- The Court of Cassation
- DEMOCRACY AND SOCIAL JUSTICE by Mario Toso (Italian only)
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- "Justice (Vol. 2, Iss. 46)" by International Ladies Garment Workers Union (ILGWU)
The birth of a new system of constitutional adjudication 6. Taking a deep breath: The Court's relationship to the body politic 7. The "eras" of the Constitutional Court 8. The system of constitutional justice designed by the Constituent Assembly 2. Composition 3. Jurisdiction 4. The system of judicial review 5. Acts that are subject to judicial review 6. A concurrent plurality of methods of interpretation 2. Reasonabless, proportionality and balancing of values 3.
The use of transnational law and comparative method 4.
The rights and duties of citizens in the Constitution 2. The fundamental principles of inviolability and equality 3. Personal liberty 4.
Freedom of religion 5. Life, reproduction, health 6. Family 7. Social rights 8. Relations of powers and the unique role of the Judiciary 2. Executive vs. President of the Republic 3. Parliament 4.
The Court of Cassation
Judiciary vs. Parliament 5. Not "federal" but "regional" 2. The constitutional reform of the regional system 3. Statutory autonomy 4. Private Law. Year of publication pages. Crijns, M. Dubelaar en K. Pitcher Category:.
DEMOCRACY AND SOCIAL JUSTICE by Mario Toso (Italian only)
Law Law general. The Netherlands and Synthetic Drugs. Granted the criticism came from Juan C. In another case, the lawyer might have defended the correctness of this act, but in the Bidone case, he chose to focus on the fact that Bidone could not have had much personal honor to protect or regain since he had chosen to put his daughter in a morally and physically unhealthy place, and submitted her to dishonoring medical exams, an affront to her modesty.
Buenos Aires was a place where only a few people shone because of their intrinsic merits, he argued, and many because they naturally gravitated toward money. An even greater number of people united the two factors, however, because of the accidents of cosmopolitanism and immigration. For example, the need to safeguard honor was actually used to discourage women from exercising their newly gained rights. While women had gained the right to request a divorce, they were discouraged from doing so.
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All along, there had been opposition to the law that gave wives this right, and pressure had been put on wives not to proceed against husbands in the interest of decorum and the greater public good. The most offensive act that a wife could commit, after adultery, was to bring charges of adultery against her husband in a court of law or sue for divorce. When this happened, husbands commonly responded by charging their wives with adultery, or sometimes mistreatment, and initiating their own cases of adultery or divorce.
Because a husband held marital authority, he then had the upper hand. His honor would be restored and might even be enhanced with the assertion of his rights.
Wives were wrong to make cases public in the first place, because it damaged their honor. Certain things, like illicit affairs of husbands, should be left hidden in private life While it was true that material criminal acts had to be prosecuted, the intent of much of judicial practice was to avoid unnecessary damage to personal honor What was one day an individual and limited offense, it was argued, could easily be converted the next into a broad social evil.
The state could not pursue each and every minor transgression, and hence relied on private justice to maintain the standard norms. The use of new laws on divorce was not deemed as important as keeping the gender hierarchy intact. Even though more and more elements of society were moving under secular state control, areas in which the law was discouraged from entering the sacred interior of the family continued to be preserved, so that honor could be maintained.
The cases examined here suggest interesting spaces of interaction among and between immigrants and Argentines, and the choices that people made to maintain or restore their honor. Clearly, from the first case discussed above, the injured couple preferred to resort to the courts. But there is evidence that in this era resorting to courts might have been considered shameful.
As Colonel Antonio Tovar, author of the National Mexican Code on Dueling argued, a judicial process was seen as a social scandal, and that dueling was preferable One wonders whether the neighbor would have preferred to have had Gerardo challenge him to a duel, rather than threatening to take him to court.
This leads us to question whether Gerardo chose the courts in order to avoid being labeled a fiery Italian prone to violence. There are details that we wish we knew.
Did either ever regain their honor, and what did that mean? Did the affair cause a rupture in the immigrant community? Did Gerardo, unsuccessful in court, eventually turn to an act of private vengeance against the culprit? We do not know if they had to think twice about going to court and consider whether they could trust the courts in a foreign country.
"Justice (Vol. 2, Iss. 46)" by International Ladies Garment Workers Union (ILGWU)
On the other hand, the neighbor-perpetrator was also an injured party and he had preferred to use a private act. Depositing was a legal method of private justice, although judges did not like it to be seen this way, as we saw in this case. It was supposed to restore honor. In the end, the opposing lawyer argued, someone like Bidone could not legitimately use the concept of honor in a legal case.
Questions of who had a right to honor; what conditions needed to prevail; and whether honor, when it was false or simulated, could legitimately be introduced into court, prevailed in this case. Although many Italians became farmers in rural areas, their numbers were concentrated in the city of Buenos Aires, which was taking on a worldly reputation as a lewd and dangerous environment in this epoch of alluvial immigration. The Bidone case was a perfect example of this.
Fake honor, fake modesty, cynicism about revered values, the simulation of sentiment — all this was bad and a sign of the changing times in Argentina in an age that had been ushered in with immigration. When the judge decided the case against Bidone, he appealed.
Archetti, E. Baily, S. Catalina del Amo, S. Devoto, F.
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