Ordinary Proceedings Research Articles

Вопросы дифференциации досудебного производства по уголовным делам в отношении иностранных граждан

The aim is to identify and substantiate the difference between pre-trial proceedings in criminal cases against foreign citizens and the usual procedure of preliminary investigation, to propose a slightly different procedure of criminal proceedings, which allows to carry out these proceedings effectively and to talk about the differentiation of the criminal procedural form of these proceedings. Methodology. Dialectical method, method of system-structural analysis, formal-logical method, comparative method were used. Conclusions. Pre-trial proceedings in criminal cases against foreign citizens have differences from ordinary proceedings, which makes it possible to attribute it to differentiated forms and critically approach some of the other opinions of scientists expressed in science. Scientific and practical significance. The substantiated provisions on the presence of peculiarities in criminal proceedings in respect of foreign citizens complement the theoretical model of preliminary investigation in this category of cases proposed by scientists and the opinion in the doctrine about the expediency of differentiation of proceedings in criminal cases of this category. From a practical point of view, the application of the developed proposals and their introduction into the criminal procedural legislation will increase the effectiveness of preliminary investigation.

The Problematic Issues of Jury Selection

It is known that the jury is not an institutionally separate legal entity. It functions alongside the Court of First Instance and is a special form of administration of justice. Unlike ordinary proceedings when a judge makes a decision based on the law, a jury trial relies on the opinions of ordinary citizens applying to their "inner voice" - conscience, "common sense", folk wisdom and intelligence, public morality, sense of justice. That is why jury trial is considered the highest expression of democracy. It is an interesting institution in many ways. The article reviews the problematic issues of jury selection.
 The article analyses theoretical and practical aspects of selecting non-professional judges, the preconditions of their selection, recusals and the jury composition. Legislative changes have been evaluated positively, but there are still challenges. Accordingly, the problems associated with jury selection are identified and the specific recommendations are made to prevent the process from delaying and choose independent, unbiased jurors.

Razvoj pravne zaštite potrošača u poljskim sudskim postupcima - novi odvojeni postupci

In recognition of the concept of consumer rights to trial, individual and collective consumer rights should be extended across Europe as well as nationally. The need to affirm the procedural position of the so-called vulnerable parties in civil law proceedings is a complex and multifaceted matter. The Polish legislator having devised new separate proceedings in consumer cases is a manifestation of the equalising justice principle having been realised. Regardless, one may well doubt whether the current procedural form comprises a sufficient volume of significant deviations from ordinary proceedings to justify such nature to be conferred upon it. Related deliberations form part of a broader discussion regarding the structure, form, and suitability of Polish procedural law.

PECULIARITIES OF IMPROVEMENT OF NATIONAL LEGISLATION ON ADMINISTRATIVE RESPONSIBILITY

The article reveals the main directions of improving the national legislation on administrative responsibility. It has been established that the current administrative-tort legislation of Ukraine does not meet the needs of today, either in content or in form. Its norms require a radical revision, and the systematization of legislation on administrative responsibility is the only way to improve the work of legal entities empowered to bring individuals to administrative responsibility. The following problems of a theoretical and practical nature that impede the improvement of administrative tort law: 1) lack of a clear understanding of the legal nature of proceedings in cases of administrative offenses; 2) tendencies towards refusal from the synthesis of material and procedural norms in the codified normative legal act on administrative responsibility; 3) duplication in the administrative-tort legislation of ideas, principles and provisions that ensure the effectiveness of criminal liability; 4) artificial limitation in the legislation of the circle of persons to whom administrative penalties can be applied; 5) imperfection of the procedure for bringing a person to administrative responsibility; 6) ineffective and unreasonably extended system of administrative penalties; 7) an imperfect and ineffective system of bodies authorized to bring persons to administrative responsibility. It was argued that administrative responsibility is, in fact, a prompt reaction of the state or other authorized bodies to violations of the law, and therefore “simplified proceedings” should be widely used in addition to “ordinary proceedings”. However, over the years of Ukraine’s independence, “simplified proceedings” have gradually disappeared from the law enforcement activities of administrative and judicial bodies. It is emphasized that the specificity of administrative responsibility lies in the fact that the subject, who has the right to initiate an administrative offense case, is often the subject considering the case on the merits. Therefore, knowledge of the material part of administrative tort law helps such a subject to determine the preliminary qualification of an offense, and knowledge of its procedural part – to consider the case and impose on a person one of the types of administrative penalties. It has been proved that “simplified proceedings” should be the key procedural form of bringing persons to administrative responsibility. It is noted that the codification of administrative tort law is a painstaking and systematic work in which well-known scientists who have been working on the problem of administrative responsibility for many years should participate.

Ewolucja cywilnych postępowań nakazowych i upominawczych w kierunku respektowania wymogów demokratycznego państwa prawnego

Although writ proceedings in the Polish civil proceedings have been in operation since the beginning of the modern Polish civil process, there are still controversies in the aspect of fairly structured court proceedings. The defendant may be convinced that their procedural rights have been violated. It is a consequence of considering the case without prior notification of the defendant about the initiation of the proceedings. In such an approach, the judiciary may be perceived as not respecting the standards of a democratic state ruled by law. At the same time, to be closer to the notions of a totalitarian or authoritarian state, because it is not the procedural rights of an individual that are primary, but the effectiveness of the authorities’ actions. However, the concerns about the order for payment mechanism are unfounded as long as the model in which the order for payment is applied complies with the necessary requirements. First, the public authority deciding the case should have the attribute of impartiality. It is not necessary that payment orders are issued by a court. However, if the case is not heard by the court, the judicial control of such decisions is necessary. Second, the evidence should not be assessed. The presentation of specific evidence may, however, be a necessary condition for issuing an order for payment. The issue of the public body examining cases is related to the issue of evidentiary proceedings. These two elements define the nature of the order for payment by defining a procedure model. Finally, it should be pointed out that the order mechanism in a democratic state ruled by law should only supplement the examination of cases in ordinary proceedings (or separate proceedings distinguished by the party types). If the number of cases examined in separate proceedings is significant, and even more so if this way of dealing with cases prevails, ordinary proceedings may be merely an illusion. If in a significant number of cases simplified procedures leading to issuing an order for payment are applied, procedural guarantees related only to ordinary proceedings are irrelevant in such cases.

Thought, Choice, and Other Causes in Aristotle’s Account of Luck

Abstract In Physics 2.4–6, Aristotle offers an account of things that happen “by luck” (ἀπὸ τύχης) and “spontaneously” (ἀπὸ τοῦ αὐτομάτου). Many of these things are what we might think of as “lucky breaks”: cases where things go well for us, even though we don’t expect them to. In Physics 2.5, Aristotle illustrates this idea with the case of a man who goes to the market for some reason unrelated to collecting a debt he is owed (197a17–8). While he is there, this man just so happens to run into his debtor and get his money back—which is what he “wanted” all along (196a4). This case has a number of features that have proved puzzling. Most notably, Aristotle seems to think that while “it happened accidentally to him to come and to do this for the sake of getting the money”, nevertheless the man “did not come for the sake of this”—though he “would have” (196b34–6). What must such a proceeding be like to be described in these ways? Physics 2.4–6 makes several important moves towards answering this question. One of them—among the earliest and seemingly a foundational one—is the claim that “for the sake of something are as many things as could be done by thought and by nature” (196b21–2). The aim of this paper is to identify the role that this claim plays in Aristotle’s account of spontaneous proceedings. It defends two main claims. First, Aristotle’s suggestion that spontaneous proceedings could be done by nature and by thought is the product of a more general strategy. His approach is to sketch an intuitive pattern of explanation for proceedings that happen for the sake of something in the ordinary—non-spontaneous—way, and then to try to extend that model to the case of things that do so spontaneously, preserving as much of it as possible. Applying this strategy reveals that whereas nature and thought in fact function as efficient causes of ordinary proceedings that are for the sake of something, this cannot be the case in spontaneous ones. Instead, nature and thought could function as their causes. Second, I argue that Aristotle’s implementation of this strategy is rooted in his account of causation and especially Physics 2.3’s list of “modes” (τρόποι) of causes. When he claims that spontaneous proceedings “could” be done by nature and by thought, he is saying that nature (in natural cases) and thought (in practical ones) are their efficient causes in capacity. In the practical case, spontaneous proceedings are caused by agents who have certain capacities, connected with their desires and abilities. In the right circumstances, these agents would actively exercise those capacities in acting for the sake of a given end.

ПРЕДМЕТНАЯ ОБЛАСТЬ ИНФОРМАТИЗАЦИИ СУДЕБНЫХ РЕШЕНИЙ

Introduction: we have created an information technology support program, named ‘LaserIP-GPK-2020’, designed to provide assistance in making reasoned court decisions according to the rules of the Civil Procedure Code of the Russian Federation in ordinary proceedings. With the help of this program, we demonstrate in the paper the complexity of the law enforcement process for a person and the assistance that software can provide to overcome this complexity. The paper shows the subject area of the information system created by us, outlines the ways of further enhancement of software intended to facilitate law enforcement, and challenges the myths about the robot judge. Purpose: to determine the possible types of software to be developed in accordance with the types of law enforcement operations, provided that the discretion function remains with law enforcement officers; to determine the directions of the formalization of law enforcement operations and the possibilities of gradual transfer of some of them to artificial intelligence. Methods: the universal dialectical-materialistic method, employed when converting the law enforcement process into the language of information technology; analysis and synthesis of the law enforcement process, the formal-legal method – for converting the requirements of law and legal science to law enforcement into software commands for the judge and the parties to the case; the object-oriented approach to modeling; the object-oriented programming methodology, a relational approach to database design. Results: the ‘Laser-IPGPK-2020’ computer program contains a sequence of law enforcement operations and rules for their execution, the multiplicity and complexity of which exceeds the capabilities of most law enforcement officers. This program is designed to prevent law enforcement errors resulting from the limited human capabilities with regard to retaining knowledge of the multitude of rules of law enforcement operations, and to obviate the expenditure of time required for each individual judge to solely produce a reasoned decision in a case. Conclusion: the selection and development of particular IT solutions to be applied in law enforcement practice when solving legal cases are determined by the analysis of the law enforcement process, which is the subject area of the program.

O możliwości kumulacji roszczeń w postępowaniu uproszczonym

The article presents the issue of the cumulation of claims in simplified proceedings. In order to present the subject, reference was made to the purposes of the separate proceedings, as well as the institution of the cumulation of claims in ordinary proceedings. The article also refers to the issue of joint participation and indicates the consequences of unacceptable cumulation of claims in simplified proceedings. An attempt was also made to evaluate the changes introduced to the Act of 17 November 1964 – Code of Civil Procedure in the scope of the subject discussed in the article, which have been in force in the legal order since November 2019.

Odmienny standard ochrony prawnej w elektronicznym postępowaniu upominawczym – uzasadniona potrzeba czy arbitralność ustawodawcy?

A different standard of legal protection granted in accelerated proceedings, which includes electronic writ proceedings (EWP), may and should be justified by the nature or subject of a given procedure. However, the separate lex specialis provisions introduced in the proceedings as compared to the solutions of ordinary proceedings may not lead to arbitrary limitations of the right to a court. The EWP, in the form given to it by the amendment of 4 July 2019, has largely been reduced to a sui generis court order for payment procedure, allowing for the pursuit of undisputed pecuniary claims. At the same time, it is still a way to obtain an enforce able title. From this perspective, the different standards introduced by the legislator resulting from the provisions of Art. 505 34 § 1 and 2 and art. 505 37 § 1 and 2 of the Code of Civil Procedure. The article is devoted to the analysis of the above-mentioned regulations and assessing whether the nature or subject of EWP justifies the differences provided for therein.

Рroblem aspects of individual, ordinary proceedings and in-council consideration of the case in terms of civil procedural legislation of Ukraine

In the order of the civil legal proceeding taken shipping from the civil, housings, domestic, labour relations landed,, and also from other legal relationships, exept for the cases when consideration of so goes the world is conducted after the rules of other court. Matters of obednuyut'sya in certain categories, that influences on the judicial specific of the legal proceeding. The article is devoted the problem aspects of separate, order realization and extra-mural consideration of business within the limits of civil judicial legislation of Ukraine. In the article the compressed description is given each of realizations, it is indicated on terms at which taken shipping in each of types of realizations, namely to separate, order, and zaochnomu. Each of the selected types of realization has inherent only this type of feature of their consideration in a court. Therefore description of realization in the civil rule-making pulls the special order (procedure) of consideration of separate categories of legal businesses; well-regulated the norms of civil judicial law order of realization in civil cases, that is determined by the system of взаємопов'язаних civil judicial laws and duties and civil judicial actions they will be realized that by subjects - court and participants of process; character determines and by the specific of material right or охоронюваного law of interest, that is subject to defence; judicial order of violation, consideration, decision of certain group of civil cases. From December, 15, 2017 changes inured in a Civilly-judicial code, and essentially a civil judicial law is expounded in a new release, here him substantially and it is radically changed. From this time courts apply new judicial norms. Thus, there is founding preliminary to analyse the next types of realizations. In accordance with a Civilly-judicial code by the tasks of civil is guard of rights and legal interests physical, legal entities, states by all-round just, timely consideration and dispatch of civil civil businesses in complete and by a current legislation. Legislation about the civil rule-making вс order of consideration of the civil cases incorporated after signs in three types of realizations lawsuit; separate; order.

Postupak u sporovima male vrijednosti u svjetlu odredaba Novele ZPP 2019.

Odredbe Zakona o izmjenama i dopunama Zakona o parničnom postupku (Narodne novine, broj 70/2019) počele su se primjenjivati 1. rujna 2019. i njima su unesene bitne promjene u postupku u sporovima male vrijednosti. Svrha je reforme odredaba kojima se uređuje postupak u sporovima male vrijednosti omogućavanje bržega, učinkovitijeg i jednostavnijega rješavanja predmeta, koji svojim brojem opterećuju sudove, a čija visina nije takva da bi zahtijevala veće angažiranje stranaka i suda. Tako je zakonodavac, radi veće procesne discipline stranaka, reformirao odredbe o dužnosti iznošenja činjenica i predlaganja dokaza; o (presumiranom) povlačenju tužbe; razlozima za žalbu i suspenzivnom učinku žalbe te je ukinuo obvezu objavljivanja presude odmah nakon zaključenja glavne rasprave i mogućnost izjavljivanja izvanredne revizije. Kako je normativno uređenje postupka u sporovima male vrijednosti gotovo redovito bilo određeni test za kasniju promjenu uređenja redovnog postupka, autor vjeruje da će ova rješenja, nakon njihove primjene u praksi, kao i stajališta sudske prakse i procesno-pravne teorije, ukazati na opravdanost njihova uvođenja u postupak u sporovima male vrijednosti te da će biti putokaz zakonodavcu da ih provede i u odredbe ZPP-a kojima se uređuje, tzv. opći parnični postupak radi provođenjem brzog, učinkovitog i racionalnoga parničnog postupka.

Some Law & Economics of the Class Action

Class actions aim to bring economies of scale to bear on legal proceedings, by joining cases that have a common cause of action against a common defendant into a single lawsuit leading to a judgment or settlement that binds the entire class. Legal procedures, lawyer time, evidence by experts and court resources are thus all used once for all, rather than multiple times during individual lawsuits. Where individuals would not have brought suit because the damage they suffered is too small in relation to the minimal fixed cost of a lawsuit (small claims, but, in a different sense, also mass torts, where the evidentiary problems may be extraordinarily complex and costly), the class action may make it possible to impose on a wrongdoer the full weight of individually small harms inflicted on many persons, that would otherwise go unchallenged. From an economic point of view, this internalisation of costs, shoring up the deterrent effect of legal rules, is a desirable development. Where individual victims are facing a large enterprise that is a repeat player in similar matters, with an interest in fighting to prevent any adverse judgment, the class action may (somewhat) level the playing field. Even where the individual interest at stake is large enough to justify a lawsuit, resorting to a class action may still be worthwhile given the more ample resources that can be mobilised, considering the size of the class, to collect evidence and present the case in court. While the class action's potential deterrent effect and the economies of scale in legal proceedings are undisputed, the procedure generates its own transaction costs, in particular as regards the agency problem of supervising the class counsel handling the case, whose interests may diverge from those of the class members. Class actions also create a risk of litigation about trivia, which in ordinary proceedings is controlled by the de minimis judex non curat rule. Furthermore, the size of the class may cause difficulties in contacting some of the members and of distributing the sums collected, such that a leftover amount may have to be paid to an outside entity whose activities favour the class. As the class action makes its deterrent effect felt, it becomes apparent that it is an alternative to direct regulation of potentially wrongful behaviour. This raises the question of the comparative advantages and disadvantages of this procedure.

Simplified lawsuit of civil proceedings in Ukraine: the challenges of the first year of application in judicial practice

As a result of the reform of the Ukrainian civil procedural law in 2017, civil justice has undergone significant changes – in courts of first instance may consider civil cases in a general procedure or in a simplified order. At the same time, the simplified procedure provides for two options: ordinary proceedings with court hearings or written proceedings, in which case proceedings are conducted without summoning of parties and without a court hearings. A generalization of the court practice of the courts of first instance, as a result of the analysis of 258 court decisions of first instance courts, approved during 2018 and available for research on the Single court decisions system website, provides an opportunity to highlight the most pressing issues arising in judicial practice and to suggest ways of their solution. Consequently, the problem of differentiation and the determination by courts of grounds for the consideration of civil cases is the subject of our attention in this article. To summarize, it was noted that court decisions mentioned in this part lack references to Part 1 of Art. 11 and Part 3 of Art. 274 CPC 2017 and, therefore, have no explanation as to why the case is being considered under simplified procedure and is classified as small claim or as a case which priority is a quick resolution of the case. In particular, these are cases concerning housing rights of citizens, recovery of alimony payments for the maintenance of young children, and the determination of the place of residence of young children. Authors concluded that in the legislation of other states, cases which are considered under simplified procedure are differentiated according to the value of claim, as well as to the specific category (Civil Procedures Rules 26.6 and 27.1, any claims with a value not exceeding 10,000 pounds, with special conditions concerning claims for damages revocation and claims of a tenant of a residential property to a lessor). At the same time, when deciding on the procedure for consideration of a case, the provisions of Part 1 of Art. 11 and part 3 of Article 274 should be used based on the principle of proportionality of civil proceedings and para 2 of Part 4 of Art 19 CPC 2017. In view of this, it is considered appropriate to draw attention to motivating the courts` decisions, as well as wider application of the provisions of the principles of proportionality of civil judicial proceedings and cooperation between the parties and the court to ensure the realization of the main task - effective protection of violated claimant`s rights.

Some Legal Aspects of Abbreviated Trial in Albania

The Criminal Procedure Code of the Republic of Albania, as amended, came as an expression of the society's need for a more effective fight against criminality, a process that should go hand in hand with respect of the human rights and fundamental freedoms. This code, among other things, brought a new concept with regard to the possibility of applying special proceedings, as alternatives to the ordinary proceedings of investigation and judgment in the criminal cases. Thus, after nearly half a century, is reinstated in the Criminal Procedure Code, the special proceedings institute and for the first time in the history of the Albanian procedural law, an abbreviated trial, is foreseen as an alternative judgment. In this context, this paper gives an overview of the abbreviated trial, its legal meaning and the advantages it brings to the parties in particular and to the criminal process in general. The paper also contains a synthesized review of the abbreviated trial, under Albanian legislation and addresses some of the issues of judicial practice, as well as a brief presentation at a practical point of view of the abbreviated trialcases, answering some of the problems arising from the practice.

Efektivitas Sidang Keliling Pengadilan Agama Sampit Dalam Penyelesaian Perkara Hukum Keluarga

               Research conducted by the researchers focused on three things. First, how the background of the idea of the circuit court of the Religious Courts Sampit. Second, what is the basic provisions that allow a circuit court Sampit Religious Court. Third, how the effectiveness of the implementation of the circuit court Sampit Religious Court.               This research is the study of law (legal research) is research that uses the type of sociology of law studies with persefektif EMIC. Using descriptive qualitative approach and a sociological approach to examine perceptions and behaviors that occur in the field of law. The data used in this study of primary data and secondary data. Subjects in this study there are 8 (eight) that three judges Religious Court Sampit, clerks replacement Religious Court Sampit, bailiff Religious Court Sampit, cashier/administration Religious Court Sampit, head of the Religious Affairs Office District of Seruyan Hilir Seruyan, head of the Religious Affairs Office Subdistrict Katingan Katingan Hilir district and subdistrict head of the Religious Affairs Office of the Middle Katingan Katingan. Collecting data through interviews, observation, documentation and to pengabsahannya through source triangulation techniques. Meanwhile, the data analysis through three stages, namely data reduction, display data, and Conclusion.               These results indicate that the background for the circuit court in the Religious Sampit three factors. First, the distance is quite far away. Second, geographical location or terrain traveled not only by land but there are also passing through the waterway. Third, to facilitate justice seekers get justice in the legal field. The legal basis that allows the circuit court Sampit Religious Court that the Supreme Court Circular (SEMA) No. 10 Year 2010 on Guidelines for Providing Legal Aid, gave an order from the High Court of Religion and Government Contracting Palangkaraya East Kotawaringin with DIPA funds given to the implementation of circuit courts Operational costs. While the effectiveness of the implementation circuit court conducted Religious Courts Sampit runs well and is very effective for society. The procedural law is used also law applicable in ordinary proceedings (litigation regular), which differ only in their implementation outside the Religious Court Sampit, namely in the Religious Affairs Office (KUA) local. Â

Simplified Civil Procedure in Japan

Japanese civil procedure covers four types of simplified procedures: ordinary proceedings in summary courts; actions on bills, notes, and checks; actions on small claims; and payment orders. Actions on small claims were newly introduced as civil procedure in 1996 to promote public access to justice. Summary courts have jurisdiction over these actions. The use of actions on small claims once increased to adjudicate a number of cases for the reimbursement of overpayment against consumer loan companies (Kabaraikin Suits). Although they have been used with less frequency recently due to the decrease of Kabaraikin Suits and increase of the use of other ADR procedures, they have a good reputation among their users and have successfully eased the burden on judges of district courts regardless of budget constraint. However, as more and more difficult cases are filed as actions on small claims, the burden of summary courts and court clerks seems to have increased. Providing information on simplified proceedings by courts and institutions of ADRs to citizens will solve this new problem by helping them to choose appropriate proceedings.

The Arbitrability of Competition Issues

The arbitrability of competition issues remains a little explored topic in Europe, both for domestic and international arbitrations. In the United Kingdom, Mustill and Boyd in their leading textbook on domestic arbitrations1 generally take the view that English law has never managed to develop a general theory for distinguishing those disputes which may be settled by arbitration from those which may not. In practice the issue is whether courts will stay ordinary proceedings or enforce the awards. The emphasis appears to be upon the latter as they believe in principle that any dispute or claim concerning legal rights which can be the subject of an enforceable award are capable of being settled by arbitration. As to this issue of enforceability, the main limitations they see are in the type of remedies which arbitrators can give as these are particularly limited by public policy and by the fact that arbitrators are appointed by the parties and not by a state. Thus arbitrators cannot impose fines or imprisonment, commit a person for contempt or issue a writ or subpoena. Neither can they make an award which is binding on third parties or which affects the public at large such as judgments in rem against ships, divorce decrees, or winding-up orders. This also applies, in their view, to decisions exempting agreements from the competition rules of the EC under Article 85(3) of the Treaty of Rome. The same would appear to follow for the granting of negative clearances. It also would, one assumes, imply that arbitrators cannot issue anti-trust awards which have an effect amongst a whole class of parties affected by similar behaviour. The authors do not draw from this any general conclusion that criminal, admiralty, family or company matters cannot be referred to arbitration. Nor do they conclude that an …

Główne kierunki polityki karnej realizowanej przez kolegia do spraw wykroczeń w latach 1972–1989

Główne kierunki polityki karnej realizowanej przez kolegia do spraw wykroczeń w latach 1972–1989

International Encyclopedia of Comparative Law. Vol XVI (Civil Procedure), Ch. 6: Ordinary Proceedings in First Instance

Journal Article International Encyclopedia of Comparative Law. Vol Xvi (Civil Procedure), Ch. 6: Ordinary Proceedings in First Instance Get access International Encyclopedia of Comparative Law. Vol Xvi (Civil Procedure), Ch. 6: Ordinary Proceedings in First Instance. by B.Kaplan,K.M.Clermont,A.Kohl,H.Schima,H. Hoyer,E.Wengerek,P.O.Ekelof,E.Vescovi,M.Cappelletti, & B.Garth.Tubingen: J.C.B. Mohr; The Hague: Martinus Nijhoff, 1984. Pp. 268. William B. Fisch William B. Fisch *Member, Board of Editors. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 36, Issue 1, Winter 1988, Pages 168–174, https://doi.org/10.2307/840190 Published: 01 January 1988

Art. XI.—Lecture on the present State of the Cultivation of Oriental Literature

It has been judged possible, by the Council of the Royal Asiatic Society, that the objects for which the Society was founded, and for which it is maintained, may be made more generally known, and more accurately appreciated, by the adoption of arrangements of a more popular character than our ordinary proceedings, and which may interest a more numerous and varied portion of the public than the Members of the Society only, in matters concerning the Eastern World. It is not to be denied that the subjects which in a peculiar degree engage the attention of the Society,—the antiquities and literature of the nations of the East,—have hitherto failed to receive that attention from the public at large which might have been expected, if not from their own inherent interest, yet from our long and intimate intercourse with the most important countries of Asia, and the political identification of India and Great Britain. Works of high merit, elucidating Oriental literature, history, antiquities, religion, the conditions of Asiatic society in past or present times, and descriptive of the products of art or nature in the East, usually meet with a cold and discouraging reception, even from the reading world, or at most attract passing and ephemeral notice, leaving no durable impression, creating no continuous and progressive interest.