Burke on Prescription of Government

1973 ◽  
Vol 35 (4) ◽  
pp. 454-474 ◽  
Author(s):  
S. J. Francis Canavan
Keyword(s):  
Long Period ◽  
Law Of Nature ◽  
Adverse Possession ◽  
The Law ◽  
The Way

Professor Paul Lucas has described Edmund Burke's theory of prescription as his “idea about the way in which an adverse possession of property and authority may be legitimated by virtue of use and enjoyment during a long passage of time.” The description is accurate so far as it goes. Burke certainly maintained that if one had held uncontested possession as the owner of a piece of property for a sufficiently long period of time, no earlier title to the property, however valid, could be revived and made to prevail against the occupant's title. Through the passage of time the occupant had acquired a title by prescription, and this in Burke's eyes was “the soundest, the most general, and the most recognized title … a title, which … is rooted in its principle, in the law of nature itself, and is indeed the original ground of all known property.” Burke also said: “Prescription is the most solid of all titles, not only to property, but, which is to secure that property, to Government.”

Voices of Spectators and Audience Power

Pólemos ◽  
2015 ◽  
Vol 9 (2) ◽  
Author(s):  
Christian Biet
Keyword(s):  
Social Relationship ◽  
The Other ◽  
Long Period ◽  
The Social ◽  
The Common ◽  
Dramatic Action ◽  
The Law ◽  
The Voice ◽  
The Way

AbstractTheatre and law are not so different. Generally, researchers work on the art of theatre, the rhetoric of the actors, or the dramaturgy built from law cases or from the questions that the law does not completely resolve. Trials, tragedies, even comedies are close: everybody can see the interpenetration of them on stage and in the courts. We know that, and we know that the dramas are made with/from/of law, we know that the art the actors are developing is not so far from the art of the lawyers, and conversely. In this paper, I would like to have a look at the action of the audience, at the session itself and at the way the spectators are here to evaluate and judge not only the dramatic action, not only the art of the actors, not only the text of the author, but also the other spectators, and themselves too. In particular, I will focus on the “common judgment” of the audience and on its judicial, aesthetic and social relationship. The spectators have been undisciplined, noisy, unruled, during such a long period that theatre still retains some prints of this behaviour, even if nowadays, the social and aesthetic rule is to be silent. But uncertainty, inattention, distraction, contradiction, heterogeneity are the notions which characterise the session, and the judgments of the spectators still depend on them. So, what was and what is the voice of the audience? And with what sort of voice do spectators give their judgments?

4. Adverse Possession

Land Law ◽  
2018 ◽  
Author(s):  
Chris Bevan
Keyword(s):  
Human Rights ◽  
Land Law ◽  
Long Period ◽  
Adverse Possession ◽  
The Law

In order to acquire an interest in land, certain formality requirements have to be satisfied. Legal estates and interests cannot, in the normal course, be acquired informally. This chapter explores one exception to this position: the law of adverse possession. A claim to adverse possession is a claim brought by a trespasser or squatter who has been in possession of another's land for a long period of time. Land law recognizes other rights arising after use over a protracted period — for example, easements by prescription — but adverse possession is quite different, mostly due to its effects. If successful, the trespasser or squatter becomes the legal owner of the land. The chapter discusses the basis for adverse possession; analysing a claim to adverse possession; establishing a claim to adverse possession; terminating or interrupting a period of adverse possession; the effect of adverse possession; adverse possession and leasehold land; criminalizing residential squatting and adverse possession and human rights.

4. Adverse Possession

Land Law ◽  
2020 ◽  
pp. 134-167
Author(s):  
Chris Bevan
Keyword(s):  
Long Period ◽  
Adverse Possession ◽  
The Law

This chapter explores the law of adverse possession which exists as an exception to position that interests in land can only be created when formality requirements are met. A claim to adverse possession is a claim brought by a trespasser or squatter who has been in possession of another’s land for a long period of time. If successful, the trespasser or squatter may become the legal owner of that land. The chapter discusses the justifications for adverse possession; the requirements that must be satisfied to establish a claim to adverse possession and the effect of adverse possession on the original landowner.

scholarly journals Life style and Human Ailments at Kodaikanal Hills

2019 ◽  
Vol 8 (4) ◽  
pp. 9395-9397
Keyword(s):  
Social Science ◽  
Life Style ◽  
Field Work ◽  
Way Of Life ◽  
Pure Science ◽  
Law Of Nature ◽  
The Law ◽  
The Universe ◽  
The Way

Everything in the Universe Exist, act and react as per a System. Each and everyone in the Universe has certain rules and regulations Pure Science, Social science, engineering, Medicine are not exemptions to this. Similarly, there is a system for living and non - living beings. People are healthy and happy as long as they align with the law of nature and the way of life. Deviation from the system means deviation from happiness. The field work reveals that those who deviate the system are suffering from multiple disease

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

Consciousness, law of nature, and nomological determinism

2018 ◽  
Author(s):  
Xiaoyang Yu
Keyword(s):  
Free Will ◽  
Important Thing ◽  
Law Of Nature ◽  
The World ◽  
The Law ◽  
The Brain

Nomological determinism does not mean everything is predictable. It just means everything follows the law of nature. And the most important thing Is that the brain and consciousness follow the law of nature. In other words, there is no free will. Without life, brain and consciousness, the world follows law of nature, that is clear. The life and brain are also part of nature, and they follow the law of nature. This is due to scientific findings. There are not enough scientific findings for consciousness yet. But I think that the consciousness is a nature phenomenon, and it also follows the law of nature.

Kant’s Contradiction in Conception Test

Theoria ◽  
2017 ◽  
Vol 64 (152) ◽  
pp. 1-23
Author(s):  
James Furner
Keyword(s):  
Distinctive Feature ◽  
Law Of Nature ◽  
Logical Contradiction ◽  
Hybrid View ◽  
The Law ◽  
New Interpretation ◽  
Universal Law

AbstractThe contradiction in conception test (CC test) is one of two tests posed by Kant’s Formula of the Law of Nature. This article proposes a new interpretation of this test: a causal-teleological version of the Logical Contradiction Interpretation (LCI). Its distinctive feature is that it identifies causal and teleological implications in the thought of a universal law of nature. A causal-teleological version of LCI has two advantages. While the established view of the Groundwork’s applications of the CC test is a hybrid view that treats the Groundwork’s arguments as different in kind, a causal-teleological version of LCI unifies the Groundwork’s applications of the CC test. Relatedly, a causal-teleological version of LCI provides a solution to the problem of how the CC test can confirm the impermissibility of a self-directed maxim.

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

The Law of Tort

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Liability ◽  
French Law ◽  
The Law ◽  
Broad Approach ◽  
The Way

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.

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