Showing papers on "Common law published in 1970"

The Church and the Two Nations in Medieval Ireland

Abstract: This book examines the way in which the central English government dealt with Irish ecclesiastical matters from the time of the invasion and partial conquest of Ireland by Henry II in 1171 up to the Statute of Kilkenny. The struggle involved the king, the clergy in Ireland, both Irish and English, and the pope. Using manuscript material and printed sources, which have not been previously used for this purpose, Dr Watt shows how an attempt was made to 'colonize' Ireland by ecclesiastical means, and traces the changing fates and fortunes of the 'two nations' in their relations with one another. Dr Watt also deals very fully with the role played in the struggle by the religious orders, particularly the Cistercians and the friars, and with the effect which the English common law had on the Irish clergy.

A Manual of Nuer Law: Being an Account of Customary Law, its Evolution and Development in the Courts Established by the Sudan Government

Abstract: Originally published in 1954 this book was originally designed for administrators but has become a key title for anthropologists. It includes a summary account of the history and social organisation of the Nuer and provides a descriptive analysis of their customary practices concerning homicide, blood-feuds, marriage and divorce and the settlement of disputes by arbitration and the award of compensation. It shows how in the first half of the twentieth century, as a result of administrative action and in particular the establishment of 'Chiefs' Courts' a system of law developed, which although based on customary procedures, introduced many concepts which were quite unknown to the Nuer in the past.

A modern introduction to international law

Abstract: Is international law really law? Historical and political factors Sources of international laws International law and municipal law States and government International organisations, individuals and companies Treatment of allies Jurisdiction Immunity from jurisdiction Treaties Acquisition of territory Legal consequences of changes of sovereignty over territory (state succession) The law of the sea Air space and outer space The United Nations Peaceful settlement of disputes between states International laws Civil wars Self-determination Table of contents Index

The Law of Treason in England in the Later Middle Ages: Editor's Preface

Abstract: Editor's preface Preface List of abbreviations 1. The medieval concept of treason 2. The treatise writers and the English law of treason at the end of the thirteenth century 3. The origins of the English state trial 4. The great statute of treasons 5. The scope of treason, 1352-1485 6. Treason before the courts, 1352-1485 7. The origins and the early history of the Act of Attainder 8. Treason and the constitution Appendixes Select bibliography Index.

Marriage and Divorce in Israel

Abstract: The Israel Law of Marriage and Divorce is unique in many aspects. In European and European-based systems of law, the rivalry between Church and State ending in the triumph of the State over the Church is a matter of past history. Ecclesiastical courts were long ago deprived of jurisdiction in matters of marriage and divorce. Canon law, nevertheless, continues to this day to be the source of the law of the land in this field in all jurisdictions of both Roman civil and common law, even after the pollution and dilution in varying degrees of such source by the secular powers. Principles rooted in canon law were incorporated wholesale in the secular law of the land, and thus made to apply to the entire population irrespective of individual religious affiliation. The continuous activity of a single system of lay courts dealing with matrimonial issues in the course of its general preoccupation with the administration of justice, utilizing a single set of laws of evidence and rules of procedure, gradually welded the principles taken over from the canon law and die law emanating from other sources into one homogeneous body.Israel alone, among all Western systems of law, retains the law relating to the creation, incidences and termination of the matrimonial status in its almost unadulterated form of religious precepts, and maintains a ramified system of religious tribunals for the administration thereof. This enables nearly all to achieve either marital bliss or, if necessary, the happiness resulting from the dissolution of a miserable marriage in the manner sanctioned by the authorities of their own religious denomination.

The Outbreak of the English Civil War

Abstract: The members of the Long Parliament were for the most part well-to-do landowners, nobility and gentry, who shared similar social and educational backgrounds, similar economic interests, and similar ideas on religion and politics. They disliked ‘popery’ and what they regarded as the ‘popish’ tendencies of Archbishop Laud and his party, who had dominated the church during the 1630s. But they were not inclined towards presbyterianism and they feared the more radical puritans and ‘sectaries’. Although they had no love for bishops, most of them wished to keep episcopal government of the church, provided that it could be reformed so as to be under the supervision of the common law and parliament and the squirearchy; and provided that the bishops were men of the same middle-of-the-road views in religion as most of the nobility and gentry. They disliked the policies and methods of government of Charles I in the 1630s; but once unpopular taxes such as Ship-money had been made illegal, unpopular courts like Star Chamber and High Commission abolished, and the summoning of a parliament at least once in every three years assured by the Triennial Act, there remained only one obstacle to agreement between the king and the two Houses of Parliament — distrust.

Administrative Law and the Legitimacy in Anglophonic Africa: The Problem in the Reception of Foreign Law

Abstract: Lawrence Friedman (1969: 29) has written that "many basic questions of the relationship of law to social change and to cultural development have been completely neglected.... How does law brighten or darken the road to political. . . stability.... What happens when laws are borrowed from more advanced countries?" This paper examines the reception of English administrative law in Anglophonic Africa in an effort to discover some general propositions to answer Professor Friedman's questions. Hans Kelsen demonstrated that the legal order embodies two forms of norms. One form is directed at role-occupants, prescribing their behavior. Another, in the form of hypothetical judgment, is directed at judges, instructing them in the event of a breach of the norm by the role-occupant to impose a stated sanction. Kelsen's analysis takes as a paradigm of a rule of law the generalized prescriptions of "lawyer's law." It can usefully be expanded. The normative structure of law always involves some

Constitutionalism and the Changing World: Collected Papers

Abstract: Preface 1. The historian's part in a changing world 2. Sovereignty 3. A fragment on sovereignty 4. Whig sovereignty and Real sovereignty 5. Due process of law in Magna Carta 6. Magna Carta and Common Law 7. Who was 'Rossaeus'? 8. The House of Commons in 1621 9. A forgotten worthy, Philip Hunton, and the sovereignty of King in Parliament 10. The transfer of the Charter to New England and it significance in American constitutional history 11. The fundamental law behind the Constitution of the United States 12. Liberalism and the Totalitarian ideals 13. Government by law 14. The reconstruction of Liberalism 15. The tenure of English judges Index.

Law: Made Simple

Abstract: Preface Introduction Historical sources of law Legal sources The courts today The judiciary, law officers The law of contract The law of torts Trusts The law of property The law of succession Criminal law Procedure Appendices Table of cases Table of statutes Index

The abuse of power in French administrative law

Abstract: The "abuse of power" (de'tournen2ent de pouvoir) signifies in French administrative law one of the types of illegality by which an administrative order may be invalidated. This type of illegality, which may give rise to any of various legal consequences (particularly judicial annulment of the administrative order), consists in the fact that the administrative authority which has made the order has intentionally employed its powers for a purpose [but] other than one of those for which the powers were granted to it. Abuse of power is associated today with numerous aspects of administrative law. Historically, however, it appeared as an incident of that most famous of remedies in French administrative law-an appeal against an act exceeding authority (exces de pouvoir). It still remains one of the "grounds" (ouvertures)-that is, one of the classes of legal arguments accepted by judges in support of this type of appeal. But the concept has gradually come to be employed incidentally to other legal remedies, including review of the legality of administrative orders by administrative courts and even by judicial courts. Today, legal theorists have carried the idea beyond the area of litigation, and have elaborated a general theory of invalidity of administrative orders, and this general theory comprises within it the idea of impropriety of the purpose of the order, which constitutes "abuse of power." To review for a moment the historical background. it is well known that the complaint against acts exceeding authority was a legal remedy developed without statutory basis by the case law of the Conseil d'tat' at the beginning of the 19th century, and that it was used to procure the annulment of an administrative order which was defective because it violated a rule of law. In this form, the concept

The "worker", the Labour Court and the common law in New Zealand: a holy trinity?

Abstract: The primary purpose of this article is 2 fold: firstly, to argue that not only have industrial tribunals in New Zealand incorrectly interpreted the statutory term "worker", but also that in doing so, they have assumed a jurisdiction which has never been conferred on them by statute; and secondly, to make some suggestions towards reform of Labour Court practice in this crucial area.

The East India Company and the Crown 1773–1858

Abstract: The issue of Charters containing legal provisions to the great trading companies was the primary means of establishing the common law in the various colonies from the seventeenth to the mid-nineteenth centuries. As well as containing a statement of that portion of the common law felt suitable for “export” at that time, the background of the Charters also illustrates one of the most peculiar relationships in English legal history: that which existed between the Crown and the East India Company. It is the nature of this relationship which is the subject of this essay.

The reception of the economic torts into New Zealand labour law: a preliminary discussion

Abstract: This discussion raises a nu1nber ojissues related to the introduction of the economic torts into New Zealand labour law during the 1970s. These include the question of whether such major innovations accorded with the principles normally accepted by comparative lawvers when considering legal transplants. and the basic question of whether the common law as developed in Britain is, in this case, suitable for New Zealand circumstances. The impact of the law in New Zealand is then outlined and the changes introduced hy the Labour Relations Act are briefly considered.

The anathema of gay marriage in nigeria

Abstract: Before November 2011, gay marriage was a controversial issue in Nigeria. That was so because, there was no law, which prohibited it, thus the parties in this type of marriage was not illegal although it was seen to have flowed from moral depravity. Yet, supporters of gay marriage claim authority from the constitutional provisions, which guarantee the rights to freedom of thought, conscience, religion and the right to freedom from discrimination. This paper aims at highlighting current position of the law on gay marriage in Nigeria. In doing so, it draws substantially from available legal literature, case law and statutes. This paper finds as a fact that in Nigeria, gay marriage was an aberration as well as a bitter pill to swallow and concludes that Nigeria, has recently streamlined the position of the law on it by enacting a domestic criminal statute as a legal framework to officially and formally outlaw it.

An interpretation of the statutory term worker: a reply to Geare

Abstract: Under notnaal circumstances, I would have allowed Geare (1991) to indulge himself in the erroneous view that the interpretation of the tetna "worker" in the Labour Relations Act 1987 is confined to the common law "employee". lt is necessary however, to come out to defend my original thesis (Adzoxomu, 1990) that the tetna need not be so narrowly construed. Geare seeks to demonstrate, without the relevant historical or policy considerations, and more importantly, without the relevant canons of statutory construction, that his counter thesis is "in fact clearly superior" to mine (p.193). It is clear from the Geare's comment that he considers modern New Zealand industrial legislation to have preserved the master and servant relationship. The purpose of this reply is to reassert my original thesis that the definition of "worker" in the Labour Relations Act is liberal enough to cover an independent contractor and to demonstrate that the counter thesis of Geare is too conservative to meet the requirements of modern industrial relations. I shall achieve this purpose by addressing Geare's counter thesis under his own subheadings.

Conflict of interest and U. S. Supreme Court justices

Abstract: Conflict of interest wears two faces. In a narrow sense, it is the disqualification of a judge from hearing a particular case because of some interest, bias, or relationship to the case. This is a concept which has grown greatly with the years. In the broader sense, the phrase is applied loosely but generally to any situation in which the judge in his capacity as a citizen or, merely, as a human being, involves himself in matters which the community feels are incompatible with his role as a judge. Here, too, there has been vast change. John Marshall felt free to take an active role in political gatherings of his party. Peter V. Daniel, a federal district judge in Virginia from 1836 to 1841 and a Supreme Court Justice from 1841 to his death in 1860, was an active supporter of President Van Buren. He assisted Van Buren in getting the nomination in 1836, and helped win his election. He was conspicuously involved in party affairs thereafter, and supported the President in letters to the newspaper.! Today no judge can maintain an active political role.2 These shifts in the perception of conflicts of interest in general and disqualification in particular come partly by common law development, partly by statute, rule, or canon, and partly by what might be described as political or public opinion jerks or jumps from especially newsworthy episodes. For illustration, when Andrew Carnegie died, he left $10,000 a year to Chief Justice Taft, the annuity to continue throughout the Chief Justice's life and his wife's. Taft fully considered whether he could accept the sum, and after consultation with Elihu Root, concluded to do so; the first press response was favorable. But the Hearst press attacked the annuity, and Taft quickly divested himself of it, assigning it to Yale University; he was "profoundly concerned that the usefulness and influence of the Court should not be lessened on this account. . . ." 3 As a precedent, the Taft episode is

The Judicial Commonwealth

Abstract: The theory that the common law is one and indivisible does not now, one would have hoped, attract a great deal of support. But the practice of the English Bar and the decisions of the English Bench continue to raise suspicions that the theory is not entirely outdated. There seems still a tendency to equate common law with English law.