Possession and Title to Land

2021 ◽  
pp. 53-98
Author(s):  
Luke Rostill
Keyword(s):  
Traditional View ◽  
The Core ◽  
The Law ◽  
Mere Possession ◽  
Core Features ◽  
Main Strategy

This chapter examines the nature of the title that is acquired through taking possession of land. It argues that the traditional view, which is that mere possession is not a source of freehold title, is plausible only if one overlooks how the law has evolved. Today, one can acquire a fee simple estate simply through taking possession. The chapter seeks to marshal new arguments in support of this claim. Its main strategy is to analyse the incidents of the possessor’s interest with a view to showing that it has the core features of a fee simple estate. It also considers the scope of the rule and analyses a number of objections.

Understanding Administrative Law in the Common Law World

2021 ◽  
Author(s):  
Paul Daly
Keyword(s):  
Future Development ◽  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
Administrative Action ◽  
The Core ◽  
The Common ◽  
The Law ◽  
Pluralist Approach ◽  
Core Features

This book has three goals: to enhance understanding of administrative law; to guide future development of the law; and to justify the core features of the contemporary law of judicial review of administrative action. Around the common law world, the law of judicial review of administrative action has changed dramatically in recent decades, accelerating a centuries-long process of incremental evolution. This book offers a fresh framework for understanding the core features of contemporary administrative law. Through comparative analysis of case law from Australia, Canada, England, Ireland and New Zealand, Dr Daly develops an interpretive approach by reference to four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy. The interaction of this plurality of values explains the structure of the vast field of judicial review of administrative action: institutional structures, procedural fairness, substantive review, remedies, restrictions on remedies and the scope of judicial review, everything from the rule against bias to jurisdictional error to the application of judicial review principles to non-statutory bodies. Addressing this wide array of subjects in detail, Dr Daly demonstrates how his pluralist approach, with the values being employed in a complementary and balanced fashion, can enhance academics’, students’, practitioners’ and judges’ understanding of administrative law. Furthermore, this pluralist approach is capable of guiding the future development of the law of judicial review of administrative action, a point illustrated by a careful analysis of the unsettled doctrinal area of legitimate expectation. Dr Daly closes by arguing that his values-based, pluralist framework supports the legitimacy of contemporary administrative law which although sometimes called into question in fact facilitates the flourishing of individuals, of public administration and of the liberal democratic system.

Military Professionalism and Humanitarian Law

2018 ◽  
Author(s):  
Yishai Beer
Keyword(s):  
International Law ◽  
Humanitarian Law ◽  
New Paradigm ◽  
The Core ◽  
Humanitarian Mission ◽  
Self Defense ◽  
Professional Perspective ◽  
The Law ◽  
Preemptive Strike ◽  
Military Professionalism

This book seeks to revitalize the humanitarian mission of the international law governing armed conflict, which is being frustrated due to states’ actual practice. In order to achieve its two aims—creating an environment in which full abidance by the law becomes an attainable norm, thus facilitating the second and more important aim of reducing human suffering—it calls for the acknowledgment of realpolitik considerations that dictate states’ and militaries’ behavior. This requires recognition of the core interests of law-abiding states, fighting in their own self-defense—those that, from their militaries’ professional perspective, are essential in order to exercise their defense. Internalizing the importance of existential security interests, when drawing the contours of the law, should not automatically come at the expense of the core values of the humanitarian agenda—for example, the distinction rule. Rather, it allows more room for the humanitarian arena. The suggested tool to allow for such an improved dialogue is the standards and principles of military professionalism. Militaries function in a professional manner; they respect their respective doctrines, operational principles, fighting techniques, and values. Their performances are not random or incidental. The suggested paradigm surfaces and leverages the constraining elements hidden in military professionalism. It suggests a new paradigm in balancing the principles of military necessity and humanity, it deals with the legality of a preemptive strike and the leveraging of military strategy as a constraining tool, and it offers a normative framework for introducing deterrence within the current contours of the law.

Reduced Jumping to Conclusion Bias after Experimentally Induced Enhancement of Subjective Body Boundaries in Psychosis

2021 ◽  
Vol 54 (2) ◽  
pp. 92-97
Author(s):  
Naomi Lyons ◽  
Detlef E. Dietrich ◽  
Johannes Graser ◽  
Georg Juckel ◽  
Christian Koßmann ◽  
...  
Keyword(s):  
Sense Of Self ◽  
Psychotic Symptoms ◽  
Control Group ◽  
Implicit Measure ◽  
Relevant Factor ◽  
The Core ◽  
Significant Difference ◽  
Explicit Measure ◽  
Experimental Group ◽  
Core Features

<b><i>Introduction:</i></b> A disturbed sense of self is frequently discussed as an etiological factor for delusion symptoms in psychosis. Phenomenological approaches to psychopathology posit that lacking the sense that the self is localized within one’s bodily boundaries (disembodiment) is one of the core features of the disturbed self in psychosis. The present study examines this idea by experimentally manipulating the sense of bodily boundaries. <b><i>Methods:</i></b> Seventy-three patients with psychosis were randomly assigned to either a 10-min, guided self-massage in the experimental group (EG) to enhance the sense of bodily boundaries or a control group (CG), which massaged a fabric ring. Effects on an implicit measure (jumping to conclusion bias; JTC) and an explicit measure (Brief State Paranoia Checklist; BSPC) of delusion processes were assessed. The JTC measures the tendency to make a decision with little evidence available, and the BSPC explicitly measures the approval of paranoid beliefs. <b><i>Results:</i></b> Patients in the EG showed a lower JTC (<i>M</i> = 4.11 draws before decision) than the CG (<i>M</i> = 2.43; Cohen’s <i>d</i> = 0.64). No significant difference in the BSPC was observed. <b><i>Discussion/Conclusion:</i></b> Our results indicate that enhancing the sense of body boundaries through a self-massage can reduce an implicit bias associated with delusional ideation and correspondingly support the idea that disembodiment might be a relevant factor in the formation of psychotic symptoms.

scholarly journals CASTING THE LIGHT OF THE THEORY OF OPPOSITION ONTO HOHFELD'S FUNDAMENTAL LEGAL CONCEPTS

Legal Theory ◽  
2021 ◽  
pp. 1-34
Author(s):  
João Alberto de Oliveira Lima ◽  
Cristine Griffo ◽  
João Paulo A. Almeida ◽  
Giancarlo Guizzardi ◽  
Marcio Iorio Aranha
Keyword(s):  
Conceptual Framework ◽  
Legal Theory ◽  
Analytical Framework ◽  
The Core ◽  
Recent Developments ◽  
The Law ◽  
Opposition Theory ◽  
Legal Concepts ◽  
Number Of Authors

Abstract At the core of Hohfeld's contribution to legal theory is a conceptual framework for the analysis of the legal positions occupied by agents in intersubjective legal relations. Hohfeld presented a system of eight “fundamental” concepts relying on notions of opposition and correlation. Throughout the years, a number of authors have followed Hohfeld in applying the notion of opposition to analyze legal concepts. Many of these authors have accounted for Hohfeld's theory in direct analogy with the standard deontic hexagon. This paper reviews some of these accounts and extends them employing recent developments from opposition theory. In particular, we are able to extend application of opposition theory to an open conception of the law. We also account for the implications of abandoning the assumption of conflict-freedom and admitting seemingly conflicting legal positions. This enables a fuller analysis of Hohfeld's conceptual analytical framework. We also offer a novel analysis of Hohfeld's power positions.

scholarly journals The Code of Capital: How the Law Creates Wealth and Inequality – Core Themes

2021 ◽  
Vol 11 (1) ◽  
pp. 1-7
Author(s):  
Katharina Pistor
Keyword(s):  
Coercive Power ◽  
Private Law ◽  
The Core ◽  
The Law ◽  
The Right

Abstract In this brief introduction, I summarize the core themes of my book “The Code of Capital: How the Law Creates Wealth and Inequality”. Capital, I argue, is coded in law – predominantly in a handful of private law institutions. By relying on legal coding techniques, asset holders invoke the right to enforce claims against others, if necessary with the help of the state’s coercive power.

scholarly journals The Dynamics of Musical Participation

2021 ◽  
pp. 102986492098831
Author(s):  
Andrea Schiavio ◽  
Pieter-Jan Maes ◽  
Dylan van der Schyff
Keyword(s):  
Dynamical System ◽  
Dynamical Systems ◽  
Systems Theory ◽  
Dynamical Systems Theory ◽  
Coordination Dynamics ◽  
Musical Experience ◽  
The Core ◽  
Interactive Dynamics ◽  
Interdisciplinary Scholarship ◽  
Core Features

In this paper we argue that our comprehension of musical participation—the complex network of interactive dynamics involved in collaborative musical experience—can benefit from an analysis inspired by the existing frameworks of dynamical systems theory and coordination dynamics. These approaches can offer novel theoretical tools to help music researchers describe a number of central aspects of joint musical experience in greater detail, such as prediction, adaptivity, social cohesion, reciprocity, and reward. While most musicians involved in collective forms of musicking already have some familiarity with these terms and their associated experiences, we currently lack an analytical vocabulary to approach them in a more targeted way. To fill this gap, we adopt insights from these frameworks to suggest that musical participation may be advantageously characterized as an open, non-equilibrium, dynamical system. In particular, we suggest that research informed by dynamical systems theory might stimulate new interdisciplinary scholarship at the crossroads of musicology, psychology, philosophy, and cognitive (neuro)science, pointing toward new understandings of the core features of musical participation.

International Economic Law Tribunals and Global Social Justice

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Frank J. Garcia
Keyword(s):  
International Economic ◽  
Social Justice ◽  
Social Issues ◽  
Structural Features ◽  
The Core ◽  
Economic Law ◽  
International Economic Law ◽  
The Law ◽  
Principles Of Justice ◽  
International Adjudication

Abstract International courts play a key role in the attainment of global social justice objectives. The core contributions of international adjudication to global social justice are, not surprisingly, in line with the core functions of adjudication: the enforcement of substantive rights in a setting of fair procedures. Fully realizing the potential for justice inherent in this role is limited, however, by certain institutional and structural features unique to international adjudication. This article analyzes these opportunities, challenges, and background conditions in the context of international economic law (IEL) adjudication, where the results are mixed. For example, one can see in the case of the World Trade Organization (WTO) evidence of institutional and doctrinal evolution, albeit uneven, toward more substantively progressive outcomes. In the case of the foreign investment regime, however, one can see evidence of this regime retarding global social justice rather than advancing it. This makes it all the more important that all judges and arbitrators in IEL adjudications consider carefully the interpretive, remedial, and progressive roles that principles of justice can play in adjudication, particularly in the face of any deficiencies in procedural or substantive justice in the law or forum within which they operate. The work of IEL adjudication offers a number of possible sites for interpretive practices according to principles of justice, such as the resolution of disputes involves difficult interpretive questions centered around fairness and unfairness; equality and inequality of treatment; the scope of exceptions; and the meaning of evolutionary terms. Capitalizing on these opportunities and moving IEL adjudication toward global social justice requires what effective judging always requires: a vision of the goals of the institutions and regimes in question; an understanding of the social issues the regime either was created to address or touches incidentally through its actions and externalities; careful attention to the relationships among the relevant actors and their expectations; and a sophisticated understanding of the legal context and legislative history of the law in question.

The Muslim and the Law: A Brunei Experience

2017 ◽  
Vol 3 ◽  
Author(s):  
Zabaidah Haji Kamaludin
Keyword(s):  
Islamic Law ◽  
Critical Factor ◽  
Legal Issues ◽  
Core Element ◽  
The Core ◽  
Ideal System ◽  
The Law ◽  
Islamic Values

An Islamic system of governance is an ideal system, which is a tantalising objective for many Muslims but often times not achieved in practice. Countries may call themselves ‘Islamic’ but the core element of Islamicity, that of values such as compassion, equity and justice may not have breached the consciousness of their leaders and citizens. Sometimes it is individuals who act as the catalyst for sparking action. For a Muslim, it is his īmān that serves to light his conscience, and guiding him the dispensation of his everyday tasks within his organisation. This individualised īmān may at times serve as a small but critical factor tilting the different organisational functions of government towards integrations under an Islamic system of governance. This paper recounts the challenges of a Muslim engaging in legal issues in a non-Islamic context, seeking to help enable his organisation to undertake the role of incorporating non-Islamic law with Islamic values.

Jewish Body Politics

2018 ◽  
Author(s):  
Eliyahu Stern
Keyword(s):  
United States ◽  
Minority Rights ◽  
The United States ◽  
Body Politics ◽  
Eastern European ◽  
The Core ◽  
Two Sides ◽  
Core Features

The idea of a Jewish body provides the background to understand the major Jewish migrations, the core features of modern Jewish politics, the transformation of Judaism as a religion and the role played by Jews in the Minority Rights Movement. Eastern European Jews’ immigration to the United States or Palestine as two sides of the same coin.

scholarly journals Switching perception of musical meters by listening to different acoustic cues of biphasic sound stimulus.

2020 ◽  
Author(s):  
Sotaro Kondoh ◽  
Kazuo Okanoya ◽  
Ryosuke O Tachibana
Keyword(s):  
Music Perception ◽  
Sound Stimulus ◽  
Acoustic Cues ◽  
Point Scale ◽  
Top Down ◽  
Bottom Up ◽  
The Core ◽  
Entire Structure ◽  
Core Features

Meter is one of the core features of music perception. It is the cognitive grouping of regular sound sequences, typically for every 2, 3, or 4 beats. Previous studies have suggested that one can not only passively perceive the meter from acoustic cues such as loudness, pitch, and duration of sound elements, but also actively perceive it by paying attention to isochronous sound events without any acoustic cues. Studying the interaction of top-down and bottom-up processing in meter perception leads to understanding the cognitive system’s ability to perceive the entire structure of music. The present study aimed to demonstrate that meter perception requires the top-down process (which maintains and switches attention between cues) as well as the bottom-up process for discriminating acoustic cues. We created a “biphasic” sound stimulus, which consists of successive tone sequences designed to provide cues for both the triple and quadruple meters in different sound attributes, frequency, and duration, and measured how participants perceived meters from the stimulus in a five-point scale (ranged from “strongly triple” to “strongly quadruple”). Participants were asked to focus on differences in frequency and duration. We found that well-trained participants perceived different meters by switching their attention to specific cues, while untrained participants did not. This result provides evidence for the idea that meter perception involves the interaction between top-down and bottom-up processes, which training can facilitate.

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