The Experts below are selected from a list of 131622 Experts worldwide ranked by ideXlab platform

Libby Connors - One of the best experts on this subject based on the ideXlab platform.

  • Traditional Law and indigenous resistance at Moreton Bay 1842-1855, Part II
    2006
    Co-Authors: Libby Connors
    Abstract:

    In the period 1842-1855 interracial conflict at Moreton Bay involving the Aboriginal leader, Dundalli, was characterised by colonial authorities as criminal. This paper continues the argument presented in ANZLHS E-Journal 2005, that these events were in fact consistent with a pattern of Indigenous Law being enacted by the Traditional owners of south-east Queensland. The 2005 paper discussed the evidence surrounding events up to 1846; Part II shows how intervention by the colonial criminal justice system in December 1846 escalated the conflict but also how customary Law at Moreton Bay contained mechanisms to limit and contain on-going feuds. It will argue that Dundalli’s final capture may have been based on his assumption that internal Indigenous restitution had been settled. In the end the theatre of his own execution and gallows speech provides further evidence that a parallel system of justice was operating in the region which the colonial authorities refused to acknowledge.

  • Traditional Law and indigenous resistance at Moreton Bay 1842-1855
    2005
    Co-Authors: Libby Connors
    Abstract:

    This paper revisits the events that brought Dundalli, a leader of the Djindubarri, to the attention of the British culminating in his public execution in January 1855. A recent seminar presented to the Royal Historical Society of Queensland disputed that these Aboriginal-European attacks constituted resistance. This paper will use the evidence presented in various criminal trials at Brisbane to attempt to re-construct Indigenous actions. This behaviour will be compared with anthropological literature on ancestral Law and Traditional governance in order to re-enact the judicial processes that appear to be in operation among the Traditional owners of the Moreton Bay region at the time of first contact. Rather than the routine execution of a criminal murderer, this paper will argue that Dundalli's hanging and the events leading up to it may be characterized as a conflict between two legal systems, British and Indigenous, with both using force and ritual deaths to impose their authority.

A. Schrauwers - One of the best experts on this subject based on the ideXlab platform.

  • The Miser's Store: Property and Traditional Law in the Governance of the 'Native' Economy
    The Journal of Peasant Studies, 2002
    Co-Authors: A. Schrauwers
    Abstract:

    Recent studies of 'liberal governmentality' have examined how state actions regulate the ideally self-regulating economic sphere [Burchell, 1991]; this article highlights the particular dilemmas of liberal governmentality in a colonial arena where not one, but two types of economy were posited. By analysing the system of Traditional property Law implemented by the Dutch in two locations in central SuLawesi, Netherlands East Indies (now Indonesia), I show that property is only an indifferent marker of class, and that the limits of surplus extraction are set by control of other means of production. By arguing that both 'Traditional' and 'capitalist' economies are embedded in the same local legal culture, I hope to demonstrate that a shift from the one to the other cannot of itself offer the promised benefits of modernity.

Marijan Pavĉnik - One of the best experts on this subject based on the ideXlab platform.

  • The Transition from Socialist Law and Resurgence of Traditional Law
    Acta Juridica Hungarica, 2005
    Co-Authors: Marijan Pavĉnik
    Abstract:

    In 1918, Slovenia became a constituent part of Yugoslavia. After the Second World War, Yugoslavia was reconstituted as a socialist state. When the attempts to turn Yugoslavia into a democratic country failed, Slovenia decided to become independent. As it is reflected in its new Constitution (1991), Slovenia is designed as a parliamentary republic, as a unitary state with local self-government and is strives to become a social state. During the transition from socialism, Slovenian Law faced numerous challenges like the privatization of economy. The political and legal transition is still taking place. Hopefully, the entry to the European Union will give it new dimensions. Between the two world wars, Slovenian legal science was especially influenced by Austrian-German legal positivism; although the legal-comparative, sociological and axiological methods were important as well. After the Second World War, in some critical periods an apologetic legal positivism gained the upper hand in certain areas. On the o...

  • The Transition from Socialist Law and Resurgence of Traditional Law
    Acta Juridica Hungarica, 2005
    Co-Authors: Marijan Pavĉnik
    Abstract:

    In 1918, Slovenia became a constituent part of Yugoslavia. After the Second World War, Yugoslavia was reconstituted as a socialist state. When the attempts to turn Yugoslavia into a democratic country failed, Slovenia decided to become independent. As it is reflected in its new Constitution (1991), Slovenia is designed as a parliamentary republic, as a unitary state with local self-government and is strives to become a social state. During the transition from socialism, Slovenian Law faced numerous challenges like the privatization of economy. The political and legal transition is still taking place. Hopefully, the entry to the European Union will give it new dimensions. Between the two world wars, Slovenian legal science was especially influenced by Austrian-German legal positivism; although the legal-comparative, sociological and axiological methods were important as well. After the Second World War, in some critical periods an apologetic legal positivism gained the upper hand in certain areas. On the other hand, new legal institutes and departments furthered the development of new sciences (criminology, sociology of Law, political economy, public administration). New scientific areas emerged (comparative commercial Law, comparative labour Law and the Law of the European Union). Some legal sciences (like criminal Law) have been enriched by additional (sociological, axiological and comparative methods) methods.\u

H.l.j. Spiertz - One of the best experts on this subject based on the ideXlab platform.

Lynne Marie Kohm - One of the best experts on this subject based on the ideXlab platform.

  • Integrating Religion, Faith, and Morality in Traditional Law School Courses
    1999
    Co-Authors: Mary C. Scarlato, Lynne Marie Kohm
    Abstract:

    We have found that integrating spiritual values and principles with Traditional Law school courses enriches both teacher and student, yielding a Lawyering product that is priceless to society. This article focuses on three key areas. Section I, the most critical part of the article, consists of our organized presentation given at a Religiously Affiliated Law Schools symposium. In this section we demonstrate that there are at least nine viable techniques for integrating faith into legal education on a daily basis in Traditional Law school courses. The next two sections reflect the rich discussion that conferees shared in the wake of our presentation. Section II discusses the need for virtue and mission oriented legal education, demonstrating how the standards of academic freedom protect the freedom to pursue these teaching methods and positions. Section III discusses the combination of faith and reason, demonstrating that faith and reason are not only completely compatible, but mutually interdependent. We conclude that not only is integration of faith and learning legitimate, but that these virtues will positively affect people's lives when solidly sown into any plan of building leaders for a great civilization.