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Full-Text Articles in Law
An Alternative Path To Rule Of Law: Thailand's Twenty-First Century Administrative Courts, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok
An Alternative Path To Rule Of Law: Thailand's Twenty-First Century Administrative Courts, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok
Articles & Chapters
New courts in Asia’s rapidly developing states offer an opportunity to understand how a court system takes root in a society. This article presents a case study of the development of administrative court structure, functions, and practice in Thailand: Southeast Asia’s newest system of administrative courts. The study examines why courts made sense to those who established them and how the courts’ authority is being utilized. For relatively powerless and resource-poor litigants, barriers to litigation may be many, but when these barriers are overcome, administrative courts exercise extraordinary influence, even when they fail to render a decision fully vindicating a …
From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews
From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews
Articles & Chapters
This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …
Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger
Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger
Articles & Chapters
This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …