Conclusion

2018 ◽  
Author(s):  
Phillip Drew
Keyword(s):  
Twentieth Century ◽  
Legal Framework ◽  
Customary Law ◽  
The Core ◽  
Early Twentieth Century ◽  
The Law ◽  
Do So

The fact that a number of aspects of maritime blockade law are not settled in customary law infers that any state that engages in blockade operations risks the possibility that its actions will be found to have been unlawful. Because the consequences of a blockade can be so deleterious to vulnerable civilian populations, it is necessary that a legal framework for maritime blockade be established. At the core of any such framework must be the requirement to address humanitarian issues and concerns. Without such initiatives, the law of blockade will remain mired in the early twentieth century, and states engaging in this method of warfare will do so under a cloud of legal ambiguity.

Guarding the Public Interest: England's Coroners and Organ Transplants, 1960–1975

2015 ◽  
Vol 54 (4) ◽  
pp. 926-946 ◽  
Author(s):  
Helen MacDonald
Keyword(s):  
Twentieth Century ◽  
Public Interest ◽  
Spare Part ◽  
Organ Transplants ◽  
Legal Requirement ◽  
The Public ◽  
The Law ◽  
Do So

AbstractFrom the mid-twentieth century, England's coroners were crucial to the supply of organs to transplant, as much of this material was gleaned from the bodies of people who had been involved in accidents. In such situations the law required that a coroner's consent first be obtained lest removing the organs destroy evidence about the cause of the person's death. Surgeons challenged the legal requirement that they seek consent before taking organs, arguing that doing so hampered their quick access to bodies. Some coroners willingly cooperated with surgeons while others refused to do so, coming into conflict with particular transplanters whom they considered untrustworthy. This article examines how the phenomenon of “spare part” surgery challenged long-held conceptions of the coroner's role.

Contract

2005 ◽  
Author(s):  
James Gordley
Keyword(s):  
Twentieth Century ◽  
Legal System ◽  
Common Law ◽  
Contract Law ◽  
Legal Method ◽  
Legal Problems ◽  
Early Twentieth Century ◽  
The Will ◽  
The Law

‘Classical’ contract law was built on a substantive premise about contract law and two premises about legal method. The substantive premise was voluntaristic: the business of contract law is to enforce the will or choice of the parties. The first methodological premise was positivistic: the law is found, implicitly or explicitly, in the decisions of common law judges. The second methodological premise was conceptualistic: the law should be stated in general formulas which can be tested by their coherence. Finally, ‘classical’ contract law reflected an attitude about how best to steer a course — as every legal system must — between strict rules and equitable considerations. Since the early twentieth century, classical contract law has been breaking down. Allegiance to its premises has weakened as has the preference for rigor. At the same time, scholars have found classical law to be inconsistent even in its own terms. Nevertheless, much of it has remained in place faute de mieux while contemporary jurists have tried to see what is really at stake in particular legal problems. This article describes their work.

’Garde ici et ’garde lá-bas

2017 ◽  
Author(s):  
Jared Snyder
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Native American ◽  
Music Industry ◽  
Dance Music ◽  
The Core ◽  
Early Twentieth Century ◽  
History Of

This chapter explores the history of the Creole accordion. Black Creoles in Louisiana have created their own, distinctive accordion music adapted from French, Native American, and African cultures. While Creole musicians in the early twentieth century were often hired for Cajun dances, where they played Cajun dance music, at their own gatherings they played a uniquely Creole repertoire that drew from the African American blues—a repertoire later developed by accordionists such Clifton Chenier and Boozoo Chavis. Zydeco, as this music eventually was labeled, has become a symbol of Louisiana Creole culture. It is argued that despite the pressure on modern zydeco bands to adapt to the demands of the music industry, the traditional accordion and rubboard remain the core instruments, and zydeco accordionists keep playing in a distinctively Creole style.

The Seavoyage Controversy and the Kayasthas of North India, 1901—1909

1979 ◽  
Vol 13 (2) ◽  
pp. 265-299 ◽  
Author(s):  
Lucy Carroll
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Social Reform ◽  
Social Conflict ◽  
North India ◽  
One Dimensional ◽  
Early Twentieth Century ◽  
The Law ◽  
Ancient Texts

Seavoyage was a social reform issue of some concern to the Hindus of Upper India in the latter part of the nineteenth century and the early twentieth century. Clearly there were compelling incentives for seavoyage; equally clearly there was a convention which prohibited such travel in the belief that it contravened the law laid down in ancient texts. But social conflict is seldom as one-dimensional as these statements imply.

The Extraordinary Chambers in the Courts of Cambodia: Developing the Law on Sexual Violence?

2015 ◽  
Vol 15 (3) ◽  
pp. 452-484 ◽  
Author(s):  
Sarah Williams ◽  
Emma Palmer
Keyword(s):  
Sexual Violence ◽  
International Criminal ◽  
Khmer Rouge ◽  
Legal Framework ◽  
International Criminal Tribunals ◽  
Systematic Feature ◽  
The Law ◽  
Do So ◽  
Democratic Kampuchea

Widespread sexual violence was a feature of Democratic Kampuchea, whether during forced marriages, as an instrument of torture, or as a systematic feature of Khmer Rouge policy, with rape often the precursor to execution. Since it was established, the Extraordinary Chambers in the Courts of Cambodia (eccc) has secured a single conviction of sexual violence. This article draws on the eccc’s jurisprudence and decisions of other international criminal tribunals to argue that, to date, the eccc has made little contribution to the development of the legal framework surrounding sexual violence. However, there remain several possibilities for it to do so.

scholarly journals An assessment of the constitutionality of the COVID-19 regulations against the requirement to facilitate public participation in the law-making and/or administrative processes in South Africa

2021 ◽  
Vol 25 ◽  
pp. 1-36
Author(s):  
Ntokozo Sobikwa ◽  
Moses Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Public Participation ◽  
Legal Framework ◽  
Constitutional Democracy ◽  
The Core ◽  
The Law ◽  
The Government ◽  
Law Making

The purpose of this article is to critically assess the constitutionality of the COVID-19 regulations against the backdrop of the constitutional mandate to facilitate public participation in the law-making process in South Africa. This assessment is conducted by outlining the scope and content of public participation. This will be followed by an exposition of the legal framework that provides for the duty to facilitate public participation in South Africa. Thereafter, the scope and content of the duty to facilitate public participation is assessed against the conduct of the government in promulgating the COVID-19 regulations. The authors argue that the disregard for and limited nature of public participation during the process leading up to the enactment of the COVID-19 regulations amount to a material subversion of the core tenets of our constitutional democracy and largely renders the COVID-19 regulations unconstitutional for lack of procedural compliance with the demands of the Constitution. The authors provide a few recommendations to remedy the unconstitutionality of the regulations and further propose guidelines to facilitate public participation in cases of future pandemics and/or disasters of this nature.

4 The Use of Weapons and the Law of Targeting

2016 ◽  
Author(s):  
Boothby William H
Keyword(s):  
Customary Law ◽  
The Core ◽  
Additional Protocol ◽  
The Law ◽  
Legal Constraints

This chapter summarizes the core rules of the law of targeting making particular reference to Additional Protocol 1 (AP1). It examines the legal constraints that apply to the use of any weapon to undertake attacks. Customary law principles and rules and treaty provisions that regulate targeting are all noted. So, the principles of distinction and discrimination are explained, the rule of proportionality and other particular targeting law rules are summarized and the precautions that the law requires in attack and against the effects of attacks are mentioned. Specific rules of protection for particular persons and objects are also included in the discussion. The chapter concludes with an overview of reprisals.

Hybrid Warfare, Law, and the Fulda Gap

2018 ◽  
pp. 161-190 ◽  
Author(s):  
Aurel Sari
Keyword(s):  
Legal Framework ◽  
Legal Order ◽  
Critical Element ◽  
War And Peace ◽  
Hybrid Warfare ◽  
International Legal Order ◽  
Normative Expectations ◽  
Hybrid Threats ◽  
The Law ◽  
Do So

The law constitutes an integral and critical element of hybrid warfare. Law conditions how we conceive of and conduct war. By drawing a line between war and peace and between permissible and impermissible uses of force, the international legal framework governing warfare stabilizes mutual expectations among the warring parties as to their future behavior on the battlefield. Hybrid adversaries exploit this stabilizing function of the law in order to gain a military advantage over their opponents. They do so by failing to meet the relevant normative expectations, by using a range of means, including noncompliance with the applicable rules, by instrumentalizing legal thresholds, and by taking advantage of the structural weaknesses of the international legal order, while counting upon the continued adherence of their opponents to these expectations. The overall aim of hybrid adversaries is to create and maintain an asymmetrical legal environment that favors their own operations and disadvantages those of their opponents. This poses two principal challenges, one specific and one systemic in nature. Law is a domain of warfare. Nations facing hybrid threats should therefore prepare to contest this domain and strengthen their national and collective means to do so. At the same time, the instrumentalization of law poses profound challenges to the post–Second World War international legal order. Nations committed to that order cannot afford to respond to hybrid threats by adopting the same means and methods as their hybrid adversaries without contributing to its decay.

In Search of One Word's Meaning: Zaman in Early Twentieth-Century Kano

1997 ◽  
Vol 24 ◽  
pp. 95-115 ◽  
Author(s):  
Allan Christelow
Keyword(s):  
Twentieth Century ◽  
West African ◽  
Colonial Rule ◽  
Oral Discourse ◽  
Early Twentieth Century ◽  
British Rule ◽  
Do So

When Caliph Attahiru of Sokoto chose flight over submission to the British in March 1903, it was left to the blind and aging Waziri, Muhammad al-Bukhari, to provide those who remained behind with an explanation of how they could remain good Muslims while accepting infidel rule. Citing a text of the caliphate's founder, Shehu ʿUthman Dan Fodio, he argued that one could befriend the British with the tongue, without befriending them with the heart. It remained for others to develop the vocabulary that their tongues would need for this task.A particularly intriguing item in the vocabulary that emerged during the turbulent first decade of colonial rule was a new usage of zaman(time, era) that occurs in the records of the Emir of Kano's judicial council in such terms as hukm al-zaman (rule of the era) and ʿumur al-zaman (things of the era). It is worth noting that the judicial council did not keep written records before being instructed to do so by British Resident C.L. Temple in 1909, so the records might be seen as preserving what was essentially oral discourse—expressions of the tongue. These terms occur uniquely in relation to legal matters in which the British had intervened. Understanding them can shed new light on the religious and political adaptation of northern Nigerian Muslim leaders to life under British rule. To explore their meaning requires a threefold process of examining various usages and understandings of zaman in non-legal sources; describing how the judicial council used the word; and then analyzing how this usage may have been related to any of a number of influences, ranging from British officials to West African Islamic scholars to Western-educated North Africans passing through the region.

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