Disobedience in the Courtroom: Iliad 18.497–508

2022 ◽  
Vol 5 (1) ◽  
pp. 1-24
Author(s):  
Charles Baker

Abstract This article aims to combine a literary and a detailed linguistic approach to the “trial scene” in the Shield of Achilles. Legal historians attempt to reconstruct a judicial system, encountering textual issues and incompatibilities. Ekphrasis is rarely mentioned, and writings on ekphrasis rarely treat the trial scene in detail when discussing the Shield. A close reading, underpinned by the theory of ekphrasis, is able to address these difficulties. This passage describes a series of alternative dispute solutions, rather than a coherent judicial process. This presentation argues that this makes the passage central to the poetics of the Shield, not an outlier.

2020 ◽  
Author(s):  
Jingjing Hao ◽  
MENG CHEN

In recent Covid-19 outbreak Chinese informationized judicial system provides reliable and efficient alternative platform for disputes resolution and judicatory justice. This article presents a comprehensive and in-depth examination of the Chinese judicial system’s efforts and achievements in informatizing the judicial process.


2021 ◽  
Vol 11 (2) ◽  
pp. 205-225
Author(s):  
V.V. MOVCHAN

The article reveals the theoretical aspects of administrative legal proceedings, as one of the forms of the exercise of judicial power, the features and significance of the administrative judicial process in the mechanism of protecting the rights and freedoms of man and citizen, the analysis is given of the constitutional foundations of the human rights function of the judiciary, its essence and content, procedural actions. The author reveals the historical aspects of the formation and development of judicial protection in Russia, oreign experience and models of administrative justice are considered, the importance of administrative proceedings in the implementation of the human rights function of the judiciary in the Russian Federation when considering disputes with the participation of public authorities and citizens and the exercise of the rights, freedoms and legitimate interests of citizens is revealed. The author substantiates the advantages of the judicial administrative process as a procedural form of implementation of the human rights function of the judiciary and the implementation of the constitutional right to judicial protection, analyzes the reform of the judicial system of the judicial system, the creation of courts of appeal and cassation in the system of arbitration and general jurisdiction, substantiates the conclusion that the reform of the system of courts of general jurisdiction created organizational and judicial framework for the specialization of judges and court proceedings, the system of institutional intra-system control of the legality and validity of judicial acts, institutionally and functionally ensured the implementation of the human rights function of the judiciary and the availability of judicial protection in the system of courts of general jurisdiction.


Author(s):  
Lisa M. Holmes

The American judicial system is not a static, simple, or mechanical entity. Rather, it is a complex organization that is developed and staffed in response to changing caseload and societal pressures through a process that is inherently political. The key personnel who help the judiciary function bring varied backgrounds and perspectives with them that influence the work they do. As is the case with any political system, understanding American politics and policy making requires an understanding of the judiciary’s role in the American political system. In addition, on a daily basis, courts function to resolve disputes. While most cases have little direct impact on American policy or society broadly speaking, the resolution of these cases is important to those who turn to the courts of law to resolve their disputes.


2011 ◽  
Vol 5 (1) ◽  
pp. 202-220
Author(s):  
Juanita Van der Walt ◽  
Rose Luke

One of the cornerstones of the judicial process is the presentation of evidence in a court of law. The integrity of evidence is vital to reassure the courts that the correct procedures were followed throughout all the processes it was subjected to. In South Africa, the Forensic Science Laboratory (FSL) in Pretoria analyses and stores evidence. The storage facility within the FSL should contribute to the prevention of evidence contamination or degradation thereby also leading to improved service quality and output to its customers. The proper delivery of evidence can lead to the conviction of suspects and to the freedom of the innocent. This study investigates the storage facilities at the FSL to determine whether these are appropriate to ensure the integrity of evidence throughout all the processes it goes through and to recommend actions to continue to add value to the judicial system.


2011 ◽  
pp. 114-124
Author(s):  
P. Kryuchkova

The article is devoted to the influence of the judicial system on the competition development in Russia. The role of the judicial system in forming acceptable standards of proof in antitrust cases, in decreasing uncertainty in the antitrust law implementation is discussed. The issue of possible increase of the role of antitrust law private enforcement is also discussed. The article argues that the influence of the judicial system on antitrust law implementation and competition is ambiguous. On the one hand, there are some positive effects from decreasing uncertainty in the law implementation, rather high standards of proof in the majority of antitrust cases, really adversary character of the judicial process. On the other hand, the judicial authorities position on some issues, for instance qualification of tacit collusion, has turned for the worse. The serious problem is lowering the standards of proof in some politically committed cases.


2013 ◽  
Vol 20 (1) ◽  
pp. 199-213
Author(s):  
Dorina-Daniela Vasiloiu

Abstract In the present study, I seek to examine narrative in consideration of three of its most important dimensions: the social (others’ narratives), the cognitive (acquisition of knowledge through stories), and the linguistic (acquiring and producing knowledge through language). There is no point of contention that ‘narrative’ is essentially communicative and dependent on a sociolinguistic and cultural context. Yet, with regard to fictional narratives, recent studies on text processing challenge the view of text as communication in its conventional sense. I explore the way(s) in which fictional worlds communicate from the constructivist standpoint and set out to develop the notion of narratorial stance. I then make use of the concept in the close reading section of the paper in order to examine and exemplify the modes in which Hornby’s homodiegetic narrators represent themselves and the others in their ‘turn-at-talk’ or stance-taking acts


2019 ◽  
pp. 143-169
Author(s):  
Julie E. Cohen

This chapter explores changes in institutions and processes for dispute resolution. The gradual but accelerating movement to informational capitalism has confronted the judicial system with two large and interrelated problems: a proliferation of asserted harms that are intangible, collective, and highly informationalized; and an unmanageably large and ever-increasing number of claimants and interests. Emergent responses to those problems reflect the ascendancy of managerial ideologies about the nature of effective governance and the universe of feasible institutional strategies and practices. The managerial turn reinforces the traditional emphasis on concrete, individualized claims and frames dispute resolution problems as problems of production at scale to be addressed using techniques for input sorting and supply chain management. The judicial system—conceived throughout the industrial era as a monolithic dispenser of one-size-fits-all justice—is being reconceived and re-engineered along streamlined and diversified lines that are optimized to the interests of powerful information-economy actors.


2020 ◽  
Author(s):  
Jingjing Hao ◽  
MENG CHEN

In recent Covid-19 outbreak Chinese informationized judicial system provides reliable and efficient alternative platform for disputes resolution and judicatory justice. This article presents a comprehensive and in-depth examination of the Chinese judicial system’s efforts and achievements in informatizing the judicial process.


Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 41-45
Author(s):  
Irina V. Vorontsova ◽  
◽  
Yulia A. LuKonyna ◽  

The article reveals the definition of the artificial intelligence through the prism of the information law and modern trends in the development of the new generation technologies in the judicial system of Russia and the most digitally developed foreign countries. The artificial intelligence is seen as a virtual assistant, designed not to replace the judge, but to become an aider for him, capable of performing simple automatic operations that make up the judicial process.


2015 ◽  
Vol 17 (1) ◽  
pp. 45-84 ◽  
Author(s):  
Shuruq Naguib

In recent decades, Bint al-Shāṭiʾ’s literary approach to the exegesis of the Qur'an received some scholarly attention. This has particularly been directed at the exegetical method she developed under the tutelage of Amīn al-Khūlī. This paper aims to re-examine Bint al-Shāṭiʾ’s exegetical oeuvre with an interest in its hermeneutic underpinnings. Through a close reading of her work al-Tafsīr al-bayānī li'l-Qurʾān, questions about authority, language, and application emerge as central to her approach. These questions are further explored in light of the tension between modernity and tradition characterising her intellectualism, and in the context of her personal journey as a woman attempting to establish an authoritative exegetical voice in a male-dominated tradition. The paper concludes with a discussion on Bint al-Shāṭiʾ’s stance on the primacy of a linguistic approach for understanding the Qur'an and thus her divergence from Amīn al-Khūlī who emphasised history above language in his Manahij al-tajdīd. The emphasis on linguisticality evolves in Bint al-Shāṭiʾ’s work into a theology of humanity in which women are equally entrusted with understanding the Qur'an, revealing her interpretation to be motivated not only by an interest in the Qur'an's literary inimitability but also by a concern for social application.


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