scholarly journals The Bulls Distributing America

1892 ◽  
Vol 4 ◽  
pp. 81-89
Author(s):  
John Gordon

When Columbus anchored in the Tagus River, March 5, 1493, he precipitated on Europe one of the most difficult questions with which the mind of man has ever grappled. It was this: By what title should the New World be held ? The Catholic sovereigns Ferdinand and Isabella determined to hold what their Admiral had discovered. But the Spanish lawyers found great difficulty in proving their title under the Roman law, which alone would be accepted as conclusive by the other powers, because it did not recognize the right of discovery. The Roman law recognized the acquisition of property through the operation of either the jus gentium or the jus civile? Under the jus gentium, which alone was applicable in this case, property could be acquired: ist, by occupation, occupatio; 2d, by natural increase, as land formed by seas or rivers, accessio; 3d, by transfer, traditio. The only doctrine suitable to the purposes of Spain was that of “occupation,” which some eminent Roman lawyers incorporated not in the jus gentium but in the jus natura, as affirming a natural right.

1946 ◽  
Vol 9 (2) ◽  
pp. 159-170
Author(s):  
Kopel Kagan

No satisfactory definition of Dominium in Roman Law has yet been achieved. Amongst English writers Austin many years ago found great difficulty in this question while in modern times Professor Buckland has written ‘it is thus difficult to define Dominium precisely.’ Again, Poste, dealing with Gaius' discussion of dominium, says that his opening statements are ‘deplorably confused.’ These examples are enough to indicate the condition, of uncertainty which prevails. In my submission this uncertainty exists mainly because the conception of ususfructus has never yet been explained adequately. Of Possessio it has been said ‘the definition of Possessio to give the results outlined is a matter of great difficulty. No perfectly correct solution may be possible,’ and this statement is generally accepted as a correct assessment of the present position in juristic literature. But here, too, in my opinion, the reason is again connected with usufruct, for the possessio of the usufructuary has not yet been adequately determined. Gaius (2.93) tells us ‘usufructuarius vero usucapere non potest; primuum quod non possidet, sed habet ius utendi et fruendi.’ Ulpian holds that he had possessio in fact (‘Naturaliter videtur possidere is qui usum fructum habet’ D.41.2.12). On this subject Roby says ‘the fructuary was not strictly a possessor and therefore if he was deprived from enjoying he had not a claim to the original interdict de vi but in virtue of his quasi-possessio a special interdict was granted him.’ Austin saw difficulty in the whole problem of possessio. He wrote ‘by Savigny in his treatise on possessio it is remarked that the possessio of a right of usufruct … resembles the possessio of a thing, by the proprietor, or by an adverse possessor exercising rights of property over the thing. And that a disturbance of the one possession resembles the disturbance of the other. Now this must happen for the reason I have already stated:—namely, that the right of usufruct or user, like that of property, is indefinite in point of user. For what is possession (meaning legal possession not mere physical handling of the subject) but the exercise of a right ?’


The author remarks, that Mr. Ware’s observations with regard to short-sightedness, being in general merely the consequence of habit acquired at an early age, is conformable with his own experience in general, and that he himself is a particular instance of natural long-sightedness gradually converted into confirmed short sight. He very well remembers first learning to read, at the common age of four or five years, and that at that time he could see the usual inscriptions across a wide church; but that at the age of nine or ten years he could no longer distinguish the same letters at the same distance, without the assistance of a watch-glass, which has the effect of one slightly concave. In a few years more the same glass was not sufficiently powerful; but yet his degree of short-sightedness was so inconsiderable, that he yielded to the dissuasion of his friends from using the common concave glasses till he was upwards of thirty years of age, when No. 2 was barely sufficient; and he very shortly had recourse to No. 3. In the course of a few years an increase of the defect rendered it necessary for him to employ glasses still deeper, and his sight soon required No. 5, where it has remained stationary to the present time. From the progress which Sir Charles Blagden has observed in his own short-sightedness, he is of opinion that it would have been accelerated by an earlier use of concave glasses, and might have been retarded, or perhaps prevented altogether, by attention to read and write with his book or paper as far distant as might be from his eyes. In this communication he takes the same opportunity of adding an experiment made many years since on the subject of vision, with a view to decide how far the similarity of the images received by the two eyes contribute to the impression made on the mind, that they arise from only one object. In the house where he then resided, was a marble surface ornamented with fluting, in alternate ridges and concavities. When his eyes were directed to these, at the distance of nine inches, they could be seen with perfect distinctness. When the optic axes were directed to a point at some distance behind, the ridges seen by one eye became confounded with the impression of concavities made upon the other, and occasioned the uneasy sensation usual in squinting. But when the eyes were directed to a point still more distant, the impression of one ridge on the right eye corresponded with that made with an adjacent ridge upon the left eye, so that the fluting then appeared distinct and single as at first, but the object appeared at double its real distance, and apparently magnified in that proportion. Though the different parts of the fluting were of the same form, their colours were not exactly alike, and this occasioned some degree of confusion when attention was paid to this degree of dissimilarity.


1841 ◽  
Vol 131 ◽  
pp. 59-68 ◽  

Mr. F. J., the subject of the present memoir, is the son of a physician; of scrofulous diathesis, but otherwise of robust constitution; of irritable temperament, but of contented and happy disposition; and endowed with an excellent understanding, quick power of conception, and retentive memory. In both the eyes of his father, cataract (with the addition, I suspect, of glaucoma) has manifested itself within the last four years, after a severe attack of influenza. The relatives on the paternal side are predisposed to diseases of the eye, but in the mother, and in the relatives on her side, no such predisposition can be traced. With regard to the cause of the ophthalmic affections which form the subject of this paper, the mother seemed to lay much stress on the following circumstance, which, although it may possibly have had some share in the cause of one of them, can have had no influence, in my opinion, in producing the other. She stated to me that in the eighth month of her pregnancy, which up to this period had proceeded favourably, she received from her youngest child, which she was carrying in her arms, a severe blow on the eye. This accident caused inflammation of the eye, accompanied with a curious visual illusion, viz. that all objects which she saw, but especially those situated on the ground, appeared of a deep concave form; an illusion which lasted for several months. The fright experienced from the accident also brought on convulsions, which, recurring several times, extended even to the fœtus. The recurrence of these convulsions produced in the mind of the mother a continual anxiety and fear for the health of the child, while the pain arising from the ophthalmia, together with the visual illusion just mentioned, gave her fears a direction more especially towards its eyes. Delivery took place at the proper period, when the eyes of the infant, which was otherwise healthy and well-formed, were found to present a twofold defect of organization. The father, to whose statement, on account of his professional knowledge, more weight is to be attached, informed me that both eyes were turned inwards to such an extent that a portion of the cornea was hidden by the inner canthus, and that in both pupils a yellowish-white discoloration was to be observed, which, being situated behind the iris, could not be the pupillary membrane. That the strabismus and cataract of both eyes in this case were congenital, is evident from the testimony both of the parents and of the nurse, whom I have closely questioned on this subject. The latter, who can distinctly remember all the circumstances of the case, told me that when the child was a few months old, she held a light before its eyes, of which it took no notice. I ascertained also from her that the eye-balls had not that restless motion which is generally observed in those who are born blind, but that both eyes were always turned inwards, and that but rarely either the one or the other was moved from the internal canthus. It was also stated to me, that towards the end of the second year the operation of keratonyxis was performed on the right eye, upon which a severe iritis ensued, terminating in atrophy of the eye-ball. Within the next four years two similar operations were performed on the left eye, which did not indeed destroy the organ, but at the same time did not remove the opacity in the pupil. The colour of the opacity became in time, however, of a clearer white; and the patient acquired a certain sensation of light, which he did not seem to have had before the operation. Both eyes for a long time retained a disposition to inflammation, and suffered repeatedly from conjunctivitis, whence the vessels of the conjunctiva were increased in number and size to such an extent, that it was necessary they should be several times excised.


2020 ◽  
pp. 337-345
Author(s):  
Pavlo PYLYPYSHYN

The article attempts to find individualistic ideas in philosophy of Montesquieu and Voltaire, who continued to discourse on legal themes specific particularly to the Enlightenment: the theme of natural condition, social contract, rationalism, morality, human’s place in the world and God in a human. Revealing, first of all, the most topical issues of this time, the thinkers in their philosophy deal with the matters that are utterly individualistic. It is about: the idea of equality, freedom, natural rights (rights to life and ownership), human nature, etc. It is determined that Montesquieu and Voltaire, like other thinkers of the Enlightenment, revealed the essence of individualistic tendencies through rationalism, because human is a rational person who makes decisions, fights his desires supported by reason. The mind, as a source of law, allows man to develop on the basis of science, learnt by him patterns. It is defined that Montesquieu also discoursed on the individualist attributes; in particular, he pays attention to the problem of equality and freedom: 1) as thinker emphasizes, all were equal in natural state but afterwards this equality could be ensured only by the laws, which have to be just; 2) freedom in his philosophy is considered in two aspects: political and personal. For individualist issues important are revealing the personal aspect of freedom, which firstly was in safety of citizen. Providing this freedom is just laws and proper organization of statehood. It is studied that basic individualist principles of Voltaire are: 1) humanity, which lies in declaring the natural right of every person to life and to meet basic needs; 2) freedom manifests in that people become autonomous entities and are no longer formally dependent on one another; freedom lies in depending only on the laws; 3) people are equal and free to each other individuals, and equality is understood by him in just political and legal sense: acquiring equal citizenship status by all people, alike dependence of all citizens on the law and their equal protection by law; 4) ownership — freedom of labor, which is the right of every person «to sell his work to those who pay the highest price for it, as labor is the property of those who have no other ownerships.»


1940 ◽  
Vol 2 (2) ◽  
pp. 197-217
Author(s):  
Yves R. Simon

IN DISCUSSIONS concerning such problems as labor-time, leisure, unemployment and thefuture of industrial society, it can be noticed that a number of persons become entangled in a net of confusions and sophisms by failing to consider the finalities of work in the right order. In short, we observe that men profit by working because work provides them with the commodities they need; they profit by working, on the other hand, because labor activities secure a sound training of the mind together with a salutary discipline of the appetites. Thus, two lines of results can be ascribed to labor activity. We maintain that they cannot have the same significance in terms of finality. Harmful confusions are to be feared unless we keep in mind their subordination to one another. We have seen, in a previous study, that labor-activity belongs to the category of transitive activities in the strict sense of the word. It consists in a production, in a casual flow, in the emanation of a term, in the bringing into existence of an effect. Moreover, it is essentially, at least in the primary form of manual work, the production of a term exterior to the acting individual. However profoundly the worker may be affected, in his person, by the work he exercises, it is quite clear that the termswhich defines laboractivity is not its immanent, but its exterior result.


1956 ◽  
Vol 14 (2) ◽  
pp. 235-247
Author(s):  
R. W. M. Dias

The literature on possessio has now assumed such proportions that it will require a volume at least to do anything like justice to it. The purpose of this article is only to outline an approach to the Roman law of possessio as suggested by Kocourek's analysis of possession in the common law. The present writer believes that a substantial similarity exists between these two great systems in their approach to possession and this has not been due to any borrowing by the one from the other: a fact which, if proved, should be of no little jurisprudential interest. It is, therefore, merely as a prologue to a fuller exposition elsewhere that the following contentions are advanced as to possessio in Roman law.Kocourek, writing of the common law, maintained that “possession” as a juridical concept distinct from physical control on the one hand and the right to have physical control on the other was unnecessary. If a person actually holds a thing, he either has a right to continue holding it or he has no right; if he is not holding a thing, he either has or has not a right to hold it. In all cases what matters is the right to have physical control. As long as the term “possession” is confined to physical control, no harm is done, but what Kocourek objects to is that mysterious tertium quid, called “possession,” from which are distinguished both physical control and the right to it, the former being known variously as “de facto possession,” “custody,” “detention,” and the latter as the “right to possess.”


2020 ◽  
Vol 11 (SPL3) ◽  
pp. 1861-1868
Author(s):  
Bianca Princeton ◽  
Abilasha R ◽  
Preetha S

Oral hygiene is defined as the practice of keeping the mouth clean and healthy, by brushing and flossing to prevent the occurrence of any gum diseases like periodontitis or gingivitis. The main aim of oral health hygiene is to prevent the buildup of plaque, which is defined as a sticky film of bacteria and food formed on the teeth. The coastal guard is an official who is employed to watch the sea near a coast for ships that are in danger or involved with illegal activities. Coastal guards have high possibilities of being affected by mesothelioma or lung cancer due to asbestos exposure. So, a questionnaire consisting of 20 questions was created and circulated among a hundred participants who were coastal guards, through Google forms. The responses were recorded and tabulated in the form of bar graphs. Out of a hundred participants, 52.4% were not aware of the fact that coastal guards have high chances of developing lung cancer and Mesothelioma. 53.7% were aware of the other oral manifestations of lung cancer other than bleeding gums. Majority of the coastal guards feel that they are given enough information about dental hygiene protocols. Hence, to conclude, oral hygiene habits have to be elaborated using various tools in the right manner to ensure better health of teeth and gums.


2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp


2018 ◽  
Author(s):  
Fatima Maria Felisberti

Visual field asymmetries (VFA) in the encoding of groups rather than individual faces has been rarely investigated. Here, eye movements (dwell time (DT) and fixations (Fix)) were recorded during the encoding of three groups of four faces tagged with cheating, cooperative, or neutral behaviours. Faces in each of the three groups were placed in the upper left (UL), upper right (UR), lower left (LL), or lower right (LR) quadrants. Face recognition was equally high in the three groups. In contrast, the proportion of DT and Fix were higher for faces in the left than the right hemifield and in the upper rather than the lower hemifield. The overall time spent looking at the UL was higher than in the other quadrants. The findings are relevant to the understanding of VFA in face processing, especially groups of faces, and might be linked to environmental cues and/or reading habits.


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