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Letteratura scientifica selezionata sul tema "London (England). Courts of Justice"

Autore: Grafiati

Pubblicato: 29 luglio 2024

Ultima modifica: 30 luglio 2024

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Articoli di riviste sul tema "London (England). Courts of Justice"

Glass, Melissa. "“The Rust of Antiquity”?: Print Culture, Custom, and the Manorial Court Guidebooks of Early Modern England". Canadian Journal of History 56, n. 1 (aprile 2021): 1–23. http://dx.doi.org/10.3138/cjh-56-1-2020-0032.

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Early modern England’s manor courts were local institutions controlled by landlords, operated by their stewards, and governed by customary law. They fulfilled a wide variety of legislative, punitive, and adjudicative functions regarding the regulation of community resources and the resolution of minor conflicts between tenants. Starting in the mid-sixteenth century, publishers in London began to print short, accessible manuals that explained how to operate these manor courts. The eight manor court guidebooks published in English from 1561 to 1666 that are examined in this article illustrate the important role that manor courts continued to play in daily life. But their publication also contributed to the codification, and eventually the gradual corrosion, of localized customs that formed the foundation of the courts’ jurisdiction. Custom and communal memory continued to play a large role in the organization of early modern English society, but these unwritten customs were increasingly in tension with broader cultural impulses towards codification and uniformity that were reinforced by the published guidebooks. The impact of these guidebooks was ultimately to delimit the jurisdiction of the courts, encourage the professionalization of court officials, diminish the significance of local customs, and confirm the authority of landlords by articulating their positions as local leaders. Manorial court guidebooks are useful illustrations of how the educated elite in early modern England saw customary law as a necessary but old-fashioned form of justice without a clear role in the country’s legal system in the future.

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O’Mahony, Brendan. "Perspective from the dock: Communicating with a vulnerable defendant at Crown Court". Forensic Update 1, n. 104 (2011): 38–42. http://dx.doi.org/10.53841/bpsfu.2011.1.104.38.

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Using a case study approach, this article will offer a reflective account of how a forensic psychologist can utilise professional skills and training in a secondary role within the criminal justice system, namely as an intermediary. Registered intermediaries (RI) are professionals from backgrounds such as psychology, speech therapy and mental health nursing who have been selected by the Ministry of Justice as suitable to be trained for this additional role during police witness interviews and when vulnerable witnesses give testimony at court. Selected professionals receive five days’ training with barristers from the City Law School in London about the legal processes of working as an RI within the police station and at court. There are approximately 120 registered intermediaries available in England and Wales who were recruited specifically to work with vulnerable witnesses rather than vulnerable defendants (O’Mahony, 2008/9). My interest in the scheme arose four years ago as a result of my interest in policing and the criminal courts as well as my work at the time in working with adults with a learning disability who had been detained in a medium secure unit.

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Moran, Leslie. "Carte de visite of ‘The Lord Chief Justice of England’ (Sir Alexander James Edmund Cockburn, 12th Baronet) by London Stereoscopic and Photographic Company, circa 1873". Northern Ireland Legal Quarterly 68, n. 3 (7 novembre 2017): 245–57. http://dx.doi.org/10.53386/nilq.v68i3.38.

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The carte de visite of ‘The Lord Chief Justice of England’ (Sir Alexander James Edmund Cockburn, 12th Baronet) by London Stereoscopic and Photographic Company that dates from the early 1870s is an object that provokes and challenges ways of thinking about the judiciary and visual culture and research on the judiciary more generally. It demands that consideration be given to a history of the relationship between the judiciary, photography and mass media that has been hidden from history by the long shadows of cameras in courts research. It provides an opportunity to consider how the technological innovations that turned photography into a mass media phenomenon impacted upon the making, distribution and use of pictures of judges.

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Wegemer, Gerard. "England’s Civil Wars: Young Thomas More’s Assessment and Solutions". Moreana 48 (Number 183-, n. 1-2 (giugno 2011): 37–71. http://dx.doi.org/10.3366/more.2011.48.1-2.4.

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This analysis argues that Thomas More’s Richard III is a work of what Cicero would call studia humanitatis, designed to educate “first citizens” about human nature, the requirements of political life, and the arts needed to fashion justice, liberty, peace, and prosperity. Special attention is given to More’s use of Ciceronian vocabulary (respublica, humanitas, libertas, princeps, privates, fides, consilium) and the vocabulary of centuries-old London institutions (mayor, sheriff, alderman, recorder, independent courts, sanctuary, “senate,” “forum”). The article ends with a summary of young More’s solutions to England’s problems of civil war.

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Hodge, Patrick S. "Does Scotland need its own Commercial Law?" Edinburgh Law Review 19, n. 3 (settembre 2015): 299–310. http://dx.doi.org/10.3366/elr.2015.0292.

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In this article, Lord Hodge, Justice of the United Kingdom Supreme Court, draws on his long experience of commercial advocacy and of judicial office at both the Court of Session in Scotland and the Supreme Court in London, to ponder the question of whether Scotland continues to require a commercial law which is distinctive to that of other nations, in particular to that of England. Lord Hodge's evaluation of the question posed offers a mixed response: there is much of value in many of the solutions adopted by Scots commercial law, however law reformers, academics, and judges must be open to good things from elsewhere and must build bridges to make Scots commercial law accessible to those outside Scotland with whom Scotland does business.

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Hocutt, Max O. "Imagining Interest in Political Thought: Origins of Economic Rationality". Canadian Journal of Political Science 37, n. 4 (dicembre 2004): 1033–35. http://dx.doi.org/10.1017/s0008423904300211.

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Imagining Interest in Political Thought: Origins of Economic Rationality, Stephen G. Engelmann, Durham and London: Duke University Press, 2003, pp. x, 194This always fascinating but sometimes frustrating volume undertakes to trace the natural history of what its author calls neo-liberalism, meaning the kind of economic analysis and approach to governance practiced by such denizens of the Chicago school as Nobel Prize winner Gary Becker and appeals court Justice Richard Posner. A professor at the University of Illinois in Chicago, Engelmann contends that this mode of analysis grew out of a way of thinking that was brought to maturity by Jeremy Bentham but had already begun to take root in Cromwell's England.

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Blaney, Ian. "Church Courts and the People in Seventeenth-Century England – Ecclesiastical Justice in Peril at Winchester, Worcester and Wells Andrew Thomson UCL Press, London, 2022, 268 pp (paperback £25), ISBN: 9781800083134". Ecclesiastical Law Journal 25, n. 3 (settembre 2023): 381–83. http://dx.doi.org/10.1017/s0956618x23000303.

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Gibson, William. "Church Courts and the People in Seventeenth Century England. Ecclesiastical Justice in Peril at Winchester, Worcester and Wells. By Andrew Thomson. London: UCL Press, 2022. Xvi + 251 pp. £25 paper." Church History 92, n. 3 (settembre 2023): 727–28. http://dx.doi.org/10.1017/s0009640723002639.

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Yuniar, Vania Shafira, e Florentiana Yuwono. "The Comparison Of Arbitration Dispute Resolution Process Between Indonesian National Arbitration Board (BANI) And London Court Of International Arbitration (LCIA)". Journal of Private and Commercial Law 6, n. 1 (1 giugno 2022): 77–99. http://dx.doi.org/10.15294/jpcl.v6i1.30265.

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Arbitration is a way of resolving a civil dispute outside the general court based on an arbitration agreement made in writing by the disputing parties. Each country has a different settlement process. In Indonesia arbitration is based on Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The Indonesian National Arbitration Board (BANI) is an agency established by the Indonesian government for law enforcement in Indonesia in resolving disputes or differences of opinion that occur in various trade, industrial and financial sectors. Likewise in Indonesia, in England there is also an Arbitration Board called LCIA which is one of the oldest arbitration institutions in the world and has resolved 303 cases annually. This agency acts autonomously and independently in upholding law and justice. The purpose of this research is to determine the differences in the dispute resolution process through arbitration in Indonesia and the UK. The research method used in this article is normative legal research and through a literature study approach with secondary assessment of legal materials and juridical data analysis. The results prove that the process and procedures for dispute resolution at the LCIA institution are different from the BANI institution in the process and procedures. as well as the legal basis used in resolving the parties' business disputes.

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Prest, Wilfrid. "William Lambarde, Elizabethan Law Reform, and Early Stuart Politics". Journal of British Studies 34, n. 4 (ottobre 1995): 464–80. http://dx.doi.org/10.1086/386087.

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William Lambarde (1536–1601) has been much celebrated, and cited, by historians of Tudor England. Besides compiling what is generally recognized as the earliest county history (A Perambulation of Kent, completed in 1570; first published in 1576) and a pioneering edition of Anglo-Saxon laws and customs (Archaionomia, 1568), Lambarde's famous manual on the duties, powers, and responsibilities of justices of the peace (Eirenarcha, 1581) “gives an account, which is both complete and systematic, of the organization of the local government … as it stood at the end of the sixteenth century.” Although his abilities and achievements received only a modest measure of contemporary recognition, toward the end of his life Lambarde successively acquired the posts of Deputy in the Alienations Office (1589), Master in Chancery Extraordinary (1592), Master in Chancery and Deputy Keeper of the Rolls (1597), and Keeper of Records in the Tower of London (1601). He had been associated to the bench of Lincoln's Inn in 1579 (having, as the Black Book citation put it, “deserved universallie well of his comon wealth and contrie”); these promotions induced the ruling Council to make him a full bencher, “being one of Her Majesties Masters of hir Court of Chancery and of great reading, learning and experience.”In depicting the conscientious Elizabethan J.P. as burdened by “stacks of statutes,” Lambarde coined a phrase which has indeed “burrowed its way into most historical textbooks.” Besides numerous articles, modern scholarly interest in the man and his works has generated two biographies (published in 1965 and 1973), while the point of departure for John Howes Gleason's institutional-cumprosopographical account of local government under Elizabeth I and the early Stuarts was Lambarde's own record of his activities as a Kentish justice in the 1580s.

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Tesi sul tema "London (England). Courts of Justice"

Bentley, David Ronald. "Trial on indictment in nineteenth century England". Thesis, University of Sheffield, 1993. http://etheses.whiterose.ac.uk/10214/.

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The aim of this thesis is to assess how far trial on indictment in nineteenth century England conformed to -." the present day concept of a fair trial. What by contemporary English standards are considered the essential elements of a fair trial the thesis deduces from current statute and case law. Having identified these elements it attempts to discover how far they were present in the nineteenth century system. The analysis broadly follows the chronology of the trial itself, with particular attention paid to legal aid, the campaign to abolish the rule rendering prisoners and their spouses incompetent as witnesses in their own defence, and appellate remedies. The conclusion reached is that, although at the start of the nineteenth century the trial system fell well short of the twentieth century model, by the century's end it had (except in relation to legal aid and appellate remedies) moved much closer to it. For its analysis of the trial system the research draws upon eighteenth and nineteenth century law texts supplemented by evidence as to trial practice gleaned from contemporary reports of trials (in particular the reports in The Times, the Central Criminal Court Sessions Papers and Legal Journals), legal memoirs and biographies, and unpublished material in the Public " Record Office and elsewhere. The most important single unpublished source consulted has been the notebooks which record the reserved criminal cases which came before the Common Law judges between'*1785 and 1828. Reports of Royal Commissions, and Select Committees, draft Bills and the Reports of Parliamentary Debates (supplemented by articles in newspapers and journals) have provided the raw material upon which the account given of the reforms made and attempted during the century is based.

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McEwan, Joanne. "Negotiating support : crime and women's networks in London and Middlesex, c. 1730-1820". University of Western Australia. History Discipline Group, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0121.

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[Truncated abstract] This thesis examines the social and legal dynamics of support as it operated around women charged before the criminal courts in the eighteenth- and early nineteenth-century metropolis. It considers the nature and implications of the support made available to, or withheld from, female defendants by individuals to whom they were in some way connected. To this end, it explores the nuances of testimony offered by witnesses and defendants in an attempt to better understand the extent and effect of the support that could be negotiated by and from a range of groups, including family members, fellow household residents, neighbours and wider community members. How narratives were framed in either sympathetic or condemnatory terms was indicative of broader social attitudes and expectations regarding women and crime as well as of women's own relationships to households and neighbourhood. To the extent that this thesis aims to interrogate negotiations of support, it adopts legal narratives as a window through which to gain an insight into the social interactions and mediation of interpersonal relationships by eighteenth-century London women. The printed accounts of trials conducted at the Old Bailey and legal documents from the London and Middlesex Sessions records form the basis of the source material that contributed towards this study. These records provide contemporary narratives in which participants described their involvement in the legal system and articulated their relationships to events and to each other. As a result, they are invaluable for the wealth of qualitative detail they contain. These legal documents have also been complemented by other contemporary sources including newspaper reports and printed pamphlet literature. ... This thesis concludes first that neighbours and fellow household residents were usually in the strongest position to affect the outcome of criminal cases, either by offering assistance or disclosing incriminating information. The importance of household and neighbours rather than kin was closely tied to the domestic context in which many female crimes took place, and the 'insider knowledge' that was gained by living in close proximity to one another. However, if and when women retained links to family and kin who lived within travelling distance, they remained an important source of support. Secondly, the thesis identifies the detection and prosecution of crime as a gendered experience; contemporary social expectations about gender influenced both legal processes and the shaping of witness accounts. Thirdly, in its examination of local responses to female crime, the thesis supports the theory that a notable shift in sentiment towards female nature and legal culpability occurred during this period, which in turn affected the support offered to female defendants. Overall, the thesis demonstrates the paramount importance of witness testimony in articulating the circumstances surrounding female crimes, and the complex negotiations of interpersonal relationships which influenced how this evidence would be contextualised as supportive or not when it was delivered.

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Donoghue, Jane Catriona. "The use of antisocial behaviour orders (ASBOs) in Britain : unpacking the primacy of legal procedure(s) and judicial discretion". Thesis, University of Stirling, 2007. http://hdl.handle.net/1893/364.

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The primary thesis that the chapters which follow are concerned to elaborate and to substantiate is to what extent legal procedure(s) and judicial discretion influence the administration, management and outcomes of Antisocial Behaviour Order (ASBO) use in Britain. A great deal of the existing academic literature on the use of ASBOs in Britain locates the strategic importance of the ‘relevant authorities’ (local authorities, housing associations, registered social landlords (RSLs), the police) involved in ASBO applications. While acknowledging the importance of existing scholarship which highlights the significance of the contribution of these applicant agencies in shaping ASBO outcomes, this thesis contends that the position of both legal procedure(s) and the court system in ASBO applications is also one of fundamental primacy, which necessitates further examination and analysis. Moreover, there are also no comparative studies in existence that analyse the substantive differences and/or similarities between ASBO administrative procedure(s) in Scotland, and in England and Wales. Hence this thesis will also provide a comparative account of relevant aspects of legal and administrative procedure(s) across these jurisdictions. The data production approach applied in this thesis is both quantitative and qualitative in its composition. An online survey questionnaire was used to obtain data on solicitors’ experiences of ASBO application and court procedure(s) (in Scotland, and in England and Wales), and semi-structured interviews were conducted with Sheriffs in the lower courts in Scotland in order to obtain information on judicial discretion and decision-making in ASBO cases. The study found that legal procedure(s) and judicial discretion fundamentally impacted on the operation of antisocial behaviour legislation and the use of ASBOs in both Scotland, and in England and Wales. Specifically, legal procedure(s) and judicial discretion influenced the form of ASBO prohibitions and the type of behaviour made the subject of an order; the extent of the impact of mitigating factors; the evidentiary requirements necessary for an interim/ASBO application; the sentencing tariffs for breach; the frequency with which orders on conviction are issued; the frequency with which orders are granted to children and young people; and the ability of alleged antisocial behaviour perpetrators to defend or to appeal action against them. Building on existing theoretical frameworks on procedural justice (Galligan, 1996a; 1996b; Halliday, 1998; 2004), and, moreover, on conceptual paradigms of ‘fairness’ and consistency in judicial decision-making developed in other empirical studies of procedure and judicial discretion in the lower courts (Anleu and Mack, 2005; 2007; Cowan et al., 2006 Hunter et al., 2005; Lawrence, 1995), the thesis develops an account of the network of (procedural and juridical) factors that influence the use of ASBOs in Britain. The thesis concludes that, in order to ensure greater consistency, stringency and accuracy in approach to ASBO cases – in essence, in order for there to be more ‘fairness’ in ASBO processes - there must be a greater socio-legal focus upon the influence of both substantive practices and formal procedural rules.

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Mott, Michelle Lea. "Testimonies of change : experiences in social justice activism in Austin, TX and London, UK". Thesis, 2011. http://hdl.handle.net/2152/ETD-UT-2011-05-3710.

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In this thesis, the author draws upon data collected through in-depth interviews with twelve social justice activists and organizers in London, UK and Austin, TX to look at contemporary practices of feminist antiracist social justice work. Informed by the Civil Rights, feminist and antiracist social movements of 1960s and 70s, activists and organizers in the United States continue to build upon theoretical understandings of intersecting systems of oppression to build new practices of community and racial justice.
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Libri sul tema "London (England). Courts of Justice"

Smith, Greg T. (Greg Thomas), 1967- editor, a cura di. Summary justice in the city: A selection of cases heard at the Guildhall Justice Room, 1752-1781. [London]: London Record Society, 2013.

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Association, American Bar, Senate of the Inns of Court and the Bar. e Law Society (Great Britain), a cura di. Justice for a generation: Papers presented in London, England, July 15-19, 1985, at the plenary sessions of a meeting between American Bar Association, the Senate of the Inns of Court and the Bar, [and] the Law Society of England and Wales. St. Paul, Minn: West Pub. Co., 1985.

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Millham, Spencer. Juvenile justice and child care in England. Ann Arbor, MI: Center for the Study of Youth Policy, 1991.

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(Society), Justice. Coroners courts in England and Wales: A report by JUSTICE. London: Justice, 1986.

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JUSTICE. The judiciary in England and Wales: A report by JUSTICE. London: Justice, 1992.

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Council, National Consumer. Ordinary justice: Legal services and the courts in England and Wales : a consumer view. London: H.M.S.O., 1989.

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Maureen, Mulholland, Pullan Brian 1935- e Pullan Anne, a cura di. Judicial tribunals in England and Europe, 1200-1700. Manchester: Manchester University Press, 2003.

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Tindall, Gillian. Two hundred years of London justice: The story of Hampstead and Clerkenwell magistrates' courts. [London]: Camden History Society, 2001.

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Diane, Johnson, Gibson Bryan e Stanley Chris, a cura di. Youth justice and the Youth Court: An introduction. Hook, Hampshire, United Kingdom: Waterside Press, 2010.

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Stebbings, Chantal. Legal foundations of tribunals in nineteenth-century England. Cambridge: Cambridge University Press, 2006.

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Capitoli di libri sul tema "London (England). Courts of Justice"

Fox, Eleanor, e Martin Ingram. "Bridewell, bawdy courts and bastardy in early seventeenth-century London". In Cohabitation and Non-Marital Births in England and Wales, 1600–2012, 10–32. London: Palgrave Macmillan UK, 2014. http://dx.doi.org/10.1057/9781137396273_2.

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Pfitzner, Naomi, Kate Fitz-Gibbon, Sandra Walklate, Silke Meyer e Marie Segrave. "Justice Under Lockdown". In Violence Against Women During Coronavirus, 115–35. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-29356-6_7.

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AbstractThis chapter provides a cross-country exploration of policing and court responses to domestic and family violence during the COVID-19 pandemic. While traditional policing and court response models were disrupted during the pandemic, many police forces and courts adapted their practices, building on already existing digital and remotely enabled options to ensure access to justice was maintained throughout the pandemic. Using empirical data from England and Wales as a case study, this chapter examines the ongoing viability of these options for the delivery of justice, especially for those experiencing DFV, and considers the preparedness of criminal justice systems for future crises.

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Walliss, John. "Crime and Justice in the Courts of Great Sessions: The Brecon Circuit 1760–1830". In The Bloody Code in England and Wales, 1760–1830, 89–123. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-74561-9_4.

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Smith, Andrew, Guy Osborn e Goran Vodicka. "Private Events in a Public Park: Contested Music Festivals and Environmental Justice in Finsbury Park, London". In Whose Green City?, 83–102. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-04636-0_5.

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AbstractCity parks have long been understood as contested spaces. But creeping privatisation and commercialisation in an era of neoliberal austerity have heightened tensions between different user groups, and between local communities and park authorities. This chapter provides an in-depth case study of a contested green space in a global city. Finsbury Park in London opened in 1869 as the people’s park with the aim of improving the living conditions for the working classes. However, it is now a highly commercialised park, regularly hosting private events which are justified by the local authority as necessary to finance the maintenance of the park. The chapter focuses on the dispute between the local Friends group and Haringey Borough Council over music festivals staged in Finsbury Park. The Friends of Finsbury Park have challenged the legality of these events in the UK courts as they affect the accessibility of public space. Wireless—billed as the UK’s biggest and most famous urban music festival—is particularly controversial. This is an expensive and disruptive event, but one that celebrates urban and youth cultures, suggesting it may have positive as well as negative effects on park accessibility. Based on field work conducted from 2017 to 2020, and the analysis of documents covering the dispute, this case study assesses the ways that music festivals affect the status of Finsbury Park as a people’s park. The chapter highlights the wider implications of this local dispute and outlines the socio-spatial impacts of the shift in London towards parks financed by commercial income.

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King, Peter. "Conclusion: Law and Social Relations, 1740–1820". In Crime, Justice, and Discretion in England 1740—1820, 353–74. Oxford University PressOxford, 2000. http://dx.doi.org/10.1093/oso/9780198229100.003.0011.

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Abstract The legal institutions of the eighteenth century were complex and full of ambiguities. Although for the sake of brevity historians often use phrases such as ‘the legitimacy of the law’ and ‘popular attitudes to the law’, the law was not, of course, as monolithic as this implies. The law held different meanings for different people and its pluralistic nature meant that each individual or social group might have a range of often contradictory experiences of legal institutions. There were important regional differences—between London and the provinces, for example, or between areas that had easy access to the different types of court and areas that did not. More important, the administration of the law was multifaceted. The punishments it imposed and the social groups that mobilized it changed fundamentally according to the type of offence being dealt with. For example, even the limited research so far published indicates that the laws relating to assault were extensively mobilized by the labouring poor, as were the opportunities offered by the summary courts to appeal for relief, to obtain unpaid wages, or to resolve a variety of other disputes. Given that a substantial number of labourers also brought theft prosecutions to the courts, it is clear that the eighteenth-century poor did not meet the law only as criminal sanction. However, it is equally apparent that in this period the criminal justice system did not process the central category of offenders focused on in this study—those who had appropriated others’ property—in an impartial or neutral way.

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Beattie, J. M. "The Old Bailey in the Late Seventeenth Century". In Policing and Punishment in London, 1660-1750, 259–312. Oxford University PressOxford, 2001. http://dx.doi.org/10.1093/oso/9780198208679.003.0006.

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Abstract We have seen some of the ways in which alterations in the policing of the City of London in the century after the restoration of Charles II reflected changes in the society and economy of the metropolis as well as contemporary anxieties about crime. The following four chapters take up the parallel story of the variety of responses to the crime problem in the criminal justice system more narrowly, centring on the changing nature of the law and the work of the most important criminal court in England, the Old Bailey. We begin with a chapter on the way trials were conducted in the late seventeenth century. with the nature of juries, the verdicts reached in property cases, the penal options available to the courts at the beginning of our period, and the way the criminal law was put into practice.

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McConville, Mike, e Luke Marsh. "The Global Diaspora". In The Myth of Judicial Independence, 229–54. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198822103.003.0011.

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This chapter focuses on how Rules hatched in England which governed police–citizen relations helped shape the justice apparatus of occupied states and the actions of officials administering them. In restructuring the relationship of criminal suspects and police to the criminal justice system, English judges rolled out defective procedures, which remain part of the fixture and fittings of those jurisdictions still burdened by the colonial inheritance. This chapter will reveal how senior judges, whether sitting in the Privy Council in London or reposing in the highest courts of former colonial outposts, continue as legal missionaries proselytizing the common law and overseeing the implementation of rules, discredited and long-discarded back home.

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King, Peter. "Trials, Verdicts, and Courtroom Interactions". In Crime, Justice, and Discretion in England 1740—1820, 221–58. Oxford University PressOxford, 2000. http://dx.doi.org/10.1093/oso/9780198229100.003.0007.

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Abstract Having analysed pretrial processes and assessed the impact of their deeply discretionary nature on recorded crime rates and on the vulnerability of different groups to prosecution, Part 3 now focuses on the final stages of the accused’s journey through the judicial process. Chapter 7 deals with trials and verdicts, Chapters 8 and g with sentences and pardoning, and Chapter IO with rituals of punishment. Although trials and verdicts were better documented than pretrial hearings and decisions, severe evidential problems remain. The first stage of the trial process, the grand jurors’ private deliberations, remained shrouded in mystery and even the public trials held before petty juries were rarely systematically recorded because they were primarily intended to be oral confrontations between victim and accused. Newspapers, judges’ reports, private correspondence, and formal court records all provide some insights into the trial process, but the most important source was created by the London printers who published detailed reports of every Old Bailey sessions. The survival of these sessions papers has enabled several historians1 to study metropolitan trials in detail but provincial trials are more problematic.

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King, Peter. "Magistrates and Summary Courts". In Crime, Justice, and Discretion in England 1740—1820, 82–126. Oxford University PressOxford, 2000. http://dx.doi.org/10.1093/oso/9780198229100.003.0004.

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Abstract Despite the assistance he or she sometimes received from others, it was the victim who decided whether or not to move the accused on to the next stage of the judicial process by taking him before a Justice of the Peace. The magistrates themselves rarely influenced this decision. Most eighteenth-century JPs were not directly concerned with the detection of offenders. A few diligent magistrates did sometimes involve themselves in advertising and apprehending suspects but such men were exceptional.

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Townend, Judith, e Lucy Welsh. "A History of Accountability in Criminal Courts". In Observing Justice, 12–39. Policy Press, 2023. http://dx.doi.org/10.1332/policypress/9781529228670.003.0002.

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Chapter Two provides historical context on the way in which open justice and accountability have developed in England and Wales. It considers modes of accountability in the criminal process, public participation in the criminal courts, and its development in recent decades. It looks at the place of open justice in a wider tradition of justice system accountability, sitting alongside and underpinning other important tools. As part of this exercise, the authors detail the main methods for contemporary observation of physical criminal court hearings and access to different information types, drawing attention to the main obstacles and gatekeepers. They also explore the main theoretical rationales for the contemporary approach to open justice which, it is suggested, can be categorised as punitive (shaming), deterring, educational, scrutable (ensuring fairness and proper conduct). The chapter then critiques these various arguments, proposing that understandings of justice system accountability need to recognise their weaknesses and strengths. The authors introduce one of their core arguments, that policy and law makers should prioritise informational transparency as a means of scrutiny and education, rather than as a means of an individual’s punishment and deterrence.

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Rapporti di organizzazioni sul tema "London (England). Courts of Justice"

Mutebi, Natasha. Problem-solving courts. Parliamentary Office of Science and Technology, UK Parliament, luglio 2023. http://dx.doi.org/10.58248/pn700.

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Abstract (sommario):

Problem-solving courts (PSC) are a problem-solving approach targeting the complex needs of individuals within the criminal or family justice systems. Over the last 20 years, PSC have been introduced into the UK to address the personal, social and structural factors underlying behavioural issues that often contribute to re-offending. In June 2023, the Ministry of Justice launched three courts with problem-solving components referred to as Intensive Supervision Courts (ISC). Focusing on rehabilitative outcomes, PSC combine intervention programmes with judicial oversight through regular reviews. By placing judges and magistrates at the centre of rehabilitation, PSC target individuals or families with complex needs, who might not benefit from standard court proceedings and supervision, with an aim to improve long-term life outcomes. This POSTnote provides an overview of PSC in England and Wales. It outlines different PSC and courts with PSC elements that operate within adult criminal courts, family courts and youth courts across England and Wales, drawing data from case studies in the UK and, where relevant, internationally. It also discusses potential challenges to fully implement PSC and their approaches as well as opportunities for more effective implementation of PSC across England and Wales. Key points Key elements of PSC include intensive intervention programmes, that seek to address underlying social and health issues through regular judicial monitoring and cross-governmental collaborative efforts. Several ongoing PSC and courts with PSC elements operate within adult criminal courts, family courts and youth courts across England and Wales. Although there is a substantial international evidence base, there seems to be limited evidence about the effectiveness of PSC in the UK due to inconsistent implementation and evaluation. Challenges to PSC implementation can include costs, lack of funding, limited evidence, procedural issues and lack of widespread judicial engagement. Opportunities for effective PSC implementation include use of existing resources, multi-agency partnerships, advocating for specialist services and a change in culture within the judiciary.

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Flandreau, Marc. Pari Passu Lost and Found: The Origins of Sovereign Bankruptcy 1798-1873. Institute for New Economic Thinking Working Paper Series, giugno 2022. http://dx.doi.org/10.36687/inetwp186.

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Verdicts returned by modern courts of justice in the context of sovereign debt lawsuits have upheld a ratable (proportional) interpretation of so-called “pari passu” clauses in debt contracts which, literally, promise creditors they will be dealt with equitably. Such verdicts have given individual creditors the right to interfere with payments to others, in situation where the sovereign had failed to make proportional payments. Contract originalists argue that this interpretation of pari passu clauses has no historical foundation. Historically, they claim, pari passu clauses never granted individual creditors a unilateral right to block payments to other bondholders assenting to a government debt restructuring proposal. This article shows this claim is incorrect. Drawing on novel archival research, it argues that pari passu clauses find one potent historical origin in the operation of a now forgotten sovereign bankruptcy tribunal, the London stock exchange. Under the law of the stock exchange, departure from ratable payments did create a unilateral right for individual creditors to interfere with sovereign debt discharges. In fact, ratable distributions provided the touchstone for the stock exchange sanctioned sovereign debt discharge system. What is more, sophisticated contract drafters availed themselves of the logic. The result was a weaponization of pari passu clauses, and their inscription into sovereign debt covenants in the 19th century. The article concludes that the modern debate on the role of clauses in sovereign debt contracts cannot be held without thorough reconsideration of the history of sovereign bankruptcy.

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