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Full-Text Articles in Law

Law's Autonomy, Ashok Agrwaal Sep 2007

Law's Autonomy, Ashok Agrwaal

Ashok Agrwaal

Like entropy, autonomy exists. As such, the existence of autonomy does not need any law or laws, beyond itself and its nature. Autonomy can, therefore, be said to be an "original" state of human kind; or at least of the individual. Law, which is frequently seen as preserving/ maximising/ conferring autonomy is actually a device to usurp autonomy. The paper looks at a specific example of how the nation-state, the most powerful usurper of autonomies created till date, arrogates autonomy to itself, in the name of ‘public interest’. Needless to say, in the hands of the state, autonomy translates into …


A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Ii, Methodology), Ashok Agrwaal May 2007

A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Ii, Methodology), Ashok Agrwaal

Ashok Agrwaal

This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …


A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 - 2005 (Chapter-I, Introduction), Ashok Agrwaal May 2007

A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 - 2005 (Chapter-I, Introduction), Ashok Agrwaal

Ashok Agrwaal

This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …


A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Iv, The Petitions), Ashok Agrwaal May 2007

A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Iv, The Petitions), Ashok Agrwaal

Ashok Agrwaal

This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …


A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-V, The Narratives), Ashok Agrwaal May 2007

A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-V, The Narratives), Ashok Agrwaal

Ashok Agrwaal

This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …


A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Iii, The Arrest), Ashok Agrwaal May 2007

A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Iii, The Arrest), Ashok Agrwaal

Ashok Agrwaal

This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …


Medical Error As Reportable Event, As Tort, As Crime: A Transpacific Comparison, Robert B. Leflar, Futoshi Iwata Dec 2004

Medical Error As Reportable Event, As Tort, As Crime: A Transpacific Comparison, Robert B. Leflar, Futoshi Iwata

Robert B Leflar

All nations seek to reduce the human toll from medical error, but variations in legal and institutional structures guide those efforts into different trajectories. This article compares legal and institutional responses to patient safety problems in the United States and Japan, addressing developments in civil malpractice law (including discoverability of internal hospital documents), administrative practice (including medical accident reporting systems), and - of particular significance in Japan - criminal law. In the U.S., battles over rules of malpractice litigation are fierce; tort law occupies center stage. The hospital accreditation process plays a critical role in medical quality control, and peer …


Functional Democracy: Responding To Failures Of Accountability, Molly K. Land Dec 2002

Functional Democracy: Responding To Failures Of Accountability, Molly K. Land

Molly K. Land

No abstract provided.