An expanded role for custom and the use of a jury may help to alleviate the problem of the lack of trust in and reach of the official Nepalese legal system. The lack of reach and trust has a number of aspects. Delay, cost, corruption, and the foreign nature of Nepal's British-style adversary system have caused many Nepalis not to seek justice in the courts. The present civil war has also limited access to justice. Once the conflict is resolved, the country will be facing a major challenge: how to ensure access to justice is readily available to all of its citizens. Ideas for achieving that goal can be found in the roots of Nepal's justice system. Prior to 1854, Nepal had what was perhaps the last classical Hindu legal system in the world. Under the Hindu sacred literature, the established customs of tribes, groups, and families were given priority even over the sacred texts. The important role given to custom helped deal with the immense diversity of Nepal's population, a diversity which still characterizes the country today. Group decision-making was also a strong feature of Nepal's classical justice system. This was reflected in the important role of the panchayat, which might act as a private arbitration board outside the court system or as a jury within it. The panchayat also investigated, mediated, and decided disputes at the local level. According to one report, they were involved, to the general satisfaction of all concerned, in dealing with about half the judicial business of the kingdom. However, Nepal's first legal code, promulgated in 1854, did not provide that disputes could be decided by a panchayat. Custom was not to be applied unless it had been enshrined in the legal code. An expanded role for custom could help to meet the legitimate aspirations of marginalized ethnic groups in Nepal. Such a role would need to be carefully defined so that recognised customs would not conflict with generally accepted human rights principles. The use of a jury would incorporate the deeply ingrained tradition of group decision-making in the country. It could also be used as a means of social engineering: caste distinctions and discrimination against women might be lessened if men and women from all levels of society participated together in the important task of resolving disputes. / Law, Peter A. Allard School of / Graduate

Thesis advisor: Ali Banuazizi / Thesis advisor: Sarah Babb / This dissertation focuses on the intersection of global and indigenous advocacy strategies in feminist women’s movements in the Middle East and North Africa (MENA). I explore strategies of resistance and innovation in three contexts: (1) Globally, I analyze a sample of MENA NGOs in a transnational women’s rights network, Women’s Learning Partnership (WLP) and their interactions in the international funding sphere; (2) Domestically, I examine a local Moroccan NGO’s strategy development process and their domestic and regional partnerships when organizing to reform the Moudawana (1999-2004); and (3) Regionally, I analyze inter-organizational collaboration and coalition building between three NGOs in the Campaign to Reform Arab Women’s Nationality (2001-2008). I locate the dissertation in a feminist activist framework and draw from diverse data sources, including years of fieldwork with WLP (2004-2008); participant observation and notes from five transnational women’s rights meetings (2005-2008); a content analysis of a sample of international funders’ and MENA feminist NGOs’ websites; and two in-depth case studies with data derived from historical analysis, three months of fieldwork in Morocco, interviews with Moroccan, Lebanese, and regional activists, and secondary document analysis. The findings provide deeper clarity into the strategic action of MENA feminist movements and the variety of social, political, and economic forces that shape their discourses and practices for achieving social change and gender equality. The findings contribute to the scholarly literature on transnational feminism and social movements and its intersection with the law. / Thesis (PhD) — Boston College, 2009. / Submitted to: Boston College. Graduate School of Arts and Sciences. / Discipline: Sociology. / Discipline: Psychology.

Abstract not available

Three groups of health care professionals were canvassed for their views on euthanasia - student nurses, practising nurses and doctors. The aim of the research was to make a possible contribution to a formalised health policy on this issue for the ACT. The following forms of euthanasia were covered by the research: (i) voluntary active euthanasia: (ii) voluntary passive euthanasia: (iii) involuntary active euthanasia: (iv) involuntary passive euthanasia. Passive forms of euthanasia were found to be the most acceptable. Voluntary forms of euthanasia were not found, in general, to be more approved of than involuntary forms of euthanasia. However, active forms of euthanasia were much less acceptable than passive forms. In order to adapt the research findings to a methodology for policy use. Allison's models (1971) of public policy development were modified into a single model. This provided an application of the research results in such a way as to allow for the development of a possible formalised policy on euthanasia, and practical applications. The conclusions drawn from the research findings and the subsequent recommendations are supportive of law reform and the implementation of a new policy on the issue of euthanasia.

The last decade has seen the development of an unprecedented profile for aboriginal concerns over the inadequacies of the criminal justice system. This thesis examines the major commissions of inquiry that were established to address criminal justice reforms for aboriginal Canadians. Through a comparison of these inquiries, it is my intention to provide a greater understanding as to why some commissions have had a more positive role to play in initiating policy change, while others have been less than satisfactory in promoting the needs of aboriginal persons. Analysis reveals that commissions of inquiry are most often established to address more general concerns about the impact of the criminal justice system on aboriginal peoples, rather than to investigate specific cases in which there was a miscarriage of justice. My findings also reveal that the current criminal justice system can and should be improved, without in any way detracting from the movement toward the larger social, political and economic goal of self- determination. Due to the fact that autonomous solutions remain prevalent in the academic literature, future inquiries will be required to acknowledge this perspective. An appreciation of the variety of concerns held by aboriginal individuals can only be made possible through extensive consultation with aboriginal communities and utilizing creative and innovative means of gathering research. By providing an open process, commissions will be able to encompass views that may not be prevalent in academic circles, but accepted at a grass roots level. On the much larger question of the policy impact of commissions of inquiry, they have been useful institutions for opening up the policy debate in regards to criminal justice reforms for aboriginal Canadians. Frequently these inquiries have been faulted because their specific recommendations are not accepted. However, inquiries are valuable because they provide one of the few occasions for defining public issues, including debate about reformist and radical conceptions of the issues. Consequently it is more useful to assess commissions of inquiry for their role in the development of policy debate.

Thesis (Ph.D.)--University of Wollongong, 2003. / Typescript. Includes bibliographical references: p. 461-479.

Univ., Diss.--Göttingen, 2005. / Literaturverz. S. 245 - 276.

Thesis (J.S.M.)--Stanford University, 2004. / Submitted to the Stanford Program in International Legal Studies at the Stanford Law School, Stanford University. "May 2004." Includes bibliographical references. Also available online.

Thesis (M.A. (Human Rights))--Mahidol University, 2006. / LICL has E-Thesis 0016 ; please contact computer services.

Thesis (doctoral)--Universität, Kiel, 2003. / Includes bibliographical references (p. [391]-410).