and early Stuart Kent, c.1580-1630." Thesis, University of Kent, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365217.
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Lee, Sun Woo. "A civil-law prosecution system, presidentialism and the politicisation of criminal justice in new democracies : South Korea and Russia in comparative perspective." Thesis, University of Glasgow, 2014. http://theses.gla.ac.uk/5653/.
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This study aims to comparatively explore how the politicisation of criminal justice would appear in several new democracies with the institutional combination of presidentialism and a civil-law prosecution system, by focusing on the strategic interaction between an incumbent president and prosecutors, in South Korea and Russia, in the new institutionalist perspective. Civil-law prosecutors could damage particular politicians’ moral foundations with specific timing and extent, manipulating criminal proceedings through their broad power within the centralised criminal procedure. This is why they must be cautiously checked by any other body of government, contrary to their common-law counterparts who exercise a limited power due to the decentralised criminal procedure. Fortunately, in most civil-law countries, prosecutors are accountable to democratic bodies, in spite of the global tendency of judicial independence. Also in practice, civil-law prosecutors have not often been involved in the politicisation of criminal justice, despite their extensive influence over criminal procedure, in the continental European countries wherein the tradition of parliamentary supremacy is strong. By contrast, in new democracies with the institutional combination between a civil-law prosecution system and presidentialism, prosecutors have often taken partisan behaviour in favour of or against an incumbent president. For instance, two South Korean Presidents, Young-sam Kim and Dae-jung Kim, and Russian President Boris Yel’tsin, had exploited civil-law prosecutors for the politicisation of criminal justice, but were faced with their defection immediately before their retirement. Unusually, only Vladimir Putin could avoid this unfortunate fate, even at the last phase of his tenure, among the South Korean and Russian Presidents after democratisation. According to this study, high-ranking prosecutors generally pursued their own career advancement, and consequently the prosecution service was loyal to an incumbent president during most of his tenure, but betray him in his last phase, during South Korean President Young-sam Kim’s and Dae-jung Kim’s periods, and in Russian President Yel’tsin’s period. Only in the Russian President Putin period in the two countries after democratisation, prosecutors unusually continued to serve the president even when he left the presidency. This could be because they had no incentive to betray the outgoing president in order to further their career development under the next presidency, given that Putin would undoubtedly maintain a strong political influence over their careers, even after his retirement, according to this research. On the other hand, South Korean President Moo-hyun Roh frequently came into conflict with prosecutors, and had his close allies investigated or even indicted by them, during his entire period, while repeatedly attempting major reform against the civil-law prosecution service, which President Young-sam Kim and Dae-jung Kim had abandoned, in order to maintain the alliance with the power apparatus. According to this study, prosecutors made their organisational resistance based on their far-reaching power over criminal procedure, against President Moo-hyun Roh, for protecting their great prerogative, and therefore he failed in the reform. By contrast, Russian President Putin was exceptionally successful in large-scale reform against civil-law prosecutors, which not only President Yel’tsin but Putin himself in his first term had also suspended, by establishing the new ‘investigative committee’ in June 2007. According to this research, this outcome was possible because the prosecutors could no longer enjoy the political opportunity structure enabling them to effectively defeat the president’s reform against their collective interests, and consequently President Putin could circumvent their organisational resistance, in the absence of political competition under his electoral authoritarian regime. This study provides three important academic implications. Firstly, under the institutional combination of presidentialism and a civil-law prosecution system, prosecutors are not likely to preserve political neutrality, but to display a partisan behaviour either in favour of or against an incumbent government. That is, the institutional factor of combination of a civil-law prosecution system and presidentialism tends to induce the prosecution service, as a judicial body, to behave differently from the expectations of both the democrats and the liberals. Secondly, the variation of political competition can seldom influence judicial officers, who are responsible to the other branches of government, to behave independently of politicians, but can influence them, especially the top rankers, to betray an incumbent government in the last phase of its tenure on specific institutional and political conditions. Thirdly, and most importantly, the variation of political competition can influence judicial officers to take collective action for protecting their collective interests. In particular, if the judicial officers could exercise far-reaching power over criminal procedure, as civil-law prosecutors, their organisational resistance against an incumbent government which pushes for reform encroaching on their collective interests, such as prerogative powers, would be threatening enough to make the incumbent abandon the reform plan.
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Killean, Rachel Louise. "Victims, professionalisation and international justice : a critical examination of the civil party system in the extraordinary chambers in the courts of Cambodia." Thesis, Queen's University Belfast, 2016. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.706996.
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While international(ised) criminal courts have often been declared as bringing ‘justice’ to victims, their procedures and outcomes historically showed little reflection of the needs and interests of victims themselves. This situation has changed significantly over the last sixty years; victims are increasingly acknowledged as having various ‘rights’, while their need for justice has been deployed as a means of justifying the establishment of international(ised) criminal courts. However, one strong critique which has emerged is that international crimes continue to be viewed as being first and foremost a breach of an abstract legal order, with the wrong committed against particular individuals being of secondary' importance Thus, while the symbolic victim has developed as a key figure in legitimating practices, the ability of international(ised) criminal courts to deliver ‘justice to victims' remains contested amongst practitioners and academics alike. This thesis seeks to contribute to this debate through an examination of the role of victims as civil parties within the Extraordinary Chambers in the Courts of Cambodia. It seeks to make three contributions: (1) utilising a multi-perspective, actor-oriented analysis, it sheds light on the way in which both the ECCC and the role of victims within it were shaped by specific political economic and legal contexts, (2) it provides an err pineal contribution to the discussion surrounding the perceived ‘gap* between the legitimising value of the abstract ‘imagined victim', and the extent to which victims are able to further their interests within international criminal courts; (3) it analyses the impact, it any, that victim participation has had on the ECCC’s ability to deliver ‘justice’ and garner legitimacy in the eyes of civil parties In order to further its theoretical analysis, it draws on a number of theories, including critical victimology, procedural justice, legitimacy and judicial behaviour
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Fernández, Andrés Javier. "Can urban agriculture become a planning strategy to address social-ecological justice?" Thesis, KTH, Hållbar utveckling, miljövetenskap och teknik, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-217000.
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Last century witnessed an unprecedented growth of cities which has led to the consolidation of an eminently urbanised world population. Meanwhile, agriculture has adopted industrial methods of production in the shape of large-scale, chemical-laden crops in the countryside, which, together with the liberalisation of global trade, have undermined the livelihood of small-scale peasants throughout the world, forcing many of them out of business. The food industry has responded to the high rates of hunger and malnutrition with an extraordinary increase in production that has not solved food security problems, as these have turned out to be more a question of unequal access to food rather than insufficient supply. Furthermore, the activity of large agri-food corporations has resulted in the degradation of natural ecosystems and an increasing pressure over already overburdened critical resources for food production. Consequently, facing the imminent threat of climate change, more and more voices are questioning the sustainability of the current food system and rising against the burgeoning hunger and escalating inequalities resulting from it. Hence, several alternatives to the neoliberal food system are emerging these days with the aim of reducing social inequalities and curbing environmental degradation, being urban agriculture one of them. Precisely, this thesis explores, from a social-ecological justice perspective, whether urban agriculture can address issues of environmental stewardship and disparities in food distribution. Although the many virtues of urban farming might not be enough to subvert the structures of power that are deeply rooted in the foundations of the present food regime, it could still play a significant role in alleviating the gaps in food needs. However, food security comes only after the core reasons of poverty have been addressed and social justice is achieved in the larger society. The pathway towards a greater social and ecological justice seems to require not only to re-examine how to feed the urban population, but also a significant transformation that goes beyond aspects from the whole food supply chain and embraces societal systemic change.
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Henriksson, Eva-Lena. "An Exploration of the American Justice System through the Trial of Tom Robinson : A New Historicist Analysis of Harper Lee's To Kill a Mockingbird." Thesis, Högskolan i Gävle, Avdelningen för humaniora, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:hig:diva-35422.
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Adding something new to the understanding of To Kill a Mockingbird (1960), which is considered a twentieth-century classic, would be nearly impossible if not for the outlook of new historicism. Through a new historicist analysis of Harper Lee’s literary text parallel to non-fictional texts relating to the American justice system and civil rights, this essay explores how race affects U.S. institutions and society. Lee’s novel is contextualized by delving into the American South of the 1930s, American society and politics in the1960s and the racial landscape in America today, connecting them through the experiences of racial bias within the justice system and the civil rights movement. The essay explores the racial and cultural norms that governed the American justice system at the set time of the story. It analyzes the time of publication and the American society in which the novel made such an impact on the racial debate. Finally, it looks at the impact of the novel and its connection to the civil rights movement of the 1960s, the Black Lives Matter movement and readers today. In the spirit of new historicism, the mechanisms of racism and how they affect the population, both the oppressors and the oppressed, is highlighted showing parallels between Lee’s fictional world and American society over time. Through the experiences of the characters, the structures of racism translate to a time and place where the Black Lives Matter movement has infused new life to the civil rights movement worldwide. Looking at retellings of the historical Scottsboro trials, which inspired the story unfolding in To Kill a Mockingbird in light of the justice system, Maycomb county and its inhabitants serves as guides into the racial norms that is ingrained in American society and politics. The results reveal a society where racial segregation is constantly reinforced by legal, economical, and social barriers, despite constitutional efforts to level the playing field for all American citizens.
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Maugain, Géraldine. "La modélisation du procès civil. : émergence d'un schéma procédural en droit interne." Thesis, Dijon, 2010. http://www.theses.fr/2010DIJOD004.
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Le XXème siècle a marqué le réveil de la procédure, instrument de défense des droits du justiciable, notamment en raison de l’influence des garanties du modèle supranational du procès équitable. Avec la fin du siècle, des enjeux plus économiques sont également apparus. L’efficacité de la justice a fait corps avec la qualité de la décision judiciaire dans un concept de bonne administration de la justice. Cette communauté de valeurs explique l’émergence d’un schéma procédural, qui préfigure la justice civile du XXIème siècle. Au niveau de la structure procédurale, la scission de la phase contentieuse aboutit à une mise en état forte et une phase de jugement complémentaire. Ces deux temps doivent maintenant être précédés d’une phase consensuelle, recherchée par tous, mais qui peine à s’imposer. Au plan décisionnel, l’office du juge doit rester de dire le droit. L’objectif est alors de donner au juge les moyens de sa fonction par une régression de ses offices secondaires, afin de redessiner ce qui constitue son office originelThe 20th century has initiated a new dawn for procedure as a tool to defend the rights of the persons subject to trial, a change motivated by a constant care to guarantee the supranational pattern of due process of law. At the end of the century, new stakes focused on more financial aspects also emerged. The efficiency of justice merged with the quality of the judicial decision to create a concept of smooth-running of justice. These common values generated an emerging procedural pattern reflecting the civil justice of the 21st century. At the level of procedural structure, a schism in the contentious stage developed into a strong readiness for trial and a complementary judgment stage. Now, both phases must be preceded by a consensual phase, which is still scarcely used though everyone seeks it. Regarding decision-making, the judge’s role must remain the same, stating the legal position. The main goal is then to give the judge what it takes to fulfil his function through the regression of his minor roles, thus defining more accurately what his original role is
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Joguet, Camille. "Les incidences du droit procédural sur le droit substantiel de la famille." Thesis, La Rochelle, 2020. http://www.theses.fr/2020LAROD004.
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En droit de la famille, un lien spécifique existe entre règles de fond et règles de procédure. La spécificité de ce lien entraîne un dépassement des rôles classiquement attribués au droit substantiel et au droit procédural. Le droit de la famille contemporain semble en effet avoir abandonné une partie de ses règles substantielles. Le droit procédural, traditionnellement présenté comme un droit servant, va devenir le témoin puis le moteur des transformations du droit de la famille, et la norme procédurale va progressivement prendre le pas sur les réformes de fond. Les incidences du droit procédural sur le droit de la famille vont alors se manifester tant sur le contenu que sur la nature de ce dernierIn the context of family law, a specific bond exists between substantive rule and procedural rule. The specificity of this bond leads to an overtaking of the function classically assigned to the substantive rule and the procedural rule. The contemporary family law seems indeed to have abandoned a part of its substantials rules. The procedural rule, traditionally presented as a serving rule, will become the witness, then the enabler of family law’s transformations, and the procedural norm will progressively take over fundamental reforms. Implications of the procedural rule on family law will then manifest itself in the form of the substance as much as the nature of this latter
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Marion-Faïn, Edwige. "Une analyse microéconomique des règles de preuve dans le contentieux civil." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020018/document.
Full textAbstract:
Les normes procédurales sont susceptibles d'affecter les stratégies mises en place par les parties à un litige. Nous étudions leur impact sur le volume des contentieux et sur le montant des dépenses engagées par les parties afin de gagner le procès. Ces deux composantes du coût social des litiges sont au coeur des défis que les pays développés doivent relever pour garantir l'effectivité des règles de droit substantiel. Nos travaux portent en particulier sur les règles de preuve, et nous mettons l'accent sur l'opposition entre les règles civilistes et celles de common law.Après avoir défini les contours et les enjeux de notre sujet dans l'introduction générale, nous développons un plan en deux parties. La première partie porte sur le comportement des parties lorsque celles-ci ont la possibilité de parvenir à un accord. Des modèles stratégiques et optimistes sont développés pour appréhender les décisions d'aller en justice et de négocier. La seconde partie est centrée sur le processus de production de preuves qui précède l'audience finale. Nous utilisons des modèles de recherche de rente pour analyser les incitations des parties à engager des dépenses.Les résultats suggèrent que les règles de preuve ont un impact considérable sur le coût social des contentieux. Nous montrons que le volume des litiges en France et aux Etats-Unis peut s'expliquer par les différentes règles de preuve s'appliquant dans ces deux pays. Notre analyse révèle également que les règles de preuves constituent un déterminant majeur du coût privé des litiges et des stratégies de défense des défendeursProcedural rules are likely to affect the strategies of the parties in a dispute. We study their impact on the volume of litigation and on the amount of legal expenses incurred by parties to win the trial. These two components of the social cost of litigation are at the heart of the challenges that must be addressed by developed countries to guarantee the effective enforcement of the substantive law. Our works relate more specifically to rules of proof, and the emphasis is given on the opposition between civilian and common law rules. After defining the scope and the stakes of the thesis in the general introduction, we develop a plan in two parts. Part I studies parties' behavior when they have the possibility to negotiate to avoid a trial. Strategic and divergent expectations models are developed to apprehend parties' decisions to sue and to settle. The second Part is oriented toward the evidence production process preceding the final hearing. We use rent-seeking models to analyze parties' incentives to engage legal expenditures.The results suggest that rules of proof have a substantial effect on the social cost of litigation. We show that the volume of litigation in the US and in France can be explained by the various rules of proof prevailing in these two countries. Moreover, our analysis reveals that the rules of proof constitute a major determinant of the private cost of litigation and of defendant's defense strategies
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Assy, Rabeea. "The right to litigate in person." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:718698cd-9177-49fb-8fbb-336d809aa0ad.
Full textAbstract:
Litigation in person is a widespread phenomenon in common law jurisdictions. A right to litigate in person is treated as a fundamental right, regardless of whether the litigant has the financial means to hire a lawyer or the capacity to conduct litigation effectively. Due to the high numbers of litigants in person and the various burdens placed on judicial resources by their lack of legal knowledge, they pose a serious challenge to the effective and efficient administration of justice. This thesis assesses the theoretical value of a right to self-representation, and challenges the position that courts should not impose legal representation on a litigant nor require him to obtain such representation as a condition for litigation. It argues that a litigant who lacks the professional knowledge and skills to present his case effectively cannot legitimately insist upon representing himself if in doing so he is likely to inflict disproportionate costs on his opponent and on the administration of justice. This thesis advances the case for mandatory representation in civil proceedings on three main fronts: a comparison with the criminal context, an assessment of the value of self-representation in terms of outcome, and an examination of its possible intrinsic justifications.
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Junior, Ricardo Pereira. "O desafio moderno e o judiciário: ordem jurídica, tempo, espaço e atuação da justiça." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/2/2139/tde-20062011-115746/.
Full textAbstract:
O Judiciário sofre crise cujas causas são normalmente atribuídas à falta de infra-estrutura e incapacidade administrativa. Na realidade, a insatisfação decorre da redefinição das funções do Direito, somada à modificação das noções de tempo e espaço do mundo moderno. O câmbio do quadro em que o mundo jurídico opera demanda a revisão dos parâmetros de atuação da Justiça, para atendimento das expectativas de um mundo globalizado, de velocidade acelerada. Iniciamos o estudo do Judiciário nos modelos do estado liberal e do estado do bem-estar social. Em seguida, colocamos as novas demandas jurídicas e sociais que desafiam o funcionamento da Justiça. Há nova configuração normativa, aberta e fluída, com menor precisão na definição de condutas e aceleração da produção de normas. O próprio tempo social experimentou mutação, alimentado pelo movimento da especialização do conhecimento, que adota a urgência como normalidade operacional. Ainda, a diminuição das fronteiras potencializa os contatos humanos, e exige nova forma de regulação, incompatível com a forma tradicional de trabalho do Judiciário. Estruturado como órgão burocrático, o Judiciário não tem condições de ofertar respostas rápidas, fechando-se em um sistema de castas que não se comunicam, e uma estruturação administrativa centralizada e hierarquizada, que tende ao imobilismo. A solução dos problemas do Judiciário passa, por um lado, pelo incremento da profissionalização da magistratura, em seu caráter político, em especial a valorização do espaço de decisão num ambiente de trabalho independente. Por outro lado, passa pela flexibilização da sua administração burocrática, através da racionalização de seus serviços. Somente assim se alcançará a operacionalidade aberta e transparente, que atenda os padrões de qualidade e urgência da sociedade moderna sem prejuízo do viés reflexivo necessário para a produção das decisões judiciais.The judicial system is currently in a state of crisis. Structural and administration problems are generally given as the causes. The dissatisfaction with its working is, in fact, caused by new configurations of Law in modern society. This change requires revision of Judiciary patterns of work in order to solve the rise of changes and to answer the expectations of a globalized world, which increasingly operates at an accelerated pace. Our work introduces the Judiciary in context of the Liberal and Welfare State. We describe the changes in the nature of Law, now less prescriptive and inspired by principles. We also focus on changes in society, firstly the adoption of urgency within the pattern of work, and, secondly, the diminishing effect of globalization on the world. This new conception of law and society demands new ways of operation, incompatible to the traditional judicial way of work. Currently, the Judiciary has no strength with which to answer those changes. It is structured as a bureaucratic organ, and it is divided in to departments which do not communicate with each other. It also has a centralized and hierarchical administration, tending to paralysis. These problems could be solved by politic valorization of the judicial profession, which would grant greater scope for the judge to decide. Furthermore, administrative flexibility would help to reduce the bureaucratic nature of the Judiciary. In this way, the Judiciary could achieve open and transparent patterns of work, capable of answering the demands for quality and urgency in our modern society.
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Taleb, Akila. "Les procédures de reconnaissance préalable de culpabilité : étude comparée des justices pénales française et anglaise." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30040.
Full textAbstract:
L’analyse des procédures de reconnaissance préalable de culpabilité en droit français et en droit anglais peut, de prime abord, sembler poser un certain nombre de difficultés. En effet les modèles inquisitoire et accusatoire de justice pénale, de par leurs spécificités, ne paraissent se prêter que difficilement à une telle étude comparée. Cependant cette affirmation n’est plus à l’heure actuelle, en raison notamment de la construction européenne, entièrement exacte. Les modèles de justice pénale dans la plupart des Etats de droit ne répondent plus à la dichotomie initialement posée et tendent progressivement à converger vers un modèle commun au sein de procédures pénales mixtes fondées essentiellement sur les principes du contradictoire et du procès équitable. C’est dans ce contexte qu’il convient de se pencher sur la notion de reconnaissance préalable de culpabilité. Celle-ci tend à s’affirmer au gré des réformes législatives, devenant ainsi un véritable outil de politique criminelle visant à davantage d’efficacité de la procédure pénale, par une plus grande célérité dans le traitement des affaires pénales. Toutefois, en France comme en Angleterre, le recours croissant aux procédures de reconnaissance préalable de culpabilité nécessite une modification structurelle et organisationnelle de la justice pénale. En conséquence et s’agissant de l’évolution globale des systèmes de justice pénale, une tendance générale se profile érigeant l’autorité des poursuites au rang de pivot central du processus judiciaire. Des garanties doivent donc être offertes afin de conserver une procédure pénale d’équilibre, à la fois efficace et légitimeThe analysis of guilty plea procedures, in French and English laws, seems, on a prima facie ground, to raise some issues. The inquisitorial and the accusatorial model of criminal justice do not, due to their respective specificities, easily leave a breathing space for any comparative study. Yet, taking into account the European expansion, this assertion does not remain, nowadays, entirely true. Models of criminal justice, in most States governed by the rule of law, do not longer meet the initial dichotomy and gradually tend to be unified towards a standard model within “mixed” criminal justice systems essentially based on the adversarial and fair trial principles. In this perspective, the notion of pre guilty plea needs to be clarified. This notion asserts itself alongside with legislative reforms, thus becoming a genuine tool of criminal policy aiming at a better efficiency in the criminal process through a more prompt handling of criminal offences. Nevertheless, both in France and in England, the increasing resort to pre-guilty plea procedures requires a structural and organisational modification of criminal justice. As a consequence and regarding the global evolution of criminal justice systems, a general tendency has emerged introducing Public Prosecution authorities as the linchpin of the process. Safeguards should be provided in order to maintain a well-balanced criminal justice process, both efficient and legitimate
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Couturier, Nicolas. "La protection des intérêts respectifs du créancier et du débiteur dans la saisie en compte bancaire. Etude en droit français, allemand, anglais et européen." Thesis, Lyon, 2020. http://www.theses.fr/2020LYSE3040.
Full textAbstract:
L’exécution forcée est une pierre essentielle à l’effectivité d’un système juridique. Ce constat, conjugué à l’omniprésence du compte bancaire dans les différents patrimoines a motivé cette étude sur l’état de la saisie en compte bancaire dans trois principaux modèles juridiques européens : la France, l’Allemagne et l’Angleterre. Un amalgame de convergences et de spécificités nationales en est ressorti, articulé autour d’une balance abstraite pesant les intérêts respectifs du créancier et du débiteur. A la confrontation entre droit à l’exécution du créancier et droit de l’exécution, qui garantit le respect des droits fondamentaux du débiteur, s’est ajoutée la prise en compte de différents intérêts susceptible d’être également présents : intérêt général, créanciers saisissants concurrents, collectivité de créanciers lors d’une procédure collective, etc. De plus, la protection spécifique de l’intérêt du débiteur-personne physique démontre la recherche des droits nationaux à protéger l’individu et sa dignité. Ce partage d’une philosophie de l’exécution interroge avec le phénomène d’européanisation des relations entre créancier et débiteur du au marché intérieur de l’Union européenne. Face au maintien de la fragmentation d’un espace juridique, coordonné par la politique de l’espace de liberté, de sécurité et de justice, l’Union a déjà posé la première pierre grâce à la procédure d’ordonnance européenne de saisie conservatoire. Grâce aux analyses des droits nationaux étudiés et à celle du droit européen, l’élaboration en deux temps d’une saisie d’exécution européenne en compte bancaire fut permise afin de bâtir une procédure européenne d’exécution forcéeEnforcement is essential for the effectiveness of a legal system. This observation, combined with the omnipresence of the bank account in the different patrimonies, motivated this study on the bank account attachment in three main European legal models: France, Germany and England. An amalgam of convergences and national specificities emerged, based on an abstract balance weighing the respective interests of the creditor and the debtor. In addition to the conflict between the creditor's right to performance and the civil enforcement proceedings, which guarantees respect for the debtor's fundamental rights, various interests that may also be present were also taken into account : public interest, competing between creditors, collective creditors in collective proceedings, etc. The balance between the creditor's right to performance and the right to enforcement was also taken into account. Moreover, the specific protection of the debtor's interest as a natural person demonstrates the search for national rights to protect the individual and his dignity. This sharing of a philosophy of enforcement raises questions with the phenomenon of the europeanisation of relations between creditor and debtor due to the internal market of the European Union. Faced with the continuing fragmentation of a legal area coordinated by the area of freedom, security and justice, the Union has already laid the first stone with the European attachment order procedure. Thanks to the analysis of the national laws studied and the analysis of European law, the development in two stages of a European attachment order for bank accounts was made possible in order to build a European enforcement procedure
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Robson, Eleanor Dezateux. "Improvement and environmental conflict in the northern fens, 1560-1665." Thesis, University of Cambridge, 2019. https://www.repository.cam.ac.uk/handle/1810/290033.
Full textAbstract:
This thesis examines 'improvement' of wetland commons in early modern England as a contested process of rapid environmental change. As a flagship project of agrarian improvement, drainage sought to alchemise pastoral fen commons into arable enclosed terra firma and promised manifold benefits for crown, commoners, and commonwealth alike. In practice, however, improvement schemes generated friction between the political and fiscal agendas of governors and projectors and local communities' customary ways of knowing and using wetland commons, provoking the most sustained and violent agrarian unrest of the seventeenth century. This thesis situates the first state-led drainage project in England, in the northern fens of Hatfield Level, in the context of the local politics of custom, national legal and political developments, and international movements of capital, expertise, and refugees; all of which intersected to reshape perceptions and management of English wetlands. Drawing on the analytic perspectives of environmental history, this thesis explores divergent ideas and practices generating conflict over the making of private property, reorganisation of flow, and reconfiguration of lived environments. This thesis argues that different 'environing' practices - both mental and material - distinguished what was seen as an ordered or disordered landscape, determined when and how water was understood as a resource or risk, and demarcated different scales and forms of intervention. Rival visions of the fenscape, ways of knowing land and water, and concepts of value and justice were productive of, and produced by, different practices of management, ownership, and use. Drainage disputes therefore crossed different spheres of discourse and action, spanning parliament, courtroom, and commons to bring improvement into dialogue with fen custom and generate a contentious environmental politics. In seven substantive chapters, this thesis investigates how improvement was imagined, legitimised, and enacted; how fen communities experienced and navigated rapid environmental transformation; and how political, social, and spatial boundaries were reforged in the process. By grounding improvement in the early modern fenscape, this thesis reintegrates agency into accounts of inexorable socio-economic change, illuminates ideas at work in social contexts, and deepens understandings of environmental conflict.
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Berrios-Ayala, Mark. "Brave New World Reloaded: Advocating for Basic Constitutional Search Protections to Apply to Cell Phones from Eavesdropping and Tracking by Government and Corporate Entities." Honors in the Major Thesis, University of Central Florida, 2013. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1547.
Full textAbstract:
Imagine a world where someone’s personal information is constantly compromised, where federal government entities AKA Big Brother always knows what anyone is Googling, who an individual is texting, and their emoticons on Twitter. Government entities have been doing this for years; they never cared if they were breaking the law or their moral compass of
human dignity. Every day the Federal government blatantly siphons data with programs from the original ECHELON to the new series like PRISM and Xkeyscore so they can keep their tabs on issues that are none of their business; namely, the personal lives of millions. Our allies are taking note; some are learning our bad habits, from Government Communications Headquarters’ (GCHQ) mass shadowing sharing plan to America’s Russian inspiration, SORM. Some countries are following the United States’ poster child pose of a Brave New World like order of global events. Others like Germany are showing their resolve in their disdain for the rise of tyranny. Soon, these new found surveillance troubles will test the resolve of the American Constitution and its nation’s strong love and tradition of liberty. Courts are currently at work to resolve how current concepts of liberty and privacy apply to the current conditions facing the privacy of society. It remains to be determined how liberty will be affected as well; liberty for the United States of America, for the European Union, the Russian Federation and for the people of the World in regards to the extent of privacy in today’s blurred privacy expectations.B.S.
Bachelors
Health and Public Affairs
Legal Studies
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Jaume, Bennasar Andrés. "Las nuevas tecnologías en la administración de justicia. La validez y eficacia del documento electrónico en sede procesal." Doctoral thesis, Universitat de les Illes Balears, 2009. http://hdl.handle.net/10803/9415.
Full textAbstract:
La tesis se encarga de analizar, por un lado, la integración y el desarrollo de las nuevas tecnologías en la Administración de Justicia; y, por otro, los parámetros que constituyen la validez y eficacia del documento electrónico. La primera cuestión se centra en la configuración de los Sistemas de Información de la Oficina Judicial y del Ministerio Fiscal, así como de la informatización de los Registros Civiles, donde el art. 230 LOPJ es la pieza clave. Se estudian sus programas, aplicaciones, la videoconferencia, los ficheros judiciales y las redes de telecomunicaciones que poseen la cobertura de la firma electrónica reconocida, donde cobran gran relevancia los convenios de colaboración tecnológica. La digitalización de las vistas quizá sea una de las cuestiones con más trascendencia, teniendo en cuenta que el juicio es el acto que culmina el proceso. Aunque no todos los proyectos adoptados en el ámbito de la e.justicia se han desarrollado de forma integral, ni han llegado a la totalidad de los órganos judiciales. El objetivo final es lograr una Justicia más ágil y de calidad, a lo cual aspira el Plan Estratégico de Modernización de la Justicia 2009-2012 aprobado recientemente.
En referencia a la segunda perspectiva, no cabe duda que el Ordenamiento jurídico y los tribunales, en el ámbito de la justicia material, otorgan plena validez y eficacia al documento electrónico. Nuestra línea de investigación se justifica porque cada vez son más los procesos que incorporan soportes electrónicos de todo tipo, ya sea al plantearse la acción o posteriormente como medio de prueba (art. 299.2 LEC). Entre otros temas examinamos el documento informático, la problemática que rodea al fax, los sistemas de videograbación y el contrato electrónico.
La tesi s'encarrega d'analitzar, per una part, la integració i el desenvolupament de les noves tecnologies dins l´Administració de Justícia; i, per l'altra, els paràmetres que constitueixen la validesa i l'eficàcia del document electrònic.
La primera qüestió es centra en la configuració dels Sistemes d´Informació de l´Oficina Judicial i del Ministeri Fiscal, així com de la informatització dels Registres Civils, on l'art. 230 LOPJ es la peça clau. S'estudien els seus programes, aplicacions, la videoconferència, el fitxers judicials i les xarxes de telecomunicacions que tenen la cobertura de la firma electrònica reconeguda, on cobren gran rellevància els convenis de col·laboració tecnològica. La digitalització de les vistes tal vegada sigui una de les qüestions amb més transcendència, tenint amb compte que el judici es l'acte que culmina el procés. Però no tots el projectes adoptats en l'àmbit de la e.justicia s'han desenvolupat d'una manera integral ni han arribat a la totalitat dels òrgans judicials. L'objectiu final es assolir una Justícia més àgil i de qualitat, al que aspira el Pla Estratègic de Modernització de la Justícia 2009-2012 aprovat recentment.
En referència a la segona perspectiva, no hi ha dubte que l´Ordenament jurídic i els tribunals, en l'àmbit de la justícia material, donen plena validesa i eficàcia al document electrònic. La nostra línia d'investigació es justifica perquè cada vegada son més el processos que incorporen suports electrònics de tot tipus, ja sigui quant es planteja l'acció o posteriorment como a medi de prova (art. 299.2 LEC). Entre altres temes examinem el document informàtic, la problemàtica que envolta al fax, els sistemes de videogravació i el contracte electrònic.
The thesis seeks to analyse, on the one hand, the integration and development of the new technologies in the Administration of Justice; and, on the other, the parameters which constitute the validity and efficiency of the electronic document.
The first question centres on the configuration of the Information Systems of the Judicial Office and the Public Prosecutor, as well as the computerisation of the Civil Registers, where the art. 230 LOPJ it's the part key. Their programmes, applications, the Video Conferencing, the judicial registers and the telecommunication networks which are covered by the recognised electronic signatures, are studied, where the agreements on technological collaboration gain great relevance. The digitalisation of evidence might perhaps be one of the questions with most consequence, bearing in mind that the judgment is the act by which the process is culminated. Although not all the projects adopted within the compass of e.justice have developed completely nor have reached all the judicial organs. The final objective is to achieve an agile, quality Justice, to which the recently approved Strategic Plan for the Modernisation of Justice aspires.
With reference to the second perspective, there is no doubt that the juridical Ordinance and the tribunals within the compass of material justice grant full validity and efficacy to the electronic document. Our line of investigation is justified because there are more and more processes which are sustained by electronic supports of all kinds, whether it be at the establishment of the action or later, as a proof of it (art. 299.2 LEC). Amongst other things, we examine the computerised document, the problems which surround the fax, the systems for video recording and the electronic contract.
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Palmer, Jordan. "Justice for All: Ontario's Civil Access to Justice System." Thesis, 2011. http://hdl.handle.net/1807/31379.
Full textAbstract:
This paper argues for increased access to civil justice in Ontario for citizens who cannot privately afford it (“needy citizens,” defined as those unable to engage in meaningful civil legal action due to financial inability). Access to justice is defined as access to trained legal representation as well as access to knowledge about Ontario civil law. The paper first articulates the theoretical underpinnings necessitating access to justice for all citizens. The paper then explores 5 common areas of Ontarian civil law (tort, residential, family, small business, and standard contract law) regarding access to civil justice within these regimes, and discusses 3 potential ways to remedy Ontario’s civil access to justice gap. These reforms are increasing government funding, an increase in activity by the legal profession of Ontario, and finally limited deregulation of Ontario’s law licensing process. The first two reforms are rejected, while the third is recommended.
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Kent, Gerald N. "Ideas for civil justice reform from the classical Nepalese legal system." Thesis, 2005. http://hdl.handle.net/2429/16608.
Full textAbstract:
An expanded role for custom and the use of a jury may help to alleviate the problem of
the lack of trust in and reach of the official Nepalese legal system.
The lack of reach and trust has a number of aspects. Delay, cost, corruption, and the
foreign nature of Nepal's British-style adversary system have caused many Nepalis not to
seek justice in the courts. The present civil war has also limited access to justice. Once
the conflict is resolved, the country will be facing a major challenge: how to ensure
access to justice is readily available to all of its citizens.
Ideas for achieving that goal can be found in the roots of Nepal's justice system. Prior to
1854, Nepal had what was perhaps the last classical Hindu legal system in the world.
Under the Hindu sacred literature, the established customs of tribes, groups, and families
were given priority even over the sacred texts. The important role given to custom
helped deal with the immense diversity of Nepal's population, a diversity which still
characterizes the country today. Group decision-making was also a strong feature of
Nepal's classical justice system. This was reflected in the important role of the
panchayat, which might act as a private arbitration board outside the court system or as a
jury within it. The panchayat also investigated, mediated, and decided disputes at the
local level. According to one report, they were involved, to the general satisfaction of all
concerned, in dealing with about half the judicial business of the kingdom. However,
Nepal's first legal code, promulgated in 1854, did not provide that disputes could be
decided by a panchayat. Custom was not to be applied unless it had been enshrined in the
legal code.
An expanded role for custom could help to meet the legitimate aspirations of
marginalized ethnic groups in Nepal. Such a role would need to be carefully defined so
that recognised customs would not conflict with generally accepted human rights
principles. The use of a jury would incorporate the deeply ingrained tradition of group
decision-making in the country. It could also be used as a means of social engineering:
caste distinctions and discrimination against women might be lessened if men and women
from all levels of society participated together in the important task of resolving disputes.Law, Peter A. Allard School of
Graduate
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Lu, ming-tai, and 呂明泰. "The Research on the Pension System of Civil Service fromThe Point of Justice." Thesis, 2002. http://ndltd.ncl.edu.tw/handle/32104112953911677296.
Full textAbstract:
碩士國立政治大學
行政管理碩士學程
90
Pension is not meant to create more wealth for a family, nor remedies to the survivals in poverty for an affordable life. The genuine intent of pension serves two purposes. One is for the government to express to the survivals its appreciation and condolences of a civil service died in the course of performing duties and the other is to help the survival to pull through a certain period of hardship. The ultimate objective of pension is to seek building up a free and secure society. Pension measures based on the idea of establishing a free and secure society shall be the ideas for the efforts of reconstruction of a society of justice to stick to. Therefore, whether an appropriate legal framework can be carefully mapped out for a pension system has been one of the key topics highly regarded by those fundamentals who promote a social security with justice. However, to cope with the “Paradigm Shift” of social security theories, justice-based popular value to realize an idealistic living style wherein every one enjoys justified living means and social status has become one of the basic objectives held fast in any democratic nation practicing constitutionalism. Accordingly, we have to invest more concerns and efforts to focus on the issue that “if the existing pension system of civil service of our country is sufficient to be developed into a system of good faith that meets the value of justice” while we are refreshing out review of various mechanisms set forth in the existing pension system of civil service in the point of justice. This paper, with the attempt to help in the development of the pension system of civil service, is constructed by having “the general context of the pension system of civil service of the Republic of China” as a weft, and by having the “the concept of substantial fair and justice” as the waft as the framework to proceed cross arguments in the hope of going beyond the one dimension of linear logic of thinking to challenge the option of “Reconstruction of Pension System of Civil Service of the Republic of China” according to the interaction modes between being conservative and revolutionary. In this paper, the compatibility between “pension measures” and “social security” is first touched for the inference of the conclusion that “the pension must be incorporated with the thoughts of social security for the construction of a free and secure society that “shares common wealth without poverty, common peace without misfortune and common security without instability” by following the substantial context realized from the point of justice (Sec. 1, Chap. II); followed by angling at the aspects of ethics and administration legal principles, four major areas of context, respectively, “justice procedure”, “fair principle”, “impartial practice” and “maintenance of public interest” that should be taken serious in the scientific theory of “the concept of justice” are inferred (Sec. 2, Chap. II); then intervened with “the general context of the pension system of the Republic of China” as the weft and “the concept of substantial justice and fair” as the waft for the framework of the research (Sec.3, Chap. III), those pension systems currently and respectively adopted in advanced nations (UK, USA and Japan) and in our country are examined (Chap. III and Chap. IV); later based on the “context of justice” as inferred, an in-depth review is made to analyze the compliance of the existing pension system of our country with such context of justice (Chapter V); and finally, by following the teachings revealed in the “Paradigm Shift” to take a leap from the conventional logic of linear thinking for presenting the findings of the research, and further to make feasible proposals for the reconstruction of the pension system of civil service based on those four major contexts of justice as disclosed above (Chap. VI).
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Chou, Juei-Jen, and 周瑞貞. "Research on the Equity and Justice of Compensation System for the Civil Servants in Taiwan , R.O.C." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/12130172260678403663.
Full textAbstract:
碩士國立政治大學
行政管理碩士學程
91
This research reviews the compensation system of our governmental institutes basing on equity and justice angle, it also analyzes system design, advantage and discrepancy under execution, and points out the predicament encountered, further; it has provided concrete proposal for reference. There are plenty theories about establishment for compensation system; this research has selected Salary Management Theory、Wages Theory、Satisfaction Theory、Equity Theory and Expectancy Theory 、 Motivators—Hygiene Two-Factor Theory、Multi-construction Compensation Satisfaction etc as introductions; it tries to find the theory basis of compensation system of our government. Furthermore, for referring to foreign experience, it proceeds in understanding and comparing with several advanced countries like USA、United Kingdom、France、Germany and Japan regarding their official compensation system simultaneously, as well as combining official wage system of People’s Republic of China who is closer and closer to us in order to proceed analysis and comparison. Originally, equity and justice are spiritual abstract concept, there are other similar words such as rightness、fairness、moderation、balance、sense、reasonableness、compromise and so on. This research will check the compensation system with it design for reaching eight targets which are equity and justice : Equality、Compensability、Difference、Openness、Efficiency、Procedure、Participation and Elasticity, to design qualitative interviewing non-construction questionnaire, to look for and deeply visit chief, specialist and scholar of governmental institute who already have planning and executing experience on compensation system in order to understand real situation about design and execution of compensation system of our government. After referring to related national and foreign information, as well as the result from proceeding in-depth interviewing in accordance with the target designed by this research, it has found out some predicaments encountered during planning and execution from compensation system of our government: absolute balance cannot be reached、compensation meaning has not been accomplished、differential design for base pay and professional allowance have not been finished、officials did not participate in expressing their opinions、high cost on efficiency bonus、the effect is limited、short of equity establishment and adjustment procedure、cannot consider both systemization and elasticity、civil salary investigation and compensation pay should be matched for individual contribution etc. Besides, it has provided suggestions focusing on the problems found, anticipate that compensation system in our country can be more equity and justness.
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Abader, Moegamat Ishaam. "An investigation into the application of judicial case management in the South African civil court system to enhance quality and access to justice." Thesis, 2012. http://hdl.handle.net/10210/6253.
Full textAbstract:
M.B.A.An investigation into the application of judicial case management in the South African civil court system to enhance quality and access to justice. Background The South African judicial system, and in particular, the lower Courts have been plagued by inefficiency and inadequate use of its resources. This, in turn, has lead to inordinate delays in the prosecution of both civil and criminal matters. This research will however focus on the civil prosecution of cases. Ultimately, the quality of service being provided to both internal and external customers is lacking and is evidenced by the slow pace of cases through the system. The civil justice system in South Africa is in need of an overhaul as the quality of the service provided by the courts has been questioned extensively. The focus of this research is to look at judicial case management as well as some of the current factors that may be responsible for the delays in the civil justice system and to propose judicial case management as a possible solution to enhance quality in the South African judicial system. Related to the concept of quality are productivity and efficiency and, by implication, these areas may also be improved. Accordingly, this study will assess the current situation in the South African civil justice system and investigate if judicial case management will assist in achieving quality and productivity. IV Objectives The overall objective of this study is to formulate recommendations to enhance quality and access the civil justice system. To reach the above aim, the following objectives are relavant: 1.3.1 Conduct interviews with members of the public and legal professionals involved in the civil justice system in South Africa to assess their perceptions of the system. 1.3.2 During the interviews, elicit recommendations on how the system may be improved with particular emphasis on judicial case management. 1.3.3 Conduct a literature review of relevant and available literature that investigates developments in the British, Canadian, Australian and part of the American legal system, respectively. 1.3.4 Describe and analyse the data collected. 1.3.5 Compare the data collected in the South African context with developments in international judicial systems. 1.3.6 Make recommendations with a view to improving quality in the South African civil justice system. Design and data collection A qualitative research paradigm will be used for this study. Primary data was collected using the semi-structured interview method and the in-depth interview methods, respectively, in order to determine the views among some legal professionals in the province of Gauteng as well as certain members of the public. Documentary secondary data was also used in this research project in addition to the primary data collection methods. Conclusions In summary, the conclusions can be drawn that: there are problems in the South African civil justice system that lead to increased costs, unnecessary delay and complexity of the system; the causes of the problems are related to a wide variety of issues that range from, inter alia, human resources, training, operational issues, jurisdiction of courts, the structure and functioning of the courts, pleadings and the rules of court; there is a need and a willingness for judicial case management, despite some opposition, but that nature and form thereof will have to be the subject of discussion. Recommendations Recommendations to improve the system range from improving statistical analyses; increasing the public participation process in law making; improving the sheriffs services and service of process; improving the management and administration of the courts; introducing alternative dispute resolution and possibly mandatory dispute resolution; addressing procedural issues and finally, introducing some form of judicial case management.
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Basdeo, Vinesh. "A constitutional perspective of police powers of search and seizure in the criminal justice system." Diss., 2009. http://hdl.handle.net/10500/3449.
Full textAbstract:
Before 1994 criminal procedure was subject to the sovereignty of Parliament and the
untrammelled law enforcement powers of the executive which resulted in the
authoritarian and oppressive criminal justice system of the apartheid era. The
Constitution, Act 108 of 1996 has since created a democratic state based on the
values of the supremacy of the Constitution and the rule of law. The basic principles
of criminal procedure are now constitutionalised in the Bill of Rights. The Bill of
Rights protects the fundamental rights of individuals when they come into contact
with organs of the state which includes the police. The Criminal Procedure Act 51 of
1977 authorises the police to search for and to seize articles, and has long provided
the only legal basis for obtaining warrants to search for and to seize articles and for
performing such actions without a warrant in certain circumstances. Generally the
standard for these measures and actions taken under their purview has been one of
reasonableness. Since the birth of the Constitution there has been additional
constraints on search and seizure powers. Not only are there now constitutionalised
standards by which such legal powers are to be measured, but there is also the
possibility of excluding evidence obtained in course of a violation of a constitutional
right. The provisions of the Criminal Procedure Act are now qualified by the
Constitution. Where feasible a system of prior judicial authorisation in the form of a
valid search warrant obtained on sworn information establishing reasonable grounds
is a precondition for a valid search or seizure. Search and seizure without a warrant
is permitted only in exceptional circumstances such as an immediate threat to
person or property. By prohibiting unreasonable searches and seizures the
Constitution places important limits on police efforts to detect and investigate crime.
The Constitution appreciates the need for legitimate law enforcement activity.Criminal and Procedural Law
LL.M.
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Ben, Gouider Trabelsi Hajer. "Rethinking community in Dionne Brand’s What we all long for, Ahdaf Soueif’s The map of love, Michael Ondaatje’s Anil’s ghost and Joseph Boyden’s Three day road and through black spruce." Thèse, 2010. http://hdl.handle.net/1866/7074.
Full textAbstract:
Dans cette thèse, j’ai étudié les alternatives aux communautés normatives proposées dans les romans suivants: What We All Long For de Dionne Brand, The Map of Love d’Ahdaf Soueif, Anil’s Ghost de Michael Ondaatje aini que Three Day Road et Through Black Spruce de Joseph Boyden. En utilisant un nombre de termes clés (les aspirations, la traduction (culturelle) subversive, la guérison, l’autodétermination), j’ai examiné la critiques des communautés normatives aussi bien que la configuration des communautés alternatives développées dans les œuvres cités ci-haut.
L’étude de trois romans diasporiques et deux romans amérindiens m’a permis d’établir un « dialogue » entre deux visions du monde ainsi qu’entre deux approches aux crises des communautés normatives. En effet, la conception d’une communauté alternative présentée dans le roman de Boyden souligne le rôle important que joue la famille dans la conception d’une société postcolonial alternative. Les romans diasporiques, en revanche, évitent de fonder leurs conceptions de la communauté alternative sur la famille traditionnelle comme unité d’organisation sociale. Les communautés alternatives proposées dans les romans diasporiques sont basées sur des alliances au-delà des différences nationales, culturelles, religieuses et ethniques.
Le premier chapitre a traité la communauté affective proposée comme alternative à la communauté multiculturelle canadienne. Le deuxième chapitre a traité la communauté alternative et la mezzaterra, l’espace du quel cette communauté ressort, dans The Map of Love de Soueif. Dans le troisième chapitre, j’ai exploré la relation entre la guérison, le toucher et l'émergence d'une communauté alternative dans Anil's Ghost d’Ondaatje. Dans le dernier chapitre, j’ai analysé la façon dont l'affirmation de l'autonomie juridique et la narration pourrait contribuer à la découverte de la vision qui guide la communauté Cri dépeint, dans les romans de Boyden, dans sa tentative de construire une communauté alternative postcoloniale.
Mots clés: Communautés alternatives, traduction (culturelle) subversive, affect, communautés normatives en crise, multiculturalisme et guérisonThis dissertation studies alternatives to communities in crisis proposed in Dionne Brand’s What We All Long For, Ahdaf Soueif’s The Map of Love, Michael Ondaatje’s Anil’s Ghost and Joseph Boyden’s Three Day Road and Through Black Spruce. Using a number of keywords (longing, subversive (cultural) translation, healing, touch and self-determination), I examine each novel’s contestation of a normative, oppressive configuration of community as well as the alternative community it proposes. Juxtaposing three diasporic novels and two Indigenous (Canadian) texts, I establish a dialogue between different worldviews and the ways they read and respond to communal crises. Unlike the alternative conceptions of community presented in the diasporic novels under consideration, the alternative conception proposed in Boyden’s novels stresses the importance of strong families to the building of an alternative postcolonial society. The diasporic texts, however, do not align their alternative communities with the traditional family as a unit of social organization and trope. These alternative communities evolve around affiliation rather than filiation. They build solidarities with the other beyond national, cultural, religious and ethnic lines of division. The first chapter studies an alternative to Canadian multiculturalism in Brand’s What We All Long For. The second chapter examines the alternative community and the mezzaterra from which it emerges in Soueif’s The Map of Love. The third chapter explores the tightly-knit relation between healing, touch and the emergence of an alternative community in Ondaatje’s Anil’s Ghost. The last chapter studies the contribution of legal autonomy and storytelling to discovering the vision that guides the Cree community portrayed in Boyden’s novels in its attempt to build an alternative postcolonial community. Keywords: Alternative communities, subversive (cultural) translation, affect, normative communities in crisis, multiculturalism and healing
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Makiwane, Peterson Nkosimntu. "Rights and constitutionalism - a bias towards offenders?" Thesis, 2008. http://hdl.handle.net/10500/2696.
Full textAbstract:
The South African Constitution, with its Bill of Rights, represents a decisive break with the past and a great advance by South Africans in reclaiming their human dignity and fundamental freedoms. Before 1993 punishment of crime was defined by the social order which had been designed under the apartheid government; prisoners were generally subjected to cruel and degrading treatment while criminal suspects could be detained indefinitely and without trial. The penal system was to some extent directed at controlling and regulating the conduct of Blacks. The constitutional dispensation has resulted in a re-look at our penal policy and has placed great emphasis on the rights of prisoners. These rights flow from the rights to equality, dignity and liberty. The Constitution has entrenched certain rights of criminal suspects, including the right to a fair trial. Legislation has been introduced to ensure compliance with the constitutional imperatives.
The new dispensation has given rise to debate on many issues, and facilitated a rise of a victims’ movement seeking to promote victim interests. This movement has noted that offenders and alleged offenders enjoy a series of constitutional rights, and that corresponding rights for crime victims need to be introduced. Victims are unlikely to be accorded rights in the literal sense of the word; nevertheless, they need to be accommodated within the criminal justice system. This need has given birth to a charter for crime victims, a document that seeks to empower crime victims. The perception remains, however, that offenders and crime suspects still enjoy too much protection, to the detriment of victim interests. The development of victim rights is hampered by the adversarial nature of the country’s criminal justice system and the perception that victims have no role to play within the criminal process, other than as witnesses.
The purpose of the thesis is to analyse the extent to which our Bill of Rights strikes a balance between the interests of alleged offenders and offenders on the one hand, and crime victims on the other. It also seeks to create awareness about the plight of crime victims and to make suggestions on possible solutions.Criminal & Procedural Law
LLD (Criminal & Procedural Law)
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Esequiel, Bruna Marques. "Relatório de estágio realizado no Julgado de Paz do Seixal." Master's thesis, 2017. http://hdl.handle.net/10362/21693.
Full textAbstract:
The purpose of this report is to report the experience of the internship on Justice of the
Peace Court in Seixal during the four-month period from September to December 2016,
within the scope of the third semester of the Master's Degree in Forensic Law and
Arbitration.
As a main element it focuses on the Justices of the Peace Court as a whole and mainly, as
a means of the fair composition of litigation and of civic participation of the parties, a
singular aspect with great importance, which gave rise to the theme.
The report begins with the description of the stage - reasons for its accomplishment, the
way it has developed and the reason for choosing the theme. In development, it is divided
into two major parts, the first dedicated to the Justices of the Peace Court, as an elementary
part of the framework of the theme, which focuses on the main lines, their organization,
procedure and controversial issues; The second part explores, the actions of the parties and
those involved in the civil proceeding, as opposed to justice in this court and in the Judicial
Court, in a shared justice perspective; later conclusion of the study with the position around
the theme.O presente relatório tem como objectivo relatar os conhecimentos teórico-práticos adquiridos durante o Estágio no Julgado de Paz do Seixal, no período de quatro meses – de Setembro a Dezembro de 2016 - no âmbito do terceiro semestre do Mestrado em Direito Forense e Arbitragem. Como elemento principal foca o Julgado de Paz como um todo e, principalmente, como meio da justa composição de litígios e de participação cívica das partes, aspecto singular e de grande importância, o qual deu origem ao tema. O relatório inicia com a descrição do estágio - razões da sua realização, em que moldes se desenvolveu e motivo da escolha do tema. No desenvolvimento, divide-se em duas grandes partes, a primeira dedicada aos Julgados de Paz, como parte elementar ao enquadramento do tema, onde são focadas as linhas mestras, respectiva organização, tramitação e questões polémicas; a segunda parte explora a actuação das partes e dos envolvidos no processo civil, por contraposição da justiça neste tribunal e no Tribunal Judicial, numa perspectiva de Justiça Partilhada; por último cabe a conclusão do estudo com a tomada de posição a cerca do tema.
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Stephens, Oluyemi Adetunji. "A comparative study of prison systems in African countries." Thesis, 2018. http://hdl.handle.net/10500/24232.
Full textAbstract:
The situation of prisons in Africa has been of concern to practitioners in the criminal justice system, researchers, policy makers, the government and even international organizations. Likewise, is the challenge of not having adequate information about prison system in Africa. In addition, most African countries are signatories to international treaties and convention regarding the treatment of prisoners, to what extent are prisons in Africa complying with the provisions and recommendation of such treaties and conventions. This study was therefore designed to explore the prison system in Africa countries.
As part of its objectives the study explored the prison condition in countries in Africa as exemplified by the physical structure of the prison buildings; living conditions with regards to overcrowding, medical care, separation of categories, food, sanitation, beds and beddings, administration and independent monitoring. Furthermore, the treatment and prison conditions of pre- trial detainees were also considered. Similarly, this thesis evaluated the treatment and prison conditions of prisoners with special needs. This category of prisoners include prisoners with mental health care needs, prisoners with disabilities, foreign national prisoners, older prisoners, prisoners on the death row and prisoners living with HIV/AIDS. The conditions and treatment of women prisoners, pregnant women prisoners, and babies living with their mothers in prison were also discussed. The Nelson Mandela Rules, Kampala and Luanda declarations were employed as a bench mark to ascertain whether the treatment and conditions in prisons in Africa meet up to international standards.
The study adopted a qualitative approach of inquiry using literature search as mode of inquiry. Data for the study was obtained from books, reports from international organisations such as United Nations, United Nations Office on Drugs and Crime, Penal Reform International, Amnesty International, international conventions and treaties among others, journals (Local, Africa and International), reports from selected countries, government legislations, policies, Acts, previous studies on prison system, web based information and national data.
The review of literature with regards to physical structure revealed that most prisons in African countries do not meet international standards pertaining to the issue of physical structure as most prison building are dilapidated and in bad conditions. The study further revealed that the prisons and treatment of prisoners in African prison do not meet international standards. In specific terms, most of the prisons in countries in Africa are overcrowded; most prisons are also characterized by inadequate medical care with lack of facilities, medical personnel and medications. To a large extent most prisons do not meet international standards with reference to separation of categories as most prisons in countries in Africa lock up awaiting trial persons with convicted persons, minor offenders with adult but in most cases women are separated from men. The food situation in most prisons in countries in Africa did not meet international standards in quantity and nutritional value. The finding of the study indicated that the sanitary conditions in most prisons in countries in Africa is in very poor condition which could lead to an outbreak of diseases, this too did not meet international standards. Most prisons in countries in Africa are typified by lack of beds and beddings, prisoners in some prisons sleep on bare floors while some sleep standing while others sleep in shifts. This condition does not meet international standards. With regards to administration it was equally revealed that the record keeping of most prisons in countries in Africa is inadequate, most prisons do not have an ombudsman where prisoners could lodge their complaints while corruption seem to also be rife. This do not meet international standards as well. However, on a good note, most prisons in countries in Africa do permit independent observers such as NGOs, human rights organisations and international organization to have access to the prisons
Furthermore, literature search disclosed that the population of awaiting trial person in prisons in Africa is very high when compared to the total prison population and that some countries in Africa are among countries in the world with highest number of pre - trial detainees. The treatment and living conditions of pre - trial detainees in most prisons in African countries do not meet international standards as they are locked in overcrowded cells, often locked up with convicted persons, no legal representation and having to stay longer that the stipulates without being charged to court. The thesis also conducted literature search on prisoners with special needs and the study point out that in each of the categories, prisons in countries in African countries do not meet international standards. For instance, there are no provisions to meet the mental health care needs of prisoners as there are no mental health practitioners, no facilities and no screening is conducted in most prisons. Similarly, there are no facilities to assist prisoners living with physical disabilities as well as older prisoners. The situation with foreign national prisoners are not different as there are no translation of prison materials that could make them adjust well to prison life, in some cases their consular are not contacted that they are in prison. With regards to prisoners on the death row, their conditions did not meet international standards as they are locked up in solitary confinement for most part of the day and their cells are often dirty with inadequate food and medical care. Some of this category of prisoners have been on the death row for as long as twenty years. For prisoners living with HIV/AIDS their treatment and condition does not met international standards as there are not treatment of any kind neither is there any form of screening conducted for inmates. For women prisoners, the treatment and conditions do not meet international standards as most prisons were not designed with women in mind. The living condition is unsanitary, unhygienic exemplified with inadequate toilet and bathroom facilities as well as no supply of peculiar needs of women such as sanitary towels. Review of literature equally indicates that there is no special treatment given to pregnant women prisoners. For children living with their mothers in prison, their treatment does not meet international standards as there is no special provision made for them, they share food with their mothers, some are locked up with their mothers for hours in overcrowded cells.
Based on the finding of this study, some recommendations were made. These include the need to conduct more studies on prisons in countries in Africa, the need to consider reviewing the indigenous methods of treatment of offenders before the advent of colonial masters, need for a synergy amongst all practitioners in the criminal justice. Other recommendations are that there should be more advocacy on the prison conditions, need to establish a special trust fund, involve the private sector as well as professional bodies and to professionalize corrections managementCorrections Management
Ph. D. (Criminal Justice System)
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Bláhová, Ivana. "Vývojové aspekty vzájemného vztahu soudní soustavy a správního členění státu v Československu (1918-1938) s přihlédnutím k vývoji německého správního soudnictví." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-307243.
Full textAbstract:
v anglickém jazyce The aim of this thesis named Development aspects of the relationship between judicial system and administrative structure in Czechoslovakia (1918-1938) considering the development of the German administrative justice is to analyse the basic development aspects of the relationship between executive and judicial power in Czechoslovakia. The capstones of the thesis are particularly state administration of the courts, territorial scope and administrative justice. Moreover, a comparative part describing the administrative justice and the gradual elimination of the separation of powers in Germany in the thirties was added. The thesis is composed of five chapters. The first one introduces the matter. The second chapter defines the essential terms like separation of powers, executive and judicial power, state and public administration, judicial system, as well as state administration of the courts, territorial scope and administrative justice. The third chapter deals with the history of the relationship between administration and judicial system in Austria and Austro-Hungarian Empire in the second half of the 19th century. The following, most important chapter describes the constitutional development after the establishment of Czechoslovakia in 1918. The fourth chapter is divided into...
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James, Ervin. "Unity, Justice and Protection: The Colored Trainmen of America's Struggle to End Jim Crow in the American Railroad Industry [and Elsewhere]." Thesis, 2012. http://hdl.handle.net/1969.1/ETD-TAMU-2012-08-11513.
Full textAbstract:
The Colored Trainmen of America (CTA) actively challenged Jim Crow policies on the job and in the public sphere between the 1930s and 1950s. In response to lingering questions concerning the relationship between early black labor activism and civil rights protest, this study goes beyond both local lure and cursory research. This study examines the Colored Trainmen's major contributions to the advancement of African Americans. It also provides context for some of the organization's shortcomings in both realms. On the job the African American railroad workers belonging to the CTA fought valiantly to receive the same opportunities for professional growth and development as whites working in the operating trades of the railroad industry. In the public sphere, these men collectively protested second-class services and accommodations both on and off the clock.
Neither their agenda, the scope of their activities, nor their influence was limited to the railroad lines the members of the CTA operated within the Gulf Coast region. The CTA belonged to a progressive coalition comprised of four other powerful independent African American labor unions committed to unyielding labor activism and the toppling of Jim Crow. Together, they all worked to effectuate meaningful social change in partnership with national civil rights attorney Charles H. Houston. Houston's experience and direction, coupled with the CTA's dedicated membership and willingness to challenge authority, created considerable momentum in movements aimed at toppling racial inequality in the workplace and elsewhere.
Like most of their predecessors, the CTA's struggle for advancement fits within a continuum of successive challenges to economic exploitation and racial inequality. No single person or organization can take full credit for ending segregation or achieving equality. Many who remain nameless and faceless contributed and sacrificed. This study not only chronicles the contribution of a relatively unsung African American labor organization that waged war against Jim Crow on two different fronts, it also pays homage to a few more individuals who made a difference in the lives of an entire race of people during the course of a bitterly contested, never-ending struggle for racial equality in the United States of America during the twentieth century.
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Stasko, Carly. "A Pedagogy of Holistic Media Literacy: Reflections on Culture Jamming as Transformative Learning and Healing." Thesis, 2009. http://hdl.handle.net/1807/18109.
Full textAbstract:
This qualitative study uses narrative inquiry (Connelly & Clandinin, 1988, 1990, 2001) and self-study to investigate ways to further understand and facilitate the integration of holistic philosophies of education with media literacy pedagogies. As founder and director of the Youth Media Literacy Project and a self-titled Imagitator (one who agitates imagination), I have spent over 10 years teaching media literacy in various high schools, universities, and community centres across North America. This study will focus on my own personal practical knowledge (Connelly & Clandinin, 1982) as a culture jammer, educator and cancer survivor to illustrate my original vision of a ‘holistic media literacy pedagogy’. This research reflects on the emergence and impact of holistic media literacy in my personal and professional life and also draws from relevant interdisciplinary literature to challenge and synthesize current insights and theories of media literacy, holistic education and culture jamming.