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This chapter examines the kinds of legal procedure adopted by various ancient legal systems to conduct legal proceedings in a court. The areas covered include the constitution of courts, preliminary court proceedings, valid evidence, presentation and evaluation of evidence, and the final verdict, including the possibility of appeals. Discussions include judges and court personnel, the physical space of courts, distinctions between civil and criminal cases, plaint and plea, sureties, and legal representation. Under evidence there is examination of witnesses, documents, oaths, ordeals, torture for evidentiary purposes, and forensic investigation, and punishment for perjury. Once a verdict is reached by the court, there are issues relating to the recording and the enforcement of the verdict. There is wide diversity in the legal procedure recorded in the sources from different legal traditions. Some deal with the topic explicitly, while in others we have to deduce the procedure from material on court cases.
As popular print ephemera, comics hold a complex and precarious relationship to preservation and duration, which has marked their status as “archivable” (or “non-archivable”) materials. This chapter sketches some of the different ways that institutions, producers, and audiences have coped with this fragility and have defined practices of preservation and collection. The chapter subsequently analyzes comics in libraries and archives, collecting practices by readers and fans, uses of archives in comics production. At each step, it pays particular attention to the importance of materiality, senses, formats, manipulation in the preservation of comics, connecting them to matters of copyright, library policies, and commercial interests. The importance of these parameters is set out against changing notions of archives and archival practice, especially under the impulse of their digital transformation. The broader picture considers the importance of medium specificity in an age of online archival plenitude.
Evidence – its marshalling, disclosure and presentation – lies at the heart of many, if not most, international arbitration proceedings. Yet, perhaps more than any other aspect of arbitral practice, evidentiary issues lay bare the significant divergences between the common and civil law traditions. As result, evidentiary questions can sometimes be among the most contentious that arise in an international arbitration, particularly when a dispute involves parties and/or counsel from different sides of the common law/civil law divide.In this chapter, we outline the process by which evidence is used in international arbitration and highlight some particularly thorny issues that can arise, including in relation to the document disclosure process, the admissibility of evidence and the use of evidence at an evidentiary hearing.It is important that parties and counsel consider these evidentiary issues carefully – and early in the arbitral process. Although every tribunal is different, international arbitration is fundamentally party-driven.Parties should therefore be proactive in fostering an efficient, effective, and fair process as it relates to the gathering, production and use of evidence in an international arbitration proceeding.
Family building is seldom a straight-line march to the finish, even for those fortunate individuals who avoid a detour into the ethical and legal minefield of assisted reproductive technology (ART). Importantly, intended parents and their third-party helpers often lack fundamental information about the parties’ status to any child created – who is a parent, what rights the respective parties possess, and how those rights are protected. Unless appropriately addressed, these issues may contribute to misunderstandings, misperceptions, and confusion, all of which may be laid at the feet of the fertility counselor. In order to practice preemptive crisis management, fertility counselors must recognize risky situations, analyze them with a critical eye, practice within the parameters of competence, ethics, and legal sound stricture, and apply best practice principles. Collaboration with qualified legal practitioners who understand third-party reproduction law is essential to that end.
Customary international law is based on State practice. This book presents the international law practice of Germany, the world's fourth-largest economy and a powerhouse of the European Union. That practice makes an important contribution to the creation and development of customary international law. It is the first and only presentation in English of German practice in the field of international law. The 2019 volume also provides comprehensive coverage of Germany's membership of the United Nations Security Council. The book combines a case study approach, providing analysis and commentary on Germany's practice, with a classic digest of primary materials, including diplomatic correspondence, statements and court decisions. The book is an ideal complement to other compilations of international law practice and is an essential resource for scholars and practitioners of international law. It will also be of interest to scholars of international relations, politics and diplomatic studies.
Chapter 1 begins by comparing Gilbert Burnet’s focus on the song “Liliburlero” as the media event of the 1688 Revolution with what contemporary scholars have written about the importance of printed works at the time. It asserts the importance of adopting a multi-media perspective on the 1688 Revolution. It analyzes James II/VII’s shifting use of media in the context of challenges to his throne by the Duke of Monmouth and the Earl of Argyll in 1685 and William of Orange in 1688. It assesses William’s Declaration outlining “the Reasons Inducing him, to Appear in Armes in the Kingdome of England” and suggests that the document gained its authority as a printed text by being represented in oral and manuscript forms. It concludes by suggesting that the initial mediation of the 1688 Revolution impacted its later re-inscription as a site of “Glorious” cultural memory when William’s Declaration was reprinted in early eighteenth-century histories of recent events such as those by Edmund Bohun and Abel Boyer.
Chapter 4 analyses whether private mechanisms for implementing land rights in development projects can fill the gaps within the formal legal framework allowing communities to leapfrog those gaps to negotiate with power-holding concessionaires and financiers? This chapter introduces the devices for analysing this question: project finance mechanisms and company agreement-making. Focusing on project finance mechanisms requires understanding the private legal rules that bring life and value to the project’s assets. These forgotten elephants in the room are the devices within private contracts and policies and behaviours around which they are implemented, all of which matter for the recognising and implementing of indigenous peoples’ rights to land. Evidencing these interfaces means looking at the ordering of a project financing to see how it inherently treats indigenous rights issues within contractual mechanisms that operationalise lender safeguarding policies. Referring to sample clauses, I provide an overview of documentary interfaces between project finance devices and land rights issues where vulnerability to dispossesion is high and private discretion and priority is elevated.
Bibliography, as defined by W. W. Greg in 1932, excluded meaning; it was to deal only with documentary inscriptions as physical things. This excluded the reader from the editorial equation. A recent series of essays by Hans Walter Gabler repeats the mistake but in a new language.
He proposes that text is based on the fundamental fact of textual variance, and that text is a function of documents. He thus rules out appeal to the biographical author’s intentions. Editorial discourse (emendation, commentary) arises instead, he contends, from the need to explain textual variation.
In contrast, the work model offered in the present book incorporates the reader into text considered as a dimension of experienced meaning. This step requires the meaning of ‘document’ to expand. The two are cast as being in a negative dialectic relationship, dependent on one another to secure their own identities. The embodied work emerges as a regulative concept that embraces the successive iterations of the dialectic over time, around which a new literary studies could be organised. It is argued that Gabler’s binary synchronic needs replacing with a diachronic semiotics such as C. S. Peirce’s.
‘Archive’ and ‘scholarly edition’ are not securely differentiated categories. As readers we inhabit the same textual field as the documents and texts we seek to define. To record is to read and analyse sufficiently for the archival purpose; to interpret, for the editorial purpose: i.e. to mount an argument about the archival materials directed at a readership. The archival impulse anticipates the editorial, and the editorial rests on the archival. They are not separate or objective categories. Their relationship may be figured as a horizontal slider running from archive on the left to edition on the right.
Every position on the slider involves interpretative judgement, but the archival impulse is more document-facing and the editorial is, relatively speaking, more audience-facing. Each depends upon or anticipates the need for its co-dependent Other. The archival impulse aims to satisfy the shared need for a reliable record of the documentary evidence; the editorial impulse to further interpret it for known or envisaged audiences by taking their anticipated needs into account.
The sliding scroll-bar model dispenses with recent anxiety about archives replacing editions.
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