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The ‘defending democracy’ in Israel – a framework of analysis

‘theoretical–normative level’, to use a term made popular by Ignazi. 4 As time passed, and particularly in the 1950s–1960s, this discourse was supplemented with another level of analysis – the political–institutional level. Close scrutiny of the argument involving this term indicates two principal lines of research. The first type, i.e. the legal–judicial, which finds its roots in works penned by Loewenstein in the late 1930s, focuses on the judicial statutes and verdicts handed down against extremist parties and violent organisations. 5 The second

in The Israeli response to Jewish extremism and violence
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significant. And there may be a place for historical accident or chance PERSPECTIVES 5 too. In a different corner social scientists sift quantitative information, looking for ‘forces’ that in the view of some are analogous to causes; they hope to subsume the explanandum under a covering law or law-like generalization. Disciplines impose their own canons of acceptable forms of evidence and offer different frameworks of analysis, in addition to their own choice of starting-points, lead questions and principal concerns. How did something happen? Why did it happen? What

in Democratization through the looking-glass
A twenty-first century trial?

logistics The case was set down for trial by Trial Chamber III, composed of three judges. The Presiding Judge is Richard May (United Kingdom), a specialist in criminal law and evidence.10 The other two judges are Patrick Robinson ( Jamaica) and O-Gon Kwon (South Korea). The working languages of the ICTY are English and French. Translation is provided into Serbo-Croat, but Milosevic has refused to use it. He is fluent in English but has spoken only Serbo-Croat at the trial. The trial is held in Court Number One, a small, modern, office space containing twenty-four computer

in Domestic and international trials, 1700–2000
The idioms and risks of defiance in the trial of Margaretha Horn, 1652

being interpreted as additional evidence of their alleged identity as witches. THE TRIAL OF MARGARETHA HORN 181 A swarm of fleas On 6 August 1652 sixty-year-old Margaretha Horn, who lived in the village of Bettenfeld with her husband Hans and two unmarried daughters, Eva and Cordula, was arrested on suspicion of having caused a swarm of fleas to plague her nearest neighbour, Leonhard Gackstatt. According to Gackstatt the fleas were everywhere: in his house and garden and in the clothes and bedding of all the family members, who had been bitten bloody by the insects

in Witchcraft narratives in Germany
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Beyond the witch trials

awkward process of divorcing themselves from popular concerns and beliefs regarding witchcraft. This shift led, it would seem, to some considerable consternation amongst the witch-believing public as to what was and was not regarded as criminal. Yet while the criminal basis of witchcraft was increasingly undermined by legal circumspection regarding the nature of evidence, and broader intellectual scepticism concerning the reality of witchcraft, beneficial magic remained a crime even though it was rationalised according to intellectual developments. This is particularly

in Beyond the witch trials

7 State violence and death politics in post-revolutionary Iran 1 Chowra Makaremi 2 From 9 January to 19 July 2012, the Iranian daily Gooya News, one of the Iranian diaspora’s main information sites, published a series of forty-one articles, entitled ‘Interviews with a torture and rape witness’. The tortures and rapes in question were from the period of violent state repression that gripped the Islamic Republic throughout the 1980s. The interviews give voice to the anonymous testimony of an official involved in the penitentiary and judicial sphere of that period

in Destruction and human remains
The bid for cooperation

for a while. He also launched a judicial persecution of financiers and revenue farmers to force them to return some of their profits to the regent. In other words, Noailles proceeded down a path already worn smooth by Colbert and others, hoping that, given time, he would shrink the debt and balance the budget. Perhaps he would have done, eventually, but in the near term he presided over a de facto, partial bankruptcy, not much different from the real thing.15 The parlements preferred almost anything to a declared bankruptcy and an outright repudiation of augmentations

in Louis XIV and the parlements

disappeared detainees: (a) the location of the grave site within the battalion; (b) the skeleton and the trauma it had been subjected to; (c) the pit and the techniques and methods used to produce it; and (d) any other associated elements. The status of scientific evidence needed to be determined on a problem-by-problem basis and in coordination with the judges, prosecutors, and judicial forensic medical examiners. Through these methods, the bodies found, the ‘incidents’ established through archaeological techniques and the identification of abnormalities found on bones

in Human remains and identification

EU recognises the social and cultural characteristics of the sports sector within its regulatory approach. By establishing separate territories of sporting autonomy and judicial intervention, the EU has in effect established a distinct legal approach for dealing with sports-related cases. The recent application of law to the sports sector is deeply influenced by the political values embedded within sports policy. Accordingly, current legal interventions in sport balance the EU’s regulatory and political policy interests in sport. The development of the separate

in Sports law and policy in the European Union

judicial powers As we shall see below, a general principle guides the division of powers or functions in the Basic Law. That principle is contained in Article 30, which says that “state [Americans would say “governmental”] powers and the implementation of state [governmental] tasks are the responsibility of the Länder,” unless the Basic Law provides otherwise. This creates a presumption that governmental powers – legislative, executive, and judicial – lie with the Länder in cases of doubt.13 But as with the Tenth Amendment14 to the American Constitution, the provisions

in The Länder and German federalism