‘A CLASHING OF JURISDICTIONS’: COMMISSIONS OF ASSOCIATION IN RESTORATION CORPORATIONS

1998 ◽  
Vol 41 (2) ◽  
pp. 425-455
Author(s):  
PAUL D. HALLIDAY
Keyword(s):  
Local Authorities ◽  
Justices Of The Peace ◽  
The Law ◽  
The Relationship ◽  
Three Phases

According to their charters, borough magistrates were to be independent of county justices of the peace. But between 1664 and 1688, the crown granted commissions of association appointing county justices to act in twenty-one towns. Though such commissions effectively annulled provisions in corporate charters, their use was entirely within the law of franchises by which such charters were granted. Three phases mark the life of these commissions: the mid-1660s, when the gentry – not the crown – prompted their use for their own purposes; the late 1660s to 1670s, when the crown used them to strengthen excise collection; and the 1680s, when they were used to support a more ambitious policy of imposing new charters on the corporations. Their use thus reveals when, how, and why the relationship between royal and local authorities changed, demonstrating the crown's essentially benign posture toward the provinces in the 1660s and 70s, thereby providing a vivid contrast to developments in the 1680s.

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

Innovative Thinking on the Relationship between the Provision of Local Services and Inequality in Israel

2020 ◽  
Vol 35 (3) ◽  
pp. 31-51
Author(s):  
Yoram Ida ◽  
Amir Hefetz ◽  
Assaf Meydani ◽  
Gila Menahem ◽  
Elad Cohen
Keyword(s):  
Implementation Process ◽  
Local Variation ◽  
Two Dimensions ◽  
National Standard ◽  
Local Authorities ◽  
Innovative Methodology ◽  
Local Services ◽  
Innovative Thinking ◽  
Mandatory Service ◽  
The Relationship

What innovative policy tools can be introduced so that the provision of local services will mitigate inequality among residents of different localities? Based on the ‘new localism’ approach, this article examines one such tool—a mandatory national standard for services provided by local authorities (a ‘service basket’)—and suggests that the implementation process should consider local variation and autonomy. The novelty of our approach lies in including both objective and normative considerations in the methodological instrument that we developed to capture these two dimensions. This innovative methodology also enabled us to estimate existing service gaps among local authorities and the burdens some will face upon instituting a mandatory service basket.

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

scholarly journals Blinded Like a State: The Revolt against Civil Registration in Nineteenth-Century Brazil

2006 ◽  
Vol 49 (1) ◽  
pp. 5-39 ◽  
Author(s):  
Mara Loveman
Keyword(s):  
Nineteenth Century ◽  
Local Authorities ◽  
Civil Registration ◽  
Women And Children ◽  
The Law

The first reports of popular disturbances in connection with Decree 798, calling for obligatory civil registration of births and deaths in the Brazilian empire, surfaced in the early days of January 1852. In the ensuing weeks, men, women, and children from across the impoverished northeastern Brazilian backlands convened in small settlements and towns to protest the decree. Local authorities reported being forced to abandon their posts, fleeing from the “mass of ignorants,” who, armed with knives and stones, threatened violence against those who would implement the law. Disturbances were reported in at least thirty-one localities, with crowds estimated at one hundred to several thousand people.

Industrial districts and local governance in the Italian experience

1999 ◽  
Vol 18 (2) ◽  
pp. 131-139
Author(s):  
Maurizio Mistri
Keyword(s):  
Political Behavior ◽  
Political Attitudes ◽  
Local Governance ◽  
Dynamic Processes ◽  
Industrial Districts ◽  
Small Enterprises ◽  
Local Growth ◽  
Italian Experience ◽  
The Law ◽  
The Relationship

This paper focuses on the problem of the governance of industrial districts in Italy. The analysis begins with an assessment of the dynamic processes that characterize the development of industrial districts, particularly as concerns the elements of a cultural nature. The relationship between local political attitudes and forms of local growth is considered, generally revealing how in the various practical examples there is a convergence between models of political behavior and the needs of the system of small enterprises. The paper ends with a brief discussion of the law 317/91, designed to establish the responsibilities and roles of the industrial districts.

scholarly journals The Principle of Directive-Compliant Development of the Law and the Contra Legem Limit

2020 ◽  
Vol 16 (4) ◽  
pp. 465-488
Author(s):  
Thomas M.J. Möllers
Keyword(s):  
Case Law ◽  
Third Party ◽  
Broad Term ◽  
Legal Texts ◽  
Classical Methodology ◽  
The Law ◽  
Legal Methodology ◽  
The Relationship ◽  
Further Development ◽  
Domestic Law

AbstractThe Europeanisation of domestic law calls for a classical methodology to ‘update’ the established traditions of the law. The relationship between European directives and national law is difficult, since directives do apply, but European legal texts need to be implemented into national law. Whilst directives are not binding on private individuals, there is no direct third-party effect, but only an ‘indirect effect’. This effect is influenced by the stipulations of the ECJ, but is ultimately determined in accordance with methodical principles of national law. The ECJ uses a broad term of interpretation of the law. In contrast, in German and Austrian legal methodology the wording of a provision defines the dividing line between interpretation and further development of the law. The article reveals how legal scholars and the case-law have gradually shown in recent decades a greater willingness to shift from a narrow, traditional boundary of permissible development of the law to a modern line of case-law regarding the boundary of directive-compliant, permissible development of the law.

Corporate Social Responsibility and Government: The Role of Discretion for Engagement with Public Policy

2021 ◽  
pp. 1-29
Author(s):  
Jette Steen Knudsen ◽  
Jeremy Moon
Keyword(s):  
Public Policy ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Integrated Framework ◽  
The Law ◽  
Corporate Social ◽  
Relationship Of ◽  
The Relationship

We investigate the relationship of corporate social responsibility (CSR) (often assumed to reflect corporate voluntarism) and government (often assumed to reflect coercion). We distinguish two broad perspectives on the CSR and government relationship: the dichotomous (i.e., government and CSR are / should be independent of one another) and the related (i.e., government and CSR are / should be interconnected). Using typologies of CSR public policy and of CSR and the law, we present an integrated framework for corporate discretion for engagement with public policy for CSR. We make four related contributions. First, we explain the dichotomous and the related perspectives with reference to their various assumptions and analyses. Second, we demonstrate that public policy for CSR and corporate discretion coexist and interact. Specifically, we show, third, that public policy for CSR can inform and stimulate corporate discretion and, fourth, that corporations have discretion for CSR, particularly as to how corporations engage with such policy.

scholarly journals Bridging Ride and Play Comfort

Information ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 119
Author(s):  
Zeliang Zhang ◽  
Kang Xiaohan ◽  
Mohd Nor Akmal Khalid ◽  
Hiroyuki Iida
Keyword(s):  
Physical Performance ◽  
Ride Comfort ◽  
Roller Coaster ◽  
Mental Experience ◽  
The Law ◽  
Target Environment ◽  
Rider Comfort ◽  
The Relationship ◽  
Suitable Environment ◽  
The Way

The notion of comfort with respect to rides, such as roller coasters, is typically addressed from the perspective of a physical ride, where the convenience of transportation is redefined to minimize risk and maximize thrill. As a popular form of entertainment, roller coasters sit at the nexus of rides and games, providing a suitable environment to measure both mental and physical experiences of rider comfort. In this paper, the way risk and comfort affect such experiences is investigated, and the connection between play comfort and ride comfort is explored. A roller coaster ride simulation is adopted as the target environment for this research, which combines the feeling of being thrill and comfort simultaneously. At the same time, this paper also expands research on roller coaster rides while bridging the rides and games via the analogy of the law of physics, a concept currently known as motion in mind. This study’s contribution involves a roller coaster ride model, which provides an extended understanding of the relationship between physical performance and the mental experience relative to the concept of motion in mind while establishing critical criteria for a comfortable experience of both the ride and play.

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