Дисертації: "History and law"

1

Douglas, Heather Anne. "Legal narratives of indigenous existence : crime, law and history /." Connect to thesis, 2005. http://eprints.unimelb.edu.au/archive/00001751.

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2

Minato, Junichi. "Growth history of quartz crystals twinned after Japan law." 京都大学 (Kyoto University), 2002. http://hdl.handle.net/2433/150001.

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3

Bose, Feler. "Evolutionary impulses in law." Fairfax, VA : George Mason University, 2007. http://hdl.handle.net/1920/2986.

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Thesis (Ph. D.)--George Mason University, 2007.
Title from PDF t.p. (viewed Jan. 17, 2008). Thesis directors: Charles K. Rowley, Duncan Black. Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Economics. Vita: p. 206. Includes bibliographical references (p. 201-203). Also available in print.

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4

Maranan, Joven G. "Countdown to martial law| The U.S.-Philippine relationship, 1969-1972." Thesis, University of Massachusetts Boston, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10160224.

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Between 1969 and 1972, the Philippines experienced significant political unrest after Philippine President Ferdinand Marcos’ successful reelection campaign. Around the same time, American President Richard Nixon formulated a foreign policy approach that expected its allies to be responsible for their own self-defense. This would be known as the Nixon Doctrine. This approach resulted in Marcos’ declaration of martial law in September 1972, which American officials silently supported. American officials during this time also noted Marcos’ serving of American business and military interests. Existing literature differed on the extent Marcos served what he thought were American interests. Stanley Karnow’s In Our Image noted that Marcos did not adequately serve American interests, noting that he sent an insignificant amount of soldiers to Vietnam. Karnow also did not mention business interests. Raymond Bonner’s Waltzing with a Dictator mentioned that Marcos was effective for serving American business and military interests. James Hamilton-Paterson’s America’s Boy agrees with Bonner’s assessment, also noting that Marcos served American business and military interests. Materials from the Digital National Security Archive (DNSA) and Foreign Relations of the United States (FRUS) series affirmed Bonner and Hamilton-Paterson’s position, while noting that Karnow’s work was outdated because of the limited information he had when In Our Image was published. There are three issues that concerned the U.S.-Philippine relationship under President Marcos during this time. The first issue was the societal and political unrest that threatened to undermine Marcos. The second issue concerned U.S. officials’ application of the Nixon Doctrine to the Philippines. The third regarded President Marcos’ serving of military and business interests in the Philippines. Marcos supported maintaining America’s Filipino bases, which were important hubs of American military operations during the Vietnam War. In addition to military interests, President Marcos also aided American businesses in the Philippines, by removing restrictions that threatened American business activity. Each of these concerns led to President Marcos’ declaration of martial law. American officials’ tacit support for Marcos reflected their commitment to the Nixon Doctrine, which ensured political stability that preserved American business and military interests.

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5

Jackson, Betty Lee. "The poor law in Lancashire 1820-50." Thesis, Lancaster University, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.337367.

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6

Wells, Elizabeth. "Common law reporting in England 1550-1650." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260105.

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7

Ryan, Magnus Jerome. "The Libri Feudorum and the Roman law." Thesis, University of Cambridge, 1993. https://www.repository.cam.ac.uk/handle/1810/272260.

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8

Hamzic, Vanja. "A history in the making : Muslim sexual and gender diversity between international human rights law and Islamic law." Thesis, King's College London (University of London), 2013. https://kclpure.kcl.ac.uk/portal/en/theses/a-history-in-the-making(1fff3bb6-e893-40f0-88eb-85ec4d8549de).html.

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This thesis offers a critical historical analysis of the discourses on sexual and gender diversity related to international human rights law and Islamic law, as well as an ethnographic account of contemporary Muslims in Lahore, Pakistan whose pluralist sexual and gender experience defies the punitive gaze of state law. The central hypothesis of this project is that critical - and parallel - examinations of the legal, social and political genealogies of human rights law and the Islamic legal tradition, as they relate to human sexual and gender difference, can reveal some salient patterns of insurrectionary vernacular discursive practices. It is, moreover, posited that sexually diverse and gender-variant Muslims already engage in such practices, which help them to negotiate their legal, political and social positions. The ethnographic part of this thesis, then, documents and interrogates those practices, while the concomitantly pursued historical analysis provides a broader background for understanding their invaluable role. Thereby compiled and recounted, a history - of sexual and gender plurality amidst the umma (1) past and present - is always already in the making. Whilst its roots - and rites run deep into the idiosyncratic forms of Muslim sociality, that narrative is now increasingly seen as a part of larger human rights and sexual/gender reforms. This thesis, thus, also endeavours to contextualise and historicise the treatment of sexual/gender diversity in international law- epitomised in the (legal) ascendance of the notions of sexual orientation and gender identity - by retracing, inter alia, the making of the sexual and gendered subject of Christian and European law. Ultimately, this thesis is an interdisciplinary account of Muslim sexual and gender diversity, and of the attempts of historical and contemporary legal systems at its regulation.

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9

Cohen, Jonathan. "Some aspects of the history of restitution in Jewish law." Thesis, University of Liverpool, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.367053.

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10

Lodhi, Onees. "The concept of Hijra in Islamic law : a transregional history." Thesis, SOAS, University of London, 2018. http://eprints.soas.ac.uk/30274/.

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11

Thompson, Bankole. "The constitutional history and law of Sierra Leone (1961-1995) /." Lanham (Md.) : University Press of America, 1997. http://catalogue.bnf.fr/ark:/12148/cb389022691.

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12

Tran, Kien. "The history of intellectual property law of Vietnam, 1945-1994." Thesis, University of Glasgow, 2015. http://theses.gla.ac.uk/6953/.

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This thesis centres on the principal question of the existence of intellectual property law between 1945 and 1994 in Vietnam, and related issues that flow therefrom. A common orthodoxy held that there was no real intellectual property law in the country until the early 1980s, and that the law has been a feature of the Vietnamese legal system only since 1981. This common belief is shared by an absolute majority of scholars, lawyers, and practitioners, both domestic and foreign, who have studied the intellectual property law of Vietnam. This thesis will seek to disprove that belief by drawing on extensive archival evidence, to reconstruct, for the first time, a unique, ignored system of laws regulating copyright, patent, and trade mark, among other kinds of intellectual property protection, in existence between 1945 and 1994. In fact, the existing system of intellectual property law was composed of two main sources. The first component part is comprised of a large corpus of colonial laws from France and a small number of indigenous provisions developed by local governments modelled after the French laws, as well as a unique and local common law practice in relation to intellectual property rights which has been recorded since the seventeenth century. This part of the system dated as far back as 1864 and lasted theoretically until 1955 within the context of a colonial and semi-feudal society. The second part, addressed in the principal part of this thesis, is the theory and practice of socialist law. This part was introduced into Vietnam as early as 1945. At first, it was a supplementation to the established, continued body of colonial laws but, subsequently, from the late 1950s, it evolved to become the principal system, replacing the old laws within the framework of socialist legality, upholding the dictatorship of the proletariat and a centrally planned economy. Since 1986, Vietnam has embarked on a radically different route to develop intellectual property law in compliance with various bilateral and international intellectual property and free trade treaties. Consequently, this socialist intellectual property law was finally displaced as of 1994, as the result of various reforms driving the country towards a market-based economy under a rule of law state.

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13

Harrison, James M. "The Development of Natural Law from Plato to the Renaissance." PDXScholar, 1994. https://pdxscholar.library.pdx.edu/open_access_etds/4849.

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The development of natural law has had a profound influence on the course of European civilization. I have started my research with natural law as it was conceived by Socrates and Plato. I then followed the major developments and changes that occurred to this original design through to the height of the Renaissance in the Sixteenth century. I relied mostly on secondary sources for several reasons. First the translations of the original materials are all well established. This includes translations of Plato, Aristotle, Aquinas, Ockham, Suarez, Luther, as well as others. Secondly, and more importantly, the emphasis of my research was not to describe the secondary and tertiary intellectual work of the thinkers after Plato. Rather I wish to show how the philosophical forces that Plato struggled against during his lifetime reemerged later in two major philosophies peculiar to Europe and how these essentially distorted his original design.

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14

Jiang, Yun. "Comparative study on the history of derivative action." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3525657.

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15

Raybould, D. M. "The transnational law of monopolies." Thesis, City University London, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.373949.

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16

Bemmer, Jacqueline. "The early Irish law of pledging." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:dbde1343-66d9-4ade-b601-eb4518ccc646.

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This thesis investigates the law of pledging as presented in the early Irish laws and draws connections to its relations within the overall system of security. At the centre of my research stands the question what pledges Irish law recognised and how their application was determined, so as to provide a paradigm for the law of pledging in its entirety. A pledge is usually a movable, material object of symbolic and economic worth that is given to another person as a security deposit for an outstanding obligation. The main findings of this thesis are a first paradigm of the law of pledging and a methodological and contextual categorisation of all types of pledges that opens doors for future research into property law. The combined discussion of pledges, hostages and sureties offers the reader insight into a triple method of security and its differences. Moreover, the close relationship between given pledges and distrained pledges is unravelled for the first time. Of further note is the comparative investigation into pledging. Therein, the reader is presented with how pledges are used in Welsh, Salic, Lombard, Visigothic, and Burgundian law. The objective is to offer the reader a view into the possibilities of pledging and to provide a framework against which the Irish evidence can be probed, which reveals how sophisticated and attentive to detail the Irish laws were. Finally, a translation of the primary source text 'Bretha im Fuillemu Gell' (Judgements concerning Pledge-interests) is made available to the reader in the Appendix.

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17

Lam, Hok-chung, and 林學忠. "International law in Late Qing China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2003. http://hub.hku.hk/bib/B36266061.

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18

Gallagher, Alan L. "Each in its own sphere : religion and law in Oregon history." PDXScholar, 1985. https://pdxscholar.library.pdx.edu/open_access_etds/3575.

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19

Dammery, Richard John Edward. "The law-code of King Alfred the Great." Thesis, University of Cambridge, 1991. https://www.repository.cam.ac.uk/handle/1810/251507.

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20

Glick, Daphne. "The movement for partnership law reform 1830-1907." Thesis, Lancaster University, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.293215.

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Legal historians have tended to neglect the development of private law, particularly in relation to commerce, save for studies on the introduction of the Limited Liability Company in 1855. However, notwithstanding the 1855 legislation, the partnership remained the dominant form of business organisation until the late nineteenth century despite the difficulties encountered from the uncertainty and complexity of the law. A study of the movement for partnership legislation illustrates the problems and difficulties in the advancement of private law legislation. This thesis is a study of certain of the organisations involved in the attempted reform of partnership law in the nineteenth and early twentieth century. Contemporary source material has been utilised to illustrate the discussions and debates that were conducted by leading Chambers of Commerce,Law Societies and the Society for the Promotion of the Amendment of the Law. The Board of Trade records also have been consulted to determine the relationship between the Government and the commercial associations. No major change was made in the law until lQ07; the Partnership Act 189O merely enshrined the existing common law provisions. This thesis attempts to examine the reason why no earlier reform was achieved and, in particular, the role played by organisations to whom Partnership Law was of special concern. The central argument individual organisations legislation and could of the thesis is that the were not capable of forcing not form effective pressure groups because of their lack of cohesion of ideas and objectives. It is also suggested that the Government actively discouraged any attempts at reform. It will be argued that the introduction of the Limited Partnerships Act in lQ07 shows that the role played by individuals - provided they were influential persons - was the most significant factor in the promotion of private legislation in the period reviewed and that law reform did not necessarily arise because of public demand.

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21

McVicker, Philip Leslie Forbes. "Law and order in Northern Ireland 1920-1936." Thesis, University of Ulster, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.254242.

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22

Hewitt, Steven R. "Old myths die hard, the transformation of the Mounted Police in Alberta and Saskatchewan, 1914-1939." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq23937.pdf.

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23

Charlesworth, Lorie R. "Salutary and humane law, a legal history of the law of settlement and removals, c.1795-1865." Thesis, University of Manchester, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.697432.

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24

Ford, John Davidson. "The rational discipline of law : a historical study of Stair's 'Institutions of the Law of Scotland'." Thesis, University of Cambridge, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.302941.

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25

Joseph, Rosara. "The war prerogative : history, reform and constitutional design." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:9b7c6ac7-6c0e-4a84-ac01-bd11732d0ef8.

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This thesis studies the evolution of the war prerogative in England from 1600-2010. It traces the historical theory and practice of the war prerogative and proposes reform of the constitutional arrangements for its exercise. It addresses three key questions. First, what have writers on political and constitutional theory said about the constitutional arrangements for the war prerogative, and, in particular, what justifications have been advanced for those arrangements? Secondly, in practice, has the executive in fact possessed sole and exclusive powers over war and the deployment of force, or have Parliament and the courts had a role to play in their exercise and scrutiny? Thirdly, are there better ways to organise our constitutional arrangements for the war prerogative, to enable a more substantive role for Parliament (particularly the House of Commons) in its exercise and scrutiny? On the first question, I show that orthodox theoretical and political discourses have continuously asserted the executive’s exclusive power over war, but the justifications advanced for that arrangement have changed over time. Those changes reflect the varying influence of different political theories at different times. On the second question, I find that, contrary to orthodox theoretical and political discourses, Parliament has played an active and substantive role in the exercise and scrutiny of the war prerogative. The courts have refused to intervene in the exercise of the war prerogative, but have been more ready to intervene in cases involving the exercise of powers incidental to the war prerogative. On the third question, I argue that reform of the constitutional arrangements for the war prerogative is necessary and desirable. I recommend the use of ‘institutional mechanisms’, which are small-scale rules and institutional arrangements, within existing institutions, which aim to promote certain normative goals. In particular, I propose a statute which would impose conditions on the executive’s exercise of its war prerogative. I argue that these proposals show that, through careful institutional design, democratic values, national security and operational efficiency can each be reconciled and promoted.

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26

Schelle, Karel [Verfasser]. "Competition Law in the Czech Republic (History and Present) / Karel Schelle." München : Verlag Dr. Hut, 2010. http://d-nb.info/1009095307/34.

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27

Banks, Catherine, and n/a. "Lost in Translation: A History of Moral Rights in Australian Law." Griffith University. Griffith Law School, 2005. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20061006.114720.

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This thesis is a history of moral rights in Australian law. It traces the historical discourse about moral rights in Australian law and demonstrates how that discourse has shaped the meaning moral rights have come to assume in their current form under the current regime contained in the Copyright Amendment (Moral Rijghts) Act 2000. This history examines the reception and later production of a moral rights discourse in Australian law, and reveals that the historical discourse about Australian moral rights was dominated by the three themes; foreignness, international obligation and economic impact. I contend these three themes fundamentally shaped moral rights as they now appear in the moral rights regime. As the history unfolds, it will become clear that the moral rights regime was organised around a specific repertoire of arguments and imaginings, and it is this discourse that informs this thesis. My argument is pursued in three stages. Section One of the thesis provides the historical detail of the moral rights trajectory in Australian jurisprudence, and reveals, within that history, the emergence of three dominant themes, which are pursued in subsequent detail. In addition to the history, this section also provides detailed discussion of the legislative provisions in order to illustrate moral rights as a product of the history, and it highlights some of the shortcomings of the regime and provides some background for the case study in Section Two. Section Two of the thesis interrogates the structure of the moral rights regime by applying the Act's provisions to the case study of indigenous creators, thus providing a contemporary example of how these rights may work in practice, as the result of the historical discourse. Thus this section sets the scene for final part of the thesis, which delves further into the historical discourse. Section Part Three follows the themes of the moral rights debate as they emerged historically. Reconceptualizing the moral rights discourse in this way helps to explain why the debates about moral rights took a particular course and produced the outcomes it did. The starting point for these discussions is a detailed examination of the themes of foreignness, international obligation and economic impact, and follows these themes as they evolved chronologically. In particular, the discussion reveals that the debates about moral rights effectively fall into two eras. The first era (1928-1988) centred around the question of whether Australia should introduce moral rights and the debates about the appropriateness of the reception. At the commencement of the second era (1988-2000) the question shifted to what form moral rights should take. This then provides a backdrop with which to understand why specific discussions about moral rights were sidelined during the years of debates leading up to the legislation; in particular, the subject and the object; which form the fulcrum of a moral rights action. This is an essential part of the history because it explains why the subject and the object came to be imagined and constructed in such a narrow and limited way and clarifies why the moral rights provisions appear manifestly ineffective, particularly for indigenous creators and their communities. This thesis contributes to legal history in three important ways. First, it provides a detailed account of a discourse about moral rights in Australian law, and in doing so challenges the long held assumptions about their reception and production. Second, it highlights the importance of history to legal discourse. Just as regulatory regimes, institutions, and rules are integral to the law, so too are the informal practices, discourses and contexts on which they were based. Third, it reminds the reader that history is a signpost, and this history of moral rights demonstrates that the way this law was derived, imagined and constructed has significance for the social, cultural and legal context in which that process takes place.

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28

Wu, Aaron. "Sustaining international law : history, nature, and the politics of global ordering." Thesis, London School of Economics and Political Science (University of London), 2018. http://etheses.lse.ac.uk/3845/.

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This thesis investigates how the natural environment is conceptualised in international law. Environmental campaigners typically place great faith in the discipline's ability to restrain the onset of growing 'global' problems: such as species extinctions, clearing of forests, pollution, and climate change. Law has traditionally been a key domain for efforts to regulate, and curb, these problems. While a vast body of existing literature assesses the effectiveness and adequacy of these initiatives, this dissertation takes a different approach. It explores particular visions of the natural environment that inform such initiatives. I will proceed from the premise that international law, rather than merely reflecting the natural environment, shapes how we perceive it. With this in mind, I will investigate a selection of stories that international law tells about the natural environment, and consider the different, competing stories it deprivileges. The key question is: what role has international law played in making certain ways of thinking about nature come to seem normal or intuitive, and how does this affect efforts to curb environmental harms? Adopting historical and philosophical approaches informed by critical approaches to law, I will show how dominant manifestations of nature are articulated-and sustained-with regard to ideas of mastery and resources, national economies and conservation, the (human) environment, sustainable development, the green economy, and natural capital. I will use insights from radical ecological and postcolonial theory to highlight the ramifications of such conceptualisations. My discussion will focus on a series of key episodes in the history of international environmental law, as well as on the work of prominent scholars and institutions in the field of international environmental law. I will argue that international law is constrained in its efforts to deal with environmental problems insofar as the discipline is itself complicit in the use, abuse, and subjugation of environments. Furthermore, I will contend that the idea of the environment is continually reconstructed and repositioned, in ways that sustain a certain relationship, or form of global ordering. As we shall observe, debates in international fora over the scope and meaning of the environment fostered anxieties about the degree to which it was being adequately protected. Yet, I will suggest, these were neutralised-or co-opted-in ways that reinforced dominant logics. Put simply, international law and institutions have sustained a narrow understanding-or framing-of the environment. Ultimately, it has confined the outcomes of environmental policies to a set of largely predetermined outcomes. This undermines international law's contingency and potential dynamism. Added to this, is the implication that such framings are designed to preserve the power and privilege of a small minority of the world's peoples.

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29

Banks, Catherine. "Lost in Translation: A History of Moral Rights in Australian Law." Thesis, Griffith University, 2005. http://hdl.handle.net/10072/365849.

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Анотація:

This thesis is a history of moral rights in Australian law. It traces the historical discourse about moral rights in Australian law and demonstrates how that discourse has shaped the meaning moral rights have come to assume in their current form under the current regime contained in the Copyright Amendment (Moral Rijghts) Act 2000. This history examines the reception and Inter production of a moral rights discourse in Australian law, and reveals that the historical discourse about Australian moral tights was dominated by the three themes; foreignness, international obligation and economic impact. I contend these three themes fundamentally shaped moral rights as they now appear in the moral rights regime. As the history unfolds, it will become clear that the moral rights regime was organised around a specific repertoire of arguments and imaginings, and it is this discourse that informs this thesis. My argument is pursued in three stages. Section One of the thesis provides the historical detail of the moral rights trajectory in Australian jurisprudence, and reveals, within that history, the emergence of three dominant themes, which are pursued in subsequent detail. In addition to the history, this section also provides detailed discussion of the legislative provisions in order to illustrate moral rights as a product of the history, and it highlights some of the shortcomings of the regime and provides some background for the case study in Section Two. Section Two of the thesis interrogates the structure of the moral rights regime by applying the Act's provisions to the case study of indigenous creators, thus providing a contemporary example of how these rights may work in practice, as the result of the historical discourse. Thus this section sets the scene for final part of the thesis, which delves further into the historical discourse. Section Part Three follows the themes of the moral rights debate as they emerged historically. Reconceptualizing the moral tights discourse in this way helps to explain why the debates about moral rights took a particular course and produced the outcomes it did. The starting point for these discussions is a detailed examination of the themes of foreignness, international obligation and economic impact, and follows these themes as they evolved chronologically. In particular, the discussion reveals that the debates about moral rights effectively fall into two eras. The first era (1928-1988) centred around the question of whether Australia should introduce moral rights and the debates about the appropriateness of the reception. At the commencement of the second era (1988-2000) the question shifted to what form moral rights should take. This then provides a backdrop with which to understand why specific discussions about moral rights were sidelined during the years of debates leading up to the legislation; in particular, the subject and the object; which form the fulcrum of a moral rights action. This is an essential part of the history because it explains why the subject and the object came to be imagined and constructed in such a narrow and limited way and clarifies why the moral rights provisions appear manifestly ineffective, particularly for indigenous creators and their communities. This thesis contributes to legal history in three important ways. First, it provides a detailed account of a discourse about moral rights in Australian law, and in doing so challenges the long held assumptions about their reception and production. Second, it highlights the importance of history to legal discourse. Just as regulatory regimes, institutions, and rules are integral to the law, so too are the informal practices, discourses and contexts on which they were based. Third, it reminds the reader that history is a signpost, and this history of moral rights demonstrates that the way this law was derived, imagined and constructed has significance for the social, cultural and legal context in which that process takes place.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Griffith Law School
Full Text

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30

Tanner, Andrea Isobel. "The City of London Poor Law Union : 1837-1869." Thesis, Birkbeck (University of London), 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.297281.

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31

Jackson, Louise Ainsley. "Child sexual abuse and the law : London 1870-1914." Thesis, University of Surrey, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.361813.

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32

Hough, Carole Ann. "Women and the law in early Anglo-Saxon England." Thesis, University of Nottingham, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.335867.

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33

Handler, Philip. "Forgery and criminal law reform in England, 1818-1830." Thesis, University of Cambridge, 2001. https://www.repository.cam.ac.uk/handle/1810/272333.

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34

Pollard, Dorette. "Fresh evidence in Canadian criminal law: 1910--2010." Thesis, University of Ottawa (Canada), 2010. http://hdl.handle.net/10393/28814.

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In the last four decades, there has been a dramatic increase in the number of fresh evidence cases before Canadian criminal law appellate courts. Yet when it was first introduced at the turn of the last century, this rule of evidence was meant to be an exception to the principle of the finality of judgments, to be used only on those rare occasions when a miscarriage of justice had occurred. It was intended to prevent the innocent from going to jailor worse, from perishing on the gallows. Historically, fresh evidence was used but rarely prior to 1970. However, starting in the mid 1970s these applications have grown significantly, exploding after the early 1980s. Based on an analysis of an initial database of 2116 fresh evidence matters, the thesis examines the possible reasons for this phenomenon and concludes that there is a direct correlation between the rise in the number of fresh evidence cases after 1970 and the advances in science, including the use of new evidence, such as DNA and expert forensic evidence in criminal law cases. But if the advances in science have made a significant contribution to the growth of fresh evidence applications, it was the advent of the Canadian Charter of Rights and Freedoms that brought a sea change to Canadian criminal law fresh evidence jurisprudence. Through a theoretical framework constructed around the search for truth, rights and theories of fairness, the thesis traces the evolution of appellate adjudication in this area of law that from its origins was meant to be used but rarely in the interests of the administration of justice to prevent miscarriages of justice.

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35

Saccone, Giuseppe Mario. "History as rhetoric in Hobbes' dialogue of the Common Laws and the rise of modern philosophy." Thesis, Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22050449.

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36

Enright, Walter Ian Brooke. "Themes in insurance law." Thesis, University of Exeter, 2017. http://hdl.handle.net/10871/33899.

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1. There are two major pieces of work (the Code Review and Sutton) and a number of themes that are the subject matter for this submission. The Insurance Council of Australia appointed me as the Independent Reviewer of the General Insurance Code of Practice, under the Code and the Terms of Reference, on 3 May 2012. 2. The Code Review work took about two years and involved the Code Issues Paper in October 2012 of 111 pages and the Code Review Report in May 2013 of 205 pages. The majority of my recommendations were accepted and the report has made a contribution to the rethinking of self-regulation and the place of voluntary codes in financial services. By then I was writing, with Professor Robert Merkin QC Sutton on Insurance Law for its 4th Edition. It is two volumes, 24 chapters and about 2100 pages excluding tables and index; my contribution was 12 chapters totalling about 960 pages. 3. The Code Review work, particularly on government agency regulation and self-regulation, influenced the pervasive material in Sutton on regulation. It was the subject of the AIDA Rome paper in 2014 on Principles for Self-Regulation; the paper was published by AIDA. 4. Sutton was published in 2015. Its themes are set out below. Those themes are in turn influences in the other work for this submission. There are seven main themes in the publications which I present in this submission. 5. The historical influences in relation to my Code Review and the historical contextual material in Sutton stimulated my interest in the wider influences on the development of commerce, insurance and law, with a central interest in the ethical foundations of the law and regulation. This aspect was also developed in the Masel Lecture and the article William Murray, Lord Mansfield: His Life, Times and Legacy – Good Faith and Good Works. 6. There had been a number of issues raised in my Code Review about mental illness, insurance and discrimination. I spoke at AIDA in Rome 2014 on Insurance Discrimination Law and the paper was published by AIDA. Then in 2016, the Australian Centre for Financial Studies commissioned me to write the ACFS MID Paper on the use by insurers of mental illness data. The historical perspective and the regulatory framework were important features of both papers. 7. A number of the Sutton themes were first opened out in my Professional Indemnity Insurance Law. The main themes were, in decreasing order of connection with Professional Indemnity Insurance Law, as follows. The first theme is the identification, development and application of the indemnity principle. The second is the adaptation and application of the analysis of contracts by primary and secondary obligations. This theme is in Sutton on the main concepts in insurance as well as liability insurance issues. The Liability Disputes Chapter condenses this thinking and account. The third theme was a renovation of how life insurance issues should be analysed and presented. This life insurance material was then adapted and infused with practical guidance on the decision making process on some issues for the FOS Life Insurance Manual. I developed an aspect of life insurance in the TPD Article. Each of these themes are in my submission original in concept and execution. Each has influenced the development of the law by legisation and the courts.

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37

Sempill, Julian Andrei. "Making law about power." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:a5ffd843-dbad-44c5-b963-bca59da66f6a.

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During the seventeenth and eighteenth centuries, the inhabitants of some parts of Europe and the North American colonies were confronted with proto-state institutional arrangements. In certain cases, they responded ambivalently. That ambivalence is at the heart of what I will call the 'limited government tradition'. The tradition's adherents thought that long historical experience, not to mention the events of their own times, provided ample evidence of the corrupting effects of power on those who wield it. Power-holders, left to their own devices, are likely to succumb to the temptations of power by exercising it arbitrarily. Where they are able to do so comprehensively and systematically, the upshot is tyranny. How, then, to ensure that state power is constituted in a manner that is inhospitable to tyranny? The tradition envisaged a range of measures, including a distinctive vision of 'the Rule of Law'. The Rule of Law would both define and enforce certain limits on state power. This study argues that the tradition's hostility to political absolutism is based on moral foundations which apply with equal force to economic power. The tradition ought to examine the modern constitution of economic power to determine whether it is hospitable to arbitrariness and tyranny. If such an examination is undertaken, we learn that modern economic power poses the kind of moral dangers that the tradition's Rule of Law project is designed to combat. However, the tradition assumes that it need not treat economic power as even a potential target of the Rule of Law. I will call that assumption the 'Consensus'. This study's first major aim is to explain the origins and stubbornness of the Consensus. Its second major aim is to persuade readers that the Consensus is mistaken: the tradition must regard economic power as, at least, a potential target of the Rule of Law.

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38

Weihrauch, Ronja. "Criminalising cannabis in South Africa: a history and post-Prince discussion." Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33974.

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This thesis circles around the history of the criminalisation of cannabis as well as its decriminalisation around 100 years later. While dagga was cultivated and used by the indigenous tribes long before the first settlers arrived and even remained a legal substance during the colonial period, with the implementation of the first national legislation in 1922, the long history of harsh punishments began. Relating the harsh legislation on dagga to its estimated risks, I ultimately confirm dagga to be the black sheep among drugs, having experienced a racial prohibition. In September 2018, the Constitutional Court partially decriminalised dagga, due to the inconsistency of certain regulations prohibiting the use, possession, and cultivation of dagga with the right to privacy as referenced from section 14 of the Constitution. Emphasising the significant and practical impact of this judgement, possibly positive effects of the decision as well as the newly introduced Cannabis for Private Purposes Bill on the desperately overwhelmed criminal justice system are examined. Concluding, I find that the discourse around dagga most certainly is far from complete but that we have to continue conducting it. Because if history teaches us one thing it is that dagga is here to stay.

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39

Wang, Laura Li Ching. "Natural Law and the Law of Nature in Early British Beast Literature." Thesis, Harvard University, 2013. http://dissertations.umi.com/gsas.harvard:11234.

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In the tumultuous political environment of late fifteenth- and early sixteenth-century Britain, animal literature saw rapid development and innovation. Beast fable and epic, which already had a long tradition in Latin and French, gained new vigor and popularity in English and Scots renditions. Simultaneously, a new strain of political theory appeared in the vernacular. This dissertation makes a tripartite argument about the relationship between these two discourses. First, writers of literature and political theory alike struggled to reconcile an optimistic view of human society, inherent in the prevailing philosophical tradition of natural law, with the widespread corruption they witnessed in ecclesiastical and royal courts. The fruits of this struggle were darkly humorous works of beast epic and fable in the former case, and pragmatic political theory in the latter. Second, because of its literary character, beast literature actually proved more adventurous than political theory in demonstrating how one might use dissimulation to dominate the predatory world of politics, and in showing the moral and linguistic exhaustion that could result from such manipulation of others. Third, as political writers adapted their theories to reflect politics as it was actually practiced, they explicitly turned to beast literature for images and exempla, so that the animal characters of Aesopian fable and Reynardian epic stealthily crept into works of serious political inquiry.

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40

Piepho, Scott R. Piepho. "And the Law Won: A History of Rock 'n' Roll in Lawsuits." University of Akron / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=akron1523176340522117.

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41

Jones, Christopher P. "Women in law and Christianity in the later Roman Empire." Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.325081.

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42

Popkins, Gareth. "The Russian peasant volost court and customary law 1861-1917." Thesis, University of Oxford, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.320934.

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43

Mac, Atasney Gerard. "Poverty, poor law and famine in county Armagh 1838-52." Thesis, University of Liverpool, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.272834.

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This thesis examines provision for the poor in County Armagh in the period from the introduction of the Poor Law to the end of the Famine. It begins by analysing the local reaction to the new measure and its impact on existing charities. It then moves on to the enactment of the law through its most conspicuous elements-the workhouses in Armagh and Newry. These establishments were not long developed when they had to cope with the disaster of the famine and an in-depth analysis of their role throughout this period is offered. In conjunction with such official relief efforts were those of private agencies such as the Society of Friends and the Irish Relief Association. To date, these sources have been little used in famine historiography but their worth is highlighted in this work particularly in evaluating government measures such as the Temporary Relief Act (1847). The latter part of the study examines the consequences of the famine years and their impact on the county. By looking at mortality rates, depopulation, emigration and crime levels the conclusion is offered that there were a series of famine experiences in the county. It emerges as no surprise that those in the industrialised north-east escaped relatively lightly while there was much suffering in the south. However, the main finding is that the most distressed districts were those in the middle and west of the county, areas which had previously been buoyant due to the linen industry but by the mid-1840s had started to suffer the effects of de-industrialisation and the concentration of manufacturing in the north-east.

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44

McDiarmid, Claire Robertson. "Scots law : how can and why should it survive?" Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22699.

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This thesis has two main themes: that law is of primary importance to Scotland as a nation and to Scottish nationalism and that the distinctiveness of Scots law is threatened by a discernible tendency towards anglicisation or standardisation with English law. The thesis examines the nature of culture and nationalism in general, and in the Scottish context in particular, and discusses the foundational elements of Scotland's nationhood. Law is specifically considered in the latter two contexts. Thereafter, some elements which substantiate the claim of distinctiveness made for Scots law are identified and one view of the mechanisms by which it is becoming anglicised is presented. Finally, justifications for actively pursuing the survival of the Scottish legal system as a distinctive body of norms are outlined and action which could be taken to ensure that survival is discussed.

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45

Syukur, Iskandar. "The question of foreign influences on early Islamic law." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23245.

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This study aims to discuss the question of foreign influences on early Islamic law. This issue has been dealt with from various perspectives. Some scholars claim that Roman law was the predominant influence in formulating Islamic law, both in its legal concepts and its application. Certain scholars, however, maintain that the provincial law influenced Islamic law more, arguing that Roman law was not really practiced in former Greek provinces where Islamic law was formulated. Still others argue that Jewish influences are also believed to have shaped the development of early Islamic law, considering that Babylonian schools were situated close to the Hanafi school.
The problem of foreign influences on early Islamic law, however, is a matter of degree only as far as the pre-Islamic Arab traditions are concerned. It is believed that certain institutions derived from pre-Islamic Arabic society, the Qur' an and the traditions of the Prophet provided the early Muslims with a considerable wealth of values, norms and broad principles as well as specific rules which were to guide the Muslims in their legal speculation in order to develop positive law.

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46

Boza, Pro Guillermo. "Emergence, Evolution and Consolidation of Labor Law." THĒMIS-Revista de Derecho, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/107946.

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Labor Law arose from the need to provide protection to the objectively weak part of the employment relationship: The worker. However, how did Labor Law originated and inwhich way did it acquire its protective nature? In this article, the author presents a comprehensive history of the origins of Labor Law, the various stages it went through and even its arrival to Peru, as well as the challenges it currently faces.
El Derecho del Trabajo surge ante la necesidad de brindar protección a la parte objetivamente débil de la relación laboral: El trabajador. Sin embargo, ¿cómo se originó el Derecho del Trabajo y de qué forma adquirió su carácter protector? En el presente artículo, el autor nos presentauna completa historia sobre los orígenes del Derecho del Trabajo, las diversas etapas por las cuales tuvo que transitar e incluso su llegada al Perú, así como los retos que enfrenta actualmente.

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47

黃慶恩 and Hing-yan Simon Wong. "Reconstructing the origins of contemporary Chinese law: the history of the legal system of the Chinese communistsduring the revolutionary period, 1921-1949." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2000. http://hub.hku.hk/bib/B31241207.

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48

Kantor, Georgy. "Roman Law and Local Law in Asia Minor (133 BC - AD 212)." Thesis, University of Oxford, 2008. http://ora.ox.ac.uk/objects/uuid:a067546e-6730-4e89-b946-d331a0031a21.

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This thesis is a contribution towards legal history of Roman Asia Minor from the creation of the province of Asia to the enfranchisement of the free population of the Empire by the emperor Caracalla. Chapter I is concerned with the Hellenistic background and with the theoretical framework for explaining the relationship between the suzerain and the cities in the Hellenistic and Roman periods. The possibility of using Bickerman’s ‘surrender and grant’ model for introducing much needed nuance into usual dichotomy of ‘free’ and ‘subject’ cities is argued for. Chapter II deals with the court of the Roman governor. It is argued that there was no limit set on govenor’s jurisdiction from below and that the main way in which governor’s burden was relieved or legal autonomy of local communities guaranteed was through delegation of decision at the apud iudicem stage of the proceeedings. An in-depth study of the procedure is provided. Chapter III provides an analysis of the assize circuit system, above all in the province of Asia. Arguments for continuity with the pre-Roman administrative structure are advanced and a new hypothesis of significant structural changes in the second century A.D. advanced. Chapter IV explores the jurisdiction of other Roman officials: proconsular legates, quaestors, and above all procurators and other imperial officials. The division of responsibility with the governor’s court and their role in covering the areas not usually penetrated by the governor’s jurisdiction is discussed. Chapter V deals with judicial autonomy of the ‘free’ and ‘federate’ cities. It is argued that the extent of these privileges was widely variant and the possibility that some of them applied only to the apud iudicem stage explored. Chapter VI is concerned with courts of the ‘subject’ communities. It is suggested on the basis of recently published evidence that ‘subject’ communities could retain a high degree of judicial autonomy. Different models used by the Romans are explored and compared. Chapter VII explores a vexed question of internal jurisdiction of Jewish diaspora communities in Asia Minor. The validity of Flavius Josephus' evidence is upheld and the role of 'ancestral laws' ideology in Roman interventions in support of Jewish courts discussed. Two appendices discuss a recently published inscription from Chersonesus Taurica and offer an annotated list of passages in the Corpus iuris civilis dealing with Asia Minor in our period respectively.

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49

Pilarczyk, Ian C. "The law of servants and the servants of law, judicial regulation of labour relations in Montreal, 1830-1845." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ50959.pdf.

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50

Waldrep, Christopher Reef. "The night riders and the law in Kentucky and Tennessee, 1870-1911 /." The Ohio State University, 1990. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487681788254022.

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