The History, Philosophy, and Sociology of Archaeology: The Case of the Ancient Monuments Protection Act (1882) (1990)

2008 ◽  
Author(s):  
Tim Murray
Keyword(s):  
Great Britain ◽  
Property Rights ◽  
House Of Commons ◽  
Liberal Government ◽  
Ancient Monuments ◽  
The Right ◽  
To Receive ◽  
State Interference ◽  
Made In

At the conclusion of his last speech as President of the Royal Anthropological Institute of Great Britain and Ireland (RAI) in 1872, Sir John Lubbock announced his intention to try to introduce legislation that would protect the ancient monuments of Great Britain. He was optimistic about his chances for success: ‘As there seems to be a general wish throughout the country to take some adequate steps for the preservation of these ancient monuments and graves of our forefathers, I am not without hope that the bill may meet with favourable reception’ (Lubbock 1872: 442). It transpired that the Ancient Monuments Protection Bill (AMPB) was to sorely try Lubbock’s patience and sap his optimism, because the Ancient Monuments Protection Act (AMPA) was not to receive royal assent until 1882, ten years after Lubbock’s resignation from the presidency of the RAIGBI. The long battle to get the first AMPA onto the statute books had entailed a great many compromises concerning the machinery of protection and the degree of state interference in the property rights of landed citizens. The most important of these compromises was made in 1881, when Lubbock changed his parliamentary tactics. After years of obstruction in the House of Commons, Lubbock abandoned his Private Member’s Bill and carried a resolution through the house that forced the Gladstone Liberal government to introduce a public bill of its own. This bill became the basis of the first AMPA, and it was a pale reflection of Lubbock’s own proposed measure, even exempting the monuments of Ireland from protection until the Ancient Monuments Protection (Ireland) Act 1892. In the second reading debate of the government’s bill (August 11, 1882) Lubbock observed: . . .As regards the present bill, while it was, no doubt, a step in the right direction, especially in providing for the appointment of an inspector, he could not hope that it would prove altogether effectual. It was natural that he should prefer the bill that had been before the house in previous sessions. . . . . . .

scholarly journals REALIZATION OF THE RIGHT TO HEALTHCARE OF CONVICTED WITH SERIOUS ILLNESS

2020 ◽  
Vol 73 (12) ◽  
pp. 2780-2784
Author(s):  
Oleksandra H. Yanovska ◽  
Oksana P. Kuchynska ◽  
Alona V. Chuhaievska
Keyword(s):  
Great Britain ◽  
Personal Experience ◽  
Case Law ◽  
State Of Health ◽  
Serious Illness ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Judicial Administration ◽  
The Right ◽  
To Receive

The aim of the study is to analyze the features of realization mechanism of the rights of convicted persons suffering from a serious illness to release from serving a sentence in order to receive the necessary treatment. Materials and methods: this study uses a set of methods of scientific knowledge. The empirical basis of the study is the statistics of the State Judicial Administration of Ukraine for 2015-2019 on convicts released from punishment due to their serious illness, statistical materials and case law of Turkey, Georgia, Great Britain, Germany and Greece, generalization of judicial practice of Ukraine, and the personal experience of one of the co-authors of more than 20 years as a lawyer and for 3 years as a judge of the Supreme Court. Conclusions: in order to protect the persons; interests serving sentences and suffering from serious illness, government mechanisms should provide flexibility in the approach to assessing the health of each person, and not just the detection of disease; the authorities assessing the convict's state of health must be independent, and a prisoner must be able to choose physicians not only for treatment but also for assessment of his/her state of health.

scholarly journals Distortions of Pedigrees by Descendants of Bishops' Servants when Approving Nobility by Birth

2019 ◽  
pp. 572-582
Author(s):  
Andrei V. Matison ◽  
Keyword(s):  
Social Status ◽  
Military Service ◽  
18Th Century ◽  
First Case ◽  
Late 18Th Century ◽  
The Right ◽  
To Receive ◽  
Made In

Falsifications of noble pedigrees have repeatedly been subject of historical studies, but researchers have not yet turned to the study of similar falsifications made by bishops’ servants and their descendants. Due to uncertainty of their social status, representatives of bishops’ boyar scions and ministry clerks made every effort to establish their nobility by birth. However, not many could apply for integration into gentlefolk. At the same time, their descendants, having gained the right to receive hereditary titles through military service, nevertheless, were at pains to achieve affiliation to “ancient” nobility to have the right to include their names in the part 6 of the gubernia genealogical books. This article describes two cases: distortion and outright falsification of private pedigrees made in the late 18th century by descendants of the Tver bishop's house servants when approving their nobility. In the first case, the great-grandson of the bishop's dyak, collegiate assessor Peter Posnikov only maintained his ancestors’ “ancient” nobility. In the second case, the descendant of the bishop’s boyar scions, collegiate assessor Nikita Voronov directly falsified his pedigree by “reading” it from homonimous nobles of Vologda. Posnikov failed to achieve his affiliation to the “ancient” nobility. Voronov’s fabricated evidence was judged convincing, and he and his family were mentioned in the part 6 of the genealogy book of the Tver guberbia and later recognized as “ancient” nobility by the Senate. In order to investigate Posnikov and Voronov’s claims to nobility, the author has studied the materials of the Tver Gubernia Noble Assembly of Deputies. To establish their original pedigree, the materials of scribe and census descriptions, as well as office documentation of the Tver bishop's house, have been used. Both cases are illustrative of how the descendants of the bishops' servants pursued their desire to achieve affiliation to “ancient” nobility.

The Law of Life Insurance in France as affected by a Recent Decision of the Supreme Court of Judicature

1872 ◽  
Vol 17 (3) ◽  
pp. 189-191
Author(s):  
M. Leon de Montluc
Keyword(s):  
Supreme Court ◽  
Life Insurance ◽  
Insurance Policies ◽  
The Supreme Court ◽  
The Law ◽  
Written Law ◽  
The Right ◽  
To Receive ◽  
Made In

Never was a more complete change suddenly brought about in the laws of a nation by legislative enactment than that which has taken place this year in France in the law of life insurance, in consequence of one single decision of the Supreme Court of Judicature, Up to the present time the construction given to the contract of life insurance in this country has been quite different from what it is in England. As there is no provision of written law that relates to life insurance, it being not even so much as mentioned in the Civil or Commercial Codes, people thought themselves justified in governing it by laws and rules of their own. For instance, although it is a principle of law common to both English and French jurisprudence (we may add, to the law of all legislating nations from time immemorial) that choses in action shall necessarily devolve upon our legal representatives after our death, it has hitherto been decided almost universally by French tribunals that an exception was to be made in favour of life insurance policies. By the advocates of that doctrine, the right in the sum assured was thought never to have vested in the person effecting the policy, and the assurance monies were said to be transferred directly, i. e., omisso medio, from the assurer to the party entitled to receive the sum assured; and that sum, accordingly, would not be liable to succession duty.

A right to mislead Parliament?

Legal Studies ◽  
1996 ◽  
Vol 16 (1) ◽  
pp. 63-83
Author(s):  
Adam Tomkins
Keyword(s):  
Relevant Information ◽  
Accurate Information ◽  
House Of Commons ◽  
Central Aspect ◽  
The Government ◽  
The Right ◽  
Made In

The assertion was recently made in the House of Commons that ministers have the right, in certain circumstances, to mislead Parliament, either by telling an outright lie, or by keeping quiet. This astonishing statement concerns a central aspect of the British constitution: namely the essential ability of Parliament to acquire accurate information about government, even (or perhaps especially) when the government does not want to give it. Despite popular cynicism as to the ability of politicians ever to tell the truth, not lying to Parliament has long been regarded as being of the utmost importance. The very survival of politicians in office has often been made dependent on whether it can be shown that they have misled Parliament: ‘John Profumo lost office not because of his sexual misbehaviour but because he lied to Parliament. When Mrs Thatcher narrowly survived the Westland affair the debate was on whether Parliament had been deceived’. The ability to ensure the effective acquisition of relevant information is essential to Parliament's key tasks of engaging in meaningful and effective debate, and of scrutinising the work of the executive:

scholarly journals CHAFARIZ DE SÃO JOSÉ DA CIDADE DE TIRADENTES E SUA INTERVENÇÃO DE RESTAURO

2016 ◽  
Author(s):  
Luiz Antonio da Cruz
Keyword(s):  
Historical Buildings ◽  
Education Project ◽  
Heritage Education ◽  
Cultural Life ◽  
The Social ◽  
The Right ◽  
To Receive ◽  
The City ◽  
Made In

ResumoTiradentes é protegida pelo IPHAN desde 1938, através do tombamento do Conjunto Arquitetônico e Urbanístico. Seus principais monumentos têm proteção individual e dentre eles está o Chafariz de São José, edificado em 1749. É um dos maiores e mais bonitos do Brasil colonial e construído em blocos de quartzito. É cercado por uma mureta com banco. Em sua fachada há três carrancas que jorram água em tanque abaulado. Há um oratório com a imagem de São José de Botas e acima o brasão de armas da Coroa Portuguesa. Encerrando a composição foram instalados dois pináculos e um acrotério com uma cruz, ambos na mesma rocha. Na lateral direita está o tanque para as lavadeiras e na esquerda o tanque para dar água aos animais. O chafariz é abastecido por água do Bosque da Mãe D’Água, conduzida por um aqueduto rústico, feito com o mesmo material pétreo. A cidade foi escolhida para abrigar um Caso do BNDES – Banco Nacional de Desenvolvimento Econômico e Social para a restauração, revitalização de seus monumentos e um Programa de Educação Patrimonial. Alguns monumentos já foram restaurados e entregues à comunidade, há obras em andamento e outras estão sendo licitadas para iniciarem ainda em 2016. O chafariz passou por obra de restauro e já foi entregue. O presente trabalho pretende apresentar o Chafariz de São José como monumento significativo no contexto sociocultural de Tiradentes, bem como analisar sua obra de restauro que acabou de ser concluída.Palavras Chave: Chafariz de São José, restauro, Tiradentes.  AbstractFOUNTAIN OF SÃO JOSÉ, CITY OF TIRADENTES, AND ITS INTERVENTION OF RESTORATION. The city of Tiradentes has been protected by IPHAN since 1938, under category “Architectonic and Urban Set”. Among the protected monuments is the Chafariz de São José – a public fountain built in 1749, surrounded by a short wall and stone bench. In the main facade there are three scowls that pour water. There is an oratory with the statue of São José de Botas, made in terracotta and above it is the Portuguese crown’s coat of arms. Enclosing the composition there are two pinnacles and a cross. On the right side we have a tank for the washerwomen and on the left we have a tank for animals. The water comes from Bosque da Mãe D’Água and is brought to the fountain through an aqueduct, made of quartzite blocks. The city was chosen to receive BNDES funding to restore historical buildings and a Heritage Education Project. Some of them have been restored and delivered to the community, some of them will still be restored. The present work intends to introduce Chafariz de São José as an important edification in the social and cultural life of Tiradentes and analyze its restoration.Keywords: Chafariz de São José, restauration, Tiradentes

The Sovereignty of the British Dominions: Law Overtakes Practice

1930 ◽  
Vol 24 (4) ◽  
pp. 971-989 ◽  
Author(s):  
W. Y. Elliott
Keyword(s):  
Great Britain ◽  
British Empire ◽  
General Principle ◽  
Status Quo ◽  
Civil Servants ◽  
Equal Status ◽  
Merchant Shipping ◽  
Constitutional System ◽  
The Right ◽  
Made In

It is interesting that this work by Professor Keith, who is acknowledged everywhere to be the most authoritative of the commentators on the constitutional system of the British Empire, should have appeared at the very moment when the Conference on Dominion Legislation and Merchant Shipping Laws began its sittings in London in October, 1929. If it was intended to guide their deliberations, the publication of the Report of the Conference in February, 1930, shows how widely a conservative statement of the existing law and practice will differ from the new structure of Dominion autonomy, once the Report is accepted by the Imperial Conference, by the Parliament in Great Britain, and by the legislatures of the Dominions. For where Professor Keith saw in the “equal status” of the now classic Balfour Report of 1926 only “exaggerated language,” “careless phraseology,” and “rhetoric,” the Conference took this “root-principle” seriously and applied it throughout. As the Conference contained all the most important legal advisers and civil servants of the governments concerned, besides four Dominion ministers, its report will almost certainly be accepted by the Imperial Conference.The experts recognized only one general principle from Professor Keith's work: that any changes which are to be made in the legal status quo in relation to certain subjects would have to be accomplished by acts of the British Parliament. These subjects are: (1) disallowance and reservation, (2) the extraterritorial operation of Dominion legislation, (3) the over-riding powers of British legislation laid down by the Colonial Laws Validity Act of 1865, (4) the right of Great Britain alone to legislate on royal titles and the succession to the throne, and (5) the making of basic changes in Merchant Shipping and Colonial Courts of Admiralty Acts.

Irish parliamentary elections, 1727–68

1947 ◽  
Vol 5 (19) ◽  
pp. 209-230 ◽  
Author(s):  
J. L. McCracken
Keyword(s):  
Eighteenth Century ◽  
Trinity College ◽  
House Of Commons ◽  
Parliamentary Elections ◽  
Trinity College Dublin ◽  
Sea Sand ◽  
Right To Vote ◽  
The Right ◽  
To Receive ◽  
Established Church

The Irish house of commons in the eighteenth century was composed of 300 members: two were elected by each of the 32 counties; two by 117 boroughs; and two by Trinity College, Dublin. Only protestants were returned, for by an English act of 1691 all members of the Irish house of commons were required to take oaths of allegiance and supremacy. Catholics could still exercise the franchise until 1727, but an act of that year deprived them of the right to vote. The dissenters were equally excluded: a clause in an act of 1704 requiring all office-holders to receive communion according to the usage of the established church excluded them from the corporations and indirectly from the house of commons. Even the minority that remained was very inadequately represented.In the counties the leading landlords were able to influence the return of members, and many of the Irish boroughs were quite as rotten as any in England prior to 1832. Bannow in co. Wexford, for example, was a mountain of sea-sand without a single inhabited house; at Clonmines in the same county there was one solitary house; at Harristown in co. Kildare there was none. A traveller in Ireland in 1755 found Naas ‘a shabby looking place’; Castle Dermot ‘a very poor town’; Callen ‘a poor dirty town, interspersed with the numerous ruins of old castles and religious houses’; Rathcormac ‘a poor borough’; and Kilmallock ‘a spacious street, composed of houses, which, though magnificent, were windowless and roofless’. The conclusion he came to was: ‘Happy would it be for Ireland, if her corporate towns were divested of the privilege of returning representatives to the great council of the nation; for it becomes the selfish policy of the lord of the soil to impoverish the voters into compliance’.

Cunning as a snake: Thomas More and the right to stay silent (with a long digression on Seneca)

Moreana ◽  
2020 ◽  
Vol 57 (Number 213) (1) ◽  
pp. 63-88
Author(s):  
Giorgio Faro
Keyword(s):  
House Of Commons ◽  
Thomas More ◽  
Speaker Of The House ◽  
History Of ◽  
Analytical Assessment ◽  
The Right ◽  
Made In

The article examines the reasons for silence in Thomas More, starting from his History of King Richard the III, considering then his actions as speaker of the House of Commons and later as Chancellor, and, finally, his refusal to take the oath to uphold the Acts of Succession and Supremacy. Another relevant subtopic takes a cue from Seneca's assertions about silence (in his Œdipus) to allow the author, after careful reading of a paper published by F. Mitjans on Moreana, to correct an assertion made, in an earlier essay, in regard to the Seneca details in Lockey's copy of Holbein's More family portrait, as well as to present a more analytical assessment of the relevance of Seneca's presence in More's works (only More's two latter works are taken into account here). It turns out that More cites Seneca more often than has been thought, but with certain fairly crucial reservations, which should—at least in part—explain More's apparent reluctance to quote Seneca's name: another case of silence, which needs to be probed.

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