Search

Begin New Search Topic Legal Theory

1. The social and economic cost of Egypt's prison system

Author:
Egyptian Initiative for Personal Rights Legal Researcher and Lawyer
Publication Date:
02-2022
Content Type:
Research Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Legal scholars have long been concerned with how to deter crime and limit its spread. For a long time, imprisonment has been used as a tool to serve these two purposes. On one hand, prisons function as a means to deprive inmates of their liberty and deter public and private crime. On the other hand, they also seek to reform convicts in a way that facilitates their reintegration into society by adopting appropriate rehabilitation programs for each prisoner.1 Despite the general deterrent impact of imprisonment, overreliance on such penalties can also have negative consequences – particularly when prisons fail to fulfil the rehabilitation component of their role. Prisons then risk turning into a hotbed that enables even more dangerous criminal behavior. As such, some legal scholars believe that penalties that deprive individuals of their liberties are no longer considered the best or only means to create more stable and secure societies, nor to reduce crime rates.
Topic:
Crime, Law, Legal Theory, and Legal Sector
Political Geography:
Africa, Egypt, and MENA

2. The Legal Role of Government in Protecting Cultural Heritage and Archaeological Sites in the War-Affected Countries: The Case of Iraq and Syria

Author:
Rukhsar Ahmad
Publication Date:
06-2022
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Conserving cultural heritage and archaeological sites have become a serious national concern in the Middle East for the war-affected countries, including Iraq and Syria. Because looting and violence have caused massive destruction of cultural heritage and archaeological sites, this study aimed to analyze the legal background concerning the protection of cultural heritage and archaeological sites in the context of Iraq and Syria during 2014 with the rise of the Islamic State of Iraq and Syria (ISIS). This study used the content analysis method and cross-country analyses for Iraq and Syria. The study is guided by two main questions: What is the government's legal role in protecting cultural heritage and archaeological sites? Are there any legal authorities in Iraq and Syria to protect cultural heritage and archaeological sites during war and conflict? In the end, this paper suggests that protecting cultural heritage is the legal responsibility of government which is supposed to be enforced in the legal foundation of the state as a national sovereign power.
Topic:
War, Governance, Culture, Legal Theory, Heritage, and Archaeology
Political Geography:
Iraq, Middle East, and Syria

3. The Status of Amnesty Provisions in Situations of Transition under the African Charter

Author:
Solomon Dersso
Publication Date:
05-2021
Content Type:
Policy Brief
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
This policy paper presents a review of the analysis of the African Commission on Human and Peoples' Rights on the legal validity of amnesty provisions under the African Charter. It examines how the obiter dictum of the Commission in Thomas Kwoyelo v. Uganda advances its jurisprudence on amnesty and the parameters the Commission has set for evaluating amnesty provisions.
Topic:
Human Rights, Legal Theory, Violence, Peace, and Reconciliation
Political Geography:
Africa

4. The Long Road to Economic Transformation in the Gulf

Author:
Nader Kabbani
Publication Date:
05-2021
Content Type:
Journal Article
Journal:
Cairo Review of Global Affairs
Institution:
School of Global Affairs and Public Policy, American University in Cairo
Abstract:
To successfully reinvent their economies, Gulf states must move past the deadweight of legacy policies and their adverse consequences.
Topic:
Economics, Governance, Economic Growth, and Legal Theory
Political Geography:
Gulf Nations

5. Beyond Justices The Legal Culture of Judges in Mexico

Author:
Azul Aguiar Aguilar
Publication Date:
06-2020
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
Judges’ ideas, beliefs, and values are central to adjudication. Empowering the courts was a crucial step in third‐wave democracies and, after some unfulfilled promises regarding the potential of the judicialization of politics for rights expansion, we need to learn more about the individuals that were empowered and what their legal culture can tell us about judicial behavior. Do judges consider themselves political actors having a legislative role? What type of legal culture do they have? To advance our understanding of these key determinants of judicial behavior, I use a survey with federal judges in Mexico to explore to what extent judges adhere to a positivist or a principle‐based constitutionalist legal culture. Findings suggest that there is a tension in the judiciary, with some judges embracing the idea of legislating from the bench while others prefer to play the role of being “the mouthpiece of the law.”
Topic:
Culture, Democracy, Legal Theory, and Judiciary
Political Geography:
North America and Mexico

6. The web of legal pluralism and traditional authorities in Mozambique

Author:
Jorge João Muchacona
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Brazilian Journal of African Studies
Institution:
Brazilian Journal of African Studies
Abstract:
Legal pluralism is seen as a theory that supports the coexistence of several legal systems within the same society. This is due to the existence of efficient legal systems, simultaneously in the same environment and spacetime. This coexistence of several legal systems in the same space and time has gained historical relevance due to several factors, such as the rupture of the Roman Empire, which resulted in the forced cultural exchange resulting from the barbarian invasions. Colonization also caused a situation in which several rules and customs of different peoples had to coexist, namely between colonized and colonizers. With decolonization, legal systems were created based on the rules of the colonizers, but with specificities and differences of their own. Globalization has also influenced the diversification of legal pluralisms, weakening the role of the state as the sole holder and creator of legal systems.
Topic:
Globalization, Law, Legal Theory, Colonialism, Authority, Pluralism, and Legal Sector
Political Geography:
Africa and Mozambique

7. Provincial Pride, Public Outcry: The Creation of the Lahore High Court and Judicial Development in South Asia

Author:
Yaqoob Khan Bangash
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The creation of a modern judicial system is one of the most enduring legacy of British rule in South Asia, especially the Punjab. In the Punjab, the judicial system not only ingrained itself quickly but the province soon became the most litigious in India. Despite being often labelled as the ‘loyal’ province, progress in its higher judiciary was slow. Even though the Punjab got a Chief Court in 1866, it was only after decades of representations by the judges of the Punjab Chief Court, the Government of the Punjab and finally the Government of India, that Whitehall granted a High Court to the province in 1919, much later than other comparable provinces. The reasons behind such a delay, the long-drawn process, and the final upgradation of the Punjab Chief Court as the Lahore High Court, merit study as they shed critical light on the pattern of governance, development of public interest, and the ultimate role and impact of the judiciary in the Punjab.
Topic:
Post Colonialism, Governance, Legal Theory, Local, State Building, Judiciary, and Community
Political Geography:
India and Asia

8. Legal Conservatism and the Progressive Blame Game

Author:
Jesse Merriam
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
Humanitas
Institution:
The Center for the Study of Statesmanship, Catholic University
Abstract:
In a recent essay in The Independent Review, I praised Bruce Frohnen and George Carey’s Constitutional Morality as “one of the best, if not the best, constitutional law books of the last decade.” As I explained in that review essay, Constitutional Morality is distinct from many other excellent pieces of constitutional law scholarship in both its ideological breadth and analytical depth. By “ideological breadth,” I am referring to how, as compared to other works in constitutional law and theory, Constitutional Morality resists partisan tropes and examines how both conservatives and liberals alike have derogated their constitutional duties. The book thereby exposes the deficiencies of the bipartisan consensus supporting our constitutional order. Constitutional Morality’s publication in 2016 is thus particularly apt, as the presidential election that year represents a reconsideration of the commitments and coalitions underlying our national political parties and institutions
Topic:
Legal Theory, Conservatism, Ideology, Progressivism, Legal Sector, and Partisanship
Political Geography:
North America and United States of America

9. Reflections on Judicial Duty

Author:
Patricia M. Lines
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
Humanitas
Institution:
The Center for the Study of Statesmanship, Catholic University
Abstract:
In this timely study Bruce Frohnen and George Carey uncover serious lapses in the operation of our federal government—lapses which constitute a depressing failure to be true to the Constitution. The authors charge all three branches of the federal government with neglect of their constitutional duties and, all too often, exceeding their constitutional authority. Congress has delegated law-making responsibilities to administrative agencies and has not exercised oversight of the agencies it has created. Presidents have usurped lawmaking functions through executive orders, and the Supreme Court has failed to check the reach of the legislative and executive branches. I applaud the authors’ efforts to call attention to these serious problems. While I agree with the Frohnen and Carey concerning the Court’s failure to check the excesses of the executive and legislative branches, especially during the New Deal, I respectfully disagree that the Supreme Court has exceeded its judicial power. To make their case, our authors focus on just one highly controversial and unpopular case, Roe v. Wade. I will argue that the Court in this matter has remained within its constitutional boundaries, following common law and its own self-imposed rules.
Topic:
Governance, Legal Theory, Judiciary, Legal Sector, and Abortion
Political Geography:
North America and United States of America

10. A Response to Critics

Author:
Bruce P. Frohnen
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
Humanitas
Institution:
The Center for the Study of Statesmanship, Catholic University
Abstract:
My thanks to the participants in this symposium. I know that my co-author, George Carey, would be as gratified as I am at the serious consideration given, here, to Constitutional Morality and the Rise of Quasi-Law. At first I was puzzled by William Gangi’s summation of our book as one that addresses the adage that “a constitution originating in one country may not be transplanted to another country and be expected to work in the same manner as it had in the country of origin.” The book includes some comparative analysis of constitutions to show their reliance on the underlying culture for their success and the importance of the fit between tradition and text. Still, it focuses on the American Constitution, not on the application of any country’s constitution to other countries. Then again, as Gangi notes, in a more fundamental sense our book is about the interaction between the written constitution of the United States and the unwritten constitution of institutions, beliefs, and practices that shaped the American people, the American culture, and the constitutional morality that until fairly recently held officials to their public duties. This is a particular instance of the universal problem of “fit” between constitution and culture.
Topic:
Governance, Constitution, Legal Theory, and Legal Sector
Political Geography:
North America and United States of America