Social Status, Legal Status and Legal Privilege

2016 ◽  
Author(s):  
Tristan S. Taylor
Keyword(s):  
Social Status ◽  
Legal Status ◽  
Roman Law ◽  
Complex Relationship ◽  
Legal Rules ◽  
Social Elite ◽  
The Social ◽  
The Law ◽  
Social Esteem ◽  
The Impact

The legal categories under the Roman law of persons tell us relatively little about social status. The impact of social status on law is best understood through an examination of elite views of rank and social status. Rank and social status were closely connected as these elite markers of social esteem were requirements for admission to elite ranks. Social status bore a complex relationship to legal status: possession of the legal statuses of citizenship and free birth was a prerequisite for certain ranks, which conferred social status. Legal rules helped guide the behaviour of the social elite. Social status, rather than legal status, conferred advantages in the law, both in the structure of the legal system and through the monopoly of members of the social elite over the application of the law. These advantages could be mitigated by recourse to the patronage or petitioning of an official or the emperor.

Normalization and the Limits of the Law: The Case of the Czech Jazz Section

2008 ◽  
Vol 22 (2) ◽  
pp. 282-318
Author(s):  
Peter Bugge
Keyword(s):  
Legal Status ◽  
Social Activism ◽  
Social Discourse ◽  
Window Of Opportunity ◽  
Cultural Institutions ◽  
Law And Order ◽  
The Social ◽  
The Law ◽  
The Impact

The Jazz Section was one of the most remarkable cultural institutions in “normalized” Czechoslovakia. Established in 1971 as part of the official Musicians' Union, the Jazz Section used its legal status to arrange jazz and rock concerts and to publish a variety of books without the permission or consent of the Communist authorities. From the late 1970s, the regime strove hard to close the Section; however, it survived until 1984. Only in 1986 did the regime find a way to prosecute its leading activists. This article investigates why persecution proved so troublesome. It focuses on the impact of the Jazz Section's legalistic strategy, and on the role of legal concerns in regime behavior. It argues that references to “law and order” had a central legitimizing function in the social discourse of the Husák regime, and that the resulting need to translate policies of repression into legal measures inhibited the authorities in their assertion of power and created an ambiguous window of opportunity for independent social activism.

‘Unnatural Carnal Connection’: Bestiality and the Law in Early Twentieth-century Scotland

2018 ◽  
pp. 51-73
Author(s):  
Roger Davidson
Keyword(s):  
Twentieth Century ◽  
Veterinary Medicine ◽  
Social Status ◽  
World War ◽  
Continuity And Change ◽  
The Social ◽  
The First World War ◽  
The Law ◽  
The Impact ◽  
First World

Chapter 4 constitutes a pioneering study of the practice and prosecution of bestiality in twentieth-century Scotland. In turn, it examines the social status, background, lifestyle and possible motive of offenders, the nature and location of the crime committed, and the process by which it was brought to the attention of the law. The variety of roles undertaken by the police in investigating complaints and preparing evidence for the Procurators Fiscal is detailed. In addition, the significant contribution of forensic and veterinary medicine to building the prosecution case is illustrated, as is the limited use of psychiatric evidence after the First World War. The chapter also discusses the impact of the social taboo surrounding bestiality on the reluctance of Procurators Fiscal at times to initiate prosecutions and the secretive nature of many trial proceedings. Finally, sentencing practices in the period 1900−30 are examined and the degree of continuity and change in medico-legal perceptions of the offence identified..

scholarly journals Love in the time of Covid-19: a case-study of the complex laws governing weddings

Legal Studies ◽  
2021 ◽  
pp. 1-17
Author(s):  
Rebecca Probert ◽  
Stephanie Pywell
Keyword(s):  
First Century ◽  
Marriage Law ◽  
England And Wales ◽  
General Law ◽  
The Social ◽  
The Future ◽  
Fit For Purpose ◽  
The Law ◽  
The Impact

Abstract During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been affected by Covid-19. The 1,449 responses we received illustrated that the ease and speed with which couples had been able to marry, and sometimes whether they had been able to marry at all, had depended not merely on the national restrictions in place but on their chosen route into marriage. This highlights the complexity and antiquity of marriage law and reinforces the need for reform. The restrictions on weddings taking place also revealed the extent to which couples valued getting married as opposed to having a wedding. Understanding both the social and the legal dimension of weddings is important in informing recommendations as to how the law should be changed in the future, not merely to deal with similar crises but also to ensure that the general law is fit for purpose in the twenty-first century.

scholarly journals Migration infrastructures and the production of migrants’ irregularity in Japan and the United Kingdom

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Nando Sigona ◽  
Jotaro Kato ◽  
Irina Kuznetsova
Keyword(s):  
Legal Status ◽  
Qualitative Interviews ◽  
Legal Violence ◽  
The United Kingdom ◽  
The Social ◽  
Access And Quality ◽  
The Uk ◽  
The Impact

AbstractThe article examines the migration infrastructures and pathways through which migrants move into, through and out of irregular status in Japan and the UK and how these infrastructures uniquely shape their migrant experiences of irregularity at key stages of their migration projects.Our analysis brings together two bodies of migration scholarship, namely critical work on the social and legal production of illegality and the impact of legal violence on the lives of immigrants with precarious legal status, and on the role of migration infrastructures in shaping mobility pathways.Drawing upon in-depth qualitative interviews with irregular and precarious migrants in Japan and the UK collected over a ten-year period, this article develops a three-pronged analysis of the infrastructures of irregularity, focusing on infrastructures of entry, settlement and exit, casting a comparative light on the mechanisms that produce precarious and expendable migrant lives in relation to access to labour and labour conditions, access and quality of housing and law enforcement, and how migrants adapt, cope, resist or eventually are overpowered by them.

scholarly journals The Shafi’i’s and the School of Shafi’ite’s (the Nawawi’s and Ramli’s) Concept of Kafā’ah

2020 ◽  
Vol 1 (1) ◽  
pp. 24
Author(s):  
Abdullah Khanif
Keyword(s):  
Social Status ◽  
Physical Disability ◽  
Legal Status ◽  
Geographic Factors ◽  
Legal Thought ◽  
The Social ◽  
Intellectual Capacity ◽  
Specific Regulation

The harmonic household is viewed to be one of the ideals of marriage. The harmony is possible to gain when the couple have achieved the principles of kafā’ah covering the matters of education, economy, social status and morals. In dealing with the issue of kafā’ah, however, the scripture (al-Qur’ān and Sunnah) has no mentioned any specific regulation of it. Consequently, it tends to urge the emergence of various Islamic legal methods in order to invent the legal status of the issue. The primary literatures have depicted similarities among the Muslim jurists’ view (Shafi’i, Nawawi and Ramli) in formulating the criteria of kafā’ah in marriage, although they have remained differences. This article purposes to examine the literatures and identify the factors influence the formation of the concept, and also consider the acceleration of it in the development of the Shafi’i and Shafi’ite legal thought. This article argues that the similarities involve the theme of pedigree, religion and wealth in kafā’ah, while the differences cover the matters of the physical disability as one of the requirements and rights (khiyār) in terms of transaction. It has been fundamentally influenced by the social, cultural and geographic factors, and the intellectual capacity and capability of the legal scholars.

The leges regiae through Tradition, Historicity and Invention: A Comparison of Historico-literary and Jurisprudential Sources

2020 ◽  
pp. 97-110
Author(s):  
Rossella Laurendi
Keyword(s):  
Social Status ◽  
Historical Memory ◽  
Interdisciplinary Approach ◽  
Historical Criticism ◽  
The Social ◽  
The Law ◽  
The Republic ◽  
The Temple

An interdisciplinary approach to historical criticism allows us to investigate the tradition of the royal laws and their collection, ostensibly made by one Papirius at the start of the Republic. Despite the lengthy, stratified process of formation and transmission of historical memory by historians, grammarians, writers and jurists from the late Republic onwards, the identification of certain authentic elements of these laws is possible. In the case of the law on paelex, attributed to Numa, a philological analysis suggests its archaic origins, even if we cannot prove that Numa was the drafter of this law. The law appears to be made up of a precept (prohibition against approaching the altar or the temple of Juno) and a sanction (sacrifice with loose hair). The significance of the loose hair, typical signs of pain and penance, is the key to reading the law. By the enactment of this law, the social status of the paelex was diminished, analogous to that of a married man's concubine.

2. Marriage and Civil Partnership

2021 ◽  
pp. 8-96
Author(s):  
Polly Morgan
Keyword(s):  
Legal Status ◽  
Public Perceptions ◽  
The State ◽  
Civil Partnership ◽  
The Social ◽  
The Law ◽  
Over Time

This chapter starts by considering how people get married, tracing the institution of marriage through history. It looks at the evolving popularity of marriage to the present day. The chapter then addresses the social and legal significance of marriage. It asks: Why does the state encourage people to marry? The chapter also looks at other ways in which relationships can be formalised under the law. Finally, the chapter turns to civil partnerships and looks at the changes in legal status to such partnerships over time. It also considers public perceptions of civil partnerships. Finally the chapter asks: Is there a future for marriage?

Mitigation for minors: Exploring the nuances of social constructs and legal status in structuring sentences for youthful offenders

2017 ◽  
Vol 20 (4) ◽  
pp. 498-522
Author(s):  
Megan C Kurlychek
Keyword(s):  
New York ◽  
Social Status ◽  
Legal Status ◽  
New York State ◽  
Social Constructs ◽  
Sentencing Decisions ◽  
The Social ◽  
The Individual ◽  
A Minor ◽  
Youthful Offender

New York State is one of only two states in the nation that processes all 16- and 17-year-old defendants as adults. Contrary to this seemingly punitive stance, the state also maintains a Youthful Offender Statute that requires mitigated punishments for youths up to their 19th birthday upon court designation of youthful offender status. This study empirically examines the individual and combined impact of the social status of being a “minor” and the legally awarded status of being designated a youthful offender, upon adult court sentencing decisions framing the discussion within broader conceptualizations of youthfulness, culpability, and punishment. Utilizing a population of all youths ages 16–21 whose cases were disposed in New York between 2000 and 2006, this study finds the legally defined status of youthful offender to provide much greater mitigation at sentencing than the more general social status of being a minor. Findings are discussed as they relate to categorical and individualized assessments of culpability. In addition, as the study finds individualized assessments of culpability to be related to factors such as gender and race, broader implications for the role of court assigned statuses and mitigation of punishment are offered.

scholarly journals Transfer of Ownership in fiducia and Trust – Preliminary Considerations on the Possibilty of Application of the Hague Convention on the Law Applicable to Trusts and on their Recognition

2018 ◽  
Vol 55 (3) ◽  
pp. 579-605
Author(s):  
Tomislav Karlović
Keyword(s):  
Legal System ◽  
Hague Convention ◽  
Roman Law ◽  
Real Property ◽  
Legal Rules ◽  
Significant Difference ◽  
The Hague ◽  
The Law ◽  
Definition Of ◽  
The Hague Convention

Considering the main characteristics of fiducia in Roman law, as well as its functions and place within the real property law and the law of obligations, two features that are also prominent in the definition of anglosaxon trust stand out. These are the fiduciary nature of the relationship between the interested parties, as fides (trust) formed the initial basis of both institutes in the period before they were legally recognized, and the transfer of ownership made for specific purpose, different from the regular enjoyment of the object by the owner. However, there is a significant difference between the two (fiducia and trust) becuase of the duality between common law and equity in English legal system. While the mutual interests of the parties to fiducia in Roman law were protected only by personal actions (actiones in personam), parties’ proprietary interests in English trust were (and still are) recognized with the parallel existence of legal and equitable title. In contemporary Croatian law of real property the closest thing to the division of titles exists with regard to the conditionally transferred ownership as regulated in Art. 34 of Ownership and Other Proprietary Rights Act, entaling the division on prior and posterior ownership, both of which can be entered into Land registry and other registries. In the article it is analysed how this division and the following registration of both titles could allow for the effects to be given to trusts, in case it would be pondered on the benefits of accession of Croatia to the Hague Convention on the Law Applicable to Trusts and on their Recognition. Accordingly, after the exposition of Croatian law, it is given a short overview of English trust with emphasis on trusts of land and, subsequently, of the rules of the Hague Convention on the Law Applicable to Trusts and on their Recognition. In the conclusion it is argued that perceived incompatibility of trust with civilian legal system can be overcome in Croatia with the help of extant legal rules regarding conditionally transferred ownership. Also, this incompatibility has already been refuted in several European continental countries from which examples lessons should be studied and learned, what would be the next step in the deliberations on the accession to the Hague Convention on the Law Applicable to Trusts and on their Recognition.

scholarly journals Comparison group matters for chronic stress effects of subjective social status

2017 ◽  
Vol 24 (14) ◽  
pp. 1923-1928 ◽  
Author(s):  
Ashley M Geiger ◽  
Clemens Kirschbaum ◽  
Jutta M Wolf
Keyword(s):  
Social Status ◽  
Chronic Stress ◽  
Perceived Stress ◽  
Comparison Group ◽  
Reference Group ◽  
Subjective Social Status ◽  
Family Status ◽  
Stress Effects ◽  
The Social ◽  
The Impact

Inconsistent associations between health and measures of subjective social status compared to one’s community suggest that how people define community may matter. This study broke down community into status among neighborhood and friends/family to assess the impact of each domain on chronic stress in individuals differing in socioeconomic status (18 employed and 18 unemployed individuals). The findings suggest that for ratings of subjective social status, the social and physical proximity of the reference group matters. Specifically, neighborhood status was affected by unemployment, while friends/family status was associated with perceived stress, emphasizing the importance of the comparison group in assessing subjective status.

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