A major contribution to the understanding of Indonesian legal history. Hoadley shows how European colonialism skewed local legal institutions to serve colonial ends, and he discusses a fascinating series of cases that illustrate the evolution of this process.

Resource added for the Paralegal program 101101.

Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.

Wives, Slaves, and Concubines argues that Dutch colonial practices and law created a new set of social and economic divisions in Batavia-Jakarta, modern-day Indonesia, to deal with difficult realities in Southeast Asia. Jones uses compelling stories from ordinary Asian women to explore the profound structural changes occurring at the end of the early colonial period—changes that helped birth the modern world order. Based on previously untapped criminal proceedings and testimonies by women who appeared before the Dutch East India Company's Court of Alderman, this fascinating study details the ways in which demographic and economic realities transformed the social and legal landscape of eighteenth-century Batavia-Jakarta. Southeast Asian women played an inordinately important role in the functioning of the early modern Asia Trade and in the short- and long-term operations of the Dutch East India Company (VOC). Southeast Asia was a place where most individuals operated within an intricate web of multiple, fluid, situational, and reciprocal social relationships ranging from dependence to bondedness to slavery. The eighteenth century represents an important turning point: the relatively open and autonomous Asia Trade that prompted Columbus to set sail had begun to give way to an age of high imperialism and European economic hegemony. How did these changes affect life for ordinary women in early modern Dutch Asia, and how did the transformations wrought by Dutch colonialism alter their lives? The VOC created a legal division that favored members of mixed VOC families, those in which Asian women married men employed by the VOC. Thus, employment—not race—became the path to legal preference, a factor that disadvantaged the rest of the Asian women. In short, colonialism created a new underclass in Asia, one that had a particularly female cast. By the latter half of the eighteenth century, an increasingly operational dichotomy of slave and free supplanted an otherwise fluid system of reciprocal bondedness. The inherent divisions of this new system engendered social friction, especially as the emergent early modern economic order demanded new, tractable forms of labor. Dutch domestic law gave power to female elites in Dutch Asia, but it left the majority of women vulnerable to the more privileged on both sides of this legal divide. Slaves fled and violence erupted when traditional expectations of social mobility collided with new demands from the masters and the state.

This volume deals with the sultanate of Banten from the outbreak of the rebellion of 1750-52 to the launching of the Cultivation System in 1830. After the suppression of the rebellion by the Dutch East India Company (VOC), local society showed considerable vitality. The introduction by the VOC of forced exploitation of the pepper cultivation did not lead to a significant increase in production, but enabled the local elites to augment their power. In the late 18th century Asian traders (many Bugis and Chinese) and English country traders integrated Banten and its Sumatran territory Lampung into a vibrant inter-regional trading network. This trade pattern, which involved the exchange of pepper and the maritime and forest products demanded by the China market for opium, contributed to the emergence of a new economic order in insular South-East Asia. This study shows how the the society of Banten was in a state of constant transformation in reaction to the Western presence and the shifts of the world economy during the period from 1750 to 1830.

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

The Uses of Justice in Global Perspective, 1600–1900 presents a new perspective on the uses of justice between 1600 and 1900 and confronts prevailing Eurocentric historiography in its examination of how people of this period made use of the law. Between 1600 and 1900 the towns in Western Europe, the Kingdoms in Eastern Europe, the Empires in Asia and the Colonial States in Asia and the Americas were all characterised by a plurality of legal orders resulting from interactions and negotiations between states, institutions, and people with different backgrounds. Through exploring how justice is used within these different areas of the world, this book offers a broad global perspective, but it also adopts a fresh approach through shifting attention away from states and onto how ordinary people lived with and made use of this ‘legal pluralism’. Containing a wealth of extensively contextualised case studies and contributing to debates on socio-legal history, processes of state formation from below, access to justice, and legal pluralism, The Uses of Justice in Global Perspective, 1600–1900 questions to what degree top-down imposed formal institutions were used and how, and to what degree, bottom-up crafted legal systems were crucial in allowing transactions to happen. It is ideal for students and scholars of early modern justice, crime and legal history.