The Origins of Uncontested Adjudication

2021 ◽  
pp. 19-32
Author(s):  
James E. Pfander
Keyword(s):  
North America ◽  
Civil Law ◽  
Roman Law ◽  
British North America

This brief chapter explores the origins of non-contentious or voluntary jurisdiction, tracing its appearance in Roman law and its incorporation into the practice of civil law systems of Europe. After examining uncontested adjudication in England, this chapter tracks its arrival in British North America. Building on English forms that were themselves rooted in civil law, colonial courts in North America used uncontested process to handle such familiar matters as the probate of decedents’ estates and the exercise of equity and admiralty jurisdiction.

Academic Feud, Bloodfeud, and William Welwood: Legal Education in St Andrews, 1560–1611-Part I

1998 ◽  
Vol 2 (2) ◽  
pp. 158-179 ◽  
Author(s):  
John W Cairns
Keyword(s):  
Seventeenth Century ◽  
Sixteenth Century ◽  
Legal History ◽  
Legal Education ◽  
Civil Law ◽  
Legal Culture ◽  
Roman Law ◽  
Joint Meeting ◽  
Academic Education

This article, in earlier versions presented as a paper to the Edinburgh Roman Law Group on 10 December 1993 and to the joint meeting of the London Roman Law Group and London Legal History Seminar on 7 February 1997, addresses the puzzle of the end of law teaching in the Scottish universities at the start of the seventeenth century at the very time when there was strong pressure for the advocates of the Scots bar to have an academic education in Civil Law. It demonstrates that the answer is to be found in the life of William Welwood, the last Professor of Law in St Andrews, while making some general points about bloodfeud in Scotland, the legal culture of the sixteenth century, and the implications of this for Scottish legal history. It is in two parts, the second of which will appear in the next issue of the Edinburgh Law Review.

Vier Arten von Römern unter den Franken im 6. bis 8. Jh.

2016 ◽  
Vol 133 (1) ◽  
pp. 459-468
Author(s):  
Detlef Liebs
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Roman Law ◽  
Procedural Law ◽  
The Status ◽  
The Difference ◽  
Law Texts ◽  
Fourth Kind

Abstract Four kinds of Romans in the Frankish kingdoms in the 6th to 8th centuries. Roman law texts from Merowingian Gaul make a difference between cives Romani, Latini and dediticii, all considered as Romans. This difference mattered only to slaves who had been freed. The status of Latin and dediticius was hereditary, whereas the descendants of one who had been freed as civis Romanus were free born Romans, who should be classified as a proper, a fourth kind of beeing Roman; it was the standard kind. The difference was important in civil law, procedural law and criminal law, especially in wergeld, the sum to be payed for expiation when somebody had been killed: Who had killed a Roman, had to pay different sums according to the status of the killed.

scholarly journals Les relations canado-américaines : Nationalisme et continentalisme

2005 ◽  
Vol 14 (1) ◽  
pp. 23-37 ◽  
Author(s):  
Louis Balthazar
Keyword(s):  
United States ◽  
North America ◽  
Manifest Destiny ◽  
The United States ◽  
Cultural Integration ◽  
British North America ◽  
History Of ◽  
Canadian Nationalism ◽  
Set Up ◽  
National Perspective

This paper's objective is to bring forth some elements which confirm the following hypothesis : Canada is consigned to continentalism, namely to economic and cultural integration with the United States though this fact is shrouded in a Canadian nationalism of sorts. The continentalist mentality is rooted in the history of British North America, inhabited mostly by refugees from America who have remained inherently "Yankees" in spite of their anti-americanism. The Confederation itself is based on a sort of complicity with the United States. More recently there were talks of a "North American nationality", and continentalism both cultural and economic has come to be seen as a 'force of nature" which the governments, at the most, put into a chanelling process. Still, it is possible for Canadian nationalism to exist provided it does not go beyond the threshold whence it would run headlong into the continental mentality. Canada has defined itself through an international or non-national perspective far too long for today's nationalism not to remain weak and poorly established. But the Americans whose "manifest destiny" has succeeded in spreading over Canada without even their having tried to hoist their flag there find it to their advantage to maintain some form of Canadian sovereignty. Canada as a "friendly nation" can be of use to Washington. That is why there are almost as many advocates for Canada's independence in the United States as there are north of the border. Canadian nationalism can thus further the interests of some Canadian elites without seriously prejudicing continental integration which can very well afford not to be set up into formalized structures.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

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