Of Debatable Benefit

2020 ◽  
pp. 137-181
Author(s):  
Nathan S. French
Keyword(s):  
Jeremy Bentham ◽  
The Public ◽  
Public Benefit ◽  
The Subject ◽  
The Law

Though an individual may possess the correct intention for martyrdom-seeking, Jihadi-Salafi jurists argue that such intentionality does not secure the permissibility of a martyrdom-seeking operation. The operation as a legitimate tactic of war and struggle in God’s cause must also be debated. Beginning with a discussion of the permissibility of immersing oneself into a superior enemy force, and a question of the permissibility of striking human shields, this chapter argues that Jihadi-Salafi jurisprudence on the subject of martyrdom operations reveals a rearrangement of the objectives of the law. Such a rearrangement, the chapter concludes, suggests that for Jihadi-Salafis, it is to the public benefit of the umma to put the preservation of religion ahead of life, reason, lineage, or property. Such a move demands a comparison with Western utilitarian approaches, such as that of Jeremy Bentham.

14. Charitable trusts

2019 ◽  
pp. 429-454
Author(s):  
JE Penner
Keyword(s):  
Attorney General ◽  
The Public ◽  
Public Benefit ◽  
The Core ◽  
Public Purpose ◽  
Charity Commission ◽  
The Subject ◽  
The Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on charitable trusts. Charitable trusts are not subject to the beneficiary principle. These are valid purpose trusts that are enforced, not by beneficiaries, but by the Attorney-General or, more recently, by the Charity Commission. Charities are generally exempt from most taxes. The conditions for charitable status; the charitable character of public purpose trusts; trusts for the relief of poverty; trusts for the advancement of education; trusts for the advancement of religion; trusts for other purposes beneficial to the community; the law concerning the public benefit requirement; and the application of the cy-près doctrine to save charitable trusts from failure are discussed.

8. Patent Protection and Exploitation

2019 ◽  
pp. 178-198
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Subject Matter ◽  
Patent Protection ◽  
European Patent ◽  
Central Importance ◽  
The Public ◽  
The Third ◽  
The Subject ◽  
The Law ◽  
Patent Grant

Once a European patent has been granted the nature and scope of the protection it confers must be determined. In considering such protection this chapter focuses on four issues of central importance to that end. The first is the effects of a patent, namely, the territories in and term for which it is valid. The second is the object of protection, namely, the subject matter that the public is excluded from using during the term of its protection. The third is the nature of protection, namely, the uses of the subject matter from which the public is excluded. And the fourth is the limitations to protection, namely, the uses of an invention that the law permits notwithstanding its protection by patent grant.

‘Furiously Mad’: Vagrancy Law and a Sub-Group of the Disorderly Poor

Rural History ◽  
2013 ◽  
Vol 24 (1) ◽  
pp. 25-40 ◽  
Author(s):  
AUDREY ECCLES
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Social Problem ◽  
Common Law ◽  
Medical Texts ◽  
The Public ◽  
Course Of Action ◽  
The Subject ◽  
The Common ◽  
The Law

Abstract:Madness has been a social problem from time immemorial. Wealthy lunatics were made royal wards so that their estates would be looked after, and the common law very early admitted madness and idiocy as conditions justifying the exemption of the sufferer from punishments for crime. But the vast majority of lunatics have never been either criminal or wealthy, and many wandered about begging, unwelcome in any settled community. Finally, in the eighteenth century, the law made some attempt to determine a course of action which would protect the public and theoretically also the lunatic. This legislation and its application in practice to protect the public, contain the lunatic, and deal with the nuisance caused by those ‘disordered in their senses’, form the subject of this article. Much has been written about the development of psychiatry, mainly from contemporary medical texts, and about the treatment of lunatics in institutions, chiefly from nineteenth-century sources, but much remains to be discovered from archival sources about the practicalities of dealing with lunatics at parish level, particularly how they were defined as lunatics, who made such decisions, and how they were treated in homes and workhouses.

On the liability of the occupier of a tenement for damage done to that of a neighbour, by fire kindled through his own or his servant's negligence

1851 ◽  
Vol 1 (1) ◽  
pp. 47-49
Author(s):  
C. J. Bunyon
Keyword(s):  
Considerable Importance ◽  
The Public ◽  
The Subject ◽  
The Law

The question as to the liabilities arising upon the destruction of property by a fire which has originated through negligence, is one of considerable importance, both to the public and to Insurance Offices; and as it appears that the vulgar notions afloat upon it, by no means tally with the law, and have, nevertheless, their origin in no less an authority than that of Sir William Blackstone, it may be a matter of interest to the readers of this magazine to investigate the subject.

7. Charity: trust creation and public policy II

2018 ◽  
Author(s):  
Gary Watt
Keyword(s):  
Public Policy ◽  
The Public ◽  
Public Benefit ◽  
The Creation ◽  
The Law

This chapter explores how the creation of trusts is influenced by special considerations of public policy, focusing on charity that is beneficial to the public as opposed to illegality. Charity will render a purpose trust valid that the law of trusts would otherwise consider to be void. In contrast, illegality will sometimes render an interest or transaction void or unenforceable that the law of trusts and gifts would generally consider to be valid. After considering the creation of charitable trusts, the chapter also discusses charitable purposes and the public benefit as well as the administration of charitable trusts, before concluding by analysing their variation in accordance with the ‘cy-près’ doctrine.

Privacy Rights and Satellite Broadcasts

1993 ◽  
Vol 27 (3) ◽  
pp. 384-414
Author(s):  
Jonathan Gillis
Keyword(s):  
Public Interest ◽  
Subject Matter ◽  
Practical Problem ◽  
Privacy Rights ◽  
The Public ◽  
News Broadcasts ◽  
Tv News ◽  
The Subject ◽  
The Law ◽  
Private Individual

The subject matter of this article is, at bottom, a practical problem. It accepts that people have a right to privacy and that this right should find proper protection in the law. It asks, simply, whether such protection is at all feasible given the particular technology of broadcast by satellite.For the purposes of investigating this problem several issues must be addressed. First is the nature of the violation of privacy involved. Our concern here is principally with TV news broadcasts. We begin from the point where the debate over “what is in the public interest versus what the public is interested in” has ended; there will be general consensus that the content of a certain broadcast represents a violation of an individual's privacy and one about which the law should do something. An example might be the filming in the public domain of a private individual caught in the shock of personal grief or tragedy. In such a case we would need to investigate the nature of the injury involved in any subsequent broadcast of these sounds and images, and to ask what dimension, if any, is added to this injury by their simultaneous broadcast across the globe.

scholarly journals The Courtroom as an Arena of Ideological and Political Confrontation: The Chicago Eight Conspiracy Trial

2021 ◽  
Author(s):  
Awol Allo
Keyword(s):  
Public Sphere ◽  
Criminal Trial ◽  
The Public ◽  
Administration Of Justice ◽  
National Convention ◽  
The Subject ◽  
The Law ◽  
The Public Sphere ◽  
A Site

AbstractNormative theories of law conceive the courtroom as a geometrically delineated, politically neutral, and linguistically transparent space designed for a fair and orderly administration of justice. The trial, the most legalistic of all legal acts, is widely regarded as a site of truth and justice elevated above and beyond the expediency of ideology and politics. These conceptions are further underpinned by certain normative understandings of sovereignty, the subject, and politics where sovereignty is conceived as self-instituting and self-limiting; the subject is understood as an autonomous and rational being capable of self-consciousness and self-representation; and politics is posited as the exercise of reason in the public sphere. In this article, I argue that such a normative conceptualization of the criminal trial and the courtroom not only ignores structures of power and privilege that produce inequalities but also forecloses possibilities for transformative judicial praxis. Drawing on the 1969–1970 trial of eight radical activists accused of conspiring to incite a riot at the 1968 Democratic National Convention in Chicago, the article argues for a performative re-conceptualization of sovereignty, the subject, and the law as indeterminate, unpredictable, and open-ended discursive formations. The article demonstrates how the accused, working with and against legal doctrines, norms, and discourses, rethought normative conceptions of sovereignty, law, and subjectivity as contingent power-knowledge constellations that are open, unpredictable, and un-closable.

scholarly journals Legitimação ativa da defensoria pública no mandado de injunção coletivo

2018 ◽  
Vol 42 (1) ◽  
pp. 80-95
Author(s):  
Olavo Augusto Vianna Alves Ferreira ◽  
Guilherme De Siqueira Castro
Keyword(s):  
Supreme Court ◽  
Point Of View ◽  
The Other ◽  
Public Defender ◽  
The Public ◽  
The Supreme Court ◽  
The Subject ◽  
The Law

O presente artigo tem o objetivo de examinar a legitimidade ativa da Defensoria Pública no mandado de injunção coletivo. Para a consecução desta finalidade, o tema será abordado tanto do ponto de vista constitucional como do ponto de vista processual. Será estudado o vício de constitucionalidade formal da Lei 13.300/2016 no que tange a legitimidade ativa da Defensoria Pública no mandado de injunção coletivo. A necessidade de pertinência temática para a impetração e o tipo de interesse transindividual tutelado são questões que envolvem um profícuo debate constitucional que já foi objeto de exame pelo Supremo Tribunal Federal. Por derradeiro, abordaremos a possibilidade de litisconsórcio ativo no mandado de injunção envolvendo a Defensoria Pública e os demais legitimados extraordinários previsto na lei de regência da ação injuncional.   Abstract This article aims to examine the active legitimacy of the Office of the Public Defender in the collective writ of injunction. To achieve this purpose, the subject will be addressed both from a constitutional point of view and from a procedural point of view. This paper will study the formal constitutional vice of Law 13.300 / 2016 regarding the active legitimacy of the Office of the Public Defender in the collective writ of injunction. The need for thematic relevance to the filing and type of ward transindividual interest are issues involving a fruitful constitutional debate that has been the subject of examination by the Supreme Court. For last, we discuss the possibility of active joinder in the writ of injunction involving the Office of the Public Defender and the other extraordinary legitimated under the law of Regency injuncional action.

scholarly journals Results of an empirical study on the effectiveness of urgent measures in the Republic of Serbia

2021 ◽  
Vol 63 (1) ◽  
pp. 19-43
Author(s):  
Aleksandar Bošković ◽  
Tanja Kesić
Keyword(s):  
Domestic Violence ◽  
Public Prosecutor ◽  
Preventive Action ◽  
Criminal Proceedings ◽  
The Public ◽  
Individual Number ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
The Individual

Contemporary legislation, not only criminal and criminal proceedings law, has entered a new stage, that is currently underway and that is reflected in significant reforms and new legislation, as well as seeking new solutions to increase efficiency in preventing and combating domestic violence. The Republic of Serbia embarked on this path by adopting the Law on Prevention of Domestic Violence, which should primarily intensify the preventive action of the competent state bodies in cases of domestic violence. The Law on Prevention of Domestic Violence started to be applied on June 1, 2017 and given the fact that it has been applied for the past three years, it is necessary to carry out an adequate analysis and to evaluate whether it has increased efficiency when it comes to combating domestic violence. In this regard, the subject of this paper is primarily the analysis of the practical application of urgent measures provided by the Law imposed by the police, the public prosecutor and the court. This research will cover a period of two years of applying of the law, i.e. the period from June 1, 2017 to May 31, 2019. During the research, the statistical method was used along with the methods of analysis, deduction, comparison and description. The paper will analyse: both the total and the individual number of urgent measures imposed by the police; territorial distribution of the imposed urgent measures on the territory of the Republic of Serbia; imposing of extended urgent measures by the court, and a significant aspect of this research will be dedicated to the issue of violations of the imposed urgent measures.

7. Patents

2019 ◽  
pp. 95-123
Author(s):  
Tim Press
Keyword(s):  
Pharmaceutical Industry ◽  
Public Interest ◽  
Technological Development ◽  
Individual Rights ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Technological Developments ◽  
The Subject ◽  
The Law

This chapter discusses patents, which are granted for new and inventive technological developments but not for developments in the creative or non-technological arts. Areas on the borderline between technical and other forms of creativity are the subject of difficulty and controversy. Patents last for 20 years from application, but may be revoked at any time on the grounds that the invention does not meet the requirements for patentability. Manufacturing or dealing in products, or carrying out processes, as described in the patent’s claims, infringes the patent. Unlike copyright, where both economic and individual rights are important, the main reasons for the grant of patents are economic, to encourage technological development. Patents are considered essential to many industries such as the pharmaceutical industry, where there is also a strong public interest in the development and accessibility of technology. The law must strike a balance between the public and private interests.

Sign in / Sign up

Export Citation Format

Share Document