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History of Law

The history of law is the history of our race, and the embodiment of its experience. It is the most unerring monument of its wisdom and of its frequent want of wisdom. The best thought of a people is to be found in its legislation; its daily life is best mirrored in its usages and customs, which constitute the law of its ordinary transactions.There never has existed, and it is entirely safe to say that there never will exist, on this planet any organization of human society, any tribe or nation however rude, any aggregation of men however savage, that has not been more or less controlled by some recognized form of law. Whether we accept the fashionable, but in this regard wholly unsupported and irrational theory of evolution that would develop civilization from barbarism, barbarism from savagery, and the existence of savage men from a simian ancestry, or whether we adopt the more reasonable theory, sustained by the uniform tenor of all history, that barbarism and savagery are merely l...

How can we fight Terrorism for Humanity

Nawal El Saadawi 11 September 2003 Portland, Maine, USA I. What do we mean by the word "terrorism"? Today is the eleventh of September 2003, the anniversary of the attacks launched against the World Trade Center and the Pentagon. On this day I am at my desk on Peaks Island in Maine writing my intervention for the conference entitled "Fighting Terrorism for Humanity." The invitation to this conference was sent to me by the Prime Minister of Norway "Kjell Magne." I have heard that amongst those who will attend this conference are a number of the Heads of State including the president of the United State "George W. Bush." I have also been told that the General Secretary of the United Nation organization "Kofi Annan" will open the conference on the morning of September 22, 2003.In front of me are the morning newspapers of Portland Maine, which lies on the northern most part of the Atlantic coast in the United States. I came to Portland at ...

The Elusive Definition of Terrorism

Rebels, insurgents, paramilitaries, separatists, militants, guerrillas, insurrectionists, fundamentalists... are these all terrorists? Or does terrorism claim its own exclusive niche? The exasperating inability to define terrorism is betrayed in the UN 2006 Global Counter-Terrorism Strategy - "we, the States Members of the United Nations...strongly condemn terrorism in all its forms and manifestations, committed by whomever, wherever and for whatever purposes". The UN has been striving for decades to find a wording for terrorism which, instead of "all its forms and manifestations", narrows down to a specific profile of violence which can be condemned regardless of the circumstances. The absence of an agreed definition matters for many reasons. It blocks the possibility of referring terrorist acts to an international court, as for genocide and other war crimes; it leaves individual countries free to outlaw activity which they choose to classify as terrorism, perhaps...

Law: Is the rule of law a victim of terrorism?

By Joshua Rozenberg, Legal Editor Published: 12:01AM BST 18 Oct 2007 Can we still preserve the rule of law while fighting international terrorism? There are grave threats in some parts of the world to what Dicey called "the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power". But here in Britain we find a greater willingness to protect the rights of individuals, even those suspected of wishing to undermine the rule of law itself. It is troubling, for example, to find Canada unwilling to rescue one of its own citizens, a former child soldier, from what a US military lawyer described this week as an "Alice in Wonderland" legal process at Guantanamo Bay. On the other hand, our own Government is now willing to take back five other detainees, even though none is British. You may remember that Lord Goldsmith, as Attorney General, fought hard to persuade the US administration that all the B...

Where are ASEAN’s moral values?

By Zin Linn Bangkok, Thailand — Leaders at the ASEAN Summit in Thailand last weekend issued a statement saying they had discussed the situation in Myanmar (Burma) and highlighted “that the general elections to be held in Myanmar in 2010 must be conducted in a fair, free, inclusive and transparent manner in order to be credible to the international community.” Burma's Prime Minister Thein Sein told his Asian counterparts on Oct. 24 that the ruling junta could relax the conditions of democracy icon Aung San Suu Kyi's detention, the Japanese delegation spokesman Kazuo Kodama said. The Nobel Peace laureate had "softened" her attitude toward the military regime since her house arrest was extended in August for a further 18 months, the official quoted Thein Sein as saying. Whereas Thein Sein announced at the regional summit in Thailand that Burma also wants elections next year to be "inclusive," he did not state whether Suu Kyi would be allowed to participate. ...

ASEAN’S Human rights body must flex its muscles

By Zin Linn The 15th Asean summit held at a Thai resort town, has given room for hope that the conditions governing the detention of democracy icon Aung San Suu Kyi would be relaxed. Her detention figured in the talks Prime Minister Thein Sein had with the Asean leaders on the sidelines of the summit. And the summit also came out with a categorical call to the Junta to hold a free, fair, inclusive and transparent election next year. We don’t know the reaction of Thein to the Asean demand but he must he realized that the regime cannot hope to push its envelop any further with impunity. This much becomes clear from his assurance on the detention of Aung San Suu Kyi. Going by the official media version, he also told his interlocutors that the Nobel Peace laureate had "softened" her attitude towards the military regime since her house arrest was extended in August for a further 18 months. Interestingly, the official media...

I am confused!!!!!!

When I looked on rule of law and separation of powers within Malaysia, I am wondering whether these two really exist in Malaysia now. I am not taking any sides. I am not politically motivated to discuss about this matter. But as lay person and as teacher I am confused. When I preached(???) to my students about rule of law and separation of powers and pointing out to them that the parliament is supreme because its actually represents people of Malaysia but what is happening here is pointing out otherwise. So I confused and at the same time confusing my students. Is it right?

Revisting again

It is sad to see another Kugan case through Teoh. Herein I am sad because his fiancee is carrying his baby and he died on day he supposed to get marry with her. We still hearing the same 'old' statements and we can predict the outcomes. Rule of law in Malaysia? Can someone explain to me the meaning of this phrase, please? What you do understand? Ohh...my God!!!!!!

History Had Revisited at Bukit Selambau and Bukit Gantang

The results of these By Election in Pennisular Malaysia very much significant for the future of our beloved Malaysia. End of the day people had showed the real power where the repressions and condemninations repaid the victory to the opposition. It's a remarkable event in our country's history where the shift of power from BN to PR is unavoidable. I believe the 13th Election will signify what I had predicted today on based on results of today's by election. Let's we MALAYSIANS wake up from the atrocities of BN and as E Wallerstein has had said every superpower's will rise and falls. This is the indication that all MALAYSIANS had waited for so long. GOD WILL SAVE MALAYSIA.

Reimagining Socialism: A Nation Forum

By Immanuel Wallerstein There seem to me to be two occasions, which require two plans for the world left, and in particular for the US left. The first occasion is in the short run. The world is in a deep depression, which will only get worse for at least the next one or two years. The immediate short run is what concerns most people who are facing joblessness, seriously lowered income and in many cases homelessness. If left movements have no plan for this short run, they cannot connect in any meaningful way with most people. The second occasion is the structural crisis of capitalism as a world system, which is facing, in my opinion, its certain demise in the next twenty to forty years. This is the middle run. And if the left has no plan for this middle run, what replaces capitalism as a world system will be something worse, probably far worse, than the terrible system in which we have been living for the past five centuries. The two occasions require different, but combined, tactics. ...

Imperialism of Crisis: Part II

Robert Kurz , editor and co - publisher of the theoretical magazine "Krisis", has just published (Mars 2003) in Germany "War of the world order, the end of the sovereignty and transformations of imperialism at the time of the globalisation". Now he is in EXIT: http://www.exit-online.org Introduction The capitalism is not a Buddhist ceremony, an anhistoric look cannot apprehend it. The always identical logic of the principle of valorisation doesn't provoke its eternal return, but an irreversible historic process to the qualitatively changing conditions. Such a world constellation only must be explained in all time regarding the basis development of the world capital. Every time that a phase of valorisation is exhausted, the political institutions, afferent concepts and ideologies become also obsolete. This is verified especially for the stage of maturity reached at the end of the XXth century by the world system. Since 80’s the third industrial revolution, the ...

Capitalism and Imperialism

Part 1 Even though Malaysia decolonized more than 50 years ago but the mentality of the colonial masters is well rooted. This mentality can be classified as post capitalism and imperialism. First let one explain about the capitalism, “Capitalism is a difficult, problematic term; it applies to a diversity of phenomenon spread across disparate historical cultures with substantially variable world views. However, the term is an Enlightenment European term used to describe European practices; so the term "capitalism" means more than just a body of social practices easily applied across geographical and historical distances, it is also a "way of thinking," and as a way of thinking does not necessarily apply to earlier European origins of capitalism or to capitalism as practiced in other cultures. The earliest forms of capitalism—which we call "mercantilism"—originate in Rome, the Middle East, and the early Middle Ages. Mercantilism might be roughly defined as t...

The True Lincoln By Joshua Wolf Shenk

We don't outright invent history, but often it is made by the questions we ask. Few figures have provoked more questions than Abraham Lincoln, both because of his broad importance and his fantastic complexity. And few figures have proved so malleable. At times, the bearded man in the stovepipe hat seems much like a hologram, a medium for our fears and fantasies. Recent claims that Lincoln was gay--based on a tortured misreading of conventional 19th century sleeping arrangements--resemble the long-standing efforts to draft the famously nonsectarian man for one Christian denomination or another. Over the years, he has been trotted out to support everything from communism and feminism to prohibitionism and vegetarianism. But if a figure can be made to stand for everything, does he really mean anything? Today, as we march toward the 2009 bicentennial of Lincoln's birth and a trove of Lincoln scholarship has become instantly available on the Internet, primary material has become new...