2. Contracts of Employment (1): Status, Formation, Continuity, and Change

2017 ◽  
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Employment Law ◽  
Employment Contract ◽  
Continuity And Change ◽  
The Third ◽  
Difficult Question ◽  
Gig Economy ◽  
Part Time ◽  
Areas Of Concern ◽  
The Law ◽  
The Way

This chapter discusses the way in which the law has had to keep up with changing models of ‘employment’. Even the old ‘employee/self-employed’ division is now complicated by increasing use in modern statutes of the term ‘worker’. Part-time, fixed-term, and agency workers have featured prominently in modern employment law and consideration is given to these specifically, along with even more topical areas of concern such as zero-hours contracts and the challenges of the ‘gig economy’ more generally. Three more technical areas are then considered. The first concerns the ‘section 1 statement’ of basic terms and conditions that has been an obligation on employers since 1963 but is still not always given. The second concerns the difficult question of the extent to which an employer can seek to impose limitations on an employee even after employment ends. The third concerns the whole question of how the terms of an employment contract can lawfully be changed by one or both of the parties to it.

2. Contracts of employment (1): status, formation, continuity, and change

2019 ◽  
pp. 39-137
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Employment Law ◽  
Employment Contract ◽  
Continuity And Change ◽  
The Third ◽  
Difficult Question ◽  
Gig Economy ◽  
Part Time ◽  
Areas Of Concern ◽  
The Law ◽  
The Way

This chapter discusses the way in which the law has had to keep up with changing models of ‘employment’. Even the old ‘employee/self-employed’ division is now complicated by increasing use in modern statutes of the term ‘worker’. Part-time, fixed-term, and agency workers have featured prominently in modern employment law and consideration is given to these specifically, along with even more topical areas of concern such as zero-hour contracts and the challenges of the ‘gig economy’ more generally. Three more technical areas are then considered. The first concerns the ‘section 1 statement’ of basic terms and conditions that has been an obligation on employers since 1963 but is still not always given. The second concerns the difficult question of the extent to which an employer can seek to impose limitations on an employee even after employment ends. The third concerns the whole question of how the terms of an employment contract can lawfully be changed by one or both of the parties to it.

2. Contracts of employment (1): status, formation, continuity, and change

2019 ◽  
pp. 38-134
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Employment Law ◽  
Employment Contract ◽  
Continuity And Change ◽  
The Third ◽  
Difficult Question ◽  
Gig Economy ◽  
Part Time ◽  
Areas Of Concern ◽  
The Law ◽  
The Way

This chapter discusses the way in which the law has had to keep up with changing models of ‘employment’. Even the old ‘employee/self-employed’ division is now complicated by increasing use in modern statutes of the term ‘worker’. Part-time, fixed-term, and agency workers have featured prominently in modern employment law and consideration is given to these specifically, along with even more topical areas of concern such as zero-hours contracts and the challenges of the ‘gig economy’ more generally. Three more technical areas are then considered. The first concerns the ‘section 1 statement’ of basic terms and conditions that has been an obligation on employers since 1963 but is still not always given. The second concerns the difficult question of the extent to which an employer can seek to impose limitations on an employee even after employment ends. The third concerns the whole question of how the terms of an employment contract can lawfully be changed by one or both of the parties to it.

scholarly journals Reading Galatians 6:16 in line with Paul’s contrast between the new aeon in Christ and the old aeon before the Christ event

2016 ◽  
Vol 2 (2) ◽  
pp. 203-225
Author(s):  
Philip la G Du Toit
Keyword(s):  
The Third ◽  
God's People ◽  
In Christ ◽  
The Law ◽  
The Way

This contribution argues for viewing ‘the Israel of God’ in Galatians 6:16 as pointing to God’s people in the previous aeon before the Christ event. Prevalent interpretations of Galatians 6:16 are critiqued in view of the prevalent connotations to the terms Ἰσραὴλ and Ἰουδαῖος in the post-exilic period, Paul’s understanding of the fulfilment of Israel’s messianic hope, and the way in which Paul redefines identity in Christ and the Spirit. Galatians 6:16 is read with the third καί as a normal copulative (not epexegetically), constituting a contrast of the old aeon before or outside of Christ in the “flesh’” under the law with the new aeon in Christ and the Spirit in Galatians and beyond.

5. Land Registration

2020 ◽  
pp. 115-161
Author(s):  
Emma Lees
Keyword(s):  
Human Error ◽  
Land Law ◽  
Registration System ◽  
Land Registration ◽  
The Third ◽  
Human Creativity ◽  
The Law ◽  
Law Commission ◽  
The Way

This chapter explores how the English land law land registration system works in practice. The land registration system achieves three goals. The first is as a method of controlling the way in which rights are created. The second is in terms of managing the effect of such rights, once they have been created. The third is as a means to regulate the interactions between different proprietary rights which exist in relation to the same piece of land. The chapter considers the first two functions: mode of rights creation and effect of rights creation. It then looks at what happens when these functions go wrong within the system — how do the principles of registered land interact with the inevitable reality of both human error and human creativity? In answering this issue, the chapter considers how the register is rectified and altered. Finally, it examines potential reforms, including those proposed by the Law Commission, and the possibility of the advent of e-conveyancing. The Law Commission has now begun the process of bringing about reform of the Land Registration Act 2002 to allow for the smoother operation of the registration system in cases of error.

The Prestige of the Law

2017 ◽  
Author(s):  
Kevin Birmingham
Keyword(s):  
Case History ◽  
Case Law ◽  
Court Decision ◽  
District Court ◽  
Detailed Consideration ◽  
The Third ◽  
The Law ◽  
The U.S ◽  
The Prestige ◽  
The Way

This article examines Judge John Woolsey’s famous 1933 U.S. District Court decision declaring Ulysses not obscene, a ruling that legalized the novel’s importation into the U.S. and paved the way for Random House’s 1934 edition. “U.S. v. One Book Called ‘Ulysses’” was the third (and most important) in a trio of obscenity cases that Woolsey decided in the early 1930s, and in all three cases he heard arguments from ACLU lawyer Morris Ernst. A deeper understanding of Woolsey’s decision and its importance must restore its larger contexts, and this essay considers the decision’s unusual features—its sparse use of case history, its rhetorical flourishes, its outsize stature—through a detailed consideration of Judge Woolsey himself. Several unexamined documents (in archives and in private hands) help clarify our heretofore hazy picture of Woolsey, and a clearer image suggests that Woolsey’s decision relies not upon the standard authority of case law but upon what we might call prestige. What makes Judge Woolsey’s literary bent both compelling and “dangerous” (in the words of Judge Learned Hand) is that a decision like U.S. v. Ulysses highlights the resemblance between the prestige of literature and the authority of the law.

Dissent and Toleration: Lord Stanhope's Bill of 1789

1978 ◽  
Vol 29 (1) ◽  
pp. 51-73
Author(s):  
G. M. Ditchfield
Keyword(s):  
Eighteenth Century ◽  
French Revolution ◽  
Political History ◽  
Religious Toleration ◽  
Religious Change ◽  
The Third ◽  
House Of Lords ◽  
The Law ◽  
Roman Catholics ◽  
The Way

It is widely accepted among historians that the House of Lords in the eighteenth century was an obstacle to religious change. Its unfriendly mien appears to be confirmed by the fate of several Quaker tithe bills and Dissenting petitions. Despite the passage of limited relief acts for Roman Catholics and Dissenters in 1778 and 1779 respectively, it was unusual for such legislation to be well received, or even to find a sponsor, in that chamber. Yet, in the summer of 1789 the House of Lords and that House alone witnessed what has been a neglected episode in ecclesiastical and political history. This was the attempt by the third earl Stanhope to amend the law concerning religious toleration. Although admittedly far from an exception to the rule in the way in which it was greeted by the peers, it has received scant notice from modern historians of toleration. Stanhope himself, of course, has become known to the historically minded as one of the celebrated eccentrics of the period; the image of ‘Citizen Stanhope’ the defender of the French Revolution and the ‘minority of one’ is unlikely to be effaced. Accordingly such discussion as there has been of the earl's bill has tended to emphasise Stanhope's personal idiosyncrasies and peculiar brand of aristocratic radicalism rather than the detailed provisions of the measure.

Doublespeak

2018 ◽  
Author(s):  
Jeremias Prassl
Keyword(s):  
Sharing Economy ◽  
Collaborative Consumption ◽  
Gig Economy ◽  
Innovation And Technology ◽  
The Law ◽  
The Way

This chapter turns to linguistic matters. It explores how, despite their focus on commercial labour intermediation, platforms were originally cast in a different light, operating under the mantle of a ‘sharing economy’. Superficial as this may seem, language matters—not least as a driver of regulatory approaches. To understand the gig economy, it is crucial that we look behind the language of innovation and technology, of sharing and collaborative consumption, and of ‘gigs’ and ‘tasks’. This chapter first focuses on arguments that the gig economy should not be regulated at all, discerning multiple iterations of this approach, with varying degrees of sophistication. At its crudest, this is the story that the law stands in the way of innovation and should leave ‘disruptive’ businesses well alone. At a more sophisticated level, we then encounter different proposals for new forms of regulation.

Géographie et cartographie fictionnelles dans l’Utopie (1516) de Thomas More

Moreana ◽  
2010 ◽  
Vol 47 (Number 181- (3-4) ◽  
pp. 9-68
Author(s):  
Jean Du Verger
Keyword(s):  
Complex Network ◽  
Narrative Strategies ◽  
Thomas More ◽  
The Third ◽  
Editio Princeps ◽  
Shed Light ◽  
The Way

The philosophical and political aspects of Utopia have often shadowed the geographical and cartographical dimension of More’s work. Thus, I will try to shed light on this aspect of the book in order to lay emphasis on the links fostered between knowledge and space during the Renaissance. I shall try to show how More’s opusculum aureum, which is fraught with cartographical references, reifies what Germain Marc’hadour terms a “fictional archipelago” (“The Catalan World Atlas” (c. 1375) by Abraham Cresques ; Zuane Pizzigano’s portolano chart (1423); Martin Benhaim’s globe (1492); Martin Waldseemüller’s Cosmographiae Introductio (1507); Claudius Ptolemy’s Geographia (1513) ; Benedetto Bordone’s Isolario (1528) ; Diogo Ribeiro’s world map (1529) ; the Grand Insulaire et Pilotage (c.1586) by André Thevet). I will, therefore, uncover the narrative strategies used by Thomas More in a text which lies on a complex network of geographical and cartographical references. Finally, I will examine the way in which the frontispiece of the editio princeps of 1516, as well as the frontispiece of the third edition published by Froben at Basle in 1518, clearly highlight the geographical and cartographical aspect of More’s narrative.

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

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