Law from below: how the thought of Francisco Suárez, SJ, can renew contemporary legal engagement

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Law from below: how the thought of Francisco Suárez, SJ, can renew contemporary legal engagement

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  • Research Article
  • Cite Count Icon 100
  • 10.1177/1748895817728380
Legal systems abuse and coercive control
  • Aug 22, 2017
  • Criminology & Criminal Justice
  • Heather Douglas

This article considers how legal engagement can be an opportunity to exercise coercive control over a former intimate partner. Drawing on interviews with 65 women who engaged with the legal system as a result of violence in their intimate relationships, this article explores how women’s engagement with the legal system is frequently experienced as an extension of an intimate partner’s coercive control. It builds on existing research showing how legal processes provide an opportunity for perpetrators to continue and even expand their repertoire of coercive and controlling behaviours post-separation. I refer to this as legal systems abuse. This article explores women’s reported experiences and considers how expectations of equality of access to justice and fair hearing; concepts that underpin legal processes, can be reconciled with legal engagements that seek to end coercive and controlling behaviours. The article concludes that improved understanding of domestic and family violence as coercive control by legal actors may help to circumvent the opportunities for legal systems abuse.

  • Research Article
  • 10.1515/zrgr-2023-0025
Legal engagement – The reception of Roman law and tribunals by Jews and other inhabitants of the empire
  • Jun 27, 2023
  • Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung
  • Doris Forster

FORSTER, Doris. Legal engagement -The reception of Roman law and tribunals by Jews and other inhabitants of the empire. In: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Romanistische

  • Research Article
  • Cite Count Icon 3
  • 10.1080/1533256x.2021.1988492
Legal involvement and substance use treatment engagement and outcomes
  • Nov 8, 2021
  • Journal of Social Work Practice in the Addictions
  • Ann Cherie Carter + 1 more

Legally mandated substance use treatment is prevalent but controversial and further research aimed at understanding this relationship is important for developing and informing social policy, social work practice, and education. This study used clinical data mining to examine the relationship between a client’s legal involvement, treatment engagement, and treatment completion. By using structural equation modeling, this study found that legal involvement did not have an effect on clients’ engagement in treatment or on completing treatment, while engagement was shown to have an effect on whether the client completed treatment.

  • Research Article
  • Cite Count Icon 1
  • 10.55540/0031-1723.2014
Building Democracies with Southern Command's Legal Engagement Strategy
  • Feb 15, 2001
  • The US Army War College Quarterly: Parameters
  • Jeffrey F Addicott + 1 more

America has conducted itself in the post-Cold War era with the understanding that fostering democracies and encouraging military establishments subject to the of are vital to US national security interests. [1] In this regard, the warfighting unified commands mirror the overall US national security policy of peacetime engagement not only by maintaining close contacts with allies and friendly governments for the purpose of imparting values and ideals associated with democratic principles, but by focusing this commitment through detailed engagement plans. For example, in document entitled Strategy of Cooperative Regional Peacetime Engagement, General Charles E. Wilhelm, Commander in Chief of US Southern Command from 1997 to 2000 (now retired), set out his vision for Latin America and the Caribbean as a community of democratic, stable, and prosperous nations...served by professional, modernized, interoperable security forces that embrace democratic principles, demonstrate respect for human rights, are subordinate to civil authority, and are capable and supportive of multilateral responses to challenges. [2] In addition, recognizing that there is legal dimension to almost every aspect of the US Southern Command engagement plan, the Office of the Staff Judge Advocate developed and published first-ever legal engagement strategy in 1998. [3] The intent of the legal engagement strategy is to promote the concept of professional law-based militaries that operate in accordance with the of law, respect internationally recognized human rights, [4] and are subordinate to and controlled by democratically elected civilian governments. In short, the US Southern Command legal engagement strategy is blueprint for democracy-building in the context of the of law. In the quest for war avoidance, this legal engagement plan is unique force multiplier and contributes to the shaping dimension of the National Military Strategy. The Importance of the Rule of Law in War Avoidance In his groundbreaking book about warfare in the 21st century, Race to the Swift, Richard Simpkin argues that democracies must find politico-legal devices to confront the enemies that threaten today's societies, and that the armed forces of democracy must carry out their duties in conformity with the of law. Simpkin states, Democratic governments rest on the of law, and must so rest. [5] The term rule of law was initially coined to refer to the common system of jurisprudence with particular emphasis on equality before the courts. The more modern common meaning, however, encompasses those rules and legal standards of behavior recognized and practiced between states in the context of the community of nations, and connotes consistency in the application of democratically passed and impartially implemented and enforced national laws and regulations. In the words of University of Virginia professor John Norton Moore, the importance of the of is central to international relations: Law... is vitally important. Even in the short run, the [rule of] serves as standard of appraisal for national actions and as means of communicating intentions to both friend and foe, and perceptions about lawfulness can profoundly influence both national and international support for particular actions. [6] In tandem with Professor Moore's admonishment, the Clinton Administration's Secretary of State, Madeleine Albright, said that of all the problems facing the Southern Hemisphere, none is more important than improving adherence to the of law. Where justice is absent, Albright writes, peace and stability of nation and its neighbors come under threat; where justice is partial, citizens who do not have access to equal treatment lose faith in their government, and the forces of extremism grow strong; and where justice is unprofessional, crime flourishes, corruption grows, and economies suffer. …

  • Research Article
  • Cite Count Icon 17
  • 10.1080/09687599.2016.1167673
Intellectual disabilities, domestic violence and legal engagement
  • Mar 15, 2016
  • Disability & Society
  • Heather Douglas + 1 more

There is increasing recognition that legal responses to domestic violence can only be effective if those who implement the law – for example, child protection workers, police and magistrates – are also effective. This article draws on the narratives of women with intellectual disabilities to analyse their experiences of engaging with the legal system as a response to domestic violence. In particular, the article considers whether they have access to appropriate support to utilise the remedies afforded by the law on an equal basis to survivors without disabilities. In considering this we draw on the concept of supported decision-making, an approach recommended by the United Nations Convention on the Rights of Persons with Disabilities.

  • Research Article
  • Cite Count Icon 17
  • 10.1080/13691180903473814
THE INTERPENETRATION OF TECHNICAL AND LEGAL DECISION-MAKING FOR THE INTERNET
  • Apr 1, 2010
  • Information, Communication & Society
  • Sandra Braman

Not long after computer scientists first began working on the technical design of the network that ultimately became known as the Internet, in 1969, they began to document their discussions, information shared, and decisions made in a series of documents known as the Internet requests for comments that is still being used for this purpose 40 years later. A comprehensive inductive reading of these documents reveals that legal and policy issues were often raised or confronted in the course of resolving technical problems. In many of these instances, the technical decisions that resulted had law-like effects in the sense that they constrained or enabled the ways in which users can communicate and can access and use information over the Internet, whether or not such decisions supported or subverted legal decision-making, and whether or not legal decision-makers understood the societal implications of the technical decisions that were being made. This is one of the two ways in which technical and legal decision-making have become interpenetrated. The literature on legal engagement with problems generated by the technical features of the Internet is vast. This article appears within the nascent literature on technical engagement with legal problems. It does so in an effort to contribute to the building of a shared epistemic and decision-making space that involves both the technical and the legal communities.

  • Addendum
  • 10.1080/13218719.2017.1411154
Erratum
  • Dec 7, 2017
  • Psychiatry, Psychology and Law

[This corrects the article DOI: 10.1080/13218719.2017.1396865.].

  • Research Article
  • Cite Count Icon 4
  • 10.1556/jba-9-863
Associations between recalled use of legal UK youth gambling products and adult disordered gambling
  • Aug 20, 2020
  • Journal of Behavioral Addictions
  • Philip W.S Newall + 3 more

Background and aims: The UK allows a number of gambling products to be legally used by people under the age of 18. The aim of this study was to explore associations between recalled legal usage of five youth gambling products and adult disordered gambling. Methods: A retrospective cross-sectional study of 1,057 adult UK gamblers, aged 18–40. Recalled legal use of five youth gambling products (category D fruit machines, coin push machines, crane grab machines, the National Lottery, and National Lottery scratchcards) was correlated with adult disordered gambling symptoms as measured by the Problem Gambling Severity Index (PGSI). Results: Recalled rates of legal engagement with each product ranged from 50.9% for Category D fruit machines to 96.6% for coin push machines. For category D fruit machines, the National Lottery, and National Lottery scratchcards, merely having legally engaged with these products as a child was associated with adult disordered gambling. Furthermore, higher levels of recalled legal youth usage with each of the five products was also associated with adult disordered gambling. Discussion and conclusions: These results relate to recent government proposals to increase the National Lottery scratchcard legal age to 18, and add to a wider literature on youth gambling and subsequent gambling-related harm.

  • Research Article
  • Cite Count Icon 5
  • 10.1016/j.chiabu.2018.10.003
Social history: A qualitative analysis of child abuse pediatricians' consultation notes.
  • Oct 28, 2018
  • Child Abuse & Neglect
  • Lenora M Olson + 3 more

Social history: A qualitative analysis of child abuse pediatricians' consultation notes.

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  • Cite Count Icon 5
  • 10.1308/003588410x12628812458978
The evolution of consent
  • Mar 1, 2010
  • The Annals of The Royal College of Surgeons of England
  • Robert Wheeler

The evolution of consent

  • Research Article
  • Cite Count Icon 1
  • 10.30762/mahakim.v6i2.165
Memahami Konflik Keluarga melalui Pendekatan Sosiologi Hukum Islam (Studi Lapangan di Pengadilan Agama Kota Kediri)
  • Dec 28, 2022
  • Mahakim: Journal of Islamic Family Law
  • Ach Khiarul Waro Wardani

Socially, the family is the smallest community in society which is formed through a legal engagement (marriage), as well as according to Islamic law. With the formation of a family, what inevitably happens is the emergence of family conflicts which can arise from internal (family) and can also be external (outside parties) as happened in the City of Kediri, with as many as 325 cases of family conflicts that ended in lawsuits for divorce or divorce only in a relatively short period of time, namely the last 6 months in 2022. Understanding the conflicts that occur in the family aims to avoid the general societal stigma that conflict is something negative, even though there are positive things from conflict if you take lessons from conflict such as being aware of each other's shortcomings and being able to open to each other. Therefore, according to the author, the Sociology of Islamic Law is the right approach to use in understanding conflict in the family. By understanding the Sociology of Islamic Law, the rules for fostering a family will be understood by every member of the family, such as the rules that Allah SWT stipulates in QS. A-Rum: 21, QS. At-Tahrim: 6 and so on. The method used in this study uses a qualitative research approach the type used in this research is a type of field research or field, it can also be said as empirical or sociological research. In conclusion, as far as we all know, the stigma of conflict is something bad, of course, this is not the case if we look at it from the other side (social and Islamic law). An understanding of life, namely sociology, and Islamic law to resolve all family conflicts is the most important part to be known together to realize dreams in the family, namely sakinah mawaddah warohmah.

  • Research Article
  • 10.24952/almaqasid.v9i2.8178
PENYELESAIAN DEBITUR GAGAL: ANALISIS PADA KOPERASI SERBA USAHA TUNAS SEJAHTERA BURENGAN KEDIRI PERSPEKTIF HUKUM PERIKATAN
  • Nov 15, 2023
  • Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
  • Aditya Rahman + 3 more

In an agreement, of course, there are achievement that must be fulfilled by the debtor. But not infrequently there are problems in it. Non-performing financing is finacing for performance that is jammed, doubtful, or substandard. This article aims to analyze cases of debtors who fail to pay at KSU Tunas Sejahtera and their settlements in various perspectives and various methods used in the settlement process. The method used by the author in preparing this article is descriptive qualitative, where the research is focused on examining the formulation of the problem and in-depth analysis based on various reference sources. In analyzing the settlement of this default debtor case, the authors use several perspectives, namely, the perspective of the debtor's legal engagement, the mediation perspective, the arbitration perspective, the default perspective, from the court's perspective. From the results of the study, the alternative implemented by KSU Tunas Sejahtera in solving problems is to carry out intensive billing, rescheduling, and reconditioning. Of the three alternative solutions above, Tunas Sejahtera KSU has not been able to resolve the problem, there are still many customers who fail to pay and customers are only able to pay half of the installments, namely 200-300 thousand including a 1.7% margin.

  • Research Article
  • Cite Count Icon 28
  • 10.1111/hic3.12096
Indigenous People and Legal Culture in Spanish America
  • Nov 1, 2013
  • History Compass
  • Yanna Yannakakis

This article reviews recent literature on indigenous people and the legal systems in colonial Mexico and the Andes, with special emphasis on legal engagement as a form of politics and the making of legal culture. Through mastery of alphabetic writing systems, literacy, and Spanish language, native peoples used colonial courts as an arena in which to resolve conflict within and among Indian municipalities, and with Spanish officials, both civil and ecclesiastical. In this way, the legal system facilitated the negotiation of colonial rule, including the growth and transformation of legal institutions and practices, and the relationship between Indian and Spanish jurisdictions. The legal system also provided an arena for cultural encounter in which Spanish and native forms of law and knowledge were circulated and constructed. Scholarship on these topics is growing fast, putting ethnohistory into an exciting dialogue with comparative studies of law and empire.

  • Research Article
  • Cite Count Icon 12
  • 10.1080/2201473x.2014.1000903
Remembering ‘the blackfellows’ dam': Australian Aboriginal water management and settler colonial riparian law in the upper Roper River, Northern Territory
  • Feb 2, 2015
  • Settler Colonial Studies
  • M Barber + 1 more

Using newly recovered and collated sources, we investigate the extent of pre-colonial and colonial Aboriginal weir construction in the upper Roper River, and we analyse a 1946 court case which considered the practice in the context of colonial pastoralism. Aboriginal people have built these temporary weirs at key locations since pre-colonial times to dam and divert the river flow, creating shallow lagoons that attract and retain key food species. The area subsequently became Elsey Station, the setting for the famous Australian novel, We of the Never Never. This embedded the area and its inhabitants in the national consciousness and Aboriginal people provided crucial pastoral labour for the station. Station management encouraged weir construction from the 1920s as the structures reduced cattle losses in the dry season, but a downstream pastoralist complained of inhibited water flow and took legal action. The resulting case is probably the first legal engagement with Aboriginal water and riparian management in Australia and the judgment overtly acknowledged weir construction as an Aboriginal practice that ‘had been in existence from time immemorial’. However, non-Aboriginal pastoralists’ role in enabling and amplifying weir construction saw the case listed and classified as a pastoral riparian dispute – effectively as an issue of non-Aboriginal settler colonial law – rather than as an Aboriginal, colonial and/or intercultural practice. As a result, the weirs were outlawed as a riparian law violation and the case has therefore remained largely unreferenced in the subsequent literature on Aboriginal resource rights. In this paper, we detail the historical circumstances of the case, Aboriginal involvement in it, and how it has been recollected and interpreted in subsequent local and oral historical accounts. We highlight the importance of local agency, local resistance, and Aboriginal political priorities in Aboriginal accounts, as well as broader processes of historical suppression and memorialization.

  • Research Article
  • Cite Count Icon 1
  • 10.1353/esp.2020.0023
Héla Ammar's À fleur de peau / Body Talks: From Anonymous to Familiar Bodies
  • Jan 1, 2020
  • L'Esprit Créateur
  • Anna Rocca

Héla Ammar's À fleur de peau / Body Talks:From Anonymous to Familiar Bodies Anna Rocca HÉLA AMMAR IS A MULTIFACETED and politically active individual. She is a feminist, a visual artist, a jurist, and a professor of law at the University of Tunis. Her personal and professional commitment to social causes is reflected in both her artistic production and legal engagement. Art, specifically photography, is Ammar's preferred medium for addressing societal disparity. Since 2003, she has regularly shown her works nationally and internationally, though the 2011 Tunisian revolution and its aftermath significantly increased and expanded the diversity of her artistic engagement. This article will focus on Ammar's 2018 photography exhibition, À fleur de peau / Body Talks, particularly upon the photographic series of portraits representing seven young Tunisian celebrities, each well known to the media for their political activism and engagement in support of LGBTQ+ rights. Inherent in the artist's aesthetic expression is a type of reflective commitment that intends to shift the audience's perspectives and assumptions about LGBTQ+ people. Ammar portrays celebrities with their heads concealed under a colorful floral scarf. While communicating the complexities of gender identities, these fine-art portraits, in which the faces remain concealed, help to create a mystery, a curiosity, and an interest in looking further into the lives of these bodies. Indeed, because there is often something comforting about seeing a human figure rather than an unfamiliar face, these bodies, I argue, allow for the establishment of a sympathetic relationship with the viewer. They may represent a call for change: a turning away from the interpretation of the body as a site of struggle and control towards a conceptualization of the body as a conduit for communication and connection. Representing the forgotten "'Les gens de la marge' est apparemment un thème qui passionne et obsède Héla Ammar," affirms Olfa Belhassine.1 Indeed, immediately after the revolution, Ammar and five other photographers participated in the Artocratie Inside-Out Tunisia art project, in which images of ordinary Tunisian citizens were displayed on the streets to counteract the propaganda portraits of former President Ben Ali. In the same year, as a member of the CNIDV—Commission nationale d'investigation sur les dépassements et les violations, the [End Page 83] Click for larger view View full resolution Figure 1. "Body Talks," Héla Ammar, 2018. Tunisian National Committee scrutinizing the civil rights violations that were committed during the revolution—Ammar gained access to twelve penitentiaries in order to document prisoners' conditions. As a result of this transformative experience, she produced a series of installations (Counfa 2012), copublished a judicial survey against the death penalty (Le syndrome de Siliana, 2013),2 recorded a TED event entitled "Feriez-vous confiance à des criminels?" (2013), and composed an exceptional book of photographs and text on prisons and prisoners (Corridors, 2015). In 2017, to raise awareness about the impoverished daily life of underprivileged young Tunisians, Ammar produced Contre jour. The installation, which draws its name from the type of light the artist used to photograph and to interview them, was later presented at the Contemporary Art Biennial of Tunis Dream City. Prisoners and disadvantaged youth, Ammar remarked, experience similar problems: "la zatla (drogue), la harga (immigration clandestine), la houma (le quartier), la violence, le délit mineur, la précarité" (Belhassine). The artist's drive to give a voice to people living on the fringes of society is also at stake in À fleur de peau / Body Talks. First presented in 2018 at the Ghaya Gallery in Sidi Bou Said, the installation continues to explore themes central to Ammar's artistic investigation: memory, time, and identity. The [End Page 84] artist invites the audience to contemplate three interconnected aspects of Tunisia's history. One section illustrates the past of the newly independent Tunisia by means of legal documents and newspapers of the period. Regarding that fertile past, full of hopes and new visions, Ammar comments, "j'ai commencé par le passé, évoqué à travers des journaux officiels, des compilations de lois et règlements des premières années de l'indépendance. C'est une époque importante de la Tunisie, celle de la construction de...

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