1. Introduction

2017 ◽  
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Case Law ◽  
Employment Law ◽  
Legal Subject ◽  
Statutory Law ◽  
Recent Developments ◽  
History Of ◽  
The Subject ◽  
The Law

This book focuses on employment law, which has been the subject of as rapid a transformation as can have happened to any legal subject in recent times, and is certainly one of the most difficult areas of law in which to keep up to date. In some ways employment law is a curious mixture of ancient and modern, for much old law lies behind or at the basis of new statutory law and in some cases the old law continues to exist alongside the new. The subject is, however, unrecognizable from what it was only 40 years ago, with the enormous increase in statute law and the ever-increasing volume of case law on the modern statutes. Thus, the intending student must be able to exercise the lawyer’s skill in dealing with both extensive case law and major statutes, sometimes of astounding complexity. As well as setting out the history of this area of law, this chapter covers important background features of procedure and the enforcement of the law through tribunals, including recent developments such as ACAS early conciliation, tribunal fees, and possible future reforms in the direction of one overall Labour Court.

1. Introduction

2019 ◽  
pp. 1-37
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Case Law ◽  
Employment Law ◽  
Legal Subject ◽  
Statutory Law ◽  
Recent Developments ◽  
History Of ◽  
The Subject ◽  
The Law

This book focuses on employment law, which has been the subject of as rapid a transformation as can have happened to any legal subject in recent times, and is certainly one of the most difficult areas of law in which to keep up to date. In some ways employment law is a curious mixture of ancient and modern, for much old law lies behind or at the basis of new statutory law and in some cases the old law continues to exist alongside the new. The subject is, however, unrecognizable from what it was only 40 years ago, with the enormous increase in statute law and the ever-increasing volume of case law on the modern statutes. Thus, the intending student must be able to exercise the lawyer’s skill in dealing with both extensive case law and major statutes, sometimes of astounding complexity. As well as setting out the history of this area of law, this chapter covers important background features of procedure and the enforcement of the law through tribunals, including recent developments such as ACAS early conciliation, the fiasco over tribunal fees, and possible future reforms to the system of adjudication.

1. Introduction

2019 ◽  
pp. 1-38
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Case Law ◽  
Employment Law ◽  
Legal Subject ◽  
Statutory Law ◽  
History Of ◽  
The Subject ◽  
The Law

This book focuses on employment law, which has been the subject of as rapid a transformation as can have happened to any legal subject in recent times, and is certainly one of the most difficult areas of law in which to keep up to date. In some ways employment law is a curious mixture of ancient and modern, for much old law lies behind or at the basis of new statutory law and in some cases the old law continues to exist alongside the new. The subject is, however, unrecognizable from what it was only 40 years ago, with the enormous increase in statute law and the ever-increasing volume of case law on the modern statutes. Thus, the intending student must be able to exercise the lawyer’s skill in dealing with both extensive case law and major statutes, sometimes of astounding complexity. As well as setting out the history of this area of law, this chapter covers important background features of procedure and the enforcement of the law through tribunals, including significant developments such as ACAS early conciliation, the fiasco over tribunal fees, and possible future reforms to the system of adjudication.

Some Problems in the History of the Law of Nations in Asia (1963)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Relations ◽  
International Law ◽  
Case Law ◽  
Legal Aspects ◽  
State Sovereignty ◽  
Law Of Nations ◽  
The Family ◽  
History Of ◽  
The Subject ◽  
The Law

This chapter considers problems in the study of the history of the law of nations in Asia. It argues that international lawyers have focused their attention on the legal aspects of contemporary problems of international relations and politics, and on the operation of tribunals and quasi-tribunals and the case law they produce. Writers of present day treatises of international law devote just a few introductory pages to the history of the subject and these short chapters are often based on similar introductions in nineteenth-century treatises. The chapter discusses some of the elements of legal change in which European–Asian relations played a significant role; the gradual elimination of the natural law outlook by growing European positivism; the principle of universality of the law of nations and the principle of identity of de facto and de jure State sovereignty; and the use of capitulations to delay the ‘entry’ of Asian States into the family of nations.

The Oxford Handbook of the Use of Force in International Law

2016 ◽  
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Security Challenges ◽  
Democratic Action ◽  
The Status ◽  
Recent Developments ◽  
History Of ◽  
The Subject ◽  
The Law ◽  
The Right

This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over 50 experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force and assesses what changes, if any, have occurred as a result of recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. Part I reviews the history of the subject and its recent challenges, and addresses the major conceptual approaches. Part II covers collective security, in particular the law and practice of the UN organs, and of regional organizations and arrangements. Part III considers the substance of the prohibition of the use of force and the right to self-defence and associated doctrines. Part IV is devoted to armed action undertaken on behalf of peoples and populations, including self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is addressed in Part V, followed by Part VI which considers new security challenges and the emerging law in relation to them. Part VII ties the key arguments developed in the book into a substantive conclusion. The Handbook is essential reading for scholars and students of international law and the use of force, and legal advisers to both governments and NGOs.

scholarly journals Introduction: Some ponderings on the use of the law in the writing of histories

2001 ◽  
Vol 16 (2) ◽  
pp. 169-175
Author(s):  
NIMROD HURVITZ ◽  
EDWARD FRAM
Keyword(s):  
Legal Doctrine ◽  
Legal Cases ◽  
Legal Documents ◽  
Historical Significance ◽  
Partial Reconstruction ◽  
The Social ◽  
The Hours ◽  
History Of ◽  
The Subject ◽  
The Law

Professional jurists are often inquisitive about the subject matter of their calling and in the course of their careers may well develop fascinating insights into the law and those who interpret it. Their employers, however, be they governments, corporations, firms, or private clients, rarely show similar enthusiasm for such insights unless the hours spent pondering the social or historical significance of this or that legal view have a contemporary value that justifies the lawyer's fee.Thankfully, other members of society are rewarded for mining the legal records of the past. For legal historians, the search often focuses on the changing legal ideas and how legal doctrine develops over time to meet the changing needs of societies. Yet because the law generally deals with concrete matters – again, because jurists are paid by people who are unlikely to remunerate those who simply while away their hours making up legal cases – it offers a reservoir of information that can be used, albeit with caution, in fields other than just the history of the law.A partial reconstruction of the law of any given time and place is among the more obvious historical uses of legal documents but statutes, practical decisions, and even theoretical texts can be used to advance other forms of the historical endeavour. Legal works often reflect the values both of jurists and society-at-large, for while the law creates social values it is not immune to changes in these very values.

Das Wissen im Subjekt. Zur Bedeutung des inneren Forums im Wandel strafrechtlicher Sozialkontrolle

2021 ◽  
Vol 7 (1) ◽  
pp. 80-101
Author(s):  
Benno Zabel
Keyword(s):  
Social Practices ◽  
Legal Subject ◽  
History Of ◽  
The Subject ◽  
Normative Order

Subjects are not simply found. They are constructed by institutions, social practices and societies. The subject is the result of subjectification. This analysis of transformation aims to show, on the basis of penal practices, that an appropriate understanding of the legal subject cannot begin with a history of progress or decay, however conceived, but has to focus on the dialectic of subjugation and liberation. It then becomes visible that every normative order has to be understood as coping with contingencies, crises and struggles that repeatedly drive law into reflexivity. This reflexivity shows the precariousness of all law and yet makes it clear that free societies cannot do without it.

scholarly journals Roman Tribune Cola di Rienzo (1347), Res Gestae Divi Augusti and Lex de Imperio Vespasiani

2018 ◽  
Vol 20 (1) ◽  
pp. 47-104
Author(s):  
Milan Lovenjak
Keyword(s):  
Asia Minor ◽  
Classical Literature ◽  
Roman Emperor ◽  
Documentary Sources ◽  
History Of ◽  
The Subject ◽  
Ancient Documents ◽  
The Law ◽  
Dramatic Adaptations ◽  
Considerable Detail

The anonymous and fragmentarily preserved Romance-dialect Chronicle describing the history of Rome in 1325–1360, the extensive correspondence between Cola di Rienzo (1313–1354) and rulers, nobles, Church dignitaries, and intellectuals (especially Petrarch) in Italy and abroad, as well as various documentary sources allow us to trace Rienzo’s career in considerable detail. A papal notary, a scholar in Classical literature, an exceptional orator and a copyist and translator of Ancient Roman inscriptions, Rienzo, aided by a group of followers, overthrew the baron rule in Rome in May 1347, assumed the title of ‘Roman Tribune’ and seized power with the aim of reuniting Italy under a common emperor, a concept modelled on the first Roman emperor, Augustus. After undertaking a number of more or less successful measures, public manifestations and diplomatic activities, he was forced to retreat by a clash with the barons’ army even before the end of the year. After years of exile, he returned triumphant in the middle of 1354 to seize power, but the first few weeks of tyranny and arbitrary measures led to his tragic demise at the hands of an infuriated mob. Later he grew into the subject of myth, portrayed in numerous literary, musical, and dramatic adaptations. The present paper examines two ancient documents crucial to the formation of the principate (the renewal of which was Cola’s objective), i.e. Augustus’ account of his own deeds (Res gestae divi Augusti), which is mentioned by Suetonius and known from three epigraphically attested copies from Asia Minor, and a bronze plaque bearing a law on the conferment of powers on Emperor Vespasian, the so-called Lex de imperio Vespasiani. The plaque was used as propaganda by Cola during his preparations for the coup. The inconsistencies between the parts of the law preserved on the plaque (it must have been preceded by at least one other plaque) and the account of Cola’s interpretation as given in the anonymous Chronicle raise a number of questions, which resist definitive answers.

Recent Developments in the Historiography of Silesian Jews

2001 ◽  
pp. 339-351
Author(s):  
Wodziński Marcin
Keyword(s):  
Jewish Community ◽  
Abandoned Field ◽  
Judaic Studies ◽  
Recent Developments ◽  
History Of ◽  
The Subject ◽  
Double Threshold

This chapter reviews some recent studies on the Jews of Silesia. The history of the Jews in Silesia became an abandoned field for nearly two decades. Isolated, if sometimes very interesting, studies appeared (including works by Stefi Jersch-Wenzel and Karol Jonca), but they did not maintain the continuity of research, and it could certainly not be said that there was any systematic interest in the subject. But with the renaissance of Judaic studies in Germany and Poland in the second half of the 1980s came a revival of interest in Silesian Jewry. Two conferences on the history of the Jewish community in Silesia, organized almost simultaneously, can be regarded as a symbolic double threshold: the first took place at the Institute of History at Wrocław University in June 1988, the second, a year later in Berlin.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 16 Morocco: Moroccan Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Zaher Khalid
Keyword(s):  
Public Policy ◽  
International Law ◽  
Case Law ◽  
Vital Role ◽  
Private International Law ◽  
Statutory Law ◽  
The Hague ◽  
The Law

This chapter examines Moroccan perspectives on the Hague Principles. In Morocco, the sources of private international law applicable to international commercial contracts are both of a national and an international nature. International sources include mainly treaties and, to a lesser extent, international customs to which the Moroccan courts may refer in particular cases. National sources are statutory law, case law, and scholarly writings. Case law has always played a vital role in the development and the interpretation of the rules applicable to international commercial contracts. It is indeed the role of the courts to determine the scope of law chosen by the parties and to delimit the boundaries of international public policy as a limit to the application of the law chosen by the parties. Moroccan courts consider international customs as important sources in respect of international contracts and arbitration. Having frequently used the universally accepted principles of private international law, Moroccan courts could easily draw on the Hague Principles to find solutions to certain questions that have not been addressed by the legislature.

National Report for Tanzania

2013 ◽  
Author(s):  
Benhajj Shaaban Masoud
Keyword(s):  
Case Law ◽  
Theory And Practice ◽  
General Law ◽  
National Report ◽  
General Rules ◽  
Statutory Law ◽  
The Law

The law relating to the treatment of contracts in insolvency in Tanzania—as is true for the general law on insolvency in Tanzania—is neither well developed in theory and practice nor quite explicit in a number of aspects. The lack of extensive application of the law is due to lack of material circumstances in which the law could apply and systematically evolve and develop. Recently, the law has tended to develop through other laws that address specific matters that have implications for insolvency. The statutory law as it exists to date has some general rules that govern the treatment of contracts in insolvency, although the case law is almost non-existent.

Sign in / Sign up

Export Citation Format

Share Document