Trial by Jury and Trial with the Aid of Assessors in the Superior Courts of British African Territories: III

1961 ◽  
Vol 5 (2) ◽  
pp. 82-98
Author(s):  
J. H. Jearey
Keyword(s):  
Seventeenth Century ◽  
Criminal Trials ◽  
The Law ◽  
And Function ◽  
The Trinity

The use of assessors in Courts of Admiralty in England is of long standing. The first reported case in which they are mentioned is probably The Ann of Mostein, but there is an even earlier reference to the practice of seeking advice from the Trinity House Masters dating from the beginning of the seventeenth century. The true status and function of assessors in England is not in doubt, but the same cannot be said of assessors in criminal trials in Africa, and the aim of this chapter is to clarify the position as far as possible. It is intended first to describe the law governing trial with assessors in the superior courts, then to discuss some of the problems that have arisen, and finally to attempt to define the true role of the assessor.

scholarly journals Axiology of Judicial Application of Enforcement Law: View on the Bailiff’s Discretion

2020 ◽  
Vol 29 (3) ◽  
pp. 149
Author(s):  
Piotr Szczekocki
Keyword(s):  
Decision Making ◽  
Public Interest ◽  
Special Role ◽  
Application Process ◽  
Important Place ◽  
The Public ◽  
General Clause ◽  
The Law ◽  
And Function

<p class="Standard">In the article, the author focused on three theoretical and philosophical issues of the judicial enforcement law in Poland, connected with the new enforcement acts which entered into force on 1 January 2019. First, the judicial enforcement proceedings were presented as an element of the law application process. The axiological dimension of this law, the place and function of a court bailiff in the law application process and the introduction of general clauses, combined with the basic values of the court enforcement law in the form of efficiency, effectiveness and reliability, form the new picture of the judicial enforcement law. Secondly, the problem of a general clause as a “carrier” of extralegal criteria was discussed, which takes an important place in the process of enforcement law application in the new bailiff’s law. There is the special role of the “public interest” and the “interest of justice” clauses as normative constructions introduced by the legislator to judicial enforcement. Thirdly, an attempt was made to answer the question about the presence and possible limits of discretion (free decision-making) of a court bailiff in the surrounding of the new axiology of enforcement law, and especially the formulation of this issue in the process of operative interpretation of law by a court bailiff.</p>

scholarly journals Silence, joint enterprise and the legal trap

2021 ◽  
pp. 174889582199162
Author(s):  
Susie Hulley ◽  
Tara Young
Keyword(s):  
Young People ◽  
Primary Concern ◽  
Criminal Trials ◽  
Legal Rules ◽  
Legal Response ◽  
Legal Risks ◽  
The Law ◽  
Joint Enterprise ◽  
Secondary Liability

The so-called ‘wall of silence’ presents a threat to successful police investigations and criminal trials. Explanations for it have focused on cultural narratives, including distrust in the police, a ‘no snitching’ culture and manipulative ‘professional criminals’. Drawing on a study of serious multi-handed violence and ‘joint enterprise’ as a legal response, this article highlights the role of the law, and its agents, in generating silence among young suspects, whose primary concern is the legal risks of talking. Yet, these young people face a precarious trap, as their silence is interpreted as guilt by the police, propelling them towards charge. This article concludes that to avoid over-charging and to encourage young people with knowledge of serious violence to talk, structural change is needed. The system must reverse the legal rules regarding silence and reform the law on secondary liability to reduce the legal risks of talking.

Hooke and the Law of Universal Gravitation: A Reappraisal af a Reappraisal

1967 ◽  
Vol 3 (3) ◽  
pp. 245-261 ◽  
Author(s):  
Richard S. Westfall
Keyword(s):  
Seventeenth Century ◽  
Royal Society ◽  
Scientific Achievement ◽  
Scientific Theories ◽  
Universal Gravitation ◽  
Current Estimate ◽  
The Law

From the very day in 1686 when Edmond Halley placed Book I of the Principia before the Royal Society, Robert Hooke's claim to prior discovery has been associated with the law of universal gravitation. If the seventeenth century rejected Hooke's claim summarily, historians of science have not forgotten it, and a steady stream of articles continues the discussion. In our own day particularly, when some of the glitter has worn off, not from the scientific achievement, but from the character of Newton, there has been a tendency vicariously to atone for the treatment Hooke received. The judgement Lohne cites with approval from Vavilov appears to summarize the current estimate of the issue—in the seventeenth century only Newton could have written the Principia; nevertheless Hooke first sketched out its programme. What with all the knocks he has received both alive and dead, one feels guilty (and perhaps superfluous) in assuming the role of “debunker” at this late date. Apologetically draped in sackcloth then, head covered with ashes (and with whatever it is one dons for superfluity) I venture softly to suggest that Hooke has received more than his due. There is no question here of justifying Newton's behaviour toward Hooke. Wholly lacking in generosity as it appears to me, Newton's behaviour neither deserves nor can receive justification. The question turns rather on Hooke's scientific theories. Granting always his lack of demonstrations, historians have been prone to interpret his words in the light of Newton's demonstrations. A close examination of Hooke's writings does not sustain the interpretation. Contrary to what is generally asserted, he did not hold a conception of universal gravitation. And if he announced the inverse square relation, he derived it from such a medley of confusion as will not allow his claim to priority.

scholarly journals Role of clergy in the creation and function of the Serbian state from the time of First Serbian Uprising

2015 ◽  
pp. 53-64
Author(s):  
Jovan Janjic
Keyword(s):  
The State ◽  
Law And Order ◽  
Spiritual Authority ◽  
The Creation ◽  
The Law ◽  
And Function

The Priesthood fulfills their mission for Serb people, and therefore shares the fate of people. It recognizes and shares needs, problems and aspirations of Serb nation. So that was the case in the First Serbian Uprising, hence the same needs and aspirations of the Serbian People and Serbian Clergy to get rid of the Ottoman occupation and have their own state in which they would live by their own laws. This paper attempts to show which way the Clergy was engaged to lead to the establishment of Serbian authority, on the ruins of the Ottoman feudal order on the territory of Belgrade Province, and which way was it included in their work. The intention was the attempt to show what was directly done to lead to the establishment of the Serbian State in the making, but also indirectly through mission of priests within the clergy in order to reach this goal. Specifically, the endeavor was to show how the Karlovac Metropolitanate Stevan Stratimirovic, the largest and undisputed spiritual authority among the insurgents of Serb Uprising, with his frequent invitations, (including the addressing to individual insurgent commanders in order to respect the law and order) contributed to creating an environment for the development and operation of the authority of a new Serb State. It seems that, in literature about history and law, and in historiography in general, such activities that indirectly favored the creation of the state of First Serbian Uprising were not sufficiently addressed. But here, such issues were at least partially indicated.

Part V Fairness and Expeditiousness of ICC Proceedings, 38 The Role of the Appeals Chamber

2015 ◽  
Author(s):  
Nerlich Volker
Keyword(s):  
Trial Chamber ◽  
System P ◽  
The Law ◽  
The Right ◽  
And Function ◽  
Relationship Of ◽  
The Relationship ◽  
Role And Function ◽  
Meaningful Role

This chapter analyses the role and function of the Appeals Chamber of the ICC. The right to appeal under the Statute goes beyond what is mandated by human rights law. This contribution analyses the specificities of appeals in the ICC system, including the relationship of the Appeals Chamber to other Chambers, its jurisdiction over different types of appeal under Articles 81 and 82 (e.g. interlocutory appeal, and appeal against final decisions of the Trial Chamber), review and revision of sentences, and the relevant standards of review. The chapter contrasts approaches of the ICC with the practice of the Appeals Chambers of the ICTY and ICTR, which have used their first cases to clarify and develop the law. It shows that the ICC has taken an approach of judicial restraint. It argues that development of the law in small steps may be the most effective approach to building a lasting and meaningful role of the Appeals Chamber in the ICC system.

Early Modern Socinianism and Unitarianism

2014 ◽  
pp. 360-372
Author(s):  
Sarah Mortimer
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Early Modern ◽  
French Revolution ◽  
Christian Ethics ◽  
New Era ◽  
The Enlightenment ◽  
Changing Attitudes ◽  
The Trinity

This essay describes the version of Christianity set out by Faustus Socinus, including his critique of the Trinity and the atonement, and his understanding of Christian ethics. It shows how his theology was taken up and developed by later Socinians, and describes how the role of reason in Socinian theology changed. The challenges which Socinianism posed to mainstream theology, especially in a period when new philosophies were being explored, are outlined. From the middle of the seventeenth century, Arian and then Unitarian ideas were heard, but these then receded into the background in the eighteenth century. It is suggested that the anti-Trinitarians benefited from changing attitudes toward philosophy and human nature during the Enlightenment, but that the French Revolution ushered in a new era of conservatism and hostility toward Socinianism and Unitarianism, at least in Europe.

Financial Elites, Law, and Regulation

2018 ◽  
Author(s):  
T. T. Arvind ◽  
Joanna Gray ◽  
Sarah Wilson
Keyword(s):  
Seventeenth Century ◽  
Financial Crisis ◽  
Legal History ◽  
Historical Analysis ◽  
Financial System ◽  
Working Through ◽  
The Law ◽  
Legal Concepts

This chapter considers the often-ignored role of legal elites—practitioners, judges, arbitrators, and academics—in shaping and legitimizing modern finance. The financial crisis of 2007 involved legal innovation as much as it involved financial innovation, and this pattern is not new. Legal history shows us a constant trend, going back at least as far as the seventeenth century, of financial elites working through and with legal actors to reshape, extend, and repurpose legal concepts, categories, and understandings in ways that better serve the ends they seek to pursue. This chapter uses a historical analysis to consider who these legal actors are; the role they play within networks of financial elites and the financial system; how they influence understandings of what is and what is not permissible, possible, or legitimate within the framework of law; and how the law might be structured to ameliorate the most deleterious effects of their influence.

Rola senatorów w sejmach Rzeczypospolitej

2021 ◽  
Vol 6(167) ◽  
pp. 195-222
Author(s):  
Andrzej Stroynowski
Keyword(s):  
Seventeenth Century ◽  
The Face ◽  
Legislative Activity ◽  
The Law ◽  
Chamber Of Deputies

During the three centuries of the functioning of the Sejm of the Commonwealth the role of the senators continued to change. Initially, they fulfilled chiefly the function of the royal council, predominantly advising the king and forcing through approval of decisions made at nobility sejmiks. At the same time, they constituted the second chamber of the Sejm, whose legislative rights were gradually reduced in the course of the Executionist (execution-of-the-law) Movement aimed at the emancipation of the nobility and represented primarily in the Chamber of Deputies. Already at that time strivings of the senators began to change by focusing on building up their position in the nobility-dominated provinces and declaring themselves defenders against the threat of royal absolutism. As a result, the involvement of the senators in the work conducted by the seventeenth-century Sejm diminished, a process expressed in low attendance and negligible fulfilment of the duties of presenting wota (opinions and commentaries), the work performed by resident senators, and taking part in Senate councils. Not until the King Stanisław Augustus era did the Sejm revive and the role played by the senators grow. The senators now gained influence upon the then established Permanent Council, via which they could control the executive and jurisdiction. Moreover, they became the support of royal-ambassadorial rule. By the time of the Four-Year Sejm their position collapsed in the face of rising patriotic and republican attitudes in the Chamber of Deputies. As a result, it was decided to radically limit the number of senators and their impact upon legislative activity, a resolution upheld also by the last Sejm held in Grodno. These resolutions, which to a great extent limited the role played by the senators, did not come into force.

Scanning electron microscopic study of collagen fibrillogenesis and extracellular compartmentalization in the chick embryo tendon

1986 ◽  
Vol 44 ◽  
pp. 208-209
Author(s):  
Grace C.H. Yang
Keyword(s):  
Chick Embryo ◽  
Extracellular Space ◽  
Fibroblast Cell ◽  
Collagen Fibrils ◽  
Electron Microscopic ◽  
Voltage Electron ◽  
Scanning Electron Microscopic Study ◽  
Microscopic Studies ◽  
And Function

The size and organization of collagen fibrils in the extracellular matrix is an important determinant of tissue structure and function. The synthesis and deposition of collagen involves multiple steps which begin within the cell and continue in the extracellular space. High-voltage electron microscopic studies of the chick embryo cornea and tendon suggested that the extracellular space is compartmentalized by the fibroblasts for the regulation of collagen fibril, bundle, and tissue specific macroaggregate formation. The purpose of this study is to gather direct evidence regarding the association of the fibroblast cell surface with newly formed collagen fibrils, and to define the role of the fibroblast in the control and the precise positioning of collagen fibrils, bundles, and macroaggregates during chick tendon development.

Role of the Cilia Membrane in Control of Microtubule Sliding

1980 ◽  
Vol 38 ◽  
pp. 612-615
Author(s):  
Edna S. Kaneshiro
Keyword(s):  
Control Mechanism ◽  
Beat Frequency ◽  
Surface Membrane ◽  
Ciliary Membrane ◽  
Ciliary Beating ◽  
Ciliary Reversal ◽  
Voltage Dependent ◽  
Reversal Mechanism ◽  
And Function

It is currently believed that ciliary beating results from microtubule sliding which is restricted in regions to cause bending. Cilia beat can be modified to bring about changes in beat frequency, cessation of beat and reversal in beat direction. In ciliated protozoans these modifications which determine swimming behavior have been shown to be related to intracellular (intraciliary) Ca2+ concentrations. The Ca2+ levels are in turn governed by the surface ciliary membrane which exhibits increased Ca2+ conductance (permeability) in response to depolarization. Mutants with altered behaviors have been isolated. Pawn mutants fail to exhibit reversal of the effective stroke of ciliary beat and therefore cannot swim backward. They lack the increased inward Ca2+ current in response to depolarizing stimuli. Both normal and pawn Paramecium made leaky to Ca2+ by Triton extrac¬tion of the surface membrane exhibit backward swimming only in reactivating solutions containing greater than IO-6 M Ca2+ Thus in pawns the ciliary reversal mechanism itself is left operational and only the control mechanism at the membrane is affected. The topographic location of voltage-dependent Ca2+ channels has been identified as a component of the ciliary mem¬brane since the inward Ca2+ conductance response is eliminated by deciliation and the return of the response occurs during cilia regeneration. Since the ciliary membrane has been impli¬cated in the control of Ca2+ levels in the cilium and therefore is the site of at least one kind of control of microtubule sliding, we have focused our attention on understanding the structure and function of the membrane.

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