scholarly journals Law and the Laboratory: The British Vivisection Inspectorate in the 1890s

2021 ◽  
pp. 1-31
Author(s):  
Shira Shmuely
Keyword(s):  
Animal Experimentation ◽  
Public Order ◽  
Living Animal ◽  
Legal Regime ◽  
Production Of Knowledge ◽  
Law And Science ◽  
Scientific Facts ◽  
Cruelty To Animals ◽  
First Time ◽  
Gain Access

The 1876 British Cruelty to Animals Act introduced an unprecedented administrative system to supervise any experiment “calculated to give pain” to a living animal. The act, which was in force for a hundred years, established a tight system of control over animal experimentation, including a small, but vigorous, inspectorate. This article explores the relations between bureaucracy and the production of knowledge through the correspondences, memos, and notes taken by two principal inspectors under the act. The inspectors belonged to the worlds of both law and science. Coming from within the scientific profession, their close ties to medical social circles not only evoked critique but also helped them fulfill their tasks and gain access to research laboratories. Archival records examined here for the first time show that, although the inspectors downplayed animals’ pain in physiological laboratories, the inspectorate played an important role in shaping the experimental space and practice, thus facilitating the production of “ethical scientific facts.” The inspectors’ work modeled the new legal regime of animal experimentation regulation, making them indispensable agents in the act’s coproduction of knowledge and public order.

Letters of karl Marx to Karl Blind

1938 ◽  
Vol 4 ◽  
pp. 153-160
Author(s):  
Gustav Mayer
Keyword(s):  
Karl Marx ◽  
Public Order ◽  
The South ◽  
South West ◽  
Diplomatic Immunity ◽  
First Time

Marx met the then 22 years old Blind) for the first time in May 1848, when he and Engels made their appearance in the revolutionary state of Baden (Germany), after the Neue Rheinische Zeitung had been suspended. At that time they declared to the members of the republican committee at Karlsruhe (Landesa usschuss), that they considered the revolt in the South-West of Germany irretrievably doomed to failure, if no decisive moves in Hungary or another revolution in Paris should come to its rescue. The only members of the committee who supported this opinion were, as stated by Engels), Karl Blind and Amand Gögg. Soon afterwards Marx and Blind met again in Paris. On September 5 Marx gave Blind's address to Freiligrath as his own. Blind had been sent to France by the revolutionary governments of Baden and the Palatinate as one of the members of the legation, which these two shortlived republics intended to establish there. But Louis Napoleon's government ignored this legation, and consequently did not respect Blind's diplomatic immunity, when the latter, soon after his arrival, proved to be involved in the abortive coup of Ledru-Rollin of June 13. Blind was placed under arrest and expelled from France on the same day, on the ground that his presence was “such as to disturb public order and calm”.

Police Powers and Public Meetings

1937 ◽  
Vol 6 (2) ◽  
pp. 175-181
Author(s):  
E. C. S. Wade
Keyword(s):  
Search And Seizure ◽  
Public Order ◽  
The Public ◽  
Police Powers ◽  
The Past ◽  
Public Meetings ◽  
Police Action ◽  
The Right ◽  
First Time

Apart from the passage through Parliament at the end of last year of the Public Order Act, the Courts have in the past few years interpreted police powers on several occasions in the direction of restricting liberty. No excuse is therefore required for examining once again in this Journal a topic, one aspect of which was discussed in the last number. The case of Elias v. Pasmore [1934] 2 K. B. 164 raised important questions as to the right of the police to search premises in the course of making an arrest on a warrant. That case recognized for the first time the validity on such an occasion of a search, which resulted in the discovery of documents (not being documents in the possession of the person named in the warrant) containing evidence of an offence committed by any person, even though the search and seizure were illegal as regards other documents discovered on that occasion. This protection for police action only extends to the actual documents which are evidence of the commission of a crime; but it matters not that the crime is one alleged to have been committed by some one other than the person in the course of arresting whom the search is being made.

scholarly journals TESTAMENTARY FREEDOM REAFFIRMED IN THE SUPREME COURT

2017 ◽  
Vol 76 (3) ◽  
pp. 499-502 ◽  
Author(s):  
Brian Sloan
Keyword(s):  
Supreme Court ◽  
Royal Society ◽  
Case Law ◽  
Moral Claim ◽  
Her Family ◽  
The Supreme Court ◽  
The Will ◽  
Cruelty To Animals ◽  
First Time ◽  
Court Of Appeal

The case now known as Ilott v The Blue Cross [2017] UKSC 17 was the first time that the Inheritance (Provision for Family and Dependants) Act 1975 was considered at the highest judicial level. The Court of Appeal ([2015] EWCA Civ 797, noted in [2016] C.L.J. 31) had significantly enhanced the award given to an estranged and “disinherited” but needy daughter (Heather Ilott) at the expense of the charities (the Blue Cross, Royal Society for the Protection of Birds and Royal Society for the Prevention of Cruelty to Animals) who were the principal beneficiaries under the will of her mother, Melita Jackson, leaving her with £143,000 out of the £486,000 estate primarily to purchase the council house in which she and her family were living. The Supreme Court unanimously allowed the charities’ appeal, restoring Judge Million's original £50,000 order. Giving the lead judgment, Lord Hughes reasserted the centrality of testamentary freedom in English law, emphasised the importance of the Act's limitation to “reasonable financial provision” for maintenance for non-spouse/civil partner applicants (s. 1(2)(b)), and held that a need for maintenance was a necessary but not sufficient condition for a successful claim. He approved previous case law in holding that maintenance could not “extend to any or everything which it would be desirable for the claimant to have” (at [14]), but was not limited to “subsistence” either (at [15]). He also confirmed that the focus of the correct test under the 1975 Act is not on the behaviour of the testatrix, but opined the reasonableness of her decision may still be a significant consideration, as may the extent of any “moral claim” even if that is not a “sine qua non” (at [20]).

scholarly journals The exemption from criminal liability in view of admission by bail: theory and practice

1970 ◽  
pp. 354-358
Author(s):  
Olena Yushchyk
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Theory And Practice ◽  
Public Order ◽  
Negative Side ◽  
Special Place ◽  
Or Organization ◽  
First Time ◽  
Probationary Period

The article investigates the grounds and conditions of application of exemption from criminal liability in connection with the transfer of a person on bail. It is established that the specified type of release allows the person who has committed a crime under certain grounds and conditions not to incur criminal responsibility, and to admit the guilt and to be corrected within labor collective and to show that it is capable to live in society as worthy its member and not to break norms of the law. Further release of a person from criminal liability in connection with the transfer of her bail depends on her behavior during the probationary period. A person must inspire the trust of the labor collective, not to evade educational measures and not to violate public order. Accordingly, the positive flow of the probation period depends on the court or will decide on the final exemption from criminal liability from the committed crime. To the grounds which authorize the application of article 47 of the criminal code of Ukraine and the ability to release a person from criminal liability with bail include: the person has committed a crime for the first time; the act is a crime of small or average gravity; the person who committed the crime sincerely repented; the collective of enterprise, institution or organization has applied for the bail of the person; the person who committed the crime has no objection to the closing of the criminal rim according to non-rehabilitating grounds. Exemption from criminal liability in connection with the transfer of a person on bail occupies a special place among other types of this institution. The peculiarity is that this type of exemption has a conditional nature of application. Therefore, for further exemption from criminal liability, a person must show his way of correction within a certain period of time by showing confidence in the labor collective, not by evading educational measures and not by violating public order. It is in this way that a person can show himself as a positive and negative side, which will be the basis for the subsequent release of his criminal responsibility for the committed socially dangerous act.

scholarly journals The Samekulturen exhibition. A social actor at the Tromsø University Museum

2020 ◽  
Vol 27 (3) ◽  
pp. 118-133
Author(s):  
Trude Fonneland
Keyword(s):  
Historical Document ◽  
Social Actor ◽  
Political Consequences ◽  
The Public ◽  
Production Of Knowledge ◽  
University Museum ◽  
First Time ◽  
Point Of Departure ◽  
Over Time

In 1973, the exhibition entitled Samekulturen (The Sámi Culture) opened its doors to the public for the first time, and for over forty years this exhibition has served as an important arena for the dissemination of Sámi culture to tourists, students and other visitors. Exhibitions have social and political consequences. Samekulturen as a social actor that contributes to the production of knowledge is the point of departure for this paper. In the view of the museological and ethno-political contexts in which Samekulturen was produced, the exhibition will be analysed as a historical document revealing how museological practices related to the representation of the Sámi have evolved over time.

scholarly journals Dlaczego potrzebujemy nowej ustawy o humanitarnej ochronie zwierząt?

2017 ◽  
Vol 108 ◽  
pp. 73-85
Author(s):  
Michał Rudy
Keyword(s):  
European Union ◽  
Member State ◽  
National Level ◽  
Legal Regulations ◽  
The European Union ◽  
Legal Regime ◽  
Animal Protection ◽  
European Regulations ◽  
The Republic ◽  
Cruelty To Animals

WHY A NEW ACT ON THE HUMANITARIAN PROTECTION OF ANIMALS IS NEEDED?Legal regulations concerning animals protection clearly state that man owes to respect the animal and each animal requires humane treatment that must be understood by taking into account the needs and protection of animals, as far as care providing. Systematic law amendments, which are concerned to protect the animals from suffering, including unjustified or inhumane killing or cruelty to animals, should be considered as the duty of state authorities. In particular it should be done due to taking into account that animals are recognized as the “subjects of law”, for which there is a special legal regime determined by the provisions devoted to the humanitarian animals protection.The main objective of this article is to identify the aspects, which — according to the author — affect the need to make amendments to the existing provisions concerning humanitarian protection of animals. This includes lack of law transparency, containing its precision and often contradictory regulations. Also, adapting to European regulations should be considered as important issue. Failure in application of European rules to national law means that the Republic of Poland violates its obligation as the Member State of the European Union. The author also notes that the current range of the requested changes proposed by law doctrine, state authorities, as well as by social organizations whose statutory purpose is humanitarian protection of animals is so broad, concerns so conflicting values and interests, as well as some of them are so “revolutionary”, that it requires a comprehensive and systemic look at the humanitarian issue of animal protection at the national level. Hence, instead of performing complicated amendments creation of avery new act on the humanitarian protection of animals should be considered.

scholarly journals Las cuestiones del régimen matrimonial primario y la aplicación del Reglamento 2016/1103 = The questions of the primary matrimonial regime and the application of Regulation 2016/1103

2020 ◽  
Vol 12 (1) ◽  
pp. 259
Author(s):  
Ana Moreno Sánchez-Moraleda
Keyword(s):  
Married Couple ◽  
A Priori ◽  
Public Order ◽  
A Posteriori ◽  
Legal Regime ◽  
European Regulation ◽  
International Marriage ◽  
Applicable Law ◽  
The Public

Resumen: estudio sobre las cuestiones que se plantean entre los cónyuges, con distinta nacionalidad, domicilio o residencia, o cuando sus bienes se hallan en el extranjero (o los acreedores o deudores son extranjeros), respecto a sus derechos y deberes esenciales una vez contraído matrimonio, y con independencia del régimen pactado o legal, cuando se aplica el Reglamento 2016/1103 por los órganos jurisdiccionales o autoridades de los Estados participantes en la cooperación reforzada. Se presentan fundamentalmente problemas en relación con la ley aplicable, debido a que, conforme a este Reglamento europeo, el régimen matrimonial primario pudiera ubicarse dentro de las normas imperativas (considerando 18), que funcionan como límite a priori de las normas de conflicto. No obstante, nos preguntamos si no sería más adecuado considerar el contenido de las normas que regulan estos derechos y deberes esenciales del matrimonio, para que pueda operar el orden público como límite a posteriori.Palabras clave: el matrimonio internacional, el régimen primario, las normas imperativas, el orden público.Abstract: presentation of the questions that arise between married couple with different nationality, domicile or residence, or when their property is abroad (or the creditors or borrowers are foreigners), with respect to their essential rights and duties upon marriage, and regardless of the agreed or legal regime, when Regulation 2016/1103 is applied by the courts or authorities of the States participating in the enhanced cooperation. Problems mainly arise in relation to the applicable law, since, under this European Regulation, the primary matrimonial regime could fall within the imperatives rules (statement 18), which function as a priori limit on conflict rules. However, we wonder whether it would not be more appropriate to consider the content of the rules governing these essential rights and duties of marriage, so that public order can operate as a posteriori limit. Keywords: the international marriage, the primary regime, the imperatives rules, the public order.

Internationalization Process Perspective

2020 ◽  
pp. 132-152
Author(s):  
Grazia D. Santangelo
Keyword(s):  
Foreign Market ◽  
Foreign Market Entry ◽  
Internationalization Process ◽  
Uppsala Model ◽  
Strategic Assets ◽  
Process Perspective ◽  
National Boundaries ◽  
First Time ◽  
Gain Access ◽  
Cross National

To manage the increasing competition in their home markets, firms need to go international and seek new markets, improve their efficiency, acquire natural resources, and (or) gain access to strategic assets. Irrespective of the motivations driving the decision to cross national boundaries, firms face the challenge to plan their internationalization process (IP) effectively. This chapter offers an overview of the IP perspective starting from the original formulation of the IP—or Uppsala— model (Johanson & Vahlne, 1977) to its latest revision (Vahlne & Johanson, 2017) and the open-ended debate that this revision continues to stimulate. It then discusses how firms acquire market knowledge for the first-time versus subsequent internationalization, and why they may change their market commitment after the initial foreign market entry.

Paramedics' perceptions and experiences of NHS 111 in the south west of England

2020 ◽  
Vol 12 (6) ◽  
pp. 227-234
Author(s):  
Joel S Phillips
Keyword(s):  
Structured Interview ◽  
Evidence Base ◽  
Ambulance Service ◽  
Telephone Triage ◽  
The South ◽  
Qualitative Research Design ◽  
South West ◽  
The Right ◽  
First Time ◽  
Gain Access

Background: NHS 111 is a non-emergency telephone triage service in England, where people with non-urgent health problems or questions can gain access to information and services. However, studies have demonstrated key problems with the burden it places on emergency and ambulance services. Aim: To add to the evidence base, this study explores the perceptions and experiences of paramedics who attend patients referred to the ambulance service by NHS 111. Methods: A qualitative research design was adopted and seven frontline paramedics who work in the south west of England were interviewed. Data were collected using semi-structured interview questions and thematically analysed. Findings: Key overarching themes identified included: non-clinical call handlers making clinical decisions; caution and liability; an unwarranted, increased demand on the ambulance service; inaccurate call prioritisation; and interprofessional conflict. Conclusion: Improvements need to be made to the NHS 111 service to ensure the triage software it uses is triaging and prioritising patients accurately and to minimise inappropriate referrals to the ambulance service, promoting the right care for patients the first time.

A Guide to the Use of Museum Collections for Archaeological Research

2018 ◽  
Vol 6 (4) ◽  
pp. 372-376 ◽  
Author(s):  
Tammy Stone
Keyword(s):  
Archaeological Research ◽  
Museum Collections ◽  
Research Engagement ◽  
Archaeological Collections ◽  
Anthropological Research ◽  
The Difference ◽  
First Time ◽  
Basic Level ◽  
Opening Up ◽  
Gain Access

ABSTRACTFrom a perusal of archaeological and museum journals it is apparent that there is a rich literature dealing with topics such as the place of museums and repositories in anthropological research, engagement with indigenous/descendant populations by archaeologists working in a variety of settings (including collections-based research), and research centered on the study of existing archaeological collections. Despite this rich literature, however, the archaeological researcher who wishes to use collections in archives, museums, or repositories for the first time is often perplexed by how to gain access to collections, how to communicate with archive/museum/repository professionals, the constraints that archive/museum/repository professionals work under, and—at an even more basic level—what the difference between an archive, a museum, and a repository actually is. This article addresses some of these questions and provides a practical guide to opening up the vast research opportunities presented by existing collections.

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