The Recognition of Foreign Divorces in Ireland: The Return of Travers v. Holley

2001 ◽  
Vol 50 (1) ◽  
pp. 144-157 ◽  
Author(s):  
Jonathan Hill

Over the course of the last hundred and fifty years or so the general trend in the laws of Western European countries has been, first, to make provision for judicial divorce and, second, to make it easier for parties to a marriage which has broken down to obtain such a divorce. This coupled with increased mobility has added to the significance of the law relating to the recognition of foreign divorces. The law's essential task is to strike the right balance between, on the one hand, being too restrictive, thereby creating “limping” marriages (i.e., marriages which are valid in one or more countries, but not others) and, on the other, being too generous, thereby sanctioning “quickie” divorces or divorces of convenience.1

Author(s):  
Edward S. Mitchell ◽  
Diana Ursulin Mopsus

Based on interviews conducted within a community of St. Lucian Creole (Kwéyòl) speakers on the island of St. Croix, U.S. Virgin Islands, the authors investigated the use of and attitudes towards Kwéyòl, English, Spanish, and Crucian Creole, the four most widely-spoken languages on St. Croix. The article examines the roles of two social variables, namely gender and education, in questions of language choice and attitudes in this bilingual creolophone community. Some of the more remarkable revelations of this study were found in the many apparently conflicting responses. On the one hand, we observed a general trend towards the loss of Kwéyòl, yet on the other, pride in the language is exceedingly high. We observed a strong tendency pointing towards a taboo against speaking Kwéyòl in public on St. Croix, while at the same time, a significant number proclaimed the right to speak Kwéyòl in public.


2011 ◽  
Vol 58 (2) ◽  
pp. 162-175 ◽  
Author(s):  
Pierre Bréchon ◽  
Roland J. Campiche

The principal explanations of contemporary religious change face two main difficulties. On the one hand, they often fail to express the complexity of the ongoing evolution, because they are too focused on institutional religion, e.g. secularization. On the other hand, some of them favour fashionable themes (the growth of individualism, the privatization of religion) and skirt the societal impact of religion. The idea of dualism allows a combined approach to the process of religious de-institutionalization and the new patterns of its regulation. The authors discuss this theory on the basis of data relating to Switzerland, France and other Western European countries (EVS, ISSP). In spite of the difficulty of finding relevant indicators that allow proper comparison, the results are promising. They invite further critical analysis of current definitions. The theory of dualism allows us to reopen the debate on religious change.


2018 ◽  
Vol 28 (6) ◽  
pp. 1953-1957
Author(s):  
Aleksandra Patoska

Every agreement of the wills among two or more persons who make mutual law relation or changes or calls of the existing law relation is named as a contrast in the theory of law. According its characteristics, the law relations may be different - obligatorious, familliarious, hereditorious, administrativ, merchanditorious etc., because of what the contracts as instruments of law regulations of that relationships are published in different law branches, like: familly law, heretige law, administrative law, merchandise law etc. Regarding its theoretical structure and frequent use and meaning in the law practice, the obligatory contracts are separated - those which may make obligatory relationships.The obligatory relationships are law connection among two or more parties from which one of them has the right to ask for, and the other is obligated to give the asked or to do, or not to do, or to bear it. The essence of the obligatory relation is in the right of the creditor to ak from the debtor to fulfille his obligation, which means - basicly - they are in creditor - debtor's relationships. Therefore, the obligatory contracts are double law acts according to which, in the agreement of the wills between two parties, the one part obeys to give something, to do or not to do something, or to bear something in the benefit of the other part, the part which takes that obligation as its right.The agreement of the wills of the contractual parties is one of the four common conditions of the genezes of a contract. It is realized by equality of the different whishes and different aims which the parties like to reach by making an agreement. There are the questions which I am trying to answer in my written text: about law relevant will, the atributes which the will should possesse, the ways of giving the will and, at the end, coordinating the wills of the two parts which goes to make the contact. The coordinating of the wills should be done on a legalized or usual way, frequently or usually by giving an offer from the first part and reaching the offer from the other one. That is the most usual mode of implementation the reunification of the wills between the contractual parts.


2005 ◽  
pp. 220-224
Author(s):  
Vitaliy I. Docush ◽  
Ya. Poznyak

If we analyze our legislation in detail, we can see that there are so-called “legal scissors”. On the one hand, the law guarantees freedom by equalizing the rights of all citizens of the state (Article 24 of the Constitution), and on the other - leaves believers outside the legal field (Article 35 of the Constitution and Article 6 of the Law of Ukraine "On Freedom of Conscience and Religious organizations ") declaring separation from the church. It should be noted that even the Law on Education does not guarantee the right to receive alternative (not secular) education for children of believers, regardless of their affiliation with a religious organization, in educational institutions. It should also be noted that even in the years of Ukraine's independence, the issue of granting theological education a proper status that would equate it to secular rights has not yet been resolved. Again, the principle is the separation of the school and the church. Here are some questions.


2016 ◽  
Vol 61 (4) ◽  
Author(s):  
Carlo Casini

Il contributo è dato dall’esame e dal commento della Relazione del Ministro della Salute sull’attuazione della Legge 40 del 19 febbraio 2004 “Norme in materia di procreazione medicalmente assistita”, presentata, al Parlamento ai sensi dell’art. 15, comma 2 della legge stessa. Il Movimento per la Vita Italiano (MpVI) per valutare i dati di volta in volta riportati nei documenti ministeriali ha finora presentato quattro Rapporti al Parlamento: il primo nel 2007, il secondo nell'aprile 2009, il terzo a luglio 2011 e il quarto – oggetto del presente articolo – nell’agosto 2012. L’attenzione della Relazione ministeriale è rivolta soprattutto alla realizzazione del desiderio degli adulti di avere un figlio, in base allo scopo dichiarato dalla legge di “favorire la soluzione dei problemi riproduttivi derivanti dalla sterilità o dalla infertilità umana”. Perciò la descrizione del percorso seguito dalle varie tecniche e gli incroci tra i vari dati a disposizione fanno riferimento prevalente alla coppia adulta. Tuttavia, si sottolinea nella Rapporto del “MpVI” non si deve sottovalutare l’art. 1 della legge indica l’altro fondamentale obiettivo della legge e cioè quello di: “assicurare i diritti di tutti i soggetti coinvolti compreso il concepito”. I soggetti di cui è doveroso tener conto non sono solo gli adulti desiderosi di avere un figlio, ma anche i figli fin dal primo momento della loro esistenza (proprio l’evento che le nuove tecniche intendono determinare), cioè fin dal momento del concepimento. L’articolato, documentato e ricco Rapporto del MpVI richiama sinteticamente l’impianto della normativa – seriamente alterato dalla sentenza costituzionale 151/2009 – e gli interventi giudiziari che lo riguardano; rimarca con forza la grande differenza – in ordine alla protezione del diritto alla vita – tra la morte dell’embrione dopo il trasferimento nelle vie genitali della donna e la sua soppressione deliberata, diretta, concordata, che avviene quando l’embrione, non trasferito nelle vie genitali della donna viene selezionato, reso oggetto di sperimentazione, distrutto, congelato; contesta la teoria del c.d. “diritto affievolito” con riferimento al diritto alla vita del concepito; si sofferma sulla necessità di rimuovere le cause impeditive della procreazione alternative alla procreazione artificiale (a questo proposito viene segnalata la significativa esperienza dell’Istituto Scientifico Internazionale Paolo VI di ricerca sulla fertilità e infertilità umana operante presso il Policlinico “A. Gemelli” di Roma dal 2003). Infine, il rapporto si conclude con alcune domande e proposte di lavoro rivolte al Ministro della Salute. Non vi è dubbio, comunque, che quella dello statuto giuridico dell’embrione umano non deve essere emarginata nella relazione annuale del Ministro: “se nell’attuazione della L. 40/04 vogliamo raggiungere un adeguato bilanciamento tra l’obiettivo di superare la sterilità e l’infertilità da un lato e il rispetto della vita dall’altro, occorre assolutamente valorizzare il principio dell’art. 1 che qualifica soggetto titolare di diritti il concepito, al pari degli altri soggetti coinvolti nella vicenda procreativa”. ---------- This article is the review and comment of the Report of the Italian Minister of Health on the implementation of Law 40, February 19, 2004 on medically assisted procreation, submitted to the Parliament under article 15 paragraph 2. The Italian Pro-Life Movement (MpVI) to evaluate the data from time to time within ministerial documents has up to now submitted four reports to Parliament: the first in 2007, the second in 2009, the third in July 2011 and the fourth – subject of this article – in August 2012. The Ministerial Report focuses mainly on the realization of the desire of adults to have a child, according to the stated purpose of the law of “helping to resolve problems arising from human sterility or infertility”. Therefore the description of the path followed by various techniques and the connections between the various available data refer mainly to the adult couple. However, it is observed in the Report of the (MpVI), we shouldn’t neglect the article 1 of the Law indicating another key objective of the same Law which is: “to ensure the rights of all subjects involved including the human embryo”. So, the subjects we must take into account are not only the adults longing to have a child, but also the children from the first moment of their existence (just the event that the new techniques intend to be determined), that is, from the moment of conception. The articulated, documented and rich Report MpVI recalls briefly the system of Law – seriously altered by constitutional judgment 151/2009 – and the judicial interventions concerning it; it strongly emphasizes the great difference – as for the protection of the right to life of human embryo – between the death of the embryo after transfer into the genital tracts of women and his deliberate killing, direct, agreed that occurs when the embryo is not transferred to the genital tract of women is selected, but he is destroyed, made the object of experimentation, frozen, selected; it desputes the theory of the so-called “Weakened Law” dealing with the right to life of the unborn child; it focuses on the need to remove the causes hindering human procreation alternative to artificial procreation (in this regard is reported significant experience of the International Scientific Institute Paul VI on research on fertility and infertility human, working at the Policlinico Gemelli in Rome since 2003). Finally, the Report of MpVI concludes with some questions and work proposals addressed to the Minister of Health. There is no doubt, however, that the legal status of the human embryo should not be neglected in the annual Report of the Minister: “if about the implementation of the L. 40/2004 we want to achieve an appropriate balance between the objective of overcoming infertility and infertility on the one hand and respect for life on the other, it is essential to enhance the principle of article 1 that qualifies human embryo subject holder of human rights, like the other subjects involved in the medically assisted procreation”.


Legal Theory ◽  
2014 ◽  
Vol 20 (1) ◽  
pp. 25-51 ◽  
Author(s):  
Colin Grey

This paper argues that neither a general right to exclude migrants nor a general right to migrate freely exists. The extent of the right to exclude or the right to migrate freely must instead, in the majority of cases, be determined indirectly by examining whether a given immigration law or policy would result in the violation of migrants’ basic rights. Therefore states’ right to exclude migrants is constrained by what the author calls the indirect principle of freedom of migration. Under this principle, if an immigration law or policy cannot be imposed without violating a migrant's basic rights, then the law or policy cannot be legitimately implemented. The argument for this principle is undertaken both conceptually and substantively. It is then defended against the objections that on the one hand, it may not have enough critical force, and on the other, it may be overly restrictive of states’ power to exclude migrants.


1979 ◽  
Vol 21 (2) ◽  
pp. 168-194 ◽  
Author(s):  
Dorothy J. Solinger

There is an uncanny similarity between regulations on merchant activity in various medieval Western European countries, on the one hand, and, on the other, those in the People's Republic of China (PRC) just after its institution (see Appendix). My discovery of this resemblance informed the research on which this paper is based and directed my attention to some crucial relationships in the interaction between commerce and state at a certain level of economic development. The presence of similar regulations in these societies had to point to (1) like activities going on in them all, along with (2) governmental disapproval of these activities. Thus, a preliminary look at materials on Europe led to new insights into the Chinese situation.


2009 ◽  
pp. 181-192
Author(s):  
Alfonso Catania

- Enrico Pattaro's volume The Law and the Right features an appreciable finesse of argumentation and an analysis of unusual historical density. The attention paid to psychology absolutely significant when studying an area like that of law, which comprises relationships of expectation and of claim is deserving of recognition as an indispensable, urgent complexification of the conceptual framework of legal positivism and realism, whose reasoning has for some time been manifesting a degree of aridity and, I dare say, poverty. The author identifies the fact that Hart is treated as having espoused the psychologically-inclined realist school as a consequence of the realistic attention to describing normative attitudes as somewhat forced reasoning. These normative attitudes that Hart analyses by drawing a distinction between the internal and the external point of view can hardly be reduced to mere internal experiences that are pregnant exclusively in empirical psychological terms. While the epistemological option in favour of a radical, materialist, psychologist monism expounded in Pattaro's book on the one hand stimulates a valuable investigation into the mental and social dynamic immanent to reality (which must be), no less than the plane of reality that is, on the other hand it runs the risk of casting a shadow on the dimension of designing and transforming reality practised by those who generate norms (marginal in volume compared to the prevalence of believers who make them what they are by the very act of believing in them), thus blacking out the dialectic tension between law and facticity, obedience and effectiveness. This is a classical objection to radical realism that is not overcome by the attention paid by Pattaro to the normative dimension "in the relative sense".


2005 ◽  
Vol 18 (4) ◽  
pp. 691-710
Author(s):  
Denis Bourque

Clause 1(b) of the Canadian Bill of Rights specifies that every person has the right to equality before the law. The purpose of this article is to analyse, on the one hand, the meaning that the judges of the Supreme Court have given to this concept of equality before the law and, on the other hand, the way in which they have applied this aforementioned principle of Clause 1(b) of the Canadian Bill of Rights. Four judgements are the subject of Mr. Bourque's study. He concerns himself with the Drybones, Lavell, Burnshine and Canard judgements. In the course of analysing these cases, Mr. Bourque brings out the shilly-shallying of the judges in connection with their concept of equality before the law. In spite of this beating about the bush two concepts emerge at the level of the judges of the Supreme Court, namely an equalitarian concept of equality before the law, and a concept which makes equivalent equality before the law and the rule of law. According to Mr. Bourque, the analysis of these four judgements shows that it is the concept which makes equivalent equality before the law and the rule of law, which represents, the position of the Supreme Court, at the present time.


Author(s):  
Nicolas Cornell

This chapter examines the nature of civil wrongs from the perspective of the law of remedies, querying the supposition that remedies are exclusively responsive to primary rights violations and, in turn, the related supposition that a civil wrong is nothing more the violation of a primary right and correlative duty. Here, remedies correct for wrongs, but it is essential to recognize that the nature of a wrong—and, in turn, the selection of an apt or responsive remedy—is not driven exclusively by the nature of the right that was violated by the wrongdoer. This chapter’s analysis is framed as a critique of corrective justice theorists’ assertion of tight conceptual and normative connections between primary rights and duties on the one hand and remedies on the other. It argues that remedies are partly responsive to rights violations, and thus the ex ante positioning of the parties as a matter of right. But an expectation of responsiveness underdetermines choices between different kinds of remedies and those bearing on the quantum of relief to be afforded to a successful plaintiff.


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