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351.  DECEMBER 2006 Issue
p.315

Multiculturalism in Law is Legal Pluralism-Lessons from Indonesia, Singapore and Canada
Bell, Gary F  •  [2006] Sing JLS 315 (Dec)
The Indonesian, Singaporean and Canadian States define or describe themselves as multicultural. Since law is part of one's culture, a state's multiculturalism should lead that state to recognise a multiplicity of laws, to recognise one form or another of legal pluralism. Singapore and Indonesia practice legal pluralism by granting state recognition to laws other than state law. Canada however does not really do so. The author questions Canada's commitment to multiculturalism in law.

352.  DECEMBER 2006 Issue
p.331

Conceiving Islamic Law in a Pluralist Society: History, Politics and Multicultural Jurisprudence
Emon, Anver M  •  [2006] Sing JLS 331 (Dec)
The oft-repeated idea of Sharia as a code of law, and thereby rigid and inflexible, reflects a concept of law arguably with a provenance stemming from the 18th and 19th centuries during the period of European colonization in Muslim lands. With the advent of European-style laws, legal institutions, and legal curricula, Shariawas reduced to an abstract body of doctrines disconnected from a historical or institutional context. This concept of Sharia has transformed its significance: no longer a rule of law tradition, it is often used to provide (over)determinate anchors in contests over political identity. As liberal societies grapple to find a place for religious communities such as Muslims, this paper suggests that governments and private parties cooperate to develop a Muslim civil society sector that facilitates debate within the religious community, and between the government and the religious community. Civil society can be used to empower competing voices within the Muslim community, undermine conceptions of religious absolutism, and foster a mutual accommodation between religious commitment and national values.

353.  DECEMBER 2006 Issue
p.356

Discretion and the Culture of Justice
Sossin, Lorne  •  [2006] Sing JLS 356 (Dec)
This paper analyzes the role of multiculturalism in the exercise of administrative discretion. Whether the setting is national security or social welfare eligibility, standards of justice rise or fall on the judgments of individual "front-line" decision-makers. Such decision-makers are the human face of the state. Against this contextual backdrop, this paper addresses a series of critical questions, including: To what extent is the exercise of discretion specifically, and the character of the administrative state more generally, determined by culture and identity? Will decision-makers in a representative public service treat members of their own communities differently than members of other communities? Administrative culture and culture of the society at large are deeply entangled in the exercise of discretion. The reasons for discretionary decisions, in other words, must grapple with and not sidestep the values, beliefs and administrative structures which underlie them. This approach is elaborated in the Canadian context, with particular emphasis on the policy of the federal government to achieve a multicultural public service and the development of impartiality and fairness standards in Canadian administrative law.

354.  DECEMBER 2006 Issue
p.385

Counter-Terrorism Policy and Minority Alienation: Some Lessons from Northern Ireland
Ramraj, Victor V  •  [2006] Sing JLS 385 (Dec)
Questioning the assumption that the United Kingdom's experience in Northern Ireland holds few lessons for contemporary counter-terrorism strategy, this article examines the complex relationship between terrorism, counter-terrorism policy, and minority alienation in the United Kingdom through the lens of the Northern Ireland conflict and the BelfastAgreement. The main argument in this article, and the ultimate lesson that emerges from the Northern Ireland conflict, is that an effective counterterrorism strategy must move beyond short-term, coercive strategies, toward social and political strategies that are designed to address minority alienation and facilitate the project of building a socially cohesive, multicultural society.

355.  DECEMBER 2006 Issue
p.405

National Security, Multiculturalism and Muslim Minorities
Roach, Kent  •  [2006] Sing JLS 405 (Dec)
Using case studies of Muslim minorities in Canada and Singapore, this paper examines the complex relationship between multiculturalism and national security. The first part of the paper examines the different characteristics of Muslim minorities in Canada and Singapore with an emphasis on how Canada's Muslim minority is smaller, more diverse and less well established than Singapore's. The next section examines some of the dangers of hurried or heavy-handed attempts to merge concerns about multiculturalism with security that do not build on pre-existing institutions and inter-group relations. The next part outlines Canada's and Singapore's main responses to 9/11 with special attention to how these responses may affect the Muslim minorities in both countries and the way each society has managed the arrest and detention of suspected terrorists. The next section explores the role of transparent and independent review of national security activities in the maintenance of public confidence in the fairness of the state's security strategies in multicultural societies. The final section critically examines the emerging trend of prosecuting speech associated with terrorism and the consequent blurring of anti-terrorism and anti-hate rationales for the prohibition of extreme political or religious speech. The article concludes with a discussion of how Canada and Singapore will deal with the challenges of crafting national security policies for their multicultural societies in their own distinct manner.
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356.  DECEMBER 2006 Issue
p.439

In the Space Between Words and Meaning: Reflections from Translating Lao Laws to English
Wong, Eleanor  •  [2006] Sing JLS 439 (Dec)
Since early 2005, members of the NUS Legal Skills Team have been engaged in a project jointly sponsored by the UNDP and the Singapore government to translate Lao laws into English. The translations have been adopted by the National Assembly of Laos, published online and made easily available with the aim of facilitating interaction between the international community and Laos. At this time, the team has already worked on more than three quarters of the total number of laws in Laos. This paper discusses the challenges faced by the project team and the insights gained in bridging the differences of language, legal system and culture. The author hopes that the insights will be relevant not just to those engaged in the process of legal translation but to transactional lawyers, law academics and other readers who have had to confront similar challenges in arriving at a true meeting of minds across legal systems and cultures

357.  DECEMBER 2006 Issue
p.459

Defining (or Refining) the Meaning of Dishonesty after Twinsectra
Barkehall Thomas, Susan  •  [2006] Sing JLS 459 (Dec)

358.  DECEMBER 2006 Issue
p.465

Providing Assistance for Financial Assistance
Ewing-Chow, Michael and Tjio, Hans  •  [2006] Sing JLS 465 (Dec)

359.  DECEMBER 2006 Issue
p.479

Nuisance Value-Rylands v. Fletcher Escapes Oblivion in Singapore
Fordham, Margaret  •  [2006] Sing JLS 479 (Dec)

360.  DECEMBER 2006 Issue
p.488

Causation and Account of Profits for Breach of Fiduciary Duty
Lee, Rebecca  •  [2006] Sing JLS 488 (Dec)

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