Law Commons^™

Anti-Zionism In The Courts Is Not Kosher Law, Gregory L. Rose

Faculty of Law, Humanities and the Arts - Papers (Archive)

A German court in Wuppertal held last month that an arson attack on a synagogue causing fire damage was not anti-Semitism but political expression. Also in February, five youths who vandalised 300 Jewish graves and a Holocaust monument in Alsace, France, claimed that the action was not motivated by anti-Semitism.

In general, an attack specifically targeting Chinese would be considered anti-Chinese. Only in an exceptional case, it might not be. Why is the exceptional case becoming the rule for Jews, so that targeting Jews as a group is generally not anti-Jewish but “political”?

Legal artifice is being constructed to make …

The Establishment Of Juvenile Courts And The Fulfilment Of Vietnam's Obligations Under The Convention On The Rights Of The Child, Thi Thanh Nga Pham

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article situates child protection by Vietnam’s judicial bodies in relation to the requirements of the Convention on the Rights of the Child and other international instruments in juvenile justice. It demonstrates that Vietnam’s legislation and practices do not fully comply with international standards and that there remains a significant gap between the letter of the law and its implementation. Party-government policy on judicial reform, however, creates the potential for establishing juvenile courts in Vietnam. The feasibility of such juvenile courts, and the implications for Vietnam meeting its obligations under the Convention, are also surveyed.

The Prosecution Of Pirates In National Courts, Robin M. Warner

Faculty of Law, Humanities and the Arts - Papers (Archive)

The substantial rise in piracy incidents off the Horn of Africa since 2008 has exposed significant gaps in the international law framework for investigation and prosecution of piracy offences and its implementation in national criminal justice systems. This article examines the principal elements of this framework including the definition of piracy and associated obligations in the 1982 United Nations Convention on the Law of the Sea (LOSC). It reviews progress towards criminalisation of piracy offences in national legislative systems and distinctive trends in piracy legislation around the world. It also examines key features of the jurisprudence emerging from the regional …

Book Review: Desmond Manderson: Kangaroo Courts And The Rule Of Law. The Legacy Of Modernism. Routledge, Abingdon 2012., Luis Gomez Romero

Faculty of Law, Humanities and the Arts - Papers (Archive)

Kangaroo Courts represents the height of the recent work that Desmond Manderson has developed around the nexus between ‘law and literature’ and the rule of law. Manderson’s approach to this matter is unique in taking seriously both literary theory and the aesthetic aspects of literary texts—strange though it may seem, this is an authentic revolution in the field of law and literature. Manderson rightly observes that back to their very origins the discourses constructed around the conjunction of ‘law and literature’ have suffered from two structural weaknesses: first ‘a concentration on substance and plot’ and second ‘a salvific belief in …

Euis Nurlaelawati, Modernization, Tradition And Identity: The Kompilasi Hukum Islam And Legal Practice In The Indonesian Religious Courts, Nadirsyah Hosen

Faculty of Law, Humanities and the Arts - Papers (Archive)

Book review:

Euis Nurlaelawati, Modernization, Tradition and Identity:·the Kompilasi Hukum Islam and Legal Practice in the Indonesian Religious Courts, Amsterdam University Press, Amsterd,am, 2010, 304 pp.

Indigenous Sentencing Courts (Brief 5, December), Elena Marchetti

Faculty of Law, Humanities and the Arts - Papers (Archive)

This brief focuses on Indigenous sentencing courts, which operate in all Australian states and territories except Tasmania. These courts have been established according to protocols and practices, and can be distinguished from more informal practices that occur in remote areas where judicial officers travel on circuit. The first court was established in Port Adelaide on 1 June 1999. Indigenous sentencing courts do not practise or adopt Indigenous customary laws. Rather, they use Australian criminal laws and procedures to sentence Indigenous offenders who have either pleaded guilty or been found guilty, but they allow Indigenous Elders and Respected Persons to participate …

Indigenous Courts And Justice Practices In Australia, E Marchetti, Kathleen Daly

Faculty of Law, Humanities and the Arts - Papers (Archive)

Indigenous participation in sentencing procedures has been occurring informally in remote communities for some time. During the late 1990s, formalisation of this practice began in urban areas with the advent of Indigenous sentencing and Circle Courts. Formalisation has also occurred in remote areas. The aim has been to make court processes more culturally appropriate, to engender greater trust between Indigenous communities and judicial officers, and to permit a more informal and open exchange of information about defendants and their cases. Indigenous people, organisations, elders, family and kin group members are encouraged to participate in the sentencing process and to provide …

Conjectures And Exhumations: Citations Of History, Philosophy And Sociology Of Science In Us Federal Courts, Gary Edmond, David Mercer

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article examines the circumstances in which a version of Sir Karl Popper's philosophy of science became US law. Among historians, philosophers and sociologists of science, as well as legal commentators, the US Supreme Court's Daubert v. Merrell Dow Pharmaceuticals, .Inc. (1993) decision has received considerable attention. The case is significant because America's most senior court produced a definition of science (for legal purposes). This definition was authorized by the symbolic exhumation, celebration and appropriation of key elements of the philosophy of science developed decades earlier by Popper. Significantly, it was not just Popper's philosophy that was exhumed and resurrected …