Disobedience in the Courtroom: Iliad 18.497–508

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.

Infancia alterada en pleitos por la custodia de menores

In this article, the disputes of mothers and fathers about the custody and visitation of their sons and daughters are analyzed, through an interpretation of their narratives. It focuses on cases where divorce is conflictive, evidencing a significant presence of forms of gender-based violence, with and without a judicial complaint. Through stories, I analyzed the previous situation, the judicial process and the relations between the ex-partner once the definitive judicial measures had been taken in relation to the children. Nodal but not very visible elements are identified and analyzed at each moment of the judicial process: in the initial situation, the uncertainty experienced by the absence of rules of coexistence. Then, the difficulties posed by judicial rituals in showing complex situations and the mothers’ dilemma about whether or not to report the inconvenience their children may suffer for fear that they will not be believed. Finally, the emergence of new types of covert violence, such as financial abuse related to pensions and custody harassment. Divorces in which conflict becomes chronic can disrupt children’s daily lives. En este artículo se analizan las disputas entre madres y padres por la custodia y el régimen de visitas de sus hijos e hijas, mediante una interpretación de sus narrativas. Se focaliza en los casos donde el divorcio es conflictivo, evidenciándose una presencia importante de formas de violencia de género, con y sin denuncia. A través de relatos, analizo la situación previa, el proceso judicial y las relaciones entre la expareja una vez que se han tomado las medidas judiciales definitivas con relación a las criaturas. En cada momento del proceso judicial se identifican y analizan elementos nodales pero poco visibles: en la situación inicial, la incertidumbre vivida por la ausencia de normas de convivencia. Luego, las dificultades que plantean los rituales judiciales para evidenciar situaciones complejas y el dilema de las madres sobre si informar o no de los malestares que pueden sufrir sus criaturas porque temen no ser creídas. Finalmente, la emergencia de nuevos tipos de violencia encubierta, como el abuso económico vinculado a las pensiones y el acoso de custodia. Los divorcios en los que el conflicto se vuelve crónico pueden alterar la vida cotidiana de las criaturas.

Judicial Review By Public Prosecutors In Criminal Cases

Law enforcement efforts should begin to consider and make victims as parties who have an interest in the judicial process. Victims of criminal acts so far have not received enough attention in an effort to fight for justice. The things that are considered and considered include legal certainty, expediency and justice. Legal certainty is closely related to the guarantee of protection to the community against arbitrary actions aimed at public order, while expediency is to create the greatest benefit or happiness to the community, while justice is truth, impartiality, can be accounted for and treats every human being at the same time. equal position before the law (equality before the law). Likewise, the judicial review institution as part of an extraordinary effort in enforcing the law should also be based on these three objectives. On the other hand, the unaccommodated or unaccommodated interests of the victims in the legal provisions encourage interpretations that lead to the defence of interests and justice for the victims, even though in the end it is considered contrary to the law. On this basis, reforms or formal legal reforms summarized in the Criminal Procedure Code, especially in the discussion on review, should be carried out immediately. Of course, these reforms must make the Criminal Procedure Code better and able to accommodate various problems that have not been accommodated so far. This new formal legal provision can later annul conflicting legal provisions between PERMA, the Constitutional Court's Decision and so on. In addition, it is hoped that the new KUHAP will also be able to end the pros and cons and confusion regarding the submission of a judicial review that has so far occurred in a criminal justice process.

THE IMPLEMENTATION OF PROGRESSIVE LAW AGAINST THE DEFENDANT ABILITY TO ACHIEVE SUBSTANTIVE JUSTICE

The enactment of the law in society aims to create justice, legal certainty, benefit and social empowerment for the community, to lead to the ideals of the court as a protector of society, the judge must always prioritize the 4 (four) legal objectives above in every decision he makes. This is in line with what the law is based on, namely the law for the welfare of the community. The poor are often victims of unfair law enforcement due to their ignorance of law enforcement and financial incompetence. The purpose of this study is to analyze the progressive law applied to poor defendants seeking substantive justice and to find out and analyze the state should be able to assist poor defendants in the judicial process in accordance with the rule of law principle. This research uses normative juridical method. Judges in deciding legal cases for the poor should have a progressive view, thus judges will conceptualize each article in the legislation not only as a statement about the existence of a causal (cause and effect) relationship that is straightforward according to logical law but also always contains moral substance originating from ethics and professionalism of judges.

Judicial system and legal proceedings of the Hetmanate (second half of the 17th – first half of the 18th centuries)

The article identifies and characterizes the main stages of formation and transformation of the judicial system and the judiciary of the Hetmanate. The years of independence of the Ukrainian state are marked by rapid changes in the judicial system. The desire of national law to eliminate gaps, determines the interest in the legal past, namely, awareness of the need to reproduce an objective picture of the emergence and evolution of national justice to determine the main directions of its further development. In this regard, the analysis of the judicial system and the judicial process in the Ukrainian lands of the second half of the XVII – first half of the XVIII century. Is useful in some respects. First, an important factor is the appeal to the history of the Ukrainian judicial system, namely the period of the second half of the XVII – first half of the XVIII century, which was decisive for the formation of Ukrainian law as a prototype of European. Secondly, in recent decades there has been an accumulation of significant theoretical and scientific value, which requires a theoretical rethinking of many facts and phenomena. The relevance of the study lies in the accumulation of a large amount of information to reproduce an objective picture of the provisions of the judiciary, which can significantly affect the evolution of the national judicial system and determine its further development. The purpose of the article is to study the structures of the judicial system of the Hetmanate in the second half of the XVII – first half of the XVIII century., And highlight the main features of the judiciary. Issues related to the organization of the judicial system and forms of justice in the Hetmanate in the second half of the XVII – first half of the XVIII century are considered and analyzed. The legal aspects of the organization and activity of various institutions of the judicial system, their jurisdiction and instance are also analyzed. The most significant provisions of the proceedings are highlighted: preliminary investigation, procedure for consideration of the case, evidence, court decisions, the procedure for their appeal and execution.

Law Review a Doctor's Certificate in the Judicial System of Indonesia on the Criminal Acts of Corruption

Phenomenon by providing a Doctor's certificate in the criminal justice system involving a witness, a suspect, accused in corruption cases start of the examination in the Police, the Prosecutor's office, Corruption Eradication Commission, the Court, as well as in Correctional Institutions, stating that the person concerned should be treated and treated specifically and also nothing should be referred to the hospital with complete amenities, this phenomenon has been carried out since long. The utilization of a doctor's certificate is against the law in criminal cases of corruption, according to the dynamics of law enforcement in Indonesia is certainly not going to stop. If this issue continues to be adversely affects the process of law enforcement in Indonesia. The research method used in this research is normative juridical. The source of the data obtained in this research is sourced from the material library and descriptive analytics which is intended to reveal a problem or situation or event as it is so that it can uncover the actual facts. The results in this study show that Fraud and irregularities a Doctor's certificate will easily occur. There is a strong tendency among law enforcement, that a doctor's certificate is evidence that the strong, and can not be contested. In the history of law enforcement corruption in Indonesia, law enforcement has yet to cultivate the examination and make a doctor's certificate is genuine or fake and can be justified scientifically and professionally. In addition, it is also never ask for another opinion from another doctor to check the health of a person declared sick and was unable to be present in the judicial process, from the previous doctor. Keywords: A Doctor's Certificate, Criminal Justice, Corruption.

Private communication between lawyers as evidence in a judicial process: A comparative journey

In professional negotiations between lawyers, it is usual to share information, data and documents that could be protected with legal privilege. This paper analyses, from a comparative perspective, the possible evidentiary use of the documents that a lawyer obtains from the opposing lawyer in a subsequent judicial process. A conflict is presented here between two fundamental procedural guarantees: The right to evidence of the party that possesses the documents and the right to defence and legal privilege of the party that delivered them in the prior negotiation to the lawsuit. The solution provided by different legal systems is therefore not always straightforward, because some legal systems do protect legal privilege and others protect the right to evidence, with different solutions for the rights put in balance here.

PROFESSIONALISM OF SYARIAH JUDGES OF SYARIAH COURTS ACCORDING THE PERSPECTIVE OF ISLAMIC LAW

The professionalism of civil servants in the government in Malaysia is an important part of the government service delivery process. The Syariah Court is a government agency that has placed officers to perform judicial functions, including Syariah Judges. The post of Syariah Judges in the State Syariah Court was established to ensure that the justice process is being done by professional, competent, and qualify personnel. However, what is the approach outlined by Islamic law to ensure that the appointed judges have professionalism in the performance of judicial duties? This matter needs to be seen through the Shariah judicial appointment process in Malaysia. The purpose of this paper is to view the professionalism of Syariah Judges according to the perspective of Islamic law applied in Syariah Courts. The methodological approach of the study on which this paper is based is a qualitative approach. The results of the research found that Islamic jurisprudence has placed the value of Professionalism in the judging process of judges. The discussion of Fiqh al-Qada’ has laid the foundation for the appointment of al-Qadi. This matter is applied in the Syariah Courts in Malaysia through the appointment of Syariah Judges and the judicial process provided by law and the application of practice directions. The competence of Syariah Judges through an appointment and judicial knowledge is the basis of the value of professionalism for the purpose of transparency in the delivery of Syariah judicial services in Malaysia.

FUNCTIONING OF MANIPULATIVE ARGUMENTS IN JUDICIAL SPEECH (BASED ON THE MATERIAL OF THE PROSECUTOR’S SPEECHES IN THE DEBATE)

Введение. Рассмотрены софизмы в судебной речи одного из томских прокуроров. Значимость исследования определяется сопряжением проблем эффективности современной судебной речи, обозначением ее места в структуре судебного процесса с лингвоперсонологическими категориями. Цель – оценить уместность использования софизмов в речевой практике современного томского прокурора. Материал и методы. Материалом явились устные записи выступлений томского прокурора, адвоката и подсудимого, сделанные в ходе одного судебного процесса. Объем материала составляет около 11,5 тыс. словоупотреблений: речь прокурора в прениях – 7 287 словоупотреблений, реплика прокурора в прениях – 2 053 словоупотребления, речь адвоката в прениях – 925 словоупотреблений, речь подсудимого в прениях – 1 244 словоупотребления. Объект анализа – речевая деятельность языковой личности – томского прокурора (женщина, 38 лет). Метод – наблюдение, научное описание, дискурсивный анализ. Результаты и обсуждение. Описываются различные виды софизмов, отмеченные в речах прокурора: подмена тезиса, произвольные доводы, доводы к человеку и т. д. Использование софизмов является частью традиций современной судебной практики, начало которой положено еще в ХIХ в. Отмечается, что в случае использования манипулятивных доводов наиболее ярко проявляется черта речевого портрета говорящего: субъективная оценочность и эмоциональность. Заключение. Таким образом, выбранная стратегия, предполагающая наличие софизмов, доказала свою ситуативную эффективность, поскольку, вероятно, стала одним из факторов, повлиявших на решение суда, поддержавшего обвинение. Однако рекомендовано исключить из публичных судебных речей доводы к личностным качествам как основанию оценки. Introduction. The article considers the role of sophisms in the judicial speech of one of the Tomsk prosecutors. The significance of the research is determined by the combination of the problems of the effectiveness of modern judicial speech, the designation of its place in the structure of the judicial process with linguistic and phonological categories. The purpose is to assess the relevance of the use of sophisms in the speech practice of the modern Tomsk prosecutor. The object of the analysis is the speech activity of a linguistic personality-the prosecutor of Tomsk, a woman, 38 years old. Material and methods. The following methods were used: observation, scientific description, discursive analysis. The material was oral recordings of speeches of the Tomsk prosecutor, lawyer and the defendant, made during one trial. The volume of the material is about 11.5 words. Results and discussion. The article describes various types of sophisms noted in the speeches of the prosecutor: substitution of the thesis, false arguments, arbitrary arguments, arguments against a person, etc. It is found that rhetorical arguments prevail over logical arguments in the speech in the debate. Actually, manipulative techniques are concentrated in that part of the judicial controversy, which is called a replica. To confirm this postulate, the main theses were highlighted, which were proved and evaluated during the debate. Variants of speculative use of evaluative rhetorical techniques prevail. Less common are “false analogy” and “female logic”. There are few cases of distortion of the thesis: “narrowing-expansion of the thesis”, “substitution of the thesis”. At this stage, it is difficult to assess whether the commitment to manipulative techniques is an individual feature of the speaker, or it is typical for a modern judicial process. The use of sophisms is part of the traditions of modern judicial practice, which began in the nineteenth century. It is noted that in the case of using manipulative arguments, the feature of the speaker’s speech portrait is most clearly manifested: subjective assessment and emotionality. Conclusion. We can say that the chosen strategy, assuming the presence of sophisms, proved its situational effectiveness, since it probably became one of the factors that influenced the decision of the court that supported the prosecution. Each speaker, as a professional language personality, has his own arsenal of effective and ineffective ways of organizing a discussion, it is necessary to replenish his communicative arsenal with the most effective management strategies that influenced the court’s decision.