This thesis examines the factors that influence perceptions of judicial corruption. A statistical analysis using data from such sources as Transparency International, the World Bank, and Freedom House demonstrates that aspects of accountability (the ability to remove judges) and transparency (freedom of the press) are only weakly related to perceptions of judicial corruption. A systematic country comparison shows that the structure of the judicial system explains variations in perceived judicial corruption.

The intensification of Canadian amerindian self-determination movements, combined with the recent publication of a series of government reports detailing the mistreatment of amerindians in the Canadian criminal legal system, has placed the creation of separate, amerindian criminal legal systems at the centre of many self-determination campaigns. As alternatives to involvement in the Canadian legal system, many of these proposed alternative structures purport to embody a return to traditional modes of dispute resolution which are offered as both rationale and blueprint for their modern counterparts. Focusing upon proposals for a separate, traditional legal system offered by two groups within the Kahnawake Mohawk Nation of Quebec, the dissertation juxtaposes these proposals with the traditions of dispute resolution extant in the period of initial contact between Iroquois and European. The early traditional lifestyle of the Kahnawake Mohawks is examined, as is the chronicle of contact and acculturation which eroded their original traditional structures. Replete with gaps, the documented history and "legal traditions" of these Mohawks are revealed to differ significantly from those histories postulated by the competing factions, each of which adopts a history which reinforces both its own position on "legal traditions" and in the proposed "post-internal colonial" context. To the degree that these histories and the "traditions" they legitimate and empower are consciously manufactured, their legitmacy in the eyes of Kahnawake people and the Canadian state is diminished. Concentrating upon what appears to be a consciously manufactured, rather than genuine, link between the "old" and "new" traditions, the proposed traditional legal systems are examined through Hobsbawm's theory of the invention of tradition. This examination leads to the conclusion that, while these "traditional systems" and their supporting histories do contain some invented elements and may thus be criticised as invented rather than genuine, such invention need not constitute a fatal compromise to the integrity of the modern traditional legal form nor to the self-determination aspirations of their proponents.

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The research investigated the legal status of the Sulha in the criminal law of the State of Israel. This research is a qualitative-interpretative-exploratory single case study. Its main goal was to create scientific and professional knowledge with practical ramifications for the judicial world, as well as to develop a new theory and model of the Israeli criminal process that would allow for the incorporation of Sulha within the Israeli criminal process. The qualitative data collection methods and sources used were structured interviews, a Delphi survey, documents, the researcher's professional experience and a personal diary. The 16 interviewees were professional, credible, trustworthy and expert people in their field. Seven (7) experts in the field made up the Delphi panel. The research met all of its goals and objectives of the study questions: What is the legal status of Sulha in Israeli criminal law? How can the Sulha be incorporated in Israeli criminal law, and what contribution would Sulha make in this respect? What action is required for Sulha to be incorporated in Israeli criminal law? The findings showed that criminal statutory laws, Israeli courts, and parole committees do not recognize the Sulha as an alternative conflict settlement venue in criminal cases. The findings showed that Israeli courts and parole committees have two principal approaches to the question of the legal status of the institution of Sulha in Israeli criminal law. One approach refuses to grant the institution of Sulha any binding legal status in Israeli criminal law, while according to the other approach Sulha can serve as a consideration in a person’s favor, but not as a decisive consideration, and certainly not one that binds the courts or parole committees. The findings showed that it would be possible to enhance the Israeli criminal law by incorporating the Sulha within the criminal law. Incorporation of the Sulha in the Israeli criminal law would enhance and improve the Israeli criminal law by achieving speedy justice, by reducing the caseload of the courts, by increasing public confidence in the criminal process and the judicial activity, by reducing the frequency of erroneous judgments, by achieving restorative justice, by promoting reconciliation and by facilitating the achievement of peace between the parties affected by the criminal act. Further, the Sulha could contribute greatly to reconciliation and to the installment of peace in Israeli society and achieves restorative justice. A bill (law draft) has been prepared for the incorporation of the Sulha in the criminal law in Israel. The researcher is convinced that the Knesset (lsraeli Parlament) will approve it as soon as possible.

No

L'obligation de prendre des mesures de police administrative initiales se révèle particulièrement importante dans certains ordres publics. Cette recherche a pour finalité d'analyser le rôle du juge administratif dans son contrôle en matière environnementale. À cet effet, les ordres juridiques français, chilien et espagnol sont envisagés. L'étude montre que les causes de l'asymétrie de ce contrôle dans les contentieux objectif et subjectif sont partagées par ces différents systèmes juridictionnels. Cette asymétrie -déjà constatée devant certains troubles à l'ordre public s'explique par les caractéristiques spécifiques des missions de police en matière environnementale. Le contrôle du juge administratif impose la prise en compte de ces aspects, afin de donner cohérence à ces différentes procédures contentieuses. / The duty to take an initial administrative action is particularly important in some domains of public order. This research analyzes the judge's role in the control of this administrative action in environmental matters. For this purpose, the French, Chilean and Spanish legal systems are envisaged. The study shows that the causes of asymmetric control in subjective and in objective lawsuits are shared among the said jurisdictional systems. Such asymmetry -already observed in some disorders to public order-responds to the administrative authorities' specific features in environmental matters. Judicial review of administrative action requires taking these features into account, in order to give coherence to these various contentious procedures.

This study deals with the legal system of Communist China from 1949 to 1969 with three purposes: to discuss the role of law in Communist China's political development; to discuss the patterns of Communist China's political development as reflected in the patterns of her legal development; and to discuss some aspects of development theories on the basis of the findings of this study.

The thesis analyses the fear of the lower classes which manifests itself in various ways in Swedish society and it examines if it is justified. It gives four different views of the "dangerous lower classes" and illustrates the greatly differing view­points that exist. At the national level the debate on The social question in literature, the press and the Riksdag is particularly intensive during the 1830's and 1840's. It concerns the great proletarianising and pauperising of the countryside and its' suggested consequences: criminality, vagrancy, begging, drunkenness, immorality, and ignorance. Then the lower classes "dangerous crimes" are investigated. They consist of the offences of disorderliness and drunkenness. Crimes of violence are infrequent and committed by people from all societys' levels. Property crimes are certainly mainly practised by those in the lower strata, but they are also infrequent and give a clear impression of "crimes of necessity". Neither crimes which are a danger to society nor a revolutionary threat can be perceived. The three parishes studied in Skåne try to close their borders against unmarried pregnant maids, unmarried mothers, "married farmhands" and those with crimi­nal records. A ban on marriages is also used against poor people. Behind this lies a fear of increased poor law expenditure. Those with power seek to carefully control lifestyles, clothing and the sale and consumption of alcoholic drinks. Despite entry controls a concentrated poor population, the Slättafolk, arises in one of the parishes. They live at the margin and some of them, at times, resort to illegal methods in order to stay alive. Thus there is no great threat to property. Neither is drunkenness nor immorality prominent. The analysis gives two different pictures. One occurs in the national debate and partly in the parish records and is a view from above. The lower classes consist of a lower and bad sort of person who must be controlled and discip­lined. Another picture is glimpsed at the micro level. It shows people who live in extreme poverty, sometimes genuine want, but all try, by all possible means, to improve their situation. The lower class people have a desire for justice and equality and resist oppres­sion. There is potential violence which explodes at times. Knowledge of this causes the upper classes to be afraid of the lower, a fear strengthened by events out in Europe where, in Hobsbawms' phrase "The age of revolution" is current. / digitalisering@umu

Abstact Study on Labor Rights and Legal System in PRC.¡ÐA Learning from Taiwan. The issue about Labor rights in PRC is really important.In this thesis the author attempts to make a learning from Taiwan because the legal system in Taiwan is more complete. Key words: Labor Contract,Labor Law,Labor Rights,Legal system,Mainland China