Genuinely broad in scope, each handbook in this series provides a complete state-of-the-field overview of a major sub-discipline within language study, law, education and psychological science research.
Genuinely broad in scope, each handbook in this series provides a complete state-of-the-field overview of a major sub-discipline within language study, law, education and psychological science research.
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Seychelles is a small island state with a hybridity of citizens, language, and culture. Its heritage of double colonisation has resulted in a complex blend of the French civil tradition and English common law. Litigation and adjudication in Seychelles have demanded knowledge of both legal traditions and necessitated the recruitment of judicial officers from outside the jurisdiction to complement the limited pool of locally available judges. This chapter considers the substantive and procedural constitutional provisions for the appointment of both Seychellois and foreign judges to the judiciary of Seychelles, the ratio of foreign judges to Seychellois judges, and how Seychellois view foreign judges and whether their perspectives on the role of foreign judges is substantiated by evidence. Examples of some of the difficulties experienced by the appointment of foreign judges are given, together with a reflection on whether these issues are specific to foreign judges or apply to judges generally. Finally, the continuing role of foreign judges in the Seychellois judiciary is explored together with an assessment of their contribution to, and/or diminution of, the judicial and legal landscape.
In this set of reflections, Sir David Baragwanath, former Justice of the Court of Appeal of New Zealand, part-time President of the Court of Appeal of Samoa and Appellate Judge of the Special Tribunal for Lebanon in The Hague, considers some of the ways in which judges and lawyers situate themselves within the familiar and the foreign. He urges reflection on the challenge of the judicial oath to ‘do right to all manner of people after the laws and usages of this realm without fear, favour, affection or ill-will’, as enriched by the basic judicial precepts of modestie et audace – caution – and mains tremblantes – the need for care, sensitivity and humility – to control personal predilections and learn and comprehend the distinctive values that underlie what, to an outsider, is novel jurisprudence. Judges ought to strive for a ‘periscope’ approach, in order to penetrate the mists of their own education and experience and search for answers congruent with the values of the unfamiliar law or society illuminated by a vision of its highest standards.
This chapter examines the role of foreign judges in the international mission to support the fight against corruption and impunity in Honduras ('MACCIH'), as conceived on paper and implemented in practice. It identifies two elements, aside from adjudication, of the role of the foreign judge in the international mission – as a diplomatic interlocutor to promote a new vision of the judiciary, and as an accountability mechanism for the international mission itself. The Honduran mission against corruption, and the use of foreign judges within it, can be understood in light of the receptiveness, in the wider Central American region, to international intervention in order to strengthen democracy, constitutionalism and human rights. However, the recent history of such international interventions raises questions about how the reputation and expertise of foreign judges and other foreign personnel can lend legitimacy to domestic institutions where corruption is rampant and where they face backlash from powerful domestic actors in the name of sovereignty.
This chapter discusses three common criticisms of using foreign judges on domestic courts. First, that the foreign judge, ignorant of local laws, customs and circumstances, will reach decisions that are legally wrong, assertive of colonial values and principles, or simply unacceptable to members of the local community. Second, the foreign judge, not being a citizen or resident of the local jurisdiction, has divided patriotic ties rendering him or her ill-suited to consider questions of constitutional significance, national security or foreign affairs. Third, the expertise of the foreign judge is no longer needed as there is already abundant domestic legal expertise. The chapter responds and reflects upon these criticisms in the context of the evolving system of overseas non-permanent judges of Hong Kong’s Court of Final Appeal since 1997.
Travel is a defining feature of foreign judging. This chapter uses the lens of mobility to examine the phenomenon of foreign judging in eight Pacific states: Fiji, Kiribati, Nauru, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. It adopts a methodology that centres on the movement of judges by combining quantitative analysis with qualitative description of the personal experiences of individual judges. The focus on mobility highlights three aspects of foreign judging in the Pacific: first, the modalities of travel, that is, the ways and means by which foreigners come to sit as judges on Pacific courts and their experiences of arrival, stay and return; second, who travels to sit as a judge and the meanings that are attached to movement to, from and within the Pacific; and third, potential impediments to judges’ travel. The analysis shows how mobility complicates presumptions about foreignness by blurring the boundaries between binary concepts such as foreign and local, as well as presumptions about judging by testing some of the qualities of judicial office that support judicial independence.
The judges who served as members of the Colonial Legal Service, established in 1933, were part of a community that was built and sustained by the imaginations of officials in the Colonial Office and those who served in the colonies. The judges of the Colonial Legal Service were shaped by the uniformity of formalised recruitment and promotion policies that rewarded professional legal experience at the Bar rather than local knowledge. A colonial legal career was not necessarily limited to one colony or region and legal officers were frequently transferred. The high number of transfers partly explains judges’ attitudes towards the administration of justice, in particular the fact that they often remained wedded to English law. Colonial judges were defined by their backgrounds – personal, educational and professional – and by the roles they performed. This chapter discusses how these factors helped create a unique sense of identity within the Colonial Legal Service.
Foreign judges sit on domestic courts in over fifty jurisdictions worldwide. They serve on ordinary courts, including apex and constitutional courts, as well as specialist courts, such as international commercial courts and hybrid criminal tribunals. This Handbook presents the first global comparative study of this long-standing, diverse and evolving practice, from colonial precedents to new forms of foreign judging in contemporary conditions of globalisation. Chapters by scholars of law, politics and history, and reflections by judges themselves, provide detailed information and critical analysis of foreign judging across Africa, Asia, the Caribbean, Europe, the Middle East and the Pacific. The chapters examine the notion and relevance of foreignness, rationales for foreign judges, and the implications for judicial identity, adjudication, independence and accountability. Focusing on an underexplored issue that features mainly in small states and jurisdictions of the Global South, this Handbook challenges assumptions and expands knowledge about courts and judges.
The European Union has introduced two different financial institutions for helping Member States to adjust to two crises with similar systemic implications. The European Stability Mechanism (ESM) for adjusting to the sovereign debt crisis of the early 2010s and the Recovery and Resilience Facility (RRF) for recovering from the pandemic crisis’s economic consequences of early 2020s. In less than a decade, in facing two crises with similar economic implications, the EU moved from an approach of ‘unconstrained intergovernmentalism’ (ESM) to an approach of ‘constrained supranationalism’ (RRF), although the ESM is a permanent institution while RRF is a pro tempore one (lasting until December 2026). In moving from one to the other approach, policy learning is considered to have been a crucial factor. While the European Central Bank has been instrumental in managing both crises, the chapter’s focus is on post-crisis economic (and not monetary) adjustment. It thus examines the role of national governments and supranational actors in the establishment and governance of different financial instruments for helping Member States to recover from economic crises.
This chapter focuses on abbreviations, elements that were almost a byword for a written document from the Antiquity through the Middle Ages right until the early modern period: notwithstanding the language, text type and genre, script type, purpose and audience, these ideographic elements were nearly always to be found in a written document. For the medieval litteratus, abbreviations embodied the inextricable link between logos and imago; for the contemporary reader, they may well have a familiar feel of the multimodality we have grown accustomed to that informs digital textuality. The author outlines the origins, typology and visuality of Latin abbreviations used in medieval and early modern Europe, adding a postscript on the transition from script to print, which ultimately spelled the end of such ideograms in the modern era. This chapter, however, should not be read as a note on ‘the days of yore’ in the history of orthography in the Latin West: abbreviations do have a longue durée in Latin-based textuality and remain a feature of modern writing, if sometimes in a different guise.
This chapter is intended to offer assistance for the linguistic description of writing systems throughout the history of one or, especially, several languages and provide a comparative description of the different units of writing systems. The first section establishes the definitions of the concepts of grapheme, graph, allograph and suprasegmental grapheme. The application of these concepts to English and Romance languages is exemplified by three models and methods of diachronic and comparative description of writing systems: Romance scriptology, cultural history of European orthographies, and comparative graphematics of punctuation. The second section discusses biscriptality, the phenomenon of employing two or more writing systems for the same language, not rare in the history of languages from different families, and related to different aspects of society and language users. With examples mainly from Russian and other Slavic languages, biscriptality is shown to be present on several levels of written language, and various applications of biscriptality are characterized with the help of dichotomies such as synchronic vs. diachronic biscriptality, monocentric vs. pluricentric biscriptality, and societal vs. individual biscriptality.
Do the euro area reforms over the long decade since 2008 add up to a system of risk-pooling among Member States that share a common currency? Most political economists see the macroeconomic policy architecture as incomplete. The standard for completeness is a fiscal federation in which central and state budgets form a co-insurance scheme for citizens. However, the argument here is that we can see an alternative emerging in the EU: a macroeconomic system of reinsurance. The euro area increasingly has the capacity to insure the ultimate insurers of citizens, the Member States, against catastrophic risks and systemic instability that would overwhelm national capacities. It does so in a variety of ways, not confined to budgetary transfers. In contrast to a fiscal federation, this evolution is a viable macroeconomic alternative on which Member State representatives with very different fiscal traditions can agree. It is less clear whether reinsurance has the same loyalty-generating effects among citizens as co-insurance in a federal polity.