OAR@UM Collection: /library/oar/handle/123456789/62994 Fri, 31 Oct 2025 02:24:48 GMT 2025-10-31T02:24:48Z Id-Dritt : Volume 10 : Autumn 1983 /library/oar/handle/123456789/62964 Title: Id-Dritt : Volume 10 : Autumn 1983 Abstract: 1/Joseph A.Cannataci - Editorial -- 2/ Vincent A. De Gaetano - Calleja vs Balzan : reflections on public order -- 3/ Joseph A. Cannataci - Computer applications and the Maltese legal professions -- 4/ Boris Mannweiler - Bayreuth : development and trends in a new university -- 5/ Paul Cassar - The immature personality and the law -- 6/ Michael J. Mallia - The Development of Worker Participation in Malta -- 7/ Joseph Ellis - The Gh.S.L. and 1983 -- 8/ Working-Paper on Reform in Legal Education -- 9/ Anna Mallia & Ann Bonnici - Seminar on the legal, social and moral implications of divorce -- 10/ Ivan Fenech - Seminar on the Rights of Arrested and Imprisoned Persons Sat, 01 Jan 1983 00:00:00 GMT /library/oar/handle/123456789/62964 1983-01-01T00:00:00Z Editorial [On legal journalism] /library/oar/handle/123456789/62963 Title: Editorial [On legal journalism] Abstract: 'La pubblicazione di periodici locali de trattino esclusivamente del Diritto e dei Tribunali deve dirsi rarissima e di assai breve durata'. When thus assessing a lamentable yet outstanding characteristic of legal publishing in Malta, Sir Arturo Mercieca was, in 1955, directing his attention to the fate of a 'Law Journal' "di cent'anni fa" , the 'Foglio Legale di Malta' of 1846. What is indeed unfortunate however, is that the above observation may be as valid in 1983 as it was thirty odd years ago, for, looking back over the years, a certain pattern is easily discernible in the life cycle of Maltese legal periodicals. Initial enthusiasm would suffice (more often than not thanks to individual initiative) to ensure publication of a number of issues which would then peter out in direct proportion to the waning interest on both the part of the publisher and that of the market. Sat, 01 Jan 1983 00:00:00 GMT /library/oar/handle/123456789/62963 1983-01-01T00:00:00Z Calleja vs Balzan : reflections on public order /library/oar/handle/123456789/62962 Title: Calleja vs Balzan : reflections on public order Authors: De Gaetano, Vincent A. Abstract: Very often the line of demarcation between proper and improper police conduct is a very thin one indeed, requiring legal skill for its appreciation and judicial interpretation and application for the observance of proper conduct. Until recently, for instance, it was considered to be proper police conduct to release a detainee, for the purpose of safeguarding the rule against detention in excess of forty-eight hours, by simply allowing him to step outside his place of detention and re-arresting him after walking a few feet. The Court of Magistrates of Judicial Police has now set a higher and more exacting standard of police conduct by requiring "manifest and effective" release. This paper seeks to highlight one other vast area characterised by considerable uncertainty as to what are the limits of proper police conduct and of police powers, namely that of the maintenance of public order. No attempt will be made to exhaust the subject: that would be presumptuous. The aim is simply to put forward some arguments. The paper is largely based on a lecture delivered at the invitation of the Commissioner of Police to Gazetted Officers of the Malta Police Force on the 8th January 1981. The case Calleja v. Balzan3 has been included in the title of this paper, and will be discussed at some length, for two reasons. In the first place, although issues of public order are not necessarily tied to situations of public meetings, processions, and public demonstrations and manifestations, it is obvious that these situations often present a greater risk of concentrated public disorder. Secondly, the judgements in Calleja v. Balzan, that is the judgement of the court of first instance and that of the Constitutional Court, touch upon a number of legal principles which are of considerable importance in the context of any discussion on public order. Sat, 01 Jan 1983 00:00:00 GMT /library/oar/handle/123456789/62962 1983-01-01T00:00:00Z Computer applications and the Maltese legal professions /library/oar/handle/123456789/62961 Title: Computer applications and the Maltese legal professions Authors: Cannataci, Joseph A. Abstract: Samuel Gardner is not a computer salesman. He is Chief Judge of Detroit's Recorder's Court, the city' s criminal court which handles 12,000 felony cases a year. It is hardly surprising however that he should have been the source of the above comment. Within four feet of his bench, Gardner has, like each of the court's 29 judges, a terminal which gives access to an IBM System 38 Computer. Available at the touch of a button are appointment details for any lawyer or judge which are consulted in order to avoid scheduling conflicts and unnecessary adjournments, as well as information on 72,000 cases heard during the last six years. Not only has the computer helped to dispense with a backlog, which in 1977 stood at 7 ,000 cases, but the docket management system that it provides ensures that half the court's cases are disposed of within 30 days. Defendants charged with a non capital crime can expect a trial in 60 days and those charged with crimes such as murder or rape usually go to trial within 90 days. No wonder that Gardner claims that "It would be impossible to manage the court without it". Docket management is but one facet of the application of computers by legal professions outside Malta. It falls, in fact, within the second of two main categories of application, the local development of which will form a basis for discussion in this paper: Legal ¸£ÀûÔÚÏßÃâ·Ñ Retrieval (LIR) and Administrative/Management Automation (AMA). Before considering the computer's utility in these two fields however, a basic question must be examined: Can a lawyer or law student afford to indulge in computer illiteracy? Sat, 01 Jan 1983 00:00:00 GMT /library/oar/handle/123456789/62961 1983-01-01T00:00:00Z