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"Systems of law"
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Policing Same-Sex Relations in Eighteenth-Century Paris
Police in Paris arrested thousands of men for sodomy or similar acts in the eighteenth century. In the mid-1780s, they recorded depositions in which prisoners recounted their own sexual histories. These remarkable documents, curated and translated into English by Jeffrey Merrick, allow us to hear the voices of men who desired men and to explore complex questions about sources, patterns, and meanings in the history of sexuality. This volume centers on two cartons of paperwork from commissaire Charles Convers Desormeaux. Dated from 1785, the cartons contain 221 dossiers of men arrested for sodomy or similar acts in Paris. Merrick translates and annotates the police interviews from these dossiers, revealing how the police and those they arrested understood sex between men at the time. Merrick discusses the implications of what the men said (and what they did not say), how they said it, and in what contexts it was said. The best-known works of clergy and jurists, of enemies and advocates of Enlightenment, and of novelists and satirists from the eighteenth century tell us nothing at all about the lived experience of men who desired men. In these police dossiers, Merrick allows them to speak in their own words. This primary text brings together a wealth of important information that will appeal to scholars, students, and general readers interested in the history of sexuality, sodomy, and sexual policing.
eBook
The civil code controversy in Meiji Japan : the struggle to modernize the nation
The book outlines a dramatic history of the failed liberalization of Japanese private law during the Meiji era. Once Japan overthrew the shogunate and fully opened up to contact with the world, modernization of the backward country and its fragmented customary legal system became a crucial objective of the new ruling elites. The initiated codification of law included the drafting of the first Civil Code, designed to revolutionize the traditional societal ties in Japan. The legal project, seemingly straightforward, turned out to be notoriously difficult and dragged on for three decades. More importantly, it led to a national controversy, dividing the Japanese jurisprudence into two opposing factions, which supported drastically different visions of the Civil Code and thus, the country's future.
eBook
Islamic Law and International Commercial Arbitration
This book examines the intersection between contemporary International Commercial Arbitration and Shariʿa law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shariʿa, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shariʿa and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the 'Shari'a Standards' developed by the Accounting and Auditing Organization for Islamic Financial Institutions.
The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.
eBook
Investor and Industry Perspectives on Investment Advisers and Broker-Dealers
In theory, financial professionals are relatively distinct: A broker-dealer conducts transactions in securities on behalf of itself and others; and an investment adviser provides advice to others regarding securities. Different laws regulate each type of professional, but boundaries have blurred. This report examines current business practices and investor understanding of each type.
eBook
The Legal and Economic Implications of Electronic Discovery
The growing volume of electronically stored information has led to concerns that requests for electronic discovery (e-discovery) can increase litigation costs, impose new risks on lawyers and their clients, and alter expectations about likely court outcomes. The authors provide an overview of the issues involved and outline five avenues for future research on the legal and economic implications of e-discovery.
eBook
Insurance Class Actions in the United States
Class actions, which are civil cases in which parties initiate a lawsuit on behalf of other plaintiffs not specifically named in the complaint, often make headlines and arouse policy debates. However, policymakers and the public know little about most class actions. This book presents the results of surveys of insurers and of state departments of insurance to learn more about class litigation against insurance companies.
eBook
The adoption of various legal systems in Indonesia: an effort to initiate the prismatic Mixed Legal Systems
Indonesia has three legal systems. Thus experts dispute which one to use. Peter de Cruz's opinion on worldwide legal systems makes it hard to classify Indonesia. This paper analyses the existence of Mixed Legal Systems in the world legal system and the consequences of adopting them in Indonesia to create Prismatic Mixed Legal Systems. This hermeneutical and dialectical inquiry uses comparative legal ideas. The study shows that the legal system is mixed, which leads to practical challenges owing to international relations, which influence each country's legal system. Simple Mixed, and complex Complex describe this legal system blend. A simple Mixed exists between Civil Law and Common Law, while Complex Mixed includes religious or customary law. The Indonesian legal system focuses on \"Prismatic Mixed Legal Systems\" \"Mixed\" must be regarded as a constant process to select the \"best\" resources from diverse sources of the legal system based on balance. It is anticipated that those individuals who specialise in Constitutional Law in Indonesia would carry on with their research and development on the Indonesian legal system, primarily through comparative law studies. This effort is essential in the framework for the future development of the National Legal System and is principally dedicated to the investigation and creation of \"Prismatic Mixed Legal Systems.\"
Journal Article
China Experiments
All societies face a key question: how to empower governments to perform essential governmental functions while constraining the arbitrary exercise of power. This balance, always in flux, is particularly fluid in today's China. This insightful book examines the changing relationship between that state and its society, as demonstrated by numerous experiments in governance at subnational levels, and explores the implications for China's future political trajectory.
Ann Florini, Hairong Lai, and Yeling Tan set their analysis at the level of townships and counties, investigating the striking diversity of China's exploration into different governance tools and comparing these experiments with developments and debates elsewhere in the world. China Experiments draws on multiple cases of innovation to show how local authorities are breaking down traditional models of governance in responding to the challenges posed by the rapid transformations taking place across China's economy and society. The book thus differs from others on China that focus on dynamics taking place at the elite level in Beijing, and is unique in its broad but detailed, empirically grounded analysis.
The introduction examines China's changing governance architecture and raises key overarching questions. It addresses the motivations behind the wide variety of experiments underway by which authorities are trying to adapt local governance structures to meet new demands. Chapters 2-5 then explore each type of innovation in detail, from administrative streamlining and elections to partnerships in civil society and transparency measures. Each chapter explains the importance of the experiment in terms of implications for governance and draws upon specific case studies. The final chapter considers what these growing numbers of experiments add up to, whether China is headed towards a stronger more resilient authoritarianism or evolving towards its own version of democracy, and suggests a series of criteria by which China's political trajectory can be assessed.
Contents
1. China at a Crossroads
2. Streamlining the State
3. The Evolution of Voting Mechanisms
4. Civil Society
5. From Local Experiments to National Rules: China Lets the Sunshine In
6. Where is China Going?
eBook