scholarly journals ILLICIT JUSTICE: Aspirational-Strategic Subjects and the Political Economy of Domestic Violence Law in India

2019 ◽  
Vol 44 (2) ◽  
pp. 444-467 ◽  
Author(s):  
Poulami Roychowdhury

Criminal cases against domestic violence in India frequently result in unlawful “compromises” where litigants breach legal procedure and negotiate out-of-court settlements. Using ethnographic and interview data, this Article analyzes how legal cases become extralegal settlements. I argue that India’s legal environment engenders an “aspirational-strategic” legal consciousness among survivors, who simultaneously believe they deserve what the law promises while distrusting legal procedure and law enforcement personnel. Their bifurcated vision of the law leads them to negotiate illicit settlements. These findings indicate that expansions in legal rights can have contradictory effects on rule of law. Depending on the political economy of the legal institutional environment, citizens may respond to rights by simultaneously adopting new norms while ignoring legal rules and procedure.

2021 ◽  
Vol 4 (1) ◽  
pp. 450-459
Author(s):  
Artha Sebayang ◽  
Utary Maharany Barus ◽  
M. Citra Ramadhan

The purpose of this study was to determine the legal rules of restorative justice in the settlement of cases of Domestic Violence (KDRT) at the North Sumatra Regional Police. According to Law Number 2 of 2002 concerning the Police and the factors that cause restorative justice to not work. Research on the Settlement of Domestic Violence Cases through Restorative Justice the North Sumatra Police Case Study is a normative legal research. Normative legal research aims to examine library legal materials. In the Domestic Violence Law No. 23 of 2004 which is a criminal act of complaint and the reporter and victim are people who live within the scope of the household, but the law only confirms that there are no criminal provisions prioritizing the settlement of restorative justice for domestic violence which is minor and constitutes a criminal complaint. The concept of restorative justice is another method used to handle criminal cases. This concept prioritizes the integrity of perpetrators, victims and society as a unit to find solutions and return to a good relationship pattern between victims and perpetrators of criminal acts and one way that can be done in this concept is penal mediation.


Author(s):  
Mike McConville ◽  
Luke Marsh

A foundational theme of this chapter is the refutation of the generalized claim that judges are ‘independent’ and free from political influence. In reconsidering the institutional realities of judicial independence, it contests the views and theories advanced by leading commentators whom have sought to show that judges are ‘political’, not least Professor J A G Griffith in his seminal, The Politics of the Judiciary. Other theorists considered include Alan Paterson, Robert Stevens, David Robertson, and Harry Annison. The chapter critically reviews the strengths and weaknesses of such theories and demonstrates instead how the ‘political’ character of judges may be explicated by empirical data drawn from internal governmental files rather than previously favoured methodologies. Contrary to these widely adopted accounts, this chapter posits that throughout the last century, a cadre of senior judges in criminal cases have been overtly political in a way previously not understood. Senior judges, it is argued, have had a dynamic involvement in building state institutions and state ideology: working in secret with the executive in formulating policing policies, initiating far-reaching change in the political economy of criminal justice, and setting the agenda for successive legislative interventions, underpinned by a state bias, having held back rights for suspects and defendants and commandeered the process of subjugating the Bar.


1996 ◽  
Vol 14 (2) ◽  
pp. 163-173
Author(s):  
Alain Marciano

Abstract Nell’ambito del processo di transizione in corso in Europa orientale, l’evoluzione verso regimi politici democratici è uno degli sviluppi più importanti.Naturalmente, il presupposto perché tale evoluzione possa aver luogo è quello di un insieme di regole costituzionali che impedisca la vioienza interna, cioè la vioienza esercitata dallo Stato all’interno dei suoi confini, a danno delle libertà civili e dei diritti politici.Infatti, uno dei principali aspetti della vioienza consiste nel ricorso ad essa da parte dello stesso Stato.Sebbene essa sia stata studiata empiricamente, non vi è alcuna definizione comunemente accolta di «violenza interna».Obiettivo di questo scritto è quello di fornire una struttura teorica nel cui ambito il problema della vioienza interna possa essere discusso.Si dimostra che la vioienza è minore quando la liberta economica coesiste con le libertà civili e politiche.L’impostazione qui seguita si riferisce ai motivi dello Stato per infliggere vioienza. Si dimostra come e perché uno Stato fa ricorso alia vioienza politica ed economica per motivi strumentali ed espressivi.Successivamente viene derivata una tipologia di regimi. La vioienza può essere «strumentale», quando il suo obiettivo è il controllo del comportamento dei cittadini, e «espressiva» quando essa costituisce una fonte diretta di vantaggio (favorendo gli interessi di altri gruppi).


Contexts ◽  
2005 ◽  
Vol 4 (3) ◽  
pp. 38-42 ◽  
Author(s):  
Lynn Chancer

A number of recent high-profile criminal cases have served as vehicles for public debates about race, gender, and class prejudice. What are the implications of these cases for the legal system and for the political activists who become involved with them?


2020 ◽  
Author(s):  
◽  
Drew Woodhouse

A growing body of literature on comparative international entrepreneurship has focussed on exploring the factors that explain differences in entrepreneurial activity across countries. In particular, the institutional environment is regarded as a crucial influence on this activity, yet there is less agreement about which institutions matter, and more importantly, in what ways do they matter. Much of the research focussed on explaining the influence of institutions on entrepreneurship has taken a specific and narrow approach to institutional theory. This views institutions as ‘converging’ creations which posit a theoretical ‘one-best-way’, largely seen as liberal and non-interventionist. This approach to institutional theory overlooks the nuanced diversity of the institutional environment which defines the architecture of capitalist economies. In order to develop a broader understanding of this phenomenon, this thesis utilises perspectives from comparative institutionalism. The intent of this research is to empirically understand institutional diversity across countries, and its potential impact on comparative international entrepreneurship. This study utilises a quantitative approach with two sequential steps. The first step comprises of a principal components analysis with the attempt to develop robust quantitative variables which proxy for a countries institutional context. A cluster analysis of these variables is further employed to provide an objective contextual taxonomy of institutions and ‘diversities of institutional systems’. This objective contextual taxonomy helps give legitimacy to such diversity approach. The variables here are then transformed for the second step, which utilises multivariate panel modelling. The overall aim of this step is to estimate various model specifications outlining potential statistical relationships and directions between institutional diversities and aggregate level of entrepreneurship. The results of this analysis present three key contributions. Firstly, that there exists rich institutional diversity between political economies, identified by nine taxonomies of countries across an optimum clustering of four ‘modes of capitalism’, defined by complementary variants across institutional sub-spheres. Secondly, the relationship between the degree of institutional coordination within the institutional complementarity format and the level of entrepreneurial activity is non-linear. Specifically, the relationship is quadratic and ‘U’ shaped. Where the institutional structure of the political economy allows for higher levels of market coordination or higher levels of strategic coordination, estimated entrepreneurship rates are higher than they are when there is more variation in the types of institutional complementarity present in the political economy. Thirdly, aggregate performance of entrepreneurship is moderated by the institutional configuration of the political economy. Institutional coherence identified by this perspective appear to offer general efficiencies. Therefore, these results suggest that institutional explanations of entrepreneurship can be explained by ‘equifinality’, in that a ‘perfect’ institutional setting does not exist.


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