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6 results

  • Interrogating the Drunkards and Representing Drunkenness in the Qing Law

  • Jackson Yue Bin Guo
  • Journal:
    Asian Journal of Law and Society , First View
    Published online by Cambridge University Press:
    01 April 2024, pp. 1-17
    • Article
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  • The consumption of shaojiu or distilled liquor played a significant role in Qing legal culture and contributed to a rise in alcohol-related crimes. Qing officials’ attitudes towards intoxication not only influenced their judgments on many cases, but also reflected important trends of popular beliefs, notions, and practices that constituted shared knowledge and feelings between ordinary people and judges. This paper examines the transformation of Qing judicial practices and concerns regarding alcohol intoxication and crimes, arguing that specific cultural value and ideas that underpinned the public configuration of drinking behaviour during the Qing period contributed to a social pathology around intoxication. Due to the lack of a consistent interpretation of the effects of alcohol on the mind, early Qing officials tended to be lenient towards intoxicated offenders. However, mid-Qing law-makers and rulers recognized the serious administrative concerns associated with heavy drinking and began to conceptualize it as a serious social problem.

The Everyday Makers of International Law
  • From Great Halls to Back Rooms
  • Tommaso Soave
  • Published online:
    03 November 2022
    Print publication:
    17 November 2022
  • This book offers a unique insight into the inner workings of international courts and tribunals. Combining the rigour of the essay and the creativity of the novel, Tommaso Soave narrates the invisible practices and interactions that make up the dispute settlement process, from the filing of the initial complaint to the issuance of the final decision. At each step, the book unravels the myriad activities of the legal experts running the international judiciary – judges, arbitrators, agents, counsel, advisors, bureaucrats, and specialized academics – and reveals their pervasive power in the process. The cooperation and competition among these inner circles of professionals lie at the heart of international judicial decisions. By shedding light on these social dynamics, Soave takes the reader on a journey through the lives, ambitions, and preoccupations of the everyday makers of international law.

  • 2 - ‘In This Bureaucratic Silence EU Law Dies’

  • from Part I - Cases
  • Edited by Mikael Rask Madsen, University of Copenhagen, Fernanda Nicola, American University, Washington DC, Antoine Vauchez
  • Book:
    Researching the European Court of Justice
    Published online:
    05 May 2022
    Print publication:
    26 May 2022, pp 27-48

  • Summary

    The chapter argues that fieldwork – specifically multi-sited, semi-structured interviews and participant observation – is uniquely suited for unpacking how the constraints of daily practice within national courts frustrate the subnational reach of the European Union's (EU) legal authority. Deriving methodological insights and practical lessons from fifteen months of fieldwork in Italian, French, and German courts, the author shows how fieldwork reveals judges to be neither solely driven by individual attitudes nor by strategic quests for power: they are also employees within a bureaucracy. Anchored by the demands of established practice, knowledge, and everyday work, judges can develop an institutionally rooted consciousness resisting disruptive confrontations with new and unfamiliar rules like EU law. Through on-site iteration and triangulation, field researchers can trace, unpack, and corroborate this consciousness in real time, with an eye to also hypothesizing the conditions under which resistances to Europeanizing change can be overcome. In so doing, the researcher can intercept what one judge referred to as a ‘bureaucratic silence’ within which EU law ‘dies’: A web of habitual institutional practices scarcely detectable via other modes of social inquiry.

  • 22 - Epilogue: Of Judges and Trust

  • from Part V - Cross-Cutting Issues of Fundamental Rights in the AFSJ
  • Edited by Sara Iglesias Sánchez, Maribel González Pascual, Universitat Pompeu Fabra, Barcelona
  • Book:
    Fundamental Rights in the EU Area of Freedom, Security and Justice
    Published online:
    06 August 2021
    Print publication:
    29 July 2021, pp 433-445

  • Summary

    This chapter offers a broad reflection on the difficulties and challenges that the notion of trust presents for judges. After a historical excursion, it demonstrates how basing the operation of an area of law on trust is likely to clash with a rich and powerful bundle of ideas and historical experience at national level. This epilogue invites us to consider a shift in paradigm from law based on trust to trust based on law: ‘Seen this way, trust is not a pre-requisite for the law, but rather something that the law and social interaction generate. Trust becomes the end destination, not the starting point.’

  • Domestic Courts and the Content and Implementation of State Responsibility

  • STEPHAN WITTICH
  • Journal:
    Leiden Journal of International Law / Volume 26 / Issue 3 / September 2013
    Published online by Cambridge University Press:
    31 July 2013, pp. 643-665
    Print publication:
    September 2013

  • This article examines the role of domestic courts in addressing questions of international law concerning the content and implementation of state responsibility. Practice shows that domestic courts only play a limited role in developing the international law of state responsibility. This is partly due to the limited number of cases decided by domestic courts. Furthermore, the practice of domestic courts is quite disparate, reducing their value in generating consistent practice. There is also a general inclination of domestic courts to apply remedies under municipal rather than international law, which reduces their significance as agents of international law. It is only in exceptional cases that domestic courts may contribute to clarifying controversial norms and support the further development of international law. Domestic courts may furthermore take on the task of fine-tuning international norms on state responsibility. Probably the most important role domestic courts may play in applying secondary rules of state responsibility is that of strengthening the effectiveness of the international legal system and its individual rules.

  • 24 - Law and society

  • from Part III - Russia Under the First Romanovs (1613–1689)
  • Edited by Maureen Perrie, University of Birmingham
  • Book:
    The Cambridge History of Russia
    Published online:
    28 March 2008
    Print publication:
    14 September 2006, pp 559-578

  • Summary

    This chapter explores the complexity of the judicial system by surveying the multiple venues of legal proceedings in Muscovy, then by examining judicial practice and finally by surveying changes in the positive law. The Russian Orthodox Church was a key beneficiary of judicial immunity. Muscovy's colonial policy was laissez-faire in the seventeenth century, tolerating diversity in law, judicial institutions and elites. The legal system embraced by the system of governors was uniform across the state in law and procedure, but not in judicial venue. Muscovite judicial practice was in many ways more medieval than early modern in its distributive justice. The seventeenth century was remarkable for the generation and codification of secular law. Going into the seventeenth century, judges had available to them several codes of law. The most significant changes in positive law were made in the realm of social legislation. Society interacted with law in a multitude of ways in seventeenth-century Muscovy.