Comparative Justice: Off the Beaten Path
Edition: 1
Copyright: 2018
Pages: 258
Edition: 1
Copyright: 2018
Pages: 258
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Comparative Criminal Justice Systems encourages critical thinking by introducing students and policy makers to different ways of organizing the administration of justice in the different parts of the world without ethnocentric assumptions that ‘our’ ways must be superior to all others.
Comparative Justice: Off the Beaten Path offers a simple definition of comparative justice: the study of the similarities and dissimilarities of diverse systems of social order. It introduces readers to interesting case studies of the families of law and offers engaging contributions in comparative justice as well as fresh perspectives on developing countries.
Comparative Justice: Off the Beaten Path:
- will identify selections of varied and sometimes overlooked justice systems from around the world.
- considers some of the varied ways that systems of social order might be viewed.
- outlines three perspectives when comparing justice systems: the spatial, the temporal, and the legal.
Comparative Justice is divided into seven parts:
- The Family of Common Law
- The Napoleonic Civil Law System
- Germanic Civil Law
- Islamic Law
- The Socialist Family of Law
- Hybrid System
- Canon Law/Roman Catholic
FOREWORD
ABOUT THE AUTHORS
Chapter 1: THINKING COMPARATIVELY
Spatial Perspectives
Temporal Perspectives
Legal Perspectives
References
Chapter 2: FAMILIES OF LAW
Common Law: England
Napoleonic Civil Law: France
Germanic Civil Code: Germany
Socialist Tradition
Islamic Law
The Hybrid System
Canon Law
Summary
Chapter Questions
References
PART ONE: THE FAMILY OF COMMON LAW
Chapter 3: THE SINGAPORE MODEL
Why Off the Beaten Path?
Geo-demographic Backdrop
One-Party Rule in Singapore
The Necessity of Maintaining Order
Informal Police Presence
Neighborhood Watch Zones
Formal Law Enforcement
Other Specialty Line Units
The Judicial System
Alternate Dispute Resolution
Punishment and Incarceration
Summary
Discussion Questions
References
Chapter 4: GHANA
Introduction
Why Ghana Is Part of this Study
Legal Concepts
Law Enforcement in Ghana
Eligibility to Become a Police Officer in Ghana
Training
Organization of Ghanian Police Force
Promotion of Ghanian Officers to Higher Ranks
The Legal Profession in Ghana
Structure of Courts in Ghana
Corrections in Ghana
Classifications of Prisons
Intermediate Sentences in Ghana
Summary
Discussion Questions
References
PART TWO: THE NAPOLEONIC CIVIL LAW SYSTEM
Chapter 5: ITALY
Introduction
Why Italy Is Included in the Sample
Legal Concepts
Law Enforcement
State Police (Polizia di Stato)
Training of Italian Police Officers
Military Police (Carabinieri)
The Judiciary & Judicial Process
Criminal Court Structure
Corrections
Prisons, Jails, and Prisoners
Alternatives to Incarceration
Summary
Discussion Questions
References
Chapter 6: ROMANIA
Why Romania Is Included in the Sample
Legal History
Legal Concepts
Romanian Police
Structure of Courts in Romania
Corrections in Romania
Types of Prisons
Non-Custodial Punishments
Summary
Questions
References
PART THREE: GERMANIC CIVIL LAW
Chapter 7: Republica Federativa Do BRAZIL
Legal Concepts
Law Enforcement in Brazil
The Judiciary and Structure of Courts in Brazil
Corrections in Brazil
Privitation of Prisons in Brazil
Intermediate Punishments in Brazil
Summary
Discussion Questions
References
Chapter 8: CZECH REPUBLIC
Introduction
History
Why Czech Republic Is in the Sample
Legal Concepts
Law Enforcement in Czech Republic
The Legal Profession in Czech Republic
Courtroom Work Group
Corrections in Czech Republic
Summary
Chapter Questions
References
PART FOUR: ISLAMIC LAW
Chapter 9: YEMEN
Geo-Social Backdrop
Why Off the Beaten Path?
Social-Demographic Profile
Social Control Outside the Criminal Justice System
Military Conscription
The Nature of Yemeni Crime
The Judiciary
Law Enforcement
Punishment and Corrections
Summary
Discussion Questions
References
Chapter 10: IRAN
Geo-Social and Demographic Backdrop
Why Off the Beaten Path?
A Control Oriented Society
Iranian Criminal Justice System
Summary
Discussion Questions
References
PART V: THE SOCIALIST FAMILY OF LAW
Chapter 11: CUBA
The Cuban Model
Why Off the Beaten Path?
Geo-Social and Demographic Backdrop
Order and Control Outside the Criminal Justice System
Criminal Justice Systems
Summary
Discussion Questions
References
Chapter 12: NORTH KOREA
Why Off the Beaten Path?
Socio-Demographic Backdrop
Early Ideologies of Social Order
Modern and On-going Features of Social Order
Crimes against Humanity
Law Enforcement
Judicial Processes and Corrections
Summary
Discussion Questions
References
PART VI: HYBRID SYSTEM
Chapter 13: PHILIPPINES
Why Off the Beaten Path?
Geo-demographic Backdrop
Island Complexity and Social Order
The Barangay Justice System
Judicial Processes
Alternative Dispute Resolution
Enforcing the Law
The Barangay Tanod
Jails, Prisons, and Corrections
Summary
Discussion Questions
References
Chapter 14: SOUTH AFRICA
Country Information
History of South African Law
Why Is South Africa in the Sample?
Introduction to South Africa’s System of Justice
The Police
Structure of the South African Police Service
The South African Judiciary
Structure of Courts in South Africa
Legal Actors
Corrections
Prison Classifications
Alternatives to Incarceration
Summary
Discussion Questions
References
PART VII: CANON LAW/ROMAN CATHOLIC
Chapter 15: THE VATICAN CITY
Introduction
Why the Vatican Is Included in This Book
Legal Concepts
Law Enforcement
The Judicial System
Corrections
Summary
Discussion Questions
References
Chapter 16: CLOSING THOUGHTS
Index
Victoria M. Time is University Professor and Professor of Criminology and Criminal Justice in the Department of Sociology and Criminal Justice at Old Dominion University, Norfolk, Virginia. Her education comprises two law degrees from the University of Cameroon; a masters in comparative law from George Washington University Law School; a masters in justice, law and society from American University in Washington, D.C.; and a PhD in Criminology from Indiana University of Pennsylvania.
Her research endeavors capture her various interests in comparative justice systems, contemporary legal issues, human rights, nation building, and crimes of culture. She has published extensively. Her first book titled Shakespeare’s Criminals: Criminology, Fiction, and Drama portrays her interest in the English classics and criminological theories; while her second book titled Women’s Social and Legal Issues in African Current Affairs demonstrates her interest in human rights and crimes of culture. Some of her numerous articles can be found in journals such as, Journal of Criminal Justice; International Journal of Comparative and Applied Criminal Justice; Women and Criminal Justice; Social Justice, Journal of Ethnicity in Criminal Justice, among others. In addition, some of her other works can be found in numerous book chapters.
Victoria M. Time has travelled extensively in the United States and world-wide to present her research at conferences and symposiums on a variety of social and justice issues, and to teach as a visiting professor in foreign universities such as University of Kitakyushu, Japan, and Zhejiang University Guanghua Law School, China.
W. Timothy Austin received the Ph.D. degree with distinction from the University of Georgia’s Department of Sociology and Anthropology in 1972 after earlier preparation in anthropology and criminology from Florida State University. Research includes multiple ethnographic field ventures to Singapore, the Philippines, and the Crow Reservation funded by several Fulbright, NSF, and U.S. Institute of Peace grants. Teaching specialties at Indiana University of Pennsylvania over the past three decades focused on comparative justice systems and criminological theory. Several books include: Banana Justice: Fieldnotes on Philippine Crime and Culture (Praeger); and Criminological Thought: Pioneers Past and Present (Co-authored with R. J. Mutchnick and Randy Martin), Prentice-Hall. Articles appear in such journals as Criminology, Social Forces, Human Organization, Deviant Behavior, Criminal Justice and Behavior, and Practicing Anthropology, among others.
Comparative Criminal Justice Systems encourages critical thinking by introducing students and policy makers to different ways of organizing the administration of justice in the different parts of the world without ethnocentric assumptions that ‘our’ ways must be superior to all others.
Comparative Justice: Off the Beaten Path offers a simple definition of comparative justice: the study of the similarities and dissimilarities of diverse systems of social order. It introduces readers to interesting case studies of the families of law and offers engaging contributions in comparative justice as well as fresh perspectives on developing countries.
Comparative Justice: Off the Beaten Path:
- will identify selections of varied and sometimes overlooked justice systems from around the world.
- considers some of the varied ways that systems of social order might be viewed.
- outlines three perspectives when comparing justice systems: the spatial, the temporal, and the legal.
Comparative Justice is divided into seven parts:
- The Family of Common Law
- The Napoleonic Civil Law System
- Germanic Civil Law
- Islamic Law
- The Socialist Family of Law
- Hybrid System
- Canon Law/Roman Catholic
FOREWORD
ABOUT THE AUTHORS
Chapter 1: THINKING COMPARATIVELY
Spatial Perspectives
Temporal Perspectives
Legal Perspectives
References
Chapter 2: FAMILIES OF LAW
Common Law: England
Napoleonic Civil Law: France
Germanic Civil Code: Germany
Socialist Tradition
Islamic Law
The Hybrid System
Canon Law
Summary
Chapter Questions
References
PART ONE: THE FAMILY OF COMMON LAW
Chapter 3: THE SINGAPORE MODEL
Why Off the Beaten Path?
Geo-demographic Backdrop
One-Party Rule in Singapore
The Necessity of Maintaining Order
Informal Police Presence
Neighborhood Watch Zones
Formal Law Enforcement
Other Specialty Line Units
The Judicial System
Alternate Dispute Resolution
Punishment and Incarceration
Summary
Discussion Questions
References
Chapter 4: GHANA
Introduction
Why Ghana Is Part of this Study
Legal Concepts
Law Enforcement in Ghana
Eligibility to Become a Police Officer in Ghana
Training
Organization of Ghanian Police Force
Promotion of Ghanian Officers to Higher Ranks
The Legal Profession in Ghana
Structure of Courts in Ghana
Corrections in Ghana
Classifications of Prisons
Intermediate Sentences in Ghana
Summary
Discussion Questions
References
PART TWO: THE NAPOLEONIC CIVIL LAW SYSTEM
Chapter 5: ITALY
Introduction
Why Italy Is Included in the Sample
Legal Concepts
Law Enforcement
State Police (Polizia di Stato)
Training of Italian Police Officers
Military Police (Carabinieri)
The Judiciary & Judicial Process
Criminal Court Structure
Corrections
Prisons, Jails, and Prisoners
Alternatives to Incarceration
Summary
Discussion Questions
References
Chapter 6: ROMANIA
Why Romania Is Included in the Sample
Legal History
Legal Concepts
Romanian Police
Structure of Courts in Romania
Corrections in Romania
Types of Prisons
Non-Custodial Punishments
Summary
Questions
References
PART THREE: GERMANIC CIVIL LAW
Chapter 7: Republica Federativa Do BRAZIL
Legal Concepts
Law Enforcement in Brazil
The Judiciary and Structure of Courts in Brazil
Corrections in Brazil
Privitation of Prisons in Brazil
Intermediate Punishments in Brazil
Summary
Discussion Questions
References
Chapter 8: CZECH REPUBLIC
Introduction
History
Why Czech Republic Is in the Sample
Legal Concepts
Law Enforcement in Czech Republic
The Legal Profession in Czech Republic
Courtroom Work Group
Corrections in Czech Republic
Summary
Chapter Questions
References
PART FOUR: ISLAMIC LAW
Chapter 9: YEMEN
Geo-Social Backdrop
Why Off the Beaten Path?
Social-Demographic Profile
Social Control Outside the Criminal Justice System
Military Conscription
The Nature of Yemeni Crime
The Judiciary
Law Enforcement
Punishment and Corrections
Summary
Discussion Questions
References
Chapter 10: IRAN
Geo-Social and Demographic Backdrop
Why Off the Beaten Path?
A Control Oriented Society
Iranian Criminal Justice System
Summary
Discussion Questions
References
PART V: THE SOCIALIST FAMILY OF LAW
Chapter 11: CUBA
The Cuban Model
Why Off the Beaten Path?
Geo-Social and Demographic Backdrop
Order and Control Outside the Criminal Justice System
Criminal Justice Systems
Summary
Discussion Questions
References
Chapter 12: NORTH KOREA
Why Off the Beaten Path?
Socio-Demographic Backdrop
Early Ideologies of Social Order
Modern and On-going Features of Social Order
Crimes against Humanity
Law Enforcement
Judicial Processes and Corrections
Summary
Discussion Questions
References
PART VI: HYBRID SYSTEM
Chapter 13: PHILIPPINES
Why Off the Beaten Path?
Geo-demographic Backdrop
Island Complexity and Social Order
The Barangay Justice System
Judicial Processes
Alternative Dispute Resolution
Enforcing the Law
The Barangay Tanod
Jails, Prisons, and Corrections
Summary
Discussion Questions
References
Chapter 14: SOUTH AFRICA
Country Information
History of South African Law
Why Is South Africa in the Sample?
Introduction to South Africa’s System of Justice
The Police
Structure of the South African Police Service
The South African Judiciary
Structure of Courts in South Africa
Legal Actors
Corrections
Prison Classifications
Alternatives to Incarceration
Summary
Discussion Questions
References
PART VII: CANON LAW/ROMAN CATHOLIC
Chapter 15: THE VATICAN CITY
Introduction
Why the Vatican Is Included in This Book
Legal Concepts
Law Enforcement
The Judicial System
Corrections
Summary
Discussion Questions
References
Chapter 16: CLOSING THOUGHTS
Index
Victoria M. Time is University Professor and Professor of Criminology and Criminal Justice in the Department of Sociology and Criminal Justice at Old Dominion University, Norfolk, Virginia. Her education comprises two law degrees from the University of Cameroon; a masters in comparative law from George Washington University Law School; a masters in justice, law and society from American University in Washington, D.C.; and a PhD in Criminology from Indiana University of Pennsylvania.
Her research endeavors capture her various interests in comparative justice systems, contemporary legal issues, human rights, nation building, and crimes of culture. She has published extensively. Her first book titled Shakespeare’s Criminals: Criminology, Fiction, and Drama portrays her interest in the English classics and criminological theories; while her second book titled Women’s Social and Legal Issues in African Current Affairs demonstrates her interest in human rights and crimes of culture. Some of her numerous articles can be found in journals such as, Journal of Criminal Justice; International Journal of Comparative and Applied Criminal Justice; Women and Criminal Justice; Social Justice, Journal of Ethnicity in Criminal Justice, among others. In addition, some of her other works can be found in numerous book chapters.
Victoria M. Time has travelled extensively in the United States and world-wide to present her research at conferences and symposiums on a variety of social and justice issues, and to teach as a visiting professor in foreign universities such as University of Kitakyushu, Japan, and Zhejiang University Guanghua Law School, China.
W. Timothy Austin received the Ph.D. degree with distinction from the University of Georgia’s Department of Sociology and Anthropology in 1972 after earlier preparation in anthropology and criminology from Florida State University. Research includes multiple ethnographic field ventures to Singapore, the Philippines, and the Crow Reservation funded by several Fulbright, NSF, and U.S. Institute of Peace grants. Teaching specialties at Indiana University of Pennsylvania over the past three decades focused on comparative justice systems and criminological theory. Several books include: Banana Justice: Fieldnotes on Philippine Crime and Culture (Praeger); and Criminological Thought: Pioneers Past and Present (Co-authored with R. J. Mutchnick and Randy Martin), Prentice-Hall. Articles appear in such journals as Criminology, Social Forces, Human Organization, Deviant Behavior, Criminal Justice and Behavior, and Practicing Anthropology, among others.