The Experts below are selected from a list of 267 Experts worldwide ranked by ideXlab platform
Arnaud Lucien - One of the best experts on this subject based on the ideXlab platform.
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Staging and the Imaginary Institution of the Judge
International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, 2010Co-Authors: Arnaud LucienAbstract:According to the classical paradigm of the Judicial act, the courthouse is a temple and the hearing is a ceremony. Even when secularized, justice rests upon a ritual and a ceremonial which confer on it both its sacredness and its authority. The origins of this staging are rooted in myth, religion and cosmogony which stem from the mediation of symbols. Through this ornamentation, the paternal figure is made present and guarantees, in a kind of irrational way, the authority of the Institution. Since the mid nineties, the Judicial Institution has been emancipated from its staging. The modern goals of functionality and transparency of public services have progressively led to the abandoning of the sacredness of the Judicial act, thus threatening its symbolic function. The purpose of this contribution is to highlight, through a semiotic approach, the dialectic opposing modernity and the authority of the Judicial Institution.
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Staging and the Imaginary Institution of the Judge
International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, 2010Co-Authors: Arnaud LucienAbstract:According to the classical paradigm of the Judicial act, the courthouse is a temple and the hearing is a ceremony. Even when secularized, justice rests upon a ritual and a ceremonial which confer on it both its sacredness and its authority. The origins of this staging are rooted in myth, religion and cosmogony which stem from the mediation of symbols. Through this ornamentation, the paternal figure is made present and guarantees, in a kind of irrational way, the authority of the Institution. Since the mid nineties, the Judicial Institution has been emancipated from its staging. The modern goals of functionality and transparency of public services have progressively led to the abandoning of the sacredness of the Judicial act, thus threatening its symbolic function. The purpose of this contribution is to highlight, through a semiotic approach, the dialectic opposing modernity and the authority of the Judicial Institution.
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“THE Judicial Institution AS A SYMBOLIC SYSTEM”
2007Co-Authors: Arnaud LucienAbstract:L'Institution judiciaire peut être entrendue comme système symbolique constitué par des rites, une architecture, des costumes... qui sont ancrés dans le divin. ce système symbolic assure l'autorité de l'Institution et de son discours: un discours dogmatique. Le passage de la tradition à la modernité puis à la post modernité caractérisé par la domination du principe de raison est susceptible d'affaiblir son discours. Cette rationalisation entraîne une concurrence avec le discours d'autres Institutions et particulièrement avec le discours politique. Comme d'autres Institutions, l'Institution judiciaire est particulièrement confrontée à la problématique post-moderne du sens et de la représentation.
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the Judicial Institution as a symbolic system
18TH BRITISH LEGAL HISTORY CONFERENCE 2007 Judges and judging, 2007Co-Authors: Arnaud LucienAbstract:L'Institution judiciaire peut etre entrendue comme systeme symbolique constitue par des rites, une architecture, des costumes... qui sont ancres dans le divin. ce systeme symbolic assure l'autorite de l'Institution et de son discours: un discours dogmatique. Le passage de la tradition a la modernite puis a la post modernite caracterise par la domination du principe de raison est susceptible d'affaiblir son discours. Cette rationalisation entraine une concurrence avec le discours d'autres Institutions et particulierement avec le discours politique. Comme d'autres Institutions, l'Institution judiciaire est particulierement confrontee a la problematique post-moderne du sens et de la representation.
Heidi Nichols Haddad - One of the best experts on this subject based on the ideXlab platform.
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Judicial Institution builders ngos and international human rights courts
Journal of Human Rights, 2012Co-Authors: Heidi Nichols HaddadAbstract:Current theories on international courts, civil society, and global governance overlook the burgeoning relationships between international courts and nongovernmental organizations (NGOs). NGO participation at international courts takes many forms, including representing individual petitioners and acting as third parties as well as promoting and supporting the court through outreach, political advocacy, administrative support, and enforcement of judgments. However, substantial variation exists across international courts as to the form and intensity of NGO participation. To explore why different participatory relationships emerge across international courts, this article examines the historical participation of human rights NGOs at the European and Inter-American Human Rights Systems. This analysis departs from NGO mobilization arguments and suggests that variation in NGO participation stems from Institutional factors. NGO participation derives from opportunity structures for participation that emerge due ...
Shoaib A. Ghias - One of the best experts on this subject based on the ideXlab platform.
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International Judicial Lawmaking: A Theoretical and Political Analysis of the WTO Appellate Body
Social Science Research Network, 2008Co-Authors: Shoaib A. GhiasAbstract:Economic liberalization not only requires rules goveming economic exchange (such as multilateral trade agreements), but also Institutions (such as courts) goveming how rules are enforced. However, once courts are established to govem economic exchange, they tend to expand their competence to political and social policy. Political scientists have used this theoretical framework to explain the evolution of national (for example the U.S. Supreme Court) and quasi-intemational (for example the European Court of Justice) Judicial Institutions. In this article, I explain how this model can be extended to a truly intemational "Judicial" Institution, the WTO's Appellate Body. The thesis of this article is that the Appellate Body has followed the process predicted by political science by using its Institutional independence to develop doctrine that has spilled over to political and social policy areas.
Hakim Lukman - One of the best experts on this subject based on the ideXlab platform.
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Plea Bargaining as a Solution for Criminal Case Backlog in Indonesia
International Journal of Psychosocial Rehabilitation, 2020Co-Authors: Hakim Lukman, Zulhuda SonnyAbstract:Abstract--- Criminal Justice System in Indonesia has not been able to overcome criminal case backlog in courts. Besides the report from the Supreme Court about the large backlog of criminal cases in Judicial Institution, there was also a research which showed that judges in Indonesia tend to arrive at guilty verdicts on criminal acts with minor criminal charges (sanction under 5 years). The concept of Plea Bargaining which has been known and applied in several countries will also be included in Article 198 paragraph (5) and 199 of the Draft of Criminal Procedure Code (RKUHAP) in Indonesia which will be made as law. Although non explicit verbis named as Plea Bargaining, the spirit of these articles are similar to the plea bargaining system which has been practiced in many countries and is considered successful in overcoming the criminal case backlog in courts, therefore the study uses comparative study of plea bargaining system in several countries and also uses normative research method and carried out by using the statutory approach through a review of laws and regulations as well as regulations relating to the issue discussed. Legal materials are obtained from the Criminal Procedure Code (KUHAP) and the Draft of Criminal Procedure Code (RKUHAP) which has been in the final discussion at the House of Representatives and Government, and in addition, the secondary legal materials are obtained from books, journals and other literature. Meanwhile, the data collection technique used is a library research by examining legal materials relevant to the research discussion. Keywords--- plea bargaining, criminal case backlog, cour
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Bukti Korespondensi Jurnal Internasional Bereputasi Discontinued di Scopus berjudul: Plea Bargaining as A Solution for Criminal Case Backlog in Indonesia
INTERNATIONAL JOURNAL OF PSYCHOSOCIAL REHABILITATION, 2020Co-Authors: Hakim LukmanAbstract:Criminal Justice System in Indonesia has not been able to overcome criminal case backlog in courts. Besides the report from the Supreme Court about the large backlog of criminal cases in Judicial Institution, there was also a research which showed that judges in Indonesia tend to arrive at guilty verdicts on criminal acts with minor criminal charges (sanction under 5 years). The concept of Plea Bargaining which has been known and applied in several countries will also be included in Article 198 paragraph (5) and 199 of the Draft of Criminal Procedure Code (RKUHAP) in Indonesia which will be made as law. Although non explicit verbis named as Plea Bargaining, the spirit of these articles are similar to the plea bargaining system which has been practiced in many countries and is considered successful in overcoming the criminal case backlog in courts, therefore the study uses comparative study of plea bargaining system in several countries and also uses normative research method and carried out by using the statutory approach through a review of laws and regulations as well as regulations relating to the issue discussed. Legal materials are obtained from the Criminal Procedure Code (KUHAP) and the Draft of Criminal Procedure Code (RKUHAP) which has been in the final discussion at the House of Representatives and Government, and in addition, the secondary legal materials are obtained from books, journals and other literature. Meanwhile, the data collection technique used is a library research by examining legal materials relevant to the research discussion. Keywords--- plea bargaining, criminal case backlog, cour
Konstantin P. Kokarev - One of the best experts on this subject based on the ideXlab platform.
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Review: Kostyushev V.V. The Ombudsman in the Field of Regional Politics (Sociological Approach) / Edited by A. Sungurov. – Saint Petersburg: Norma, 2007.
Social Science Research Network, 2008Co-Authors: Konstantin P. KokarevAbstract:Many research papers on Russian civil society, regional politics, and human rights have been published in the last 20 years. Arguments partly founded on facts about politics, NGOs, and the activities of municipal authorities are used in the discussions on democratization in Russia. Much less attention is paid to the development of Judicial Institutions and practice, non-Judicial Institution of human rights structures. As far as the human rights ombudsman is widely recognized as one of the facilities to build more transparent government and increase the power of citizens, the study of this Institution could be a good source for a deeper understanding of the transformation of the Russian political system.
