Redundant Crimes of Blasphemy in Scotland

2014 ◽  
Vol 16 (2) ◽  
pp. 190-197
Author(s):  
Angelo Falsone
Keyword(s):  
Common Law ◽  
Hate Crimes ◽  
Common View ◽  
Wide Range ◽  
The Common

The problem of sectarianism has attracted increasing attention in recent years, particularly as a feature of hate crimes in Scotland today. The current law on sectarianism is based on the common law crime of breach of the peace and on new statutory offences which cover some categories of behaviour that have been prosecuted as breach of the peace. However, ‘the Crown frequently prosecutes a wide range of behaviours as breach of the peace when there is an (arguably more apposite) statutory offence’. The regulation regarding sectarianism might also require a reappraisal of the common view that blasphemy is no longer an offence in Scottish law.

scholarly journals A CRITICAL REFLECTION ON THE SOUTH AFRICAN LAW OF THE CHILD

Obiter ◽  
2014 ◽  
Vol 35 (2) ◽  
Author(s):  
RB Bernard ◽  
MC Buthelezi
Keyword(s):  
South Africa ◽  
South African ◽  
Common Law ◽  
Best Interests ◽  
Teddy Bear ◽  
Wide Range ◽  
Minor Children ◽  
The Common ◽  
The Law ◽  
A Minor

Children are considered to be vulnerable, and therefore need to be protected against parents, strangers and even themselves. As a consequence, the State’s quest for the protection of children in South Africa is expressed in the implementation of legislation designed to offer greater care and protection. For instance, section 28 of the Constitution of the Republic of South Africa, 1996, offers a wide range of rights which are designed to offer greater protection to children. The rights of children can, in effect, be categorized into two themes. The first relates to the protection of children – as the child is dependent on those around him or her due to a lack of capacity, and is therefore vulnerable. The second theme relates to the autonomy of children. Section 28(2) of the Constitution provides that in any matter concerning a child, the best interests of the child are of paramount importance. However, most South African legislative provisions that deal with minor children seem to miss this principle, and are riddled with inconsistencies. In many statutes, where the principle is recognized, there is either limited appreciation of the significance of the principle and its overall impact on issues concerning children, or there is no coherence with the manner the courts have interpreted and applied the principle. For example, the recent judgment of  the Teddy Bear Clinic case declared sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act unconstitutional. The judgment has been heavily criticized by different segments of society for encouraging teens to engage in wanton sexual intercourse, but illustrates some of the flaws in legislation aimed at protecting the welfare of minor children in South Africa. Furthermore, the common law and other legislation such as the Choice on Termination of Pregnancy Act, the Marriage Act, and provisions of the Children’s Act regulating contraceptives and condoms, all contain such inconsistencies. For instance, the common law and section 24 (together with s 26) of the Marriage Act allow a minor from the age of puberty to enter into a valid marriage; section 129 of the Children’s Act requires that a minor aged twelve be assisted by a guardian to undergo a surgical operation; whereassections of the Choice Act do not require parental consent for terminating a minor’s pregnancy. This note reviews the above and other inconsistences currently prevalent in the law of the child in South Africa. A brief overview of the Teddy Bear Clinic case will be considered. Thereafter, it outlines and examines various gender-based contradictions in the law, and examines the possible rationale for justifying the particular legislative measure concerned. The note concludes by proposing possible solutions to the discrepancies that have been identified.

Conclusion

2018 ◽  
Author(s):  
Kent Greenawalt
Keyword(s):  
Common Law ◽  
Wide Range ◽  
The Common ◽  
The Law ◽  
Difficult Cases

This concluding chapter argues that although what the law requires is often obvious, when it comes down to difficult cases, there are no simple and straightforward ways that judges do decide, and should decide, what is required. Categorizations do not provide obvious answers in these situations. The book as a whole deals with a wide range of legal sources, including wills, contracts, trusts, statutes, administrative regulations, constitutions, and the common law. It recognizes that significant differences in these areas lead to different forms of interpretation, some of which are a bit simpler than others. A common question among many of these topics is how much weight precedents should carry, and how much deference judges should afford to the positions of other officials who have made initial determinations about the law’s application.

scholarly journals The new millenarianism: on the end of the world and of capitalism as we know them

2018 ◽  
Vol 18 (3) ◽  
pp. 539
Author(s):  
Alessandro Pinzani
Keyword(s):  
Political Action ◽  
Way Of Life ◽  
Common View ◽  
Machine Age ◽  
Wide Range ◽  
The World ◽  
The Common ◽  
End Of The World

In recent years the destruction of the environment and the repeated crises of capitalism have been discussed by a wide range of books. More specifically, great attention has been paid to the concepts of Anthropocene and of the second machine age. The link between these two strands consists not only in the common view that we are facing massive changes to our way of life for ecological and for economic reasons, but also in the idea that these two phenomena are interconnected. Accordingly, the destruction of the environment is a consequence of capitalism, and, at the same time, capitalism is nearing its material, natural limits. In this paper I shall briefly evaluate these diagnoses and some of the proposed remedies. Furthermore, I shall point out some philosophically relevant consequences of said debate, particularly concerning the concepts of freedom and political action. ***  O novo milenarismo Sobre o fim do mundo e do capitalismo como os conhecemos ***Nos últimos anos, a destruição do meio ambiente e as repetidas crises do capitalismo foram discutidas por uma ampla gama de livros. Mais especificamente, grande atenção tem sido dada aos conceitos de antropoceno e de segunda era da máquina. A ligação entre essas duas vertentes consiste não apenas na visão comum de que estamos enfrentando mudanças massivas em nosso modo de vida por razões ecológicas e econômicas, mas também na ideia de que esses dois fenômenos estão interconectados. Portanto, a destruição do meio ambiente é uma consequência do capitalismo e, ao mesmo tempo, o capitalismo está se aproximando de seus limites materiais e naturais. Neste artigo, vou avaliar brevemente esses diagnósticos e alguns dos remédios propostos. Além disso, apontarei algumas consequências filosoficamente relevantes do referido debate, particularmente em relação aos conceitos de liberdade e ação política.Palavras-chave: Destruição ambiental; Antropoceno; Capitalismo; Fim do trabalho; Segunda idade da máquina.

Dark Age Nunneries

2018 ◽  
Author(s):  
Steven Vanderputten
Keyword(s):  
Women Religious ◽  
Culturally Diverse ◽  
Western Europe ◽  
Primary Sources ◽  
Common View ◽  
Attitudes And Behaviors ◽  
Wide Range ◽  
History Of ◽  
The Common ◽  
Precipitous Decline

The two-and-a-half centuries between 800 and 1050 are commonly viewed as a 'dark age' in the history of women's monasticism. Dark, in the sense that the realities of life in and around the cloister are difficult to access: the primary evidence is extremely fragmented; the context is ill-understood; and scholars’ findings are scattered across a multitude of case studies. But dark also in the sense that, according to the dominant academic narrative, women's monasticism suffered from the catastrophic disempowerment of its members, the progressive ‘secularization’ of its institutions, and - barring a few exceptions - the precipitous decline of intellectual and spiritual life. Based on a study of forty institutions in Lotharingia – a multi-lingual, politically and culturally diverse region in the heart of Western Europe – this book dismantles the common view of women religious in this period as the disempowered, at times even disinterested, witnesses to their own lives. Drawing on a wide range of primary sources, it highlights their attempts - and those of the men and women sympathetic to their cause - to construct localized narratives of self, nurture beneficial relations with their environment, and remain involved in shaping the attitudes and behaviors of the laity.

The Forms of Action

2019 ◽  
pp. 60-77
Author(s):  
John Baker
Keyword(s):  
Nineteenth Century ◽  
Common Law ◽  
Formulary System ◽  
Wide Range ◽  
The Common ◽  
Administrative Regulation ◽  
English Law

This chapter is concerned with writs, and principally with the ‘original’ writs which commenced an action at common law. Though designed as a means of administrative regulation, a decision to stop inventing new ones made them definitive of the common law. The procedures initiated by each type of writ – the ‘forms of action’ – dominated English law until the nineteenth century. The principal varieties of writ were praecipe (demanding a right) and trespass (complaining of wrong). The latter were at first limited to trespasses with force against the king’s peace, but this requirement was dropped around 1350 and writs of trespass ‘on the case’, tailored to a plaintiff’s facts, enabled the common law to begin its escape from the formulary system and to develop a wide range of new remedies. Some account is also given of judicial writs, which controlled process once a suit had been originated.

Complete Equity and Trusts

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Wide Range ◽  
Specific Performance ◽  
Different Types ◽  
Complete Series ◽  
Explanatory Text ◽  
The Common ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource.This book deals with the emergence of equity and how it differs from the common law. The trust concept is explained and the different types of trust that exist outlined. These include resulting, constructive, and charitable trusts. Trusts must obey certain basic rules such as legal formalities and the three certainties of intention, subject matter, and the need for a beneficiary. There are exceptions to these strict rules, such as proprietary estoppel and certain gifts made upon death, for example secret trusts and donatio mortis causa. The office of trustee is considered, including the methods of appointment; their powers of maintenance, advancement, variation, and investment; and the fiduciary nature of their office. Equitable remedies, such as injunctions, specific performance, and tracing are included. The use of constructive trusts in cohabitation disputes is analysed.

scholarly journals Women, consumption and coverture in England, c. 1760–1860

1996 ◽  
Vol 39 (3) ◽  
pp. 703-722 ◽  
Author(s):  
Margot Finn
Keyword(s):  
Essential Role ◽  
Common Law ◽  
Active Participation ◽  
Married Women ◽  
Domestic Sphere ◽  
Women Consumers ◽  
Wide Range ◽  
Small Claims ◽  
The Common ◽  
Eighteenth And Nineteenth Centuries

ABSTRACTHistorians concerned to demonstrate women's increasing relegation to a private, domestic sphere in the later eighteenth and nineteenth centuries have emphasized the extent to which married women's opportunities were restricted by the common law practice of coverture, which deprived wives of the ability to enter into economic contracts in their own right. Yet social and cultural historians have argued that women played an essential role as purchasers in promoting the consumer revolution of these decades. This article explores the devices used by married women consumers to evade the strictures of coverture. Focusing on three overlapping practices – wives' willingness and ability to pledge their husbands' credit to purchase a wide range of ‘necessary’ goods, their use of this tactic to secure a degree of independence from unsuccessful marriages, and their active participation in the deliberations of a variety of small claims courts – it argues that the purchase of coverture in the sphere of consumption was partial and contested, rather than monolithic.

scholarly journals Six fragments of a theory of translation as understanding

2021 ◽  
Author(s):  
Wolfgang Kubin
Keyword(s):  
Common View ◽  
Wide Range ◽  
The Common ◽  
Two Sides

AbstractAgainst the common view of translation as the translation of a text or an author the article argues there is not such a thing. Any translation has its basis in the (subjective) understanding of the translator who only translates according to one’s own comprehension. So there is no loyal translation in the sense of “word-for-word” (Wortwörtlichkeit). It is also an error to think editions are reliable and dictionaries offer a kind of complete vocabulary. So what a translation can do is to open up a wide range of possibilities. The only norm is the logic of understanding an author and a text. Thus individual understanding and individual translating are the two sides of one coin.

scholarly journals Telecommunications Carriers and the “Duty to Serve”

2012 ◽  
Vol 57 (3) ◽  
pp. 519-551 ◽  
Author(s):  
Michael H. Ryan
Keyword(s):  
High Speed ◽  
Universal Access ◽  
Common Law ◽  
Universal Service ◽  
Remote Areas ◽  
Telephone Companies ◽  
Regulatory Policies ◽  
Wide Range ◽  
The Common ◽  
Telecommunications Services

Telephone companies share with other public utilities a common law duty to provide their services on demand, at a reasonable price, and without unreasonable discrimination. In Canada, this common law duty exists alongside statutory service obligations imposed on telecommunications carriers and regulatory policies promoting universal access to basic telecommunications services. Some argue that in the modern environment, where a wide range of telecommunications services is available on a near-universal basis from a profusion of suppliers, the duty to serve has become an anachronism and that carriers should now be relieved of such obligations. There are others, however, who caution that the elimination of the duty to serve might jeopardize the continuation of service to geographically remote areas and should therefore be retained. Still others advocate expanding the duty to include broadband in order to facilitate wider access to high-speed Internet services. The debates surrounding these issues reveal that there is no consensus about the scope of the duty to serve. This article seeks to clarify the parameters of the common law duty to serve and discusses how that duty interrelates with carriers’ statutory service obligations and regulatory policies promoting universal service.

Articulatory Generalization in Two Word-Medial, Ambisyllabic Contexts

1988 ◽  
Vol 19 (3) ◽  
pp. 251-258 ◽  
Author(s):  
Virginia I. Wolfe ◽  
Suzanne D. Blocker ◽  
Norma J. Prater
Keyword(s):  
Common View ◽  
Perceptual Salience ◽  
The Common ◽  
Unitary Concept ◽  
Over Time

Articulatory generalization of velar cognates /k/, /g/ in two phonologically disordered children was studied over time as a function of sequential word-morpheme position training. Although patterns of contextual acquisition differed, correct responses to the word-medial, inflected context (e.g., "picking," "hugging") occurred earlier and exceeded those to the word-medial, noninflected context (e.g., "bacon," "wagon"). This finding indicates that the common view of the word-medial position as a unitary concept is an oversimplification. Possible explanations for superior generalization to the word-medial, inflected position are discussed in terms of coarticulation, perceptual salience, and the representational integrity of the word.

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