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I. INTRODUCTION 183 II. VAGRANCY AND VAGRANCY-TYPE LAWS IN ENGLAND, THE BRITISH EMPIRE AND THE BRITISH COLONIAL WORLD, C. 18000- 1938 190 A. Vagrancy Laws in England 190 B. Vagrancy [...], This article explores the history of vagrancy laws in England, the British Empire, and the British colonial world, the significance of those laws, the various challenges that were made to vagrancy laws in the twentieth century, and the limits of those challenges to date. While vagrancy laws preceded the nineteenth century, the 1824 Vagrancy Act in England set a new model, which proved extremely influential around the world over the following centuries. Between the early nineteenth and the early twentieth centuries, vagrancy laws were adopted or reformulated almost everywhere the British left a footprint. The laws that were adopted covered a broad range of (what the authorities considered) offenses and offensive ways of being, including impoverishment, idleness, begging, hawking, public gambling, sex work, public indecency, fortune-telling, traditional religious practices, drunkenness, homosexuality, cross-dressing, socializing across racial groups, being suspicious, and many other activities as well. They were adopted for a range of purposes: to control labor and limit workers' bargaining positions, including after the abolition of slavery; to define the boundaries of civilized, industrious, and moral society; and to "clean up the streets" and reinforce urban boundaries. Most overarchingly, vagrancy laws served as a practical and rhetorical means through which the discretionary power of the authorities, as enforced through the police and magistracy, was expanded. Far from constituting an object of challenge for 'rule of law' advocates, expansion in such discretionary authority was closely bound up with the expansion of the rule of law in theory and practice. While vagrancy laws began to be challenged in the mid-twentieth century, including through a decades-long anti-vagrancy law campaign in the United States that had significant success, they remain part of the law of numerous states around the world. In addition, even where explicit vagrancy laws have been abolished, vagrancy-type laws--laws that have granted the police discretionary authority to commit arbitrary detention, of the poor in particular--remain deeply embedded in the criminal law regimes of all former British jurisdictions. Overcoming the vagrancy law legacy will require recognizing and taking measures to reform the arbitrary, class-discriminatory police power vagrancy laws have helped entrench in common law legal orders.

Never during the course of my life and career as a lawyer have I felt that there was more urgency for lawyers to step up and lead than there is [...]

Digital disobedience can be defined as politically motivated online lawbreaking. It includes Distributed Denial of Service actions, hacktivism, digitally based leaking (for example, Anonymous, Wikileaks), and whistleblowing (along the lines pursued by Chelsea Manning and Edward Snowden). Given its growing political importance, the phenomenon requires careful theoretical attention. Against the widespread tendency to criminalize digital disobedience by appealing to conventional notions of the ‘rule of law’, this article argues that some of its proponents are in fact engaging in digital lawbreaking as expressions of their fundamental respect for the rule of law. Although this diagnosis highlights the partial overlap with conventional models of civil disobedience (which oftentimes similarly conceive of politically motivated lawbreaking as necessarily resting on a more fundamental respect for the law), we should hesitate before viewing digital disobedience simply as modernized or digitalized civil disobedience. Digital disobedience includes some political novelties, and traditional views of civil disobedience only get us so far in making sense of those novelties. [ABSTRACT FROM PUBLISHER]

The paper presents the fundamental and highest ideal of a fair society - the principle of the rule of law and the concept of constitutional rule. It depicts the concept of constitutional law as a system based on the ideas of the rule of law and constitutionalism, defining it as a law-abiding system. The paper attempts to separate the formal from the substantive rule of law and therein the rule of law is regarded as the fundamental value in the legal systems of international organizations such as the United Nations, the European Union and the Council of Europe. The conclusion shows the viewpoints of the Croatian Constitutional Court on the principle of the rule of law in concrete judgements. [ABSTRACT FROM AUTHOR]

This article explores the Malaysian judiciary's approach toward interpreting the Federal Constitution of Malaysia and situates it within the context of the nation's political and constitutional history. It traces the judiciary's movement toward a more rights-oriented approach followed by its more recent retreat, which has been marked by strict formalism and insularity in several appellate court decisions. This article argues that the Malaysian courts' journey toward constitutional redemption has been uneven so far. In order to reclaim its constitutional position as a co-equal branch of government, the Malaysian judiciary must be willing to uphold its constitutional duty to assert its commitment to constitutional supremacy and the rule of law. [ABSTRACT FROM AUTHOR]

Introduction I. The Cultural Form of Economics and American Society Today II. The Hope of the Cultural Form of Law for America Today III. The Role for the Lawyer in [...]

The article discusses the legal principle concept of rule of law, its characteristics as well as its contribution to constitutional democracy.

The major aim of the study is to explore the effect of present law and order situation of Karachi on academic performance. This study was designed to evaluate the impact of present deteriorating situation on teaching-learning process and on academic achievement. The target population of the study comprised of all head teachers of Government and Private Secondary Schools in Karachi. However, sample of the study was comprised of head teachers (Headmasters/Headmistresses) of 40 head teachers of Government Secondary Schools and private secondary schools located in Karachi. The instruments of data collection (questionnaires) was developed and validated. The data was collected through personal visits. The analysis was made by using SPSS. The major findings of the study were irregular teaching-learning experience during present law and order situation, lack of government efforts for peace keeping, leadership at all levels (political/local) is not working in the city with harmony, law enforcement agencies are proactive to secure the people's daily life activities, media is communicating information to public with true text and context, community is addressing its public issues during 'fragile situation', parents and teachers are not satisfied with the academic performance of the students in the present law and order situation so the recommendation is that peaceful environment is necessary for continuous teaching-learning experience and better educational performance. [ABSTRACT FROM AUTHOR]

In this paper we investigate the relationship between social capital and cheating behaviour in standardized tests. Given the low-stakes nature of these tests, we interpret the widespread presence of cheating as a signal of low trust towards central education authorities and as lack of respect for the rule of law. We find that cheating is negatively correlated to several social capital proxies in the local environment where a school is located. We also distinguish between different dimensions of social capital: contrasting universalistic and particularistic social values, cheating appears to be negatively correlated only to measures of universalistic social values. [ABSTRACT FROM AUTHOR]

The article focuses on rule of law (ROL) reform in the U.S. in 2014. Topics include customary justice systems (CJS), alternative dispute resolution (ADR), and tribal dispute resolution. Information is provided on judiciary authority, the enforcement of judicial decisions, and public participation in justice administration.

This paper aims to challenge the disparagement of non-state Islamic systems of law that has established firm roots in contemporary rule of law ideology and practice around the world, from India to Ontario. In this respect, rule of law ideology has tended to ignore actual mechanics and procedures of law, not only in legal venues outside the state's direct control, but also in the state's courts themselves. With respect to non-state legal venues—and especially non-state Islamic legal venues—such ideology understands and describes the practices and procedures that it finds in these non-state venues as crude and underdeveloped at best, and illiberal and in violation of the rule of law at worst. While other scholarly work has vividly demonstrated the various transformations and mutations that any state's ‘ideal legal procedure’ experiences as it is put into real-world practice by a state's courts and judges, this paper makes a converse move. Using a case-study focused on the circumstances and experiences of an Indian Muslim woman, ‘Ayesha’, who recently used a Delhi dar ul qaza to exercise her Islamic divorce rights in India, this paper demonstrates how a non-state Islamic legal venue behaves in ways which are highly evocative of rule of law ideology's idealization of state courts and how they (should) operate procedurally. In doing so, this paper provides evidence for Partha Chatterjee's thesis as to how elite and subaltern domains—understood here to be embodied in both state and non-state legal venues, respectively—are products of ‘mutually conditioned historicities’. In this case, the focus is on the state's conditioning of the non-state. As a result, rule of law ideology's state-oriented critique of the (Islamic) non-state is mistaken because, as this paper demonstrates, the non-state is produced in conversation with the state; one cannot critique the one (non-state) domain without realizing how that critique implicates the other (state) domain. [ABSTRACT FROM PUBLISHER]

Arguments concerning law and social change call for a relationship between legitimacy, the rule of law, and respect for rights. To the extent that a government is subject to the rule of law, the human and civil rights of its citizens are advanced. When citizens can bring disputes concerning rights to court rather than fight in the streets, the rule of law is enhanced. Respect for rights and the rule of law are likely to make a government more acceptable and hence more legitimate. A basic requirement of legitimacy is that government advance everyone's share of primary social goods, their opportunity to participate in society and hence their basic rights. Rights are not only statements of ideals or entitlements but goals and tools for pursuit of those goals, means for pursuing law reform, advancing the rule of law, and enhancing society's legitimacy. Keywords: personalism; legitimacy; rights; horizons; rule of law; primary social goods

The program was introduced at 5:30 p.m., Friday, March 31, by Dean Frederick M. Lawrence of the George Washington University Law School. Judge Thomas Buergenthal of the International Court of [...]

I want to make three points in connection with David's lecture, looking at his subject from my own perspective, i.e., that of a judge in an international criminal tribunal. First, [...]

Issues concerning the manner in which the Russian people can go forward with an economic policy based on the rule of law are examined, focusing on the challenges posed by the large sector of corrupt, or shadow, business practices. Topics include surveys of Russian people regarding their feelings toward the shadow economy, tax policy, and the role of law enforcement.

Criticism has long been laid about China’s unwillingness to subscribe to international human rights norms, the rule of law and liberal democratic practices. The United Nations and Western States and scholars have argued that human rights and liberal democracy underlain by a Western rule-of-law model are prerequisites to human development and governmental legitimacy. Is authoritarianism in China incompatible with human rights and democracy? Is the rule of law rejected entirely by the state apparatuses in China? Is there really no human rights protection under China’s Constitution and laws? Has China’s approach to international human rights law evolved since its realisation of the roles it may play in shaping international law? What do the Chinese people think or want about China’s political reform vis-à-vis human rights and democratic practices? With China’s rise in the current international order, these questions raise important issues this article addresses. [ABSTRACT FROM PUBLISHER]

As two parts of one overarching legal positivist project, it is likely assumed that the constitutive elements of Joseph Raz's analysis of the rule of law are compatible with his thinking on the nature of legal authority. The aim of this article is to call this assumption into question by reading Raz in light of the core, if under-recognised, preoccupation of the jurisprudence of Lon Fuller: namely, the latter's concern to illuminate the relationship between the distinctive form of law and human agency. This not only opens up a new engagement between Raz and Fuller that was far from exhausted within debates about law and morality, but also reveals tensions between Raz's analysis of the rule of law and his analysis of legal authority that proponents of Raz's legal positivism need to address. [ABSTRACT FROM AUTHOR]