Protected Interests in The Law of Torts

1963 ◽  
Vol 21 (1) ◽  
pp. 85-103 ◽  
Author(s):  
K. Lipstein
Keyword(s):  
General Principle ◽  
Common Law ◽  
Western World ◽  
The Creation ◽  
The Law ◽  
The Individual ◽  
Principle Of Liability ◽  
Point Of Departure

Introduction: TheProblems(1) Whichever is taken as the point of departure, a general principle of liability for injurious acts done intentionally or negligently, or a catalogue of individual protected interests, and whatever the wish to establish criteria of general liability, a comparison between some of the leading systems of the law of the Western World—both civil and common law—shows that it is impossible to get away from the individual situation, irrespective of the force of an existing, or the desire for the creation of, a general principle.

scholarly journals Deltagelsens kunst?

2014 ◽  
Vol 42 (118) ◽  
pp. 51-68 ◽  
Author(s):  
Judith Schwarzbart ◽  
Kristine Samson
Keyword(s):  
The Social ◽  
Individual Actor ◽  
The Creation ◽  
The Individual ◽  
The City ◽  
Point Of Departure

Within recent years, art and urbanism have gradually moved closer to each other and come together around socially engaged, dialogical projects. Participation and the creation of urban publics are topics that often concern artists as well as urban planners and activists. Based on a record of this recent conjunction between art and urbanism, the article examines practices, fractures, and conflicts in the aftermath of the social turn. With a point of departure in the coalescing public programme of the Istanbul Biennial and Occupy Gezi at Taksim Square in 2013, the article questions the art of participation. What type of public is created in the participative art? And is an artistic social turn towards the city even possible beyond the art institution? The article concludes that precisely in the conflict between the two different rationales of art and urbanism a participatory, urban public can emerge; a public, however, which lie beyond the intention and rationales of the individual actor.

scholarly journals Mapping the history of codification

2018 ◽  
Vol 112 ◽  
pp. 485-508
Author(s):  
Jean Louis Halpérin
Keyword(s):  
The Political ◽  
New States ◽  
History Of ◽  
The Creation ◽  
The Law ◽  
Civil Codes ◽  
Point Of Departure

Bentham has defended the idea of a general codification as a “map of the law” that could allow the comparison between the laws of different nations. This essay aims to use this relationship about the ideas of codifying the law and mapping the laws to think about the possibility of mapping the history of codification, taking as its point of departure the writing specialized codes - not only the civil codes. Mapping can be a means to deal with the relationships between the countries adopting a code, the opportunity to consider the relationships between the codes and the creation of new States, the national processes of unification, the adoption, the political and social revolutions and ruptures. Also, it will try to make correspondences between these phenomena in order to construct tables that could be represented through future maps.

From Liberties to Liberty

2020 ◽  
pp. 105-130
Author(s):  
Charlotte Epstein
Keyword(s):  
Seventeenth Century ◽  
Common Law ◽  
The State ◽  
Natural Rights ◽  
The Political ◽  
Habeas Corpus ◽  
House Church ◽  
The Law ◽  
The Individual ◽  
Individual Body

This chapter studies how liberty in the law evolved from being attached to a collective, metaphorical body—the medieval corporation—to being rooted instead in the individual body across a range of practices in seventeenth century Europe. It analyses the early modern forms of toleration that developed from the ground-up in Protestant Europe (Holland and Germany in particular), including the practices of ‘walking out’ (auslauf) to worship one’s God, and the house church (schuilkerk). These practices were key to delinking liberty from place, and thus to paving the way to attaching it instead to territory and the state. The chapter also considers the first common law of naturalisation, known as Calvin’s Case (1608), which wrote into the law the process of becoming an English subject—of subjection. This law decisively rooted the state-subject relation in the bodies of monarch and subject coextensively. Both of these bodies were deeply implicated in the process of territorialisation that begat the modern state in seventeenth-century England, and in shifting the political bond from local authorities to the sovereign. The chapter then examines the corporeal processes underwriting the centralisation of authority, and shows how the subject’s body also became—via an increasingly important habeas corpus—the centre point of the legal revolution that yielded the natural rights of the modern political subject. Edward Coke plays a central role in the chapter.

scholarly journals Self-control, Selfishness and Mutilation: How ‘Medical’ is Self-Injury Anyway?

2011 ◽  
Vol 55 (3) ◽  
pp. 375-382 ◽  
Author(s):  
Sarah Chaney
Keyword(s):  
Nineteenth Century ◽  
Social Issues ◽  
Self Control ◽  
Western World ◽  
Late Nineteenth Century ◽  
Patient Profile ◽  
Self Mutilation ◽  
Self Harm ◽  
The Creation ◽  
The Individual

Self-inflicted injury, or ‘self-harm’, has been a topic of much debate in recent years. The media in the Western world has tended to portray the issue as an increasing ‘trend’, relating it to various contemporary concerns, including the so-called ‘celebrity culture’ and urban decline. The past decade in the UK has seen the publication of various clinical guidelines, a National Inquiry into Self-Harm in young people, and almost continual media speculation. In the last two decades of the nineteenth century, speculation also occurred around ‘self-mutilation’, an area newly defined by alienists (asylum psychiatrists). This topic has received little historical attention; yet, had ‘self-harm’ been on the agenda in the 1970s and '80s, nineteenth-century self-mutilation would no doubt have been presented as part of a discourse on professionalisation, in which the creation of a new psychiatric category was presented as part of the ‘medicalisation’ of psychiatry, through observation and classification within asylums. More recently, a changing historiography has led to histories of self-harm being located within a schema for ‘making up’ people, such as attention to the development of a patient profile for the apparently new behaviour of ‘delicate self cutting’ in the mid-twentieth century. This article builds on this concept to explore broader social issues around the creation of the concept of ‘self-mutilation’, which help to explain the occurrence of an impetus for ‘making up people’ in a particular period or culture. In particular, the impetus is related here to changing ideas of what constituted the ‘self’ and the relation of the individual to society in the late nineteenth century.

Body and law in late Anglo-Saxon England

1998 ◽  
Vol 27 ◽  
pp. 209-232 ◽  
Author(s):  
Katherine O'Brien O'Keeffe
Keyword(s):  
The Body ◽  
Anglo Saxon ◽  
Manuscript Production ◽  
History Of ◽  
The Subject ◽  
The Law ◽  
The Individual ◽  
And Control ◽  
Point Of Departure

This article explores some textual dimensions of what I argue is a crucial moment in the history of the Anglo-Saxon subject. For purposes of temporal triangulation, I would locate this moment between roughly 970 and 1035, though these dates function merely as crude, if potent, signposts: the years 970×973 mark the adoption of the Regularis concordia, the ecclesiastical agreement on the practice of a reformed (and markedly continental) monasticism, and 1035 marks the death of Cnut, the Danish king of England, whose laws encode a change in the understanding of the individual before the law. These dates bracket a rich and chaotic time in England: the apex of the project of reform, a flourishing monastic culture, efflorescence of both Latin and vernacular literatures, remarkable manuscript production, but also the renewal of the Viking wars that seemed at times to be signs of the apocalypse and that ultimately would put a Dane on the throne of England. These dates point to two powerful and continuing sets of interests in late Anglo-Saxon England, ecclesiastical and secular, monastic and royal, whose relationships were never simple. This exploration of the subject in Anglo-Saxon England as it is illuminated by the law draws on texts associated with each of these interests and argues their interconnection. Its point of departure will be the body – the way it is configured, regarded, regulated and read in late Anglo-Saxon England. It focuses in particular on the use to which the body is put in juridical discourse: both the increasing role of the body in schemes of inquiry and of punishment and the ways in which the body comes to be used to know and control the subject.

scholarly journals Absence of Consideration in the Law of Bills and Notes

1980 ◽  
Vol 39 (2) ◽  
pp. 360-370 ◽  
Author(s):  
Benjamin Geva
Keyword(s):  
Sixteenth Century ◽  
Common Law ◽  
House Of Lords ◽  
The Creation ◽  
The Law

By the latter part of the sixteenth century the theory of liability on bills of exchange had been adapted to common law theory of contract so as to lie in assumpsit. In 1787 it was fully settled by the House of Lords that all “contracts in writing … [which are] merely written and not specialties … are parol” and require consideration. Promissory notes and bills of exchange fell into this category. Indeed, “bills and notes were contracts and being such there was no persuasive reason why the basis of liability on a bill or note should be any different from that on any other written contract for payment of money.” While there is no provision in the Bills of Exchange Act (“the Act”) directly to the point, it is well established indeed that consideration of “value” is needed for the creation of an obligation under a negotiable instrument. According to Chalmers, “where B, by way of gift, makes a note in favour of C, C cannot recover from B.”

scholarly journals THE BASIC ELEMENTS OF THE TESTAMENT IN THE ENGLISH LEGISLATION

2018 ◽  
Vol 12 (1) ◽  
pp. 11-20
Author(s):  
Laura-Dumitrana Rath Boșca ◽  
Bogdan Bodea
Keyword(s):  
Common Law ◽  
Judicial System ◽  
Social Solidarity ◽  
Historical Process ◽  
The Common ◽  
The Creation ◽  
English Law ◽  
The Law

Common Law represents the second biggest contemporary judicial system. Immanent to a historical process which led to the creation of a community, common law represents a form of social solidarity. It is not the result of any social consent to obey a law as much as it is the participation of the society, through its exceptions, to the process of elaborating the law by which it functions. So, society itself is through a sort of syncretism the common law.One the elementary concepts of common law is the doctrine of precedent which functions in parallel with organic laws in order to enhance both the results of judicial cases and the efficiency of the cases. In the English law, the testament is a representation of the wishes of a defunct person and the declaration of that persons wishes in relation to the belongings he wished to pass on after his death.

Quasi-Contract

2019 ◽  
pp. 386-402
Author(s):  
John Baker
Keyword(s):  
General Principle ◽  
Common Law ◽  
History Of ◽  
The Common ◽  
The Law

This chapter traces the history of what used to be called quasi-contract but is now part of the law of restitution. It was principally concerned with the receipt of money which belonged in justice to someone else. The earliest relevant action was account, at first limited to agents and then extended to all receivers of money; this was an impracticable action and went into disuse. Actions on the case came to the rescue, particularly the action for money had and received (a species of indebitatus assumpsit). The latter action was used not only in traditional cases of accountability but also where money was received by mistake or compulsion, where income from property was taken by an interloper, or where a party to a failed contract sought rescission. Much of the history is hidden from view by fictions, but Lord Mansfield declared a general principle based on the equity of the common law.

5. Co-ownership

Land Law ◽  
2018 ◽  
Author(s):  
Chris Bevan
Keyword(s):  
Common Law ◽  
The Family ◽  
Family Home ◽  
The Law ◽  
Relationship Breakdown ◽  
The Individual

This chapter discusses the law of co-ownership. Co-ownership is the name given to the situation where two or more people own land at the same time. This land may be freehold or it may be leasehold. The chapter considers questions such as how does the law deal with disputes over the family home when spouses face relationship breakdown, often with one partner wishing to remain in the home, perhaps with children? Whose interest prevails, the individual or the bank, when a co-owner finds herself in serious debt? The law of co-ownership represents an amalgam of common law rules and statutory provisions, most notably under the provisions of the Law of Property Act 1925 and the Trusts of Land and Appointment of Trustees Act 1996.

The Construction of Citizenship and the Creation of American Common Law in Illinois, 1850–1861

2001 ◽  
Vol 15 (01) ◽  
pp. 1-32
Author(s):  
Howard Schweber
Keyword(s):  
Nineteenth Century ◽  
Common Law ◽  
Reasoning Process ◽  
Law System ◽  
Private Rights ◽  
The Creation ◽  
Common Law System ◽  
The Law

In the middle of the nineteenth century, the vocabulary and analytical organization of American common law underwent a profound and far-reaching transformation in a process that began in the northern industrial states around 1850. The language and categories of pleading cases, the burdens of proof, and the standards for the adjudication of cases, all were transformed. This was not merely a matter of revision, it was a reconfiguration of the basic reasoning process that defined the logic of the law. The result was the displacement of the inherited English common- law system, which until that time had undergone only minor modifications. In its place, a unified system of specifically American common law emerged, constructed around a model of American public citizenship that replaced private rights with public duties as its lodestone.

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