Interpretive Authority Research Articles

International organizations’ practice in the interpretation of their constituent instruments

Abstract Subsequent practice of international organizations plays an important role in the interpretation of their constituent instruments. Based on Articles 5 and 31(3) of the Vienna Convention on the Law of Treaties (VCLT), when such practices have become established or have been consented to by all States parties, they can be considered authoritative interpretations. The legal basis for considering practices of international organizations in other circumstances, however, is not entirely clear. The International Law Commission proposed that these practices may still be considered in the application of Articles 31 and 32 of the VCLT but left many issues undiscussed. This article argues that it is possible to consider international organizations’ practice in the application of Article 31 if a strong inference about the original intention of States parties can be drawn therefrom. To address difficulties involved in evaluating the probative value of international organizations’ practice, this article borrows a tool from probability theory—likelihood ratio—and shows that, absent a major change of circumstances, international organizations’ earlier practice can be seen as credible evidence of States parties’ original intention and considered in the application of Article 31.

The Development of Qur’anic Thematic Exegesis in Indonesia: Historical Landscape and Shifts of Authority

Recognizing that thematic Qur'anic interpretation has become the most prominent method in the modern era, this study aims to track its evolution in Indonesia. Despite its popularity in academic contexts, there remains a critical gap in examining its application outside of universities. This study focuses on the shifts in interpretative authority and methodology in thematic Qur'anic exegesis across different sectors, including the state, Islamic boarding schools, universities, and individuals. Using a critical analysis method, the study uncovers several key findings. Firstly, there has been an authoritative shift, where Qur'anic commentators in Indonesia are not limited to traditional mufassir but now include scholars from non-religious fields. Secondly, methodological shifts are evident in several aspects: the editorial framing of interpretations, the reduction in the selection of Qur'anic verses used as primary research data, and the emergence of distinct interpretative tendencies. Additionally, there has been a paradigm shift in the relationship between Qur'anic text and social reality, where one approach begins with the Qur'an and leads to an idealistic-normative interpretation, while another starts from social reality and results in an applicative-solutive interpretation. This research fills a crucial academic gap by highlighting the broader changes in thematic exegesis, offering insights into its evolving methodologies and its relevance in addressing contemporary social realities in Indonesia.

Supervising Veterinarians as Boundary-Spanning Agents

Boundary-spanning agency is important for weaving together different ways of doing and knowing. This article examines boundary-spanning agency in the context of courtroom contestation of veterinary expertise. Analysing Finnish supreme administrative court judgments, we highlight how knowledge claims about animal welfare and about the process of supervisory inspections are deployed and contested by both veterinarians and animal owners in a bid to set down an authoritative interpretation about empirical actuality at the inspected sites. A central finding is that veterinarians, contrary to the implications of earlier studies, are in a potent position in their supervising role. Given the lack of intermediary soft law mechanisms such as inspection guidelines, the interpretative space left between animal protection law and veterinarians’ inferences about the conditions at the inspected site leaves veterinarians with a wide mandate to make decisions about ending livelihoods and euthanising the inspected animals.

Making sense of state violence: understanding public inquiries as political devices

ABSTRACT Whenever a political scandal or controversy erupts, one is likely to hear a familiar demand: ‘There must be a public inquiry!’. Inquiries are institutions of last resort, instigated only when something has gone wrong or must be urgently done, where the usual mechanisms of the state are found wanting. Often the focus of inquiries has been that which the state claims as its monopoly: the use of violence. There is a long and chequered history of inquiries appointed to investigate the state’s use of violence in (post)colonial contexts, military interventions and police actions. This special issue interrogates this history, contributing to wider debates in Critical Military Studies on war and violence. Inquiries are acts of epistemic sovereignty that seek to establish authoritative interpretations of events, and this has sometimes led to a dichotomous representation of inquiries as either promising fora for democratic accountability or tools for elite interests. This special issue seeks to overcome this dichotomy through interdisciplinary dialogue and a granular examination of the political cultures and epistemic practices of inquiries into state violence. In so doing, these articles offer a nuanced analysis of the political functions of inquiries and their potential for democratic accountability and justice.

Merebut Tafsiran Otoritatif Keagamaan; Perdebatan dan Kontroversi Prosesi Hukuman Ta’zir Cambuk di Lapas Aceh

This article discusses the debates and controversies surrounding the authoritative interpretation of Sharia law regarding the caning punishment process in correctional facilities (prisons) in Aceh, which was previously conducted in open fields. The debate emerged and took place across various media platforms, including social media, following the issuance of the Aceh Governor's Regulation in 2018 concerning the relocation of the punishment process. The discussion extended to deliberating the most legitimate interpretation regarding the necessity for the caning punishment to be witnessed by a group of believers; the selection of the location where the punishment is carried out; and the intent and purpose of the caning punishment itself to be witnessed by the public, as explicitly stated in Q.S. An-Nur: 2. Using literature study as the research method, this article concludes that there has been a shift in religious interpretation towards authoritarianism by considering and asserting certain interpretations as authoritative and "supposedly" in accordance with Sharia, as intended by the implementation of the caning punishment during the formalization of Sharia law in Aceh.

커뮤니카트 활성화를 통한 시 교육 방법

Objectives The purposes of this study, a method to compose ideal Kommunikat, that is, a cognitive construct that is the result of psychological representation of interpretation and appreciation of works, through integrative communication with the interpretive norms of the discourse community, while supporting the interpretive diversity attempted by students as readers, was considered. Methods For this purpose, First, attention was paid to the ‘perception of poetic elements’, which intentionally selects the subject of appreciation while facing the work and intends to focus on the emotion aroused by the work while examining whether it is significant for appreciation. Furthermore, this paper discussed the diversity of text interpretation and the individualization strategy at the reader's level at a practical level by proposing the ‘formation of a cognitive emotional construct’ as a concrete appreciation process that aims at the multiplicity of interpretation. Results In order to break away from the limitation that voluntary interpretation norms cannot be sought, and independent interpretation norms cannot be established because students follow the existing interpretive authority and appreciation method, this paper took notice of the concept of Kommunikat and presented the process and practical method to apply the concept of Kommunikat to poetry appreciation education. Conclusions This paper examined the efficiency of the method of establishing one's own norms of appreciation by checking and adjusting the reader's Kommunikat through the rumination of the appreciation process that aims at both spontaneity and assimilability at the same time.

Diskursus Kampung Restorative Justice Dan Eksistensi Peradilan Adat Di Provinsi Jambi

This research delves into the discourse related to village restorative justice and customary law in the Province of Jambi in the context of the diversity of authority shifts between modern legal approaches and existing legal traditions. The research background refers to conceptual differences and perspectives on dispute resolution between the state and customary law. To examine the relationship between the concept of restorative justice and customary justice, this study employs a qualitative approach by conducting in-depth interviews with representatives from the prosecution, community leaders, as well as traditional leaders in several restorative villages in the Province of Jambi. The literature review involves a profound understanding of restorative justice, customary justice, and the interaction between state law and customary law. The research findings highlight the conflicts and convergences between the restorative justice approach and the existence of customary justice. Conflicts arise in the interpretation of rights, obligations, and authority held by each system. However, this research also reveals the potential synergy between these two approaches in resolving disputes with a more holistic and contextual approach. The findings of this research indicate the importance of dialogue and collaboration between the state and customary law in developing initiatives such as village restorative justice. In the context of the Province of Jambi, wise integration of state and customary law can bring benefits for the preservation of cultural values as well as the fulfillment of individual and community rights.

Motorcycles, minarets, and mullahs: a multimodal critical discourse analysis on Pakistan’s journey to rebrand Islam

Abstract This study addresses the issue of how religious authority is negotiated and redefined in the age of digital media, focusing on the case of Raja Zia ul Haq, a Pakistani Muslim cleric. Utilizing Multimodal Critical Discourse Analysis, the study posits that Zia ul Haq’s strategic semiotic choices in attire and symbolism serve as calculated maneuvers to navigate complex dialogues of power, identity, and cultural capital. The findings reveal that his appropriation of biker club symbolism disrupts traditional paradigms of Islamic clerical authority in Pakistan. These choices resonate with a younger, digitally savvy audience and function as a form of religious rebranding. The study argues that Zia ul Haq’s semiotic choices challenge monolithic interpretations of Islamic authority, thereby opening new avenues for religious engagement and interpretation. The significance of this work lies in its transnational implications, offering a counter-narrative that challenges prevailing stereotypes about Islamic scholars and suggests new paradigms for understanding religious authority in a globalized world.

2023년 형법 중요 판례 평석

In 2023, there were fewer en banc decisions compared to 2022. While there were 7 en banc decisions related to criminal law in 2022, with 6 focusing on criminal law issues, the number decreased to 3 in 2023. However, the significance of this change should not be underestimated. Among these cases, a notable en banc decision redefined the meaning of assault and intimidation in the context of forcible molestation, representing an effort to align the legal decisions with contemporary societal trends.
 Additionally, there was a noticeable increase in en banc decisions related to stalking crimes and special criminal laws, shedding light on issues and challenges prevalent in these areas beyond basic criminal law. In the context of criminal law, there were numerous significant rulings pertaining to the co-perpetrators of negligent crimes and infringements on self-defense, specifically addressing the contemporaneity of self-defense (meaning not determined solely based on the formal completion of the criminal act but extending until the situation of harm to one's own or others' legal interests has ceased).
 In 2023, in terms of the legitimate exercise of the state's right to punish, there were many efforts to modify en banc decisions that extended beyond the literal interpretation of the law or to provide clarification on the meaning of legal provisions. While the ideal resolution for legal shortcomings would be through legislative measures, the impracticality of enacting legislation to address every situation necessitates the application of the law through judges' reasonable interpretation. Therefore, the positive aspect lies in not rendering outcome-oriented judgments based on the principle of proportionality. However, it is necessary to consider criticism that calls for clearer and more comprehensible improvements to the Supreme Court's en banc decisions, which currently restrict legal principles through their power of authoritative interpretation.
 Furthermore, it is noteworthy that many elements, which are not explicitly stipulated in the basic criminal law but are present in various special criminal laws, can be evaluated as serious crimes. To enhance the effectiveness of crime regulation and the general preventive impact, systematic legislative adjustments within the criminal law framework for these crime elements are essential.

Strengthening The Regulation Of Implementing The Authorities Of MPR

The “Badan Pengkajian MPR RI” is responsible for examining the state system, including the authority of the MPR. For this task, they require input from experts and academics. This article describes the Community Service activities by the Expert Team from Unika Santu Paulus Ruteng together with Group III of the Badan Pengkajian MPR RI in the framework of drafting an academic paper on the regulation of the implementation of the authority of the MPR RI. Through a focused group discussion (FGD) held in Labuan Bajo on July 11, 2023, the Experts/Academics provided their thoughts to the leaders and Members of the Badan Pengkajian MPR RI, the Secretariat General of the MPR and the Technical Committee, regarding the MPR as a crucial and strategic state institution in maintaining and monitoring the governance of all state institutions based on the pillars of Pancasila, the 1945 Constitution of the Republic of Indonesia, the Unitary State of the Republic of Indonesia, and Bhinneka Tunggal Ika. To support the role of the MPR RI, a new law is needed that regulates and explains the authority of the MPR in establishing the constitution as a constitutional basis for the state and also the authority of the MPR in establishing the GBHN as an operational basis for the nation and state. The law also stipulates the authority of the MPR in providing authentic and authoritative interpretations of the text of the law.

Central Control vs. Local Liberties: Environmental Stewardship in Indonesia's Power Struggle

This paper confronts the contentious power dynamics between central governance and local autonomy in environmental stewardship within Indonesia. It dissects the tug-of-war between centralized control and regional liberties, unveiling the ramifications for environmental management and protection. Through a critical lens, the paper examines how divergent interpretations of authority have precipitated a power struggle with far-reaching implications. It scrutinizes instances where central dominance has stifled local initiatives, constraining innovative approaches to environmental conservation. Conversely, it analyzes scenarios where unchecked regional autonomy has led to environmental exploitation and neglect. Drawing on empirical evidence and case studies, the paper unveils the multifaceted dimensions of this power struggle, encompassing legal ambiguities, political maneuvering, and socio-economic disparities. It highlights the inherent tensions between national environmental imperatives and regional aspirations for self-governance, fueling a discord that undermines sustainable development objectives. Furthermore, the paper interrogates potential pathways forward amidst this power struggle. It advocates for a recalibration of governance structures that reconcile centralized oversight with localized autonomy, fostering cooperative frameworks that empower regions while safeguarding national environmental interests. In conclusion, the paper underscores the urgency of addressing Indonesia's environmental power struggle. It calls for a nuanced approach that navigates the delicate balance between central control and local liberties, forging a path towards collaborative environmental stewardship that transcends political divides and fosters sustainable development for all Indonesians.

Markus, Macht und Krise

Abstract As a narrator, Mark is a powerful authority. With his Gospel, he offers crisis management to his community in the existential crisis of the 70s and employs a narrative- historiographical approach. The offering of this crisis management is accompanied by the formation of authority and strong asymmetrical dependencies. The essay at hand traces these extremely complex processes and concretises the Markan “exercise of power” in two examples, namely the picture of Jesus’ relatives and the fleeing young man in 14:51–52. My impression is as follows: the narrator depicts various uncompleted positions towards Jesus without rashly marking “red lines”. He deliberately uses his authority of interpretation to grant “broken existences in the discipleship” a firm place within his community. Thus, he seeks to constructively respond to the acute crisis and consolidate this community.

Los derechos humanos y el poder psiquiátrico en disputa. ¿Hacia una radicalización de la democracia?

Abstract This article analyzes the type of power that is disputed in contemporary debates on human rights, mental health and equal recognition before the law (Art. 12 of the Convention on the Rights of Persons with Disabilities: CRPD), where the most burning issue is the abolition of involuntary treatment and commitment. To do so, we intersect Foucault's and Agamben's perspectives on sovereign power and biopowers. We analyze the emergence of the psychiatric device as institution; legal medicine; biological determinism, and; line of thanatopolitical escape, the point of emergence of Nazi extermination. We connect this analysis with the emergence of human rights and UN regulations on "disability/mental illness" up to the CRPD. Among other things, we conclude that the authoritative interpretation of Art. 12 abolishes a state of exception to human rights, which is constitutive of modern democracy and of the emergence and deployment of the psychiatric device, whose competencies of sovereign power are in dispute.

Vulnerability in Inclusive Research: Exploring Co- and Professional Researchers’ Experiences in a Community-Based Participatory Project on the Disability Family

In the transition to a less protectionist research ethics paradigm—in which vulnerable groups are no longer excluded from participating in research—academic researchers need to think differently about vulnerability. By means of a collective autoethnographic investigation of professional and co-researcher’s experiences in a community-based participatory research (CBPR) project, this article explores how vulnerability is experienced and perceived in the work process and how to respond to vulnerability. It finds that vulnerability manifests in two main ways—that of feeling “emotional hurt” and “epistemic self-doubt”—and that it comes from two main layers: the lived life and from working within CBPR. The main argument in the article is that vulnerability is inevitable in qualitative research like CBPR, when involving persons in vulnerable life situations. We propose four key recommendations for future research: (a) accept vulnerability as an inevitable part of CBPR, (b) balance protection with participant autonomy in situ and together as a team, (c) use a processual approach because ethical risks in the research context might alter over time, and (d) accept that placing co-researchers at the center of interpretative authority can increase professional researcher’s vulnerability. The article expands existing understandings of ethical issues and risk in inclusive research through a combined and innovative focus on both professional and co-researcher’s lived experiences.

The Nature and Process of Meaning-Making in Text-Based Classroom Discussion of an American Islamic School

This study aimed to uncover how elementary school students and their teacher make meaning as they participate in text-based classroom discussion at an American Islamic school. One English language art teacher and 20sixth grade students participated in this study. We employed a case study design with classroom observation, field notes and documentation as tools for data collection. The gathered data were analyzed qualitatively. We found that the classroom talks in discussing textual information followed the traditional I-R-E (Initiate-Respond-Evaluate) pattern in which the teacher held control over turn-taking opportunities and interpretive authority. The students’ participations in this discourse were restricted to remembering facts, rules and procedures found in the text in which their responses were limited and brief. In contrast, the classroom talks about extratextual information as well as about Islamic knowledge and values were more dialogic in which the conversational flow was not directed by the teacher. The students’ responses were longer with elaborated explanation or reasoning to support their position. Their Islamic cultural backgrounds and practices also enabled them to extend the discussion and make better sense of the text. These findings indicate that teachers’ didactic strategy in conducting text-based classroom discussion shapes whether students would have meaningful interaction or not. We subscribe to the view that meaning of text and knowledge construction are not solely derived from the text or defined by one person. Instead, they can be co-constructed in dialogic discussion that challenges various voices, tensions and conflicts between members of the class.

Research on the System of Interpretation of the Basic Law of Hong Kong

The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (PRC) is implemented within the framework of the law rule, which is closely related to the Basic Law interpretation mechanism. It is stipulated in the Basic Law that the Standing Committee of the National People's Congress (NPC) has the authority of interpretation, and the Standing Committee of the NPC authorizes Hong Kong (HK) courts to have the power of interpretation when trying cases. Under the "One Country, Two Systems" policy, the common law goes on to be adopted in HK according to the Basic Law provisions. Therefore, that Law combines the background of the socialist law mechanism with Chinese features as well as the common law mechanism. The interaction and coordination between the two is an important issue in its implementation. This paper provides an overview of HK Basic Law interpretation system, and provides an overall review of the five interpretations of the National People's Congress Standing Committee since the construction of HK Special Administrative Region (HKSAR). It analyzes differences in legal interpretation rules between the two regions, and explores the connection and coordination between the two interpretation mechanisms of the NPC Standing Committee and HK courts.

Contestation on Religious Interpretation in Contemporary Aceh Sharīa: Public Caning in Prison as the Case of Study

This study aimed to discuss the debate and controversy surrounding interpretations that are considered authoritative about interpreting Sharīa proposition regarding the ta'zīr public caning legal procession in prisons in Aceh, from what was previously held in an open space. The debate occurred and took place in various media, including social media, following the issuance of the 2018 Aceh Governor's Regulation concerning the relocation of the punishment procession. The discussion continued long enough to debate the interpretation which is considered the most valid regarding the necessity of caning for being witnessed by a group of believers (mukmin); the selection of the place where the punishment will be carried out; until the legal reasoning, intent and purpose of the caning punishment itself to be witnessed in public space according to Sharīa, as explicitly stated and interpreted in the Al-Qur’an Surah An-Nur: verse 2. By using literature studies and empirical investigations as the method, this article would like to use synthesis approach for analysis by putting theory “authoritative” and “authoritarianism” as the framework. The research finding shows that certain view which has been popularized through media is supposed as an authoritative interpretation and understood as the “should be” according to sharīa by the public, so that must be imposed of caning and openly witnessed (not in jail) during the formalization of Islamic law in contemporary Aceh.

Interpretive legislation: comparative legal analysis

The author tries to show and explain a rather controversial legal mechanism called "authentic interpretation” of legal norms or "interpretative legislation”. By showing a comparative overview of different legal systems in Romano-German and Common law families, the author wants readers to guess whether interpreting laws (statutes, by-laws) with retrospective power is purely a judicial task. Why have we gotten used to thinking this way, and what in the separation of powers thesis excludes lawmakers from the authority to interpret their laws? At the same time, it is mentioned that the retrospectivity of laws does not necessarily violate the rule of law requirements when it is aimed at lacuna in laws or fixing technical defects in law.
 Specific attention is paid to constitutional case law in different countries that classify the authority of abstract interpretation as a part of legislative power. Judicial deference as a doctrine developed by the US Supreme Court also described in this article. Having analyzed the experience of Slovenia, Croatia, Italy, Belgium, Australia and the USA, the author returns to Ukraine and shows some tendencies towards authentic interpretation, though not fully realized so far neither by the Supreme Court nor by Verkhovna Rada of Ukraine.
 There are many questions on how justifiable it is to employ the authentic interpretation and whether it is instead an ultima ratio than regular practice. On the other hand, taking into account the current state of development and complexity of legislation in all spheres of social life, there is a need not only for legal monitoring, but also for preventive interpretive measures to eliminate ambiguity in judicial practice, correct judicial errors in interpretation and prevent undermining of legislation by courts due to incorrect interpretation.

تکملہ فتح الملہم :ایک تعارفی مطالعہ

Abstract The field of Hadith studies contains a wealth of knowledge accumulated over centuries by religious scholars. One particularly noteworthy contribution is "Takmila Fath al-Mulhim," an extensive commentary on the Hadith collection of Imam Muslim. Mufti Muhammad Taqi Usmani, a prominent modern-day Islamic scholar, carried forward the exegetical work started by the late Allama Shabbir Ahmad Usmani. Allama Usmani's scholarly pursuits and political commitments had prevented him from finishing the commentary during his lifetime. Mufti Usmani took up the unfinished project and brought it to completion as a continuation of Allama Usmani's efforts. Mufti Taqi Usmani dedicated close to 19 years to finish the unfinished portion on the "Section on Marriage." Given its expansive contents on Hadith, Fiqh and contemporary issues, this commentary can be compared to a library itself. It serves as an invaluable reference for Hadith scholars and students alike. This article provides an overview of the distinctive features and salient contributions of "Takmila Fath al-Mulhim." It highlights the commentary's comprehensive nature, Mufti Usmani's authoritative interpretations, and its accessibility to contemporary readers. The legacy of meticulous Hadith scholarship established by Allama Shabbir Usmani finds its completion through Mufti Taqi Usmani's rigorous efforts in this work.

A driving force, a driven force? Social media and police self-legitimacy

Social media (SM) have changed the conditions and forms of public communications and have been part of the standard communication repertoire of police authorities for a while now. Despite their importance, many aspects have been insufficiently researched, including their role in the self-legitimisation of the police. This article examines the SM strategies of police press and public relations in the context of an increasingly critical public in Germany. Based on expert interviews with press officers from German police authorities, it shows how police organisations are evaluating the changing communication landscape and which strategies they are pursuing to appear as legitimate authorities in an increasingly networked world. The focus is on how the police are adapting to the new technologies of SM and using them to negotiate legitimacy. We show how the police use SM to shape public debate, generate resonance and deal with the perceived loss of their interpretive authority. For this purpose, we question the self-image of the police as given by their media representatives. We examine it in discursive political struggles over crime and legitimacy. We show that social technological changes are turning the police into an active, opinion-forming actor who permanently have to negotiate their authority through visibility.