3. Personal Rights and Property Rights

Land Law ◽  
2017 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Property Right ◽  
The Other ◽  
Important Distinction ◽  
Personal Rights ◽  
Different Types ◽  
The Law ◽  
The One ◽  
The Relationship

This chapter examines property rights in land and personal rights that may allow a party to make a particular use of land. It first considers the distinction between personal rights and property rights before addressing the content question: whether the type of right claimed by a party counts as a property right. To answer that question, a distinction is made between different types of property right. The most important distinction is between legal property rights, on the one hand, and equitable property rights, on the other. The chapter also discusses licences to use land and contrasts their operation and effect with those of property rights in land. It highlights the nature of licences and the controversy over contractual and estoppel licences and concludes with an analysis of the relationship between the law of leases and of licence.

3. Personal Rights and Property Rights

Land Law ◽  
2020 ◽  
pp. 61-92
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Property Right ◽  
The Other ◽  
Important Distinction ◽  
Personal Rights ◽  
Different Types ◽  
The Law ◽  
The One ◽  
The Relationship

This chapter examines property rights in land and personal rights that may allow a party to make a particular use of land. It first considers the distinction between personal rights and property rights before addressing the content question: whether the type of right claimed by a party counts as a property right. To answer that question, a distinction is made between different types of property right. The most important distinction is between legal property rights, on the one hand, and equitable property rights, on the other. The chapter also discusses licences to use land and contrasts their operation and effect with those of property rights in land. It highlights the nature of licences and the controversy over contractual and estoppel licences and concludes with an analysis of the relationship between the law of leases and of licence.

The Life of Law and the Law of Life

2018 ◽  
Author(s):  
Michael Naas
Keyword(s):  
The Other ◽  
Human Beings ◽  
The Law ◽  
Written Law ◽  
The One ◽  
The Relationship

This chapter analyzes a large swath of Plato’s Statesman (287b–311c) in order to ask, with “Plato’s Pharmacy” in the background, about the Stranger’s claim that law—and especially written law, since writing is the essence of law—is at once inferior to rule without law and yet, in a world without divine rulers, absolutely necessary for human governance. This chapter returns to many of the insights from Chapter 2 on the myth of the two ages, since what that myth demonstrated was the desirability and yet impossibility of an age in which a truly divine being rules over human beings and the concomitant necessity of trying to imitate that age through laws. Once again, we see that what is at issue in the relationship between the two ages, as well as in the relationship between a regime without law and a regime with it, are two different valences or valuations of life—the values of pure life, fecundity, spontaneity, and memory, on the one hand, and the values of death in life, forgetting in memory, and sterility in fecundity, on the other.

scholarly journals Ending the life of the act/omission dispute: causation in withholding and withdrawing life-sustaining measures

Legal Studies ◽  
2011 ◽  
Vol 31 (3) ◽  
pp. 467-491 ◽  
Author(s):  
Andrew McGee
Keyword(s):  
Decision Making ◽  
Assisted Suicide ◽  
The Other ◽  
Common View ◽  
Legal Position ◽  
The Law ◽  
The One ◽  
End Of Life Decision ◽  
The Relationship ◽  
Life Decision

The aim in this paper is to challenge the increasingly common view in the literature that the law on end-of-life decision making is in disarray and is in need of urgent reform. The argument is that this assessment of the law is based on assumptions about the relationship between the identity of the defendant and their conduct, and about the nature of causation, which, on examination, prove to be indefensible. A clarification of the relationship between causation and omissions is provided which proves that the current legal position does not need modification, at least on the grounds that are commonly advanced for the converse view. This paves the way for a clarification, in conclusion, of important conceptual and moral differences between withholding, refusing and withdrawing life-sustaining measures, on the one hand, and assisted suicide and euthanasia, on the other.

ECOLOGICAL STUDY OF THE PEAT BOGS OF EASTERN NORTH AMERICA: III. NOTES ON THE BEHAVIOR OF CHAMAEDAPHNE CALYCULATA

1956 ◽  
Vol 34 (1) ◽  
pp. 197-207 ◽  
Author(s):  
Kornelius Lems
Keyword(s):  
Ecological Study ◽  
The Other ◽  
Soil Conditions ◽  
Peat Bogs ◽  
Eastern North America ◽  
Physiological Basis ◽  
Chamaedaphne Calyculata ◽  
Different Types ◽  
The One ◽  
The Relationship

This paper presents data and observations concerning Chamaedaphne calyculata (L.) Moench. (Ericaceae). The branching pattern, the longevity of different types of leaves, and features of flowering are shown to be correlated. The relationship between this complex of features and the habitat is studied, and a few speculations are advanced to explain the physiological basis for the behavior of Chamaedaphne. This study is essentially autecological, and it is hoped that it may constitute a link between the study of soil conditions and the response of plant hormones on the one hand, and phytosociological work in peat bogs on the other hand.

Third Party Effects in Private Law

2020 ◽  
pp. 107-136
Author(s):  
Ben McFarlane ◽  
Andreas Televantos
Keyword(s):  
Property Rights ◽  
Property Right ◽  
Third Party ◽  
Private Law ◽  
Party Autonomy ◽  
Practical Operation ◽  
Different Types ◽  
The Law ◽  
The Right

This chapter identifies and explores a core task of private law: to determine “third party effects” of transactions. We ask to what extent an A–B transaction may affect C, a party who enters into a subsequent transaction with A, or otherwise interferes with the right claimed by B. We show first that such third party effects are controlled not only by rules relating to legal property rights and equitable interests, but also by parts of the law of agency, of partnerships, and of tort. Secondly, whilst a range of doctrines thus share this function of controlling third party effects, it is important to distinguish between the precise legal form used by each doctrine. Thirdly, we argue that even when considering one particular form, such as that of a legal property right, third party effect is determined by the interaction of different types of rules, with the practical operation of one type of rule modified by the application of a different type. For this reason, attention must be paid to the interaction between the different forms used to govern third party effect. There is a question as to whether the law in this area is unduly complex, but we suggest that, so long as the range of forms tracks the diversity of ordinary transactions, private law usefully enhances party autonomy by offering parties these different means of casting their legal relations.

Reactions to Non-Performance of Treaties in International Law

2012 ◽  
Vol 25 (3) ◽  
pp. 759-770 ◽  
Author(s):  
SERENA FORLATI
Keyword(s):  
International Law ◽  
The Other ◽  
Current Understanding ◽  
International Treaties ◽  
Legal Regime ◽  
Limited Role ◽  
International Responsibility ◽  
The Law ◽  
The One ◽  
The Relationship

AbstractIdentifying the range of lawful reactions to non-performance of treaties is still problematic, as shown by the case concerning the Application of the Interim Accord of 13 September 1995 (FYROM/Greece). After reviewing the current understanding of the relationship between the law of treaties and the law of international responsibility, the author analyses the legal regime pertaining to suspension and termination of treaties on grounds of breach, on the one hand, and, on the other, to countermeasures, arguing that the exceptio inadimpleti contractus may still play an independent, albeit limited, role as a reaction to lawful non-performance of international treaties.

scholarly journals The relationship between speech and gestures in persons with aphasia: Evidence from the Czech perspective

2021 ◽  
Vol 22 (1) ◽  
pp. 1-15
Author(s):  
Martin Janečka
Keyword(s):  
Data Processing ◽  
Speech Production ◽  
Point Of View ◽  
The Other ◽  
Different Types ◽  
Healthy Control ◽  
The One ◽  
Verbal Production ◽  
The Relationship ◽  
Data Processing Methods

Abstract In my research, I replicate two fundamental hypotheses established by Jakob et al. (2011): 1) Persons with aphasia (PWA) produce more gestures than healthy control persons (HCP) during interpretation of texts; 2) The more speech-restricted a person with aphasia is, the more gestures he/she produces during the interpretation of a text. I work with 6 persons with diagnosed aphasia and 10 healthy control persons (or persons with no evident speech deficiency). From a methodological point of view, I point out the necessity to include a description of non-verbal elements in language description and, at the same time, to describe the data of the damage in persons with aphasia. I also introduce some possible perspectives for exploring the categories and the extent of speech damage in persons with aphasia and various ways in which they compensate for verbal deficiency with the aid of gestures. From the viewpoint of data processing methods, on the one hand, I explore the speech parameters: among others, quantity of words, and, on the other hand, the gesture parameters: quantity of gestures, diversity of gestures, etc. I find that Czech aphasic persons do use gestures to support their restricted verbal production and to substitute for verbal production where they do not have access to any given lexical items. My data also correlate with the general assumptions on speech production when considering different types of aphasia.

Part I Legal and Practical Challenges to Traditional Trade Finance, 2 The Letter of Credit as a Contract

2021 ◽  
Author(s):  
Booysen Sandra
Keyword(s):  
Common Law ◽  
The Other ◽  
Trade Finance ◽  
Letter Of Credit ◽  
Contractual Obligation ◽  
Contract Formation ◽  
Recent Developments ◽  
The Law ◽  
The One ◽  
The Relationship

This chapter considers the relationships created by the issue of a letter of credit. In particular, it focuses on the relationship between the issuer and/or confirmer of the credit on the one hand, and the seller of the goods on the other. Although the letter of credit is typically referred to as creating a contractual obligation between these parties, and that characterisation is rarely disputed, a closer analysis from a common law perspective reveals that some elements for contract formation appear to be absent. The chapter re-examines this debate in the light of recent developments in the law. It concludes that the relationship is indeed contractual, albeit that some of the contractual prerequisites may be satisfied in an unorthodox way.

Linguistic Evidentials and the Law of Hearsay

2021 ◽  
pp. 157-168
Author(s):  
Lawrence M. Solan
Keyword(s):  
Natural Language ◽  
Speech Acts ◽  
Speech Act ◽  
Speech Act Theory ◽  
The Other ◽  
Legal Evidence ◽  
The Law ◽  
John Langshaw Austin ◽  
The One ◽  
The Relationship

This chapter explores the relationship between how natural language expresses degrees of certainty in the truth of an assertion on the one hand, and how the law handles this issue on the other. This discussion focuses, in particular, on the hearsay doctrine and on the linguistic elements identified as “evidentials:” expressions that include information about how speakers came to know the assertions they make. The hearsay rule bars certain kinds of speech acts from serving as legal evidence, in particular, assertions that report what another person earlier said, and which are offered to express the truth about the events at issue in a case. The author links the law governing hearsay in terms of speech act theory, a connection also drawn by the philosopher John Langshaw Austin, who observed that statements offered to prove the fact of the speech act rather than the truth of the matter asserted are admissible.

Order and the Problem of Law

2017 ◽  
Author(s):  
Adam I. P. Smith
Keyword(s):  
The Other ◽  
Northern Cities ◽  
Fugitive Slave ◽  
Break Up ◽  
The Law ◽  
The One ◽  
The Impact ◽  
The Relationship ◽  
Moral Demands

This chapter describes the impact of the 1850 Fugitive Slave Act. It argues that the legal and moral demands being made by the Slave Power severed the relationship between law, on the one hand, and order on the other. Before 1850 it was antiabolitionists who were prone to use violence in Northern cities to break up antislavery meetings; afterwards the militancy was on the side of those, as in the notorious Anthony Burns case in Boston, who opposed slave catchers, even though the latter had the law on their side. Even Northerners who disdained antislavery agitation were driven to see slavery as an active threat to order and stability.

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