Some Sources of Modern English Criminal Legislation

1943 ◽  
Vol 8 (2) ◽  
pp. 180-194 ◽  
Author(s):  
L. Radzinowicz ◽  
P. H. Winfield

One of the salient points made in Dr. Radzinowicz's article is that the government publications collectively and inaccurately known as ‘Blue books’ have been almost totally ignored in our histories of Criminal Law. But his point is equally valid with respect to the history of many other branches of the law. One reason for this neglect is the inadequate bibliography of these historical sources. No doubt there has been some improvement in this respect during the last generation, but my own experience in using them has been that, except for the series styled ‘British and Foreign State Papers’ and the Calendars of some ancient state documents, their indexing is very imperfect. Yet the wealth of historical material in them is inexhaustible. What Maitland said of the unprinted sources of legal history might be applied to the publications that have been printed by government authority.

2014 ◽  
Vol 58 (2) ◽  
pp. 250-265 ◽  
Author(s):  
Caleb J Stevens

AbstractThis article demonstrates that there has never been a clear definition of public land in Liberian legal history, although in the past the government operated as if all land that was not under private deed was public. By examining primary source materials found in archives in Liberia and the USA, the article traces the origins of public land in Liberia and its ambiguous development as a legal concept. It also discusses the ancillary issues of public land sale procedures and statutory prices. The conclusions reached have significant implications for the reform of Liberia's land sector.


Author(s):  
Berik Dulatov

Introduction. The subject of this study is the organization of the repatriation process of former prisoners of war of the Austro-Hungarian and German armies from the regions of Siberia and the Volga region. Methods and materials. The methodological basis of this work consists of such basic principles of scientific and historical knowledge as objectivity and historicism, systematic and specific presentation of the material, as well as the value approach used in scientific research. The historical sources are theoretical scientific works of European and Russian scientists concerning various aspects of the history of prisoners of war in Russia. Analysis. The author explores the issues related to the return to the historical homeland mainly of the Czechs and Slovaks, however, due to the peculiarities of the archival documents that have been preserved, there is information about Austrians, Germans, Hungarians and representatives of other nationalities. The author establishes some personal data of citizens of foreign countries who lived in the territory of Tsaritsyn and Tobolsk provinces in the early 1920s, who had the desire to go to their historic homeland. In addition, on the basis of circulars and orders of the relevant authorities (Plenbezh, evacuation services), the author analyzes how the process of sending home Czechs, Slovaks, Hungarians, etc. was organized. In addition, there is information about how the process of registration of foreign subjects of the near and far abroad took place. The author makes an attempt to provide informative data on the life and activities of former citizens of the Austro-Hungarian Empire, their ethnicity, family status, professional employment, circumstances of arrival in Russia, previous residence at home and the actual address of residence in the region. Results. The process of repatriation of former prisoners of war of the Austro-Hungarian and German empires was delayed until 1924. It should also be noted that a certain percentage of these citizens remained in the new Soviet state. The difficulty in the process of returning to their historic homeland was the general confusion caused by the war and the change of the government, poor registration of prisoners of war, as well as the interest of state bodies in using this category of people as labor force in country’s industrial and agricultural enterprises.


Author(s):  
Леонид Беляев ◽  
Leonid Belyaev

The paper summarizes the findings of the historiographic and archaeological fieldwork focused on the preservation and development of the scientific heritage of the Russian scientists of the 19th — early 20th centuries in the area of the Syro-Palestinian region that most closely matches the concept of the “Holy Land”. The author identifies three core directions of development in the Russian archaeology: field study of the traces of the Russian pilgrims, scientists, representatives of the government and the Orthodox Church; study of antiquities in some Russian areas; insights into the heritage of the 19th — early 20th centuries as historical sources with its further inclusion in the system of modern scientific knowledge. The paper describes the findings obtained to date (including the interim results of excavations in Jericho, the scientific interpretation of a number of artefacts from the collection of Antonin Kapustin, the first catalogues of archaeological sites in the Russian areas). The author focuses on expanding fieldwork, classifying and attributing antiquities, launching them in circulation at the level of modern science, creating a monograph on the history of the Russian studies in the 19th — early 20th centuries.


1985 ◽  
Vol 17 (3) ◽  
pp. 301-312
Author(s):  
Kenneth E. Cutler

On 22 June 1631 the government of Charles I issued Letters Patent proclaiming Captain Sir Charles Vavasor of Skellingthorpe, Lines., a baronet. The grant of honors to Sir Charles Vavasor was among the most distinctive made in England during the seventeenth century. By its special terms, Sir Charles became the first baronet (of approximately 285) to receive rights of precedence—in spite of parliamentary statutes opposing such rights. A clause of precedency declared the title retroactive to 29 June 1611, and that, in turn, made Sir Charles's father, Sir Thomas Vavasor, who had died in 1620, a baronet post mortem. The baronetcy of Sir Charles Vavasor is also unusual as one of the few which did not depend upon the patronage of the Duke of Buckingham, as the only one created during the whole of 1631, and as the last one created before the eve of Civil War.The competition for honors among the gentry is an important element in the social history of early seventeenth century England, and a factor in the complex origins of the Civil War. The full dimensions of that competition can be illuminated by studying the motives of individual families, and the processes by which they achieved their titles. The Skellingthorpe Vavasor make an especially interesting study because of the unusual distinctions which attend their title.Heretofore, however, paucity of evidence made it nearly impossible to reconstruct the quest for honors of the Skellingthorpe Vavasor. The evidence did show that before he died in 1620, Sir Thomas Vavasor sought the title of baronet without success, and that eleven years later, Sir Thomas's son, Charles, finally received a baronetcy with precedency. The intervening years, 1620-1631, had to be filled with conjectures about Charles Vavasor's motives, timing, and patronage, and also with some conjectures about why the government granted him honors of dubious legality.


2018 ◽  
Vol 15 (2) ◽  
pp. 393
Author(s):  
Susanto Polamolo

Indonesia pernah melalui masa sulit di rezim Orde Baru. Kala itu, segala sesuatu yang paralel dengan khususnya sejarah seputar perumusan dasar negara (Panca Sila), menjadi begitu sulit untuk diperoleh, apalagi untuk mengemukakan fakta yang sebenarnya. Penelusuran dokumen-dokumen sejarah begitu minim didukung pemerintah, dokumen-dokumen itupun tercecer di mana-mana, publik hanya diedukasi dengan pendidikan sejarah dari para sejarawan versi pemerintah saja. Bukan karena Orde Baru telah menjadi masa lalu, tetapi, karena apa yang disebut sebagai sumber-sumber primer perlu diperiksa kembali. Di antaranya seperti: Naskah UUD 1945, yang disusun M. Yamin; Risalah Sidang BPUPKI-PPKI yang disusun oleh Sekretariat Negara; Sejarah Nasional Indonesia Jilid VI, yang disusun oleh Nugroho Notosusanto (dkk); Piagam Jakarta, yang disusun oleh Endang Saifuddin Anshari; Sejarah Pemikiran Tentang Panca Sila, yang disusun oleh Pranarka. Sumber-sumber ini diam-diam diterima, dan diam-diam pula diakui bermasalah, atau diragukan keotentikannya. Persoalan tersebut semakin diperjelas dengan temuan sejumlah arsip oleh para sejarawan tata negara seperti A.B. Kusuma, di mana sebelumnya, “Panitia Lima” (1975) telah pula menegaskan bahwa sumber-sumber yang dipakai pemerintah tidak valid, di antaranya adalah naskah yang disusun M. Yamin. Maka, sejarah perumusan Panca Sila kadang berada di jalan bersimpang, simpang batas-tegas pertentangan tentang keotentikan sumber sejarah, menjadi tugas utama agar sumber-sumber tersebut diuji satu dengan lainnya (metode heuristik dan konklusi eksplanatoris). Agar mengerucut satu kesimpulan yang utuh dan sistematis mengenai sejarah perumusan dasar negara dan pemikiran-pemikiran yang dikemukakan di dalamnya menjadi satu kesatuan pemahaman atas kenyataan, dan agar menguatkan sendi-sendi konstitusionalitas kita hari ini yang mulai tercerabut dari akar sejarahnya, bagaikan “inang yang dipaksa berpisah dari induknya”.Indonesia had been through a difficult period in the “Orde Baru” regime. At that time, everything parallel with history especially around the basic principle of the state (Panca Sila) became so difficult to obtain, especially to express the facts. The tracking of historical documents was so poorly endorsed by the government. The documents were scattered everywhere. The public was only educated with historical education from only government version historians. Not because the “Orde Baru” has become the past, but, because the so-called primary sources need to be checked again. Among them are: Naskah UUD 1945, compiled by M. Yamin; Risalah Sidang BPUPKI-PPKI, prepared by State Secretariat; Sejarah Nasional Indonesia Jilid VI, compiled by Nugroho Notosusanto (et.al); Piagam Jakarta, prepared by Endang Saifuddin Anshari; Sejarah Pemikiran Tentang Panca Sila, prepared by Pranarka. The above sources are secretly accepted, and secretly admittedly problematic, or are doubted the authenticity. The issue was further clarified by the findings of archives by state historians such as A.B. Kusuma, in which before, the “Panitia Lima” (1975) had also asserted that the sources used by the government were invalid, one of them was the text compiled by M. Yamin. Thus, the history of Panca Sila sometimes in a stray way of disputes about the historical sources authenticity. That became the primary task for which resources were tested against each other (heuristic methods and explanatory conclusions). In order to conceal a whole and systematic conclusion about the history of the basic formulation of the state and the ideas expressed in it become a unity of understanding of reality, in order to strengthen the joints of our constitutionality today which begins to be uprooted from its historical roots, like “a host which is forced to apart from its main”.


2020 ◽  
Vol 11 (2) ◽  
pp. 219-238
Author(s):  
Alisa A. Amosova ◽  
◽  
Tat’iana M. Konysheva ◽  

The article is devoted to the analysis of the updated museum exposition entitled “The Object ‘Pavilion’”, implemented in a bomb shelter under the building of the St. Petersburg administration for the anniversary of the Victory in the Great Patriotic War, by May 9, 2020. The authors study history of The Smolny Museum, as well as its current expositions and memorial spaces available for visitors within the walls of the government building: the exposition “From the history of women’s education in Russia. Smolny Institute for Noble Maidens” and “December, 1. Shot in Smolny”; V. I. Lenin’s study and the room in which he lived with his wife, N. K. Krupskaya; The white-column assembly hall, where in the fall of 1917 the II All-Russian Congress of Soviets of Workers ‘and Soldiers’ Deputies was held. The period of the war and the siege of Leningrad (1941–1944) occupies an important place in the museum’s theme. One of the most attractive memorial spaces of the museum is the underground bunker located under the territory of the Smolny garden, museumified in 2019. The article describes the technical parameters of the underground structure and considers its history, studies and compares two versions of the bomb shelter exposition (“Bunker A. A. Zhdanov”, 2019 and “The Object ‘Pavilion’”, 2020). The updated exposition is distinguished by a significant expansion of the exposition space, an emphasis on demonstrating the previously hidden functional premises of the bunker (dining room, disinfection room, rest room, etc.), a more detailed display of the historical events of the blockade related to the management of the city and the front, the introduction of multimedia technologies. The article is based on the historical sources of the museum origin.


2019 ◽  
Vol 7 (5) ◽  
pp. 564-570
Author(s):  
Rahayu Permana ◽  
Ahmad Suhaili

Purpose of study: The research aims to determine the transformation of character education in expertise courses with al-Khairiyah's historical material as a source of character education in increasing understanding of local values. Methodology: The sampling technique uses purposive sampling and snowball, by conducting interviews, observation and documentation studies. In the process of working the data are analyzed using Miles and Huberman's models through the stages of data collection, data reduction, data display, and concluding the reality on the ground that is natural and actual in a comprehensive and intact manner described. Main Findings: The results obtained, namely STIT Al Khairiyah, established that the history of al-Khairiyah is a subject that must be taken by every student in the 1st and 2nd semester. Applications: One effort that must be made in that direction is to build character in all aspects of people's lives, especially through educational institutions. The history of Al-Khairiyah was designed in developing SAP and RPS in expertise courses by lecturers with approaches and models lectures based on local material. In transforming character education in skills courses at STIT al-Khairiyah Cilegon, students understand more about the character values contained in the history of al-khairiyah.


1893 ◽  
Vol 13 ◽  
pp. 139-152
Author(s):  
E. A. Gardner

The chief interest of the excavations that have taken place in 1892 is associated, directly or indirectly, with Delphi. The French School, under M. Homolle's direction, has now actually begun systematic work upon the site, which will probably continue for many years, and which is certain to yield results of the highest importance. Indirectly, also, the charm of Delphi has led to discoveries of the most valuable kind during the past season. The American School had, owing to the indefatigable exertions of Dr. Waldstein, raised a large sum of money with a view to the excavation of the site; and when the French School succeeded after all in establishing its claim to Delphi, the Americans turned their energies and their resources into another channel; their excavations at the Heraeum near Argos have realized the expectations that so promising a site could not fail to raise. One head, in particular, is a most valuable addition to the known monuments of the very finest period of Greek sculpture, whatever may be the ultimate decision of experts as to its exact position in the history of art.I will, as before, begin my description of the year's excavation with Athens and Attica, and then go on to speak of what has been done both by the Government Department of Antiquities, the Greek Archaeological Society, and the Foreign Schools, in various parts of Greece. Finally, I will describe the progress made in the arrangement, cleaning, and cataloguing of antiquities in the Museums of Athens.


Author(s):  
Sergei Nikolaevich Titov

This article analyzes the draft law on implementation of the institution of criminal misconduct into the criminal legislation that was submitted to the State Duma upon the initiative of the Supreme Court of the Russian Federation. The author traces the history of the problem, difference between the new and the previous draft law, which has received a negative response from the Government of the Russian Federation, and thus has not been implemented. The newly introduced institution viewed from the perspective of cross-sectoral competition, systematicity of criminal legislation, terminological accuracy, adequacy of sanctions for different types of offenses, correlation between the institution of criminal misconduct and the institution of exemption from criminal liability. The author also raises the question on the impact of implementation of the new institution upon the workload of law enforcement and judicial branches. The following conclusions were made: the institution of criminal misconduct would extend the chain of concepts that cannot be clearly defined: crime – minor misconduct – criminal misconduct – administrative offence; such institution violates the system of sanctions for unlawful acts, as the sanctions  for most criminal misconducts are milder than for administrative offenses. The authors of the draft law underline the effectiveness of the norms on minor misconduct, administrative prejudice, and exemption from criminal liability, without clarifying the goals that cannot be achieved by these existing instruments. Most likely, the new institution would require increasing the workload of judges. The draft law violates the systematicity in establishing liability for infringement of intellectual property rights. It is recommended to include in the draft Paragraph 4 of the Article 15.1 of the Criminal Code of the Russian Federation reference to the Part I and Part II of the Article 146, and Part I of Article the 147 of the Criminal Code of the Russian Federation. The conducted research allows concluding that the draft law does not have sufficient criminological and criminal-legal scientific substantiation.


Author(s):  
Dmitry А. Lomakin

This paper has accumulated and systematized the experience of studying the settlement of Eski-Yurt as the largest Golden Horde centre on the Crimean Peninsula when the role of Solkhat as an economic, military, cultural, and administrative centre declined and the capital was transferred to the western Crimea. The research has used various groups of historical sources: travelogues of numerous voyagers who visited the Crimean Peninsula for personal or official purposes (Marcin Broniewski, F. Dubois de Montpéreux, Iakov Lyzlov, P. S. Pallas, S. I. Tarbeev, Evliya Celebi, and others), scholarly works of local researchers of the Crimean sites in the Golden Horde Period, particularly those who investigated the settlement of Eski-Yurt (A. S. Bashkirov, U. A. Bodaninskii, P. I. Gollandskii, B. N. Zasypkin, A. A. Ivanov, S. V. Karlov, V. P. Kirilko, and others), and the materials from the collections of central and departmental archival depositories. The experience of archaeological researches at the site (expeditions supervised by A. S. Bashkirov and U. A. Bodaninskii in 1924, V. L. Myts in 1991, and S. V. Karlov in 2005) is presented. The main stages of the researches at the site have been distinguished and analysed: 1) Late eighteenth to early twentieth centuries: sketches in travelogues of encyclopaedic scholars who visited the Crimea after its unification with Russia (P. S. Pallas, F. Dubois de Montpéreux, etc.); the first scholarly experience of exploration of the site by A. F. Negri, V. D. Smirnov, and others; 2) 1920s: the beginning of the archaeological studies of the settlement (the expedition of A. S. Bashkirov and U. A. Bodaninskii, 1924); the attempts of attracting attention of the government and public to the cultural heritage preservation in Eski-Yurt (the works of A. S. Bashkirov, U. A. Bodaninskii, P. I. Gollandskii, and B. N. Zasypkin); 3) current stage, or the last quarter of the twentieth century: the revival of the academic interest to the settlement (the works of A. A. Ivanov, V. P. Kirilko, O. M. Stoikova, M. M. Choref, and others); the continuation of the archaeological studies of the site (the expeditions of S. V. Karlov and V. L. Myts); state registration of the architectural and archaeological monuments of the settlement. The present state of the cultural heritage objects has been considered.


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