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"Legal science"
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Forensic photography : a practitioner's guide
\"Forensic photography plays a vitally important part in the investigation of crime and the subsequent administration of justice. Written by a practitioner with many years professional experience, this book provides an overview of the most common forensic photography techniques in use today for those readers who may not have a detailed understanding of camera techniques and who need to get to grips with the use of light and other key scientific aspects of the job. It covers image capture issues, file handling and relevant equipment, such as lasers and UV lights, and explores how they work. The predominance of the digital camera has resulted in an increasing trend for police forces across the world to use untrained camera users, rather than expert photographers. Therefore, this book will prove invaluable for those practitioners who need to produce accurate and clear photographic evidence, above and beyond the point and shoot mode on their cameras. \"-- Provided by publisher.
Book
Shvaćanje pravne znanosti u suvremenoj udžbeničkoj literaturi iz pozitivnopravnih predmeta na Pravnom fakultetu Sveučilišta u Zagrebu
The paper discusses the explicitly stated understanding of legal science as it appears in compulsory course textbooks on positive law subjects at the Faculty of Law, University of Zagreb. The first part of the paper describes the research problem and posits the corresponding hypotheses, states the research aims, describes the method of qualitative content analysis, and elaborates on the content units used (themes, categories and subcategories). The second part establishes the textbooks which contain an explicit determination of a branch of legal science that they belong to, or legal science in general, and the extent to which they contain it. Furthermore, it establishes how the subject matter, objectives and methods of legal science are defined in the textbooks and whether the textbooks include interdisciplinarity as a part of legal research. The third part determines the predominant understanding of the subject matter, objectives and methods of legal science and the predominant understanding of interdisciplinarity of legal research in the analyzed course textbooks. The conclusion contains a discussion of research results, determines the extent to which the hypotheses are confirmed and highlights the possible avenues of further empirical and theoretical research on (Croatian) legal science. The research results demonstrate that the analyzed textbooks mostly contain at least an elementary determination of legal science, but differ greatly with respect to the placement, extent, and way of its elaboration. Furthermore, according to the predominant understanding, the subject matter of legal science are general legal norms. Its objectives are to describe the law, systematize it and to recommend more appropriate legislative solutions and ways of interpreting and applying it, while its methods are the dogmatic method, the comparative method, and the sociological method. Objectives and methods are mostly just mentioned, without being described and explained. Finally, less than a half of the textbooks mention that legal research includes some level of interdisciplinarity, while the predominant understanding is that interdisciplinarity consists primarily in using insights from other scientific disciplines.
Journal Article
The law of refugee status
\"The first edition of The Law of Refugee Status (published in 1991) is generally regarded as the seminal text on interpreting the refugee definition set by the UN's 1951 Refugee Convention. Its groundbreaking analysis served as the bedrock for not only much judicial reasoning, but also for a burgeoning academic literature in law and related fields. This second edition builds on the strong critical focus and human rights orientation of the first edition, but undertakes an entirely original analysis of the jurisprudence of leading common law and select civil law states. The authors provide robust responses to the most difficult questions of refugee status in a clear and direct way. The result is a comprehensive and truly global analysis of the central question in asylum law: who is a refugee?\"-- Provided by publisher.
Book
Balancing the Right to Strike and Other Public Interests: The Importance of the Status of the Right to Strike
The regulation of strike action involves the balancing of competing public interests - the benefits derived from collective bargaining and the right to strike and others including public safety, health, welfare, and industrial peace. We explore how this balancing act plays out in the legal systems of two national jurisdictions, Australia and Sweden, and through the ILO principles on freedom of association as developed by the ILO's supervisory bodies. We seek to understand how different regulatory approaches to these competing public interests produces different outcomes and the potential consequences where protecting other public interests is prioritised over the right to strike.
Journal Article
Refugee law's fact-finding crisis : truth, risk, and the wrong mistake
\"Which mistake is worse: to deny a refugee claim that should have been granted, or to grant a claim that should have been denied? The law that governs fact-finding in any legal domain is built on a judgment about which potential error a decision-maker should prefer. Decisions to grant or deny refugee protection often hinge on findings of fact, yet refugee law has not engaged with this question. This hole in the law's foundations may well be undermining refugee protection across the globe, for as this book intends to show, it is contributing daily to the dysfunction of one the world's most respected refugee determination systems\"-- Provided by publisher.
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SHVAĆANJE PRAVNE ZNANOSTI U SUVREMENOJ UDŽBENIČKOJ LITERATURI IZ POZITIVNOPRAVNIH PREDMETA NA PRAVNOM FAKULTETU SVEUČILIŠTA U ZAGREBU
U radu se raspravlja o izrijekom iskazanom shvaćanju pravne znanosti u obveznoj udžbeničkoj literaturi iz pozitivnopravnih predmeta na Pravnom fakultetu Sveučilišta u Zagrebu. U prvome se dijelu rada opisuje istraživački problem i postavljaju odgovarajuće hipoteze, navode ciljevi istraživanja, detaljno opisuje korištena metoda kvalitativne analize sadržaja teksta i razraðuju jedinice sadržaja (teme, kategorije i potkategorije). U drugome se dijelu rada utvrðuje koji udžbenici sadržavaju odredbu pravnoznanstvene discipline kojoj pripadaju i/ili pravne znanosti općenito, u kojoj je mjeri sadržavaju, kako odreðuju predmet, ciljeve i metode pravne znanosti i uključuju li interdisciplinarnost u pravnoznanstvena istraživanja. U trećem se dijelu rada utvrðuje prevladavajuće shvaćanje predmeta, ciljeva i metoda pozitivnopravne znanosti i prevladavajuće shvaćanje o interdisciplinarnosti pravnoznanstvenih istraživanja u analiziranoj udžbeničkoj literaturi. U zaključku se raspravlja o rezultatima istraživanja, utvrðuje u kojoj su mjeri hipoteze potvrðene te se upućuje na moguće dodatne smjerove teorijskih i empirijskih istraživanja (hrvatske) pravne znanosti. Rezultati istraživanja pokazuju da analizirani udžbenici uglavnom sadržavaju barem osnovnu odredbu pravne znanosti, no da se uvelike razlikuju s obzirom na mjesto, obuhvat i način njezine razradbe. Nadalje, prema prevladavajućem shvaćanju, predmet pravne znanosti su opće pravne norme, njezini ciljevi opis i usustavljenje prava te preporučivanje primjerenijih zakonodavnih rješenja i primjerenijeg tumačenja i primjene prava, a metode dogmatska, poredbena i sociološka metoda. Ciljevi i metode pravne znanosti u pravilu se samo navode, bez dodatnog opisa i objašnjenja. Konačno, u manje od polovice udžbenikâ navodi se da pravnoznanstvena istraživanja uključuju neki oblik interdisciplinarnosti, pri čemu je prevladavajuće shvaćanje da se interdisciplinarnost ponajprije sastoji u korištenju spoznajama drugih znanstvenih disciplina.
Journal Article
Making race in the courtroom : the legal construction of three races in New Orleans
\"No American city's history better illustrates both the possibilities for alternative racial models and the role of the law in shaping racial identity than New Orleans, Louisiana, which prior to the Civil War was home to America's most privileged community of people of African descent. In the eyes of the law, New Orleans's free people of color did not belong to the same race as enslaved Africans and African-Americans. While slaves were \"negroes,\" free people of color were gens de couleur libre, creoles of color, or simply creoles. New Orleans's creoles of color remained legally and culturally distinct from \"negroes\" throughout most of the nineteenth century until state mandated segregation lumped together descendants of slaves with descendants of free people of color. Much of the recent scholarship on New Orleans examines what race relations in the antebellum period looked as well as why antebellum Louisiana's gens de couleur enjoyed rights and privileges denied to free blacks throughout most of the United States. This book, however, is less concerned with the what and why questions than with how people of color, acting within institutions of power, shaped those institutions in ways beyond their control. As its title suggests, Making Race in the Courtroom argues that race is best understood not as a category, but as a process. It seeks to demonstrate the role of free people of African-descent, interacting within the courts, in this process. \"-- Provided by publisher.
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On the Establishment of Chinese Self-Independent Knowledge System of Legal Science
Constructing the Chinese self-independent knowledge system of legal science is a great project to adapt Marxist legal science to the Chinese context and the needs of our times in the new era, a profound revolution in the field of legal science, a precursor and foundation for constructing a system of legal science with Chinese characteristics, an urgent need to train high-quality legal talents with both virtues and talents, and an inevitable requirement for promoting the Chinese path to the modernization of the rule of law. To carry out such a systematic project, it is imperative to focus on the seven basic principles and scientific methods that include adhering to the ideological guidance of XI Jinping Thought on the Rule of Law. The theory of the system of socialist rule of law with Chinese characteristics, which is the cornerstone for the development of the Chinese self-independent knowledge system of legal science, has provided a necessary and much-needed theoretical paradigm for the development of the Chinese self independent knowledge system of legal science, has led to the innovative development of legal theory with Chinese characteristics in the new era, and will continue to do it.
Journal Article
Let me be a refugee : administrative justice and the politics of asylum in the United States, Canada, and Australia
\"This book compares the refugee status determination (RSD) regimes of three popular asylum seeker destinations. Despite similarly high levels of political resistance to accepting asylum seekers, because administrative justice is conceptualized and organized differently in every state, they vary in how they draw the line between refugee and non-refugee\"-- Provided by publisher.
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Forty Themes on the Innovation and Development of Chinese Legal Research in the Reform and Opening Up Era
China entered a new era of reform and opening up after the Third Plenary Session of the 11th Central Committee of the Communist Party of China in 1978. During the past forty years of rapid socioeconomic change and historical progress toward governing the country according to law, legal research in China has achieved unprecedented progress and prosperity. Forty years of legal research during China’s reform and opening up can be reviewed and summarized from varying perspectives, using wide-ranging approaches. This article will identify major theoretical issues and several innovative perspectives concerning legal research in China over the past forty years. It will focus on theoretical issues concerning jurisprudence, legal history, and other major areas of legal science.
Journal Article