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Full-Text Articles in Law
Juries Reborn, Mark Findlay
Juries Reborn, Mark Findlay
Research Collection Yong Pung How School Of Law
In most states and territories in Australia the impact of the jury on criminal justice is being systematically and radically eroded by the expansion of summary jurisdiction.
Misunderstanding Corruption And Community: Comparative Politics Of Corruption Regulation In The Pacific, Mark Findlay
Misunderstanding Corruption And Community: Comparative Politics Of Corruption Regulation In The Pacific, Mark Findlay
Research Collection Yong Pung How School Of Law
This paper will take as its empirical foundation the author’s experience of corruption and regulation in small Pacific island states. The argument is that notions of corruption and strategies for its regulation suitable for modernized societies, which lack cultural specificity and community engagement, may in fact stimulate corruption relationships in transitional cultures. The other consequence of the imposition of inappropriate definitions and regulation strategies is a profound misunderstanding of communities of dependence. In fact, corruption control can misconstrue and exacerbate economic and political dependence environments, fostering the conditions for corruption which accompany socio-economic development. Two remedies are suggested. First, corruption …
Emerging International Criminal Justice, Mark Findlay, Clare Mclean
Emerging International Criminal Justice, Mark Findlay, Clare Mclean
Research Collection Yong Pung How School Of Law
International criminal justice is sufficiently well established to merit an overview of its origins and institutional development. This paper starts out by identifying the institutional indicia of international criminal justice and their close connection to the development of international human rights protections. Underlying these structural and process signposts is some controversy regarding their motivations. Has formal international criminal justice emerged in response to novel and genuine concerns for the safety of humanity, or is it a manifestation of global governance priorities in post conflict scenarios, regional and international?
Terrorism And Relative Justice, Mark Findlay
Terrorism And Relative Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
Terrorist violence and violent justice responses have much in common. While contextually dependant, both forms of violence lay claim to contested legitimacies. The relationships between terrorism and justice responses require both theoretical and empirical examination if the prospects for controlling the violence they perpetrate is to be sharpened.