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1
Stępkowski, Aleksander. „ROZWÓJ INSTYTUCJI TRUSTU W PRAWIE SZKOCKIM“. Zeszyty Prawnicze 4, Nr. 1 (30.05.2017): 91. http://dx.doi.org/10.21697/zp.2004.4.1.06.
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Development of the Law of Trusts in ScotlandSummaryThe earliest indisputable traces of trusts law in Scotland may be found in reports from the first half of the XVH‘h century. There are several examples of even earlier dispositions to which a fiduciary character might be ascribed, coming from the XV,h and XVTh centuries. Nevertheless, we are not able to state categorically that these represent examples of trusts, since there is nothing about priority of beneficiary's rights in respect to trust property, before trustee’s personal creditors, whereas it seems to be today differentiam specificam discerning trust from contractual relations.According to the aforementioned case law, the main subject of trust dispositions was land (immoveable property, called in Scotland “heritable”). The main issue giving rise to legal controversies was the question of the manner in which the existence of a trust in land was allowed to be proved. The rules of evidence adopted by the Court of Session differed substantially from those of Scottish land law which were usually applied when proving titles in land. According to Scottish institutional writers, it seems to be most probable that the reason for such a favourable standing of land being subject to trust was that the Court of Session proceeded on the ground of its’ nobile officium, extraordinary equitable jurisdiction performed by this court, most probably since the very early stages of it’s activity, on the basis of a statutory provision from 1540.During the XVIIth century the first statutory regulations concerning trusts appeared, but more substantial progress in this respect took place in the XIXth century. Most often, it was statutory implementation of earlier common law principles and, in relation to trustees’ competences, of standards relating to the professional drafting of trust deeds. XIXth century legislation was consolidated in 1921 as the Trusts (Scotland) Act 1921 which was subsequently amended in 1961 and, together with the British Trustee Investments Act 1961 (which is still in force in Scotland although will be repealed soon, as it was already done in England in 2001), is partial codification of Scottish trusts law. Nevertheless it should be emphasised that Scottish trust law is still principally based on case law.As regards the influence of English Equity on the development of the Scottish law of trusts, it seems to be negligible in the early stage of the latter’s development. A considerable influence of the Chancery Court’s cases upon Scots law in respect of trusts only began in the fourth decade of the XIXth century, with a book by Charles Forsyth ( The Principles and Practice o f the Law o f Trusts and Trustees in Scotland (1844)), who had used intensively English case law as an illustration, he claimed, of Scottish law principles. Since this publication, nevertheless, English case law, as exposed in English textbooks, though not necessarily in the Chancery Reports, became an important source of inspiration for Scottish lawyers writing books on this subject and, subsequently, it was also used in the Court of Session as an important source of authority. Notwithstanding the above, Scottish judges were always more critical and generally have applied English principles in a less willing manner than has been seen from Scottish advocates and solicitors. Generally speaking, the English influence, although considerable, has not changed the very construction of Scottish trusts law. A beneficiary’s claim in respect of trust property is still considered to be a personal right, as opposed to a sui generis right in real estate.Contemporary Scottish jurisprudence considers trust property as a trustee’s special patrimony, distinct from his general patrimony and, as such, not accessible by his personal creditors. In this way, the Scots have worked out a civil law approach to trust, which was long considered to be hardly possible. This is also a reason why Scottish trusts law, as well as the whole of Scottish law, attracts so much attention from lawyers from Continental Europe.
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Carty, A. „A colloquium on international law textbooks in England, France and Germany: introduction“. European Journal of International Law 11, Nr. 3 (01.03.2000): 615–19. http://dx.doi.org/10.1093/ejil/11.3.615.
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Farlam, Ian. „The old authorities in South African practice“. Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 75, Nr. 4 (2007): 399–408. http://dx.doi.org/10.1163/157181907782912336.
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AbstractThe old authorities have been quoted in, and relied on by, the courts of the Cape and subsequently in the other territories making up the Republic of South Africa from the foundation of the colony by the Dutch East India Company in the middle of the seventeenth century. By the end of the nineteenth century not only were the main authorities extensively quoted in the courts but the doctrines they contained were being incorporated in the textbooks that were being written. And that is still the position. It is not likely that the new generation of judges to be appointed in the next few decades will frequently consult the old authorities for guidance but the civil component of the law, already anchored in the judgments of the courts and the textbooks, will forever be part of the law. When the old authorities are consulted, it is likely that those used will primarily be those available in English translation.
4
Kelly, H. „Marriage in Medieval England: Law, Literature and Practice“. English Historical Review CXXI, Nr. 492 (01.06.2006): 909–11. http://dx.doi.org/10.1093/ehr/cel153.
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Rodríguez-Álvarez, Alicia. „Teaching Punctuation in Early Modern England“. Studia Anglica Posnaniensia 46, Nr. 1 (01.01.2010): 35–49. http://dx.doi.org/10.2478/v10121-009-0027-0.
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Teaching Punctuation in Early Modern England Much has been written on the punctuation practice of late sixteenth- and seventeenth-century English writers in order to work out the ultimate function of marks of punctuation. The main point of discussion has almost ever been whether punctuation indicated syntactic relationships or represented speech pauses either to give emphasis in oral delivery or just to be able to breathe. The focus of this paper, however, is the theory rather than the practice, in particular, the set of rules and conventions used by schoolmasters to guide students in their use of stops. Thus, textbooks used at the time to teach reading and writing will constitute our main sources of information to achieve the following aims: (i) to offer a classification of the different marks of punctuation described, (ii) to establish the functions schoolbooks assigned to punctuation marks in general, and (iii) to assess the importance schoolmasters gave to pointing. The results of this study - which follows the works by Ong (1944) and Salmon (1962, 1988) - will contribute to shed light on the ever-lasting debate on the principles guiding Early Modern English punctuation usage.
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Smith, Richard. „Pauper Policies: Poor Law Practice in England, 1780–1850“. Journal of Interdisciplinary History 49, Nr. 3 (November 2018): 496–98. http://dx.doi.org/10.1162/jinh_r_01314.
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Lloyd, Sarah. „Pauper Policies: Poor Law Practice in England, 1780–1850“. Cultural and Social History 15, Nr. 3 (07.05.2018): 454–55. http://dx.doi.org/10.1080/14780038.2018.1470113.
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Trupčević, Goran, und Anđa Valent. „The Teaching of Initial Multiplication Concepts and Skills in Croatian Textbooks“. Center for Educational Policy Studies Journal 12, Nr. 2 (23.06.2022): 119–41. http://dx.doi.org/10.26529/cepsj.1303.
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The goal of this paper is to describe the teaching of initial multiplication concepts and skills, up to the multiplication table, in the Croatian educational system. As Stiegler and Hiebert (1999) concluded, teaching is a complex system rooted in a cultural script of a given society. To describe it without ignoring certain features of it that appear to be self-evident to an insider, it is necessary to step out of this cultural frame. For that reason, we study the teaching of initial multiplication in Croatia by comparing Croatian mathematical textbooks with textbooks from Singapore, Japan, and England. For the textbook analysis, we adapt the framework of Charalambous, Delaney, Hsu, and Mesa that examines a textbook as an environment for the construction of knowledge of a single mathematical concept. The analysis provides evidence that practice and automation are at the centre of the initial learning of multiplication in Croatia. The meaning of multiplication usually is not clear, and pupils are not provided additional tools for developing understanding, nor they are encouraged to use different calculation strategies in a flexible manner. The study also indicates that Croatian textbooks present mathematics as a practice that is closed and pre-given, restricted to the one and the only right way through it.
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Guilfoyle, Mike. „Book review: Exploring Sentencing Practice in England and Wales“. Probation Journal 64, Nr. 1 (März 2017): 69–70. http://dx.doi.org/10.1177/0264550517695164a.
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Welstead, Mary. „DIVORCE IN ENGLAND AND WALES: TIME FOR REFORM“. Denning Law Journal 24, Nr. 1 (27.11.2012): 21–37. http://dx.doi.org/10.5750/dlj.v24i1.390.
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The clamour of voices crying out for reform of the law relating to financial provision on divorce is regularly heard. The judiciary, the academic community, lawyers and prospective divorcees have all expressed concern about the problematic nature of the current law and the urgent need for change.1 Yet these same voices rarely draw attention to the major defects inherent in divorce law itself. The battle for divorce reform which dominated the family law debate during the latter part of the 20th century appears to have been abandoned, along with the decision in 2001 by Lord Irvine of Lairg, the then Lord Chancellor, not to bring into force the major reforms to divorce law contained in Part II of the Family Law Act 1996 (see below). There is now an uneasy and, for the most part, a silent acceptance that the majority of spouses who want to bring their relationship to a legal end will find a way of doing so. The fact that they might have to resort to a massaging of the law, which may at times border on outright dishonesty, to secure their freedom and the right to embark on a new legal relationship, is largely ignored. Indeed in many family law textbooks and family law courses, the topic of divorce is barely discussed. It is viewed as an administrative process with little legal content to it. The few cases which do come before the courts are given similar scant treatment, even when they draw attention to the fundamental problems in the current law, a law which is both outdated and confusing.
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Gartland, Dorothea. „Relocation Disputes: Law and Practice in England and New Zealand“. Journal of Social Welfare and Family Law 36, Nr. 3 (03.07.2014): 349–50. http://dx.doi.org/10.1080/09649069.2014.933596.
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Helmholz, R. H. „Children’s Rights and the Canon Law: Law and Practice in Later Medieval England“. Jurist: Studies in Church Law and Ministry 67, Nr. 1 (2007): 39–57. http://dx.doi.org/10.1353/jur.2007.0047.
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Alldridge, Peter. „What's wrong with the traditional Criminal Law course?“ Legal Studies 10, Nr. 1 (März 1990): 38–62. http://dx.doi.org/10.1111/j.1748-121x.1990.tb00028.x.
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I am going to attack a particular type of undergraduate Criminal Law course. I do not have in mind any particular course currently taught. I do not assume that it is the textbooks which provide the model from which courses proceed. The sort ofcourse upon which I want to make an attack has many features, amongst which the following are to be found:(i) It is a ‘blackletter law’ subject. The course concentrates upon statutes and reported cases. Social scientists’ work is not used, nor is it relevant to the issues considered. This tends to encourage the view that the All England Reports are a mirror of life. The standard exam question is of the ‘problem’ type, in which the student is called upon to isolate the legal issues arising out of a set of hypothetical facts.
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Fielding, Stephen. „Mediation in the Church of England: Theology and Practice“. Ecclesiastical Law Journal 13, Nr. 1 (13.12.2010): 65–69. http://dx.doi.org/10.1017/s0956618x10000815.
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This paper1 addresses the practical aspects of mediation. Experienced mediators will know what mediations look like and feel like and need no reminding how effective mediation has become as a means of resolving disputes. My own practice as a mediator – which tends to focus on inheritance and probate disputes, where the emotional element is often highly toxic – has some parallels with the mediation of Church disputes where an understanding of and sensitivity to theology is crucial.
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Robinson, Gwen, Camilla Priede, Stephen Farrall, Joanna Shapland und Fergus McNeill. „Understanding ‘quality’ in probation practice: Frontline perspectives in England & Wales“. Criminology & Criminal Justice 14, Nr. 2 (20.05.2013): 123–42. http://dx.doi.org/10.1177/1748895813483763.
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EVANS, ROGER, und CHRISTINE WILKINSON. „Variations in Police Cautioning Policy and Practice in England and Wales“. Howard Journal of Criminal Justice 29, Nr. 3 (August 1990): 155–76. http://dx.doi.org/10.1111/j.1468-2311.1990.tb00678.x.
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Baker, John. „Law Reporting in England 1550–1650“. International Journal of Legal Information 45, Nr. 3 (November 2017): 209–18. http://dx.doi.org/10.1017/jli.2017.50.
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AbstractEnglish law reports between 1550 and 1650 seem far more accessible today than the “year books” that preceded them. This is not because they were produced differently, for a different readership or by a different kind of reporter, but because the legal system itself had changed. We also encounter in the Tudor period the first reports written by eminent lawyers, two of whom (Plowden and Coke) saw a selection of them through the press in their lifetimes. Recent editorial work on the better reports has revealed something of the way they were compiled, and also of what was omitted when contemporary notes were turned into printed volumes.Coke's reports are the most famous, traditionally cited simply as The Reports. Work has just begun on an edition of the underlying notebooks (first discovered just forty years ago), which will probably require at least six volumes. Coke's reporting style was controversial, and his alleged subjectivity was seized upon by Francis Bacon as one of the grounds for bringing him down in 1616. However, Bacon's scheme of 1617 to engage professional reporters, paid by the crown, seems to have collapsed after a few years. Law reporting was thus to remain a matter of private initiative until the end of the eighteenth century, and many of the best reports – even those written by judges – have still not been published. Anyone seeking to trace the evolution of a legal doctrine or practice before about 1700 must regard manuscript reports as an essential recourse.
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Tavormina, M. Teresa. „Marriage in Medieval England: Law, Literature, and Practice by Conor McCarthy“. Studies in the Age of Chaucer 28, Nr. 1 (2006): 303–6. http://dx.doi.org/10.1353/sac.2006.0037.
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Gorbunov, A. A. „THE IDEA/EXPRESSION DICHOTOMY IN THE LAW ENFORCEMENT PRACTICE OF THE COURTS OF THE UNITED STATES AND ENGLAND IN THE PERIOD FROM THE 19th TO THE MID-20th CENTURY“. Ex jure, Nr. 3 (2018): 46–60. http://dx.doi.org/10.17072/2619-0648-2018-3-46-60.
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in the research the author observes the dichotomy development of the ideas and expressions that were formed during legal precedents in courts of England and the USA. It is established that the judicial procedures in the Anglo-Saxon legal system are based upon the law-regulating approach towards the concepts of the Fichte system. Based on the analysis of the law enforcement practice of the courts of the United States and England in the period from the 19th to the mid-20th century, it is noted that originally ideas and expressions were not delimited to just court cases but were indeed perceived as a single object of copyright monopoly. In the judicial practice, the use of this principle has faced difficulties in distinguishing between protected and unprotected elements. In the middle of XX century the idea/ expression dichotomy in its final law form was formed in judicial practice. The article concludes that Fichte theory was changed and accepted in the law enforcement practice of the USA and England.
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Mykolenko, O. I. „REVIEW OF THE TEXTBOOK M. I. SMOKOVYCH, V. M. BEVZENKO «ADMINISTRATIVE PROCESS OF UKRAINE: THEORY, PRACTICE»“. Constitutional State, Nr. 41 (17.03.2021): 145–48. http://dx.doi.org/10.18524/2411-2054.2021.41.225620.
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Administrative process is a legal phenomenon that causes discussion and controversy among representatives of administrative law and the process both in terms of determining its content, form and functional purpose in the system of legal proceedings, and in terms of subjects, principles and substantive jurisdiction. Thus, the ideas of Ukrainian scholars about the administrative process are not always related exclusively to the understanding and legal regulation of administrative proceedings, and therefore textbooks and manuals on the disciplines "Administrative Procedure" and "Administrative Procedural Law" differ significantly in content.
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Phillips, Jake. „Probation practice in the information age“. Probation Journal 64, Nr. 3 (01.06.2017): 209–25. http://dx.doi.org/10.1177/0264550517711279.
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This article analyses the implications of the greater use of technology and information in probation practice. Using data generated via an ethnography of probation, the article firstly argues that probation in England and Wales now exists in what scholars would identify as ‘the information age’ (i.e. that computers and other technologies work to define and create probation practice as we know it). The article goes on to use actor-network theory to analyse two ‘heterogeneous networks’ to explore the way in which probation practitioners and the technologies they use interact to create particular forms of practice. The article argues that unless we understand the technology that underpins practice we cannot fully understand practice. Finally, the article considers the implications of this analysis for probation post-Transforming Rehabilitation (TR).
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Padfield, Nicola. „The European Arrest Warrant: Between Trust, Democracy and the Rule of Law: The Implementation of the European Arrest Warrant in England and Wales“. European Constitutional Law Review 3, Nr. 2 (Juni 2007): 253–68. http://dx.doi.org/10.1017/s1574019607002532.
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Review of the implementation of the European Arrest Warrant in England and Wales – Introduction to the Extradition Act 2003 – The European Arrest Warrant in practice – Assessing the Extradition Act 2003.
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Davison, A. M., J. H. McFarlane und J. C. Clark. „Differences in Forensic Pathology Practice between Scotland and England“. Medicine, Science and the Law 38, Nr. 4 (Oktober 1998): 283–88. http://dx.doi.org/10.1177/002580249803800403.
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Scotland and England are part of the United Kingdom but have separate legal systems. These legal differences have a substantial effect on forensic pathology practice, and are probably best appreciated by those pathologists who have worked on both sides of the border. This paper seeks to highlight the differences in forensic pathology practice between Scotland and England, discussing the investigation of death in both countries. It concludes that a knowledge of the Scottish procurator fiscal system of death investigation may be beneficial to those contemplating changes to the coroner system. All three authors have practised forensic pathology in Scotland and England or Wales.
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Anichini, Alessandra, Laura Parigi und Stefania Chipa. „Between tradition and innovation: the use of textbooks and didactic digital contents in classrooms / Entre la tradición y la innovación: el uso de libros de texto y contenidos didácticos digitales en las aulas“. Revista Latinoamericana de Tecnología Educativa - RELATEC 16, Nr. 2 (17.12.2017): 97–110. http://dx.doi.org/10.17398/1695-288x.16.2.97.
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Since 2013, the Italian Minister of Education promoted the use of digital or mixed paper-digital texts in the classroom by means of legislative act (Lex 128/2013). Since then, adoption of the textbook is not mandatory in our country: Italian schools, according to their autonomy, can choose to adopt teaching materials from publishers, Open Educational Resources, or auto-produced texts. The law legitimates the experience of some Italian schools that are innovating the use of textbooks and are involved in a process of auto-production of content (textbooks or DDC, Didactic Digital Content). The article attempts to describe the work of these schools within a network of practice named «Avanguardie Educative». It intends to analyse teachers beliefs and attitudes upon «studying», «textbooks» and «digital texts», to capture innovative aspects, but also to look at difficulties and obstacles along the path of innovation, not always so clear and well defined.
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Liu, Wenxi, Emily Steiner und Candace Barrinton. „The Letter of Law: Legal Practice and Literary Production in Medieval England“. Sixteenth Century Journal 34, Nr. 2 (01.07.2003): 510. http://dx.doi.org/10.2307/20061449.
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Bullock, Karen, Aiden Sidebottom, Rachel Armitage, Matthew P. J. Ashby, Caitlin Clemmow, Stuart Kirby, Gloria Laycock und Nick Tilley. „Forty years of problem-oriented policing: A review of progress in England and Wales“. Policing: A Journal of Policy and Practice 15, Nr. 4 (01.12.2021): 2001–14. http://dx.doi.org/10.1093/police/paab067.
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Abstract This article analyses and critically reflects on the position of problem-oriented policing within England and Wales. Problem-oriented policing is a framework for improving police effectiveness. Its adoption has consistently been shown to be associated with sizable reductions in a wide range of crimes and public safety issues. However, many studies also find that problem-oriented policing is difficult to embed and sustain within police organisations. This article draws on the experiences and perspectives of 86 informed stakeholders to critically examine the position and practice of problem-oriented policing 40 years after its original formulation by Herman Goldstein in 1979. We argue that despite evidence of renewed interest in problem-oriented policing, the approach is not habitually conducted within police organisations in England and Wales. Where it is conducted, the practice of problem-oriented policing is found to lack discipline, the processes tend not to be faithfully followed, and there are weaknesses at all stages of the process. Implications of the findings for future research and police practice are discussed.
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Lazovic, Vujica, Biljana Rondovic, Danijela Lazovic und Tamara Djurickovic. „Is Economic Theory, Presented in Basic Academic Textbooks, Applicable to the Digital Economy?“ Sustainability 13, Nr. 22 (17.11.2021): 12705. http://dx.doi.org/10.3390/su132212705.
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With the aim of improving modern methods for educating economists, the authors in this paper impose the following topics: What do we want to teach students, and do we teach them the right things? How transformative are our fundamental textbook bases to offer the new knowledge that the digital economy imposes? Bearing in mind previous questions, the aim of this paper is to highlight the gap that exists between economic theory and economic practice in terms of insufficient theoretical scope of the digital economy (DE) and its study, and DE’s increasing participation in global practice as an economy based on innovation and new technologies. In the analysis, the authors concentrate on two levels: (1) they analyse the specifics of DE and in that context, they evaluate the applicability of traditional economic theory; (2) they review the representation of DE in university textbooks. Based on the results, the authors conclude that DE possesses specific attributes, and it is necessary to include these as mandatory lessons in university textbooks on the level of basic studies. They suggest some areas for which economic theory should be better explained and supplemented in future research (proposing appropriate guidelines for future efforts in theoretical work). Moreover, through a systematic literature review, the authors approach 90 basic university textbooks in economics and by analysing their content, they prove that DE is not sufficiently represented in them. The results of the paper suggest that economics textbooks, and thus the curricula of basic studies, should be supplemented with chapters on the digital economy, which will affect the modernization and adequacy of theory with practice.
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Miller, Edward. „Self-Defence, International Law, and the Six Day War“. Israel Law Review 20, Nr. 1 (1985): 49–73. http://dx.doi.org/10.1017/s0021223700008608.
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“As long as war is regarded as wicked,it will always have its fascination.”Oscar WildeAccording to the textbooks, the unfettered right of a state to go to war was, until modern times, regarded as one of the essential trappings of statehood, an indispensable aspect of sovereignty. Such a broad assertion does however require qualification, as ever since the time of Saint Augustine, scholars have attempted to set limits to the extent of the state's discretion to go to war. The task has not been an easy one, and it may indeed aptly be remarked that “Warfare has been as difficult to justify satisfactorily in theory as it has been endemic in practice”.
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Harahap, Odi Alfazein, Elissa Virginia und Muhammad Zhahab Limoya. „Comparison of Constitutional Theory and Practice between Indonesia, England and the United States“. QISTINA: Jurnal Multidisiplin Indonesia 3, Nr. 1 (01.06.2024): 607–15. http://dx.doi.org/10.57235/qistina.v3i1.2351.
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Constitutional law has such a long history and has experienced many fundamental dynamics of change in the field of state administration. It is unavoidable, with the many changes that have occurred, it will certainly have an impact on the system and development of the Indonesian state administration which has undergone very substantive changes. With the amendment to the 1945 Constitution, of course it has an impact on Indonesian constitutional law, because state administration is a branch of legal science which has the main source of law, namely the Constitution. This paper discusses two things, namely: First, how is the development of the theory and practice of constitutional law in Indonesia. Second, how is the development of the theory and practice of constitutional law in England and the United States. The result of this discussion is that the Amendments to the 1945 Constitution have fundamentally changed the Indonesian constitutional system. Various fundamental weaknesses possessed by the 1945 Constitution have been perfected through four amendments. At the implementation level, the expected changes are still far from expectations. The administration of the state and government which aims to achieve a just and prosperous society is constrained by various factors. Bagir Manan believes that all the anomalies in state administration during the Reformation period were caused by four main things: It was not in line with the basic conception of the 1945 Constitution, Weaknesses stemmed from laws, especially organic laws, Social behavior, Political behavior. There are differences between the theory and practice of constitutional law in each country such as one of them. In modern times, the concept of rule of law in Continental Europe was developed by Immanuel Kant, Paul Laband, Julius Stahl, Fichte, and others using German terms, namely "rechtsstaat". Meanwhile, in the Anglo-American tradition, the concept of a rule of law was developed by A.V. Dicey as 'The Rule of Law". According to Julius Stahl, the concept of a rule of law state which he calls the term 'rechtsstaat' includes four important elements, namely: (a) protection of human rights, (b) division of powers, (c) government based on laws, (d) administrative justice state business.
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Reynolds, Susan. „The Emergence of Professional Law in the Long Twelfth Century“. Law and History Review 21, Nr. 2 (2003): 347–66. http://dx.doi.org/10.2307/3595095.
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The object of this article is to draw attention to an area of European legal history that I think deserves more investigation. It is the change in legal practice caused by the transition from the diffused, undifferentiated, customary law of the earlier middle ages to the various forms of expert, esoteric, professional law that dominated the higher courts of the later middle ages. The suggestion that this has not been much studied may seem odd but, though much has been written on the new study of Roman law, those who work on it have tended to concentrate on the intellectual achievements of the glossators and post-glossators, rather than on practice. Practice in canon law has received more attention, notably from legal historians trained in the Anglo-American tradition, but this has not focused closely on twelfth-century origins. The beginnings of English common law have also been much studied and, since it started off as largely a matter of procedures, that has indeed meant looking at practice. The traditional teleology of legal history has, however, prevented much cross-fertilization with the history of other legal systems. One example of the consequent detachment of English legal history is the assumption of some English legal historians that Roman law procedures were followed in what they often characterize simply as “the Continent” more generally and earlier than seems to have been the case in most areas north of the Alps. Both in England and elsewhere many legal historians concentrate on the period from the thirteenth century on, when sources become more plentiful. Meanwhile, social historians of early medieval western Europe, including England, have argued—to my mind successfully, though I am hardly unprejudiced—that early medieval law was not just a weak, ritualized, and irrational response to feuds and violence, but their investigations tend to stop before the professionals took over. The result is that, apart from recent pioneering work on twelfth-century Tuscany by Chris Wickham, the transition in court practice outside England has been neglected.
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Holt, Kim, und Nancy Kelly. „‘Children not trophies’: An ethnographic study of private family law practice in England“. Qualitative Social Work 19, Nr. 5-6 (22.01.2020): 1183–99. http://dx.doi.org/10.1177/1473325019900956.
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The welfare of the child in the context of private family law proceedings is of significant international interest. This paper presents findings from an ethnographic study of private law proceedings in England, which explored legal professionals’ experiences of and practice within space and place. Data are derived from interviews with professionals, and observations from the waiting areas, canteens, interview rooms and offices of lawyers who represent parents in private family law proceedings. The paper focuses on winners and losers in the area of private family law, and the ‘trophy’, the child, who appears to be lost in the battleground of legal proceedings, but remains the ultimate prize. The concept of space is explored before moving to reflect upon the data from the interviews. The themes that emerge from the data are the relationships between the public space of the court and the vulnerability of the parties as they attempt with greater or less ease, to navigate the complexities of this formal and procedurally driven space. This paper explores the idea of the child as the ultimate ‘trophy’ within private law proceedings to consider its significance for family justice practice in England, and to elicit a greater understanding of the importance of space and place in private law proceedings that have remained largely unexplored.
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Allen, Tony. „The Place of Mediation in England & Wales in 2014“. European Business Law Review 25, Issue 4 (01.08.2014): 517–26. http://dx.doi.org/10.54648/eulr2014022.
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With both the increasing significance of mediation in civil justice systems and the continuing need to articulate and validate a process conducted confidentially, this article summarises how a typical commercial mediation is conducted, and what has made mediation attractive for resolving commercial disputes; it reviews official support for its development, discussing the degree to which use of mediation can be encouraged by judicial order and use of costs sanctions; it also examines the impact of the EU Mediation Directive on English civil practice, distinguishes mediation from arbitration, and speculates about future developments.
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Sharma, Ajay. „Euler is an innovator of F =ma, Newton’s second law gives F = KdV; F =ma may be obtained from Newton’s law by logically modifying it“. E3S Web of Conferences 540 (2024): 14005. http://dx.doi.org/10.1051/e3sconf/202454014005.
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There are two distinct forms of Newton’s second law of motion (1686) i.e. original or Principia’s form of (change in motion is proportional to impressed force, F = KdV) and textbook form (rate of change of momentum is proportional to impressed force, F =ma). Newton neither gave acceleration nor F =ma, it is mentioned by IOP England, publications of the American Institute of Physics, etc. Truesdell has inconsistently pointed out in 1960 that Euler had given F =ma in 1752, but the truth is that Euler had given F=2ma in the said paper. Euler had also given various equations such as F =ma/n, F =2ma, F =ma/2g, F =ma etc.; but these are ignored by Truesdell. The exceptionally useful equation F =ma was given by Euler in 1775, and then succeeding scientists inconsistently tried to show that F =ma follows from the original form of the law. Consequently, some arbitrary assumptions are made, original form, F =KdV; and the fact that Euler gave F =ma are not mentioned in the standard textbooks. For comparison, Newton’s first law and third law (Reaction =-Action) are the same in the Principia and textbooks. In the existing literature, F =ma is obtained from Principia’s definition of NSLM, by replacing ‘change in motion’ equal to ‘rate of change of momentum’, but motion is not ascribed to any units and dimensions. If the original definition of Newton’s law is changed in a postulatory way i.e. ‘change in motion’ is replaced by ‘rate of change in momentum’ and ‘proportionality’ by ‘equality’; then F=ma is obtained from a modified equation without any arbitrary assumption. In 1893, Rouse Ball randomly altered Newton’s second law as a change in momentum [per unit time] is always proportional to the impressed force.
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Tomashevski, Kirill L. „Labor Law of the Republic of Kazakhstan: in 3 vols. Vol. 1. General part: textbook“. Gosudarstvo i pravo, Nr. 9 (2023): 208. http://dx.doi.org/10.31857/s102694520026737-1.
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The review presents an analysis of volume 1 of the three-volume textbook of the Kazakh researcher M.H. Khassenov “Labor law of the Republic of Kazakhstan”. This educational publication is innovative, deviates from the generally accepted canons of classical textbooks in that it contains very extensive additional information on dissertations on the General part of Labor Law defended in the Republic of Kazakhstan and in the Russian Federation, as well as examples from the judicial practice of the Republic of Kazakhstan on labor disputes, statistical and reference materials. The opinions of legal scholars from both Western Europe and the EAEU states are presented, attention is drawn to the existing problems in the labor legislation of the Republic of Kazakhstan.
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McGowen, Randall. „Forgery and the Twelve Judges in Eighteenth-Century England“. Law and History Review 29, Nr. 1 (Februar 2011): 221–57. http://dx.doi.org/10.1017/s0738248010001264.
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In his thoughtful and informative article on the twelve judges and judicial review, James Oldham illuminates an important if little-studied corner of eighteenth and nineteenth-century judicial practice. For centuries judges in criminal (and civil) cases had reserved questions that presented peculiar difficulties related to procedure or the interpretation of statute to the consideration of their colleagues. We seldom glimpse much of the substance or form of these deliberations. They were private and informal discussions, although by the eighteenth century the participants in these meetings observed well-understood conventions. Oldham outlines what these rules and practices involved. Decisions, for instance, did not have to be unanimous. The majority opinion took on the force of precedent, even though the deliberations often survived only in unpublished notes or the memories of the judges. Oldham gives a strong reading to this practice. Judges not only determined which cases would be referred to their colleagues, they exercised considerable discretion in ruling on the objections that had been raised. He views this process as offering another example of the power of the judges to shape the character of legal proceedings in early modern England. They were not only correcting procedural mistakes that arose during a trial; they were actively interpreting statute. In doing so, they demonstrated their decisive role in controlling the operation of criminal justice over the long eighteenth century.
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Crosby, Kevin. „Restricting the Juror Franchise in 1920s England and Wales“. Law and History Review 37, Nr. 1 (Februar 2019): 163–207. http://dx.doi.org/10.1017/s0738248018000639.
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This article argues that the juror franchise became more restrictive in the years immediately after the Sex Disqualification (Removal) Act 1919 had broadened the jury franchise so as to include some women. It argues that the subsequent restrictions on the jury franchise have not standardly been discussed in the literature on the twentieth century jury because of the lengths taken at the time to present these reforms as merely technical in nature. Only six months after the 1919 Act was passed, a dispute broke out at the Western assize circuit regarding the practice–apparently sanctioned in the Juries Act 1825–of towns which “possessed” their own assizes summoning jurors according to custom, rather than statute. In practice, this meant that the ten “assize boroughs” had not always observed the property qualifications when summoning their jurors. The judiciary eventually prevailed over the Home Office and a series of local officials, ending the assize boroughs' ability to ignore the property qualifications (which kept a disproportionate number of women off the jury). This reform brought its own problems, however, and brought into focus the expense involved in following the burdensome rules for identifying jurors as set out in the 1825 Act. The solution–basing juror qualification on electoral registration–excluded from jury service conscientious objectors, foreigners, and women who satisfied the property qualification rules but lived elsewhere with a male relative.
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Ellison, Louise. „Witness preparation and the prosecution of rape“. Legal Studies 27, Nr. 2 (Juni 2007): 171–87. http://dx.doi.org/10.1111/j.1748-121x.2007.00051.x.
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In England and Wales, rape complainants currently receive little by way of pre-trial support and preparation. This stands in sharp contrast to prosecutorial practice in the USA where prosecutors meet with complainants prior to trial with the specific aim of preparing them for the unfamiliar process of testifying in criminal proceedings. This paper considers the case for adopting similar arrangements in rape cases in England and Wales. This is assessed primarily from an evidentiary perspective although due consideration is also given to the need to protect vulnerable complainants from the risk of secondary victimisation within the criminal trial process.
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Kawashima, Chie. „Learners’ Opportunities to Practice Speech Acts in English Language Teaching Textbooks“. JALT Postconference Publication - Issue 2021.1; August 2022 2021, Nr. 1 (01.08.2022): 16. http://dx.doi.org/10.37546/jaltpcp2021-03.
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This study investigates learners’ opportunities to practise pragmatic knowledge in English language teaching (ELT) textbooks. Specifically, it focuses on the frequently recurring speech acts of giving advice, giving offers, inviting, and requesting. In order to determine how these speech acts are treated in textbook tasks, five beginner level international and seven Japanese high school ELT textbooks were examined. The study revealed that international textbooks used these speech acts to practise everyday interactions. Conversely, Japanese high school textbooks used speech acts to introduce grammar information, and, occasionally, to practise mitigation or softening. Both types of textbooks shared weaknesses, such as a narrow range of language use situations and limited pragmatic choice for learners. In the end, findings from the study suggest the necessity of teacher efforts to modify internal characteristics of materials to adapt tasks to pragmatic instruction. 本研究では、英語教材に頻出される発話行為のうち、「助言」、「申し出」、「招待」および「依頼」に焦点をあわせ、言語使用の訓練ができる機会についての調査を行った。調査対象として、初級レベルの洋書教材と日本国内の高等学校1年生用の英語教科書を比較した。その結果、洋書教材においては、これらの発話行為は日常会話の練習に使用されており、高等学校教科書では文法事項の紹介の手段として用いられていることが判明した。また両タイプの教材には、学習者の言語使用ならびに語用論的選択の範囲が限られているという問題点も発見された。したがって適切な言語使用という観点から、指導者の努力により教材の内的部分を語用論的指導に適応できるように変えていく必要性が求められる。
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Giliker, Paula. „ANALYSING INSTITUTIONAL LIABILITY FOR CHILD SEXUAL ABUSE IN ENGLAND AND WALES AND AUSTRALIA: VICARIOUS LIABILITY, NON-DELEGABLE DUTIES AND STATUTORY INTERVENTION“. Cambridge Law Journal 77, Nr. 3 (24.09.2018): 506–35. http://dx.doi.org/10.1017/s0008197318000685.
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AbstractThis paper will argue that, in the light of recent case law in the UK and Australia, a new approach is needed when dealing with claims for vicarious liability and non-delegable duties in the law of tort. It will submit that lessons can be learnt from a comparative study of these jurisdictions, notably by reflecting on the courts’ treatment of claims of institutional liability for child sexual abuse. In parallel to decisions of their highest courts, public enquiries in Australia and England and Wales, established to report on historic child sexual abuse and how to engage in best practice, are now reporting their findings which include proposals for victim reparation: see Royal Commission into Institutional Responses to Child Sexual Abuse (Australia, 2017) including its Redress and Civil Litigation Report (2015); Independent Inquiry into Child Sexual Abuse (Interim report, England and Wales, 2018). The Australian reports suggest reforms not only to state practice, but also to private law. This article will critically examine the operation of vicarious liability and non-delegable duties in England and Wales and Australia and proposals for statutory intervention. It will submit that a more cautious incremental approach is needed to control the ever-expanding doctrine of vicarious liability in UK law and to develop more fully its more restrictive Australian counterpart.
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Nigrini, Mark J. „The Implications of the Similarity between Fraud Numbers and the Numbers in Financial Accounting Textbooks and Test Banks“. Journal of Forensic Accounting Research 1, Nr. 1 (01.12.2016): A1—A26. http://dx.doi.org/10.2308/jfar-51465.
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ABSTRACT Accounting students learn financial accounting through examples. The examples in accounting textbooks, and the exam questions in the test banks, use round numbers excessively. After graduation, these individuals could be asked to audit client journal entries and to scan transactions to identify unusual items. They will be expected to realize that, in this context, those familiar round numbers are now red flags for fraud. This study reviews the auditing standards and the authoritative practice aids that state that inappropriate journal entries have characteristics that include round numbers and consistent ending digits. Four fraud schemes in which the investigation of the round numbers would have uncovered the frauds are then described. The realism of the numbers in accounting textbooks and test banks is then evaluated using Benford's Law, their round number frequencies, and their number duplications. This analysis finds that the first digits of the textbook numbers conform to Benford's Law, but the second digits do not. It also finds that textbooks frequently use numbers that are both large and round. The concluding discussion explains why round numbers might be used so often in accounting textbooks and includes recommendations aimed at remedying the round-number conundrum. Data Availability: The datasets were created by manually entering the textbook and test bank numbers into several spreadsheets. Each record in the final database includes the dollar amount, the chapter number, the page number, and a chapter-body or end-of-chapter-material indicator. The author will consider requests to share the data.
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Jenks, Susanne. „The Letter of the Law. Legal Practice and Literary Production in Medieval England“. Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung 122, Nr. 1 (01.08.2005): 505–6. http://dx.doi.org/10.7767/zrgga.2005.122.1.505.
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Sarkar, Jaydip. „To be or not to be: legal and ethical considerations in suicide prevention“. Advances in Psychiatric Treatment 19, Nr. 4 (Juli 2013): 295–301. http://dx.doi.org/10.1192/apt.bp.112.010595.
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SummaryMaking potentially critical clinical decisions in complex cases with the real risk of death by suicide is a most challenging job in psychiatry. Sadly, risk assessment and management of harm to self is a largely ignored area compared with risk of harm to others. The legal and ethical challenges are more nuanced, and contemporary training schemes and textbooks on psychiatry have not always done justice to this area, where front-line clinicians require probably most assistance. This article is an attempt to integrate the seemingly disparate threads from legal, ethical and clinical realms to assist decision-making, and it introduces a set of principles for managing these in clinical practice. It refers in particular to legislation in England and Wales, but the clinical and ethical issues discussed are universal.
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Sergi, Anna. „Organised crime in English criminal law“. Journal of Money Laundering Control 18, Nr. 2 (05.05.2015): 182–201. http://dx.doi.org/10.1108/jmlc-10-2014-0038.
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Purpose – The purpose of this paper is to consider the rationale behind the approaches to organised crime in criminal law to understand the basis of the law on conspiracy in England and Wales and why this country has refused to amend conspiracy in favour of a membership offence or a criminal enterprise model, similar to the USA’s offences. Design/methodology/approach – The analysis is based on a legal comparison between the law of conspiracy in England and Wales and the USA’s Racketeer Influenced and Corrupt Organizations Act (RICO) statute, as example of best practice targeting criminal enterprises. The legal comparison is also substantiated by case law examples and interviewees with prosecutors and lawyers collected both in London and in New York City. Findings – After briefly describing how the two systems (English and American) are intended to work, the paper will develop a discussion on the difficulties and advantages of introducing a RICO-style legislation in England and Wales and shall conclude that it is the way organised crime is socially perceived in the English/British scenario that justifies the choice to remain on the level of conspiracy and not move towards membership/enterprise offences. Research limitations/implications – This study shall be primarily intended as an opportunity to assess the criminal law tools in the fight against organised crime available in England and Wales. The comparative side of this research, the RICO statute, would require more attention which this paper cannot give for reasons of brevity. Therefore, the study is a preliminary study in comparative criminal law. Originality/value – The central idea of this work is to suggest that differences in criminal law are based on different perceptions of the wrongfulness of the offending. For the law to change in favour of a criminal enterprise offence in England and Wales, there is a need to reshape the wrongfulness of organised crime. A study into the wrongfulness of organised crime as a criminal offence, with a comparative outlook, has never been conducted before in England and Wales.
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Ugwudike, Pamela, und Gemma Morgan. „Bridging the gap between research and frontline youth justice practice“. Criminology & Criminal Justice 19, Nr. 2 (22.01.2018): 232–53. http://dx.doi.org/10.1177/1748895817753509.
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Although the Risk, Need, Responsivity model of rehabilitation is rooted in a substantial body of research evidence, several studies of the model’s efficacy in youth and adult justice settings within England and Wales have revealed modest outcomes. In this article, we contend that the findings do not necessarily reflect deficits in the model. Rather, a growing corpus of research now indicates that poor practice integrity or inadequate implementation of the model’s principles is a key but under-researched factor that undermines the efficacy of interventions based on the model. We also present the findings of a study that explored applications of the model in three Welsh youth justice services and we examine possible means of bridging the gap between research evidence and real-world practice.
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Fittall, William. „The Practice and Politics of Establishment“. Ecclesiastical Law Journal 24, Nr. 3 (September 2022): 332–45. http://dx.doi.org/10.1017/s0956618x22000357.
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The following words were spoken in the House of Commons 23 years ago: Many people in this country think that it is wrong to have an established Church and that it would be helpful if England followed the example of Scotland and Wales and disestablished its Church, recognising that we are a multicultural, multi-faith society and that no religion or Church should be given pre-eminence over others. Would it not be prudent for the Church Commissioners to do their sums now so that when that democratic day dawns, it will not be such a shock for them? Well, what can one say about that other than, ‘O, Jeremy Corbyn!’? For it was indeed the then maverick Labour backbencher who made those remarks during Church Commissioners’ questions in the House of Commons.
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Castle, Jenny, Celia Beckett und Christine Groothues. „Infant Adoption in England: Policy and Practice at Placement“. Adoption & Fostering 24, Nr. 4 (Dezember 2000): 45–56. http://dx.doi.org/10.1177/030857590002400408.
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Baker, David. „Deaths after police contact in England and Wales: the effects of Article 2 of the European Convention on Human Rights on coronial practice“. International Journal of Law in Context 12, Nr. 2 (Juni 2016): 162–77. http://dx.doi.org/10.1017/s1744552316000033.
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AbstractThis paper examines the role of coroners in investigating and reporting on cases of death after police contact (DAPC) in England and Wales. It considers how Article 2 (the right to life) of the European Convention on Human Rights (ECHR) has affected coronial processes and practices. It argues that the effects of Article 2 represent an evolutionary shift in accountability processes surrounding cases of DAPC in England and Wales, but that this shift has in turn been mediated by aspects of institutional structure in the coronial system. It discusses how this shift demonstrates the dynamic relationship between the coronial system, state and society and how this has continued to evolve as a result of external demands.
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O'Keeffe, Katherine O'Brien. „Body and law in late Anglo-Saxon England“. Anglo-Saxon England 27 (Dezember 1998): 209–32. http://dx.doi.org/10.1017/s0263675100004865.
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This article explores some textual dimensions of what I argue is a crucial moment in the history of the Anglo-Saxon subject. For purposes of temporal triangulation, I would locate this moment between roughly 970 and 1035, though these dates function merely as crude, if potent, signposts: the years 970×973 mark the adoption of the Regularis concordia, the ecclesiastical agreement on the practice of a reformed (and markedly continental) monasticism, and 1035 marks the death of Cnut, the Danish king of England, whose laws encode a change in the understanding of the individual before the law. These dates bracket a rich and chaotic time in England: the apex of the project of reform, a flourishing monastic culture, efflorescence of both Latin and vernacular literatures, remarkable manuscript production, but also the renewal of the Viking wars that seemed at times to be signs of the apocalypse and that ultimately would put a Dane on the throne of England. These dates point to two powerful and continuing sets of interests in late Anglo-Saxon England, ecclesiastical and secular, monastic and royal, whose relationships were never simple. This exploration of the subject in Anglo-Saxon England as it is illuminated by the law draws on texts associated with each of these interests and argues their interconnection. Its point of departure will be the body – the way it is configured, regarded, regulated and read in late Anglo-Saxon England. It focuses in particular on the use to which the body is put in juridical discourse: both the increasing role of the body in schemes of inquiry and of punishment and the ways in which the body comes to be used to know and control the subject.
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Barber, Marianne. „“You can build it but will they come?” A Trial Implementation of eTextbooks at The College of Law“. Legal Information Management 11, Nr. 4 (Dezember 2011): 238–40. http://dx.doi.org/10.1017/s1472669611000818.
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AbstractMarianne Barber offers some practical observations from a trial introduction of eTextbooks at the College of Law. Ebook versions of the textbooks produced by the College (and published commercially by College of Law Publishing) were made available for the first time in 2010 to its Legal Practice Course students. This paper was originally presented at the BIALL Conference in June 2011 and included an overview of the variety of licensing models/platforms available, an analysis of the then level of response from teaching staff and students and likely touch-points for mass adoption in the legal field.
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Goode, Roy. „Rule, Practice, And Pragmatism In Transnational Commercial Law“. International and Comparative Law Quarterly 54, Nr. 3 (Juli 2005): 539–62. http://dx.doi.org/10.1093/iclq/lei017.
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I feel privileged to have been invited to deliver this yearřs FA Mann lecture in succession to a long line of distinguished lawyers who have paid their own tribute to one of the most outstanding German legal émigrés of the 1930s. Francis Mann became a legend in his lifetime for his profound scholarship and his expertise in international and commercial litigation. While still in Germany he had fallen under the spell of the legendary Martin Wolff, the great conflicts lawyer, with whom he was able to resume contact years later in England. Mann himself was to become a leading light in both private and public international law. He had strong views on everything, a few of them decidedly unorthodox. His workThe Legal Aspect of Moneybecame a classic, and he died in bed while correcting the proofs of the fifth edition. Happily, Charles Proctor has taken over the mantle of editing the sixth edition, which has now been published by Oxford University Press. Full details of the contributions to English law by Wolff, Mann and other outstanding German émigré lawyers will be found in a collection of essays in a fine new publication,Jurists Uprooted, edited by Sir Jack Beatson and Professor Reinhard Zimmerman.