Possession and Title to Chattels

2021 ◽  
pp. 99-126
Author(s):  
Luke Rostill
Keyword(s):  
General Property ◽  
Property Interest ◽  
The World ◽  
The Absolute ◽  
The Law

This chapter considers the nature of the title that is acquired through taking possession of a chattel. It argues that the possessor acquires a general property interest in respect of the chattel. This is an alienable proprietary interest that is capable of lasting forever, will survive a loss of possession, and includes a right to exclude the world at large. The chapter explains that this argument is compatible with (a) the law concerning the jus tertii; and (b) the rule that a possessor must be presumed, for certain purposes, to be the ‘absolute and complete owner’ of the chattel, unless a person with a better right can be identified.

scholarly journals Some Things Worth While in Theology

1910 ◽  
Vol 3 (4) ◽  
pp. 375-402
Author(s):  
George A. Gordon
Keyword(s):  
Religious Belief ◽  
Christian Faith ◽  
Human Being ◽  
John Henry Newman ◽  
Religious Thought ◽  
Infinite Space ◽  
The World ◽  
The Absolute ◽  
The Law

The first step into clearness in the bewildering total of the subjects of theological science would seem to be an agreement concerning the true perspective of faith. In some way or other the world of religious thought needs to be ordered in different degrees of worth. Some scheme involving a gradation of rank, valid for the religious human being, should be imposed upon the objects of religious concern. Relativity is the law of our being,—not the relativity which excludes, but that which is contained in, the absolute, as the planet in infinite space; and a deep and sure grasp of this law would seem to be of the utmost moment in theology. The story is told that Francis W. Newman, the radical, made a journey from London to Birmingham to discuss the profounder issues of religious belief with his brother, John Henry Newman, the Catholic; and when the question arose as to the axiom from which debate should begin, the Catholic proposed to the radical as the surest principle of faith the infallibility of the Pope. This story has, if not literal, at least symbolic truth. It serves admirably as an illustration of Cardinal Newman's sense of the perplexity and contradiction of his time, and his fine irony. It is almost needless to add that, while men are thus at variance concerning the relative security and value of the different interests of Christian faith, discussion can be nothing but a discipline in confusion.

The World after the End of the World

2017 ◽  
Vol 39 (2) ◽  
pp. 265-276 ◽  
Author(s):  
Kas Saghafi
Keyword(s):  
The Other ◽  
The World ◽  
History Of ◽  
The Absolute ◽  
End Of The World

In several late texts, Derrida meditated on Paul Celan's poem ‘Grosse, Glühende Wölbung’, in which the departure of the world is announced. Delving into the ‘origin’ and ‘history’ of the ‘conception’ of the world, this paper suggests that, for Derrida, the end of the world is determined by and from death—the death of the other. The death of the other marks, each and every time, the absolute end of the world.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

New and not so new strategies in promoting integrity with particular reference to Africa

2018 ◽  
pp. 38-74
Author(s):  
Barry Rider
Keyword(s):  
World Economy ◽  
Intelligence Community ◽  
Generational Change ◽  
Post Colonial ◽  
Self Interest ◽  
The World ◽  
The Will ◽  
The Law ◽  
Financial Intelligence ◽  
New Strategies

This article is focused on exploration not merely proposed developments in and refinements of the law and its administration, but the very significant role that financial intelligence can and should play in protecting our societies. It is the contention of the author that the intelligence community at large and in particular financial intelligence units have an important role to play in protecting our economies and ensuring confidence is maintained in our financial institutions and markets. In this article the author considers a number of issues pertinent to the advancement of integrity and in particular the interdiction of corruption to some degree from the perspective of Africa. The potential for Africa as a player in the world economy is enormous. So far, the ambiguous inheritance of rapacious empires and the turmoil of self-dealing elites in post-colonial times has successfully obscured and undermined this potential. Indeed, such has been the mismanagement, selfishness and importuning that many have grave doubts as to the ability of many states to achieve an ordered transition to what they could and should be. South Africa is perhaps the best example of a society that while avoiding the catastrophe that its recent past predicted, remains racked by corruption and mismanagement. That there is the will in many parts of the continent to further stability and security by addressing the cancer of corruption, the reality is that few have remained or been allowed to remain steadfast in their mission and all have been frustrated by political self-interest and lack of resources. The key might be education and inter-generational change as it has been in other parts of the world, but only an optimist would see this coming any time soon – there is too much vested interest inside and outside Africa in keeping things much as they are! The author focuses not so much on attempting to perfect the letter of the law, but rather on improving the ways in which we administer it.

Consciousness, law of nature, and nomological determinism

2018 ◽  
Author(s):  
Xiaoyang Yu
Keyword(s):  
Free Will ◽  
Important Thing ◽  
Law Of Nature ◽  
The World ◽  
The Law ◽  
The Brain

Nomological determinism does not mean everything is predictable. It just means everything follows the law of nature. And the most important thing Is that the brain and consciousness follow the law of nature. In other words, there is no free will. Without life, brain and consciousness, the world follows law of nature, that is clear. The life and brain are also part of nature, and they follow the law of nature. This is due to scientific findings. There are not enough scientific findings for consciousness yet. But I think that the consciousness is a nature phenomenon, and it also follows the law of nature.

Maxims

2019 ◽  
pp. 654-669
Author(s):  
Donald R. Davis
Keyword(s):  
Islamic Law ◽  
Legal Interpretation ◽  
Legal Practice ◽  
Moral Foundation ◽  
Legal Principles ◽  
Legal Traditions ◽  
The World ◽  
The Law

This chapter examines the history and use of maxims in legal traditions from several areas of the world. A comparison of legal maxims in Roman, Hindu, Jewish, and Islamic law shows that maxims function both as a basic tools for legal interpretation and as distillations of substantive legal principles applicable to many cases. Maxims are characterized by their unquestionable character, even though it is often easy to demonstrate contradictions between them. As a result, legal maxims seem linked to the recurrent desire for law to have a moral foundation. Although maxims have lost their purchase in most contemporary jurisprudence and legal practice, categories such as “canons of construction,” “legal principles,” and “super precedents” all show similarities to the brief and limited collections of maxims in older legal traditions. The search for core ideas underlying the law thus continues under different names.

scholarly journals Creation of Technical Conditions for Use or Infringement – The Meanders of the Warehouse Keeper’s Liability in Light of CJEU Judgment C-567/18 Coty Germany

2021 ◽  
Vol 52 (3) ◽  
pp. 265-282
Author(s):  
Krystyna Szczepanowska-Kozłowska
Keyword(s):  
Property Rights ◽  
Point Of View ◽  
Literal Meaning ◽  
Property Right ◽  
Third Party ◽  
Property Law ◽  
Industrial Property ◽  
The Absolute ◽  
The Law ◽  
Trademark Use

AbstractOne form of industrial property right infringement is stocking for the purpose of offering or marketing. This form of infringement appears both in EU legal acts on trademarks or designs, as well as in national regulations, including those concerning patents. What is specific to stocking when compared to other activities comprising the stipulated exclusivity of the holder of industrial property rights is the fact that the literal meaning of “stocking” does not explain whether the infringing party or the warehouse keeper is the entity that places the goods in storage. The structure of industrial property rights as absolute rights would theoretically permit the view that the law is violated by both the entity that accepts the goods for storage and the entity that places such goods in storage. To determine if there is an infringement, it must be established what the goods being stocked are further intended for. It is not without significance that the finding of an infringement of industrial property rights does not depend on fault or awareness. From the point of view of the industrial property law regime, it is difficult to find arguments against this understanding of infringement by stocking. Since the offeror of goods infringing industrial property rights may be held liable even if the goods have not yet been manufactured, it is conceivable that the entity accepting such goods for stocking is also liable. This interpretation of the concept of stocking would certainly correspond to the absolute nature of liability for infringement.In a recent judgment the CJEU confirmed that the warehouse keeper who, on behalf of a third party, stores goods which infringe trademark rights only creates the technical conditions for trademark use by this third party provided that the warehouse keeper is not aware of that infringement. The CJEU also confirmed that only the person who decides about the purpose of storing the goods can be treated as an infringer. However, the CJEU did not respond to the question regarding whether the warehouse keeper could be treated as an infringer if it pursues the aims of storing the goods at the request of the entity that put the goods into storage.

Celibacy and Charism in 1 Cor 7:5–7

1996 ◽  
Vol 89 (1) ◽  
pp. 1-18 ◽  
Author(s):  
John C. Poirier ◽  
Joseph Frankovic
Keyword(s):  
Sexual Activity ◽  
The World ◽  
The Law ◽  
Current Circulation

The diversity among introductions to Paul is a tribute to the apostle's genius. There are two basic reasons for the diversity of opinion that exists today: First, internal incoherency—the difficulty of sorting Paul's thought into center and periphery (or event and context); and second, external incoherency—the gaps in our information about one of the most famous and interesting lives of all time. No consensus has emerged on the question of Paul's place in the world. We make this point not because this study will address the problem directly, but because we shall make inferences from one of the views in current circulation, namely that there is a basis to Paul's claim to Pharisaism (Phil 3:5). Attacking this view, some scholars have thought of him as a “would-be Pharisee” at best. We, nevertheless, think that the preponderance of evidence situates Paul in a universalist Jewish, probably Pharisaic, context. Paul believed that many of the law's prescriptions were still valid. As an illustration of Paul's belief in the continuing validity of the law, this essay attempts to show that 1 Cor 7:5–7 is best understood in the context of ritual purity concerns. These concerns include both the injunction for spouses to abstain from sexual activity for a time of prayer and Paul's defense of a celibate lifestyle within his own charismatic self-understanding.

The benefits and disadvantages of the law on the expansion of the jurisdiction of the DIFC Court

2018 ◽  
Vol 60 (2) ◽  
pp. 221-232
Author(s):  
Tareq Na’el Al-Tawil ◽  
Prabhakar Gantasala ◽  
Hassan Younies
Keyword(s):  
English Language ◽  
Geographical Area ◽  
Legal Framework ◽  
Negative Consequences ◽  
Content Type ◽  
Limited Volume ◽  
Financial Centre ◽  
The World ◽  
Long Time ◽  
The Law

Purpose This paper aims to discuss the benefits and disadvantages of the law on the expansion of the jurisdiction of the Dubai International Financial Centre (DIFC) Court. The major role of DIFC Courts in the Arab community is to handle cases related to commerce and business. For a long time, the court had been acting only in their geographical area until a new law was enacted to extend their jurisdiction all over the world. Afterward, a lot of criticism emerged as for why and how the court will benefit from such actions. The law has drawn a harsh response, although most benefits have also been experienced since the court received quite a large number of new signings. Interaction at the world business forum has benefited the economy of Dubai thanks to the law. Design/methodology/approach The following study focuses on a description of such benefits and drawbacks. The study does not evaluate a factual process of expansion but indicates the most distinct evidence of positive, as well as negative consequences of the expansion. Findings It is appropriate to make a general comment on the fact that the expansion of DIFC Court is not sufficiently effective at the current stage. Needless to say, it contains numerous positive aspects, but the gaps are evidently essential because they place the entire Court in a hard circumstance. The Court does not have a well-developed legal framework for its new area of jurisdiction as long as its limited volume of prior precedent is a distinct sign of the Court’s dependence on the UAE’s Law. In such way, DIFC Court will not be able to address issues within new fields of jurisdiction, as it simply lacks an expertise and international law in its legal framework. Moreover, the jurisdiction over new areas of international business was not verified with a plain system of mediation, which is why a current expansion of DIFC Court has to be recognized as redundant. However, its advantages are tending to produce their effects provided that the Court manages to address its current problems. Originality/value The study has described the basic benefits and drawbacks of DIFC Court expansion. To speak about the main benefits, they can be depicted as appliance of the common law, unification of English language for proceedings, presence of a preliminary arbitration and guarantees of award enforcement. In a similar way, the drawbacks of the expansion have been issued. The study has identified such drawbacks as lack of international and sophisticated expertise, untested legal framework, strong influence of forum non conveniens, and existence of a limited volume of prior precedent. The paper has not assessed a success of a factual expansion of DIFC Court jurisdiction, but it has managed to fulfill its primary purpose. Thus, the paper has identified a certain tendency concerning the expansion.

Under and beyond the Law: Monarchy, Violence, and History in Thailand

2021 ◽  
Vol 49 (3) ◽  
pp. 311-336
Author(s):  
Tyrell Haberkorn
Keyword(s):  
The Absolute ◽  
The Law

Since the end of the absolute monarchy in Thailand on June 24, 1932, the rulers and the ruled have been locked into struggle, often violent, over what form the polity and the people’s participation in it should take. This essay examines this struggle, the imagination of justice, and the inability to consolidate democracy, or even a stable government, through the lens of the monarchy, which has remained beyond accountability. Violence committed to preserve the monarchy forecloses democracy and fosters a form of what can be called modern absolutist monarchy, when some lives are visibly placed beyond the law’s protection from violence and others are made dispensable by being made subject to repressive enforcement of the law. The emergence in 2020 of a daring challenge to the position of the monarchy beyond the law refracts both the dangers it poses to democracy and the urgency of imagining a new Thai polity.

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