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Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay
Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay
Research Collection Yong Pung How School Of Law
A unique characteristic of prosecutorial discretion in Japan is the formal practice of suspension. From the later part of last century, public prosecutors were presented with the discretionary option of waiving or suspending prosecution dependent on certain conditions.
Police Authority, Respect And Shaming, Mark Findlay
Police Authority, Respect And Shaming, Mark Findlay
Research Collection Yong Pung How School Of Law
This paper explores structures of police authority which seek legitimacy though consensus and respect within the ideology of community policing. Respect may be presented as one of the principal, voluntary bonding relationships within any community, and is proposed as a key to analysing the prevention and control potential of policing strategies. Shaming comes into the picture as an indicator of the impact of police authority within different community/cultural settings. While reintegration makes sense in terms of community symbolism, the significance of policing as part of the reintegrative process depends on its status and interaction with community interests.
Sales Of Goods Issues: Introduction, Howard Hunter
Sales Of Goods Issues: Introduction, Howard Hunter
Research Collection Yong Pung How School Of Law
No abstract provided.
The Duty Of Good Faith And The Security Of Performance, Howard Hunter
The Duty Of Good Faith And The Security Of Performance, Howard Hunter
Research Collection Yong Pung How School Of Law
John Carter's paper provides a good discussion of many fundamental problems associated with the satisfactory enforcement of contractual obligations. In reviewing the various subtopics of the conference, he posits a scale of 'security' for performance that runs from simple reliance on the promisor's word to that of the chattel or real property mortgage with maximum rights of self-help in the promisee. In this commentary on his paper, I will argue that the greatest security for any promisee remains the word of the promisor and that this is so for reasons beyond those of honour. First, the duty of good faith …
The Ambiguity Of Accountability: Relationships Of Corruption And Control, Mark Findlay
The Ambiguity Of Accountability: Relationships Of Corruption And Control, Mark Findlay
Research Collection Yong Pung How School Of Law
Corruption is a relationship of power and influence, existing within, and taking its form from specific environments of opportunity. Opportunity is, in turn, designated by the aspirations for such a relationship, and structures and processes at work towards its regulation. Both the creation and blocking of corruption opportunities are consequences of corruption control. Corruption regulation does not progress from prevention ideology to operational strategies in terms of total control, and therefore the regulatory space within which corruption and control interact becomes a construction of dependence.
Convergence And Divergence – A Preliminary Comparative Analysis Of The Singapore And Hong Kong Legal Systems, Andrew B.L. Phang
Convergence And Divergence – A Preliminary Comparative Analysis Of The Singapore And Hong Kong Legal Systems, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
Both Singapore and Hong Kong are similar in very many respects: both are city states, although the former is now independent; both have legal systems that derive from English law; and both are devoid of natural resources, dependent upon the industry of their people for economic survival.
Utility, Rights And Relativity: A Preliminary Look At Lawyers In Hard Cases, Andrew B.L. Phang
Utility, Rights And Relativity: A Preliminary Look At Lawyers In Hard Cases, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
The following article was written several years ago; its objective (as the opening paragraphs suggest) was to set forth, in as simple a form as possible, the basic philosophical as well as ethical dilemmas and issues confronting lawyers. The audience initially targeted comprised practitioners. The manuscript has, however, stayed on the shelf, gathering dust. I can think of no clear reason for this. Perhaps it was because of the preachiness inherent within the purpose. Perhaps it was because it did not really add anything remarkably new to the literature on the subject - a great stumbling block to writers, despite …
Cementing The Foundations: The Singapore Application Of English Law Act 1993, Andrew B.L. Phang
Cementing The Foundations: The Singapore Application Of English Law Act 1993, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
After almost one hundred and seventy-five years since the founding of modern Singapore in 1819,' the Singapore Legislature2 has finally passed the Application ofEnglish LawAct i9933 to clarify the application of English law in the island republic. Prior to the AELA, there were numerous areas of uncertainty with regard to both the general as well as the specific reception of English law that led to a plethora of literature but little else.