Pub Date : 2022-03-31DOI: 10.52279/jlss.04.01.3044
Dr. Syed Kaleem Imam
This research is an attempt to understand community policing as an innovative approach to encourage police-community interaction for crime reduction and implementation of law and order. It identifies key gaps in policing and provides strategies to reinforce community policing guidelines and initiatives for crime prevention. This is an endeavor to understand community policing and considers the mandate, design, features, and functions by profiling initiatives laid out by the authorities. It also sheds light on the importance of citizen-police affiliation assisting law enforcers to enhance their capacity for identification, recognition, and acknowledgment of prevalent community issues through positive non-enforcement. Most importantly, strategies to reestablish communication and trust between communities and law enforcement agencies through proactive engagement and community-oriented programs have been discussed. Lastly, this article has also examined government introduced legal frameworks and recommendations to enhance community-police engagement to ensure improvement in policing.
{"title":"Community Policing: An Innovative Approach for Effective Law Enforcement","authors":"Dr. Syed Kaleem Imam","doi":"10.52279/jlss.04.01.3044","DOIUrl":"https://doi.org/10.52279/jlss.04.01.3044","url":null,"abstract":"This research is an attempt to understand community policing as an innovative approach to encourage police-community interaction for crime reduction and implementation of law and order. It identifies key gaps in policing and provides strategies to reinforce community policing guidelines and initiatives for crime prevention. This is an endeavor to understand community policing and considers the mandate, design, features, and functions by profiling initiatives laid out by the authorities. It also sheds light on the importance of citizen-police affiliation assisting law enforcers to enhance their capacity for identification, recognition, and acknowledgment of prevalent community issues through positive non-enforcement. Most importantly, strategies to reestablish communication and trust between communities and law enforcement agencies through proactive engagement and community-oriented programs have been discussed. Lastly, this article has also examined government introduced legal frameworks and recommendations to enhance community-police engagement to ensure improvement in policing.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116593058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-31DOI: 10.52279/jlss.04.01.1329
Dr. Javed Ali Kalhoro, Dr. Sarfraz Khan
The concept of radicalization has remained an intense part of human history. The features of this process are significant to understand human behaviour and encountering the social construction of any society. Several studies suggest that radicalization or extremism can be described as violent expressions, manifesting in the shape of extreme views, ideology or acts of violence against any individual, community, sect or even country. For this, several countries have spent substantial financial resources to pledge such threats and a spate of legislation to safeguard their respective national security. Research into radicalization, unfortunately, does not pay much consideration to education. This is extraordinary and may also, possibly, misses an important effect on the process of radicalization. Therefore, this study establishes a cognitive approach towards this term and examines whether radicalization has any linkage or causative relations with education as well. For this study, we have borrowed different denotations and connotations of radicalization and education by numerous scholars to determine the interconnectivity between radicalization and education. After going through existing the literature review, we establish that radicalization and education have strong connections. Education, be that formal or informal, can be used as an extensive tool to radicalize youth anywhere in the world. In this regard, we have studied Pakistan’s history vis-à-vis its education system in religious seminaries and public schools. We determine that the government of Pakistan has accepted the reality that its education system at the public schools and Madrassahs have remained an instrument to radicalize the youth in the country, which has raised fear for the internal security of Pakistan and for global security as well. In the end, we suggest that despite numerous steps by the Government of Pakistan, the international community must come up to assist Pakistan in terms of revitalizing its overall education system vis-à-vis curriculum changes to evade any further (emerging) extremism, which is rooted through radical textbooks at the public schools.
{"title":"Education and Radicalization; Is There Any Causative Relationship? A Case Study of Pakistan","authors":"Dr. Javed Ali Kalhoro, Dr. Sarfraz Khan","doi":"10.52279/jlss.04.01.1329","DOIUrl":"https://doi.org/10.52279/jlss.04.01.1329","url":null,"abstract":"The concept of radicalization has remained an intense part of human history. The features of this process are significant to understand human behaviour and encountering the social construction of any society. Several studies suggest that radicalization or extremism can be described as violent expressions, manifesting in the shape of extreme views, ideology or acts of violence against any individual, community, sect or even country. For this, several countries have spent substantial financial resources to pledge such threats and a spate of legislation to safeguard their respective national security. Research into radicalization, unfortunately, does not pay much consideration to education. This is extraordinary and may also, possibly, misses an important effect on the process of radicalization. Therefore, this study establishes a cognitive approach towards this term and examines whether radicalization has any linkage or causative relations with education as well. For this study, we have borrowed different denotations and connotations of radicalization and education by numerous scholars to determine the interconnectivity between radicalization and education. After going through existing the literature review, we establish that radicalization and education have strong connections. Education, be that formal or informal, can be used as an extensive tool to radicalize youth anywhere in the world. In this regard, we have studied Pakistan’s history vis-à-vis its education system in religious seminaries and public schools. We determine that the government of Pakistan has accepted the reality that its education system at the public schools and Madrassahs have remained an instrument to radicalize the youth in the country, which has raised fear for the internal security of Pakistan and for global security as well. In the end, we suggest that despite numerous steps by the Government of Pakistan, the international community must come up to assist Pakistan in terms of revitalizing its overall education system vis-à-vis curriculum changes to evade any further (emerging) extremism, which is rooted through radical textbooks at the public schools.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129924029","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-31DOI: 10.52279/jlss.04.01.98112
Muhammad Arif Saeed, S. Amin, Dr. Muhammad Imran
The juvenile justice system has been designed to protect the juveniles' rights to avoid sentencing like adults, especially the death sentences. The current study analyses the practical implication and overview of the resolved cases under the juvenile justice system Act 2018 and juvenile justice system ordinance 2000.It is qualitative exploratory research that goes through the content analysis of case laws based on the different crimes; having weapon, attempt to murder, possession of narcotics, rape cases, accused treatment as an adult offender, dispute of age and birth certification, dispute on sentencing the accused base on the age factor. It is found that in various cases, the juveniles have been released on bail after the approval of their age less than sixteen years. The study finds that the juvenile justice system Act 2018 and juvenile justice system ordinance 2000 are significant to protect the children's rights and prevent them from being addicted and professional criminals due to their physical and psychological protection from the jail environment. It concludes that such acts are necessary to providethe juveniles a platform to prove themselves innocent, indulging the age factor and preventing them from the evil influence of rigid and predetermined punishments of their intentional and unintentional committed crimes. The study suggests that policymakers consider the practical stances of the law implementation in the field before introducing the complete law at ground level. This research will be useful for the lawenforcing agencies, policymakers and academicians to have rich insight into the juvenile justice system Act 2018, Juvenile Justice System Ordinance 2000 and its practicality.
{"title":"Juvenile Justice System Implications and Overview of Resolved Cases in Punjab, Pakistan","authors":"Muhammad Arif Saeed, S. Amin, Dr. Muhammad Imran","doi":"10.52279/jlss.04.01.98112","DOIUrl":"https://doi.org/10.52279/jlss.04.01.98112","url":null,"abstract":"The juvenile justice system has been designed to protect the juveniles' rights to avoid sentencing like adults, especially the death sentences. The current study analyses the practical implication and overview of the resolved cases under the juvenile justice system Act 2018 and juvenile justice system ordinance 2000.It is qualitative exploratory research that goes through the content analysis of case laws based on the different crimes; having weapon, attempt to murder, possession of narcotics, rape cases, accused treatment as an adult offender, dispute of age and birth certification, dispute on sentencing the accused base on the age factor. It is found that in various cases, the juveniles have been released on bail after the approval of their age less than sixteen years. The study finds that the juvenile justice system Act 2018 and juvenile justice system ordinance 2000 are significant to protect the children's rights and prevent them from being addicted and professional criminals due to their physical and psychological protection from the jail environment. It concludes that such acts are necessary to providethe juveniles a platform to prove themselves innocent, indulging the age factor and preventing them from the evil influence of rigid and predetermined punishments of their intentional and unintentional committed crimes. The study suggests that policymakers consider the practical stances of the law implementation in the field before introducing the complete law at ground level. This research will be useful for the lawenforcing agencies, policymakers and academicians to have rich insight into the juvenile justice system Act 2018, Juvenile Justice System Ordinance 2000 and its practicality.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123335532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-31DOI: 10.52279/jlss.04.01.131140
Salah Uddin, Samia Rahman
This article aims at highlighting the role of police and the problems of policing in the third world and the involvement of the United States (US) in assisting police forces in these countries to enhance their professional capacities. The article argues that despite its noble goals the US assistance programmes for foreign police have resulted in nothing but human rights violations and militarization of police in the recipient states. Moreover, the US’ lack of competent human resources for such trainings, the lack of internal and external coordination, and absence of clear objectives result in the failure of such programmes. With a clear history of failure of almost all such initiatives, the insistence of the US to train and equip foreign police do not contribute to the globalisation of police and is nothing but arrogance.
{"title":"The US’ Arrogance in Exporting American Policing Values to Developing Countries","authors":"Salah Uddin, Samia Rahman","doi":"10.52279/jlss.04.01.131140","DOIUrl":"https://doi.org/10.52279/jlss.04.01.131140","url":null,"abstract":"This article aims at highlighting the role of police and the problems of policing in the third world and the involvement of the United States (US) in assisting police forces in these countries to enhance their professional capacities. The article argues that despite its noble goals the US assistance programmes for foreign police have resulted in nothing but human rights violations and militarization of police in the recipient states. Moreover, the US’ lack of competent human resources for such trainings, the lack of internal and external coordination, and absence of clear objectives result in the failure of such programmes. With a clear history of failure of almost all such initiatives, the insistence of the US to train and equip foreign police do not contribute to the globalisation of police and is nothing but arrogance.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125484818","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-31DOI: 10.52279/jlss.04.01.161177
Waqar Ilahi, Prof. Dr. Iram Khalid
Pakistan is a federal republic with three administrative tiers: national, provincial, and local. The local Government system (LGS), the third tier, is viewed as a harbinger of democracy in developing economies including Pakistan. Since coming into power in 2008, democratically elected governments agreed to devolve power from federal level to provincial level, but slow-walked the formation of local governments until 2015—after an order by the Supreme Court of Pakistan was passed to conduct the election. In Punjab, the local government laws were more centrist, and relations between the local and provincial governments were explicitly asymmetrical. Although the LGS dissolved in Punjab in 2019, this article will attempt to explore the causes of the failed devolution of power (2015-2019). By particularly focusing on the "Punjab local Government Act 2013" and “Punjab Local Government Act 2019" and failure of devolution of power, this study will investigate a range of administrative and political issues in local governance in Punjab.
{"title":"Local Government System in Punjab: Clientelism and Failed Devolution of Power (2015-19)","authors":"Waqar Ilahi, Prof. Dr. Iram Khalid","doi":"10.52279/jlss.04.01.161177","DOIUrl":"https://doi.org/10.52279/jlss.04.01.161177","url":null,"abstract":"Pakistan is a federal republic with three administrative tiers: national, provincial, and local. The local Government system (LGS), the third tier, is viewed as a harbinger of democracy in developing economies including Pakistan. Since coming into power in 2008, democratically elected governments agreed to devolve power from federal level to provincial level, but slow-walked the formation of local governments until 2015—after an order by the Supreme Court of Pakistan was passed to conduct the election. In Punjab, the local government laws were more centrist, and relations between the local and provincial governments were explicitly asymmetrical. Although the LGS dissolved in Punjab in 2019, this article will attempt to explore the causes of the failed devolution of power (2015-2019). By particularly focusing on the \"Punjab local Government Act 2013\" and “Punjab Local Government Act 2019\" and failure of devolution of power, this study will investigate a range of administrative and political issues in local governance in Punjab.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116209941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-31DOI: 10.52279/jlss.04.01.5785
Dr. Naveed Chaudhry, M. Tariq
This study aims to identify the growth factors and their impacts on the SMEs owned by women in Pakistan, for this purpose, the interpretive structural modeling (ISM) technique of research was used. It was extensively studied how the identified factors impact the entrepreneurial abilities of women in Pakistan. Synthesis of previous literature was done to find out the factors that highly impact the growth of SMEs owned by women in Pakistan, later, the ISM model was obtained and applied to these factors, to find out the extent and nature of impacts. Not only the considered issue is of great importance, but also the implemented methodology bears great importance in the field of research, as it is being considered by researchers extensively. ISM technique has helped in identifying ranks and importance of the factors that significantly impact the growth of SMEs, studying these rank-wise results, women in Pakistan can minimize the level of issues and obstacles that come along on the way of the business ventures. Moreover, women in Pakistan can benefit from the positive factors to trigger the growth of the SMEs. Many factors were discovered that significantly impact the growth of SMEs owned by women in Pakistan, finding these factors have not only enhanced the literary importance of this study but the practical importance of the study has been enhanced as well. As, the inhibiting factors can be significantly minimized by enhancing the promoting factors.
{"title":"Exploring the Factors Affecting the Growth of Women Owned SMEs in Pakistan","authors":"Dr. Naveed Chaudhry, M. Tariq","doi":"10.52279/jlss.04.01.5785","DOIUrl":"https://doi.org/10.52279/jlss.04.01.5785","url":null,"abstract":"This study aims to identify the growth factors and their impacts on the SMEs owned by women in Pakistan, for this purpose, the interpretive structural modeling (ISM) technique of research was used. It was extensively studied how the identified factors impact the entrepreneurial abilities of women in Pakistan. Synthesis of previous literature was done to find out the factors that highly impact the growth of SMEs owned by women in Pakistan, later, the ISM model was obtained and applied to these factors, to find out the extent and nature of impacts. Not only the considered issue is of great importance, but also the implemented methodology bears great importance in the field of research, as it is being considered by researchers extensively. ISM technique has helped in identifying ranks and importance of the factors that significantly impact the growth of SMEs, studying these rank-wise results, women in Pakistan can minimize the level of issues and obstacles that come along on the way of the business ventures. Moreover, women in Pakistan can benefit from the positive factors to trigger the growth of the SMEs. Many factors were discovered that significantly impact the growth of SMEs owned by women in Pakistan, finding these factors have not only enhanced the literary importance of this study but the practical importance of the study has been enhanced as well. As, the inhibiting factors can be significantly minimized by enhancing the promoting factors.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130255477","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-31DOI: 10.52279/jlss.04.01.149160
Hafiz Abdul Rehman Saleem, Hamid Mukhtar, Muhammad Ahsan Iqbal Hashmi
Life imprisonment without parole and commutation is a new punishment brought in Ninth Amendment in the 1997 Criminal Law. The sentencing criteria of the given punishment present a confusing matrix that cause dogmatic understanding of the application of the punishment. The article explores the analogies to debunk the puzzle of practical application of life imprisonment with parole and commutation in Chinese criminal justice system and critical address the deficiencies it contains to streamline it for better application and to meet the ends of justice.
{"title":"Debunking the Confusing Standards for Application of LWOPC in China","authors":"Hafiz Abdul Rehman Saleem, Hamid Mukhtar, Muhammad Ahsan Iqbal Hashmi","doi":"10.52279/jlss.04.01.149160","DOIUrl":"https://doi.org/10.52279/jlss.04.01.149160","url":null,"abstract":"Life imprisonment without parole and commutation is a new punishment brought in Ninth Amendment in the 1997 Criminal Law. The sentencing criteria of the given punishment present a confusing matrix that cause dogmatic understanding of the application of the punishment. The article explores the analogies to debunk the puzzle of practical application of life imprisonment with parole and commutation in Chinese criminal justice system and critical address the deficiencies it contains to streamline it for better application and to meet the ends of justice.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127543223","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-31DOI: 10.52279/jlss.04.01.191202
Dr Aamir Abbas, Dr Atika Lohani
The modern devices and techniques have underpinned the legal actors to work together with scientific and technological experts as the litigation of criminal activities no more depends on the traditional methods of production and presentation of evidence alone. The relevancy of scientific and technological expert evidence is even more challenging task than it has been ever. The professional career of lawyers and the judges involves as a routine to discuss the scientific and technological expert testimony in their respective roles. This article endorses the importance of scientific expert testimony and lays down the critical analysis of legal regime relating to scientific expert evidence in Pakistan. The discussion into established principles for the admissibility highlights the importance of role of judges in this realm and underscores the need to adopt best practices to evaluate the reliability and validity of scientific expert evidence.
{"title":"Established Principles for (non) Admissibility of Scientific Expert Evidence and their application in Pakistan","authors":"Dr Aamir Abbas, Dr Atika Lohani","doi":"10.52279/jlss.04.01.191202","DOIUrl":"https://doi.org/10.52279/jlss.04.01.191202","url":null,"abstract":"The modern devices and techniques have underpinned the legal actors to work together with scientific and technological experts as the litigation of criminal activities no more depends on the traditional methods of production and presentation of evidence alone. The relevancy of scientific and technological expert evidence is even more challenging task than it has been ever. The professional career of lawyers and the judges involves as a routine to discuss the scientific and technological expert testimony in their respective roles. This article endorses the importance of scientific expert testimony and lays down the critical analysis of legal regime relating to scientific expert evidence in Pakistan. The discussion into established principles for the admissibility highlights the importance of role of judges in this realm and underscores the need to adopt best practices to evaluate the reliability and validity of scientific expert evidence.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133909933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-31DOI: 10.52279/jlss.04.01.113130
Dr. Rafida Nawaz, Syed Hussain Murtaza
After a short span of achieving statehood on basis of religious identity, the Bengali Muslims redefined their identity and once again demanded a separate state on basis of linguistic identity. Hobsbawm believe that identity formation in terms of nationhood is a result of deliberate ideological engineering. Economic factors serve as tangible signposts to cultural subjugation. Though many historians owe the Bengali nationalism and claims of statehood to linguistic and cultural difference that proved detrimental for state and nation making in pre 1971 Pakistan, the prime argument of this paper is that nationalist discourse is a discursive formation and a sort of language game rooted in material socio economic phenomenon of inequality and disparity. The concept of inequality and disparity essentially employ that a binary exists, and a group is feeling excluded, marginalized and at disadvantageous position in respect to some other group. The feeling of victimhood is at base of the nationalist movements and (re)definition of identity. Employing the concept of Subaltern Realism given by Mohammed Ayoob and the toolkit of Foucauldian Discourse Analysis, and taking discourse as a combination of material and discursive formations, influencing human subjectivities and conditions of existence; the paper will examine the material economic conditions of existence in pre 1971 Pakistani federation and discursive responses as claims of self-determination and separatist nationalism. One of the key findings of paper is that ethnic Bengali nationalism was a derivative phenomenon of economic exclusion and uneven development.
{"title":"Ethnic Nationalism or Uneven Development: A Subaltern Realist Analysis of Bengali Nationalism in Pakistan","authors":"Dr. Rafida Nawaz, Syed Hussain Murtaza","doi":"10.52279/jlss.04.01.113130","DOIUrl":"https://doi.org/10.52279/jlss.04.01.113130","url":null,"abstract":"After a short span of achieving statehood on basis of religious identity, the Bengali Muslims redefined their identity and once again demanded a separate state on basis of linguistic identity. Hobsbawm believe that identity formation in terms of nationhood is a result of deliberate ideological engineering. Economic factors serve as tangible signposts to cultural subjugation. Though many historians owe the Bengali nationalism and claims of statehood to linguistic and cultural difference that proved detrimental for state and nation making in pre 1971 Pakistan, the prime argument of this paper is that nationalist discourse is a discursive formation and a sort of language game rooted in material socio economic phenomenon of inequality and disparity. The concept of inequality and disparity essentially employ that a binary exists, and a group is feeling excluded, marginalized and at disadvantageous position in respect to some other group. The feeling of victimhood is at base of the nationalist movements and (re)definition of identity. Employing the concept of Subaltern Realism given by Mohammed Ayoob and the toolkit of Foucauldian Discourse Analysis, and taking discourse as a combination of material and discursive formations, influencing human subjectivities and conditions of existence; the paper will examine the material economic conditions of existence in pre 1971 Pakistani federation and discursive responses as claims of self-determination and separatist nationalism. One of the key findings of paper is that ethnic Bengali nationalism was a derivative phenomenon of economic exclusion and uneven development.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121421669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-30DOI: 10.52279/jlss.03.02.214227
Dr Aamir Abbas, Dr Atika Lohani
The academic approach towards relevancy, reliability, validity and admissibility of scientific expert evidence, is important to the literature on scientific evidence. This article, however, underpins the fact that the reliability test of scientific expert evidence is baseline test and suggests the importance of admissibility test and the assessment of probative value on the objective standards of scientific expert evidence. Nevertheless, the test concerns with features of objective and independent nature of expert evidence. This is real challenge for adversarial systems and depends on how the systems deal with adversarial expert evidence. This article presents an overview of suggested models, established systems in USA, and UK, to secure the objective, impartial, and non-biased expert evidence. In doing so the article highlights the need to introduce code of duties, obligations, and responsibilities of expert witnesses in Pakistan, and the need for capacity building of legal actors in this regard.
{"title":"Features of Objective and Independent Nature of Expert Evidence: Prospective Joint Venture for Scientific and Legal Actors in Pakistan","authors":"Dr Aamir Abbas, Dr Atika Lohani","doi":"10.52279/jlss.03.02.214227","DOIUrl":"https://doi.org/10.52279/jlss.03.02.214227","url":null,"abstract":"The academic approach towards relevancy, reliability, validity and admissibility of scientific expert evidence, is important to the literature on scientific evidence. This article, however, underpins the fact that the reliability test of scientific expert evidence is baseline test and suggests the importance of admissibility test and the assessment of probative value on the objective standards of scientific expert evidence. Nevertheless, the test concerns with features of objective and independent nature of expert evidence. This is real challenge for adversarial systems and depends on how the systems deal with adversarial expert evidence. This article presents an overview of suggested models, established systems in USA, and UK, to secure the objective, impartial, and non-biased expert evidence. In doing so the article highlights the need to introduce code of duties, obligations, and responsibilities of expert witnesses in Pakistan, and the need for capacity building of legal actors in this regard.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126185016","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：