From John Mark to John the Theologian; the First Great Departure from Primitive Christianity

1923 ◽  
Vol 16 (3) ◽  
pp. 235-257
Author(s):  
George Holley Gilbert
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
Christian Faith ◽  
Small Measure ◽  
The Future ◽  
The Common ◽  
The Difference ◽  
The Church

The title of this article suggests the difference between our oldest gospel and our latest. The importance of the theme lies in the fact that this difference is not one of development, such, for instance, as the difference between the laws of Elizabeth's England and the common law of the United States, but is rather the difference of deep and pervasive contrariety and even of sharp and sweeping antagonisms. To the task of setting forth this fateful difference, which affects our common loyalty to the Master, and on the full recognition of which by the church depends in no small measure the future of our Christian faith, the following study is devoted.

Perbandingan Pengaturan Hukuman Mati di Indonesia dan Amerika Serikat

2020 ◽  
Vol 3 (1) ◽  
pp. 99-115
Author(s):  
Hesti Widyaningrum
Keyword(s):  
United States ◽  
Death Penalty ◽  
Legal System ◽  
Common Law ◽  
The United States ◽  
Criminal Code ◽  
Life Threatening ◽  
The Common ◽  
The Difference ◽  
United States Code

This article discuss the comparison of the death penalty between Indonesia and the United States which has a different legal system. This study used normative juridical method by comparing the legal system and the implementation of death penalty in the two countries. The difference of the death penalty in Indonesia and the United States lies in the crime. In America, life-threatening, cruel crimes and genocide  are regulated in the United States Code. Whereas in Indonesia, Criminal death for genocide, foreign smuggling crimes, and drug crimes are enforced in the Special Act where the crime is included in the category of special crimes. Alternative punishment for death penalty also differs between Indonesia and America where the fine is a cumulative or facultative crime with a specific imprisonment as an alternative punishment for death peanlty. The conclusion of this study shows that the application of death peanlty is not based on the legal system adopted by a country both in the common law and civil law. Criminal Code in Indonesia does not always contain acts of crime that are punishable by death, while in USC in America contains criminal acts pusisable by death.

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

Law and Lawyers in the United States: The Common Law under Stress

1967 ◽  
Vol 80 (4) ◽  
pp. 916
Author(s):  
Lord Denning ◽  
Erwin N. Griswold
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
The Common

Saeculum–Ecclesia–Caliphate: An Eternal Golden Braid

2019 ◽  
pp. 94-107
Author(s):  
Paul J. Griffiths
Keyword(s):  
United States ◽  
Political Thought ◽  
Common Good ◽  
The United States ◽  
Catholic Theology ◽  
The Common Good ◽  
The Common ◽  
The Church ◽  
Catholic Perspective ◽  
Secular State

The secular state, the church, and the caliphate are associations that each hold universal aspirations, at least implicitly. While the universal aspirations of the church and caliphate may be obvious enough, every state seeks dominion over the whole world. (“Secular” describes states that limit their vision to this world, as opposed to the transcendence to which both the church and caliphate appeal.) As an essay in Catholic speculative theology, Griffiths asks two questions: Whether Catholic theology supports or discourages the variety of political orders, and whether these orders could be ranked in terms of goodness from a Catholic perspective? In response to these questions, Griffiths appeals to two aspects of St. Augustine’s political thought: Political rivalries serve the common good; and the principal indicator of the degree to which a state serves the common good is its explicit service to the god of Abraham. The United States (a secular state) is compared with ISIS (an attempted caliphate).

The Diffuse and Second Look Models of Judicial Review

2021 ◽  
pp. 23-34
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
Latin America ◽  
Judicial Review ◽  
Common Law ◽  
The United States ◽  
Constitutional Court ◽  
Bill Of Rights ◽  
The United Kingdom ◽  
Second Look ◽  
The Common

This chapter examines the two models of judicial review that exist in the common law countries: the Diffuse Model and the Second Look Model. The Diffuse Model of judicial review originated in the United States and has spread to India, Canada, Australia, the United Kingdom, most of the countries of Latin America, the Scandinavian countries (except for the Netherlands), and Japan. It is premised on the idea that a country’s written constitution is its supreme law and that courts, when deciding cases or controversies that are properly before them, are thus duty-bound to follow the constitution, which is supreme law, and not a contrary statute whenever those two items conflict. Meanwhile, the essence of the Second Look Model of judicial review is that a Supreme or Constitutional Court ought to have the power of judicial review, subject to some kind of legislative power of override. This, it is said, best harmonizes the advantages of a written constitution and a bill of rights enforced by courts with the imperatives of democratic self-government. The underlying goal is to obtain the advantages of both constitutional government and also of democratic government.

The Law of Personal Status: Wives, Paupers, and Slaves

2019 ◽  
pp. 173-212
Author(s):  
Lawrence M. Friedman
Keyword(s):  
United States ◽  
Civil Rights ◽  
Common Law ◽  
White Men ◽  
The United States ◽  
Political Rights ◽  
Poor Laws ◽  
Marriage And Divorce ◽  
The Common ◽  
The Law

This chapter discusses the law on marriage and divorce, family property, adoption, poor laws and social welfare, and slavery and African Americans in the United States. In the colonial period, the United States had no courts to handle matters of marriage and divorce. Marriage was a contract—an agreement between a man and a woman. Under the rules of the common law, the country belonged to the whites; and more specifically, it belonged to white men. Women had civil rights but no political rights. There were no formal provisions for adoption. A Massachusetts law, passed in 1851, was one of the earliest, and most significant, general adoption law. The so-called poor laws were the basic welfare laws.

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