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Full-Text Articles in Law and Society
Judicial Off-Bench Resistance In Post-Revolution Tunisia, Farah Tolu-Honary
Judicial Off-Bench Resistance In Post-Revolution Tunisia, Farah Tolu-Honary
Independent Study Project (ISP) Collection
Since the populist Kaid Said has risen to the office of the presidency in Tunisia, the country has been experiencing its largest threat to its hard-fought democracy since the 2011 Revolution. In this paper, I argue that Tunisian judges have utilized off-bench resistance tactics to protect their own autonomy from executive encroachment. I find that judges’ strikes are the dominant form of off-bench resistance. I explain this by looking at the relationships that judges’ unions maintain with other civil society organizations and unions, particularly the UGTT. I argue that the post-revolutionary environment, the strong union culture in Tunisia, and the …
Law Versus Action: How Five Cape Town Organizations Are Combating High Rates Of Sexual Assault And The Failure Of Progressive Sexual Offences Legislation, Anna Tinker
Independent Study Project (ISP) Collection
This Independent Study Project (ISP) seeks to understand the work various Cape Town organizations are doing to help survivors of sexual assault gain access to justice. Previous research finds that social norms defining masculinity as well as rape myths and stereotypes lead to the high levels of gender-based violence (GBV) in South Africa. This research led to my hypothesis that organizations fighting GBV would target these norms to help survivors access the justice system that so frequently ignores them. Eight organizations were contacted requesting an interview to discuss their work and two agreed to participate. Participants were asked to discuss …
Systems Of Crime And Castigation: A Reevaluation Of The Punishment Bureaucracy, Lia Pikus
Systems Of Crime And Castigation: A Reevaluation Of The Punishment Bureaucracy, Lia Pikus
Independent Study Project (ISP) Collection
Models of reform within the criminal justice system often operate from a top-down perspective, affecting change on surface levels to attempt to better the system. One example of such a reform is Scotland’s Presumption Against Short Sentences. These kinds of changes, as I will illustrate in this paper, both fall short of achieving genuine change and often produce negative side effects. However, a few countries have made deeper changes to the ways their systems both view and handle crime and punishment; one such system is Norway. Through rehabilitation and restorative justice, Norway has greatly decreased rates of recidivism, increased social …
Criminalizing The Other: Exploring The Impact Of The Netherlands' Adaptation Of Prosecutorial Guidelines On Sentencing Disparities, Alia Nahra
Independent Study Project (ISP) Collection
This research explores the impact of the 2015 institution of prosecution guidelines in the Netherlands. Prior to this switch, the Openbaar Ministerie operated using a punishment point system, which provided a mathematical formula with which to decide sanctions. Though the motivation of this change was to make the overall system more efficient and enable individual prosecutors to consider each case in a customizable and more equitable form, this research demonstrates that the change has served instead as a perpetuator (and in some cases, facilitator) of the persistent ethnic and gender biases already at work in the Netherlands. The social and …
Divorce Experiences: What The 2004 Moudawana Does And Does Not Do For Women In Morocco, Beatrice March
Divorce Experiences: What The 2004 Moudawana Does And Does Not Do For Women In Morocco, Beatrice March
Independent Study Project (ISP) Collection
In 2004, the parliament amended the original Moudawana, or Family Code, from 1958. Among the changes, they altered the laws regarding divorce. The 2004 Moudawana included new provisions for women to obtain divorces in an attempt to create more progressive and equitable laws. The process of divorce, however, is still unequal for men and women. Despite women’s social conditions improving under the 2004 Moudawana, discrimination against women within the Moroccan legal system continues to prevent women from accessing their rights. A complex legal system and general lack of knowledge about the law create an overwhelming experience for women who do …
Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson
Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson
Capstone Collection
In 1860, British colonizers codified Section 377 into the Indian Penal Code. 377 is an anti-sodomy law based on Victorian/Judeo-Christian values which criminalizes homosexuality through judicial interpretation and the manipulation of ambiguous language. On August 15th, 2017, India celebrated 70 years of independence from British control, yet 377 still exerts oppressive control over the safety and freedom of Indian LGBTQI communities. Defining queerness as perversion has caused LGBTQI individuals to become victims of false accusations, blackmail, harassment, housing and workplace discrimination, familial rejection, forced “conversion therapy”, assault, rape, torture, and even murder because of this power imbalance and …
The Complex Combatant: Constructions Of Victimhood And Perpetrator-Hood In Gulu District, Northern Uganda, Kyra Fox
Independent Study Project (ISP) Collection
In the wake of the Lord’s Resistance Army (LRA) conflict in Northern Uganda, both the local and international community struggle to define the “victims” and “perpetrators” of a conflict that transformed ordinary civilians into combatants. Made up primarily of child soldiers, the LRA forcefully abducted and conscripted children across Northern Uganda to fight in a guerilla war against the Ugandan government. LRA members were forced to murder their own families and terrorize their home villages in an attempt to disorient and desensitize them to lives of violence. Some became willing, even eager fighters; others struggled daily to live with their …
Human Rights At The Border: European-Union—Moroccan Relations In The Wake Of The 2013 Migratory Policy, Anashua Dutta
Human Rights At The Border: European-Union—Moroccan Relations In The Wake Of The 2013 Migratory Policy, Anashua Dutta
Independent Study Project (ISP) Collection
Morocco’s border with the Spanish enclaves of Ceuta and Melilla has brought the country into direct relations with the European Union (EU) on the issues of border control and migration. In response to the growing human rights violations towards migrants and refugees enumerated in the Conseil Nationale des Droits de l’Homme’s (CNDH) 2013 report, King Muhammad VI passed a migratory policy that emphasized preservation of human rights within Morocco’s borders. This study examines the effects of Morocco’s relationship with the EU on the implementation of the human-rights aspects of Morocco’s 2013 migratory policy. Using the semi-structured interview approach, I will …
La Implementación De La Ley N° 26.485 En El Sector De Salud Pública En La Ciudad De Buenos Aires, Meredith Greene
La Implementación De La Ley N° 26.485 En El Sector De Salud Pública En La Ciudad De Buenos Aires, Meredith Greene
Independent Study Project (ISP) Collection
A través de todos los siglos, ha existido la violencia contra las mujeres. Las causas de esta violencia son extensivas y tienen raíces en estructuras de ideología, cultura y género incrustadas en sociedades de todo el mundo. Hasta fines del siglo veinte, la violencia contra las mujeres era vista como un tema privado, de la familia, vivido puertas adentro, en forma independiente en cada hogar. Sin embargo, a través de las últimas décadas, muchos cambios ideológicos y socioculturales han trasladado el problema de la violencia contra las mujeres a la escena pública. En el año 2009, Argentina creó una ley …
Placeness: Mongolia A Call For The Creation Of A Human Impact Assessment, C. Winston Kies
Placeness: Mongolia A Call For The Creation Of A Human Impact Assessment, C. Winston Kies
Independent Study Project (ISP) Collection
Sense of place, place-‐based identities, and “placeness” are fundamental ways through which human beings understand their physical place in the world. The means by which most Mongolians—and indeed most human beings—strive for placeness is fairly simple. First, one decides what location will become their place. Their place may be predetermined (i.e. a birthplace) or chosen (based on the wildlife, the scenery, the neighborhood, etc.). Once one has a place, sense of place necessarily follows. One’s place becomes the standard by which locations are understood, and by which one understands oneself. The latter process constitutes the formation of place-‐based identities, which …