Traditional Contracts in German East Africa: The Transition from Pre-Capitalist Forms

1986 ◽  
Vol 30 (2) ◽  
pp. 91-129 ◽  
Author(s):  
Andrew Lyall
Keyword(s):  
East Africa ◽  
Social Relations ◽  
Land Tenure ◽  
Subject Matter ◽  
Recent Article ◽  
Economic Relations ◽  
The Subject ◽  
German East Africa ◽  
Phd Thesis

The material which forms the subject matter of this article constituted a chapter of a PhD thesis presented to London University in 1980. The thesis was based largely on the answers to Kohler's questionnaire which was distributed by the German colonial authorities throughout what was then German East Africa in 1909. A recent article in theJournal of African Lawdescribes these questionnaires in detail. Bibliographical references in the following text to the answers to the questionnaires follow the numbers assigned to them by Ankermann (1929) and used in the list in Redmayne and Rogers' article. Some answers were published at the time and these are referred to in the same way as normal bibliographical entries Some use has also been made of Post's earlier questionnaire which, together with the answers, was published under the editorship of Steinmetz (1903). Post's questionnaire was written in 1895 and distributed throughout the German colonies. The thesis dealt with land tenure and contract and so covered the field of the answers in the questionnaires dealing with those topics. It also set out a typology of African societies at the time the questionnaires were distributed, based on what could be discovered of their economic and social relations. As it turned out this typology proved rather more useful in establishing connections between economic relations and forms of land tenure than it was in establishing connections with such relations and contractual liability.

What is Mill's Principle of Utility?

1973 ◽  
Vol 3 (1) ◽  
pp. 1-12 ◽  
Author(s):  
D. G. Brown
Keyword(s):  
Subject Matter ◽  
Recent Article ◽  
Prima Facie ◽  
Abstract Principle ◽  
The Subject ◽  
Art Of Life

In a recent article (1972) I gave reasons for attributing to Mill a restricted view of the demands of morality, according to which no conduct would be prima facie wrong unless it was harmful to others. This interpretation of Mill raises the problem of reconciling such a view of morality with the principle which Mill calls the Principle of Utility. I tried to show that a reconciliation was possible by invoking the reminder, for which we are indebted to Alan Ryan (1965, 1970) and D. P. Dryer (1969), that Mill conceived of the Principle of Utility as a very abstract principle, and said that it governed not just morality but the whole of the Art of Life. I concluded that, whatever the subject matter of Mill's Principle of Utility might be, it was not the rightness and wrongness of actions.

International Economic Law

2013 ◽  
Author(s):  
Asif Qureshi ◽  
Xuan Gao ◽  
Jeong Ah Lee
Keyword(s):  
International Economic ◽  
Economic System ◽  
International Development ◽  
Subject Matter ◽  
Economic Governance ◽  
Economic Relations ◽  
Economic Law ◽  
International Economic Law ◽  
International Economic Relations ◽  
The Subject

In general, international economic law (IEL) is concerned with the governance of international economic relations between states as they affect individuals in a state, including in particular their relations inter se across national boundaries. As such, the principal preoccupations of IEL involve international trade, international investment, international monetary and financial law, and international development law. A traditional drive for this normative framework has been the facilitation of the optimal allocation and use of national and international resources for the development of all the people of the world. Defining IEL is a complex process involving a bundle of questions that need to be understood at the outset before any firm definition is articulated. The process involves first and foremost the “is” question: What is IEL? This question involves a consideration of the legal sources of IEL, the subject matter that is the object of IEL disciplines, and the subjects that are subject to IEL. Second, the process involves the “ought” question: How should IEL be redefined? This can be in terms of its sources, its subjects, and subject matter, even in terms of its very objectives. Third, the process involves refocusing from a global perspective to a closer, microlevel scrutiny of the subject. At this level, the questions focus on defining the sets of regimes that make up the international economic system and configuring them in relation to each other and the international economic system as a whole, including the system of IEL in the wider international order. Fourth, another subtext of the process of defining IEL involves inquiring into how international economic governance should be allocated among the state, region, and multilateral levels. Finally, the process of defining IEL is a dynamic process and involves a constant appraisal of whether international economic relations are developing in such a manner that corresponding adjustments to the definition of IEL are called for. The process of defining IEL in this manner elevates the question from a mere academic discourse to one of the most profound inquiries in international economic relations, one that is highly relevant to informing our responses to contemporary international economic problems and that is ubiquitous in all manner of national, regional, and multilateral economic governance. The approach to IEL herein is from the perspective of public international law, with a focus on the traditional preoccupations with world trade, money and finance, investment and taxation, and international development law.

“La beauté est dans la rue”: Four reasons (or perhaps five) to study crowds

2017 ◽  
Vol 20 (5) ◽  
pp. 593-605 ◽  
Author(s):  
Stephen Reicher
Keyword(s):  
Social Psychology ◽  
Social Relations ◽  
Real World ◽  
Subject Matter ◽  
Social Reality ◽  
The Political ◽  
The Social ◽  
Fertile Ground ◽  
The Subject ◽  
Methodological Strategy

In this paper, I argue that the study of crowds provides important lessons for social psychology in four key areas. First, it reveals the political influences which shaped and continue to shape the questions we ask and the answers we provide. Second, it demonstrates the importance of a methodological strategy which attends to real-world phenomena and the ability of theory to make sense of them. Third, it generates new theoretical insights and conceptual paradigms which have relevance to social psychology in general. Fourth, it provides new insights into the way that the social relations which constitute everyday social reality are created, consolidated, and changed. In sum, I suggest that the crowd is uniquely fertile ground in which to investigate the subject matter of social psychology.

scholarly journals Problems of the mechanism for challenging of transactions of the debtor in bankruptcy case

2021 ◽  
pp. 30-45
Author(s):  
Viktoriya Viktorovna Kalinkina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Subject Matter ◽  
Court Ruling ◽  
Federal Law ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation

The subject of this research is a set of legal norms that regulate relations in the sphere of challenging of transactions of the debtor, as well as the law enforcement practice. The object of this research is the social relations that develop in the context of challenging of transactions of the debtor in bankruptcy case. The article discusses the problems faced by the arbitration and financial executives at the stage of claim preparation for challenging of transactions of the debtor, i.e. formation of evidence, as well as at the stage of execution of the corresponding court ruling. The purpose goal of this article lies in articulation of the problem, substantiation of the need for legislative regulation, and formulation of recommendation for the improvement of current legislation on the subject matter. The scientific novelty consists in addressed the issues that have not previously become the subject of separate research; as well as in the author’s conclusions and recommendations aimed at the improvement of the Federal Law No. 127-FZ of. October 26, 2002 “On Insolvency (Bankruptcy)” and other normative legal acts regulating this field. The acquired results can also be used in the Russian legal science for further elaboration on the issues related to the effectiveness of the mechanism for challenging of transactions of the debtor, and as well  as improvement of the current legislation of the Russian Federation and law enforcement practice that regulate this field.

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF INTERNAL CONTROL IN THE BODIES OF THE NATIONAL POLICE

2021 ◽  
Vol 12 (2) ◽  
pp. 72-78
Author(s):  
Serhii Yesimov ◽  
◽  
Anatolii Perepelytsia ◽  
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Internal Control ◽  
Subject Matter ◽  
Legal Regulation ◽  
Response Measures ◽  
The Subject ◽  
National Police ◽  
And Control ◽  
Theoretical Issues

The article deals with the theoretical issues of administrative and legal regulation of internal control in the National Police. It is noted that the administrative and legal regulation of internal control in the National Police s an administrative and legal institution that has an independent subject matter and method of legal regulation. Internal control is defined as purposeful activity of normative and law enforcement nature of authorized officials and control and supervisory units of the National Police on the regulation and implementation of public relations in the field of internal control by legal means. Only that part of them that provides organizational, procedural and human rights bases of stability, guarantee and reliability of target information on the state of functioning of the National Police and each territorial body and subdivision becomes the subject matter of legal regulation of internal control. The structure of the subject matter of legal regulation in the field of internal control in the police consists of three parts. The first part of the subject matter of administrative and legal regulation of internal control are the principles, objectives of the organization and implementation of control activities that define and specify its place in the administrative system, as well as the task of identifying faults and positive experiences that significantly affect the legality and efficiency. Since the order of organization of internal control is entrusted to the relevant head, the powers are formed by two blocks: rule-making, components of regulatory and organizational activities to establish the order, goals and directions of internal control of subordinate units and officials. The third group of relations includes social relations, which consist of methods and forms of control actions that ensure the reliability and objectivity of the collection of targeted information, the timely adoption of administrative response measures.

Legal Science Methodology through the Lens of Legal Thinking Innovations

2020 ◽  
Vol 11 (4) ◽  
pp. 1145
Author(s):  
Taras Z. GARASYMIV ◽  
Nadiya P. PAVLIV-SAMOYIL ◽  
Andrii I. HODIAK
Keyword(s):  
Comparative Analysis ◽  
Social Relations ◽  
Subject Matter ◽  
Legal Research ◽  
Teaching Aids ◽  
Legal Science ◽  
Depth Analysis ◽  
Legal Thinking ◽  
The Subject ◽  
Methodological Approaches

The relevance of the subject matter lies in the low efficiency of generally accepted methods of legal research, the lack of modification and transformation from due to obsolescence and inconsistency with modern tendencies in the development of the legal scientific framework and legal thinking of subjects of such activities. This paper is not limited to the classical methods of cognition, it also touches on the topics of basic legal concepts, theories, and well-known approaches in legal science. The main purpose of this paper is to designate the modern methodology of legal science through the lens of innovations in legal thinking, methods of applying methodological approaches, including an in-depth analysis of research methods in legal disciplines with the use of a comparative analysis of Ukraine and countries of the European economic zone. To achieve this purpose, the following special methods of legal analysis were applied in the scientific paper: analysis, synthesis, generalization, hermeneutic method, historical method, comparative and structural-functional methods. As a result of the study, the already existing methodological approaches will be expressly outlined, as well as those that emerged due to innovations in legal thinking and are capable of covering the features of knowledge of law as a social phenomenon. Furthermore, urgent problems of theoretical and methodological aspects of the study of modern legal systems were identified on the example of different states. One of the successes of the scientific analysis of the methodology of legal science lies in the proposal of methods for conducting complex legal research, described by the features of modernity, relevance, and compliance with the information and technological development of social relations. In addition, the sources regarding the methodology of law in Ukraine and foreign countries are systematized. A historical insight into the becoming of the main tendencies and qualities of the evolution of views on the methodology of law will be the subject of comparative analysis in order to identify new methods of legal cognition. Recommendations regarding the subject matter are expressed in the prospects for further research on the problems of the methodology of legal science and the creation of ways to overcome them. Furthermore, research materials can be used in the preparation of training materials, teaching aids, as well as in the learning process in various areas of legal disciplines.

scholarly journals Legal special subject-matter of crimes related to illegal practice of financial activity

2021 ◽  
pp. 19-25
Author(s):  
Cristina Chihai ◽  
Keyword(s):  
Social Relations ◽  
Subject Matter ◽  
Accurate Determination ◽  
Criminal Code ◽  
Material Damage ◽  
Playing Field ◽  
Financial Activity ◽  
The Subject

The classification of a prejudicial act pursuant to Article 2411 [Illegal Practice of Financial Activity] of the Moldovan Criminal Code depends directly on the accurate determination of the crime objective and subjective constituents. Hence, the special subject-matter of this Study is made up of social relations with respect to the practicing of financial activity under a level playing field, having assumed that the subject concerned has been registered and/or authorised (licensed). Essentially, the licence is a permissive act that entitles the holder to carry out a certain kind of activity, in full or in part, falling under the licensing criteria provided by this Law. Authorisation shall be treated as a permissive act that gives certain activity rights to the economic operator, provided that specific terms and conditions are being met. In this regard, it is worth noting that licence and authorisation are not equipollent. Crimes related to illegal practice of financial activity has no tangible (intangible) subject-matter. Therefore, one may draw the conclusion that the wording „in case of causing material damage” (Article 2411 (1) of the Moldovan Criminal Code) and the wording „for the same action that caused material damage” (Article 2411 (2) of the Moldovan Criminal Code) shall be treated as technical and legal error. Ultimately, we shall mention that the identification of social relations affected by the committed crime involves truthful and consistent application, by the law enforcement bodies, of the provision set forth by Article 2411 of the Moldovan Criminal Code.

Words

PMLA ◽  
1935 ◽  
Vol 50 (4) ◽  
pp. 1320-1327
Author(s):  
Colbert Searles
Keyword(s):  
Subject Matter ◽  
Assistant Professor ◽  
The Subject

THE germ of that which follows came into being many years ago in the days of my youth as a university instructor and assistant professor. It was generated by the then quite outspoken attitude of colleagues in the “exact sciences”; the sciences of which the subject-matter can be exactly weighed and measured and the force of its movements mathematically demonstrated. They assured us that the study of languages and literature had little or nothing scientific about it because: “It had no domain of concrete fact in which to work.” Ergo, the scientific spirit was theirs by a stroke of “efficacious grace” as it were. Ours was at best only a kind of “sufficient grace,” pleasant and even necessary to have, but which could, by no means ensure a reception among the elected.

The Taxonomic Structuring of Medical Information and its Usefulness in this Form

1965 ◽  
Vol 04 (03) ◽  
pp. 112-114 ◽  
Author(s):  
H. Zinsser
Keyword(s):  
Subject Matter ◽  
Medical Information ◽  
Central Core ◽  
Diagnostic Strategy ◽  
Programmed Instruction ◽  
Orderly Fashion ◽  
The Subject

An outline has been presented in historical fashion of the steps devised to organize the central core of medical information allowing the subject matter, the patient, to define the nature and the progression of the diseases from which he suffers, with and without therapy; and approaches have been made to organize this information in such fashion as to align the definitions in orderly fashion to teach both diagnostic strategy and the content of the diseases by programmed instruction.

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