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Journal articles on the topic 'Magistrature of influence'
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1
Sukiasyan, Eduard. "Library magistrature. Its impact on the fate of library education in Russia." Scientific and Technical Libraries, no. 10 (October 1, 2017): 69–80. http://dx.doi.org/10.33186/1027-3689-2017-10-69-80.
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The author speaks about the influence of the Bologna Declaration principles on the fate of library education in Russia. The problems of education at the level of undergraduate, graduate and postgraduate courses, further training of practical librarians, and the additional education (obtaining a second diploma) have been consistently addressed. The current practice in Russia is compared with the training system in the United States. The experience of teaching Russian students in US library schools is analyzed, from the selection criteria to the evaluation of effectiveness. The conclusion is drawn: there is no connection between educational institutions and libraries. This should be handled by the Russian Library Association.
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Almasy, Rudolph P. "The “Public” of Richard Hooker’s Book 7 of the Laws: Stitching Together the Unjoined." Renaissance and Reformation 41, no. 1 (April 19, 2018): 131–62. http://dx.doi.org/10.33137/rr.v41i1.29523.
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This article begins with the notion that a text can create and influence a “public,” that is, a group of individuals with common values and aspirations. Richard Hooker’s Of the Laws of Ecclesiastical Polity (1594–1662) is the focus here; specifically, this article shows how book 7, which defends the prelacy, stitches together civil and ecclesiastical governors throughout the commonwealth in order to persuade this public not to embrace a Presbyterian ecclesiology and rid England of its bishops. Accordingly, Hooker’s text, composed with this public in mind, links together the nature and role of the civil and ecclesiastical by arguing that both are “of God,” by giving his public the intellectual skills to understand his defense of bishops, and by concentrating on public authority, public wisdom, and the public good which the magistrates must protect. Hooker’s goal is to encourage various estates to understand the threat to their power by the Presbyterian call for change. The hope is that the magisterial community, which runs the country and includes bishops, will consider the whole of the commonwealth and the value of the status quo before joining with the Presbyterians for change.
Cet article se penche sur l’idée qu’un texte peut créer et influencer un « public », c’est-àdire, un groupe d’individus ayant en commun des valeurs et des aspirations. On explore cette hypothèse plus particulièrement à travers l’oeuvre de Richard Hooker intitulée Of the Laws of Ecclesiastical Polity (1594–1662), et plus spécifiquement, en montrant comment le livre 7, qui défend la prélature, rassemble dirigeants civils et ecclésiastiques de la communauté afin de les dissuader d’adopter l’ecclésiologie presbytérienne ou de débarrasser l’Angleterre de ses évêques. Pour ce faire, le texte de Hooker, écrit avec ce public en tête, rapproche par la nature et par leur rôle le civil et l’ecclésiastique en avançant que les deux relèvent de Dieu, en fournissant à son public les connaissances intellectuelles nécessaires à la compréhension de sa défense des évêques, et en se concentrant sur l’autorité, la sagesse, et le bien commun publics que les magistrats doivent protéger. Le but visé par Hooker est d’encourager les diverses instances à comprendre la menace que constitue pour leur pouvoir l’appel presbytérien au changement. Il espère ainsi que toute la magistrature, qui dirige le pays et inclut les évêques, prendra en considération l’ensemble de la communauté et les mérites du statu quo avant de rejoindre les Presbytériens dans le mouvement pour le changement.
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McCORMICK, JOHN P. "Contain the Wealthy and Patrol the Magistrates: Restoring Elite Accountability to Popular Government." American Political Science Review 100, no. 2 (May 2006): 147–63. http://dx.doi.org/10.1017/s0003055406062071.
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Modern republics neglect to establish formal institutions that prevent wealthy citizens from exerting excessive political influence and they abandon extra-electoral techniques traditionally employed to keep office-holders accountable. Inspired by Guicciardini's and Machiavelli's reflections on the Roman, Venetian, and Florentine constitutions, this article highlights three forgotten practices that facilitate popular control ofbotheconomic and political elites: magistrate appointment procedures combining lottery and election, offices or assemblies excluding the wealthy from eligibility, and political trials enlisting the entire citizenry in prosecutions and appeals. I present a typology of regimes that evaluates the wealth containment potential of various magistrate selection methods, and propose a hypothetical reform supplying the U.S. Constitution with a “Tribunate” reminiscent of elite-accountability institutions in pre-eighteenth-century popular governments.
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Mulwa, A., M. Ngala, and L. Mugaa. "Technological Strategies and Performance of the Judicial Sector in Kenya: A Case of Nairobi City County." European Journal of Business and Strategic Management 8, no. 3 (November 8, 2023): 43–64. http://dx.doi.org/10.47604/ejbsm.2179.
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Purpose: Innovations and rapid diffusion of information and communication technologies in institutions are currently experiencing revolutionizing organizational processes. Globalization equally fuels the adoption of the ICT as the basis for digital operations are changing the way organizations operate. Studies on various countries’ courts show that the judicial efficiency affects a country ‘s entrepreneurial activities; this reduces as the level of inefficiency increases. Thus, the study sought to analyze the influence technological strategies on performance of judicial sector in Kenya. Specifically, the study proposed to determine the influence of technological sourcing; technology posture; technological culture change; technological capacity on the performance of the judicial sector in Kenya.
Methodology: By adopting descriptive research design, the study targeted all the five magistrate courts in Nairobi City County and purposively targeted nine offices per station, comprising (magistrate, court clerk, court accountant, court secretaries, court Archivist, HR and Administration officer, ICT officer, Procurement officer, and Library assistant, yielding a total of 45 sample size respondents for the study. Primary data was collected through structured questionnaires, which was piloted to ascertain its reliability and validity. Data was analyzed both descriptively as well as inferentially with the help of SPSS program (v.25.0) and MS Excel 10 softwares; and results presented using tables and charts for interpretation.
Findings: From the study results, all the technological strategies variable had a positive and significant relationship with performance of the judicial sector in Nairobi City County in Kenya.
Unique Contribution to Theory, Practice and Policy: The study was formed by the following theories: Transactional Cost, knowledge based; Stakeholders; Culture theory as well as the Task-technology fit theory. The study recommended that magistrate courts in Nairobi City County in Kenya should enhance their technological strategies since the strategies have been shown to bear a positive and significant effect on performance. The magistrate courts can achieve this through adopting advance technological orientations, especially where sourcing and culture of operations are concerned.
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Titarenko, V., and L. Yashchuk. "PHONETIC, ORTHOGRAPHIC AND MORPHOLOGICAL VARIATION OF PRIVILEGES TO KYIV CITY MAGISTRATE." MESSENGER of Kyiv National Linguistic University. Series Philology 25, no. 1 (August 26, 2022): 114–22. http://dx.doi.org/10.32589/2311-0821.1.2022.263125.
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The article analyzes variant spellings at the phonetic and graphic and morphological levels. Many variant spellings reflect various phonetic phenomena (reflexion of *ě, assimilation, dissimilation, simplification, softness / hardness of consonants, etc.) in the text and the formation of morphological norms (inflection of nominal parts of speech, verbs, etc.) of the Ukrainian language of the Old Ukrainian period.The subject of the linguistic analysis were the letters of the Kyiv Magistrate, issued to confirm the Magdeburg law of the city of Kyiv by the Polish rulers from 1544 to 1659. The collection, which is now in the Central State Historical Archive of Ukraine in Kyiv (Fond 62. Inventory 1. Unit 1), contains privileges copied for his own use by K. Krichevets in the first half of the 18th century. The signed privileges are in the Old Ukrainian language of the corresponding period, but some of them are translations from Latin and Polish. It remains unknown whether the owner of the collection copied from already translated documents or ordered the translation from A. Trotsina and M. Yakgelnytskyi, which were recorded as translators therein.Linguistic fluctuations are present in the forms of the same words and in different words, often different variant spellings occur side by side on the same page. Having studied the variety of parallel forms in the analyzed source, we singled out the reasons for their appearance: the lack of normalization of spelling features, in particular the transmission of individual sounds, the incompleteness of linguistic processes at that time in the language, the preservation of traditions and the influence of the living language element, the mutual influence of the phonetic and morphological systems of the Church Slavonic and Polish languages with Ukrainian.The note reveals the interaction of the systems of the named languages, which manifested itself in fluctuations in various reflections in writing - reflection of sonorous in the middle of a word, changes of sonorous at the beginning of a word, reflexes *dj, *tj, *gt / *kt, *je at the beginning of a word, variant endings in the declension of nouns, adjectives, verbs, etc.
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Didwania, Stephanie Holmes. "The Immediate Consequences of Federal Pretrial Detention." American Law and Economics Review 22, no. 1 (2020): 24–74. http://dx.doi.org/10.1093/aler/ahz012.
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Abstract Unlike the cash-bail regimes that are prevalent in state courts, federal courts rarely use money bail as a condition of pretrial release. Nonetheless, this article presents evidence that pretrial release influences case outcomes for federal defendants. Using case data spanning 71 federal district courts, the article suggests that pretrial release reduces a defendant’s sentence and increases the probability that they will receive a sentence below the recommended sentencing range. Pretrial release also appears to lessen the probability that a defendant will receive a mandatory minimum sentence when one is charged. The analysis exploits variation in magistrate judges’ propensities to release defendants pending trial, which allows magistrate judge leniency to serve as an instrumental variable for pretrial release. The article also provides suggestive evidence that pretrial release affects case outcomes through two channels: first, by giving defendants the opportunity to present mitigating evidence at sentencing and second, by making it easier for defendants to earn a sentencing reduction by providing assistance to the government.
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Omi. "Leading Decisions of the Supreme Court of Israel and Extracts of the Judgment." Israel Law Review 31, no. 4 (1997): 754–802. http://dx.doi.org/10.1017/s0021223700015508.
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Ganimat v. The State of Israel (1995) 49(iv) P.D. 589.The appellant was indicted in the Jerusalem Magistrate Court for two incidents of car theft. His detention was requested on the grounds that he posed a “danger to society”. The Magistrate Court agreed to his arrest, holding that a custom has been established whereby custody may be justified in crimes which have become “a nationwide scourge”, including car theft. The District Court rejected the appeal. The appellant was granted permission to appeal the decision in the Supreme Court (decision of Dorner J. and Barak J.; Cheshin J. dissenting) and his conditional release was ordered. However, it was decided to hold Special Proceedings in order to discuss some of the important issues raised by the case. The principal constitutional question raised by the case was whether the Basic Law: Human Dignity and Liberty influences the interpretation of the existing law, in the present case, the law of arrest as regulated by the Law of Criminal Procedure.
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Cornes, Richard. "Pérdidas y ganancias en la traducción : el liderazgo del Tribunal Supremo del Reino Unido , parámetros y perspectivas = Gains (and dangers of losses) in translation : – the leadership function in the United Kingdom’s Supreme Court , parameters and prospects." Teoría y Realidad Constitucional, no. 31 (January 1, 2013): 169. http://dx.doi.org/10.5944/trc.31.2013.10306.
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El presente artículo analiza la función del liderazgo de las principales magistraturas judiciales del Reino Unido. Como el autor resalta, dicho liderazgo se proyecta sobre la gestión interna del tribunal, la influencia en la jurisprudencia del órgano y el papel que adoptan ciertas instancias en tanto que altos representantes del poder judicial.This articles analyses the leadership function of the main lead judges of the United Kingdom. As the author points out, this leadership reveals itself within the management of the Court itself, the influence in the case-law and in the role of some judges as statepersons.
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Rogalev, Aleksandr. "Russian judicial power and foreign subjects, natives of the border East Asian states, in the Far East of the Russian Empire (late XIX early - XX century)." Advances in Law Studies 12, no. 1 (March 26, 2024): 11–15. http://dx.doi.org/10.29039/2409-5087-2024-12-1-11-15.
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The article is devoted to the peculiarities of the implementation of Russian justice in respect of Chinese and Korean subjects in the Amur and Primorsky regions of the Russian state. It considers the solution of the issue of extraterritoriality of the Chinese subjects, the attempt of the local administration to establish control and gain sustainable influence over the traditional Chinese and Korean courts in, as well as the solution of the problem of jurisdiction of the Russian magistrate court over cases involving Chinese subjects living in the Zazeisky district of Amur region.
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ALVES, FERNANDO. "O ESTADO DE DIREITO ENTRE O ATIVISMO JUDICIAL E A VONTADE DE PODER: UMA CRÍTICA FILOSÓFICA À INFLUÊNCIA DECISIONISTA NA MAGISTRATURA, MEDIANTE UMA REFLEXÃO EM NIETZSCHE E SCHMITT." Revista Jurídica da UFERSA 2, no. 4 (January 4, 2019): 67–81. http://dx.doi.org/10.21708/issn2526-9488.v2.n4.p67-81.2018.
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Pintilie, Gheorghe. "The Influence of Complex Dynamic Phenomena Caused by Wind Action on Behaviour of Transportation Pipelines." Advanced Materials Research 837 (November 2013): 170–74. http://dx.doi.org/10.4028/www.scientific.net/amr.837.170.
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The main transportation pipelines are subjected to complex stresses resulting from the nature and state of the transported material, the operating conditions, and the environmental factors and so on. Thus, the stress in the pipe wall is generated and influenced by the pressure, the temperature and the mass of the transported fluid, by the weight of the pipe, the ambient temperature and in certain periods of time by the wind speed. In this paper are presented dynamic phenomena generated by wind flow and their effect on the magistrate transportation pipelines. The content of the paper presents an detailed analysis regarding the regimes in which is developing the force generated by Karman vortex and the situation when resonance phenomena are developed. The study presents a mathematical model that describes the dynamic phenomena generated by the wind action, determining the mathematical expression of the aerodynamic force that act on the normal direction to the wind speed. This force is having a periodic variation, its size and the frequency variation is dependent on the wind speed. Some methods are proposed in order to decrease the wind influence on the lifetime of transportation pipelines. The main results of the study are: determination of the speed range for which the dynamic phenomena have a high influence on the pipeline lifetime; determination of the real conditions that can lead to sharp rises of the pipe deformations; determination of the pipeline lifetime reduction under development of dynamic loads.
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Carpenter, Peter. "The case of Dr Pownall – mad doctor, sane patient and insane murderer." History of Psychiatry 33, no. 2 (May 19, 2022): 200–216. http://dx.doi.org/10.1177/0957154x211064953.
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Dr Pownall was a surgeon, asylum proprietor and one-time mayor of Calne who had bouts of insanity. He had two serious bouts of violence when insane, and later murdered a servant, Louisa Cook, after his discharge from Northwoods Asylum as recovered. He was tried for murder and ended up in Broadmoor, where he died in 1882. There are extensive contemporary public accounts of the case, but detailed examination of the roles of the local chief magistrate, Purnell Barnsby Purnell, and Pownall’s brother-in-law and asylum doctor, Dr Ogilvie, reveals severe tensions that adversely influenced events. Everyone defended themselves, and few lessons were learned about cooperation.
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Ayacko, George Ochilo Mbogo, Prof George K’Aol, and Prof Teresia Kavoo Linge. "The Influence of Intellectual Stimulation of Judicial Officers on the Performance of Judicial Staff in Kenya." American Journal of Leadership and Governance 1, no. 1 (March 16, 2017): 41–81. http://dx.doi.org/10.47672/ajlg.222.
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Purpose: Across all sectors of the society, leadership is pivotal in ensuring that organizational goals and objectives are achieved as well as its continuity. Moreover, the type of leadership style has a significant contribution on an organization’s performance and overall success. One such leadership style, that most scholars have attributed with good performance in organizations, is transformational leadership. Transformational leadership has different components that, in aggregate, lead to better performance and success of organizations. One such component that is exhibited by leaders who are transformational, is intellectual stimulation. It is based on this influence of transformational leadership in organizations and its people that motivated this study. The study set to find out the influence of intellectual stimulation of judicial officers on the performance of judicial staff in Kenya.Methodology: Descriptive correlational research design was used in the study to find out the degree, direction and the significance of influence of individualized consideration on the performance of judicial staff. The target population of the study consisted of 770 judicial staff in the Kenyan Judiciary. The study used stratified random sampling technique to select 385 judicial staff from High Courts and Magistrate Courts in Nairobi County. Bivariate correlations were used to establish the relationship between the study variables, while one-way ANOVA was used to examine variability. Besides, the strength of association between the variables was determined using Chi-square tests.Findings: The study found that intellectual stimulation of judicial officers significantly influenced the performance of judicial staff, r (312) = 0.679, p< .05; r (312) = 0.685, p< .05; r (312) = 0.630, p< .05. The study found out that intellectual stimulation of judicial officers did positively and significantly influence the performance of judicial staff in Kenya.Policy recommendation: The study recommends that to improve judicial staff performance, judicial officers should be innovative on efficient ways of completing work duties, should encourage creativity in solving work-related problems, and appreciate staffs who are inquisitive and seek to know more.
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Dobrzhanskyi, Serhii. "Cities of the Galychyna and Bukovina of the Second Half of the XIX – the beginning of XX Centuries: Comparative Features of the System of Management." Науковий вісник Чернівецького національного університету імені Юрія Федьковича. Історія 2, no. 46 (December 20, 2017): 13–19. http://dx.doi.org/10.31861/hj2017.46.13-19.
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The article made the comparative historical analysis of the cities of Galicia and Bukovyna (Lviv, Chernivtsi and Berezhany, Brody, Drohobych, Kolomyia, Peremyshl, Sniatyn, Sokal, Stanislaviv, Stryi, Vyzhnitsa, Kitsman, Storozhinets) in the second half of XIXth – the beginning of the XXth century. The activity level of implementation of city governance reforms, the changes of abundance and composition of the population were observe. Considers implementation of the powers by local authorities of cities in the process of formation and activities.The execution of the assigned tasks was made with the Influence on the development of regional cities by the number of objective and subjective factors: the presence and the time of railroad holding, economic and geographical specificity, historical features, the political situation, etc.
Key words: sity, self-government, election, city council, magistrate, burgomaster
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Dobrzhanskyi, Serhiy. "Cities of Galicia and Bukovyna of the Second Half of the XIX – the Beginning of XX centuries: Comparative Features of the System of Management." Науковий вісник Чернівецького національного університету імені Юрія Федьковича. Історія 2, no. 48 (December 15, 2018): 14–20. http://dx.doi.org/10.31861/hj2018.48.14-20.
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The article made the comparative historical analysis of the cities of Galicia and Bukovyna (Lviv, Chernivtsi, Berezhany, Brody, Drohobych, Kolomyia, Peremyshl, Sniatyn, Sokal, Stanislaviv, Stryi, Vyzhnytsia, Kitsman, Storozhynets) in the second half of XIX – the beginning of the XX century. The activity level of implementation of city governance reforms, the changes of abundance and composition of the population were observed. Implementation of the powers by local authorities of cities in the process of formation and activities were considered.The execution of the assigned tasks was made with the influence on the development of regional cities by the number of objective and subjective factors: the presence and the time of railroad holding, economic and geographical specificity, historical features, the political situation, etc.
Keywords: city, self-government, election, city council, magistrate, burgomaster
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Oaikhena, Abigail Onowosemenmen. "Afropolitanism, Marginal Identity and Culture Shock in Tendai Huchu’s the Maestro, the Magistrate and the Mathematician." Oct-Nov 2023, no. 36 (October 18, 2023): 22–30. http://dx.doi.org/10.55529/jmcc.36.22.30.
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Noting the dynamics of cultural interference on migrants, there is a conscious concern towards the sustainability of true African cultural values and identity by African migrants living in the diaspora, as their hybridized African cultural disposition, appears quite superficial. Evidently, with the presence of a stronger force, influence or interference, there is bound to be domination and monopolization of the smaller units or margins. Thereby, eradicating or totally altering a people’s cultural history, as their afropolitan manifestations, of maintaining their individual Africaness in these western societies or spaces slowly succumbs and fades off. Given the overwhelming nature of the higher force and having been treated or regarded as the marginal or invisible identity, by denying them their rights and privileges. Hence, it becomes natural, for their prodigies to align and identify with the stronger force, in furtherance, losing them to the western foreign cultures and tradition. Thus, Huchu’s novel, The Maestro, The Magistrate and The Mathematician, seeks to address the danger involved in migrating and getting hybridized. So, within the purview of cultural coexistence, superiority and dominance, Homi Bhabha’s Hybridity theory, therefore helps to interrogate and highlight the unspoken pains and hurt of being in the third space of the hybridized.
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Long, Pamela O. "Hydraulic Engineering and the Study of Antiquity: Rome, 1557–70*." Renaissance Quarterly 61, no. 4 (2008): 1098–138. http://dx.doi.org/10.1353/ren.0.0320.
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This article investigates the relationships between hydraulic engineering and antiquarian studies in Rome in the long decade between the devastating Tiber River flood of 1557 and the completion of the repair of an ancient aqueduct, the Acqua Vergine, in 1570. The essay focuses on the physician Andrea Bacci (1524–1600), the engineer Antonio Trevisi (d. 1566), the jurist and Roman magistrate Luca Peto (1512–81), and the antiquarian Pirro Ligorio (ca. 1510–83). These individuals from both learned and practical backgrounds approached urgent problems of hydraulic engineering by studying ancient texts and artifacts, and they proposed solutions that were influenced by their study. This confluence of antiquarian study and engineering contributed to the development of empirical methodologies in the late Renaissance by making engineering part of a learned discourse.
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Connolly, Shannon R. "Equity and Amerindians in Montaigne’s “Des cannibales” (1, 31)." Renaissance and Reformation 43, no. 3 (December 21, 2020): 195–228. http://dx.doi.org/10.33137/rr.v43i3.35306.
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Since the first publication of the Essais in Bordeaux in 1580, readers of this work have recognized skepticism underlying the judgment of its author, Michel de Montaigne. Arguing that the Pyrrhonist school of skepticism relies upon cultural diversity, or that Montaigne was influenced by sixteenth-century proto-ethnographic accounts of European travellers to the New World, many scholars of the Essais have read “Des cannibales” (1, 31) as proto-anthropological. In my close reading of this chapter, however, I contend that Montaigne’s rhetorical use of equity, and not his debated practice of a proto-anthropological cultural relativism, shares a special reciprocity with his skeptical judgment in the Essais. Equity, a para-legal procedure that Montaigne used to judge while he was a magistrate in the Bordeaux parlement (1557–70), remains largely underdeveloped in scholarship on the Essais.
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TUORI, KAIUS. "GREEK TYRANNY AND ROMAN EMPERORS DURING THE SEVERAN PERIOD: A CASE STUDY OF P. COL. 123 AND SEG XVII 759." Bulletin of the Institute of Classical Studies 55, no. 2 (December 1, 2012): 111–19. http://dx.doi.org/10.1111/j.2041-5370.2012.00046.x.
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Abstract Greek and Hellenistic models were central to the formulation of the position and capabilities in law of the Roman Emperor during the Principate. The purpose of this article is to argue that the ideological response to Greek tyranny by Roman authors and the impact of the narrative tradition on tyrants both influenced what the Emperors could do and what was expected of them. Through the narrative tradition which existed on tyranny in the ancient world, Roman Emperors were presented with modes of behaviour on how the interplay and the relationship between the ruler and the ruled took place. Through the examples of the Columbia papyrus and the Goharian inscription, I will argue that the Roman situation was quite unique in the combination of approachability and the practical administration of justice. These examples show how the Emperor was not simply a benevolent monarch but also, if necessary, a strict magistrate.
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Vallance, T. "Achievement in Isolation: A.W. Howitt, Pioneering Investigator of Metamorphism in Australia." Earth Sciences History 5, no. 1 (January 1, 1986): 39–49. http://dx.doi.org/10.17704/eshi.5.1.3h10521520544830.
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The earliest coherent observations of metamorphic phenomena in Australia were made by a policemagistrate, stationed in a remote part of Victoria and largely self-taught in geology. In a series of reports and papers issued between 1875 and 1892 that magistrate, Alfred William Howitt, recorded details of metamorphic progressions found in the mountains of eastern Victoria - from folded Palaeozoic strata to crystalline schists and gneisses, and of different sorts of granitic bodies in the regional metamorphic association.Howitt worked at a time when the metamorphic status of crystalline schists was far from generally accepted in Europe and America; some still regarded them as portions of unchanged Primitive crust. Like George Barrow in Scotland - whose work in some ways he anticipated, Howitt, however, through the influence of Lyell's writings, began as a believer in metamorphism. But whereas Barrow is respected for innovative contributions to metamorphic thought and method, Howitt's isolation in Australia kept his work little known. In fact, as recent studies show, Howitt was investigating a regional metamorphism different in style from that of Barrow. Howitt not only pioneered metamorphic petrology in Australia, he really began the study of what is now termed low-pressure regional metamorphism.This paper seeks to set Howitt's metamorphic investigations in the contexts of his career and the then condition of his chosen subject. The principal influences on his approaches to petrography and metamorphism are seen to be German in origin. Howitt may have had no formal training in science but as a boy he lived in Germany for some years and learned the language. It was to be a most useful acquisition.
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Levus, Nazar. "REPRESENTATIVE SPENDINGS OF THE MAGISTRATE IN 1577-1583. ON THE EXAMPLE OF LVIV WEEKLY-EXPENDITURES BOOKS." City History, Culture, Society, no. 5 (November 8, 2018): 46–58. http://dx.doi.org/10.15407/mics2019.05.046.
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The article analyzes the books of Lviv weekly expenditures. The author has found out that during the period 1577–1583 the funds that were spent on gifts, first of all, wine, elite Lviv fish, oriental goods, precious silver and gold products, were allocated from the city treasury. In Lviv the second half of16th century the gift of wine was an integral part of city politics. The author identifies the costs of 1) wine shipped to the Diet and the royal tribunal; 2) wine for greetings of the most respected persons of the Commonwealth during their arrival or passage through the city (king, voivode, bishop, castle); 3) wine for the so-called "own" persons - the voivodship of Ruthenian and Podilsky, the Lviv elder, the Zemstvo and Grodno judges of the Rus' voivodeship; 4) wine for congratulation on the marriage or birth of children of the state's distinguished persons. The gifts played an essential role in maintaining the social and political network of the city, with their help, the city community managed to solve various problems and to maintain their honour and reputation. The author tries to confirm these theses with specific facts. For example, he states that for the period 1577–1583 the books of city expenditures mention three trips of Lviv rays to meetings of the Seimas. The total cost of a trip to Warsaw in December 1579 amounted to 1002 PLN. 8 ½ gr. The author does not exclude the possibility that one of the consequences of the trip could have been the granting of the privilege of Stefan Batory Lviv to levy a tax on lemons and wines brought to the city. During a trip to the Seimas in 1582, 1212 PLN was spent on gifts, travel, wine-making, payment for accommodation for Lviv rays. 12 gr. The trip resulted in the abolition of the toll, which the king and the Diet had set to raise money to continue the war with Muscovy. Based on the analysis of the available information, the author finds that the Lviv rayons maintained close relations with the highest officials of the Commonwealth and other representatives of their interests, and through gifts and representation, influenced the status and status of their city.
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Smorchkov, Andrey. "Sacral Time in the Political Discourse of the Roman Republic." ISTORIYA 14, no. 12-1 (134) (2023): 0. http://dx.doi.org/10.18254/s207987840029433-5.
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The paper considers four binary oppositions, which together give a description of the archaic stratum of the Romans’ perception of time: mythological and historical time; sacral and profane; favorable and unfavorable; cyclical and linear. Having religious content, these pairs had a direct relation to political power and its functioning, which is the object of this study. Of particular importance was the division of time into favorable/unfavorable, which was directly related to the most important prerogative of magistrate power — the right to auspicia. It is noted that the political power had wide pow ers to influence the sacral time, subordinating it to the interests of society, because it had a special responsibility for the fulfillment of the duty to the gods. And in this possibility lies one of the remarkable paradoxes of Roman religious thinking, where sincere faith was combined with a significant share of rational pragmatism. Perhaps this behavior was related to the sense of a clear boundary between the world of the gods and the world of men, which was characteristic of the Roman worldview, from which followed a negative attitude to the violation of this boundary on both sides. The influence of the “Roman myth”, which presented Roman successes as the embodiment of the original plan of the gods, the realization of which, accordingly, presupposed close interaction between gods and humans, cannot be ruled out.
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Ntengenyane, Khunjulwa, and Festus Khayundi. "Harnessing a records management programme for justice delivery at the Alice magistrate court in the Eastern Cape Province, South Africa." Journal of the South African Society of Archivists 54 (November 4, 2021): 12–23. http://dx.doi.org/10.4314/jsasa.v54i1.2.
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This article focuses on harnessing a records management programme for justice delivery at the Alice Magistrates’ court. The objectives of the study were to find the extent to which court records are managed for justice delivery, the influence of court records in court processes, and the challenges, if any, of managing court records for justice delivery. The population of the study comprised all those who created and used court records at the Alice Magistrates’ court. The study used both quantitative and qualitative methods for data collection. Quantitative data were coded and analysed using Microsoft Excel 2010 while qualitative data were analysed using emerging themes based on the objectives of the study. The findings revealed that although records were important for justice delivery by the court, there were challenges posed by inadequate infrastructure, the lack of necessary knowledge and skills, ineffective control of records for justice delivery, and inadequate facilities for preservation and security of records. The study recommended improvement of the existing records management programme as a strategy. This is necessary for effective and efficient records management programme for justice delivery by the Alice Magistrates’ court.
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Delbecke, Bram. "Gerechtelijke nationale cultuur en haar blinde vlek: de mercuriales en gelegenheidsredes van Charles Faider als procureur-generaal bij het Hof van Cassatie (1871–1885)." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 75, no. 4 (2007): 363–94. http://dx.doi.org/10.1163/157181907782912435.
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AbstractThis article sketches the attitude of the Belgian liberal magistrate and politician Charles Faider towards the constitutional civil liberties and freedoms. One can discover an interesting paradox by comparing his opening speeches and his acts as a politician. In the speeches he gave as procureur-général at the Cour de cassation, Faider consequently emphasised the beneficiary effects of the liberal 1831 Belgian Constitution. In his discourse, the Belgian magistrates were the best guards of the splendid future of the nation, because they fully understood the age-old national tradition of civil liberties. However, as a politician, he did not hesitate to limit the constitutional rights and liberties. Due to the political pressure of Napoleon III, he limited the freedom of the press by outlawing insulting foreign heads of state. The gap between his discourse and his practice is the perfect expression of an interesting paradox: in the 19th-century Belgian nation state, liberty and national identity profoundly influenced each other, but at the same time restricted their mutual possibilities, because the overall image of a free but responsable nation had to be maintained.
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Gajic, Zoran, Vladimir Sakac, Boris Golubovic, and Ksenija Boskovic. "Jovan Apostolovic, MD, the first Serbian medical doctor - life and work achievements." Srpski arhiv za celokupno lekarstvo 148, no. 1-2 (2020): 119–23. http://dx.doi.org/10.2298/sarh190610113g.
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Jovan Apostolovic was born between 1730 and 1735, in Buda and died in 1770 in Novi Sad. He was the first Serbian physician who acquired the title of a medical doctor with his doctoral thesis. After his graduation from the Halle Medical School in 1757, he defended his doctoral thesis there, titled ?How Emotions Affect the Human Body?. This thesis, considering the time of its publication, was the first in the history of medicine that studied psychosomatics taking into consideration the influence of emotions on human organism. Upon his arrival to Novi Sad, in 1759, Apostolovic had founded his medical practice as an only graduate physician in the town. When, after its outbreak in Belgrade, Srem and Banat, the plague threatened to spread to the Novi Sad area, he was appointed the town?s doctor in 1763, but was resolved from this position in 1765, since the Magistrate was not able to handle the pressure from the barbers, catholic priests and German population of the town. After losing this position, he continued with his medical practice in Novi Sad, till 1770 when he died of tuberculosis.
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Zavodyuk, S. Yu. "VOLOST AND MAGISTRATE COURTS IN THE SOCIO-CULTURAL SPACE OF POST-REFORM RUSSIA (ON THE MATERIALS OF SAMARA PROVINCE IN 1861-1889)." Izvestiya of Samara Scientific Center of the Russian Academy of Sciences. History Sciences 4, no. 1 (2022): 11–21. http://dx.doi.org/10.37313/2658-4816-2021-4-1-11-21.
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The article is devoted to the formation and reform of local justice in 1861-1889 from the perspective of local (regional) history using the methodology of socio-cultural analysis, the concepts of “social trust” and “social capital”. It contains a characteristic of the volost courts in the state and udel villages of the Samara province until the 1861. The author addresses the problems of the formation and development of the magistrate court in the Samara province in the 1860-1870s, its specifics in comparison with the volost courts. She notes such common features of local justice bodies as complete economic dependence on the population and the desire to reconcile the parties. The thesis is postulated about the restrained confidence of the peasants in the newly created institution of the world court, their desire to have the opportunity to choose between the old and new local justice bodies. The author reveals differences in the approaches of peasants to local judicial institutions, depending on the ethno-confessional situation in the volost, contradictions within the peasant community and the influence of the elders on the volost court.
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Buzykina, I. N. "Roman Virtues in the Christian Context of St Augustine’s De Civitate Dei." Concept: philosophy, religion, culture 4, no. 3 (September 28, 2020): 62–75. http://dx.doi.org/10.24833/2541-8831-2020-3-15-62-75.
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The topic of this paper is the continuity of major religious, moral and ethical concepts of Roman culture in following periods. These are the virtues of the citizen, namely virtus, fides and pietas — which distinguish the Roman citizen as a brave warrior, honest magistrate and pious pater familias. The central one was the duty to the City. Some traces of this tradition can be observed in the most influental sources of the Christian Patristic period, although the very intention of morals has changed: res publica, a common/communal duty, was replaced by the adoration of God. With the view to a representative research, De Civitate Dei by Saint Augustine, the most famous Christian treatise dealing with the state, civic rights, state religion, authority etc. was analyzed. On the one hand, this great book provides multiple suitable illustrations for almost every feature of the continuity between the Ancient pagan culture and Christian intellectual one. On the other hand, it isn’t just a plain comparison of loci classici in pagan and Christian context, one can find the origins of a completely new approach to the world history, which had had an influence on minds of further generations of Christian theologians in Middle Ages and later periods.
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Holley, H. L., and J. Arboleda-Florez. "Criminalization of the Mentally Ill: Part I. Police Perceptions." Canadian Journal of Psychiatry 33, no. 2 (March 1988): 81–86. http://dx.doi.org/10.1177/070674378803300202.
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This paper reports the findings from Phase I of an ongoing prospective, longitudinal study of mentally ill offenders. The study documents the nature, extent and location of mentally ill offenders in the criminal justice system in Southern Alberta, evaluates mechanisms which are used to identify mentally ill offenders in need of treatment, identifies existing psychiatric services available within the criminal justice system and documents their psychiatric service utilization patterns. A study cohort of 611 was identified at their time of arrest and followed through the justice process from initial detention until final release. Part I on this study focusses on the period of arrest. More specifically, police perceptions of disturbed behaviour are examined. The prevalence of police-identified offenders is reported and police judgments regarding possible causes of disturbed behaviour (that is, mental illness, drugs, alcohol) and recommendations for psychiatric treatment are examined. Discrepancies between official recommendations made by police to a bail magistrate (and recorded on the arrest report) and unofficial recommendations collected as part of the study are explained in terms of differing decision-making models; clinical versus legal. Finally, the importance of police perceptions concerning the presence of mental illness as opposed to substance abuse are identified as important factors which influence the decision to recommend psychiatric examinations.
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Mahendrarajah, Shivan. "The Shaykh al-Islam in Medieval Khurasan." Afghanistan 1, no. 2 (October 2018): 257–81. http://dx.doi.org/10.3366/afg.2018.0017.
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The shaykh al-Islam emerged in early Islamic Khurasan. A shaykh al-Islam's social-political roles developed organically, and his duties were exogenous to state bureaucracies. The Seljuq vizier, Niẓām al-Mulk, struck upon a “brilliant and original” scheme, to use the shaykh al-Islam to shape Islamic curricula and control lecturers. He officialized the position by appointing his “own lieutenant” as the shaykh al-Islam of Nishapur. Shāh-Rukh restarted the Seljuq initiative by appointing the shaykh al-Islam of Herat. The Timurid initiative was continued by the Safavids. The Ottoman şeyhülislam became the Empire's most formidable religious official. He presided over its educational system (ilmiye). There are two classes of shaykhs al-Islam: urban and rural. A city's shaykh al-Islam was the chief of its educational network of seminaries, hospices, teachers, and students; he examined the qualifications of lecturers, arbitrated disputes, and harmonized conflicts of law. A rural shaykh al-Islam was a local lord: major landholder, administrator, and magistrate. Typically, he was the custodian of a prominent Sufi shrine. The shaykh al-Islam's/shrine custodian's standing, and the influence and affluence of his institution within its catchment area, were enhanced by the Ilkhanids, Kartids, and Timurids when they tasked him with managing hydrological systems and agricultural production.
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Wright, John. "Ndukwana kaMbengwana as an Interlocutor on the History of the Zulu Kingdom, 1897–1903." History in Africa 38 (2011): 343–68. http://dx.doi.org/10.1353/hia.2011.0018.
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In the six years from October 1897 to October 1903, Ndukwana kaMbengwana engaged in scores of conversations in numerous different locations with magistrate James Stuart about the history and culture of the nineteenth-century Zulu kingdom. In the 1880s Ndukwana had been a lowranking official in the native administration of Zululand; at an unknown date before late 1900 he seems to have become Stuart's personalindunaor “headman,” to give a common English translation. Stuart's handwritten notes of these conversations, as archived in the James Stuart Collection, come to a total of 65,000 to 70,000 words. As rendered in volume 4 of theJames Stuart Archive, published in 1986, these notes fill 120 printed pages, far more than the testimonies of any other of Stuart's interlocutors except Socwatsha kaPhaphu. From 1900, Ndukwana was also present during many of Stuart's conversations with other individuals.In the editors' preface to volume 4 of theJames Stuart Archive, after drawing attention to the length of Ndukwana's testimony, Colin Webb and I wrote as follows:Since these were the early years of Stuart's collecting career, it is probable that Ndukwana exercised a considerable influence on the presuppositions about Zulu society and history which Stuart took with him into his interviews. No less likely, however, is the reverse possibility that Ndukwana in turn became a repository of much of the testimony he heard while working with Stuart, and that, increasingly over the years, the information which he supplied would have been a fusion of data and traditions from a variety of sources.
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Hausegger, Lori, Troy Riddell, Matthew Hennigar, and Emmanuelle Richez. "Exploring the Links between Party and Appointment: Canadian Federal Judicial Appointments from 1989 to 2003." Canadian Journal of Political Science 43, no. 3 (September 2010): 633–59. http://dx.doi.org/10.1017/s0008423910000648.
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Abstract. Studies of federal judicial appointments made before 1988 discovered significant partisan ties between judicial appointees and the governments appointing them. In 1988, in response to criticism of these “patronage appointments,” the Mulroney government introduced screening committees to the process. This article explores the impact of these committees. Using information gained from surveys of legal elites, we trace the minor and major political connections of federal judicial appointees from 1989 to 2003 in order to determine whether patronage has continued despite the reform to the process. We discover that political connections continued to play an important role in who was selected for a judicial appointment. However, these connections were not quite as common as those found before 1988, and the new process does appear to have prevented the politically motivated appointment of completely unqualified candidates. Interestingly, our findings also suggest that the impact of patronage varies by region and interacts with other, newer influences, in particular, concerns for group representation on the bench. The paper concludes by briefly discussing these results in the context of the relationship between judicial selection and politics with a comparative perspective.Résumé. Les études sur les nominations judiciaires fédérales réalisées avant 1988 ont découvert des liens partisans étroits entre les juges nommés à la cour et les gouvernements les nommant. En 1988, en réponse aux critiques sur le favoritisme entourant les nominations, le gouvernement Mulroney a introduit des comités d'évaluation dans le processus. Cet article explore l'impact de ces comités. En utilisant de l'information recueillie lors de sondages menés auprès de la communauté légale, nous retraçons les connexions politiques mineures et majeures des attributaires judiciaires fédéraux de 1989 à 2003 en vue de déterminer si le favoritisme a persisté malgré la réforme du système. Nous découvrons que les connexions politiques continuent à jouer un rôle important dans la sélection des juges. Toutefois, ces connexions ne sont pas aussi importantes que celles qu'on a identifiées avant 1988 et le nouveau processus semble avoir réussi à prévenir les nominations partisanes de candidats entièrement non qualifiés. Les résultats de notre recherche suggèrent également que l'effet du favoritisme varie par région et dépend aussi d'autres facteurs plus nouveaux, en particulier le souci de représentation de certains groupes au sein de la magistrature. L'article conclut en discutant brièvement ces résultats dans le contexte de la relation entre la sélection judiciaire et la politique dans une perspective comparative.
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Gaman, Teodora. "Pre-trial detention. Motion for pre-trial detention." Eximia 11 (August 8, 2023): 447–66. http://dx.doi.org/10.47577/eximia.v11i1.318.
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The crime is the most serious antisocial act that entails the application of criminal law and sanctions specific to criminal law, thus occupying a special place within the field of violations of the norms of behavior established by law. The repressive action of public authorities to restore the rule of law is and must be conditional and clearly delineated, ensuring that individual freedom is protected and that no innocent person is affected. Justice has the role of deciding situations arising from the violation of laws since ancient times. For social life to be conducted in accordance with the rules, it is essential to have a competent authority that knows, interprets and applies them when they are breached. To this end, several procedural safeguards have been put in place to ensure the smooth conduct of the criminal proceedings. Pre-trial detention is the preventive procedural measure referring to the deprivation of liberty of an individual, before the final resolution of a criminal case, in order to conduct the criminal proceedings in good conditions or to prevent the defendant or suspect from absconding from criminal prosecution, trial or execution of the sentence. As it represents a significant restriction of personal liberty during criminal proceedings, pre-trial detention may only be ordered by a magistrate and the magistrate's powers shall be exercised only in accordance with the law. Pre-trial detention is also ordered only in certain circumstances, such as when there is a well-founded suspicion based on evidence that the person concerned has committed a criminal offence, or when it is established that the accused has absconded from trial or is in hiding, or when the actions of the accused give rise to a suspicion that he/she: steal, degrade, destroy or falsify material evidence; unlawfully influence co-defendants, witnesses or experts, or induce others to do so, thereby making it difficult to establish the truth.
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Varma, Harikrishnan Ramesh, and Ram Kumar Kakani. "Do not let it derail: the district head’s dilemma." CASE Journal 17, no. 3 (June 29, 2021): 438–55. http://dx.doi.org/10.1108/tcj-10-2020-0145.
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Theoretical basis The theoretical concepts and frameworks from the following literature are brought in to discuss the case situation. Freeman’s stakeholder framework, Yukl’s Influence Tactics, Johnson and Scholes’ Power-Interest Matrix Please see: Freeman, R. E. (2010). Strategic Management: A Stakeholder Approach. Pitman Publishing Inc. Yukl, G. (2002). Leadership in Organizations. Prentice-Hall. Johnson, G. and Scholes, K. (1999). Exploring Corporate Strategy: Text and Cases. Prentice-Hall. Research methodology Information required for the case was primarily collected from Lal Bahadur Shastri National Academy of Administration, Mussorie, India, where the newly recruited civil service officers (probationary trainees) of India are trained. The main protagonist, a senior officer in the Indian Administrative Services was interviewed by one of the authors. Secondary data from contemporary newspaper reports and government orders were also made use of. Case overview/synopsis Palakkad District Magistrate Gayathri Nair was tasked with acquiring 130 hectares of land for a government-sponsored public-private partnership project to set up a railway coach factory in Palakkad. After taking the landowners into confidence and fast-tracking the administrative process through the line departments, she successfully acquired 93 hectares of land for Phase I of the project. However, the intervention from local politicians and activists halted the next phase. Gayathri was pressured by her bosses to solve the standstill in four weeks. Unable to make the owners realize the benefits of the project, she witnessed a showdown between the agitating masses and the district administration. The entire episode is worsened by the partisan media coverage. The only options open to Gayathri, as the head of the district administration, are either to go ahead with forceful land acquisition and thereby, risk the wrath of the public or abandon the project and bury the months-long back-breaking teamwork. How could Gayathri handle the situation better? What steps could she take at various stages to ensure a balanced outcome for all the stakeholders in the project? Complexity academic level This case is applicable for the courses/sessions in training programmes for executives, and undergraduate courses related to project management, strategic management, leadership and public policy. It is also useful for courses and training programmes on stakeholder mapping and conflict management.
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Hwang, Dong-Kwon. "A study on ‘Byung-gok(屛谷)’ Kwon Gu(權榘)’sTheory of Equitable Taxation(均賦論)." Daedong Hanmun Association 77 (December 31, 2023): 389–418. http://dx.doi.org/10.21794/ddhm.2023.77.389.
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This paper examines the theory of equitable taxation shown in 『Jeongsi- gwangyu(政始管窺)』 by ‘Byung-gok(屛谷)’ Kwon Gu(權榘, 1672~1749), a native of Andong. Kwon Gu emphasized the theory of equitable taxation, or ‘Gyunbu theory(均賦論)’ as the most urgent task for the stability of people's livelihoods. ‘Gyunbu(均賦)’ refers to imposing land taxes fairly.
According to Kwon Gu, the foundation of Gyunbu lies in “personally inspecting the land(田地) and accurately revealing its true state[檢踏實事].” He also placed special emphasis on preventing the harmful influence of corrupt ‘Ajeon’ officers. As countermeasures, he proposed that, firstly, they should require the relevant departments and specialized personnel to handle related tasks while personally visiting the land to understand its true state. Secondly, when measuring the size of the land and rating it, Ajeons should be excluded from that task, and knowledgeable individuals competent at the job should be appointed. Thirdly, if any changes are made, the local government head or town magistrate should personally make a visit and confirm the situation. Fourthly, land registers should be recorded for each category of land and be used as a basis for inspecting the actual land and should be updated to reflect any changes.
Kwon Gu strongly advocated for government officials to economize the national finances and reduce taxes to lessen the burden on the people and stabilize their lives. In particular, he heavily emphasized the reality that with the people’s lives being in terrible circumstances, a year of famine could cause Joseon to fall beyond repair. Therefore, he argued they should take reference from the concept of Zhu Xi’s ‘Su-bun-gam-bang(隨分減放)’: reducing taxes depending on how much damage natural disasters or famine cause, as well as the system of ‘Jeon-bu-gu-deung(田賦九等)’: collecting taxes depending on the quality of the farmland with said quality ranked into 9 tiers, found in the 『Wu-gong(禹貢)』section of 『Seo-gyeong(書經). He proposed dividing the good years from the bad years, as well as sorting out the severity of disasters into 9 different levels and reducing taxes based on them.
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Shevchuk, Vitalii. "The Impact of Extra-Legal Factors on Adjudication: Theoretical and Practical Aspects." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 434–38. http://dx.doi.org/10.36695/2219-5521.1.2020.87.
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Adjudication is a complex and multifaceted process that involves not only legal but also personal and psychological aspects. In a combination, they can be regarded as the extra-legal affect on specific categories of cases. The issue under studies is relatively new in present-day Ukraine. However, this field of scientific research originated in America at the end of the XIX century. Although it has lost its relevance, today, this issue is gaining popularity again, particularly in the works by both national and foreign scholars, who directly or indirectly reveal it.
The article under discussion presents the analysis of theories, developed by national and foreign authors. These works trace the tendency to identify the factors that may affect the judges’ decision-making process, both directly (legal experience; political predisposition; intellectual and temperamental traits) and indirectly (overall erudition; family and personal associations, social status).What is more, the author of the article has identified two possible options for a judge to make a decision - by justice and by law. They are by no means related to each other, since not all the decisions, made in compliance with the law, are fair, whereas it is much easier to make fair decisions conform to the letter of the law.
This research is based on the materials of study carried out in 1914-1916 regarding some New York City magistrate judges, who made different decisions on similar categories of cases. Such a discrepancy again outlines the boundaries of individual relationships that affect the administration of justice.
In addition to the above, the theoretical material, outlined in the article, is rests on the examples from the court records of Canada and Ukraine. This made it possible to prove and realize that such extra-legal impact does exist today and is ruining the judicial system from inside.Besides, the investigation reveals the ECHR’s position on the issue under study. Relying on specific examples, we have pointed out various manifestations of judges’ bias. In those cases, they were driven by personal views and motives, which, in turn, influenced their final decisions, the latter being subsequently challenged.
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Osipian, Alexandr. "The Lasting Echo of the Battle of Grunwald: the Uses of the Past in the Trials between the Armenian Community of Lemberg and the Catholic Patricians in 1578–1631." Russian History 38, no. 2 (2011): 243–80. http://dx.doi.org/10.1163/187633111x566057.
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AbstractThe article deals with the historical imagination in the burgher's milieu in the late Renaissance Polish kingdom. The main aim of the article is the investigation of the changes that occurred in the perception of the remote past. The article focuses on the mechanisms of a usable past construction. In 1578, in order to obtain equal economic rights with the dominant Catholic burghers – mostly of German origin – in Lemberg, local Armenians stated that their ancestors were invited by the Galician prince Daniel and were then settled by his son Lev/Leon (1264-1301) in Lviv at the time of the city's foundation. In 1597, in their complaint, Catholics allowed that the statement of the invitation of the Armenian ancestors was a real fact but accused "Armenian warriors" for participating in the hostile incursions led by Prince Daniel or Lev together with the Tatars in the 1250s-1280s against Poland. In this way, the magistrate won the trial in 1600. I argue that for their pseudo-historical argument Catholic patricians creatively reinterpreted some passages from Marcin Cromer's book "On the origins and deeds of the Poles" (1555, 1558, 1562, 1568, 1589). Then, Armenians changed their tactics and stated in 1631 that their noble ancestors took an active part in the wars between Poland and Teutonic Order in late fourteenth – early fifteenth centuries. Thus Armenians converted their ancestors into good patriots of Poland when the Germans were the main enemies. During the trials townspeople perceived changes in their past. It also reflects a level of historical reading in Polish history and the emergence of the Battle of Grunwald battle as part of a Polish national myth. Thus Renaissance book-printing and book-collecting directly influenced the burgher's historical imagination and their judicial argument. City elites "privatized" a book, which had been sacral property of Church, and made it their tool to use for their practical needs. They also privatized and instrumentalized the based-on-books past. The arguments used by both sides during their conflict correlated with the urban elites' aspirations to acquire noble status. It also reflects the process of transmission of high culture models – Sarmatian Renaissance – to the lower estates of the Kingdom.
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Singer, Samuel. "MARGINALIZING TRANS MEDICAL EXPENSES: LINE-DRAWING EXERCISES IN TAX." Windsor Yearbook of Access to Justice 31, no. 2 (October 1, 2013): 209. http://dx.doi.org/10.22329/wyaj.v31i2.4420.
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This article explores the treatment of trans medical expenses under American and Canadian tax laws. In both tax systems, medical expenses are deemed worthy of tax relief, while many cosmetic procedures are excluded. This article argues that tax administrators and the judiciary are influenced by social stigma when they employ the distinction between cosmetic and medical expenses to exclude or allow trans medical expenses. In the American context, this article focuses on the Internal Revenue Service’s reasons for deeming a trans woman’s gender dysphoria-related medical expenses to be ineligible for the medical deduction. It then turns to the taxpayer’s subsequent appeal to the U.S. Tax Court in O’Donnabhain v. Commissioner, 134 TC no. 4, and the Court’s determination that, while the taxpayer’s sex reassignment surgery and hormone therapy were eligible expenses, her breast augmentation was not deductible. The article follows by outlining the Canadian medical expense tax credit to determine how similar trans medical expenses might be treated in light of a budget amendment in 2010 prohibiting claims for most cosmetic procedures. The article concludes that in both the American and Canadian context, trans people are held to a higher standard than required under each respective tax statute, with their gender dysphoria-related medical expenses needing to be documented as “medically necessary” to avoid categorization as ineligible cosmetic expenses. Le présent article examine le traitement des frais médicaux liés à la dysphorie sexuelle en vertu des lois fiscales américaines et canadiennes. Dans les deux régimes fiscaux, les frais médicaux sont considérés comme admissibles à un allègement fiscal, tandis que plusieurs interventions esthétiques sont exclues. Le présent article fait valoir que les administrateurs fiscaux et la magistrature sont influencés par les stigmates sociaux lorsqu’ils ont recours à la distinction entre les frais d’intervention esthétique et les frais médicaux pour exclure ou justifier les frais médicaux liés à la transition. Dans le contexte américain, le présent article se penche sur les motifs formulés par l’Internal Revenue Service pour juger inadmissibles à la déduction pour frais médicaux les frais médicaux liés au trouble d’identité sexuelle d’une femme transgenre. Il examine ensuite l’appel interjeté ultérieurement par la contribuable à la US Tax Court dans O’Donnabhain v. Commissioner, 134 TC no. 4, ainsi que la décision de cette cour selon laquelle la chirurgie pour changement de sexe et l’hormonothérapie de la contribuable constituaient des frais admissibles, alors que son augmentation mammaire n’était pas déductible. L’article décrit ensuite le crédit d’impôt canadien pour frais médicaux pour déterminer comment des frais médicaux similaires liés à la dysphorie sexuelle pourraient être traités à la lumière d’une modification budgétaire de 2010 interdisant les réclamations pour la plupart des interventions esthétiques. L’article conclut que, tant aux États-Unis qu’au Canada, les personnes transgenres doivent satisfaire à une norme plus élevée que celle que prévoit la loi fiscale à laquelle elles sont assujetties, leurs frais médicaux liés à la transition devant être documentés comme étant « médicalement nécessaires » pour éviter d’être qualifiés de frais d’intervention esthétique inadmissibles.
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Сухорукова, Н. В. "Icon painters of Tobolsk province of the 17th – early 20th century." Iskusstvo Evrazii [The Art of Eurasia], no. 4(31) (December 29, 2023): 146–55. http://dx.doi.org/10.46748/arteuras.2023.04.008.
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В исследовании ставится цель обобщить и систематизировать сведения об истории иконописания в Тобольской губернии в XVII – начале XX века. С использованием источниковедческого метода выявлен ряд архивных материалов Тобольской духовной консистории и Тобольского губернского магистрата. Это позволило определить ряд имен тобольских иконописцев и круг их заказов, проследить культурные влияния из различных духовных и художественных центров России, а также сделать вывод о местных художественных особенностях, сложившихся в духовном центре Сибири. Выдвинута гипотеза о том, что каждому этапу развития иконописной традиции в Сибири, а также смене стилей соответствовали изменения духовной и общественной парадигм. Если в XVII веке основополагающим направлением в иконописании были традиции, привнесенные из центров православия, преимущественно Великого Новгорода и Сольвычегодска, то уже с начала XVIII века начинается утверждение стиля барокко, связанного с заказами верховных архиереев Сибири, выпускников Киевской духовной академии. Важным являлось соответствие театрального и декоративного стилей общему подъему освоения и цивилизационного преобразования Сибири. Академический стиль XIX века отвечал общему имперскому духу с его стремлением к регламентации и уравновешенности. Духовно-религиозный подъем второй половины XIX века обусловил возврат к традиции написания ликов святых в древнерусском стиле. Факторами, влиявшими на становление и развитие иконописания в Сибири, стали приток иконописцев из ближнего круга тобольских духовных иерархов, которые прилагали усилия для создания систематического обучения иконописанию, наличие профессиональных художников из числа ссыльных, стремившихся к выживанию и адаптации в суровых условиях, женское подвижничество, проявившее себя в развитии художественных ремесел. The aim of this study is to provide a systematic overview of the historical aspects of icon painting in Tobolsk province during the 17th to early 20th century. By using the source study method, a multitude of archival materials from the Tobolsk Ecclesiastical Consistory and the Tobolsk provincial magistrate were identified. The study enabled the identification of numerous Tobolsk icon painters and their orders, to trace the introduction of cultural influences from various spiritual and artistic centres of Russia into the local territory, and to draw conclusions about the local artistic features that developed in the spiritual centre of Siberia. The hypothesis suggests that alterations in the spiritual and social paradigm correlated with changes in the development and style of icon painting in Siberia during each stage. If during the 17th century, the primary approach to icon painting was based on Orthodox traditions, mainly from Veliky Novgorod and Solvychegodsk centres, then at the start of the 18th century, the Baroque style was introduced, which was associated with the orders of the supreme bishops of Siberia, graduates of the Kiev Theological Academy. The theatrical and decorative style corresponded to the rise of development and civilizational transformation in Siberia. The 19th-century academic style aligned with the imperial spirit's regulation and balance. The second half of the 19th century saw a spiritual and religious upsurge, causing a return to the tradition of painting saints' faces in the Old Russian style. The formation and development of Siberian icon painting were influenced by various factors. These factors included the influx of icon painters from the inner circle of the Tobolsk spiritual hierarchs, who made efforts to create systematic training in icon painting; the presence of professional artists among the exiles who struggled for survival and adaptation in harsh conditions; and the selfless devotion of women, which manifested itself in the development of artistic crafts.
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Sokyrko, Oleksii. "“ACCORDING TO THE BROTHERHOODS’ CUSTOM” BANQUETS OF KYIV CRAFTSMEN OF THE SECOND HALF OF XVIII CENTURY." Mìsto: ìstorìâ, kulʹtura, suspìlʹstvo, no. 7 (November 25, 2019): 35–86. http://dx.doi.org/10.15407/mics2019.07.035.
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Nutrition has always been an important element of the subculture of different social communities of Early Modern Europe. Holiday feasts of craftsmen corporations in the cities performed symbolic functions, separating the socio-professional community from the rest of society, and at the same time demonstrated its status, wealth, prestige. The joint banquets of craftsmen on the occasion of church holidays and corporate events strengthened group identity, saved it from blurring, restrained the isolation and individualization of its members. The several-day banquets held after the church liturgies were accompanied by music and hearty feasts, gifts to the clergy patrons of the craft and magistrate officials, and demonstrated the material power of the craft brotherhood and the respectful social status of its members.
The books of Kyiv craft corporations allow to reconstruct the middle-class townsfolk cuisine of the middle - second half of the 18th century. According to the expenditure registers contained in them, it is evident that the townsfolk gastronomic tradition retained all the features inherent in the late medieval food system. It was dominated by the meals and drinks that formed the basis of nutrition for the high and the middle-class: large amounts of meat, fresh and salted fish, thick crunchy soups and cereals, white bread, vodka (horilka), mead and beer.
The culinary culture of craftsmen was no stranger to imitation of higher gastronomic patterns and habits. In early modern Kyiv, the monastic world and the everyday culture of the church hierarchs acted as a model for imitation. This is where the artisans borrowed their taste for the use of tea, caviar and sturgeon. Another model to follow was the merchants, whose table was rich in various spices, imported alcohol, vegetables, fruits and sweets. Less significant, but noticeable, was the influence of the household fashion of the Cossack officials (starshyna) and the LittleRussian nobility (shliakhta): wildfowl, lavish local and imported liquers (vodka) appeared on the townspeople's tables. For all its ostentatious personality and efforts to imitate the cuisine of the upper classes, the food style of the craftsmen was far from cosmopolitanism. In the kitchen of Kyivites we will not see manifestations of culinary fashion of the XVIII century. The periphery of Kyiv's economic and administrative status made the food of its inhabitants quite typical of the rest of the country, having preserved the noticeable features of the food structure that had been developed in the previous XVII century. In the case of craft corporate records, we can see literally microscopic changes - the appearance of cheap spices, sugars, inexpensive imported wines in the diet of burghers, which were markers of sluggish economic changes
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Arnab, Ahnaf Tahmid, and Md Sanwar Siraj. "Child Marriage in Bangladesh: Policy and Ethics." Bangladesh Journal of Bioethics 11, no. 1 (September 17, 2020): 24–34. http://dx.doi.org/10.3329/bioethics.v11i1.49193.
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Bangladesh is a Muslim-majority society with more than 163 million people. Most Bangladeshis hold the ideals of Islamic norms and values which is manifest in all sorts of socio-cultural behaviour. In reference to such values, the tradition of legitimizing child marriage in Bangladesh is the issue that needs to be addressed in a holistic yet rigorous approach. Currently Bangladesh ranks 4th in the world and 1st in Asia in terms of child marriage. Recently the Child Marriage Restraint Act 1929 has been abolished and it has been replaced by the Act of 2017 preserving article 2 of the previous statute, the legal age for marriage for a boy 21 and for a girl 18. This Act adds article 19 which legalizes minors (below 18 years of age) to be married off with the consent of the parents/guardians at the presence of a magistrate under “special circumstances” deemed with securing the best interest for them. The law artfully coincides with the Muslim Marriage Law which allows participants of 15 years and above to get legally married and as such contradicts the international law and the Act of 2017 itself. In the West intimate relationships including extra-marital cohabitation before reaching 18 years of age are culturally accepted. In contrast, such extra-marital and intimate relationships are strictly prohibited in Muslim-majority societies, which are dearly adhered in Bangladeshi Muslim culture. This study examines how the religious cultural and socio-economic realities influence child marriage practice in Bangladesh. Along with secondary documents, we interviewed 22 individuals including the Deputy Commissioner, the District Women and Children Affairs Officer, elected Union Parishad Chairman and Members, Social Workers, married couples and their parents/guardians at Manikganj district. In addition, we also conducted a mass survey with 62 randomly selected participants, and a voluntary online survey where the opinion of another 53 young students were collected to find broad opinion. We also collected stories of how marriages take place at the rural, urban and sub-urban areas in Bangladesh. The study has revealed that Bangladeshis does not support marriage at early ages but socio-economic reality often pushes poor into getting their children married at early ages. Many view that the special provision may encourage child marriage in the country. This study suggests that the government of Bangladesh should redefine public policy in regard to finding a middle ground between Islamic ethics and international values by exploring isomorphic mimicry and other socio-culturally accepted measures with a view to abolishing child marriage successfully.
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Pak, Hyoŭn. "Words and Images Representing Real Places : Chŏng Sŏn’s Picture of the Thousand Buddhas Rocks and Pictures of the Terrace of Splendid Waves." Korean Journal of Art History 317 (March 31, 2023): 5–43. http://dx.doi.org/10.31065/kjah.317.202303.001.
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This paper reveals the location depicted in Picture of the Thousand Buddhas Rocks (千佛嵓圖, ‘Ch’ŏnburamdo’), the last unidentified image in Album of Famous Sights of East Kangwŏn Region (關東名勝帖, ‘Kwantongmyŭngsŭngch’ǒp’) by famous Korean painter Chǒng Sǒn (鄭敾, 1676-1759), and identifies the subject of the painting as the Terrace of Splendid Waves (凌波臺, ‘Nŭngp’adae’) in present-day Tonghae City. The location of the painting’s subject can be derived from the evidence of Chǒng Sǒn and other well-known figures’ visitation to the scenic spots in the vicinity of Samch’ŏk during the Chosŏn Dynasty. Chǒng Sǒn’s painting of Nŭngp’adae as Ch’ŏnburamdo and the evidence of his visitation, including two rock epigraphs (one on the left side of Yongch’u Waterfall, the other beside a flat boulder known as “Murŭngpansŏk”), as well as the large quantities of poetry and prose detailing and praising the beauty of ‘Nŭngp’adae’, were largely unknown until now. The aim of this paper is to examine from iconographic and painting subject perspectives the region and location depicted in Ch’ŏnburamdo, and to analyze the process of representation in 18th-19th century visuals in regard to the famous sights of the East Kangwǒn Region, thus confirming the location of Ch’ŏnburamdo as Nŭngp’adae and further deepening the understanding of Chǒng Sǒn and other late Chosŏn painters. First, a literature review inspecting the validity of Ch’ŏnburam’s location in the existing research will be conducted, through which two potential candidates for the location of Ch’ŏnburam – Haegŭmgang and Nŭngp’adae – will be examined in terms of their place specific characteristics vis-a-vis Ch’ŏnburamdo. Next, the depictions of the scenic sights in the East Kangwŏn region by Chǒng Sǒn and other 18-19th century Korean painters will be discussed with a focus on the famous east coast locations depicted in 9 paintings in Kwantongmyŭngsŭngch’ǒp. The establishment of these locations as icons and imagery of landscape painting subjects as well as the progressions and changes of these depictions will also be detailed. Also, it can be derived that interactions with Lee Pyǒngyǒn, the magistrate of Kŭmhwa in the early 1710’s and who would later govern the entire Samch’ŭk region in the early and mid-1730’s, were decisive motivations for the representations of East Kangwǒn’s famous locations. It can also be derived that Chǒng Sǒn would record landscape sketches at every available opportunity so that these sketches could be used in the creation of new paintings. These sketches are also the key foundation of the proposition of the existence of Nŭngp’adaedo – a drawing of Nŭngp’adae by Chǒng Sǒn. Lastly, the source painting of Ch’ŏnburam (Nŭngp’adae) in Chǒng Sǒn’s painting sketches explains how Kwǒn Sinŭng’s later imitation painting of Chǒng Sǒn’s work, Nŭngp’adaedo, resembles Ch’ŏnburamdo in both form and structure, why thousand buddhas – the rocks’ namesake – is mentioned in Kwǒn Sǒp’s poetry and prose of the same imitation painting, and how Lee Yunyǒng created a new Nŭngp’adaedo as a way to diverge from Chǒng Sǒn’s influence. As a result, we can conclude that in the 1730’s and early 1740’s, Chǒng Sǒn painted Ch’ŏnburamdo (Nŭngp’adaedo), which then inspired Kwǒn Sinŭng in 1744 and Lee Yunyǒng in the 1750s to paint their own versions of Nŭngp’adaedo. It can also be concluded that, in 1788 and beyond, Kim Hongto and his followers would paint new versions of Nŭngp’adaedo as a continuation of this artistic flow. Until now, visual recreations of Nŭngp’adae were viewed mainly from the perspective of Kim Hongto’s work and without understanding how Chǒng Sǒn’s work and influence impacted future generations of this piece. But now, Chǒng Sǒn and Kim Hongto’s Ch’ŏnburamdo and Nŭngp’adaedo can be placed side-by-side in the history of true-view landscapes. Additionally, the imagery of these paintings, including the iconic Ch’ottaepawi Rock, rocky coastal cliffs and hills, pine forests, and staffage have now also been clearly identified. Thus, for future identifications of regions, places, and time periods in landscape paintings, this paper calls for specific attention to be paid to how text can be more subject to change than imagery vis-à-vis the conveyance of the characteristics of a region or location in a landscape; how the similarities in imagery between works in a clear chronological era can provide more conducive evidence than a written document or record; and how, despite the aforementioned points, text can still be a decisive force in identifying the real locations of landscapes, such that a more minute discussion of the historical reality of the subject, imagery, and artistic context of landscape paintings can be theorized.
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Broeyer, F. G. M. "De Irenische Perkins-Vertaling Van De Arminiaan Everard Booth (1577-1610) 1." Nederlands Archief voor Kerkgeschiedenis / Dutch Review of Church History 71, no. 2 (1991): 177–209. http://dx.doi.org/10.1163/002820391x00195.
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AbstractBooth's Translation of an Irenical Perkins-Book In 1604 the Utrecht minister Everard Booth (1577-1610) published a translation of William Perkins' 'A Reformed Catholike'. Because of this translation, biographical dictionaries and other literature say that he must have agreed more or less with the predestinarian views of Franciscus Gomarus. In the conflict between Franciscus Gomarus and Jacobus Arminius, Perkins played an important part. He owes this to Arminius, who wrote a book against him and utterly disliked his ideas on predestination, the certainty of faith and final perseverance. The problem is that Booth attended the Conventus Praeparatorius (1607), a meeting meant for the preparation of a national synod. Here he agreed with Arminius on the question of whether the Belgic confession ought to be revised or not. In 1610, the year of his death, Booth's position raises even less doubt. He proved himself to be an Arminian. So his translation of Perkins might point to a change in his outlook or to a moderate stand. However, there is a better solution to the riddle of how a potential Arminian could like Perkins. Perkins' 'A Reformed Catholike' (1597) is an item in the syllabus of irenical writings, released by the French diplomat Jean Hotman in 1607 and extended later on. Utrecht was a former cathedral city which still had a high percentage of Roman Catholic inhabitants. Presumably Booth's attention was drawn to 'A Reformed Catholike' because of its irenical character. He may have considered the book as a means to bring his Catholic fellow citizens to other thoughts. In the same year, 1604, a second Dutchman, Vincent Meusevoet, translated 'A Reformed Catholike' too. He published it together with a translation of a highly polemical book written by Perkins, 'A Warning against the Idolatrie of the Last Times'. Booth did not do things in this way. Incidentally, he took a Latin edition of Perkins' book as his source, not the original English work, as Meusevoet did. 'A Reformed Catholike' is, indeed an irenical treatise. Perkins started his chapters with a discourse on the issues agreed on among Catholics and Protestants. Especially illustrative is the sixteenth chapter dealing with the faith. In the first part of this chapter, devoted to the common elements, he discussed his favourite theme for bruised consciences, namely that a small portion of faith, a faith as a grain of mustard seed, is sufficient in the eyes of God for salvation. So Roman Catholics who desired to believe could assume that they would be children of God, according to Perkins. As a matter of course, nobody was entitled to be satisfied with a small sparkle of faith: man had to aim at an increasing faith. Yet the 'infolded faith' really had a great importance according to Perkins. He showed himself open to the Roman Catholics on a central point in his theological thinking. Booth must have felt attracted to thoughts like those mentioned in 'A Reformed Catholike'. He was an irenical theologian. In the Dutch predestinarian conflict, the irenicists often turned out to be Arminians later on. Notwithstanding his English example Booth's irenical feelings placed him alongside the Arminians with their less unquestioning ideas. One indication of Booth's gifts as an irenicist is what became of the Utrecht Reformed community after his arrival (1602). For many years it had been in a state of turmoil. There were many people who steadfastly refused to go to church in Utrecht. They blamed the Consistory because it danced to the piping of the magistrate. After his arrival the situation improved. During his ministry (1602-1610) the Utrecht church enjoyed a period of peace. This may be mainly due to his influence. Booth was a pupil of the Leiden professor Franciscus Junius, the author of the 'Eirenicum de Pace Ecclesiae Catholicae'. Junius tried to mediate between the religious parties in Utrecht from 1593 onwards. Everard Booth followed in his footsteps.
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Agustina, Enny. "PERAN OMBUDSMAN REPBULIK INDONESIA DALAM PENYELESAIAN MALADMINISTRASI DI INDONESIA." Rechtsregel : Jurnal Ilmu Hukum 1, no. 2 (January 29, 2019). http://dx.doi.org/10.32493/rjih.v1i2.2221.
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ABSTRACT Keberadaan Ombudsman di berbagai negara modern, terutama negara-negara Kesejahteraan (Negara Kesejahteraan) adalah tonggak yang menjadi tumpuan harapan masyarakat atau warga negara untuk membela hak-hak mereka yang dirugikan oleh tindakan pejabat administratif karena keputusan dikeluarkan. Ombudsman diperlukan untuk menangani penyalahgunaan wewenang oleh pejabat pemerintah dan pada saat yang sama membantu aparat negara untuk melaksanakan administrasi negara secara efisien dan adil. Ombudsman akan mendorong pemegang kekuasaan negara untuk menjalankan akuntabilitas dengan benar. Implementasi Undang-undang tentang Ombudsman Republik Indonesia adalah salah satu terobosan revolusioner dan inovatif dalam sistem hukum di Indonesia. Administrator pemerintah yang melakukan tindakan maladministrasi dan direkomendasikan oleh Ombudsman Indonesia wajib menerapkan rekomendasi ini. Ombudsman tidak hanya menjadi institusi pengaruh dalam pelayanan publik (Magistrature of influence), tetapi juga sebagai lembaga yang memberlakukan sanksi (Magistrature of sanction). Seperti dalam pertimbangan UU No. 37 tahun 2008 tentang Ombudsman Republik Indonesia yang menyatakan bahwa pelayanan kepada masyarakat dan penegakan hukum yang dilaksanakan dalam konteks administrasi negara dan pemerintahan merupakan bagian integral dari upaya menciptakan yang baik, bersih dan pemerintahan yang efisien untuk meningkatkan kesejahteraan dan menciptakan keadilan dan kepastian hukum bagi semua warga negara sebagaimana dimaksud dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Kata Kunci: Administrasi Mal, administrator pemerintah, layanan publik.
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Dreyer, W. A. "Enkele teorie, aspekte van Theodore soos verwoord in sy tuum' ." HTS Teologiese Studies / Theological Studies 52, no. 4 (January 11, 1996). http://dx.doi.org/10.4102/hts.v52i4.1587.
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Some aspects of Theodore Beza's political theory in his 'Deiure magistratuum' Beza's 'De iure magistratuum' had, directly or indirectly, a great influence on the development of political theory in Western Europe. In this paper the historical background of the 'De magistratuum' is discussed, as well as basic political concepts which form the basis of Beza's political theory, such as the origin of government and law, political contract and covenant, political pluralism, the right to resist government, justice, democracy, the priority of the people over government and rule of law.
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Llewelyn Curlewis and Willem Gravett. "SHOULD MAGISTRATES TAKE DOWN CONFESSIONS?" Obiter 43, no. 2 (July 12, 2022). http://dx.doi.org/10.17159/obiter.v43i2.14325.
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Section 217(1) of the Criminal Procedure Act 51 of 1977 (the Act) sets forth the requirements for the admissibility of a confession made by any person in relation to the commission of an offence. Section 217(1)(a) provides that where a confession is made to a peace officer who is not a magistrate or a justice of the peace, such a confession must be confirmed or reduced to writing in the presence of a magistrate. Pursuant to section 217(1)(b), where a confession has been made to a magistrate or has been confirmed and reduced to writing in the presence of a magistrate, it is deemed to be admissible in evidence upon mere production (ss (b)(i)); and presumed, unless the contrary is proved, that the accused made the confession freely and voluntarily, while she or he was in her or his sound and sober senses, and without having been unduly influenced in making it (ss (b)(ii)).In S v Zuma (1995 (1) SACR 568 (CC)), the Constitutional Court found that section 217(1)(b)(ii) of the Act violated the right to a fair trial as embodied in section 25(3) of the Constitution of the Republic of South Africa, 1996 (the Constitution). It is a longstanding principle of both English and South African law of evidence that the state bore the burden of proving that any confession on which it wished to rely was freely and voluntarily made. Section 217(1)(b)(ii) of the Act placed on the accused the burden of proving on a balance of probabilities that a confession made to or recorded by a magistrate was not free and voluntary. This section, therefore, created a legal burden of rebuttal on the accused – a so-called “reverse onus”.The court held that the common law rule requiring the state to prove that a confession was made freely and voluntarily, was integral and inherent in the right to remain silent after arrest, the right not to be compelled to make a confession, and the right not to be a compellable witness against oneself. These rights are the necessary reinforcement of the principle that the prosecution must prove the guilt of the accused beyond reasonable doubt. Reversing the burden of proof seriously compromises and undermines these rights. The court thus declared that section 217(1)(b)(ii) of the Act violated the provisions of the Constitution of the Republic of South Africa, 200 of 1993 (the interim Constitution) and was invalid.In the authors’ view, with the Constitutional Court’s decision in Zuma, the principal rationale for sections 217(1)(a) and (b) of the Act seems to have fallen away. After all, the main reason to specifically provide for a confession made to or reduced to writing by a magistrate would be to ease the process of admissibility of such a confession without the need to test its admissibility at a trial-within-a-trial. After Zuma – whether a confession was made to or reduced to writing by a magistrate or not – if the accused contests the admissibility of the confession, the presiding magistrate must hold a trial-within-a-trial in which the state bears the onus of proving the admissibility of the confession on a balance of probabilities.This raises a possibility that did not exist prior to Zuma, namely that a magistrate to whom a confession was made or who reduced it to writing can be called as a witness by the state in a trial-within-a-trial. The authors question whether it is conducive to central tenets of the judicial function – independence and impartiality – for magistrates to take confessions at all, and thus be required to testify in any matter in which accused persons challenge confessions taken down by magistrates.
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Kumar, Vijay. "Life of a Dalit magistrate: Ideologies and politics in Dalit life in North India, 1920–1954." Modern Asian Studies, March 28, 2023, 1–32. http://dx.doi.org/10.1017/s0026749x2200035x.
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Abstract This article discusses Chaudhari Mulkiram (April 1910–August 1954) and the contesting ideologies, memories, histories, and socio-political conditions surrounding his career from the 1920s to the mid-1950s. Mulkiram belonged to the Dhangar, a sub-caste of the Khatik caste in Meerut. He was the first Dalit of the United Provinces (UP) who qualified for the Public Service Commission in 1939. This article shows his socio-religious and socio-political relations and responses to the Arya Samaj, Congress, and Scheduled Caste Federation. It reveals how the representatives of these agencies portrayed his life and work. This article also discusses how his relations and responses helped and influenced his caste members in the western UP. It argues that the Arya Samaj, Harijan Sevak Sangh, and Congress used the first generation of Dalit civil servants like Mulkiram to cultivate local leaders and to mobilize local Dalits, peasants, labourers, and villagers to act in their political interests against Ambedkar’s movement. Hence, in the 1940s and early 1950s, Mulkiram presented himself as a Gandhi bhakt, Jan Neta (public leader), and Sanyasi (household monk and socio-religious reformer).
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Williams, Kerry. ""Dip me in chocolate and throw me to the lesbians": Homophobic hate crimes, the state and civil society." South African Crime Quarterly, no. 42 (March 8, 2016). http://dx.doi.org/10.17159/2413-3108/2012/v0i42a833.
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This article describes some of the shortcomings in the prosecution of a homophobic hate crime as well as a non-governmental organisation’s attempt to influence the sentencing of the perpetrators. The fact that an NGO believed it was necessary to intervene in a criminal case, was allowed to lead evidence, demonstrated the harmful effects of homophobic hate crimes and made arguments that these effects should be used in aggravation of sentence, suggests that NGOs may take on a new proactive roll in the prosecution of crimes involving some forms of prejudice. The NGO was unsuccessful in that the magistrate ultimately passed a lenient sentence, in the form of correctional supervision. The sentence included a condition that the perpetrators participate in ‘awareness programmes of gays and lesbians’, conducted by civil society rather than the state. In so doing, the court missed an opportunity to respect, protect, promote and fulfil the rights of gays and lesbians.
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Ratto Trabucco, Fabio. "L’evoluzione del sistema di governo della Macedonia del Nord fra instabilità strisciante e transizione permanente (The evolution of the government system of Northern Macedonia between “slithering” instability and permanent transition)." Oñati Socio-Legal Series, November 26, 2020. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1097.
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La Macedonia del Nord è un caso peculiare all’interno dell’ex Jugoslavia e nel processo di adesione all’UE per le ben note implicazioni geopolitiche: la minoranza albanese e la denominazione, ambedue solo recentemente superati. Emerge tuttavia un sistema di governo semipresidenziale non dissimile da quello degli altri Paesi dell’Europa centro-orientale, che, trascendendo il classico modello di Duverger, si connota per una predominanza della centralità parlamentare opposta al Capo dello Stato senza significativi poteri costituzionali. Solo un Presidente con una forte personalità sembra essere in grado di influenzare l’azione di governo, attraverso il suo potere di magistrato di influenza e persuasione. D’altro canto, il decennio del Primo Ministro nazionalista Gruevski è stato caratterizzato dall’autoritarismo con un regime ibrido ovvero democrazia illiberale. Pertanto, le condizioni politiche, istituzionali, storiche e interetniche del Paese non favorirono l’evoluzione del sistema semipresidenziale verso un modello a “Presidente forte”. Northern Macedonia is a typical example of instability within the former Yugoslavia due to the well-known geopolitical implications: the Albanian minority and the denomination, both of which have only recently been overcome. However, a semi-presidential system of government emerges that is not dissimilar from other Central-Eastern European countries, which, transcending the classic Duverger model, is characterized by a predominance of parliamentary centrality opposed to the Head of State without significant constitutional powers. Only a President with a strong personality appears to be able to influence government action, through his power as a magistrate of influence and persuasion. Otherwise, the nationalist Gruevski’s Prime Minister decade was characterized by authoritarianism with a hybrid regime or an illiberal democracy. Thus, the political, institutional, historical and interethnic conditions of the country did not, therefore, favor the evolution of the semi-presidential system towards a “strong President” model.
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Kricheli‐Katz, Tamar, and Keren Weinshall. "Judging fast or slow: The effects of reduced caseloads on gender‐ and ethnic‐based disparities in case outcomes." Journal of Empirical Legal Studies, September 15, 2023. http://dx.doi.org/10.1111/jels.12363.
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AbstractWhat is the effect of caseload volume on case outcome disparities based on a litigant's gender or ethnicity? This paper presents three nonexclusive mechanisms to explain possible effects. The first mechanism relates to a litigant's inclination to settle or withdraw claims; the second mechanism concerns the strategic preemption of appeals by judges; and the third mechanism relates to the implicit biases of judges. To document the effect and test the mechanisms, we exploited a natural, near‐randomized experiment in the Israeli judicial framework. In 2012, six senior registrars were appointed to two of the country's six magistrate court districts. The choice of districts was not related to judicial performance. In these two districts, the civil caseload per judge was substantially reduced. We find that while this reduced caseload had a significant impact on the judicial process for all litigants, it had a particularly salient and beneficial effect on outcomes for female and Arab plaintiffs. The exogenous reduction in court caseloads was associated with positive effects for female Jewish plaintiffs in terms of the likelihood of winning the claim, recovery amount (from the claim), and cost‐shifting outcomes. The change was also associated with positive effects for Arab female plaintiffs in terms of the likelihood of winning the claim and the recovery amount (from the claim). Finally, the reduction in caseloads was associated with a positive effect for Arab male plaintiffs in terms of the fraction of the claim that was recovered. Our findings suggest that when judges are able to invest more time and resources in resolving individual cases, they tend to be less influenced by stereotypes about gender and ethnicity. We discuss the contribution of our findings to the literature on judicial bias and the implications for different policies designed to reduce or manage congested courts.
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"Le Code Civil Et L'Europe : Influences Et Modernite - Strasbourg, Palais de l'Europe, 21 et 22 octobre 2004 - Colloque organise par le Conseil de l'Europe en partenariat avec la Cour de cassation et le ministere de la justice francais et avec le soutien de l'Ecole Nationale de la Magistrature francaise." Uniform Law Review - Revue de droit uniforme 9, no. 2 (April 1, 2004): 410–12. http://dx.doi.org/10.1093/ulr/9.2.410.
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