This chapter explains the legal metaphors used in the poems and prayers in the Psalms and elsewhere in the Hebrew Bible. It shows how these metaphors reflect an understanding of God and his relations to humanity that is grounded in a legal, even litigious, perspective. It shows how and why individuals would appeal to the divine court in their quest for justice.

Sanctions are not only central to competition law enforcement for their punitive and deterrent value but are also important indicators of the successful performance of competition law authorities. The Indian and Pakistani competition legislations empower the CCI and CCP to impose both monetary and behavioural sanctions as appropriate, and in the years they have been operational, both authorities have utilised the full range of these powers, albeit with varying success. This chapter examines the penal strategies of the CCI and the CCP as manifested in the sanctions and penalties that they have imposed over time, and argues that these strategies as well as the extent to which the CCI and CCP have succeeded in recovering the penalties are directly impacted by the compatibility and legitimacy generated in the adoption process, and indirectly impacted by the establishment of success of these countries in adopting the competition enforcement infrastructure envisaged in the adopted legislations.

The UK asylum processat the time of writing is described in detail to illustrate more general practices and effects. Claim handling and the role of immigration detention are discussed.Legal representation is important but hard to find. Asylum claim interviews are described.The decision-making process is outlined. Tribunals, appeals, appeals rights exhaustion, and fresh claims are described.The National Referral Mechanism for people who have been trafficked is outlined.Claiming asylum has a human context.People are excluded from society.Shame can be induced, and ‘retraumatisation’ can occur. Detention without limit of time can distress and destabilise individuals who were mentally stable on arrival.Fear and uncertainty prevail.

Possible reactions of the host society are reviewed; suspicion and disbelief, and deprivation and demands as part of the ‘hostile environment’.

The key themes of medical care and the role of medical evidence are introduced.Forms of recognition as a refugee are described, and some of their practical and psychological consequences.

Theorizes three facets of global justice that were introduced in the preceding chapter. Each is addressed in different aspects of human rights practice, and each has its own repertoire, or set of tools, for justice seeking. Although they overlap, they are also time-ordered and somewhat cumulative. The first aspect of justice is the development of Samaritan-like care and concern for the conditions that prevent people from living free and full lives. Human rights actors linked human rights action to a notion of care that broadens the appropriate subject of care to a global neighborhood. The second aspect pertains to an institutional structure in which legal norms offer independent standards of justice. Human rights actors generated arguments based on law and concern that transformed rights into a language of legal justice and accountability that can be employed in appeals to power holders. The third aspect calls for the integration of social justice into politics as human rights standards upholding economic, social, and cultural equity, including gender and racial inclusion.

Explores the contents of the thousands of Urgent Action alerts issued by Amnesty International from 1975-2007 on behalf of individuals at risk from human rights violations. The chapter references to care, law, and justice as part of a distinctive culture of human rights argument. By analyzing references to law and aspects of justice in the thousands of UAs, the chapter charts change and continuity in human rights appeals over many years. Throughout the time period, the alerts give voice to the active care found in the justice of neighborhood by expressing, for example, fear for a person’s safety, and by inquiring about alleged ill-treatment of people by authorities or their agents. Appeals to global human rights norms in the documents indicate the emerging importance of law as a tool for the political realization of justice at the global level.

This chapter concerns the procedure for those rare but important civil disputes which proceed through the entire litigation process to judgment and, in some case, beyond. As this book has demonstrated, most cases settle prior to trial, which means that those cases which proceed through trial and on to judgment tend to be the ones with the most adversarial and persistent parties. However, for some cases, even judgment does not bring an end to proceedings. Judgments are considered final and enforceable as soon as they have been delivered, but they may also be incomplete and appealable and further disputes can arise after judgment. Appeals are a critical example of one of the key balancing themes in this book — being the balance between due process and efficiency.1 Appeals provide an opportunity to concentrate the hearing of the most legally difficult cases before the highest judges, which enables the development of high-level binding precedent by superior courts. However, appellate processes come at a high price for the efficiency aims of civil procedure as they require significant time and money.

The relative scarcity of matrimonial proceedings in England (and perhaps Normandy) resulted from administrative arrangements. It does not highlight differences separating the area from the rest of the North. English diocesan officials did not exercise exclusive rights of first instance jurisdiction over matrimony. Diocesan officials operated in a distinct environment because they had to compete with countless tribunals for rights of adjudication. Commissaries and exempt judges went on rounds of supervision, setting up vetting stations, especially for allegations that did not attain legal levels of proof. Unilateral marriage claims were normally decided on the spot and before they could reach central locations. If records from visited and permanent seats of English church justice are read in conjunction, on the other hand, they yield quantities of marriage cases resembling those from Paris or Cambrai. The treatment of cases was again exceptional in that multiple proceedings on account of identical charges were often staged in the same diocese. The rules of canonical jurisprudence envisioned three tiers of appellate hierarchy at a maximum. In Anglo-Norman practice, the revision of prior rulings could pass many more times between commissaries, deans, and higher dignitaries.

“’A Power Able to Overawe Them All’: Criminality and the Uses of Fear,” begins with a discussion of criminality in The Queen v. Eduljee Byramjee (1846). At the heart of the case was the question of whether criminal convictions could be appealed to the Privy Council. On the one hand, to limit appeals to the Queen would implicitly serve to undermine her absolute sovereignty. On the other hand, granting the right to appeal would undermine the authority of the colonial courts and intervene in the social, political, and economic uses to which Indian criminals were put. This chapter also shows how the fiction of Indian criminality became useful to the exercise of British sovereignty. As the last ready supply of working bodies after the abolition of slavery, and the end of British penal transport, Indian criminals provided essential physical labor for the territorial expansion of Empire. The rhetoric of Indian degeneracy, then, was central to both the ideological and material terms by which the British consolidated and expanded their sovereignty. (Word Count: 10,500)

This chapter takes a long view of the evolution of appeals for emergency aid. Our case studies of Ireland, Soviet Russia, and Ethiopia illustrate the trajectory of humanitarian fundraising over time. The chapter provides new empirical research on appeals for aid in each case, while identifying key distinctions as well as striking similarities and continuities in discourse and practice. In each case, transnational aid mobilisation gained momentum when the disaster received media attention after the crisis had escalated. The socio-political context differed, as Soviet Russia and Ethiopia were ruled by regimes hostile to the West, making transnational aid a delicate matter, while Ireland was part of the British Empire. While Irish and Russian representatives appealed directly to donors, Ethiopian victims depended on brokers abroad to make the calls for aid. However, humanitarian actors were also forced to complement their support for distant sufferers with ancillary campaigns for the local charity market.

While attention to the “vanishing trial” occupies scholarly attention, empirical work on civil appeals remains comparatively underdeveloped. Whatever is known about the small world of civil appeals is dominated by a focus on traditional appeals; that is, appeals initiated by the party who lost at trial. Comparatively far less is known about the much smaller number of prevailing-party appeals. Exploiting data from one of the largest collections of data on civil litigation in the United States, this chapter explores and describes the general empirical contours of prevailing-party civil appeals. One striking finding involves the asymmetrical distribution of prevailing-party appeals’ success. While traditional appeals favor of defendant-appellants prevailing-party appeals, by contrast, favor plaintiff-appellants. In terms of success with disrupting unfavorable trial court rulings, prevailing-party appeals succeeded at a rate that surpasses the success rate for traditional appeals. The core descriptive findings persist in an array of regression models of the decision to initiate a prevailing-party appeal as well as its success. While results in this study identify important aspects of prevailing-party appeals, particularly their asymmetric distribution of success, data limitations preclude a nuanced assessment of the competing theoretical interpretations of these findings.

When plaintiffs “settle,” they actually give up their lawsuit to enter into a settlement program that may or may not compensate them. So, mass-tort “settlements” don’t end disputes – they contractually move them out of the courts and into private resolution, or alternative dispute resolution (ADR) as it’s known. For instance, in American Medical Systems, all disputes over pelvic-mesh payouts went directly to JAMS, a for-profit arbitration company. And in the Conserve Hip Implant proceeding against Wright Medical, the court appointed a special master from JAMS to preside over the private settlement, used its “inherent authority” to give that special master the final say over any settlement appeal, and prohibited judicial review of those appeals. These private dispute resolution programs allow mass-tort defendants to regain some of the bargaining advantages they enjoy in the consumer context: they can pick the arbitrator, dictate the procedures used, and select which evidence the arbitrator may consider. Plaintiffs, however, don’t know whether they’ll recover anything. Claims administrators may tilt justice in favor of the repeat players who pick them, confidential awards make it hard for plaintiffs to tell if they’re treated fairly vis-à-vis one another, and internal “appeals” processes offer little relief.