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Compilation Series: A Brief History of Malaysia: Texts and Materials is a solid, application-oriented text for students taking law subjects. Many new features make this edition a richer and stronger learning resource for students. Several factors motivated the authors to write this book. After having the experience in legal field and teaching for more than 17 years, it became clear that there was a definite need for more detail materials in this area. In addition, there was need for a book which would give full recognition to an easier method and the authors felt it was time for a text which would develop the ideas and methods with this in mind. This book covers a thorough discussion of the ...
This book discusses multilingual postcolonial common law, focusing on Malaysia’s efforts to shift the language of law from English to Malay, and weighing the pros and cons of planned language shift as a solution to language-based disadvantage before the law in jurisdictions where the majority of citizens lack proficiency in the traditional legal medium. Through analysis of legislation and policy documents, interviews with lawyers, law students and law lecturers, and observations of court proceedings and law lectures, the book reflects on what is entailed in changing the language of the law. It reviews the implications of societal bilingualism for postcolonial justice systems, and raises an important question for language planners to consider: if the language of the law is changed, what else about the law changes?
The papers in this collection bring together a wide and diverse range of viewpoints to consider how the catastrophic consequences of deadly armed conflict can be addressed. Commentators are drawn from the United Nations and its agencies, key non- governmental organisations, world-class academic circles, senior members of government, leading human rights lawyers and judges with experience in international criminal law. These experts address deadly conflict in a comprehensive fashion covering all its stages: the causes and prevention of conflict; conflict resolution and peace-building; international criminal law and international humanitarian law and the role of the United Nations, humanitarian organisations and peacekeepers in post conflict situations. This collection is for those with an existing interest and expertise in international law, international relations, peace studies and criminal justice as well as for those who wish to become conversant with emerging developments in these fields.
The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.
Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to "Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia" analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.
This book investigates the interface of ethnicity with occupation, empirically observed in luxury international hotels in Kuala Lumpur, Malaysia. It employs the two main disciplines of anthropology and sociology in order to understand the root causes and meaning of ethnicity at work within the hospitality industry sector. More specifically, it observes social change in a multi-ethnic and non-secular society through an ethnographic study located in a micro organisation: the Grand Hotel. At the individual level, this research shows how identity shifts and transformation can be mediated through the consumption and manipulation of food at the workplace. In addition, it combines an ambitious theo...
"e;This book fills a gap in authoritative analyses of the causes of inter-religious conflict and the practice of religious toleration. The rise of more overt expressions of Islamic piety and greater bureaucratization of Islam in both Indonesia and Malaysia over several decades have tested the "e;live and let live"e; philosophy that used to characterize religious expression in these nations. The analyses in each chapter break new ground with contextualized studies of particular and recent incidents of conflict or harassment in a variety of areas -- from urban centres to more remote and, even complex, locations. As these studies show, legislation stands or falls on the ability and determination of local authorities to enforce it.This volume is essential reading for understanding the dynamics of state-religious interaction in Muslim majority nations and the crucial role civil society organizations play in negotiating interfaith toleration."e; --Emeritus Professor Virginia Hooker FAHA, Department of Political & Social Change,College of Asia & the Pacific, The Australian National University
This handbook surveys how international law is applied and interpreted in the Asia-Pacific region. It explores Asia's contribution to the development of international law and whether a distinct 'Asian' approach can be perceived