20. Successive ownership

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines more closely the ways in which a trust can be used to divide up the benefits of ownership over time. The importance of successive ownership is first introduced. The existence of a life estate is important to successive ownership. The limited nature and uncertain duration of the life estate affect both the rights of the beneficiary and the commercial value of the estate. Successive interest trusts can be created in the same way as other trusts of land. Those created after the commencement of the Trusts of Land and Appointment of Trustees Act 1996 are regulated by that Act. Successive ownership trust can be expressly created through compliance with s 53(1)(b) of the Law of Property Act 1925 (LPA 1925). Under the 1996 Act, the legal title and powers of management are vested in the trustees of land.

Without the Power to Drink or Contract

Edinburgh Law Review ◽

10.3366/elr.2020.0598 ◽

2020 ◽

Vol 24 (1) ◽

pp. 26-48

Author(s):

Warren Swain

Keyword(s):

Alcohol Consumption ◽

Social Activity ◽

Individual Responsibility ◽

Roman Law ◽

Current Position ◽

Modern Times ◽

The Will ◽

The Subject ◽

The Law ◽

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

The Genesis and Development of the Maqāṣid al-Qur’ān

American Journal of Islam and Society ◽

10.35632/ajis.v30i3.301 ◽

2013 ◽

Vol 30 (3) ◽

pp. 39-58

Author(s):

Tazu Islam

Keyword(s):

Compact Form ◽

Television Programs ◽

The Public ◽

The Status ◽

The Subject ◽

Scholarly Discussion ◽

Over Time ◽

Maqāṣid al-Qur’ān is an emerging science that promotes an understanding of the Qur’anic discourse’s purposive (maqasidic) angle. Beginning with preliminary ideas in the fifth Islamic century, it has now achieved the status, in the eyes of many prominent contemporary Muslims, of being a specific science. Having been the subject of scholarly discussion in articles, books, television programs, seminars and conferences, this subject has created a new academic debate in the very contemporary field of Qur’anic studies. This study explores its genesis and conceptual developments over time by analyzing the root of this science as well as how it has fared at the hands of early and modern scholarship of the Qur’an. Its findings are expected to contribute to presenting this field to the public in a compact form.

THE N.A. GOLOVKINSKY’S FUNDAMENTAL FACIAL LAW — PROBLEMATICS AND NEW HORIZONS

Proceedings of higher educational establishments Geology and Exploration ◽

10.32454/0016-7762-2018-4-17-23 ◽

2018 ◽

pp. 17-23

Author(s):

V. P. ALEKSEEV ◽

E. O. AMON

Keyword(s):

Cognitive Process ◽

Oil And Gas ◽

Lateral Displacement ◽

World View ◽

Scientific Work ◽

Seismic Stratigraphy ◽

The West ◽

New Horizons ◽

The Law ◽

Famous Russian geologist N.A. Golovkinsky published 150 years ago an important scientific work, where the phenomenon of lateral displacement (movement) of homogeneous lithological layers («slide» over time) was asserted. This created the most significant prerequisites for the fundamental facial law: the layers, lying nearby, were formed in the same sequence vertically. The law was formulated a little later by A.A. Inostrantsev, and later «rediscovered» by J. Wal- ter. The ideas, developed by N.A. Golovkinsky, subsequently found the application in the study of geological cyclicity, and currently in the booming seismic stratigraphy. The creative improvement and continuation of theoretical positions contained in the Golovkinsky’s work allowed to advance a method of facially-cyclic analysis, which has been success- fully used in the study of many coal-bearing strata, and is currently used for coal-free deposits of the West Siberian oil and gas basin. Methodically, they develop an understanding of causality and correspond to the principles of synergetic world-view. The main content of these ideas remains relevant in the light of new realities of cognitive process (nonlin-ear science, endovision).

Patriarchy and the Law of Adoption: Beneath the Best Interests of the Child

Alberta Law Review ◽

10.29173/alr1041 ◽

1997 ◽

Vol 35 (4) ◽

pp. 1035 ◽

Cited By ~ 2

Author(s):

Katrysha Bracco

Keyword(s):

Child Development ◽

Attachment Theory ◽

Nuclear Family ◽

Current System ◽

Best Interests ◽

Feminist Analysis ◽

Current State ◽

The Law ◽

Psychoanalytic Theories ◽

This article explores the nature of adoption, its history and how it has evolved into the current system of Canadian adoption law. Originally adoption existed to serve the interests of the adopting family. Over time there was a shift in attitude, such that adoption was intended to serve the best interests of the child The author questions the current state of the law, its practices and whether it really serves those whom it is intended to serve. The article critically examines the nuclear family, which the author asserts is at the heart of Canadian adoption law. Finally, there is a brief presentation of psychoanalytic theories of child development which includes an examination of Freud, attachment theory and feminist analysis. This discussion helps both to explain the current system and to challenge its validity. The author raises important questions about the current state of adoption law and its foundations.

The Foundational Lawlessness of the Law Itself: Racial Criminalization & the Punitive Roots of Punishment in America

Daedalus ◽

10.1162/daed_a_01892 ◽

2022 ◽

Vol 151 (1) ◽

pp. 107-120

Author(s):

Khalil Gibran Muhammad

Keyword(s):

Social Construction ◽

Ethnic Studies ◽

Brute Force ◽

Behavioral Models ◽

Social Scientists ◽

Basic Assumptions ◽

The Social ◽

Legal Structures ◽

The Law ◽

Abstract Empirical researchers and criminal justice practitioners have generally set aside history in exchange for behavioral models and methodologies that focus primarily on crime itself as the most measurable and verifiable driver of American punitiveness. There are innumerable legal and political questions that have arisen out of these approaches. Everything from the social construction of illegality to the politicization of punishment to the stigmatization of physical identities and social statuses have long called into question the legal structures that underpin what counts as crime and how punishment is distributed. And yet, until quite recently, the question of what history has to offer has mostly been left to historians, historically minded social scientists, critical race and ethnic studies scholars, community and prison-based activists, investigative journalists, and rights advocates. What is at stake is precisely the foundational lawlessness of the law itself. At all times, a White outlaw culture that rewarded brute force and strength of arms against racialized others unsettles basic assumptions about how we are to understand criminalization and punitiveness over time: that is, who has counted as a criminal and to what end has the state used violence or punishment?

3.3 Statutory interpretation: consideration of legislation by the courts Quite often, the law created by Parliament, as well as that created by delegated parliamentary authority, is considered by judges in courts. Most commonly, judges will be called upon to decide the precise meaning of a phrase or a word. Given the discussion above concerning the flexibility of language and the problems of interpretation, the difficulties that such consideration can cause are obvious. Issues of tremendous importance can be raised when a problem about the meaning of a statutory provision goes before a court. How do judges interpret statutes? The ability to have the final say in this manner gives judges, an undemocratic body, unprecedented power. Judges have to: • apply legislative rules to various fact situations; • decide the meaning of words and phrases used in the statute (and of course words can mean many things, and can change over time); • deal with judicial disagreement over the meaning of words. A range of purported rules of interpretation has been developed over time for use by judges: • there are three known rules of statutory interpretation, set out in Figure 3.2, below; • there are probably many unknown rules. For example, the ‘gut-feeling rule’! Figure 3.2: the three main rules of statutory interpretation

Legal Method and Reasoning ◽

10.4324/9781843145103-34 ◽

2012 ◽

pp. 47-48

Keyword(s):

Statutory Interpretation ◽

Change Over Time ◽

Precise Meaning ◽

Statutory Provision ◽

Tremendous Importance ◽

The Law ◽

Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change

Discussions in Dispute Resolution ◽

10.1093/oso/9780197513248.003.0061 ◽

2021 ◽

pp. 297-302

Author(s):

Marc Galanter

Keyword(s):

Legal System ◽

The State ◽

Legal Change ◽

System P ◽

The Law ◽

Over Time ◽

Do So ◽

The Way

This article proposes some conjectures about the way in which the basic architecture of the legal system creates and limits the possibilities of using the system as a means of redistributive change. Specifically, the question is under what conditions litigation can be redistributive, taking litigation in the broadest sense of the presentation of claims to be decided by courts. Because of differences in their size, differences in the state of the law, and differences in their resources, some of the actors in society have many occasions to utilize the courts; others do so only rarely. One can divide these actors into those claimants who have only occasional recourse to the courts (one-shotters) and repeat players who are engaged in many similar litigations over time. The article then looks at alternatives to the official litigation system.

26. Lenders’ Rights and Remedies

10.1093/he/9780198868521.003.0026 ◽

2021 ◽

pp. 997-1044

Author(s):

Ben McFarlane ◽

Nicholas Hopkins ◽

Sarah Nield

Keyword(s):

Common Law ◽

Breach Of Duty ◽

The Law ◽

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter concentrates on the rights and powers conferred upon the lender to enforce its security over land. A lender’s rights and remedies arise from the nature of its security, the powers implied by the Law of Property Act 1925, and any express powers. The lender’s right to take possession originated at common law, but is now conferred by s 87(1) of the 1925 Act. The lender’s power of sale and to appoint a receiver are implied by s 101(1)(i) and (iii) of the 1925 Act, respectively and can only be exercised if the borrower has defaulted. The duties that a lender or receiver owes when selling the mortgaged property are explained, as well as the position of a purchaser from a lender or receiver where there has been a breach of duty.

2. Marriage and Civil Partnership

10.1093/he/9780198834243.003.0002 ◽

2021 ◽

pp. 8-96

Author(s):

Polly Morgan

Keyword(s):

Legal Status ◽

Public Perceptions ◽

The State ◽

Civil Partnership ◽

The Social ◽

The Law ◽

This chapter starts by considering how people get married, tracing the institution of marriage through history. It looks at the evolving popularity of marriage to the present day. The chapter then addresses the social and legal significance of marriage. It asks: Why does the state encourage people to marry? The chapter also looks at other ways in which relationships can be formalised under the law. Finally, the chapter turns to civil partnerships and looks at the changes in legal status to such partnerships over time. It also considers public perceptions of civil partnerships. Finally the chapter asks: Is there a future for marriage?

8. Formal Methods of Acquisition: Contracts, Deeds, and Registration

10.1093/he/9780198868521.003.0008 ◽

2021 ◽

pp. 247-293

Author(s):

Ben McFarlane ◽

Nicholas Hopkins ◽

Sarah Nield

Keyword(s):

Formal Methods ◽

Legal Rights ◽

Three Stages ◽

The Creation ◽

The Law ◽

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter describes the formality requirements that must be complied with for the creation or transfer of legal estates and interests in land. The three stages of creating and transferring legal rights are contract, creation or transfer, and registration. The Law of Property (Miscellaneous Provisions) Act 1989 increased the formality requirements for contracts and made more severe the consequences of non-compliance. Under s 2 of the 1989 Act, a contract may take the form of a single document signed by both parties or an exchange of documents, each of which has been signed by one of the parties. The chapter considers the requirements of s 2 and the consequences of non-compliance, including concepts which may assist a party to acquire a right, even if the agreement does not seem to comply with s 2. The operation of proprietary estoppel and of constructive trusts is thus examined. The requirement of registration is considered, along with the problems that arise from the ‘registration gap’ and the possible effects of e-conveyancing.