Part I The Nature of Intangible Property, 8 Leases

Author(s):  
Smith Marcus ◽  
Leslie Nico

This chapter focuses on leases. Leases are most commonly associated with transactions involving land, and have been a feature of the law of real property since the Middle Ages. However, other forms of lease have become increasingly prominent in modern times. There are now major industries concerned with the leasing of chattels, such as vehicles or aircraft, and leases of intangible rights have become commonplace in the world of intellectual property. The key feature of such leases is that the lessee obtains the right to exclude others from using the relevant chattel or intellectual property. This is in contrast to a mere licence, by which the licensee obtains only the right to use the chattel or property himself. The chapter looks specifically at leases over land—its nature, historical origins, and whether they can be properly classified as choses in action.

Traditio ◽  
1964 ◽  
Vol 20 ◽  
pp. 351-383
Author(s):  
Gerard J. Campbell

The Gregorian reform of the eleventh century mounted a massive attack on lay control over churches and church appointments, yet the degree to which this attack succeeded in attaining its objectives varied from country to country. Local conditions and personalities were important in determining the outcome of the struggle over investiture and other related questions, but neither side achieved a complete victory, because the final agreements between clerical and lay leaders were a compromise which produced the usual mixture of satisfaction and disappointment. The church gained the most substantial victory, for the smothering stranglehold of the laity over the church and churchmen was broken, nevermore to be restored in the Middle Ages. Increased spiritual freedom for the church in subsequent centuries resulted from the struggle of the mid-eleventh century. Nevertheless, the church had not broken completely from its close ties with the world of feudalism. If bishoprics, abbeys, and parish churches were not feudal possessions of kings and nobles, laymen still retained many rights reminiscent of the earlier days when laymen claimed a proprietary right over the churches in their areas. The purpose of this paper is to consider one of these remnants of earlier days: the right of regalia I will examine the right of regalia, temporal and spiritual, together with some related institutions during the reigns of St. Louis and Philip III of France.


2018 ◽  
Vol 44 ◽  
pp. 00188
Author(s):  
Katarzyna Winczek ◽  
Jerzy Winczek

In the paper, against the background of art and ecology associations, formerly and today, modern ecological techniques and materials used in artistic printmaking have been presented. The considerations were related to the culture of past centuries and searching for the threads of ecological thought in philosophy, religion or art. The development of ecological thinking in European art is traced from the Middle Ages to modern times. The trends, concepts and methods of environmental graphics are characterized in the context of development and research of these methods in the world and in Poland. The basic techniques of ecological intaglio (etching, soft varnish, aquatint, chipping, photopolymer techniques and electrolytic etching) are discussed. Alternative materials and procedures were proposed based on literature and authors’ own research. The advantages and benefits of using these techniques in ecological and workshop aspects were analyzed.


wisdom ◽  
2021 ◽  
Vol 19 (3) ◽  
pp. 204-216
Author(s):  
Volodymyr ORTYNSKYI ◽  
Stepan SLYVKA ◽  
Nadiya SCOTNA ◽  
Oksana LEVYTSKA ◽  
Ivanna SHCHERBAI

The article aims to study the genesis of the philosophical understanding of the law, from the Middle Ages to modern times. The reason for choosing such a significant period of time is that the purpose of the article is to trace the dynamics of understanding the philosophy of law. The methodological basis of this scientific article was formed by the most important approaches, methods and principles of historical research. A study was carried out on the genesis of philosophical understanding of the law, from the Middle Ages to modern times. The understanding of the philosophy of law in different eras of time was considered. In addition, the understanding of the philosophy of law during the Renaissance was examined in detail. The main ideas of law in the philosophical spins of the thinkers of the Enlightenment are considered. The characteristic features of the modern philosophy of law are determined.


Legal Studies ◽  
1985 ◽  
Vol 5 (3) ◽  
pp. 320-330
Author(s):  
Jonathan Hill

The law relating to markets illustrates the extent to which the English legal system bears the indelible stamp of its historical origins. Despite a mass of legislation during the last one hundred and fifty years, the common law of markets has retained much of its significance. Although aspects of the common law dating from the Middle Ages are singularly ill-adapted to contemporary social and economic conditions pressure on parliamentary time and the rigid application of the doctrine ofstare decisis combine to preserve this distinctly anachronistic area of the law.


1990 ◽  
Vol 41 (4) ◽  
pp. 543-583 ◽  
Author(s):  
Benjamin Thompson

Throughout its history the institutionalised Church has sought in different ways to define its position with respect to the ‘world’, in order to give meaning to the injunction to be ‘in’ this world but not ‘of’ it. During the Middle Ages, the tension was acute because the Church, in its narrow definition of the clergy, claimed to be a separate, spiritual order, set apart from the temporal world. The tangible results of this dichotomy are particularly evident with respect to the real property held by ecclesiastical institutions. Property gave the Church the security to be independent from the lay power and the aristocracy; hence the Church claimed varying degrees of immunity for its property from secular jurisdictions.


Author(s):  
E. Yu. Goncharov ◽  
◽  
S. E. Malykh ◽  

The article focuses on the attribution of one gold and two copper coins discovered by the Russian Archaeological Mission of the Institute of Oriental Studies RAS in the ancient Egyptian necropolis of Giza. Coins come from mixed fillings of the burial shafts of the Ancient Egyptian rock-cut tombs of the second half of the 3rd millennium B.C. According to the archaeological context, the coins belong to the stages of the destruction of ancient burials that took place during the Middle Ages and Modern times. One of the coins is a Mamluk fals dating back to the first half of the 14th century A.D., the other two belong to the 1830s — the Ottoman period in Egypt, and are attributed as gold a buchuk hayriye and its copper imitation. Coins are rare for the ancient necropolis and are mainly limited to specimens of the 19th–20th centuries. In general, taking into account the numerous finds of other objects — fragments of ceramic, porcelain and glass utensils, metal ware, glass and copper decorations, we can talk about the dynamic nature of human activity in the ancient Egyptian cemetery in the 2nd millennium A.D. Egyptians and European travelers used the ancient rock-cut tombs as permanent habitats or temporary sites, leaving material traces of their stay.


2021 ◽  
Vol 31 (2) ◽  
pp. 145-161
Author(s):  
Gerhardt Stenger ◽  

This paper traces the history of the philosophical and political justification of religious tolerance from the late 17th century to modern times. In the Anglo-Saxon world, John Locke’s Letter Concerning Toleration (1689) gave birth to the doctrine of the separation of Church and State and to what is now called secularization. In France, Pierre Bayle refuted, in his Philosophical Commentary (1685), the justification of intolerance taken from Saint Augustine. Following him, Voltaire campaigned for tolerance following the Calas affair (1763), and the Declaration of the Rights of Man (1789) imposed religious freedom which, a century later, resulted in the uniquely French notion of laïcité, which denies religion any supremacy, and any right to organize life in its name. Equality before the law takes precedence over freedom: the fact of being a believer does not give rise to the right to special statutes or to exceptions to the law.


2021 ◽  
Vol 3 (1) ◽  
pp. 17-31
Author(s):  
Anna McKay

Over the past two decades, medieval feminist scholarship has increasingly turned to the literary representation of textiles as a means of exploring the oftensilenced experiences of women in the Middle Ages. This article uses fabric as a lens through which to consider the world of the female recluse, exploring the ways in which clothing operates as a tether to patriarchal, secular values in Paul the Deacon’s eighthcentury Life of Mary of Egypt and the twelfth-century Life of Christina of Markyate. In rejecting worldly garb as recluses, these holy women seek out and achieve lives of spiritual autonomy and independence.


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