Dissertations / Theses on the topic 'Common law – History'
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Wells, Elizabeth. "Common law reporting in England 1550-1650." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260105.
Full textSaccone, Giuseppe Mario. "History as rhetoric in Hobbes' dialogue of the Common Laws and the rise of modern philosophy." Thesis, Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22050449.
Full textKostal, Rande W. "Common law, common lawyers and the English railway industry, 1830-1880 : a study in the history of law and industrial capitalism." Thesis, University of Oxford, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.254211.
Full textLobban, Michael John Warrender. "The development of common law theory : English jurisprudence c. 1760- c. 1830." Thesis, University of Cambridge, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.330033.
Full textManera, Concetta. "Owning humans and parts thereof, the common law history and the recent patent controversies." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/MQ63390.pdf.
Full textLockwood, Shelley. "The governance of England : law, reform and the common weal, c.1460-c.1560." Thesis, University of Cambridge, 1991. https://www.repository.cam.ac.uk/handle/1810/272520.
Full textKim, Keechang. "Alien status in the medieval common law : an aspect of the birth of the modern state." Thesis, University of Cambridge, 1993. https://www.repository.cam.ac.uk/handle/1810/272261.
Full textBlang, Eugenie M. "To urge common sense on the Americans: United States' relations with France, Great Britain, and the Federal Republic of Germany in the context of the Vietnam War, 1961-1968." W&M ScholarWorks, 2000. https://scholarworks.wm.edu/etd/1539623983.
Full textChurches, Steven C. "An historical survey of the presumption in the common law that general statutes do not bind the Crown /." Title page, contents and abstract only, 1988. http://web4.library.adelaide.edu.au/theses/09PH/09phc562.pdf.
Full textMcGaw, Mark Christopher. "A history of the common law of agency with particular reference to the concept of irrevocable authority coupled with an interest." Thesis, University of Oxford, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.425716.
Full textBuehler, Paul. ""So That The Common Man May See What Kind of Tree Bears Such Harmful Fruit": Defamation, Dissent, and Censorship In The Holy Roman Empire, ca. 1555-1648." Diss., The University of Arizona, 2015. http://hdl.handle.net/10150/581330.
Full textKeeler, Rebecca L. "Toward Common Ground: Public Value and Corporate Social Responsibility Scholarship." Digital Commons @ East Tennessee State University, 2015. https://dc.etsu.edu/etsu-works/649.
Full textFerreira, Jean-Philippe. "L'originalité de la responsabilité du fait des dommages de travaux publics." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0309.
Full textPublic liability for wrongs caused by public works is usually understood as an original and peculiar case of liability. Its existence, its structure and the rules applied to it made it different from classical administrative accountability or civil liability. Nevertheless, the study of the topic shows that at two different times such an assessment should have been more balanced. From an historic perspective, rules for public liability in the context of wrongs caused by public works are the foundation of French administrative accountability. Rules for public works had the leading role in the development of administrative accountability and were the mould for the doctrines and principles of administrative responsibility. Currently, the peculiarity of some rules applied to public works are in decline. Firstly, despite the persistence and the use of a classification specific to public liability in the context of public works, the particularity of its rules is lessened. Secondly, this peculiarity is endangered as other rules for liability coming from administrative law or civil law are preferred to its application. Thus, the originality of the public liability for wrongs caused by public works seems to become a thing of the past
Dorsett, Shaunnagh Law Faculty of Law UNSW. "Thinking jurisdictionally: a genealogy of native title." Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/23963.
Full textShmilovits, Liron. "Deus ex machina : legal fictions in private law." Thesis, University of Cambridge, 2019. https://www.repository.cam.ac.uk/handle/1810/286225.
Full textDyson, Jessica. "Staging legal authority : ideas of law in Caroline drama." Thesis, University of Stirling, 2007. http://hdl.handle.net/1893/366.
Full textFilippi, N. F. "Deviances and the construction of a 'healthy nation' in South Africa : a study of Pollsmoor Prison and Valkenberg Psychiatric Hospital, c. 1964-1994." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:730c12b2-2e52-4290-b5f9-5a5e557f8b45.
Full textFajon, Yan-Erick. "Les représentations du juge criminel dans la pensée politique française (1748-1791)." Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0021/document.
Full textThis thesis on the end of the Ancien Régime extends from 1748 to 1791. This research work is an exploration of the judicial figure and its scholarly and popular representations on the given period. Thus the philosophers of the eighteenth century contributes largely through their political theories to a theoretical renewal of judicial representations. This renewal is also accompanied by literary fecundity in the utopian genre. This is proof that the criminal question is a political question on the eve of the French Revolution.This work of judicial renewal continues with the National Constituent Assembly between 1789 and 1791. It continues in a practical angle. It is probably here that lies the break between the constituent deputies and the Enlightenment philosophers. The former will put in place a judicial system where only logic exists. This system is motivated by a hatred of the 18th century criminal court. The second, the philosophers, criticized the judge for the sake of the need for freedom. They are in this respect the extension of humanism and the precursors of liberalism
Batchelor, Bronwyn Le Ann. "Constitutional damages for the infringement of a social assistance right in South Africa are monetary damages in the form of interest a just and equitable remedy for breach of a social assistance right." Thesis, University of Fort Hare, 2011. http://hdl.handle.net/10353/388.
Full textNational Research Foundation
Dafel, Michael. "The constitutional rebuilding of the South African private law : a choice between judicial and legislative law-making." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/285563.
Full textJosephson, Per. "Common but differentiated responsibilities in the climate change regime : historic evaluation and future outlooks." Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-145767.
Full textHeimburger, Robert Whitaker. "A theological response to the "illegal alien" in federal United States law." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:43010cbe-32a9-4ecd-abcf-cf57f729bbd5.
Full textVerduyn, Anthony James. "The attitude of the Parliamentary Commons to law and order under Edward III." Thesis, University of Oxford, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.316889.
Full textFrazier, Dustin M. "A Saxon state : Anglo-Saxonism and the English nation, 1703-1805." Thesis, University of St Andrews, 2013. http://hdl.handle.net/10023/4146.
Full textBoccara, Dario D. "Essai sur le rapprochement des systèmes de droit romano-germanique et de common law : théorie générale d'une convergence asymptotique." Lyon 3, 1993. http://www.theses.fr/1993LYO33009.
Full textMore than merely evoking the connection between legislation and case-law, close comparaison of the common law system and that of civil law implies the basic unity of law. On the inter-system level, we find this latter notion in the transposition of the continuity necessary to internal order as it is expressed in the various combinations of formal sources of the law. This particular presentation is strongly supported by comparative studies indicating that the divergences, which may be observed in numerous positive laws, reveal no real rupture due to an inherent difference of the natures of the two systems. Moreover, the notion of convergence between the two systems and the coherence between legislation and case-law repose on the universal continuity fo reasoning as it must be established through logic. Whatever the circumstances, once established, this is only valid if it remains unaltered by the legal systems which employ it. Finally, the initial divergences existing between the two. .
Dyer, Cruzado Edward Alexander. "Una historia de desconfianza : el precedente constitucional a través del análisis cultural de derecho." Bachelor's thesis, Pontificia Universidad Católica del Perú, 2014. http://tesis.pucp.edu.pe/repositorio/handle/123456789/5666.
Full textTesis
Dabor, Igho Lordson. "Limited liability : a pathway for corporate recklessness?" Thesis, University of Wolverhampton, 2016. http://hdl.handle.net/2436/620569.
Full textLuo, Gang. "La protection de l'autonomie personnelle en matière matrimoniale dans le cadre des traditions juridiques européenne et chinoise : études comparatives sur la transformation historique vers un nouveau "ius commune" de la liberté matrimoniale à la lumière des droits français, allemand, anglais et du droit chinois." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D005.
Full textIn the current situation where the matrimonial institution has become the expression of an individual freedom, rising to the level of constitutional law and international law, questions may arise as to, first, whether a new ius commune in this respect has been born on the basis of Chinese and European legal traditions, and then, to what extent. The answers closely depend on a glance at the past of this institution in the light of comparative law. Based on Romano-Canon law, the ius commune europaeum had left a considerable freedom as Roman consensus to the conclusion of marriage, but excluded the divorce, which had been followed by French, German and English laws until the 16th century. It is the Protestant Reformation of the 16th century and national codifications of the 18th and 19th century that maked this old ius commune burst. Nevertheless, the notion of individual freedom and the claim of legal equality provided the basis for a new ius commune of matrimonial freedom that evokes not only the freedom to marry but also the freedom to divorce. It is since the 20th century that the European notion of matrimonial freedom, at least as a “state of spirit”, penetrated into the Chinese legal order, leading to China’s break with its traditional heritage that had made the individual freedom of the spouses disadvantaged and unequal, and to the birth of a new ius commune crossing the two traditions. However, such a convergence, due to the cultural constraint being the fruit of distinct historical evolutions, is still only a conceptual and ideological rapprochement
In der gegenwärtigen Situation, wo die Institution der Ehe zum Ausdruck der individuellen Freiheit geworden ist, die sich auf dem Niveau des Verfassungs- und Völkerrechts erhoben hat, ist zunächst zu hinterfragen, ob ein neues gemeines Recht in dieser Hinsicht entstanden ist, das sich aus der europäischen und chinesischen Rechtstraditionen ergibt, und dann inwieweit. Die Antworten auf diese Fragen hängen in hohem Maße von einem Blick zurück in die Vergangenheit dieser Institution im Lichte der Rechtsvergleichung. Das römisch-kanonische Ius commune, das bis zum 16. Jahrhundert von der französischen, deutschen, englischen Rechte gefolgt worden war, hatte der Eheschließung eine grosse Freiheit wie römische Konsensvereinbarung gelassen, aber die Ehescheidung ausgeschlossen. Die protestantische Reformation im 16. Jahrhundert und die Nationalkodifikationen im 18. und 19. Jahrhundert zersplitterten dieses alte gemeine Recht. Allerdings schufen der Gedanke der individuellen Freiheit und die Einforderung der Rechtsgleichheit wichtige Grundlagen für einen neuen gemeinen Recht von Ehefreiheit, das sich nicht nur auf die Eheschließungsfreiheit sondern auch auf die Ehescheidungsfreiheit beruft. Seit 20. Jahrhundert ist der europäische Begriff von Ehefreiheit zumindest als eine „Geisteshaltung“ in die chinesische Rechtsordnung eingeführt worden. Dies hat dazu geführt, dass China mit dem traditionellen Erbe gebrochen hat, das die individuelle Freiheit der Ehegatten benachteiligt hatte, und dass ein neues gemeines Recht quer durch diese zwei Rechtstraditionen entstanden ist. Aufgrund der kulturellen Einschränkung, die auf unterschiedliche historische Entwicklungen zurückzuführen sind, ist dennoch eine solche Angleichung noch immer eine konzeptionelle und ideologische Annäherung
当前,婚姻制度已经演进成为个人自由的表达,并且上升到了宪法与国际法的层面,于是人们不禁要问,在这一方面基于中欧两大法律传统的新的“共同法”是否已经形成?如果有,在多大的范围内呢?这些答案紧紧地取决于从比较法的角度对这个制度既往史的考察。根植于中世纪罗马教会法的“欧洲共同法”对婚姻的缔结赋予了极大的自由,如罗马式意思一致,但却排除了离婚自由,并在十六世纪以前被法国法、德国法以及英格兰法所共同遵循。正是欧洲十六世纪的宗教改革以及十八和十九世纪的民族国家法典化运动打碎了旧的“共同法”秩序。尽管如此,个人自由的观念和法律平等的诉求为婚姻自由新一轮的“共同法”奠定了基础,不仅涉及结婚自由,还扩大到离婚自由。正是二十世纪以来,婚姻自由的欧洲观念,起码作为一种“精神状态”,被引入中国法律秩序,使中国与其传统遗产(夫妻个人自由的不尊重和不平等)相决裂,横跨两大法律传统的新一轮“共同法” 也相应诞生。然而,由于不同历史演进所带来的文化束缚,这样的一种趋同,目前还只是处于一种概念上和观念形态上的接近。
Roynier, Céline. "Le problème de la liberté dans le constitutionnalisme britannique." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020090.
Full textMany are the signs revealing a certain difficulty with liberty or freedom in british constitutionalism. The relative failure of the Human Rights Act 1998 in terms of efficiency , the never-ending debate about the enactment of a british declaration of rights and the numerous sanctions taken by the ECHR against the UK, can be considered as symptoms of this problem. How, then, is it possible to explain the overwhelming role of the UK in the adoption of the ECHR in the 1950’s and this resistance of the UK towards the European Convention ? Our aim, in this work, is to provide an explanation which would be based on the study of the early modern common law tradition that is mainly (but not exclusively) the parliamentary Doctrine of the Seventeenth Century. We think that this doctrine or discourse established the english conception of liberty and considered this latter as originating in the common law. We suggest that liberty was and is thought as a permanent redefinition of the law itself (the common law) and that this idea gave birth to Public Law exactly at the same time. First of all, the above-mentioned problem of liberty – which appeared in America and France as well – arose in a particular way in England. Rather than focusing on power and its legitimacy, english state lawyers concentrated their work on the marks of a law which could be acceptable for all. This reflexion led to successive waves of politisation of the law itself but did not enable the apparition of a people which would be the source of both law and power. The first wave of politisation established that common law was the law common to all (Part 1). The second wave deepened the first one and enabled the common law to be « the law of liberty » by linking the language of the common law with the individual, through constitutional morality (Part 2)
Naudin, Hermine. "La relation auteur-éditeur dans le contrat d'édition littéraire." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1040.
Full textThe liberalization of writing in our contemporary cultural society has made it so anyone can now aim for the title of author. The recognition of one’s work is now sought, not through the traditional means of publishing, with the assistance of a professional publisher, but through immaterial processes of self- online publishing. On one hand, thanks to these new means, the author is able to cut the intermediation of the publishing field and to avoid using a professional publishing company. On the other hand, the author, romantic and emblematic character upon whom author’s rights have been forged is fading away from the legal landscape. With the decay of the myth, the ownership conception of author’s rights is taken away by those of the user. The author is fading away. The new customs of our over connected society are dramatically changing law and its ability to adapt. Although, publishing contracts are still a part of the process and are the subject at the heart of this study. The French intellectual property code was able to grant this contract access to the dematerialized world by incorporating the paradigm shift. Main model of publishing contracts, its ambivalent nature is due to the merging of both civil and intellectual property law that can be applied to it. This study aims to capture the true nature of the publishing contract figure, through the relations established between authors and publishers, including their new balance, and also to grasp a full understanding of the mutations surrounding the authors’ rights and that redefine ownership in a now immaterial era through the new alternative means of self-publishing (free licenses and creative commons)
Kotlyar, Ilya Andreevich. "Influence of the European Ius Commune on the Scots law of Succession to Moveables, 1560-1700." Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/23580.
Full textBoestad, Tobias. "« Pour le profit du commun marchand » : la genèse de la Hanse (XIIe siècle-milieu du XIVe siècle)." Thesis, Sorbonne université, 2020. http://www.theses.fr/2020SORUL078.
Full textAlthough the commercial organisation known as the Hanse did not emerge until the second half of the 14th century, merchants from the Holy Roman Empire did not wait until then to join forces on the various marketplaces they frequented in Northern Europe. On the contrary, some of their associations could already be found in England and in the Baltic Rim at the end of the 12th century. Over time, such groupings developed into more complex organisations. Their political influence increased as they came to represent the commercial interests of all Low German cities, whereas the reference to “the common merchant’s profit” spread within them and paved the way to lasting cooperation. This study seeks to shed light on the political motives of solidarity between German merchants and cities, with particular attention to the discourses produced about it and their normative value. Its aim is to turn around the constitutionalist perspective which has characterised legal studies on the Hanse for a long time, and to highlight the legal mechanisms by which the political experiences of the 13th and early 14th centuries were able to produce an inter-municipal decision-making regime, abiding by specific rules and by its own system of principles and values. After having presented the main steps and chronological milestones in the genesis of the Hanse, this work considers the foundations of the Hanseatic community and finally the way in which some of its actors, in particular the city of Lubeck, were able to turn a political and economic cooperation into a legal principle
Juneau, Matthieu. "La notion de droit commun en droit civil québécois." Thesis, Université Laval, 2009. http://www.theses.ulaval.ca/2009/26391/26391.pdf.
Full textLe, Mauff Julien. "Une généalogie de la raison d'État : les racines médiévales de la pensée politique moderne." Thesis, Paris 4, 2015. http://www.theses.fr/2015PA040082.
Full textThis survey attempts to draw a new understanding of reason of State, as a key concept in modern politics and in 17th century State-centered thought. It is therefore studied backwards, in order to better describe its origins, and to understand what conditions enabled its formulation. The genealogic method is chosen as a way to conciliate the French school of the Annales and the anglo-american tradition of history of ideas, and to handle political ideas as historical artefacts. Every text and author is therefore apprehended as a part of a chain of influences and relationships, while intellectual singularities are preserved. Among the main concepts that participate in defining reason of State, necessity, public utility and legal exception evolve deeply from the 12th century, as a result of the rediscovery of ancient authors by John of Salisbury and still more by Thomas Aquinas, of recent developments in canon and roman law, and of new fiscal policies during the 13th and 14th centuries. The improvements of royal ideology, the new necessity specifically applied to political action in William of Ockham’s thought, and the rise of the concept of a sovereign State under the primary influence of Marsilius of Padua, also participate in this preparation, now centered on Italian city-states. The account ends with a view on three different definitions of reason of State, that correspond first to Machiavelli and Guicciardini, then to Botero, and finally to the legal thought of Ammirato and Canonhiero. This outcome paves the way to the triumph of Statism, and to the new developments of political theory during the Enlightenment
Sowell, Patrick Wm. "Maintaining US Preeminence in a Hazardous Commons: Developing National Security Space Strategy to Address the Strategic Environment." Miami University Honors Theses / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=muhonors1304110944.
Full textMontesinos, Llinares Lidia. "IRALIKU'K: La confrontación de los comunales. Etnografía e historia de las relaciones de propiedad en Goizueta." Doctoral thesis, Universitat de Barcelona, 2013. http://hdl.handle.net/10803/132603.
Full textThe thesis presents a case study of property relationships in Goizueta, a town of 700 people in the mountains of Navarre. Through the study of the legal regulations on property, the historical conflicts associated with resources, and changes in the communal and familial forms of exploitation, several theoretical conclusions are presented regarding types of ownership and their regulations. The historical indefiniteness of property ownership where the study takes place, as well as the changes in property relationships are empirically shown through different legal and ethnographic cases. The tension between local customary regulations and the liberal laws of the nineteenth century or the current regional, state and European regulations appears as the focus that shows the permanently negotiated and conflictive nature of property relations. In the final analysis, the thesis provides a theoretical reflection on possession and property, with a special look at the historical transformations in the forms of communal appropriation and use.
Mautalent, Reboul Isabelle. "Le Droit privé jersiais, transformation et adaptation de son contenu originel au monde contemporain." Caen, 1995. http://www.theses.fr/1995CAEN0036.
Full textThe modern civil law of jersey whose polymorphic character is a striking feature, consists in a 'common law', i. E a body of judicial rules founded on an old customary law besides which an important volume of legislated law has developed. This state of the law of jersey is the fruit of a long history, both singular and perfectly original and yet closely linked to that of normandy. In 1204 by making the choice remaining obedient to the king of england whom they beheld as their duke, the people of jersey did not intend to deny their already rich norman identity and part with their judicial and customary habits. They received the text of the 'grand coutumier de normandie' written c. 1240 as an ultimate heritage from the continent, an heritage out of wich not only did they lay the foundations of the judicial and administrative autonoly wich jersey still enjoys but also the origin of their customary civl law. The channel islands have always been considered the repository of the judicial heritage of normandy and the aim of this thesis is to see how it still materialises in jersey nowadays. It tries to establish how. Trough an important jurisprudencial tradition wich itself serves indisputable pragmatism, the common law of normandy has managed to durable influence the modern civl law of jersey though the latter has progressively been forced to abandon all that characterised a law whose unique object was to secure the conservation and transmission of real estates. Underlining the specificity of the civil law of jersey means qustioning the way of implementing a difference that memory only will be able to save
Soltani, Seyed Nasser. "La notion de constitution dans l'oeuvre de l'assemblée constituante iranienne de 1906." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32010/document.
Full textIn 1906 the Persian Kingdom witnessed a constitutional revolution which gave it its first written constitution. In the early years of the revolution, civil society opened a great field for the emergence of modern concepts of public law. The work of the Constituent Assembly of 1906, which gave birth to the Constitution and its Supplement, is a unique illustration of this. The present thesis proceeds to explain the work of the Constituent Assembly in order to follow the genesis and evolution of the principles of public law in Iran. Referring to the principal concepts of public law - representation, civic equality and equality before the law - we will attempt to find the particular conception that the constituents of the Constitution had of these concepts. We also explore the notion of constitution at certain key moments of the revolution, where, for example, the revolutionaries called the King to give oath for the safeguard of the Constitution. Further, the thesis explains the process by which modern concepts of public law were given birth through a redefinition of ancient concepts. By referring to constitutional history, the present study aims to expose the challenges to constitutional law in Iran today, a constitutional law which has failed to seriously account for the history of the discipline. The present study therefore aims to show the importance of, and need for, historical studies in the teaching and study of constitutional law in Iran
Issartel, Cédric. "Contribution à l'étude des rapports du droit positif et de la mémoire." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1053.
Full textThe applicable law and the memory in all her significance have old and varied relations. They have been accentuated during the last century, and especially during the last decade reason of the developpement of memory laws. Generally, these relations can be classified into two categories. Firstly, the applicable law and the collective memory have an interaction. This interaction is a mutual determination. The applicable law determines some collective memories. In return, the applicable law is determined by the memory of law. Having two definitions, it exercices an action in the formation of the applicable law and in the conservation of the law in totality. This conservation exercices also a variable action on the applicable law. Secondly, the relation between the applicable law and the memory is characterized by an action of the applicable law without memory equivalent. The applicable law can ensure the continued existence of the memory. Concerning all forms and types of memory, this protection is very variable. It can be direct when the rules of the applicable law don't plan for an action different of a protection. This first protection is characterized by two types. Dispositions of the applicable law can concern the protected memories, but also they can concern intermediate memorial elements. In the first case, the protection is immediate. It isn't in the second. The collective memory of memorable events and deceased isn't protected directly.This indirect and specific protection results of its reminder. It consists of a collective and public exaltation. The quest of pardon is the consequence. But the pardon can also be gotten, more or less directly, by the presidential pardon an the decided forgetfulness. However, only the second has an effect on the collective memory
Vasconcelos, Pereira Junior Magno. "Construção e transformação do centro urbano de São Luís-MA: Uma análise do Património Histórico." Doctoral thesis, Universitat de Barcelona, 2016. http://hdl.handle.net/10803/397725.
Full textThis thesis presents the path and the results of an investigation related to the urban evolution of the city of Sao Luís, capital of the State of Maranhão, with an eye on the historical center. The research meets the need to understand the processes that led the city center to receive the World Heritage title in 1997. In this context, we analyzed the urban morphology from its foundation to the recognition of the title by the UNESCO through the main aspects that contributed to achieving this international recognition, namely: the colonial society itself, focusing on how it developed the initial core of the city and which rules and laws it created for its progress; the economic cycles, which both provided the construction of grand mansions and prevented their renovation; the appearance of the first conservationist movement and its key players in nineteenth century São Luís; the urban interventions carried out by the government towards the revitalization and renewal of the historic center; and, finally, the proposition to raise São Luís’s historical center to a World Heritage site.
Duvillet, Amandine. "Du péché à l'ordre civil, les unions hors mariage au regard du droit (XVIe-XXe siècle)." Phd thesis, Université de Bourgogne, 2011. http://tel.archives-ouvertes.fr/tel-00697010.
Full textMorgan, Kirsty Kate. "The legalisation and regulation of online gambling in South Africa." University of the Western Cape, 2017. http://hdl.handle.net/11394/6092.
Full textWasenda, N'Songo Corneille. "Le droit pénal congolais confronté aux exigences constitutionnelles." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D046.
Full textWhereas in other places the link between constitutional law and criminal law have been accepted as the basis of criminal law on the one hand, and the major questions of repressive law have played the role of a catalyst for the constitutionalisation of criminal law the state and the emergence of human rights on the other hand, in the Democratic Republic of Congo, however, the issue has rarely been treated systematically by researchers. Would the constitionalization of criminal law be a neglected subject ? The present thesis had the ambition to take up the challenge by making a cross reading and transversal of the various constitutions which ruled the country since the Basic law of 1960 relating to the structures of Congo, until the current Constitution of February 18. 2006. In this quest, it was necessary to avoid the trap of compartmentalization of legal disciplines by opting rather for their interdisciplinarity. Originnaly designed to combat the slave trade and protect the trade to the signatory states of the Berlin Act on the territory forming the Congo Basin, the criminal law has long kept this figure of a summary work, ignoring the importance constitutional issues on criminal policy. The observation was made during the developments of the first part devoted to the lack of respect for constitional requirementsin the construction of the repressive mechanism both in its foudations and its philosophical orientations. The changes that took place after the colonial period did not change the situation. Rather, they have created a repressive regime that focuses on protecting political institutions and their leaders, ignoring constitutional guarentees and respect for the fundamental rights of the human person. The democratic changes introduced by the Costitution of 18 february 2006 augured a new ideological framework in the organization of society. It jhas introduced new forms of social control and regulation, which are naturally part of a new criminal law. The latter must comply with certain ethical conditions in the determination and hierarchy of social values on the one hand, and one the other hand, in the protection of the social group with particular attention to vulnerable people and, finalty, it must have a value both for ordinary citizens and for the various categories of offenders, including a range of appropriate. The examination of all these questions has demonstrated in the second part of the thesis that there are limits to the respect constitutional requirements, because of the lack of adaptability of a constitutional review of penal norms and especially because of the insufficiency of criminal protection of the Constitution, thus preventing the Constitutionnal Court from playing the role of a real actor of criminal policy
"The legal transformations in twelfth-century England: from customary law to common law." 1999. http://library.cuhk.edu.hk/record=b5889923.
Full textThesis (M.Phil.)--Chinese University of Hong Kong, 1999.
Includes bibliographical references (leaves 154-162).
Abstracts in English and Chinese.
Abstract --- p.I-V
Introduction --- p.1-9
Chapter Chapter I: --- The Structure of Land Tenure in English Customary Law: The Origins of the Common Law Property --- p.10-52
Chapter Chapter II: --- The Institutional Foundations of English Law: The Administration of Justice under Henry I --- p.53-95
Chapter Chapter III: --- The Royal Jurisdiction and the Transformation of Legal Procedure from Leges Henrici Primi to Glanvill --- p.96-142
Conclusion --- p.143-153
Bibliography --- p.154-162
Pesklevits, Richard Dale. "Customary law, the Crown and the common law : ancient legal islands in the post-colonial stream." Thesis, 2002. http://hdl.handle.net/2429/12160.
Full textTvrdy, Linda Ann. "Constitutional Rights in a Common Law World: The Reconstruction of North Carolina Legal Culture, 1865-1874." Thesis, 2013. https://doi.org/10.7916/D8VX0PQS.
Full textClark, Jan Katherine. "Of kings and popes and law: an examination of the Church and state relationship in England during the high Middle Ages and the influence of that relationship on the structure and processes of English law." Thesis, 2012. http://hdl.handle.net/1828/4071.
Full textGraduate
Du, Plessis Hanri Magdalena. "The harmonisation of good faith and ubuntu in the South African common law of contract." Thesis, 2017. http://hdl.handle.net/10500/23606.
Full textPrivate Law
LL. D.
Dallmann, Abigail Armstrong. "To Have and To Hold: Courting Property in Law and Literature, 1837-1917." 2011. http://scholarworks.umass.edu/open_access_dissertations/444.
Full textKeady, Joseph. "A Translation of Dominik Nagl’s Grenzfälle with an Introductory Analysis of the Translation Process." 2020. https://scholarworks.umass.edu/masters_theses_2/881.
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