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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

The judicial reaction in south-eastern France, 1794-1800

Doyle, Charles James January 1987 (has links)
The thesis investigates and analyses the hitherto neglected phenomenon of political reaction within the judiciary of south-eastern France during the period between the Thermidorian Reaction and the advent of the Consulate. The character, objectives and effects of the 'reaction judiciaire1 are studied through a series of different perspectives. The first task is to highlight the discrepancy between the concepts of the social and political effects of a revamped judicial system formulated during the Year III and the corrupt abuse of judicial power by reactionary provincial judges. Indeed, the study constantly seeks to explore the conceptual as well as the practical damage inflicted on the Directorial regime by the supposed trustees of the post-Terrorist republican settlement. Emphasis is placed upon the collaboration between the southern judges and the counter-revolutionary elements within the local community, especially in the discussion of the origins of the judicial reaction. The changes of technique and of objective which the judiciary experienced are explored in full. It is described from its beginnings as a weapon of retribution for the aggrieved local community against the former agents of the Terror to its role in the subversion of regional jacobinism to its support for the period of unchecked counter-revolution during the Year V and finally to its function as a 'rearguard' defender of arrested counter- revolutionaries during the period of the Second Directory. In addition, due consideration is given to the motivation of individual judges who operated the reaction. It is hoped that the thesis has provided a model for the study of the causes, techniques and aims of political reaction from within an independent state power. Furthermore, it is hoped that the work is seminal in its suggestion that judicial reaction and its many ramifications had both a direct and indirect bearing upon the fall of the Directory.
2

Justice on trial: criminal justice system in Republican Beijing (1912-1937). / CUHK electronic theses & dissertations collection

January 2011 (has links)
Ng, Hoi Kit Michael. / Thesis (Ph.D.)--Chinese University of Hong Kong, 2011. / Includes bibliographical references (leaves 298-309). / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstract also in Chinese; includes Chinese.
3

The legal transformations in twelfth-century England: from customary law to common law.

January 1999 (has links)
Lee Wai Kim. / Thesis (M.Phil.)--Chinese University of Hong Kong, 1999. / Includes bibliographical references (leaves 154-162). / Abstracts in English and Chinese. / Abstract --- p.I-V / Introduction --- p.1-9 / Chapter Chapter I: --- The Structure of Land Tenure in English Customary Law: The Origins of the Common Law Property --- p.10-52 / Chapter Chapter II: --- The Institutional Foundations of English Law: The Administration of Justice under Henry I --- p.53-95 / Chapter Chapter III: --- The Royal Jurisdiction and the Transformation of Legal Procedure from Leges Henrici Primi to Glanvill --- p.96-142 / Conclusion --- p.143-153 / Bibliography --- p.154-162
4

The interaction between criminal justice system and social action in Hong Kong: from end of Second World War to 1980.

January 1998 (has links)
Hui Chark-shum. / Thesis (M.Phil.)--Chinese University of Hong Kong, 1998. / Includes bibliographical references (leaves 157-163). / Abstract also in Chinese. / Abstract --- p.3 / Introduction --- p.5 / Chapter 1. --- Literature Review and Theoretical Orientation --- p.8 / Chapter 1.1 --- key concepts --- p.8 / Chapter 1.2 --- state and social action --- p.11 / Chapter 1.3 --- the consensus and conflictual models --- p.15 / Chapter 1.4 --- the refined framework --- p.27 / Chapter 2. --- Research Problem and Empirical Framework --- p.35 / Chapter 2.1 --- research method --- p.35 / Chapter 2.2 --- Hong Kong history: viewing from the top --- p.39 / Chapter 2.3 --- Hong Kong history: viewing from bottom --- p.45 / Chapter 2.4 --- crime trend in Hong Kong --- p.50 / Chapter 2.5 --- official description of social unrest: a quick look --- p.61 / Chapter 2.6 --- comparing three modes of criminalisation --- p.74 / Chapter 3. --- Evolution of the Institutional Framework --- p.78 / Chapter 3.1 --- the deport-mode --- p.80 / Chapter 3.2 --- the societies-mode --- p.93 / Chapter 3.3 --- the disorder-mode --- p.100 / Chapter 3.4 --- comparing the three: the locus of change --- p.106 / Chapter 4. --- Civil Strifes and the State Responses --- p.116 / Chapter 4.1 --- incidents under undifferentiated phases --- p.118 / Chapter 4.2 --- incidents under deport-mode and societies-mode --- p.123 / Chapter 4.3 --- incidents under societies-mode --- p.128 / Chapter 4.4 --- incidents under disorder-mode --- p.133 / Chapter 4.5 --- concluding remark --- p.139 / Chapter 5. --- Conclusion / Appendix: Civil strifes in HK 1948-1980 --- p.153 / Bibliography --- p.157
5

居正法律思想與司法實踐: 1932-1948. / Study on Ju Zheng: legal ideas and judicial practices 1932-1948 / CUHK electronic theses & dissertations collection / Ju zheng fa lü si xiang yu si fa shi jian: 1932-1948.

January 2008 (has links)
Ever since the judicial reform in late Qing, all aspects linking to China law reforms were forced to be aligned with the national goal of abolishing the unequal treaties between China and foreign powers. Forty years' legal history, as the epochal era in shaping the modern Chinese legal system, became an integral part of history of the national movement against unequal treaties. Within the period where Ju Zheng was dominant in the sphere of law, the judiciary under party control and the nation-wide discussions on China new legal system were two successive processes of the national movement: the former was meant to create solidarity and political space needed for the anti-unequal-treaties movement, and the latter was measured to offer cultural continuity and identity consensus essential for national autonomy en course toward modernity. What's more, nationalism became the overarching ideology in legal sphere during Ju's times, and its repercussions helped foment a solid legal nationalization movement. This movement was embodied in organizations at the national level, namely the National Conference of Justices and the National Association in Jurisprudence of Republic of China. Second, the movement has two essential features: Party control over the judiciary and building of a new Chinese legal system. In this legal nationalization movement, Ju Zheng was the central figure and leader from the beginning right through the end. / For more than sixteen years (1932-1948) Mr. Ju Zheng was the most influential figure of the national judiciary under the Nanjing Regime, making the case of his legal thoughts and practices highly illustrative of the legal history of modern China. Building on Mr. Ju's personal background and experiences, this thesis attempts to foster a better understanding of Ju Zheng and his era in terms of legal history. / This thesis consists of five chapters: The first chapter introduces the scope of inquiry, the main themes of the study, the sources and the literature on this subject. Next chapter documents Ju Zheng's efforts in tackling the problems of Supreme Court inherited from his predecessors during his first three years in the key position of the judiciary. The third Chapter deals with the process of party control over the judiciary. In hindsight, this process went through two stages: first, it was a project to revolutionize the justices which ended up making most judges party members; the atmosphere of the next stage manifested in an article of Ju Zheng which called attentions to efficacious partisan indoctrinations and to ground nationalism as the guideline for the justices. This process of intermingling of the judiciary and the party did generate some positive results. For instance, it created a vigorous nation-wide movement to seek abolition of the unequal treaties with foreign powers, which later on undergirded the judicial pattern of deciding amnesty cases by Ju Zheng judiciary. Chapter four explores the legal nationalization movements initiated from the National Conference of Justices in the year of 1935, vividly epitomized in the following nation-wide discussions in 1930s and 1940s on how to create a new legal system embedded in China context. The discussions eventually converged to two distinct lines: the first line claimed that it was the long-lasting Chinese culture (zhong guo gu you) that was to become the starting-point for a new legal system; in contrast, the second line argued for "rebuilding" (chong xin jian li ) a new legal system for the modern China. The last chapter offers a few concluding remarks. / 江照信. / Adviser: Billy So Kee-long. / Source: Dissertation Abstracts International, Volume: 70-06, Section: A, page: 2184. / Thesis (doctoral)--Chinese University of Hong Kong, 2008. / Includes bibliographical references (p. 180-190). / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Electronic reproduction. [Ann Arbor, MI] : ProQuest Information and Learning, [200-] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstracts in Chinese and English. / School code: 1307. / Jiang Zhaoxin.
6

An Historical Perspective of Oregon's and Portland's Political and Social Atmosphere in Relation to the Legal Justice System as it Pertained to Minorities: With Specific Reference to State Laws, City Ordinances, and Arrest and Court Records During the Period -- 1840-1895

Boston, Clarinèr Freeman 14 March 1997 (has links)
Racial and ethnic minorities are disproportionately represented in Portland, Oregon's criminal justice system. Laws, legal procedures and practices that excessively target minorities are not new phenomena. This study focused on a history of political and social conditions in Oregon, and subsequently, Portland, from the 1840' s to 1895, that created unjust state laws and city ordinances that adversely impacted Native Americans, African Americans, and Chinese Immigrants. Attention was also given to the Jewish population. The approach was to examine available arrest and court records from Oregon's and Portland's early beginnings to ascertain what qualitative information records could provide regarding the treatment of minorities by the justice system. As an outgrowth of this observation, it was necessary to obtain an understanding of the legal environment related to arrests and dispositions of adjudications. Finally, a review of the political and social atmosphere during the time period provided a look at the framework that shaped public attitudes and civic actions. Examination of available arrest records and court records recorded during the period were conducted at the City of Portland's Stanley Paar Archives. Observations were limited to the availability of archive records. Oregon's history, relative legislation, Portland's history and applicable ordinances were studied and extrapolated from valid secondary resources. Political and social conditions were reviewed through newspaper accounts during recorded history from that time period. Research indicated that Native Americans, African Americans and Chinese Immigrants were: not legally afforded equal access to Oregon land provisions; denied equitable treatment under the law in comparison to their white counterparts; were unjustly targeted for criminal activities by the enactment and enforcement of laws based on racist views; and, negatively used as political ploys to the advantage of candidates seeking public office. Much of this research is akin to actions in many political, legal and justice arenas of the 1990' s, that continue to adversely impact racial/ethnic minorities unfairly. Although members of the Jewish community were not negatively affected by law, they suffered social injustices. However, they were members of the legal and political fiber that shaped civic sentiments and legislative action in both positive and negative ways.

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