Articles de revues : « Law – Kingdom of the Two Sicilies – History »

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De Lorenzo, Renata. « España y el Reino de las Dos Sicilias : comunicación y competición de espacios simbólicos durante la Restauración Spain and the Kingdom of the Two Sicilies ; communication and competition of symbolic spaces during the Restoration ». Historia Constitucional, n^o 20 (2 mai 2019) : 117. http://dx.doi.org/10.17811/hc.v0i20.588.

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Gentile, Pierangelo. « Borbone vs Savoia : monarchie alla prova del Risorgimento ». PASSATO E PRESENTE, n^o 115 (février 2022) : 215–22. http://dx.doi.org/10.3280/pass2022-115014.

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The recent historiography of the Bourbon and the Savoy highlights many works in pro-gress on the study of the Risorgimento and anti-Risorgimento. On this topic Marco Meriggi dedicates his new volume to uncostitutional petitions of the Kingdom of Two Sicilies and suggests reflecting on the political role of pre-unification monarchies.

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D'Amora, Rosita. « Gift Exchanging Practices between the Kingdom of the Two Sicilies and the Ottoman Empire : ‘Cose Turche’ and Strange Animals ». Cromohs - Cyber Review of Modern Historiography 24 (8 juin 2022) : 108–22. http://dx.doi.org/10.36253/cromohs-13645.

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Between August 1741 and the spring of 1743, following the conclusion of a treaty between the Kingdom of the Two Sicilies and the Porte, Naples became the stage of a series of attentively choreographed events starring two special guests: Hacı Hüseyin Efendi, an envoy of the sultan Mahmud I and an elephant, presented as a sultan's gift to the King Charles of Bourbon. Both guests became a public spectacle, aroused great curiosity, and generated many written and visual responses. Resorting to both the Neapolitan court-sponsored textual and visual reconstructions and to unpublished archival documents, this article shows how the both on- and off-stage performances arranged to present the envoy, and the sultan's gifts, had the clear intent of leaving a long-lasting impression on the new Ottoman ally, but also aimed to assert the power of the Bourbon king inspiring sentiments of wonder, admiration and devotion in his subjects.

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CARBONE, LUCIANO, FRANCO PALLADINO et ROMANO GATTO. « PER UN ARCHIVIO DELLA CORRISPONDENZA DEGLI SCIENZIATI ITALIANI ». Nuncius 15, n^o 2 (2000) : 681–719. http://dx.doi.org/10.1163/182539100x00100.

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Abstracttitle SUMMARY /title Federico Amodeo (1859-1946) was a mathematician and a historian of the mathematical sciences. As a mathematician he was "libero docente" at the University of Naples. His interests extended from projective to algebric geometry and his mathematical research was carried out for the most part from the mid-1880s until the end of the nineteenth century. As a historian he was active from the first years of the twentieth century until his death. In this capacity he was interested in mathematics, mathematicians and institutions in the Kingdom of Naples (later the Kingdom of the Two Sicilies, from 1815), and also in the historical development of analytical and projective geometry and the history of conic sections. He held the chair in History of Mathematics in the University of Naples from 1905 until 1910, the year in which the chair was suppressed. Nonetheless he continued to teach this subject as a "libero docente" until 1923. Here we present the list of more than 1.300 writings, constituting his Correspondence, amongst which the letters of Castelnuovo, Pascal, Peano, Segre and Achille Sannia are of particular significance. We also present the complete list of his publications, reconstructed thanks to the consultation of incomplete printed bibliographies and a manuscript list.

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Bacchin, Elena. « Political Prisoners of the Italian Mezzogiorno : A Transnational Question of the Nineteenth Century ». European History Quarterly 50, n^o 4 (octobre 2020) : 625–49. http://dx.doi.org/10.1177/0265691420960378.

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Through a case study of a group of Neapolitan political activists incarcerated in Naples after the 1848 Revolution, this article aims to rescue the Italian convicts’ experience from its subsidiary status, presenting the prisons as a site of struggle and in particular highlighting the international, European dimension of political imprisonment in the nineteenth century. I argue that together with the exiled, political prisoners also acted as transnational actors of the Risorgimento; they aroused the interest of both public opinion and the world of diplomacy and were perceived as a humanitarian cause. Neapolitan political prisoners became spokespersons of their national and political cause abroad, had a clear agency and exploited European public opinion. This study will thus explore the dynamics of the Risorgimento from a transnational perspective, as well as in relation to British and French imperialistic policies in the Mediterranean, the international de-legitimization of the Kingdom of the Two Sicilies, and more generally in terms of foreign humanitarian interventions in the nineteenth century and the role of political prisoners. The Neapolitan dungeons were not significantly different from those of other European states; however, they became the target of international diplomacy showing how Naples was considered somewhat in between European and non-European states.

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Rodríguez-Salgado, M. J. « Christians, Civilised and Spanish : Multiple Identities in Sixteenth-Century Spain ». Transactions of the Royal Historical Society 8 (décembre 1998) : 233–51. http://dx.doi.org/10.2307/3679296.

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In January 1556 Charles V renounced his rights to the Iberian kingdoms and passed them on to his son, Philip, who at once assumed the title of King of Spain. To his surprise and consternation, the English council refused to endorse it and pertly reminded him that the Kingdom of Spain did not exist. While the title had long been used, and almost every language had an equivalent for Spain and Spanish, the truth was that legally there was no such entity. Philip II's will reflected this judicial reality. He was, ‘by the grace of God, king of Castile, Leon, Aragon, the Two Sicilies, Jerusalem, Portugal, Navarre, Granada, Toledo, Valencia, Galicia, Mallorca, Seville, Sardinia, Cordoba, Corsica, Murcia, Jaen, Algarve, Gibraltar, the Canary Islands, the Eastern and Western Indies, the islands and terra firma of the Ocean Sea; archduke of Austria; duke of Burgundy, Bravant and Milan; count of Habsburg, Flanders, Tirol, Barcelona; Lord of Biscay, Molina etc.’. This lengthy litany partly explains why he and all his contemporaries habitually resorted to the title King of Spain as convenient short-hand. As we will see, however, there was more to it than simple utility. The terms were used because they were broadly understood and accepted. But it will be apparent at once that the concept of a specific Spanish identity in the sixteenth century is likely to be particularly problematic since Spain did not exist.

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Wormald, Patrick. « Anglo-Saxon Law and Scots Law ». Scottish Historical Review 88, n^o 2 (octobre 2009) : 192–206. http://dx.doi.org/10.3366/e0036924109000857.

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Patrick Wormald used legal material buried deep in volume i of the Acts of the Parliaments of Scotland to argue for a comparatively maximalist view of early Scottish royal government. The paper compares this Scottish legal material to two Old English codes to show that there existed in Scotland structures of social organisation similar to that in Anglo-Saxon England and a comparable level of royal control over crime by the early eleventh century. The model of a strong judicial regime in the Anglo-Saxon kingdom, put forward fully by Wormald in volume i of The Making of English Law, suggests that the kingdom of the Scots could have been inspired by (or followed a parallel trajectory to) its Anglo-Saxon neighbour in its government's assumption of rights of amendment previously controlled by kin-groups. English influence on Scottish legal and constitutional development can therefore be seen in the tenth and eleventh centuries as much as it can in the twelfth and thirteenth centuries. The paper also suggests methods of examining the legal material in volume i of the Acts of the Parliaments of Scotland and effectively clears the way for further study of this neglected corpus of evidence.

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Simpson, Emile. « States and Patrimonial Kingdoms : Hugo Grotius’s Account of Sovereign Entities in The Rights of War and Peace ». Grotiana 39, n^o 1 (18 décembre 2018) : 45–76. http://dx.doi.org/10.1163/18760759-03900003.

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In this article I set out Hugo Grotius’s account of sovereign entities in the De Iure Belli ac Pacis (The Rights of War and Peace, 1625). In so doing, I seek to challenge a claim not uncommonly encountered in the recent historiography of the work, namely, that Grotius had no account of the state therein. In challenging that claim, I will make a further claim that while Grotius did have an account of the state, it was only one of two forms of sovereign entity, the other being the patrimonial kingdom. While this last claim is occasionally encountered in terms of a distinction between forms of government, I go further, on the basis that the distinction identifies a fundamental conceptual difference between free and unfree nations, which speaks not only to the form of government, but to the nature of the sovereign entity itself. Furthermore, it is my contention that through the patrimonial kingdom, Grotius was able to account for empire. 1

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Lahav, Pnina. « A “Jewish State…to Be Known as the State of Israel” : Notes on Israeli Legal Historiography ». Law and History Review 19, n^o 2 (2001) : 387–433. http://dx.doi.org/10.2307/744134.

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In 1953 a musical titledThe Adventures of Nasseradinopened in Tel Aviv. One of its tunes, the “Song of Law,” had music and lyrics so appealing that overnight it became the most popular song in Israel. The subject of the lyric was a tyrant, the Emir of the Kingdom of Buchara. Two brothers were arguing over a pot, and the Emir in his capacity as judge, presided over their trial. His decree: plaintiff and defendant should be executed and the pot thrown into the royal treasury.

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Mittica, M. Paola. « Le traduzioni su Zaleuco. Storia politico-sociale di un codice e di un legislatore leggendari ». SOCIOLOGIA DEL DIRITTO, n^o 3 (février 2009) : 83–112. http://dx.doi.org/10.3280/sd2008-003003.

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- Zaleucus is known to modern historical-legal and philosophical-political literature as the author of the first written code of laws, dating back to the foundation of Epizephyrian Locri in the seventh century BC. The history of these laws, which were drawn up before those of Draco and more extensive, is found in several stories about the city dating back as far as the fourth century BC in Greece. These records are short, fragmentary, often contradictory and scattered in space and time across a multiplicity of sources that provide no coherent picture of the historical and political situation of the Locri colony at the time of its foundation. Even the question of Zaleucus' very existence is enveloped in mystery. As for the celebrated laws of Epizephyrian Locri, while they are sometimes attributed to Zaleucus, on other occasions they seem to be no more than the fruit of good government. Aware that it is only possible to identify narratives, but also of their value for the purpose of tracing stories of a legal nature and their social and cultural function, the author's aim is to restrict her analysis to piecing together some of the threads that contribute the weaving of the pattern. Most of the traditions taken into consideration can be ascribed to the period from the fifth to the third centuries BC and concern not only Zaleucus himself, but the context of the culture of and knowledge about Epizephyrian Locri and its laws. In conclusion, this story's great relevance in modern times is illustrated by examining a reconstruction of Zaleucus' Code made in 1800 by one Bonaventura Portoghese, a royal judge of the Kingdom of the Two Sicilies and an enthusiastic scientist and archaeologist.

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Asni, Asni. « Peran Peradilan Islam dalam Penegakan Hukum Islam di Kesultanan Buton ». AL-'ADALAH 14, n^o 1 (29 décembre 2018) : 81. http://dx.doi.org/10.24042/adalah.v14i1.1938.

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This article tries to reveal the existence of the Islamic Courts in the Sultanate of Buton to measure the extent of its role in the enforcement of Islamic Law in the past. History explains that when Islam entered the territory of Southeast Sulawesi, the kingdom of Buton changed its status to Buton Sultanate and applied Islamic law throughout the empire. Using historical approach, the researcher succeeded in revealing the fact that in the area of the past Sultanate of Buton, once stood two institutions of Islamic Court named Syarana Adati and Syarana Hukumu or Syarana Agama. The authority of Syarana Adati was to deal with criminal cases where as Syarana Hukumu or Syarana Agama took care of certain civil cases such as marriage, divorce and inheritance. Despite the separation of authority, the two institutions can be categorized as Islamic Courts because the legal system used as a backdrop was Islamic Law. The study also finds out that the two institutions play a significant role in the upholding of Islamic law in the past as they were supported by the kingdom, and a strong legal culture both among law enforcers and in the community

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Švecová, Adriana. « Švecová, Adriana, Deutsch-slowakische interlinguale Parallelen in der Erbrechtsterminologie am Beispiel der Tyrnauer Bürgertestamente des 18. und der ersten Hälfte des 19. Jahrhunderts ». Zeitschrift der Savigny-Stiftung für Rechtsgeschichte : Germanistische Abteilung 136, n^o 1 (26 juin 2019) : 229–60. http://dx.doi.org/10.1515/zrgg-2019-0008.

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Abstract The Interlingual German-Slovak Parallels in the Law of Succession Terminology of the Trnava Burgher Testaments from the 18th and 19th Centuries. The author focused on the terminology related to German and Slovak testaments from the 18th and 19th centuries, which can be found in the Slovak State archive in Trnava (town in the northern part of the Hungarian Kingdom, more precisely in its part called Upper Hungary which is the present-day Slovakia). The terms’ analysis was descriptive and comparative. The the research analyzes the historical language (gained through archival research), it reflects the legal-historical background and the relation of language and terminology. This research paper is of comparative character and gives evidence of how German language influenced the Slovak language due to interlingual coexistence of these two ethnic groups, dominant in the urban areas of the Upper Hungary region, i.e. the present-day Slovakia.

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Knox, R. Buick. « A Scottish Chapter in the History of Toleration ». Scottish Journal of Theology 41, n^o 1 (février 1988) : 49–74. http://dx.doi.org/10.1017/s0036930600031276.

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The year 1988 is the tercentenary of the accession of William and Mary to the throne of England at the invitation of the English Parliament. In 1689 the Estates of Scotland invited them to the Scottish throne. Their accession has been called a Revolution and it made a decisive change in the constitutional and ecclesiastical situation in both countries. Henceforth, the monarchy could not claim to rule solely by divine right. The hereditary principle still operated and the panoply of coronations retained many echoes of a divine commission, but monarchs now ruled within the law and were accountable to the parliaments of the two kingdoms and after 1707 to the parliament of the United Kingdom.

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SOWIŃSKA, Danuta. « Warszawa i Lublin jako główne ośrodki obywatelskiego wymiaru sprawiedliwości w Królestwie Polskim w 1915 r ». Historia i Świat 4 (16 septembre 2015) : 305–36. http://dx.doi.org/10.34739/his.2015.04.15.

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The emergence of civil justice after the evacuation of Russians from the Polish Kingdom in 1915. This is one of the most important moments in the history of Polish judiciary. After more than a century of power invaders there is a chance to regain control over the administration and the judiciary. Polish lawyers had hoped that the occupiers leave the judiciary in their hands. Warsaw and Lublin - the fastest two centers operating in the Kingdom have become a role model for other courts. Regulations approved by the Committee of Citizens in Warsaw described the organization of the local judicial institutions. Its provisions became a model for the courts of Lublin, modifications resulted only from local relations. In addition to the changes in the organization and structure of the judiciary was introduced innovations in the rules of substantive law, both civil and criminal. They eased and modernize the existing legislation of the Russian case studies. The need for the establishment of the civil courts, as well as their functioning efficiently also testified by the number of pending cases. Polish lawyers hope to permanently take over the judiciary in the Kingdom were quickly snuffed out by the occupation authorities. Both in Warsaw and Lublin Polish citizens' initiative was considered as illegal and brought to its liquidation. However, experience has resulted in a few weeks on September 1 IX 1917 at the time of the recovery from the hands of the occupiers of justice.

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Raumnauth, Darsheenee, et Roopanand Mahadew. « Assessing the responsibilities of the United Kingdom and Mauritius towards the Chagossians under international law ». Afrika Focus 29, n^o 2 (26 février 2016) : 39–57. http://dx.doi.org/10.1163/2031356x-02902004.

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This article reviews the obligations under international law of the United Kingdom and Mauritius towards the Chagossians. With the detachment of Chagos from Mauritius as an essential condition for the independence of Mauritius from the British colonial master, the Chagossians have, over the past four decades, endured enormous human rights violations . This article assesses the responsibility of the two states vis-à-vis the Chagossians. A comprehensive factual account is first presented to clarify understanding of the history of Chagos. The legal framework is then analysed to assess the responsibility of each state, before a number of recommendations are made.

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Veress, Emőd. « Integration of Transylvania into Romania from the Perspective of Private Law (1918−1945) ». Acta Universitatis Sapientiae Legal Studies 9, n^o 2 (15 janvier 2021) : 347–61. http://dx.doi.org/10.47745/ausleg.2020.9.2.07.

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In the following study, we present the legal history of Transylvania following the unification of this territory with Romania at the end of the First World War, and until the installation in Romania of the Soviet-type dictatorship. The heterogeneity of the Romanian legal system resulting from the country’s territorial gains is discussed as well as the various attempts at integrating Transylvanian law into the nascent legal order of Greater Romania. We also present the short interregnum in which Hungarian private law was again applied between 1940 and 1944. The Romanian legislator, facing the imperative necessity of creating a unified national legal order, had the choice of two paths: extend the already outdated laws of the Old Kingdom of Romania to the newly acquired territories or adopt new unitary laws. Both paths were taken depending on the field of law and the historical period concerned, as presented. Finally, the legislator opted for the extension of the laws of the Old Kingdom at the end of the Second World War, even in fields where better-quality norms were enacted during the reign of King Carol II but were never implemented.

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Yuspin, Wardah, et Nur Ilmi Putri Febriyanti. « History, Development of Commercial Law in Indonesia and Their Correlation with the Book of Civil Law ». International Journal of Social Science Research and Review 5, n^o 9 (28 septembre 2022) : 551–58. http://dx.doi.org/10.47814/ijssrr.v5i9.598.

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This article discusses the history and development of commercial law in Indonesia and its correlation with the civil code law. This article uses literature research. Commercial law is the law that regulates the behavior of humans who participate in trading for profit or the law that regulates legal relations between humans and legal entities with each other in the trading field. Generally, the development of commercial law is divided into three stages, namely the lex mercatoria period in the Middle Ages, the incorporation of the lex mercatoria into the national legal system, and the new lex mercotaria period. In essence, lex mercotaria is a concept in Latin that is used to communicate a set of principles or principles that apply to traders in Europe in general. When viewed from the perspective of its function, lex mercotaria is actually an international trade law which, among other things, emphasizes the separation of assets and contractual freedom, applies to traders from various parts of the world who establish trade relations with the citizens of the kingdom along the route that crosses the boundaries of territorial sovereignty. . based on the principle of concordance, the KUHD Netherland 1838 became an example for the making of the Indonesian KUHD in 1848. Initially, commercial law was based on civil law. However, over time the commercial law codified the legal rules so that the Commercial Law Code was created which is now independent or can be said to be separate from the Civil Law Code. The Commercial Law Code has a relationship with the Civil Law Code as explained above that as a result of the codification, commercial law is part or a branch of civil law, but in a more specific form. Thus, the Civil Code becomes a special source of civil law. The relationship between the two laws is the genus (general) and species (special).

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Mosse, David. « Outside Caste ? The Enclosure of Caste and Claims to Castelessness in India and the United Kingdom ». Comparative Studies in Society and History 62, n^o 1 (janvier 2020) : 4–34. http://dx.doi.org/10.1017/s0010417519000392.

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AbstractCaste has always generated political and scholarly controversy, but the forms that this takes today newly combine anti-caste activism with counter-claims that caste is irrelevant or non-existent, or claims to castelessness. Claims to castelessness are, in turn, viewed by some as a new disguise for caste power and privilege, while castlessness is also an aspiration for people subject to caste-based discrimination. This article looks at elite claims to “enclose” caste within religion, specifically Hinduism, and the Indian nation so as to restrict the field of social policy that caste applies to, to exempt caste-based discrimination from the law, and to limit the social politics of caste. It does so through a comparative analysis of two cases. The first is the exclusion of Christian and Muslim Dalits—members of castes subordinated as “untouchable”—from provisions and protections as Scheduled Castes in India. The other case is that of responses to the introduction of caste into anti-discrimination law in the UK. While Hindu organizations in the UK reject “caste” as a colonial and racist term and deploy postcolonial scholarship to deny caste discrimination, Dalit organizations, representing its potential victims, turn to scholarly discourse on caste, race, or human rights to support their cause. These are epistemological disputes about categories of description and how “the social” is made available for public debate, and especially for law. Such disputes engage with anthropology, whose analytical terms animate and change the social world that is their subject.

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Berer, Marge. « Prosecution of female genital mutilation in the United Kingdom : Injustice at the intersection of good public health intentions and the criminal law ». Medical Law International 19, n^o 4 (décembre 2019) : 258–81. http://dx.doi.org/10.1177/0968533220914070.

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Female genital mutilation (FGM) is a harmful traditional practice and a serious public health issue in the countries where it is carried out. It is also a violation of the rights of the girls to whom it is done. The main action taken in the United Kingdom to stop FGM, has been to criminalise it. Public health measures, such as the provision of specialist clinics for those who experience complications of FGM have been implemented as well, and some education in schools is provided. This article is about the injustice that has arisen from the pursuit of prosecutions for FGM in the United Kingdom, in spite of good public health intentions. Since 2012, there have been four criminal cases, several arrests that never came to trial, and for reasons of safeguarding, an unknown number of investigations with the threat of girls being taken into care, and people stopped from travelling with girl children to visit their families in FGM-practising countries. To date, only one criminal case in 2019 – R v. N (FGM) – which is the main subject of this article, has resulted in a guilty verdict. This article outlines this history in relation to the criminal law and uses courtroom observation to analyse what happened in the 2019 case in detail. It argues that the conviction depended on medical opinion and the highly uncertain evidence of two children and was influenced by a spurious link to witchcraft that should never have been permitted in the courtroom. It argues that this conviction is unsafe and should be appealed. It further argues that to use protection orders only because a child’s mother had FGM, in the absence of any evidence of risk, is discriminatory and a form of impermissible racial/ethnic profiling. The article concludes that the United Kingdom should stop recording a history of FGM in women seeking healthcare. It calls for the current law against FGM to be reconsidered and replaced with positive measures for countering FGM which have the support and involvement of the community groups to whom they are addressed.

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Davison, Rosena. « A French Troupe in Naples in 1773 : A Theatrical Curiosity ». Theatre Research International 10, n^o 1 (1985) : 32–46. http://dx.doi.org/10.1017/s0307883300010476.

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On January 2nd 1773 the abbé Galiani wrote to his friend in Paris, Mme d'Epinay: ‘Qu'on voie Paris et Naples, on verra une légère esquisse du tout et du néant.’ He is referring to the dearth of interesting people and events he found on returning to his native Naples, in contrast to the flourishing social and cultural life which he had enjoyed with his many friends in Paris. Forced to leave the post he had held for ten years as secretary to the ambassador of the Kingdom of Two Sicilies because of a diplomatic blunder, Galiani dreaded his return to Naples, and his letters constantly complain of the intolerable conditions of what he termed his ‘exile’. While prone to a certain amount of exaggeration in his letters – thereby hoping to provoke sympathy amongst his Parisian correspondents – Galiani nevertheless had cause to complain of the intellectual ‘desert’ in which he now found himself. This is how he expressed it to Mme d'Epinay, his closest and most faithful correspondent:Si vous ne me rendez pas ma gaîté, je n'écrirai plus à personne; car ici je n'ai rien qui me tourmente, si ce n'est que je n'ai ni d'amusements, ni de plaisirs, ni d'amis, ni d'écoliers, ni de dîners, ni de soupers, ni d'argent, ni de vanité, ni de gaîté, ni d'affaires agréables, ni d'amours. (I, 50–1)It is therefore not surprising that an unusual theatrical event in Naples shook him out of the apathy into which he had retreated, and temporarily at least filled the Neapolitan ‘néant’ of which he complained. This was the arrival of a French theatre company; and for approximately two and a half months, from early January to mid-March 1773, Galiani's letters to Mme d'Epinay were almost entirely devoted to what he enthusiastically called his ‘Gazette des Spectacles’. The event could not fail to capture his undivided attention. The company, directed by Sennepart, was to perform seventeenth- and eighteenth-century French plays at the Teatro dei Fiorentini. Apart from delighting Galiani, this brief episode of theatrical history provides us with some interesting insights into the taste in drama, both French and Italian, at the mid-way point of the second half of the eighteenth century. In this article we propose to examine the choice of plays, and the reactions of the Neapolitan audiences, as reported by Galiani who, with his thorough and up-to-date knowledge of the French theatre and of the milieu which had inspired it, frequently amazes (and amuses) us with the perspicacity of the comments in his ‘Gazette’.

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Zahn, Rebecca. « Trade Unions and New Member State Workers in Germany and the United Kingdom ». International Journal of Comparative Labour Law and Industrial Relations 27, Issue 2 (1 juin 2011) : 139–64. http://dx.doi.org/10.54648/ijcl2011011.

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This article compares German and British trade union responses in a European context following the European enlargements in 2004 and 2007 that are unprecedented in the history of the European Union (EU). In particular, this article examines two case studies to explore how trade unions have responded to increased migration following the enlargements. Increased migration has created a number of problems for trade unions that are examined in the case studies. The findings of the case studies are used to undertake a contextualized comparison of trade union behaviour in responding to the changing regulatory and opportunity structures that present themselves following the enlargements. Account is taken of the role that trade unions adopt within their national legal systems, as well as of the effects of the EU's policy of Europeanization on national trade unions. This article concludes by elaborating a number of recommendations based on the analysis.

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Vacura, Miroslav. « Three concepts of natural law ». Filozofija i drustvo 33, n^o 3 (2022) : 601–20. http://dx.doi.org/10.2298/fid2203601v.

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The concept of natural law is fundamental to political philosophy, ethics, and legal thought. The present article shows that as early as the ancient Greek philosophical tradition, three main ideas of natural law existed, which run in parallel through the philosophical works of many authors in the course of history. The first two approaches are based on the understanding that although equipped with reason, humans are nevertheless still essentially animals subject to biological instincts. The first approach defines natural law as the law of the strongest, which can be observed to hold among all members of the animal kingdom. The second conception presents natural law as the principle of self-preservation, inherent as an instinct in all living beings. The third approach, also developed in antiquity, shifts the focus to our rationality and develops the idea of natural law as the law of reason within us. Some Christian thinkers who consider the origin of reason in us to be divine, identify the law of reason inherent in us with God?s will. This paper gives a brief exposition of the development of these three concepts of natural law in philosophy, with emphasis on the intertwining of these three concepts, which we, however, understand as primarily and essentially independent. The paper concludes with an overview of twentieth-century authors who exclusively focus on only one of the three concepts. The aim of this article is to argue against these one-sided interpretations and to uphold the independence and distinctness of the three historical conceptions of natural law.

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Erotokritou, Chrystel, et Sofia Michaelides-Mateou. « Flying into the Future with UAVs : The Jetstream 31 Flight ». Air and Space Law 39, Issue 2 (1 avril 2014) : 111–29. http://dx.doi.org/10.54648/aila2014009.

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In April 2013, the first Remotely Piloted Aircraft System (RPAS) with two persons on board flew 500 miles in the non-segregated United Kingdom airspace at the same time as other commercial flights were being operated. On that day a new chapter in aviation history was written. This revolutionary flight reflects the rapidly expanding use of RPAS for civilian use and simultaneously raises several complex legal issues. The safe and legal operation of an aircraft is a complex task and even more so in cutting edge technological developments which thrust aviation into a new era. Proposed legislative enactments in Europe and in the United States are paving the way for the imminent integration of RPASs into non-segregated airspace by 2015 and 2016 respectively. The aim of this paper is to outline some of the complexities inherent in the operation of this pioneering flight related to, inter alia, safety, security, liability and insurance, privacy and protection of third parties. Furthermore, the paper highlights lacunae in the current legal framework and lastly, suggests possible ways to address these issues at the international, European and national level.

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O’Sullivan, Michael. « Paper Currency, Banking, and Islamic Monetary Debates in Late Ottoman and Early Saudi Arabia ». Journal of the Economic and Social History of the Orient 63, n^o 3 (13 avril 2020) : 243–85. http://dx.doi.org/10.1163/15685209-12341512.

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Abstract This article examines the Saudi government’s refusal to introduce paper currency until 1956 against the backdrop of two developments: First, the composition of a number of treatises written by Muslim scholars in the late Ottoman and early Saudi Hijaz and Najd permitting use of the medium; second, the unsuccessful effort by several Muslim entrepreneurs to create formal banking facilities in the Hijaz between the 1920s and 1950s. Throughout these decades, as the Saudi regime repeatedly claimed that paper currency violated Islamic orthodoxy because it was a bearer of interest, these scholars argued forcefully for the medium’s legitimacy by mobilizing the legal sources of their particular school of law (madhhab). This contrast reflects how the religious politics of the kingdom departed from both Ottoman precedents and other contemporary Islamic contexts in which paper currency was widely assimilated via the assent of Muslim legal scholars. The regime’s tepid support for, or outright obstruction of, the creation of formal banking facilities that issued paper currency further exacerbated this divergence. In the end, because of such inconsistency it required technocratic institutions like the IMF and ARAMCO to introduce paper currency and a formal banking system into the kingdom from the mid-1950s.

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Abdullah, Apnizan, Shahrul Mizan Ismail et Halila Faiza Zainal Abidin. « The Role of Shariah Law in Islamic Financial Contracts in the UK and the US : A Comparative Analysis ». ICR Journal 8, n^o 2 (15 avril 2017) : 244–55. http://dx.doi.org/10.52282/icr.v8i2.198.

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The adoption of the doctrine of secularism in the United States of America (USA) and the United Kingdom (UK) is clear. Secularism separates human activities in the public sphere from religion. In Western countries, the development of Islamic finance, which stands on the principles of Shariah, could be impeded due to this doctrine. This is because, in Islam, religion is part and parcel of human life. Unlike the US, the UK has made certain efforts to accommodate Islamic finance needs by amending its regulatory structure. Adequate regulatory set ups for Islamic finance in both countries are very crucial, particularly in the UK, since its government aims to promote London as the hub for Islamic finance in Europe. Therefore, in view of the importance of these two giant financial jurisdictions, this study aims to provide a comparative legal analysis of the position of Shariah in Islamic financial contracts in the UK and the US. In particular, this study highlights the legal and judicial treatments made by the courts in both countries pertaining to the subject matter. This study concludes by highlighting the present position of the subject matter.

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Barber, Brian. « NOTES AND DOCUMENTS : AN ITALIAN CONSPIRATOR IN EXILE : THE MEMOIRS OF CAVALIERE GIOVANNI BATISTA TESTA (1798-1882) ». Archives : The Journal of the British Records Association 56, n^o 2 (1 octobre 2021) : 123–48. http://dx.doi.org/10.3828/archives.2021.9.

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One of the earliest European uprisings against the post-Napoleonic governments imposed by the Congress of Vienna occurred in 1821. This article relates to one of the casualties of the uprising. Few would have been aware that the unassuming Italian refugee Giovanni Batista Testa, living as a language teacher in Doncaster for over five decades from 1825, had played a part in the early events of the Risorgimento. Abandoning his post in a leading law firm in Turin, he became involved in the unsuccessful constitutionalist insurrection there in the spring of 1821 and was obliged to flee for his life. He subsequently became a historian of twelfth-century Lombardy, and achieved reconciliation with his country through the award of a knighthood in 1854 by the Kingdom of Sardinia for this achievement. He later received a second knighthood from the new kingdom of a united Italy. Before his return to Italy in 1881 he dictated an autobiographical memoir describing his four years of transition from Italy to England between 1821 and 1824 and some significant aspects of his subsequent life up to the date of his first knighthood. The memoir is of sufficient interest to merit republication two centuries after its principal events took place. This preliminary commentary focuses upon the English context of his narrative and continues his story up to his death.

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Ziętek, Agata Wiktoria. « Hongkong — Specjalny Region Administracyjny Chińskiej Republiki Ludowej i praktyczna realizacja politycznej idei „jedno państwo — dwa systemy” ». Przegląd Sejmowy 5(160) (2020) : 153–69. http://dx.doi.org/10.31268/ps.2020.70.

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On 1 July 1997, the United Kingdom officially handed over the territory of Hong Kong to the People’s Republic of China. This event had a symbolic meaning. It marked the end of a stage in China’s history which began in the middle of the 19th century and was described as a time of humiliation. Hong Kong was supposed to be an example of practical implementation of Deng Xiaoping’s political concept of “one country, two systems”, which assumed the possibility of functioning of different economic and political systems in one country. Despite the passage of time, questions remain as to what China’s attitude to the regained territory will be; to what extent the provisions of the 1984 agreement signed between the governments of the People’s Republic of China and the United Kingdom and the 1990 Basic Law for the region will be respected by China, and thus what the political, economic and social situation in Hong Kong will look like until its complete reintegration, i.e., by 2047, and what the future of Hong Kong will be.

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', Adlin, et Ali Yusri. « Lembaga Adat Di Daerah Aliran Sungai Singingi ». Nakhoda : Jurnal Ilmu Pemerintahan 18, n^o 1 (22 novembre 2019) : 1. http://dx.doi.org/10.35967/jipn.v18i1.7801.

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The existence of adat institutions is recognized in the government system of the Unitary Republic of Indonesia. This includes traditional institutions that exist at the village level. In the regulation of the Minister of Home Affairs No. 18 of 2018 concerning Village Social Institutions and Village Adat Institutions, it is stated that the village customary institution or other designation is an institution that carries out the customs function and forms part of the original arrangement of the village that grows and develops on the initiative of the village community. Singingi River Basin Formerly a kingdom called the Singingi kingdom which has a complete structure down to the country or village under its shelter. An interesting phenomenon is that the king in the Singingi River Basin is held by two people who have the title Datuk Khalifah. This study aims to explain history so that the emergence of two kings in the Singingi sect and describe the structure of traditional institutions in the country under its aegis. The theory used is the Geneological-Territorial customary law community alliance theory. The study used a qualitative method with the documentation method and was strengthened by conducting interviews with 8 informants and then analyzed through data triangulation. The research findings show that the Singingi river basin was formed based on geneological and territorial ties. The structure of adat institutions in each country modeled on the structure of adat institutions at the center of the kingdom, although there were variations in the application in each country.

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Mckeown, Annette, Jane Clarbour, Rebecca Heron et Nicholas D. Thomson. « Attachment, Coping, and Suicidal Behavior in Male Prisoners ». Criminal Justice and Behavior 44, n^o 4 (26 décembre 2016) : 566–88. http://dx.doi.org/10.1177/0093854816683742.

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The present study explored the differences between adult male prisoners with and without a history of suicidal behavior on adult attachment dimensions, coping styles, and hopelessness. The role of adult attachment and coping styles as predictors of hopelessness was also explored. The sample included 206 male prisoners from two Category B prisons in the United Kingdom. The Attachment Styles Questionnaire (ASQ), Coping Styles Questionnaire (CSQ-3), and Beck Hopelessness Scale (BHS) measured attachment, coping, and hopelessness. Prisoners with a history of suicidal behavior reported significantly higher levels of attachment anxiety, attachment avoidance, and maladaptive coping strategies. Elevated levels of attachment difficulties and maladaptive coping styles were associated with heightened levels of hopelessness. Emotional coping strategies mediated the influence of attachment anxiety and attachment avoidance on hopelessness. The study highlights the potential utility of adult attachment conceptualizations and coping skills interventions with prisoners at risk of suicidal behavior.

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Stan, Ana-Maria. « De la separatism regional la centralizare : două proiecte legislative ale universitarilor clujeni privind reforma învățământului superior românesc după 1918 ». PLURAL. History, Culture, Society 9, n^o 1 (28 mai 2021) : 141–57. http://dx.doi.org/10.37710/plural.v9i1_7.

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After the Great War and the union of Bessarabia, Bukovina, Transylvania, and the Banat with the Old Kingdom, the reform of higher education and, implicitly, its transformation into a unitary and efficient system required a lot of efforts. A significant number of initiatives and projects were discussed by the Romanian academic circles, politicians, and by the broader public before the first law for the organization of universities in Greater Romania was adopted and implemented, in April 1932. This article is a case study, which focuses on two proposals put forward in the 1920s by some prominent professors of the University of Cluj. My research tries to clarify and enrich our knowledge regarding the various stages that preceded and shaped the 1932 higher education law. It highlights the similarities and differences between these projects, looking, in particular, at their most relevant and modern elements. The article could equally provide points of comparison for future analysis regarding the reconstruction of the educational systems in other Central or Eastern European countries, in the first half of the 20th century.

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Balliu, Henris. « Comparative Review of Tax Systems in the Republic of Albania and Great Britain ». European Journal of Economics and Business Studies 4, n^o 2 (1 août 2018) : 166–70. http://dx.doi.org/10.2478/ejes-2018-0049.

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Abstract The taxation system is most certainly one of the main pillars of economic development towards sustainable growth.The aim of this paper is to critically assess the importance of an effective Tax System, its impact on the Albanian economy. Furthermore we shall outline a comparison of the Albanian Tax system to that of the United Kingdom. At this time a number of very important reforms are being undertaken by the government of Albania in light of future integration towards the European Union.The overview on the United Kingdom has the aim to enlighten the path on what should be our focus while building a Tax System that can help economic growth, to that effect Great Britain as a country of a stable and strong economy can be of example.Many differences can be noticed between the United Kingdom tax system and the Albanian one. This fact is simple to be accepted as Britain is one of the world superpowers, while the Albanian economy is a developing one. The tax systems in these two countries, the development history, application of VAT or Income Tax have had very different processions.The United Kingdom has one of the most voluminous Tax Acts in the world. The international company of legal research “LexisNexis” discovered that the Acts of Parliament on Taxation in the United Kingdom have more than doubled since 1997. The annual amendments to taxation are part of the Finance Act which has the power to change norms and principles of taxation as previously defined. Taxation in the United Kingdom usually includes payments for central government agencies called Her Majesty’s Revenues and Incomes and local councils. Local Councils collect a tax called business norms from businesses. The Albanian Taxation System consists of a packet of laws, regulations, guidance and tax agreements, on the procedure of application, measure, amendment and removal of taxes.Taxes are the main source of income in the state budget and the local government budget and the foundation of the whole Albanian tax system. In conclusion, we shall analyze the impact of the frequent changes to Taxation Law within the Albanian system and the challenges faced in light of this changes in terms of implementation and application.

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Ofer, Nogah. « Implementation of the Non-Punishment Principle in England : Why Are Victims of Trafficking Not Benefiting from the Protection from Prosecution Provided by International Law ? » Journal of Human Rights Practice 11, n^o 3 (1 novembre 2019) : 486–507. http://dx.doi.org/10.1093/jhuman/huz031.

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Abstract This study examines the prosecution of victims of trafficking for illegal activities they were compelled to carry out due to slavery or exploitation. The legal principle of ‘non-punishment’ protects victims from criminalization and was adopted in European law in 2005 and United Kingdom (UK) law in 2015. Despite this, prosecutions continue in the UK to date, with trafficking victims sometimes spending lengthy periods in custody. This research asks why that is the case. It adopts a micro-level analysis of two pathways: the first follows the processes within the criminal justice system from arrest to trial, and the second the progression between the state’s adoption of law and/or policy and its application by state agents. This study finds that at almost every stage the state fails to take sufficient proactive steps to elicit change, so that business as usual often prevails on the front line. The study also considers two alternative hypotheses: that prosecutions are the result of victims’ lack of disclosure, or a result of the need for the courts to establish in each case whether protection is warranted. It concludes that although these factors have some limited effect, state failings are the primary cause of prosecutions which breach the non-punishment principle. This research falls within the wider question of the effectiveness of international human rights law and I hope that it may contribute to the understanding and enhancement of human rights implementation.

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Novák, Ádám, et Balázs Bacsa. « Social Structure and Aristocratic Representation—Red Wax Seal Usage in Hungary in the 15th c ». Genealogy 2, n^o 4 (22 octobre 2018) : 44. http://dx.doi.org/10.3390/genealogy2040044.

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One might perceive the Middle Ages as an era of certain rights and privileges. Social stratification or the conformation of a group’s identity were all established around privileges in the Kingdom of Hungary. In the medieval period, as opposed to a modern state, the most important constructors of a group’s identity were privileges. When members of a social group bear identical prerogatives, that group can be recognized as an order or estate. The ecclesiastic order existed side-by-side with the noble estate. In possession of political power were strictly those who were at the top of the strongly hierarchical system. However, in the Kingdom of Hungary, the significance of the ecclesiastical order was dwarfed by the importance of landed nobility. Some five percent of the population was of nobles, who also held political power. Until the end of the 15th century, the members of this stratum were equal in law. Only distinctions in financial situation can be noticed during the 14th and 15th centuries. The first law differentiating the rights within nobility was enacted by the national assembly, the diet of Wladislaus II (1490–1516), in 1498. Only from then on can we speak of gentry and aristocracy. This almost two-century-long process can be observed by examining a representational tool, the usage of red wax in seals. Upon studying medieval Hungarian history, we must use all sources available due to their rapid destruction, hence examining seal usage to explain aristocratic representation. In this paper, we briefly summarize the social structure of medieval Hungary and its traditions in seal usage, and present several unique seals. Our goal is to highlight some connections that historiography would benefit from, to provide new data, and to arouse the interest of a broad spectrum of audiences in Hungarian social history.

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Palla, Luciana. « Dimensioni e dinamiche dei flussi migratori da Livinallongo/Fodom e da Colle Santa Lucia/Col nel corso del Novecento ». Ladinia 45 (2021) : 21–47. http://dx.doi.org/10.54218/ladinia.45.21-47.

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This essay compares the migration from Livinallongo/Fodom and Colle Santa Lucia/Col, which were Ladin villages belonging to Austria until World War I, with the migration from the villages situated in the Alto Agordino, which be-longed to the neighbouring Kingdom of Italy. The research goes on until the 1980s, highlighting similarities and differences between the two areas, which have not only a different political history but also a dissimilar socio-economic and identity history. An element that has greatly influenced both, the quantity and type of emigration, is the model of inheritance of ownership that charac-terised the two areas, and which was very important before the tourism boom. In Fodom and Col there was the custom of undivided ownership according to Germanic law, while in the villages which had belonged to the Venetian Republic there was in force the Latin inheritance law, according to which the ownership was divided equally between the heirs, but did not allow any of them to live on the sole income from land ownership; this generated a temporary or permanent mass departure from the mountains. In Col and Fodom the departure of adults was more limited, however the emigration of minors was extremely widespread, especially towards Val Pusteria and Val Gardena, a sad phenomenon documen-ted through life testimonies.

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MULHERON, Rachael. « A Channel Apart : Why the United Kingdom has Departed from the European Commission’s Recommendation on Class Actions ». Cambridge Yearbook of European Legal Studies 17 (29 mai 2015) : 36–65. http://dx.doi.org/10.1017/cel.2015.1.

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AbstractOver the course of 2013–15, there have been significant developments in the reform of class actions in Europe. The European Commission published its Recommendation of common principles concerning collective redress in June 2013, whilst the Consumer Rights Act 2015 – which was introduced into the United Kingdom Parliament in January 2014 and obtained Royal Assent on 26 March 2015 – contains a class action for competition law infringements. Although there is some ‘common ground’ between these legislative instruments, their divergences are far more legally significant, and comprise the focus of analysis in this article. Regarding the two topics of standing to sue, and the opt-in versus opt-out approach to forming the class, the approaches of the European Commission and the UK Parliament differ markedly, reflecting the deep policy, political and judicial divisions which have manifested in this area of reform for over a decade. The legislators have also ultimately chosen different scopes of application, with the European Commission preferring a ‘horizontal’ approach to reform, whilst the UK Parliament has pursued a sector-specific reform agenda. In respect of standing to sue and the opt-in versus opt-out debate, there are numerous sound legal and political reasons that manifestly support the UK law-makers’ decision to depart from the 2013 Recommendation. However, in respect of the horizontal-versus-sectoral debate, the topsy-turvy history of reform at both European and domestic levels has resulted, ironically, in both the Commission and UK policy-makers reversing the views which each had initially adopted within the past decade. Undoubtedly, as these reform measures demonstrate, the collective redress landscape is both evolving and controversial.

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LEBEDEVA, MARGARITA. « INSTITUTIONS OF FAMILY AND MARRIAGE OF WESTERN ASIA (ON THE EXAMPLE OF BABYLONIA, ASSYRIA, HITTITE KINGDOM) ». Sociopolitical Sciences 11, n^o 2 (28 juin 2021) : 141–48. http://dx.doi.org/10.33693/2223-0092-2021-11-3-141-148.

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Introduction. The article examines one of the topical issues for the history of the Ancient world - the characteristics of the features of the institutions of the family and marriage of the Ancient East. The modern development of historical knowledge reveals not only the reception of the specificity of legal relations that developed in antiquity, but also their transformation, as well as the search for the most universal and acceptable variants of marriage relations, some kind of standards of relations between the subjects of these institutions. Addressing the issue of the formation of the institutions of family and marriage relations through the study of available historical and legal sources is justified and relevant. There are separate scientific studies on this problem, but there are no systematic, fundamental developments. As a rule, the historical and legal sources of Asia Minor (Old Babylonian laws, Assyrian, Hittite and New Babylonian legal acts) are characterized in general terms. The role of the woman of Western Asia, her place in the patriarchal family, is assessed ambiguously. Materials and methods. The material of the research is presented directly through the systematization of theoretical developments on the named family legal relations, as well as the analysis of the legislative monuments of Southwest Asia. Within the framework of the study, the author uses a system-structural method that allows us to consider family-legal relations as an integral system of interrelationships between phenomena and events, to determine the main content of this research topic. The institutional approach used by the author presupposes a systematic study of the legal institutions of family law that have developed in the East during the antiquity. Results, discussion. Analysis of the historical and legal documents of the Ancient East, as well as a comprehensive study of the conceptual provisions of scientific research, allowed the author to highlight the main characteristics and foundations of building a family of the countries of Southwest Asia. Conclusion. The institutions of family and marriage of the ancient Eastern states are built on the norms of patriarchal law. In the subject composition of the family, a woman acts as an equal participant in legal relations. However, in some cases it acts as an object of law («thing», «property»). The author singles out two categories of women: relatively free and completely deprived of legal and legal capacity.

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Tsaturova, Susanna. « “Paris is Rome in Our Kingdom”. Political and Symbolic Bases of the Status of the Capital of France ». ISTORIYA 12, n^o 9 (107) (2021) : 0. http://dx.doi.org/10.18254/s207987840017095-3.

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The article examines the process of the formation of Paris as the capital of France. The analysis is based on two directions. On the one hand, the main milestones of the history of Paris are explored, from ancient Lutetia in the era of Julius Caesar to the principal city of the French Kingdom under Philip II Augustus and the capital in the 14th — 15th centuries. By the 12th century, the city was given priority by its gigantic population, economic power, convenient location at the intersection of river and land trade routes, and its transformation into the intellectual capital of the West thanks to the fame of the Paris schools and university. No less important were the symbolic merits of the city: antiquity, the function of protecting the population, and the heroic past. The combination of these advantages determined the Capetians’ choice of Paris as the capital of the kingdom. On the other hand, the article examines the formation of the concept of “capital” and its meaning in the context of the formation of a centralized state. The political center of the country made the city the seat of the person of the monarch and his authorities. The status of the capital was expressed by the concept of “common homeland”, taken from Roman law. The primary weapon for gaining this status in the Middle Ages was the function of justice as a guarantee of the protection of the common interest and a resort for all. In this context, the symbol of the capital in the 13th — 15th centuries became the royal Palace on the island of Cité, where the supreme court of the country, the Parliament of Paris, administered justice regardless of the presence of the king. The analogy of the Parliament with the Roman Senate reinforced the political and social claims of the parliamentarians. The transformation of the Palace of Cité into a Palace of Justice now symbolizes this significant political heritage of medieval urbanism.

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Mantilla, Giovanni. « Social pressure and the making of wartime civilian protection rules ». European Journal of International Relations 26, n^o 2 (23 août 2019) : 443–68. http://dx.doi.org/10.1177/1354066119870237.

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The protection of civilians from the dangers of warfare constitutes an imperative in contemporary global politics. Drawing on original multiarchival research, this article explains the codification of the core civilian protection rules within international humanitarian law in the 1970s. It argues that these crucial international rules resulted from the operation of two central mechanisms: Third World and Socialist-led social pressure and a strategic, face-saving reaction to it, leadership capture, in the politicized context of Cold War and decolonization-era international social competition. I demonstrate the conditional effect of social pressure by a coalition of materially weaker Third World and Socialist states upon powerful reluctant states: the United States, the United Kingdom, and more surprisingly, the Soviet Union. Third World and Socialist social pressure fostered a curious US-USSR backstage collaboration I label leadership capture, decisively shaping the legal compromise embodied in the civilian protection rules of Additional Protocol I to the Geneva Conventions. Theoretically, this article furthers burgeoning IR work on the connection between social pressure, status competition, and international rule-making. Empirically it presents a new archives-based history of an intrinsically important case in international law.

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Kattan, Victor. « Self-Determination during the Cold War : UN General Assembly Resolution 1514 (1960), the Prohibition of Partition, and the Establishment of the British Indian Ocean Territory (1965) ». Max Planck Yearbook of United Nations Law Online 19, n^o 1 (30 mai 2016) : 419–68. http://dx.doi.org/10.1163/18757413-00190015.

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This article uses the history of partition to assess when self-determination became a rule of customary international law prohibiting partition as a method of decolonization. In so doing it revisits the partitions of Indochina, Korea, India, Palestine, Cyprus, South Africa, and South West Africa, and explains that UN practice underwent a transformation when the UN General Assembly opposed the United Kingdom’s partition proposals for Cyprus in 1958. Two years later, the UN General Assembly condemned any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country in Resolution 1514 (1960). The illegality of partition under customary international law was raised during the second phase of the South West Africa Cases (1960–1966) in respect of South Africa’s homelands policy, but the International Court of Justice (ICJ) infamously did not address the merits of those cases. The illegality of partition was also raised in the arbitration between the United Kingdom and Mauritius over the establishment of the British Indian Ocean Territory in 1965. Like the ICJ in the South West Africa Cases, the Arbitral Tribunal decided that it did not have jurisdiction to address the legality of the British excision of the Chagos Archipelago from Mauritius, even though the legality of the excision was argued at length between counsels for Mauritius and the United Kingdom in their oral pleadings and written statements. However, in their joint dissenting opinion, Judge Rüdiger Wolfrum and Judge James Kateka expressed their opinion that self-determination had developed before 1965, and that consequently the partition was unlawful. This paper agrees that selfdetermination prohibited the partition of Mauritius to establish the British Indian Ocean Territory, a new colony, in 1965 although self-determination probably did not emerge as a rule of customary international law until the adoption of the human rights covenants in 1966, after the excision of the Chagos Archipelago in 1965, but before the passage of the Mauritius Independence Act in 1968.

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el Hour, Rachid, et Manuela Marín. « Captives, Children and Conversion : A Case from Late Naṣrid Granada ». Journal of the Economic and Social History of the Orient 41, n^o 4 (1998) : 453–73. http://dx.doi.org/10.1163/1568520001445577.

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AbstractAround 894/1488-89, a legal opinion on the case of a child living in the Naṣrid Kingdom of Granada, who came under the double threat of captivity and forced conversion to Christianity, was demanded by its father from jurists in Tlemcen. The text of this case is presented here and analysed from two points of view: the historical context of Muslim captives in Christian Spain, and the legal theory applied in the North African answer to the question posed by the Andalusi father. In the historical part of the article, cases of Andalusi Muslim captives (from the 6th/12th century to the 9th/15th century) are examined. Special attention is given to the possible ways used to put an end to captivity: ransoms and those who paid for them, bequests and pious fundations, etc., as well as tales of escape from Christians. Finally, the Muslim religious view of captivity is considered. In the second part, the case posed to the North African jurists is reviewed in detail. The two responses given by Ibn Zakarīyāʾ (d. 899/1493) and al-Sanūsī (d. 895/1490) both agree that the child could be separated from its mother and removed to a safe country. The motives given by both jurists to justify their opinions differ, but they follow the Mālikite school of law and reflect the historical and social developments of their time.

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Aleknavičienė, Ona. « Language policy in the Kingdom of Prussia at the junction of the 18th-19th centuries ». Taikomoji kalbotyra 16 (30 décembre 2021) : 56–75. http://dx.doi.org/10.15388/taikalbot.2021.16.4.

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The present paper examines the principles of the language policy designed in the Kingdom of Prussia at the junction of the 18th-19th centuries. This research aims to identify the main factors affecting the introduction of the Lithuanian language as the official regional language in the Kingdom of Prussia and to evaluate the parameters applied to such language planning. The main research objects in this study are the prefaces to Christian Gottlieb Mielcke’s dictionary Littauisch-deutsches und Deutsch-littauisches Wörter-Buch (1800) and the archival material of the end of the 18th century, which provide information on the preconditions, directions, goals, and objectives of the language policy of the time.The politics favorable to the Lithuanian language was preconditioned by the political changes in the 18th century. After the third partition of the Commonwealth of the Two Nations (1795) and with the annexation of Užnemunė to Prussia, the range of the Lithuanian language use expanded, and the ideas of regional particularism strengthened.Christoph Friedrich Heilsberg, the author of the third preface to Mielcke’s dictionary, a counsellor in the Königsberg Chamber of War and Domains, and an inspector of East Prussian schools, was well aware of the Lithuanian attitudes to the influence of language on identity, motives for language learning, legislation, and the potential of schools and churches. On the grounds of this versatile expertise, he undertook language status planning.With regards to Mielcke’s observation about civil servants who need to learn Lithuanian and the Lithuanian approach to language, Heilsberg took a practical position on language planning. He suggested expanding the Lithuanian language use in the public sphere rather than considering the idea of German as a common state language. At Heilsberg’s initiative, the Lithuanian language had to be used in such important areas as education, church, law, business, and administration. Heilsberg sought to ensure that it did not lose its cultural or administrative functions. Such plans presuppose the status of Lithuanian as an official regional language, equivalent to linguistic autonomy, where the language of a national minority has political autonomy and coexists with the official language of the state.Heilsberg initiated not only the development but also the implementation of language policy. He developed the directions and measures of corpus planning: to help non-Lithuanians to learn Lithuanian, he encouraged Mielcke to prepare a Lithuanian-German and German-Lithuanian dictionary and supervised the publication of a Lithuanian grammar and a collection of sermons. This highlights the priorities of his education policy, which aimed to develop the language skills of teachers and priests, and to create conditions for civil servants working in the province to learn the Lithuanian language.Three statements of Heilsberg as a high-ranking state official were important for increasing the prestige of the Lithuanian language: 1) language is a guarantor of identity; 2) provincial languages must be learned by civil servants and not vice versa; and 3) language must be nurtured.The author of the fourth preface to Mielcke’s dictionary, the German philosopher Immanuel Kant, raised the criterion of language purity. Considering that only pure language is important for the maintenance of the nation’s distinctiveness, for science, and especially history, he emphasized the need to preserve the purity of language and proposed two ways to achieve this: to use pure language in schools and churches, and to expand the domains of its use.This is the earliest attempt in the history of Prussian Lithuanian culture to give the Lithuanian language the status of an official regional language. Such policy ensured its functioning in all spheres of public life, its use in the education system, and created conditions for maintaining identity.

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Balabanova, Ekaterina. « Communicating Cosmopolitanism During Times of Crisis : UNHCR and the World Refugee Day Campaign in the UK and Bulgaria ». Journal of Human Rights Practice 11, n^o 3 (1 novembre 2019) : 467–85. http://dx.doi.org/10.1093/jhuman/huz029.

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Abstract How can a cosmopolitan message about refugees be communicated in an international political context characterized by growing hostility to outsiders at the national level? This article provides a detailed analysis of a specific World Refugee Day campaign based on extensive access to internal data from the UN Refugee Agency (UNHCR) and interviews with key informants alongside case studies of the campaign in two European countries: the United Kingdom (UK) and Bulgaria. While internal UNHCR assessment suggested successful meeting of pre-set targets, a series of issues around the implementation of message framing and the potential for this to generate action are identified. The article applies ideas about the communication of distant suffering to explore how World Refugee Day campaigns operate as interventions into global public discourse. The analysis of the campaign framing finds that it maximized space for solidaristic understanding of the refugee issue and reflexivity. However, the article argues that the communication of these ideas is impacted by the practical and organizational challenges (and opportunities) of developing a professional communication strategy in the context of a rapidly changing media and political environment.

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Pashin, Sergey S. « The Kutitskies and Vasichinskies in Galicia in the 15th century : on studying noble families of Rusinian origin ». Rusin, n^o 67 (2022) : 66–83. http://dx.doi.org/10.17223/18572685/67/5.

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The article deals with the genealogy of noblemen of Rusinian origin in Galicia, Russian Voivodeship of the Polish Kingdom in the 15th century (the east of Chervonaya (Red) Rus, now Ivano-Frankivsk Region of Ukraine mainly). The author analyses the specificity and flaws of sources on this topic. The high proportion of small landowners of Rusinian origin is emphasized as an important feature of the Galician gentry, which explains why, after the introduction of Polish law (and gentry self-government) in Chervona Rus, the Galician judge and arbitrator were for many years the gentry of Rusinian origin Ignat Kutitsky (1438-1471) and Stibor Vasichinsky (1435-1459). The author studies the history of these two families in the 15th century: their blood ties, landowning, relations with neighbors. Before 1435, their members converted from Orthodoxy to Catholicism, but failed to polonize in the second half of the 15th century. The confirmation of the forged act of the Galician-Volhynian Prince Lev to the ancestor of the Vasichinskies by the King in 1550-1558 shows that the polonized descendants of the Galician boyars remembered about their Rusinian roots even in the middle of the 16th century.

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Ng, Mee Kam, Caglar Koksal, Cecilia Wong et Yuanzhou Tang. « Smart and Sustainable Development from a Spatial Planning Perspective : The Case of Shenzhen and Greater Manchester ». Sustainability 14, n^o 6 (16 mars 2022) : 3509. http://dx.doi.org/10.3390/su14063509.

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This paper proposes an integrative analytical framework to critically review the genesis of smart city development and evaluate its sustainability outcomes from a spatial planning perspective. It argues that historical contexts and modes of governance, together with holistic place-based knowledge, provide important clues to understand the ensuing visions, goals, and objectives, as well as processes and contents of smart city initiatives. Shenzhen (SZ), China’s first special economic zone, and Greater Manchester (GM), the birthplace of the industrial revolution in the United Kingdom, are used to illustrate how the conceptual framework helps reveal two very different pathways towards smart sustainability. SZ, as a pioneering testbed of China’s reforms, is closely directed by top-down initiatives in its smart and sustainable development efforts. GM, given its rich history of local collaboration between the public, private and third sectors, adopts a bottom-up approach to achieve smart sustainability. The case studies prove the robustness of the framework in narrating smart sustainable development in a city-region, highlighting different trajectories and necessary areas for improvement.

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Chodowiec, Adrianna. « Inwazja japońska na Półwysep Koreański w latach 1592–1598 a roszczenia restytucyjne Koreańczyków ». Gdańskie Studia Azji Wschodniej, n^o 20 (2021) : 250–61. http://dx.doi.org/10.4467/23538724gs.21.015.14847.

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The Japanese invasion of the Korean Peninsula in 1592–1598 and Korean claims for restitution The article presents a brief history of the Japanese invasion of the Korean Peninsula in the end of the 16th century (also called the Imjin war) as well as it’s tragic effects. This conflict brought not only countless victims and desolation of cities and farmlands, but also complete cultural devastation in the Joseon Kingdom. Thousands of Korean cultural goods were demolished or burned down, while others were taken away to Japan and some of them are considered to be a part of Japanese cultural heritage. Therefore, it should be answered if Koreans nowadays have any right to demand restitution of these stolen objects. Korean recovery claims are mostly based on byronism and cultural nationalism, considering the lack of legal measures. The interest of the Japanese side to reject restitution of looted goods is secured by ius praedae. In the 16th century, it was a crucial principle of international law allowing one country to invade and plunder another, therefore, the Japanese are not obliged to return any of the appropriated objects. Nevertheless, in consideration of improving tense relations between the two countries, negotiating a settlement reciprocal for both parties concerning restitution claims of the Koreans through diplomatic channels should be undertaken.

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Gluchman, Vasil. « Ethics and politics of Great Moravia of the 9th century ». Ethics & ; Bioethics 8, n^o 1-2 (1 juin 2018) : 15–31. http://dx.doi.org/10.2478/ebce-2018-0007.

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Abstract The author studies the role of Christianity in two forms of 9th century political ethics in the history of Great Moravia, represented by the Great Moravian rulers Rastislav and Svatopluk. Rastislav’s conception predominantly uses the pre-Erasmian model of political ethics based on the pursuit of welfare for the country and its inhabitants by achieving the clerical-political independence of Great Moravia from the Frankish kingdom and, moreover, by utilising Christianity for the advancement of culture, education, literature, law and legality, as well as by spreading Christian ethics and morality in the form of the Christian code of ethics expressed in ethicallegal documents. Svatopluk’s political conception was a prototype of Machiavellian political ethics, according to which one is, in the interest of the country and its power and fame, allowed to be a lion and/or a fox. Svatopluk abused Christianity in the name of achieving his power-oriented goals. Great Moravia outlived Rastislav; it did not, however, outlive Svatopluk, as, shortly after his death, it broke up and ceased to exist. The author came to the conclusion that Rastislav’s conception was more viable, as its cultural heritage lives on in the form of works by Constantine and Methodius.

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Nikolic, Dusan. « Elements of judge-made law in Serbia and European Union ». Zbornik Matice srpske za drustvene nauke, n^o 126 (2009) : 7–40. http://dx.doi.org/10.2298/zmsdn0926007n.

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Serbia has developed a legal system of state regulations of the European continental type. The majority of legally relevant relations are governed by norms in the form of laws and other general legal acts adopted by bodies of the legislative and executive branches of government. In accordance with the principle of division of power proclaimed by the constitution, courts are obliged to consistently apply general rules. Judges should apply the law, not create it. In other words, jurisprudence is not considered to be a formal source of law. However, in reality, courts have always played a much more significant role in the process of shaping the legal system. This role has ranged from a very broad interpretation of statutory rules to the creation of individual rules in order to fill legal lacunae, and even creating general legal rules. Evidence of this are the numerous examples from the history of Serbian law, which is briefly outlined in the following pages. The historical overview presents the role of courts in mediaeval Serbia, during the period of uprisings against the Turkish occupation (1804-1830), during the time of the creation of the Kingdom of Serbs, Croats and Slovenes (Yugoslavia), and in the post-revolutionary period in socialist Yugoslavia. Particular emphasis is placed on the mixed legal system with elements of judge-made law developed on the territory of the Province of Vojvodina between the two World Wars. In the second part of the paper, the role of courts in the modern law of Serbia is discussed. In that context, mention is given to constitutional approaches, current trends and the informal influence of courts in the process of shaping the legal system. A few pages have been dedicated to the problems facing courts in Eastern European in the period of transition. This primarily relates to the implementation of the community acquis which is developing at an alarming speed with far-reaching consequences for legal, economic and social stability in many countries, as well as the European Union itself. The acceptance of high and often objective unachievable legal standards widens the gap between the normative and the actual. Legal insecurity rises, and with it, mistrust in state institutions, including the courts, which carry particular responsibility for the creation of a new legal environment. The concluding segment of the paper is devoted to the role of courts in a future European law. In that context, current trends in the European Union are presented. Special consideration is given to the broad competencies of the Court of Justice of the European Communities, which delve as far as creating legal rules. Changes taking place in Europe point to the need to reconsider traditional teachings on the division of power and redefine the position of courts.

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Pantuev, Petr. « “The apparent contradictions” : the preface by Sergey Rachinsky to Charles Darwin’s book “On the origin of species” ». St. Tikhons' University Review 103 (31 octobre 2022) : 123–38. http://dx.doi.org/10.15382/sturi2022103.123-138.

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This publication introduces the preface by Sergey Rachinsky, a profeccor of the Moscow University, to the book of Charles Darwin «On the Origin of Species». Rachinsky is best known in Russia as an educator and the founder of the school in Tatevo, Tver Oblast, and also as a founder of the temperance society in Tatevo. But in his correspondence Rachinsky repeatedly touches on religious and philosophical matters. For example, he gets into an argument with people like Vasily Rozanov and Leo Tolstoy. In addition, Rachinsky left some religious and philosophical works that are still in manuscript. This unpublished work was written in the 1882. Rachinsky touched upon the issues related to Darwin's theory of natural selection. Some of them had been raised before by his famous Russuan contemporaries, such as Nikolay Strakhov, Dmitry Pisarev, Kliment Timiryazev, Fyodor Dostoevsky, Konstantin Pobedonostsev. By the time that the preface was written, disputes over Darwin had been going on more than two decades. Disputes were related not only to «On the Origin of Species», but also to Darwin's later works. At the beginning of the preface Rachinsky commends the theory of natural selection which had proposed a general law of classification of living beings. The main body of the preface is devoted to Darwin's attempt to incorporate human into a genealogical tree of animal species. Rachinsky points out that Charles Darwin tried to gather some animal's characteristics and to work out the image not merely of a human being but of a Christian. Rachinsky calls it “a futile exercise”. He indicates that the inner human world has no precedent in the animal kingdom and believes that it is a miracle. Citing the principle of energy conservation as an example, and aims to show that “a miracle” exists in this theory. At the end of the preface author points out that Darwin's theory is applicable in some areas of science and it has no any contradictions with Christianity. He also points out to critics of this thesis that Church poses no restrictions to the exploration of nature.

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Lu, Yuehong, Zafar A. Khan, Manuel S. Alvarez-Alvarado, Yang Zhang, Zhijia Huang et Muhammad Imran. « A Critical Review of Sustainable Energy Policies for the Promotion of Renewable Energy Sources ». Sustainability 12, n^o 12 (22 juin 2020) : 5078. http://dx.doi.org/10.3390/su12125078.

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Meeting the rising energy demand and limiting its environmental impact are the two intertwined issues faced in the 21st century. Governments in different countries have been engaged in developing regulations and related policies to encourage environment friendly renewable energy generation along with conservation strategies and technological innovations. It is important to develop sustainable energy policies and provide relevant and suitable policy recommendations for end-users. This study presents a review on sustainable energy policy for promotion of renewable energy by introducing the development history of energy policy in five countries, i.e., the United States, Germany, the United Kingdom, Denmark and China. A survey of the articles aimed at promoting the development of sustainable energy policies and their modelling is carried out. It is observed that energy-efficiency standard is one of the most popular strategy for building energy saving, which is dynamic and renewed based on the current available technologies. Feed-in-tariff has been widely applied to encourage the application of renewable energy, which is demonstrated successfully in different countries. Building energy performance certification schemes should be enhanced in terms of reliable database system and information transparency to pave the way for future net-zero energy building and smart cities.

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Metcalf, Alida C. « The Entradas of Bahia of the Sixteenth Century ». Americas 61, n^o 3 (janvier 2005) : 373–400. http://dx.doi.org/10.1353/tam.2005.0036.

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When Pero Magalhães de Gândavo returned to Portugal from Brazil in the 1570s, he wrote two accounts about life in Brazil, both of which extol the possibilities for poor Portuguese colonists. In one treatise he proclaims that as soon as a colonist arrives, no matter how poor, if he obtains slaves “he then has the means for sustenance; because some fish and hunt, and the others produce for him maintenance and crops; and so little by little the men become rich and live honorably in the land with more ease than in the Kingdom.” In his history, published in 1576, Gândavo adds that many colonists in Brazil own 200, 300, or even more slaves. Although the Portuguese had pioneered the development of a slave trade from West Africa and despite the fact that the sugar plantations of Bahia and Pernambuco would become vast consumers of slaves from Africa, the vast majority of the slaves that Gândavo refers to were Indian, not African. But, in the 1570s, when Gândavo confidently predicted that even the poor could acquire slaves in Brazil, the reality was that the coastal regions around the Portuguese colonies, with the exception of a few friendly Indian villages, had been left “unpopulated by the natives.” Three powerful factors challenged the future of Indian slavery. One was epidemic disease, such as the smallpox epidemic of 1562 that was described as so terrible that in two or three months 30,000 died. The second was a Jesuit campaign against Indian slavery, which resulted in a new law signed by King Sebastião in 1570 that clearly stated that the Indians of Brazil were free. The third was a rapid increase in the number of slaves arriving in Bahia and Pernambuco from Africa. But while it might seem that high mortality, legal sanctions, and the increase of African slaves would limit the future of Indian slavery, it was not to be so. Instead, Indian slavery expanded dramatically after 1570, due to the emergence of a new, trans-continental, slave trade. Facilitated by mixed-race mamelucos, this trade brought Indians from the sertão (inland wilderness frontier) to the coastal plantations. This is the first manifestation of a phenomenon that would repeat itself in later centuries in São Paulo, Minas Gerais, Goiás, and Amazonia. Known as bandeirismo, it would make Indian slavery an integral part of the colonial Brazilian economy and society. The expeditions from Bahia and Pernambuco from 1570 to 1600 descended thousands of Indians for the sugar plantations of the Bahian Recôncavo, reinforcing Indian slavery in spite of high mortality, royal laws to the contrary, and the increase of African slavery.

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