Dissertations / Theses on the topic 'Law in England'
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Link, Mathias. "Possession, Possessio und das Schicksal des Common Law : der Besitzrechtsstreit im Common Law in der zweiten Hälfte des 19. Jahrhunderts /." Frankfurt am Main [u.a.] : Lang, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/364177950.pdf.
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Nightingale, Carol L. "Criminal law reform : England 1808-1827 /." Title page, contents and introduction only, 1993. http://web4.library.adelaide.edu.au/theses/09AR/09arn688.pdf.
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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.
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Worby, Samantha Jane. "Kinship in thirteenth century England : the Canon Law in the Common Law." Thesis, University College London (University of London), 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.425687.
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Elvin, Jesse Daniel. "Political correctness, feminism and law reform in England." Thesis, London School of Economics and Political Science (University of London), 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.420428.
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This thesis examines how far concerns about the perceived influence of feminism on the English legal system are grounded in reality. It makes two main points. Firstly, it shows that there is a significant concern, as presented in the media, that 'politically correct' feminism is having a major influence on the law in England. It shows, for example, that there is an important worry about the perceived influence of feminism on the law dealing with sexual offences and compensation for sexual violence. Similarly, it shows that there is also an notable concern that England will adopt, or that it already has adopted in significant respects, sexual harassment laws as extreme as those supposedly in place in America. Secondly, it demonstrates that certain kinds of feminist approaches to law have made uneven or little progress, despite the widely held perception that they have made tremendous headway in the legal system. By way of an epilogue, it concludes that the reaction to 'politically correct' feminism may best be viewed as a form of 'moral panic'; i.e. a societal response based on beliefs about a perceived moral threat. It places this moral panic in a historical and cultural perspective, comparing it to other moral panics such as the 1950s anti-Communist hunt in American society, and considers its cause.
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Carman, Richard John. "Valuing ancient things : archaeology and law in England." Thesis, University of Cambridge, 1993. https://www.repository.cam.ac.uk/handle/1810/271915.
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Lindsay, Bobby William Milroy. "The exclusion of foreign law in international private law." Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/30593/.
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It is an axiom of the conflict of laws that one state will not enforce the revenue, penal, or ‘other public’ laws of another. This thesis shall criticise this position, arguing that these exclusionary principles should be replaced with a general principle of enforceability, subject to the control of public policy. It shall begin by sketching the general landscape of the exclusion of foreign law in Anglo-Scots international private law. Thereafter, a detailed account shall be given – for each of the revenue, penal, and ‘other public’ law rules – of the historical development of those exclusions, and their present scope of operation. This exposition provides a foundation for a critical examination of those rules.
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Kearns, David Richard. "Common Law Judicial Office, Sovereignty, and the Church of England in Restoration England, 1660-1688." Thesis, The University of Sydney, 2019. https://hdl.handle.net/2123/21468.
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This thesis argues that Restoration English debate over sovereignty and state was dominated by attempts to configure the scope of common law judicial office, with arguments in favour of the judiciary’s subordination to the king or Church of England the most common. In response, members of the Restoration judiciary not only rhetorically defended their office as independent, but the judges of the Court of King’s Bench, the highest common law court, exercised their office in such a way as to affirm their independence. They effected this through two processes. First, they grounded their office chiefly in the lex non scripta, rather than statute developed by king or parliament. The Restoration judiciary focused on the customary practices of the realm, found through research into the records of the common law itself. They engaged with statute – the lex scripta – ambivalently, at times ignoring it, or citing it in the face of explicit opposition by Charles II and James II to the legislation in question. Second, the judges claimed their office was responsible for the administration of temporal concerns, such as the defence of the realm, and distinguished this from the salvific focus of the Church, which they described as spiritual. That the judiciary exercised their office as independent of Church and crown requires that we rethink our historiographic approaches to the Restoration, which have tended to treat sovereignty as juridically hierarchical, and Restoration England as confessionalised. As we will see, though the judiciary recognised the king as sovereign, they claimed this entailed only a marginal legal power, its limits subject to the common law judiciary, not an exclusive supremacy over the law. And although the Restoration judiciary prosecuted along confessional lines, they did so not in terms of the salvific focus of the Church, but in terms of the temporal focus of the common law, subordinating the Church to the needs of the state.
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Martinez, Cristina. "Art and law : disciplines intertwined in eighteenth-century England." Thesis, Birkbeck (University of London), 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.497517.
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Page, Lisa Jane. "The enforcement of environmental law in England and Wales." Thesis, University of Plymouth, 2000. http://hdl.handle.net/10026.1/408.
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The control of environmentally damaging activities has become one of the most important areas for concern in recent years. The amount of legislation relating to this subject area has increased several-fold, with European Directives and domestic laws being introduced in response to pressure from a variety of avenues. Key studies on the enforcement of environmental law have been carried out. However, this work was undertaken prior to the expansion of legislative provisions at the start of the 1990s. In the light of this new legislation,n ew regulatorya genciesa, ndc hangingp ublic opinion, the following researcha imsw ere formulated: 1. To assess the approach to enforcement by regulatory agencies (co-operation versus confrontation). 2. To determinet he extent and rate of utilisation of enforcemenmt ethodsb y the regulatory authorities, and the reasons for non-utilisation. 3. To determine which factors influence the strategic decision making process, and to measure the relative importance of each factor. 4. To investigate the types of enforcement policies prevalent in regulatory agencies and evaluate their varying levels of effectiveness. 5. To determine the level of consistency in the approach to enforcement within and between regulatory agencies. 6. To examine the consistency of the levels of penalties applied by the courts. 7. To suggest improvements to the system where required. The first phase of the research involved a postal questionnaire to local authorities. This was followed by structured interviews with NRA and HMIP personnel. An assessment of the consistency of the regulators' enforcement action was made through responses to a regulated community questionnaire, and an appraisal of the consistency of penalties applied by the courts was achieved by analysis of case reports. The main findings from the research were: I. Regulatory agencies adopted a co-operative enforcement approach in the first instance, followed by more stringent action if required. 2. Most regulatory bodies did not use the full array of enforcement methods at their disposal. 3. A large variety of factors relating to the incident affects the decision making process. 4. Not all local authorities had an enforcement policy. Of those that did, a wide variation in the type of enforcement policies existed. 5. Regulators were found to be inconsistent in their enforcement practices. 6. The levels of penalties applied by the courts were also found to be inconsistent. Improvements to the system were suggested as a result of these research findings.
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Hough, Carole Ann. "Women and the law in early Anglo-Saxon England." Thesis, University of Nottingham, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.335867.
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Johnson, Tom. "Law, space, and local knowledge in late-medieval England." Thesis, Birkbeck (University of London), 2014. http://bbktheses.da.ulcc.ac.uk/73/.
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This thesis explores the manifold ways that people encountered and adapted to legal processes and concepts in late-medieval England. It argues that these encounters with law were inextricably related to space and local knowledge, that is, to particular physical places, and the localized information that was produced within those places. The thesis makes two historiographical interventions. Firstly, it argues that the huge variety of different law courts operating in late-medieval England created a situation of ‘legal pluralism’, meaning that there were far more opportunities to become involved with legal institutions than has generally been assumed. Secondly, it argues that previous attempts to understand how ordinary people interacted with law have been too focussed on the central and ecclesiastical law courts. In order to redress these problems, the thesis posits the idea of the ‘local legal regime’: the localized cultural logic that informed people’s encounters with the particular formulation of legal pluralism in the locality within which they lived. The thesis examines three case studies of different local legal regimes. The first chapter looks at the provincial city of Hereford; the second chapter examines the coast of East Anglia; the third chapter looks at the Forests of Yorkshire. In each case, particularly local institutional arrangements, landscapes, and socioeconomic and demographic features crucially shaped the way that people encountered and drew upon law in their everyday lives. Overall, the thesis has two important implications. Firstly, what we often take to be generic aspects of the late-medieval English legal system – such as property rights or nuisance litigation – were in fact underpinned by distinctively local arrangements and expectations. Secondly, we ought to understand law as something rooted physically in the locality. As people moved through the late-medieval landscape, they were encountered with, and able to adapt to, a variety of different legal claims.
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Handler, Philip. "Forgery and criminal law reform in England, 1818-1830." Thesis, University of Cambridge, 2001. https://www.repository.cam.ac.uk/handle/1810/272333.
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Frisby, Sandra. "The law and practice of contractual receivership." Thesis, University of Nottingham, 2001. http://eprints.nottingham.ac.uk/11097/.
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The law of contractual receivership has evolved quietly over a period of one hundred and fifty years or so. The institution of receivership started out as a mortgagee's remedy, but has proved remarkably adaptable to the commercial needs of large financial organisations, so much so that it has enjoyed ascendancy as a method of debt enforcement for the latter half of the twentieth century. This thesis attempts to chart the developmental process of receivership law, and to evaluate both judicial and legislative responses to the particular issues of policy it raises. In particular, it investigates the impact of receivership, both in legal and practical terms, on the various parties interested, in their various capacities, in the corporate entity. The main body of the thesis addresses this question from a number of perspectives. Corporate insolvency affects a wide variety of constituents. Receivership, as an insolvency regime, is frequently criticised as overly biased in favour of powerful financial institutions at the expense of both the corporation itself and its other stakeholders. By affording a contractually appointed receiver dominion over the entirety of the company's property, and by sanctioning the proposition that his decisions be informed exclusively by his appointor's interests, this censure of the law might appear justified. Alternatively, proponents of receivership have promoted the institution as a 'rescue' mechanism, a means by which viable companies, or viable sectors of their businesses, may be nurtured back to productivity and profitability. These two conflicting views will be examined in the final Chapter, in the light of recent reform initiatives which appear to envisage at least some minor modification to the existing 'balance of power'.
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Lester, Vernon Markham. "Insolvency and reform of English bankruptcy law, 1831-1914." Thesis, University of Oxford, 1991. http://ora.ox.ac.uk/objects/uuid:28c0519a-eef4-44c4-bb8a-90be75e0c7da.
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This thesis is a history of the reform of English bankruptcy law 1831-1914 and a statistical analysis of the insolvency the reforms sought to limit. The first two chapters describe the historiography of government growth in nineteenth-century Britain and outline the history of English bankruptcy legislation until 1831. Using statistics from bankruptcy reports published by the Board of Trade after 1883 and returns issued by other government entities prior to that date, chapters three and four define the extent and the characteristics of insolvency. These chapters analyze the aggregate level of bankruptcy in particular occupations and geographic areas; they also examine the effect of trade cycles on bankruptcy levels, both in terms of numbers of bankruptcies and losses occasioned. The remaining chapters trace the history of bankruptcy legislation and examine why Parliament embraced the concept of government supervision of bankrupt estates in 1831, then dismantled the system in the 1860s, only to reimpose it once again a short time later. The roles of three groups in this story -- the business community, the legal profession, and the government -- are examined in detail using the records of the local chambers of commerce, law societies, and other organizations. The thesis concludes that, while the aggregate level of losses declined after the Bankruptcy Act of 1883, the loss rates for some occupations did not reflect this decline. Also, trade cycles did not uniformly affect the rate of bankruptcy for all occupations and geographic areas. Random factors rather than trade cycles had the greatest effect on annual bankruptcy rates. The thesis also argues that the extension of government brought about by bankruptcy reforms was largely a pragmatic attempt to manage bankrupt estates efficiently and had little philosophical basis. Further, the close resemblances between bankruptcy reforms and other Victorian extensions of government add to the evidence that, while there may not be a strict pattern to government growth, such growth may be considered as a distinct and identifiable process.
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Houghton, John Anthony. "Policing and local government in England." Thesis, Manchester Metropolitan University, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.390784.
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Majozi, Nkosinathi Levion. "Plea bargaining in South Africa and England." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73243.
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This dissertation is comparative study of plea bargaining in South Africa and England. It covers when plea bargaining was embraced in the South African criminal justice system. Plea bargaining defines the act of negotiating and concluding contracts in the context of criminal proceedings. Usually the prosecutor and the accused agree that, the accused will plead guilty to the charge brought against him in return for a concession from the prosecution. The agreement is not restricted to the subject matter submitted. Agreements can include charges that are not prosecuted or reduced, particular terms of penalty, probation requirements, and much more. The vast majority of criminal instances are resolved through negotiation in many nations. Plea bargaining infringes the notion of a standard trial and thus conflicts with well-known basic principles of criminal proceedings. In addition, negotiation before criminal trials heavily involves both the accused and the public interest's constitutionally guaranteed rights.Mini Dissertation (LLM)--University of Pretoria, 2019.
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Russell, Yvette. "Thinking sexual difference through the law of rape." Thesis, University of Kent, 2014. https://kar.kent.ac.uk/47940/.
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2013 marked ten years since the Sexual Offences Act 2003 was passed. That Act made significant changes to the law of rape which appear now to have made very little difference to either prosecution or conviction rates. This thesis argues that the Act has failed against its own measures because it remains enmeshed within a conceptual framework of sexual indifference in which woman continues to be constructed as man’s (defective) other. This construction both constricts the frame in which women’s sexuality can be thought and distorts the harm of rape for women. It also continues woman’s historic alienation from her own nature and denies her entitlement to a becoming in line with her own sexuate identity. It effaces woman’s specificity leaving her suspended in an ahistorical space in which the unique and gendered meaning of rape for women is also erased. This thesis argues that the law is complicit in its own failure because it is structurally invested, for its own survival and coherence, in the exclusion and erasure of woman’s voice, which represents the possibility of a plural form of being and thinking and is thus a fundamental challenge to the legitimacy of law. Using Luce Irigaray’s critical and constructive frameworks, the thesis seeks to imagine how law might ‘cognise’ sexual difference and thus take the preliminary steps to a juridical environment in which women can more adequately understand and articulate the harm of rape. It argues that the prevention of rape is not just about prohibitive laws that fix the iteration of the sex act and of sexed bodies. It first requires an ethics of subject-subject relations and the recognition of two distinct and different subjects. Only then can we hope to generate a minor jurisprudence capable of providing justice owed to women who are raped.
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Hunt, Christopher Douglas Lorne. "Justifying and structuring a principled common law privacy tort." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.607899.
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Vasani, Amar. "Shipbuilding disputes : influence of industry norms on law and contracts." Thesis, City, University of London, 2018. http://openaccess.city.ac.uk/21138/.
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Disputes continue to beset English law governed shipbuilding contracts to this day, despite the fact that English law’s characterisation of the shipbuilding contract and relationship have been established since the late 19th Century. For English law to develop such that shipbuilding disputes do not occur in future, this thesis argues that lawmakers and judges must give due regard to shipbuilding industry norms. In order to do so, this thesis will firstly demonstrate that there is a disparity between how English law characterises all shipbuilding contracts and relationships, and the variety of shipbuilding contracts, relationships and projects found in the industry. It is thus argued that reconciliation of this void between law and industry is contingent upon the law having regard for industry norms. This thesis will then examine the causes of shipbuilding disputes, before exploring the judicial remedies available to parties following dispute - both if shipbuilding contracts continue to be characterised as sale of goods provisions under English law, and if legislators decide otherwise. The context of remedies will in turn be used to demonstrate how industry norms can influence both the judicial remedies issued by judges and arbitrators, and the contractual remedy clauses which parties insert into their contracts to resolve or mitigate shipbuilding disputes.
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Chan, Kathryn. "The public-private nature of charity law in England and Canada." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a77dd8a0-9a94-46f0-9e83-761103f45655.
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This thesis examines various aspects of English and Canadian charity law in terms of their relationship with the contested categories of ‘public law’ and ‘private law’. It argues that the law of charities can be regarded as a hybrid legal discipline in both a general or categorical sense, and in the context-specific or functional sense that both the conditions for obtaining charitable status, and the regulation of the conduct of charities and their trustees, are continually being adjusted in such a way as to maintain in a broad sense a functional equilibrium between individual project pursuit and collective project pursuit; that is to say, an equilibrium between the protection of the autonomy of property-owning individuals to control and direct their own wealth, and the furtherance of competing public interests or visions of the good. After sketching out the history and nature of the common law charities tradition and the contemporary English and Canadian regulatory regimes, the thesis pursues its analytical and comparative hypotheses by examining two important features of English and Canadian charity law, the public benefit doctrine and the rules of locus standi that determine who may seek relief for misapplications of charity property. It then addresses the comparatively modern issue of the governmental co-optation of charitable resources, considering to what extent modern pressures associated with the retrenchment of welfare states threaten to destabilize charity law’s hybrid equilibrium in EW and Canada. The thesis then turns to the emerging phenomenon of social enterprise, arguing that shifts to charity law’s functional equilibrium may explain the emergence of this ‘post-charitable’ legal form. The thesis concludes with some observations on the hybrid nature of the law of charities, and on the different functional equilibriums between individual project pursuit and collective project pursuit that have been reached by English and Canadian charity law.
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Warren, Christopher Norton. "Literature and the Law of Nations in England, 1585-1673." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.487149.
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This thesis argues that Renaissance English literature and the rise of international law over the sixteenth and seventeenth centuries are ineluctably bound together. Challenging traditions in both literature and law that separate these two stories, the thesis examines works by major writers in both the literary'and legal t~aditions. With analysis of works by Philip Sidney, William Shakespeare, and John Milton, as well as by Hugo Grotius, Thomas Hobbes, Alberico Gentili and William P~nn, it explores the ground of civic humanism that was shared by literary writers, on one hand, and legal and political theorists, on the other-a shared ground that ultimately frustrates modern attempts to divide one from the other. Taking issue with anti-humanist literary paradigms like New Historicism that have been skeptical about law in general and international law, in particular, the thesis shows that turning to what the period called.the law ofnations can sharpen analyses of topics already fundamental to literacy scholarship, such as colonialism and nationalism; the literary articulation of equity, power, rights, and political obligations; categories oflegal personhood; ideas ofbarbarity and civilization; cosmopolitanism and globalization; and representation and recognition. It sheds new light on familiar texts such as Sidney's 'Arcadia, Shakespeare and Wilkins' Pericles, and Milton's Samson Agonistes-w9rks that grow in richness when we recognize that what was at stake for many writers was the very concept of international order. At the same time, texts often seen as marginal or anomalous to literary history like Hugo Grotius' poems or Thomas Hobbes' translations demonstrate surprising richness and imaginative depth once placed within debates and genealogies of international law. Tracing the fortunes of a humanist and literary way of thinking and arguing about global affairs, the thesis proposes a new dialogue between literary history and the history of international law.
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McComish, James. "Law, government and authority in mid-Tudor England 1540-1570." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:3af9ff5d-925f-477a-9747-092f1feeadbd.
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This thesis investigates legal and political authority in mid-Tudor England, using the operation of the legal system in Oxfordshire and Berkshire in the period from 1540 to 1570 as a case study through which to give context and content to more abstract forms of contemporary political thought. It seeks to address the broad question: how did people experience the civil—as opposed to the criminal—legal system, and what does this tell us about their understanding of authority? In so doing, it aims to shed light on mid-Tudor attitudes towards legality, limited government and the rule of law. The argument of the thesis is built up piece by piece. First, people in the Thames Valley engaged in a remarkable, and increasing, amount of litigation over the period in question, much of which was based on antecedent commercial transactions. Encountering the law, whether in its litigious or transactional forms, was thus a very common social experience. Second, despite their frequent interaction with the legal system, ordinary people perhaps knew less about the technical law than some historians have suggested. Third, even if technical legal knowledge was not widespread among the population, the complicated map of overlapping jurisdictions and rival legal institutions meant that ordinary people nonetheless cultivated a detailed mental map of their legal world. Boundaries mattered because jurisdiction and legal authority mattered. Fourth, partly because of their own lack of detailed technical knowledge, and partly because of the complicated legal landscape which they had to navigate, people sought out legal advice from professional advisers. Fifth, even if people frequently sought out professional legal advice, many people’s experience of the law (and of lawyers) was far more negative than their desire to seek out such advice might suggest. Seen in this light, the social utility of legal institutions was quite separate from their ability to provide an idealised standard of abstract justice.
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Crawford, Keith. "The law and economics of orderly and effective insolvency." Thesis, University of Nottingham, 2013. http://eprints.nottingham.ac.uk/13372/.
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What is effective insolvency law? Effective insolvency laws play an important role in the health of an economy, and particularly upon the framework of investment decisions. Understanding how this works is particularly relevant during a period of financial crisis. International Monetary Fund and World Bank guidelines for “Orderly and Effective” insolvency laws were intended to encourage law reforms that would stimulate investment by improving returns to investors in the event of insolvency. The guidelines were strongly influenced by an efficiency approach to insolvency. This approach posits that absolute priority for secured creditors is allocatively efficient and therefore the best means to achieve maximum social welfare. The guidelines also drew heavily on the principles and practices of ‘creditor friendly’ English law, seen by some as a paragon of efficient insolvency. But how accurate is this appraisal of English law or the impact of efficient insolvency? The Enterprise Act 2002 sought to develop a rescue culture by improving inclusivity and increasing distribution of both control and returns amongst stakeholders. Instead of reducing overall returns, as an efficiency model would suggest, research into insolvency outcomes suggests that the revised administration procedure may provide better returns to all groups of creditors, including secured creditors. This thesis uses empirical data to explore the limitations of an efficiency approach to insolvency, and explain why in a developed legal regime inclusivity improves returns by increasing the likelihood of effective rescue. The changes in English law are reflective of an increased private sector investment in informal workouts and a growing emphasis on reputational and relationship concerns. An element of redistribution and inclusivity will provide better global returns to investors than a slavish approach to secured creditor priority.
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Whittaker, Simon John. "The relationship between contract and tort : a comparative study of French and English law." Thesis, University of Oxford, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670368.
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Summer, Judith Penina. "Insurance law and the Financial Ombudsman Service." Thesis, University of Southampton, 2009. https://eprints.soton.ac.uk/67654/.
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This thesis is the only study there is of the workings of the Financial Ombudsman Service ('FOS') and a comparison between court and FOS attitudes and approaches to insurance cases. A court and the FOS may decide matters differently because the FOS does not have to apply the law strictly, whilst a court does. The author of this thesis has examined the FOS and Financial Services Authority ('FSA') websites, handbooks and other material, and all of the near monthly journals of Ombudsman News ('O.N.') since the FOS began in 2001, analysing it against the law to determine the question of this thesis: whether the FOS should in fact apply the law strictly, and not allow principles of fairness and reasonableness to override the law in the particular circumstances of a case. Should certainty of outcome and of applying law established and modified over hundreds of years be sacrificed to allow the FOS to apply its overriding discretion in the interests of justice in a relatively few cases? Should both insurers and insureds be able to obtain legal advice on their relative positions, without that advice having to mention unpredictable outcomes if the ombudsman chooses not to follow the strict legal position? If the law does not offer the consumer insured enough protection, should the FOS be the forum that does, and if so, does it give enough protection? This study does not look at the decisions of the Insurance Ombudsman Bureau ('IOB') which preceded the FOS. Where a point is not dealt with below, it has not been highlighted in FOS publications to date and it is unclear how relevant IOB decisions on that point will be.
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Child, John James. "Restructuring debate and reform in the criminal law : element analysis." Thesis, University of Birmingham, 2011. http://etheses.bham.ac.uk//id/eprint/1725/.
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This thesis explores the structure of the criminal law and, in particular, the structural device of element analysis. Building upon the classical actus reus/mens rea distinction, element analysis further sub-divides both parts of an offence into acts, circumstances and results. In doing so, element analysis offers advantages within the criminal law, both as a structure for legal discussion and analysis, and as a structure for law reform. In relation to the latter, recent reform of inchoate assisting and encouraging (as well as a range of Law Commission recommendations) has made use of element analysis to structure the reform of the general inchoate offences, requiring different levels of fault in relation to different offence elements. However, despite the increasingly important role played by element analysis, it remains a controversial device. Critics have exposed a lack of objectivity within the separation of elements, and an unacceptable level of complexity, particularly in relation to assisting and encouraging. Accepting much of their criticism, but rejecting the viability of the alternatives offered, this thesis therefore seeks to reinterpret and remodel element analysis in order to realise its potential
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Gronemeyer, Achim. "Der Vertrag zugunsten Dritter im englischen common law das mit der privity of contract einhergehende Verbot des Vertrages zugunsten Dritter unter Berücksichtigung des contracts (rights of third parties) act 1999 und seine Auswirkungen auf die bestehende Rechtslage." Frankfurt, M. Berlin Bern Bruxelles New York, NY Oxford Wien Lang, 2008. http://d-nb.info/994294700/04.
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Hay, M. A. "The criminal law of private defence in England, Scotland and France." Thesis, University of Edinburgh, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.234104.
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Devereux, John Anthony. "Competence to consent to medical treatment in England and Australia." Thesis, University of Oxford, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.358468.
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Psarras, Alkiviadis C. "Trade mark licensing in England and Greece : a comparative approach." Thesis, University of Kent, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.358920.
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Kaur, Jaswinder. "Choice of law rules for testamentary trusts." Thesis, University of Birmingham, 2014. http://etheses.bham.ac.uk//id/eprint/4978/.
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This thesis critically analyses the English choice of law rules for testamentary trusts. After outlining the research context (Chapter 1), the key concepts and terms for testamentary trusts in cross-border estates are introduced (Chapter 2). The dual system of choice of law rules (one for testate succession and the other for the trust) are discussed with reference to reads 'rocket and rocket-launcher' illustration that has been favoured by legislators and commentators alike. Thus, the current choice of law rules for testate succession matters are analysed in Chapter 3 and the choice of law rules for trusts are examined in Chapter 4. This leads to Chapter 5 concluding that the choice of law rules for the creation of testamentary trusts (the rocket-launching aspects) are particularly problematic. The discussion thereafter focuses on how the choice of law rules for the rocket-launching aspects of testamentary trusts could be improved with reference to the international and European reform attempts to legislate on succession and trusts, including the Hague Succession Convention and the European Succession Regulation (Chapter 6). Moreover, the limited UK reform attempts relevant to the choice of law rules for testamentary trusts are discussed in Chapter 7. Chapter 8 proposes recommendations for reform.
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Du, Plessis J. R. "The law of culpable homicide in South Africa : with reference to the law of manslaughter in English law and the law related to negligent killing in German law." Thesis, Rhodes University, 1987. http://hdl.handle.net/10962/d1003185.
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Culpable homicide is the unlawful negligent killing of a fellow human being. As such it is in many respects a 'residual' crime being the verdict prosecutors may expect when they are unable to prove the intention to kill when prosecuting for murder. A feature of this was that in the past when defences such as, for instance, intoxication or provocation were raised at murder trials, convictions of culpable homicide were almost automatic. In recent years, under the influence of the 'purist' current in our Criminal law, intoxication has become a defence to culpable homicide and provocation resulting in loss of self-control has also become a defence to culpable homicide. These developments are unacceptable to some writers on criminal law and a move away from the purist approach to the 'traditional' or pragmatic approach is to be expected. Greater emphasis will be placed on practical results than on the achievement of logical consistency. This could result in the law of culpable homicide becoming more socially effective than it is at present.
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Khan, Asma. "Parliament and the Chruch of England : the making of ecclesiastical law." Thesis, King's College London (University of London), 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.601750.
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McGlynn, Margaret. "The king and the law, Prerogativa regis in early Tudor England." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq35246.pdf.
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Solinas, Matteo Alfredo. "Legal evolution and hybridization : the law of shares transfer in England." Thesis, London School of Economics and Political Science (University of London), 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.551342.
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This is a study on comparative law and legal change. With a focus on corporate law and the law of personal property, it reviews the current state of the comparative debate on the evolution of law and seeks to establish new perspectives to explain the mechanism of legal reception. It finds the comparative discussions centred on the appropriateness of describing the movement of law from one country to another in terms of 'legal transplants' perplexing and lacking of a convincing inquiry on the reception process. In an attempt to fill that gap, this study contends that certain recent contributions on culture contact and culture change provide an attractive explanation for the circulation of juridical models across national boundaries. More precisely, this study argues that the notion of hybridity, as originated in postcolonial theory, offers a formidable conceptual means to examine the intricacies of legal evolution, to refine and to give content to the observation of the reception of law. The analysis in comparative jurisprudence put forward in this thesis does not rest exclusively on theoretical grounds. The complexities of the themes involved are explored and tested by focusing on a case study. This is the legal mechanism by which shares in companies are transferred in England under the direct and indirect holding systems.
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Bennett, Ronan A. H. "Enforcing the law in revolutionary England : Yorkshire, c.1640-c.1660." Thesis, King's College London (University of London), 1987. https://kclpure.kcl.ac.uk/portal/en/theses/enforcing-the-law-in-revolutionary-england--yorkshire-c1640c1660(6b309095-7869-4cbe-a6d0-9342344b0793).html.
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Gadsden, G. D. "The law relating to the common lands of England and Wales." Thesis, Bucks New University, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.375686.
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Grech, Diana Catherine. "Culture before law? : comparing bail decision-making in England and Canada." Thesis, University of Leeds, 2017. http://etheses.whiterose.ac.uk/19704/.
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This thesis examines the factors that contribute to the bail decision-making process in English and Canadian courts. Despite the fact that bail contributes to rising prison remand populations, influences the lives of legally innocent defendants, and is central to assessments of human rights, very little is known about this process. England and Canada were ideal jurisdictions with which to explore this issue as that their similar bail laws and divergent practices related to pre-trial custody reflected different patterns of bail decision-making. This research took place when Canada’s prison remand rates had been increasing over several decades and England had one of the lowest prison remand rates in the Western world. The objectives of the study were to identify the factors that contribute to bail decision-making, investigate how they converged and diverged between jurisdictions, understand the impact of the decision-making at the local level, and explore how the findings contribute to an understanding of the bail decision- making process in a wider context. It is argued that court culture is central to understanding bail decision-making but that it is shaped by broader views that are specific to the criminal justice processes in England and Canada. These views relate to values that developed in each jurisdiction as a result of the evolution of criminal justice ideology and guiding philosophies over time. The influence of these informal factors on the bail decision-making process were facilitated by the discretion afforded to court actors in their application of formal laws and policies, which enabled them to balance multiple competing principles whilst, in the main, remaining within the prescribed legal framework. This suggests that the factors contributing to bail decision-making are nuanced, varied, and interdependent and, as such, should not be examined individually but rather in terms of their interactive effects.
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Adam, William. "Dispensation and economy in the law governing the Church of England." Thesis, Cardiff University, 2009. http://orca.cf.ac.uk/54863/.
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There is general agreement amongst legal scholars and authorities that the law should be obeyed and should apply equally to all those subject to it without favour or discrimination. However, it is possible to see that in any legal system there will be situations when strict application of the law will produce undesirable results, such as injustice or other consequences not intended by the law as framed. In such circumstances the law may be changed but there may be broad policy reasons not to do so. The allied concepts of dispensation and economy grew up in the western and eastern traditions of the Christian church as mechanisms whereby an individual or a class could, by authority, be excused from obligations under a particular law in particular circumstances. These and similar methods, operating within a general assumption of obedience to the law, allow the strictness of the law to be tempered and obligations remitted with impunity. Besides the specific canonical concepts of dispensation and economy, discretion, custom, desuetude and deliberate inaction by enforcers can all function in the same way. Thus, whilst certainty and equality before the law are rarely if ever held not to be good, those in authority frequently have recourse to action akin to dispensation or economy for the prudent and just management of church and society. This thesis argues that dispensing power and authority exist within the Church of England as well as in other fields of contemporary law. The thesis is developed by examining the history of the concepts of dispensation and economy and by a series of case studies showing the development of these and other allied concepts.
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Khan, Asma. "Parliament and the Church of England : the making of ecclesiastical law." Thesis, King's College London (University of London), 2013. https://kclpure.kcl.ac.uk/portal/en/theses/parliament-and-the-church-of-england(62681079-4bb9-431c-85c7-5e427b945a04).html.
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This thesis examines one of the pillars of the constitutional link between Church and State. It focuses on the unique process by which Church legislations (Measures) are drafted by a legislative body of the Church (the General Synod) and presented to Parliament for approval. The thesis looks at the role played by Parliament and examines how well it performs this role. The responsibility for scrutinising Measures lies with a joint committee of both houses, the Ecclesiastical Committee. This Committee cannot amend a Measure and can only declare it expedient and present it before the House for approval or reject it. An analysis of this legislative process is missing in the current literature. This thesis aims to fill this gap and provide a study supported by case studies of this important legislative process. The first part of this thesis analyses this process in detail together with the role of the Ecclesiastical Committee. The case studies illustrate how parliamentary scrutiny of ecclesiastical measures has become more interventionist than the restrictive framework set up by the 1919 Enabling Act. The Appointment of Bishops Measure 1984 was passed by a deeply-divided Ecclesiastical Committee. Once the Measure reached the House of Commons, members of the Committee who had opposed it, presented their views before the House. The Measure was rejected by the Commons. The Clergy Ordination Measure 1989 faced a difficult passage through the Committee, as members were unhappy about the changed voting system used by the General Synod to pass this Measure. The Priests (Ordination of Women) Measure 1993 saw the Church having to concede to demands to include opponents to this Measure in the joint consultation process. The final case study is the Churchwardens Measure 2001, which was rejected twice by the Ecclesiastical Committee. Eventually the Measure was passed after the Church accepted all its recommendations. The third section with Comment and Analysis on the research addresses the wider context of Church-state relations today and the pressures and challenges upon the future of establishment and, with it, the place of Parliament in the making of ecclesiastical law. The greater scrutiny of ecclesiastical legislation has arguably ensured that the Church of England has been more open to broader opinions in society. On the other hand, the way in which the legislative procedure works has also sometimes enabled narrow interests in Parliament and in the Church to set the agenda or to block change. Although reform in the immediate future is unlikely, the link between Parliament and the Synod has been the object of criticism in some political and religious quarters (particularly from those who support disestablishment). At some point administrative changes to ecclesiastical law-making is likely. The thesis concludes that given the important role played by Parliament in legislating for the Church, misguided or badly structured reforms can have serious consequences for the established Church and the Monarchy to which it is so closely linked.
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Orr, Alan. "Sovereignty, state and the law of treason in England, 1641-1649." Thesis, University of Cambridge, 1998. https://www.repository.cam.ac.uk/handle/1810/273034.
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Bennett, Ronan A. H. "Enforcing the law in revolutionary England Yorkshire, c. 1640-c.1990." Online version, 1987. http://ethos.bl.uk/OrderDetails.do?did=1&uin=uk.bl.ethos.283797.
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Alghamdi, Khalid Ahmad. "Evolving standards of information disclosure : reform of Saudi Arabian medical law in the light of the developments of English law." Thesis, University of Glasgow, 2015. http://theses.gla.ac.uk/7926/.
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The major concern of this thesis is about the current professional standard of care under Saudi Arabian medical law, regarding doctors’ duty to disclose information and risks to competent adult patients about a proposed medical treatment. Additionally, the thesis has highlighted other legal deficiencies that occur as a result of applying the professional standard in Saudi Arabia and considered how reforms can be introduced, based on English law experience in a way that is in harmony with Islamic Sharia. The thesis has undertaken a novel approach by critically studying and comparing the current practice in Saudi Arabian medical law to the comparative English law approach. The reason for this is to provide a comprehensive legal literature review based on the extremely well- developed English law experiences in the same matters. Realising the significance of the principle of the respect for autonomy, the thesis has placed a noticeable emphasis on this principle by arguing that considering and respecting autonomy would lead the law to protect the patient’s autonomy and self-determination in a medical context. The thesis has argued that both Western and Islamic Sharia medical ethics have considered the notion of the respect for patients’ autonomy, but that consideration has been approached differently, as the thesis has shown. Further, the thesis has critically discussed how the English law standard of care has been developed in the last three decades, in order to move from the professional standard of care to a new standard that protects patients’ autonomy and self-determination. These developments and years of experience have provided sufficient arguments and supports for the thesis’s motion to recommend and suggest that Saudi Arabian medical law departs from the professional standard and adopts the prudent patient standard to protect patients’ autonomy in compliance with Islamic Sharia. In addition to proposing a legal formula for the prudent patient standard that can be adopted by Saudi Arabian medical law, this thesis has also proposed other formulas as solutions for other legal deficiencies, based on English law experience and in accordance with Islamic Sharia.
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Moschouri-Tokmakidou, Eleni. "Commercial letters of credit in England and in Greece." Thesis, University of Birmingham, 1996. http://etheses.bham.ac.uk//id/eprint/5103/.
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An analysis of the commercial letters of credit in England and Greece. Contents include the types of letters of credit, the legal relationships, shipping documents tendered under a letter of credit, transfer of the letter of credit, and the banker's security.
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Seymour, Jillaine. "Judicial response to the representative parties rule in England and Australia." Thesis, University of Oxford, 2001. https://ora.ox.ac.uk/objects/uuid:584cf9d7-4c22-4aee-97f2-4f82e327bb7c.
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Use of the representative parties rule in England and Australia has been stifled by restrictive interpretation of the circumstances in which it is available. Chapter 1 demonstrates that the predominant test in England for the 'same interest' required by the rule would, if consistently applied, defeat any claim to use the rule. The recent change of test in Australia widens the rule's potential scope but does not appear to have resulted in significantly more liberal interpretation. Chapter 2 discusses the rule's operation, including res judicata, the enforcement of judgments, and the protection of the interests of those represented and of the named parties. It concludes that the rule diverges from the traditional model of individual voluntary civil litigation, and is characterised by uncertainty. Chapter 3 argues that this uncertainty may have encouraged a defensive posture by the courts, limiting use of the rule and avoiding the need to address those issues which demand resolution. Chapter 4 notes that various features of the rule undermine a number of principles commonly associated with procedural fairness. It is argued that judicial response to these features often pays insufficient attention to two issues. The first is whether the purpose which the principle is expected to promote is in fact protected by the rule, even if the principle itself is undermined. The second is the need to balance the rule's limitation of some principles against its particular benefits. It is further argued that some successful representative claims exemplify circumstances in which the primary purpose of procedural law (accurate application of the substantive law) is served by the rule. Chapter 5 identifies other successful representative claims, particularly against representatives of the members of unincorporated associations, which, it is argued, ought to be viewed not as supporting accurate application, but rather as facilitating development, of the substantive law.
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Mantle, Greg. "Offender userism/consumerism in the probation service of England and Wales." Thesis, Anglia Ruskin University, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.287023.
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Choi, Michael. "Stellung des Urhebers und sein Schutz im Urhebervertragsrecht sowie im Copyright Contract Law : eine rechtsvergleichende Studie /." Hamburg : Kovač, 2007. http://www.verlagdrkovac.de/3-8300-2822-9.htm.
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Viskorf, Stephan. "Informationsschutz im englischen Recht : Darstellung des "Law of Breach of Confidence" /." Hamburg : Kovac, 2004. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=010736506&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Chandler, Abby. "At the Magistrate's Discretion: Sexual Crime and New England Law, 1636-1718." Fogler Library, University of Maine, 2008. http://www.library.umaine.edu/theses/pdf/ChandlerA2008.pdf.
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