Echoes of Natural Law

2021 ◽  
pp. 222-250
Author(s):  
Stuart Banner
Keyword(s):  
Legal System ◽  
Natural Law ◽  
Past Century ◽  
Law Schools ◽  
Academic Interest ◽  
Law Of Nature ◽  
The Past ◽  
The Status ◽  
History Of ◽  
The Law

This chapter examines the status of natural law in the legal system over the past century. In law schools, natural law never ceased to be a topic of study. This academic interest in natural law has had almost no effect on the working legal system, where natural law has been relied upon by only the most idiosyncratic of judges and lawyers. The history of our use of natural law has nevertheless continued to exert influence on the legal system, which still contains doctrines and practices that were once based on the law of nature.

Kings in the Age of Nations: The Paradox of Lèse-Majesté as Political Crime in Thailand

1995 ◽  
Vol 37 (3) ◽  
pp. 445-475 ◽  
Author(s):  
David Streckfuss
Keyword(s):  
Twentieth Century ◽  
Critical Analysis ◽  
Past Century ◽  
The Past ◽  
Nation States ◽  
The Status ◽  
Political Crime ◽  
The Law ◽  
Scholarly Attention

The Thai monarchy, protected by the law of lèse-majesté, appears to be an anachronism in the age of nation-states. Over the past century, the spread of nationalism has leveled most monarchies, reducing kings (or queens) to the status of semiprivate individuals or preserving them as innocuous symbols. Usually considered mere remnants of feudal pasts, the laws protecting monarchies in the twentieth century have received little scholarly attention, even less perhaps in Thailand, where any critical analysis of the monarchy is discouraged by the threat of the lèse-majesté charge.

scholarly journals Sovereignty this Century - Maori and the Common Law Constitution

2000 ◽  
Vol 31 (1) ◽  
pp. 187 ◽  
Author(s):  
P G McHugh
Keyword(s):  
Common Law ◽  
Public Law ◽  
Capital City ◽  
Past Century ◽  
Quarter Century ◽  
Constitutional Order ◽  
The Past ◽  
The Status ◽  
History Of ◽  
The Common

This paper is an attempt to give a panorama of constitutional life in New Zealand this century as viewed through a particularly important window, the status of the aboriginal Maori people of these islands. Questions of Maori rights and their position in the constitutional order have become burning issues in this final quarter century and represent an immense challenge for the next. This exploration is particularly appropriate as we celebrate a century of law teaching in this capital city at a University which has produced many if not most of this country's distinguished and influential public lawyers. In many respects, the history we are about to review is also a history of common law constitutionalism in this country as well to a lesser extent as similar Anglophonic jurisdictions. We are looking not just at how that part of the common law we call "public law" has dealt with a particular ethnic group. Through this aboriginal window we are looking at the changing logic and reach of public law through the past century and at the nature and character of the common law itself.

The Law of Nature

2021 ◽  
pp. 11-45
Author(s):  
Stuart Banner
Keyword(s):  
Legal System ◽  
Natural Law ◽  
Legal Education ◽  
Law Of Nature ◽  
Positive Law ◽  
Scientific Laws ◽  
The Law

This chapter explores how natural law worked in the legal system of the 18th and 19th centuries. It discusses how lawyers believed natural law could be discerned, how natural law related to positive law, why natural law seemed so plausible, how natural law figured in legal education, and how natural law was used in practice. Natural law was understood to consist of general principles found in nature, like the principles we call “scientific” laws today. They formed a backdrop against which positive law was enacted and interpreted. These general principles guided courts’ decisions where positive law did not yield a clear answer.

Natural Law and Common Law

2001 ◽  
Vol 5 (1) ◽  
pp. 4-20 ◽  
Author(s):  
D J Ibbetson
Keyword(s):  
Natural Law ◽  
Common Law ◽  
Company Law ◽  
Practical Significance ◽  
Law Of Nature ◽  
History Of ◽  
The Common ◽  
The Law ◽  
Law Reports ◽  
Lost Opportunity

If you scan through the law reports ofthe last century or so, you will come across a sprinkling of references to Natural Law, commonly in conjunction with some such phrase as “manifest nonsense”.1 Introductory books dealing with the sources of law hardly place it in the forefront of their treatment, to say the least; and anyone writing a practitioners' manual on some practically useful area of law who began with a chapter on Natural Law would be thought to have taken leave of his senses. Go back two or three hundred years or so and the picture looks very different. References to the law of nature abound in the reports of the seventeenth and eighteenth centuries; institutional writers dealing with the Common Law will regularly list Natural Law as one of its principal sources, and when Stewart Kyd wrote the first English book on what we would now call company law2 the obvious starting pointfor his first chapter was the work of the Natural Lawyers of the previous century. England, like everywhere else in Europe, had been caught up in a fervour of Natural Law thinking. Legal historians, of course, are well aware of this, but commonly portray it in their books as part of the background against which the Common Law was worked out, rather than as an integral part ofthe story of English law's development.3 This downplaying of the practical significance of Natural Law represents something of a lost opportunity, not merely because it can give a frame of reference within which some sense can be made ofthe reorientation of English law in the eighteenth century, but also because it provides an important point ofcontact between the all-too-insular history ofEnglish law and the apparently more homogeneous legal history of the rest of Europe.

Law School Accreditation Standards and the Structure of American Legal Education

1978 ◽  
Vol 3 (03) ◽  
pp. 515-543 ◽  
Author(s):  
Donna Fossum
Keyword(s):  
Legal Education ◽  
Legal Profession ◽  
Law School ◽  
Law Schools ◽  
The Past ◽  
Accreditation Standards ◽  
History Of ◽  
Part Time ◽  
The Law ◽  
School Accreditation

In the past 50 years, eligibility for admission to the bar has come to depend increasingly on the accreditation status of the law school attended. The author traces the history of the American Bar Association's law school accrediting standards and their impact on part-time and proprietary law schools, presents the results of a study of the ABA standard prohibiting the accreditation of proprietary law schools, and discusses ramifications for legal education and the legal profession.

Legal Fictions in Private Law

2022 ◽  
Author(s):  
Liron Shmilovits
Keyword(s):  
Legal System ◽  
Comprehensive Analysis ◽  
Private Law ◽  
History Of ◽  
The Law ◽  
Legal Fictions

Legal fictions are falsehoods that the law knowingly relies on. It is the most bizarre feature of our legal system; we know something is false, and we still assume it. But why do we rely on blatant falsehood? What are the implications of doing so? Should we continue to use fictions, and, if not, what is the alternative? Legal Fictions in Private Law answers these questions in an accessible and engaging manner, looking at the history of fictions, the theory of fictions, and current fictions from a practical perspective. It proposes a solution to what to do about fictions going forward, and how to decide whether they should be accepted or rejected. It addresses the latest literature and deals with the law in detail. This book is a comprehensive analysis of legal fictions in private law and a blueprint for reform.

scholarly journals Aristocratic libraries in Slovakia – status, research, history

2021 ◽  
Vol 15 (3) ◽  
pp. 427-441
Author(s):  
Michaela Sibylová
Keyword(s):  
World War Ii ◽  
Public Libraries ◽  
Adverse Impact ◽  
World War ◽  
The Past ◽  
Research History ◽  
The Enlightenment ◽  
The Status ◽  
History Of ◽  
The Times

The author has divided her article into two parts. The first part describes the status and research of aristocratic libraries in Slovakia. For a certain period of time, these libraries occupied an underappreciated place in the history of book culture in Slovakia. The socialist ideology of the ruling regime allowed their collections (with a few exceptions) to be merged with those of public libraries and archives. The author describes the events that affected these libraries during and particularly after the end of World War II and which had an adverse impact on the current disarrayed state and level of research. Over the past decades, there has been increased interest in the history of aristocratic libraries, as evidenced by multiple scientific conferences, exhibitions and publications. The second part of the article is devoted to a brief history of the best-known aristocratic libraries that were founded and operated in the territory of today’s Slovakia. From the times of humanism, there are the book collections of the Thurzó family and the Zay family, leading Austro-Hungarian noble families and the library of the bishop of Nitra, Zakariás Mossóczy. An example of a Baroque library is the Pálffy Library at Červený Kameň Castle. The Enlightenment period is represented by the Andrássy family libraries in the Betliar manor and the Apponyi family in Oponice. 

scholarly journals Welcome to a new, international open-access research journal with a particular focus on the development of theoretical and experimental techniques and methodology

2011 ◽  
Vol 1 (1) ◽  
pp. e1
Author(s):  
Fulvio Melia
Keyword(s):  
Open Access ◽  
Open Access Journal ◽  
Original Research ◽  
Past Century ◽  
The Past ◽  
Research Journal ◽  
History Of ◽  
Mathematical Techniques ◽  
Instrumental Development ◽  
Astronomy And Astrophysics

I have recently had the privilege of being appointed Editor-in-Chief of this very exciting and innovative Open Access Journal, and hereby extend a warm welcome to everyone as we launch Astronomy Studies Development, which will seek to publish high quality, peer-reviewed, original manuscripts in all fields of astronomy and astrophysics, though with a particular focus on mathematical techniques and methodology and innovative ideas for instrumental development and modeling in astronomy and astrophysics. The journal will also seek to publish simulations in all areas, including cosmology, particle astrophysics, accretion, and diffuse media. Our journal will include both full length research articles and letter articles, and its coverage extends over solar, stellar, galactic and extragalactic astronomy and astrophysics, and will report original research in all wavelength bands. Astronomy and Astrophysics are rather mature disciplines, with a history of quality journals over the past century or more. So one may reasonably ask why a new journal such as this is needed. Obviously, I myself have answered this question in the affirmative. After a long career in research and publishing, I have the perspective to provide several good reasons for helping to promote the evolution of publishing in Astronomy and Astrophysics to a place more in line with present technology..........

scholarly journals Productivity and Institutions

2015 ◽  
Vol 11 (2) ◽  
pp. 375
Author(s):  
Gylfi Zoega
Keyword(s):  
19Th Century ◽  
Legal System ◽  
Industrial Revolution ◽  
Lower Cost ◽  
Standard Of Living ◽  
Gdp Per Capita ◽  
Past Century ◽  
High Productivity ◽  
The Past ◽  
Per Capita

Differences in productivity account for differences in output per capita between countries as well as changes in output and the standard of living for each country over long periods of time. During the first industrial revolution, one could already see the emergence of two groups of countries: the high- and the low-GDP per capita countries. The list of countries belonging to the highproductivity group has not changed much over the past century. Differences in institutions separate the two clubs. The high-productivity group is, amongst many other differences, characterized by less corruption, a better legal system, superior enforcement of contracts, a lower cost of starting a business and lower tariffs. Historical output series for Britain going back to the mid-19th century show that productivity has increased greatly and improved the standard of living.

scholarly journals Social tourism in Greece: a brief history of development from the interwar years to the COVID-19 era.

2021 ◽  
pp. 5-17
Author(s):  
Konstantinos I. Kakoudakis ◽  
Katerina Papadoulaki
Keyword(s):  
Developmental Process ◽  
Tourism Development ◽  
Past Century ◽  
Refugee Crisis ◽  
Modern Greek ◽  
The Past ◽  
History Of Development ◽  
Time Period ◽  
Key Players ◽  
History Of

Abstract This chapter illustrates the process of social tourism development in Greece, from the interwar years until the present day. The chapter first sets the discussion within the context of the country's turbulent political, social and economic background, throughout most of the past century, which has exercised significant influence on the development of Greek tourism in general, and social tourism specifically. It then identifies and presents two main phases of social tourism development, highlighting important initiatives and key players that contributed to the incremental evolution of social tourism programmes in Greece, and also events that impeded their implementation and smooth running. Specific emphasis is given to the past four decades, since this time period has largely shaped the contemporary form of Greek social tourism programmes. Therefore, the chapter explicates the close linkages between the establishment of the modern Greek welfare state in the early 1980s, and the development of social tourism as we know it today. The chapter concludes with a brief discussion on the developmental process of contemporary Greek social tourism over time, and the important socioeconomic implications of its current practice in the aftermath of the Greek financial crisis, and in the midst of the refugee crisis in Europe, and the Covid-19 pandemic.

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