The Politics of the Common Law

Gearey, Adam; Morrison, Wayne M.; Jago, Robert

doi:10.4324/9780203071991

Cited by 10 publications

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“…With the high productivity achieved through the use of machines, the plantations were confronted with over supply and low demands for sugar and other goods produced not only in the colonies, but in the main lands (Boahen, 1966). reasons were the suspicion that they may not have made the journey to the end, the slave owner was going to lose money and the ships supplies were getting low, especially, water (Gearey et al 2009). By jettisoning the slaves into the ocean, dead or alive, or certainly weakened by the voyage, then the ship owner could recover under its insurance cover.…”

Section: Slavery: What Led To Its Cessation?mentioning

confidence: 99%

“…This might have led to the awakenings of consciousness among the slave owners, beneficiaries of the slave owners' industries and others with no slave owing interests (Gearey et al 2009). …”

Section: Slavery: What Led To Its Cessation?mentioning

confidence: 99%

“…The abolitionist movement coinciding with the advent of machines and in-dustrialization, which redirected the attentions of the missionaries and their surrogates, to return to their original purpose of proselytizing the so-called "primitive natives", was no accident or even a particularly difficult moral choice (Gearey et al 2009). The advent of machines and the industrial revolution made the cost of carrying so many manual slave workers on hand too prohibitive to be sustainable.…”

Section: Slavery: What Led To Its Cessation?mentioning

confidence: 99%

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Democracy and Choice: Do These Mean Anything to the Average Ghanaian?

Norman¹

2017

AASoci

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The concept of "African democracy" invokes James and Stuart Rachels ' (2003) treatise against "Cultural Relativism". That is to say, it is generally assumed that there is democracy relative to Africa and therefore, there is a concept of "African Democracy Relativism". Due to this, democracy in Africa oughts to be different from democracy everywhere else. "Choice" as an ethical value subsists and emanates from autonomy and freedom. When people are free in the democracy, they also have the freedom of "choice" in their functionings. There are many limitations on the right to choose in Africa due to the general limitations placed on freedoms. This paper proposes that there is but one type of democracy in the world, which offers individuals the same kind of freedom of choice and wellbeing, provided it is also accepted that the African is an indivisible part of the universal man or woman. What may have given rise to the erroneous concept of an "African democracy type" is the general assumption that Africa is familiar and understands democratic principles. It was further mistakenly assumed that Africa considered all human beings as equal based on some resplendent intellectual expositions on democracy, which was accepted and known to all. Therefore, all had equal rights, freedom of choice and privileges before the law and man, and that "due process" was part of the mundane administration of justice articulated in a systematic and reviewable medium such as a tablet, stone, book or film or other archival systems. Africa's unwritten history is subject to the revisionist manipulation, prevarication, and unsupported by the cultural norms of the respective nations. These concepts as used in this paper would be defined and discussed accordingly and present a different view point on this matter, using Ghana as a case.

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Section: Slavery: What Led To Its Cessation?mentioning

confidence: 99%

“…This might have led to the awakenings of consciousness among the slave owners, beneficiaries of the slave owners' industries and others with no slave owing interests (Gearey et al 2009). …”

Section: Slavery: What Led To Its Cessation?mentioning

confidence: 99%

Section: Slavery: What Led To Its Cessation?mentioning

confidence: 99%

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Democracy and Choice: Do These Mean Anything to the Average Ghanaian?

Norman¹

2017

AASoci

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“…7 It is argued that this tradition promotes`responsible' behaviour, seeking to shore up existing administrative systems and to maintain the standing of the senior judiciary. 8 However, it can be seen to legitimize, to a limited extent, judicial efforts to mitigate`bad law'. 9 While encroachment into the policy-making arena is approached with extreme caution, 10 it is not entirely illegitimate.…”

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confidence: 99%

Interpreting the Politics of the Judiciary: The British Senior Judicial Tradition and the Pre‐emptive Turn in Criminal Justice

Annison

2014

Journal of Law and Society

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This article presents an interpretive politics of the judiciary, arguing for the value of interpretive political analysis in understanding developments in case law and judicial activity. It sketches out a senior judicial tradition, which is argued to guide but not predetermine the actions of the British senior judiciary. A case study, the senior judiciary's response to the Imprisonment for Public Protection (IPP) sentence, is presented, drawing on case law, extra‐judicial speeches, and interviews with five serving or retired senior judges. It is argued that this demonstrates the senior judiciary to be politically attuned actors, often highly sensitive to the broader context, while equally determined to act with fidelity to the law and the responsibilities inherent in an independent, impartial judiciary. The IPP case law suggests that the senior judicial tradition, and its inherent tensions, limits the extent to which the senior judiciary feel equipped to oppose the ‘pre‐emptive turn’ in criminal justice.

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General Principles of Law in International Law and Common Law

Lloyd Jones

2024

LCF Studies in Commercial and Financial Law

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The Politics of the Common Law

Cited by 10 publications

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Democracy and Choice: Do These Mean Anything to the Average Ghanaian?

Democracy and Choice: Do These Mean Anything to the Average Ghanaian?

Interpreting the Politics of the Judiciary: The British Senior Judicial Tradition and the Pre‐emptive Turn in Criminal Justice

General Principles of Law in International Law and Common Law

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