The Development of the Deathbed Transfer in Medieval English Manor Courts

1988 ◽  
Vol 47 (3) ◽  
pp. 403-427 ◽  
Author(s):  
L. Bonfield ◽  
L. R. Poos
Keyword(s):  
Common Law ◽  
Judicial System ◽  
Administrative Burden ◽  
Property Owner ◽  
Property Owners ◽  
Legal Effect ◽  
Succession Process ◽  
The One ◽  
Societal Interest

Property owners in modern common-law jurisdictions have a wide variety of legal instruments at their disposal to effect the inter-generational transfer of wealth. Indeed the object of much reform in the area of estate transmission in the course of this century has been to reduce the formality required to execute the comprehensive succession arrangements which anthropologists and historians have termed “strategies.” Yet the process of relaxation of formality has not produced a law devoid of requirement, because societal interest is thought at times to conflict with unimpinged informality of transfer. For example, legislatures and courts believe that some formality protects the property owner (who at the time his act has legal effect may be dead) from those who seek to influence or subvert the succession process. Moreover, because nearly all members of society partake of the process, the administrative burden on the judicial system is lessened when law provides a clear set of hurdles for a disposition to surmount in order to be valid. Likewise, the more detailed and tailored to these aims the requirements for validity are constructed, the less likely disputes regarding dispositions will arise. Thus, in modern law, the virtue of simplification is balanced with protective concerns, creating a law of wills and trusts on the one hand sufficiently complex both to embarrass practitioners and confound students, but leaving individuals relatively free to craft estate plans consistent with their own desires.

scholarly journals Does Property Ownership Lead to Participation in Local Politics? Evidence from Property Records and Meeting Minutes

2020 ◽  
Author(s):  
Jesse Yoder
Keyword(s):  
Local Politics ◽  
City Council ◽  
Political Activity ◽  
Local Elections ◽  
Property Ownership ◽  
Individual Level ◽  
Property Owner ◽  
Original Dataset ◽  
Property Owners

Homeowners and renters have participated in politics at different rates throughout American history, but does becoming a property owner motivate an individual to par- ticipate in local politics? I combine deed-level property records in California and Texas with an original dataset on individual comments in local city council meetings to study the role of property ownership in shaping costly forms of political behavior, and I document large inequalities in who participates at city council meetings. I also link property records to individual-level contribution records and administrative voter files and find that becoming a property owner increases an individual’s political activity. Over and above voting in local elections, property ownership motivates individuals to participate in local city council meetings and donate to candidates. These findings illustrate how the experience of homeownership leads property owners to become much more active in local politics.

scholarly journals CONSEQUENCES OF THE DECISION OF THE CONSTITUTIONAL COURT OF ROMANIA NO. 2/2017 ON THE EXTRAORDINARY APPEAL PATH OF THE REVIEW

2018 ◽  
Vol 11 (2) ◽  
pp. 68-75
Author(s):  
Mihaela Pătrăuș ◽  
Darius-Dennis Pătrăuș
Keyword(s):  
Central Element ◽  
The State ◽  
Judicial System ◽  
Criminal Case ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Initial Report ◽  
State Of Affairs ◽  
The One ◽  
Judicial Error

The central element of this extraordinary appeal is the judicial error. The review involves finding a legal error in the criminal case settled by a final judgment, which was based on an erroneous assessment of the state of affairs. Exercising appeals does not create a new procedural report, but only extends the initial report in this new procedural phase. In our judicial system, the unanimous classification is that appeals are divided into two categories: ordinary ways and extraordinary ways. Thus, before the decision, the case under Article 453 (1) (a) could be invoked as a ground for review only in favor of the convicted person or of the one to whom the waiver of the punishment or deferment of the punishment or termination of the criminal proceedings, if the review is aimed at obtaining an acquittal. Therefore, this case of revision could not be used to the detriment of the person who was acquitted or who was ordered to terminate the criminal proceedings, with the aim of reaching a decision on conviction, renunciation of the punishment or postponement of the application punishment.

scholarly journals Ideologi Politik dalam Khazanah Penafsiran: Ayat-ayat Legitimatif al-Qur’ān pada Kasus Suksesi Abū Bakr al-Ṣiddīq

2019 ◽  
Vol 5 (1) ◽  
pp. 1-25
Author(s):  
Baihaki Baihaki
Keyword(s):  
Political Ideology ◽  
Historical Background ◽  
The Political ◽  
Political Affiliation ◽  
Succession Process ◽  
The Difference ◽  
The One

The study focuses on the discussion of a political polemic which has led to theological disputes and has subsequently created various types of interpretations of the Qur’ān. In this context, the author limits the discussion into three main treasures, namely Sunnī, Shī‘ah, and Mu‘tazilah. The polemic commenced due the succession process of Abu Bakr’s caliphate. It has been known that the Sunnī group claimed Abu Bakr as the successor of the Prophet Muhammad, while the Shī‘ah people demanded ‘Alī b. Abī Ṭālib as the one who possesses right to be the successor of the Prophet. Different political affiliation has consequently led to different interpretations of the Holy texts produced by these different groups. It is, therefore, interesting to observe how the similar Qur’anic verses are interpreted differently. Comparing inter-stream interpretations of the Qur’ān will show us the difference and contestation of meaning among them. This article will demonstrate how an interpreter of al-Qur’ān has been always influenced by the context of his/her historical background and expertise, including the political ideology he or she affiliated to.

Non-Judicial, Advisory, Yet Impactful? The Aarhus Convention Compliance Committee as a Gateway to Environmental Justice

2020 ◽  
Vol 9 (2) ◽  
pp. 211-238
Author(s):  
Gor Samvel
Keyword(s):  
Quantitative Assessment ◽  
Soft Law ◽  
Binding Effect ◽  
Systematic Assessment ◽  
Aarhus Convention ◽  
Legal Effect ◽  
Domestic Practice ◽  
The One ◽  
The Impact ◽  
Auxiliary Role

AbstractIn accordance with Article 15 of the Aarhus Convention, the first meeting of the parties to this Convention established a non-judicial and consultative Compliance Committee to consider, among other matters, individual cases concerning compliance by parties with their obligations. The Committee is traditionally viewed as a non-judicial, soft mechanism and its rulings as non-binding, soft law. In recent years, however, to support the claim that rulings of the Committee have an impact and legal effects, some scholars have departed from the traditional perspective and characterized the Committee as a more judicialized mechanism, which issues legally binding rulings.This characterization assumes a correlation between judicialization and binding effect on the one hand, and legal effect on the other. The latter claim, however, has not been supported by a systematic assessment of the impact of the Committee's rulings on domestic practice. Against this background, the article assesses the impact of Article 9-related rulings of the Committee, issued between 2004 and 2012, on national legal orders. The assessment reveals that in fewer than 41% of the cases parties recorded some degree of compliance with the rulings of the Committee, whereas in 59% they recorded no progress. The quantitative assessment and respective qualitative insights, among other factors, suggest that the normative character of the Committee and its rulings play an auxiliary role in the process of ensuring compliance with the provisions of the Aarhus Convention. The decision of parties to comply is determined typically by the substance of the rulings as they stand in relation to domestic circumstances rather than by the institutional features of the Committee and binding effect of its rulings.

Surrender to the inevitable?

1999 ◽  
Vol 58 (1) ◽  
pp. 1-48
Author(s):  
Louise Tee
Keyword(s):  
Common Law ◽  
Pragmatic Approach ◽  
Trust Mechanism ◽  
Land Registration ◽  
Land Transfer ◽  
Adverse Possession ◽  
The Common ◽  
The Times ◽  
The One ◽  
Substantive Law

ADVERSE possession and registered land are unlikely bedfellows–the one originating in the common law idea that a freehold estate results from possession and the other premised upon registration validating title. Indeed, when registration of title was introduced into England and Wales in the nineteenth century, acquisition of title to registered land by adverse possession was prohibited–see section 21 of the Land Transfer Act 1875. However, a more pragmatic approach then ensued, and the Land Registration Act 1925, s. 75, expansively provided that the Limitation Acts should apply to registered land in the same manner and to the same extent as those Acts applied to unregistered land. But technically, of course, this was impossible, and the section detailed a special trust mechanism for registered land alone. Section 75 thus clearly illustrates the inherent difficulties in trying to retain the substantive law of unregistered land within a registered context. Tensions are inevitable, because of the very different conceptual bases of the two systems. In Central London Commercial Estates Ltd. v. Kato Kagaku Ltd., The Times, 27 July 1998, Sedley J. was directly faced with such tension, as he strove to determine the effect of section 75.

Marxism, Morality and Ideology the Marxist Moral Paradox and the Struggle for Social Justice

1999 ◽  
Vol 6 (2) ◽  
pp. 221-239
Author(s):  
Mokgethi B.G. Mothlabi
Keyword(s):  
Well Being ◽  
Status Quo ◽  
Moral Issue ◽  
Main Concern ◽  
Social Critique ◽  
The People ◽  
Property Owners ◽  
Working People ◽  
The Status ◽  
The One

AbstractThere is a certain paradox inherent in Marx's criticism of morality. On the one hand, he rejects morality as a form of bourgeois ideology which serves mainly to justify the status quo. The status quo in question is one which is mainly detrimental to ordinary working people, while favouring property owners as well as owners of the means of production. In this sense Marx's condemnation of morality resembles his condemnation of religion, which he saw as the opium of the people. On the other hand, Marx employs morally significant language to challenge what he regards as the evils of capitalism and their destructive effects on the working class. It becomes clear from all this that capitalism cannot be seen as purely an economic matter. Insofar as it affects the lives and well-being of people, it is also a moral issue and deserves to be judged accordingly. How Marx steers between his seeming rejection of morality and, at the same time, using it to criticise capitalism is the main concern of this article. In the process, Marx's concept of ideology is explained while the focus and motivation of his social critique is also briefly considered.

scholarly journals The Inquisition of 1517. Inclosures and Evictions. Part II. Edited from the Lansdowne MS. 1. 153

1893 ◽  
Vol 7 ◽  
pp. 127-292
Author(s):  
I. S. Leadam
Keyword(s):  
Sixteenth Century ◽  
Legal Theory ◽  
Common Law ◽  
Historical Review ◽  
The Other ◽  
Historical Society ◽  
Sharp Distinction ◽  
Legal Security ◽  
The One ◽  
At Will

In the ‘English Historical Review’ for April (1893) Professor Ashley offers some criticisms upon the ‘Introduction to the Inquisition of 1517,’ contributed by me to the ‘Transactions of the Royal Historical Society’ for 1892. One object of that Introduction, it may be remembered, was to disprove the assertion of Professor Ashley that at the time when the evictions for inclosure began, and until ‘towards the end of the period,’ ‘the mass of copyholders’ had no legal security. In my view, the manorial records, the compilations of laws in the twelfth and thirteenth centuries, the practice of the courts, even the treatises of the jurists when critically scrutinised, led to the conclusion not merely that copyholders enjoyed protection in legal theory, but that their predecessors in title, the villeins, had done so before them. I drew no distinction in this matter between customary tenants and copyholders, as Professor Ashley appears to suppose, but showed that security extended even to villeins by blood, or ‘nativi,’ on custo-mary lands. Professor Ashley's proposition that ‘customary tenants’ and ‘copyholders’ were equivalent terms was never doubted by me, and is irrelevant to my argument. Indeed, it is assumed by me on the very pages to which he refers. ‘Mr. Leadam,’ he says, ‘draws a sharp distinction between “copyholders” on the one side and “tenants at will” on the other—a distinction which one may doubt whether the men of the sixteenth century would have felt so keenly.’ The distinction, as those who turn to the passage will see, is between ‘copyholders,’ used in Fitzherbert's sense as equivalent to customary tenants, who were ‘tenants at will according to the custom of the manor,’ and ‘tenants at will at Common Law.’

Is the Prisoner's Character Indivisible?

1953 ◽  
Vol 11 (3) ◽  
pp. 377-394 ◽  
Author(s):  
R. N. Gooderson
Keyword(s):  
Common Law ◽  
The Other ◽  
Sexual Morality ◽  
The Common ◽  
The One ◽  
A Charge

“There is no such thing known to our procedure as putting half a prisoner's character in issue and leaving out the other half.” This observation fell from Humphreys J. in delivering the judgment of the Court of Criminal Appeal in R. v. Winfield (1939). The purpose of this article is to suggest that at common law this statement is not borne out by principle or by authority. The effect on the common law where the prisoner elects to go into the witness-box in exercise of the statutory opportunity created by the Criminal Evidence Act, 1898, will also be considered. The type of situation that arises is illustrated by Winfield's Case, where the facts, in brief, were that on a charge of indecent assault, W. put in issue his good character for sexual morality, and the prosecution in cross-examination proved his previous convictions for offences involving dishonesty. The court held that such cross-examination was proper. The question is whether the evidence of the good or bad character of the prisoner must be confined to the trait or traits relevant to the type of crime charged. It will be submitted that the evidence must be so confined. On an indictment for murder, evidence of the good or bad character of the prisoner for honesty will be inadmissible. Not only the crime charged but also the circumstances in which it is alleged to have been committed must be considered. If the murder is committed with a hammer, character for peace and quiet on the one hand and for violence on the other will be admissible, but not if it is a case of slow poisoning.

European Perspectives on a Judicial Appointments Commission

2004 ◽  
Vol 6 ◽  
pp. 35-54
Author(s):  
John Bell
Keyword(s):  
Common Law ◽  
Critical Assessment ◽  
Judicial System ◽  
England And Wales ◽  
Judicial Appointments ◽  
European Experience ◽  
The Common

The natural models for English debates on judicial appointments have been from the common law. Although England and Wales remain very much within the common law world and its problems, we are increasingly drawn into a European world, where many of our ideas and standards are shaped by our participation in European agendas. There are important lessons to be learnt from European experience in this area. Based on that European experience, one can see a tension between the desire to give the judiciary greater independence from the executive and the practice of leaving the judiciary increasingly in charge of the processes of appointment and management of the judicial career and, even, of the judicial system itself. These tensions are much stronger in many other parts of Europe and these may serve as useful points of reference. There is an emerging European judicial model to which English debates are now referring, but which needs critical assessment.

The Vine and the Elm Tree: the Patristic Interpretation of Jesus’ Teachings on Wealth

1987 ◽  
Vol 24 ◽  
pp. 1-14 ◽  
Author(s):  
J. A. McGuckin
Keyword(s):  
New Testament ◽  
Biblical Criticism ◽  
Property Owner ◽  
Clement Of Alexandria ◽  
The Poor ◽  
The New Testament ◽  
The Subject ◽  
Original Message ◽  
The Rich ◽  
The One

If patristic tradition on the subject of wealth and possessions often appears ambivalent in its attitudes, then perhaps one of the reasons for this is that this tradition grows from an exegesis of Gospel teachings on the subject that themselves are far from being straightforward, even though they are immensely forthright. Clement of Alexandria, for example, has frequently been accused of twisting the simple and immediately obvious demand of Jesus: ‘Sell all you have and give to the poor’ (Mark 10.21) and subverting a radical vision of Jesus into a comfortable exhortation that any pious property-owner, bourgeois or aristocratic, could be happy to live with. If the rich young man had understood Christ’s real message, as Clement would have it (not so much to renounce his ownership of goods as to free his heart from attachment to them), then he might not have had such a crisis about following Jesus. Whether or not Clement’s case is, in the end, convincing as an exegesis, it none the less successfully raises all the implicit problems of interpreting the New Testament teachings on wealth in any kind of universalist sense—as teachings that are meant to apply to all, and for all time. And there are, consequently, many dangers in being too ready to dismiss Clement’s allegorism as an anachronistic exegesis, not least the danger of reverting to a different kind of biblical fundamentalism than the one Clement thought he was attacking; for contemporary biblical criticism, as it attempts to separate out the original message of Jesus and the insights of his later disciples, and to locate the original words in their correct historical and sociological milieu, has rightly warned us against over-confidence in our historical interpretations of Gospel material.

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