Mistake of law and mistake of fact in English law of restitution

2014 ◽  
Vol 82 (3-4) ◽  
pp. 261-283
Author(s):  
Jan Halberda
Keyword(s):  
Legal System ◽  
City Council ◽  
The Other ◽  
Other Hand ◽  
History Of ◽  
English Law ◽  
The One

The paper discusses the history of the English law doctrine according to which the mistake of law (error iuris) is a bar for restitution. The author seeks to analyze the premises of mistake that led to recovery of the payment. Since the adjudication of the leading case Bilbie v. Lumley (1802) it was settled by the courts that he who had paid while operating under mistake of fact could demand restitution. On the other hand the one who acted under mistake of law could not. Over the last two centuries, until the ground-breaking decision in Kleinwort Benson Ltd v. Lincoln City Council (1999), the distinction into mistake of law and mistake of fact was very important in cases of undue payment. The author ventures whether there are any foundations for the promotion of the thesis that the aforementioned distinction might be an example of the reception of continental doctrines by the English legal system.


Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."

scholarly journals “The Bearers of Unholy Potential”: Confessing Church Sermons on the Jews and Judaism

2016 ◽  
Vol 11 (1) ◽  
Author(s):  
William Skiles
Keyword(s):  
Hebrew Bible ◽  
The Other ◽  
Nazi Regime ◽  
Confessing Church ◽  
Nazi Ideology ◽  
Other Hand ◽  
History Of ◽  
Mixed Messages ◽  
German People ◽  
The One

This article examines the nature and frequency of comments about Jews and Judaism in sermons delivered by Confessing Church pastors in the Nazi dictatorship.  The approach of most historians has focused on the history of antisemitism in the German Protestant tradition—in the works, pronouncements, and policies of the German churches and its leading figures.  Yet historians have left unexamined the most elemental task of the pastor—that is, preaching from the pulpit to the German people.  What would the average German congregant have heard from his pastor about the Jews and Judaism on any given Sunday?  I searched German archives, libraries, and used book stores, and analyzed 910 sermon manuscripts that were produced and disseminated in the Nazi regime.  I argue that these sermons provide mixed messages about Jews and Judaism.  While on the one hand, the sermons express admiration for Judaism as a foundation for Christianity, an insistence on the usage of the Hebrew Bible in the German churches, and the conviction that the Jews are spiritual cousins of Christians.  On the other hand, the sermons express religious prejudice in the form of anti-Judaic tropes that corroborated the Nazi ideology that portrayed Jews and Judaism as inferior: for instance, that Judaism is an antiquated religion of works rather than grace; that the Jews killed Christ and have been punished throughout history as a consequence.  Furthermore, I demonstrate that Confessing Church pastors commonly expressed anti-Judaic statements in the process of criticizing the Nazi regime, its leadership, and its policies.

scholarly journals Kant, Nietzsche and the idealization of friendship into nihilism

2013 ◽  
Vol 54 (128) ◽  
pp. 401-417
Author(s):  
Paul van Tongeren
Keyword(s):  
19Th Century ◽  
Literary Imagination ◽  
The Other ◽  
Other Hand ◽  
History Of ◽  
The One ◽  
Articles Of Faith ◽  
The 19Th Century

Is friendship still possible under nihilistic conditions? Kant and Nietzsche are important stages in the history of the idealization of friendship, which leads inevitably to the problem of nihilism. Nietzsche himself claims on the one hand that only something like friendship can save us in our nihilistic condition, but on the other hand that precisely friendship has been unmasked and become impossible by these very conditions. It seems we are struck in the nihilistic paradox of not being allowed to believe in the possibility of what we cannot do without. Literary imagination since the 19th century seems to make us even more skeptical. Maybe Beckett provides an illustration of a way out that fits well to Nietzsche's claim that only "the most moderate, those who do not require any extreme articles of faith" will be able to cope with nihilism.

scholarly journals The Perspective of Overcoming Nihilism in Heidegger’s Dialogue with Jünger

2019 ◽  
Vol 30 (1) ◽  
Author(s):  
Tautvydas Vėželis
Keyword(s):  
Point Of View ◽  
The Other ◽  
Dialectical Thinking ◽  
Other Hand ◽  
History Of ◽  
Metaphysical Tradition ◽  
The One ◽  
Relationship Of ◽  
The Relationship ◽  
European Civilization

This article examines the problem of overcoming nihilism in Heidegger’s dialogue with Jünger. It is suggested that nihilism is manifested in various forms and is the deep logic of the whole history of European civilization. One of the main aims of this paper is to outline the relationship of nihilism and Nothing in Heidegger’s dispute with Jünger, viewing how Heidegger distinguishes his approach from Jünger’s point of view. Heidegger, on the one hand, treats nihilism as consummation of the Western metaphysical tradition, on the other hand, identifies Nothing itself as the shadow of Being, which cannot be overcome in the traditional dialectical thinking manner.

scholarly journals Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective

2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Legal System ◽  
Legal Framework ◽  
The Other ◽  
Effective Prevention ◽  
Other Hand ◽  
International Obligations ◽  
The Republic ◽  
The One

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.

Spiders, Ants, and Bees

2020 ◽  
Vol 9 (2) ◽  
pp. 27-51
Author(s):  
Doina-Cristina Rusu ◽  
Keyword(s):  
Natural History ◽  
The Other ◽  
Francis Bacon ◽  
Middle Way ◽  
Other Hand ◽  
History Of ◽  
The One ◽  
Natural Histories

This paper argues that the methodology Francis Bacon used in his natural histories abides by the theoretical commitments presented in his methodological writings. On the one hand, Bacon advocated a middle way between idle speculation and mere gathering of facts. On the other hand, he took a strong stance against the theorisation based on very few facts. Using two of his sources whom Bacon takes to be the reflection of these two extremes—Giambattista della Porta as an instance of idle speculations, and Hugh Platt as an instance of gathering facts without extracting knowledge—I show how Bacon chose the middle way, which consists of gathering facts and gradually extracting theory out of them. In addition, it will become clear how Bacon used the expertise of contemporary practitioners to criticise fantastical theories and purge natural history of misconceived notions and false speculations.

Chaplain and Steward: Francis Blakiston SJ (1617–93) at Linton-on-Ouse

2001 ◽  
Vol 25 (3) ◽  
pp. 423-433
Author(s):  
John Trappes-Lomax
Keyword(s):  
Point Of View ◽  
The Other ◽  
Catholic Priests ◽  
Other Hand ◽  
Spare Time ◽  
History Of ◽  
The One

Chaplains in penal times were on occasion employed as stewards, though perhaps not as frequently as is sometimes supposed; from the point of view of their employers this is not entirely surprising; on the one hand chaplains might reasonably be expected to be literate, numerate and honest; on the other hand the restrictions under which Catholic priests worked might well leave them a sufficiency of spare time for secular affairs. The interest of the letter which follows lies not in the mere fact of such a stewardship, but in the extraordinarily vivid picture it gives of what it was like for a professed Religious to be involved in running an estate—particularly when his employer was of questionable sanity. Some light is incidentally thrown on the history of Catholicism in Linton-on-Ouse.

scholarly journals On the History of Ante(s): Exaptation of Adverbial –s?

Languages ◽  
2018 ◽  
Vol 3 (4) ◽  
pp. 45
Author(s):  
Dorien Nieuwenhuijsen
Keyword(s):  
Historical Development ◽  
Quantitative Data ◽  
The Other ◽  
16Th Century ◽  
Other Hand ◽  
History Of ◽  
The One

In this paper we will describe the historical development of the Spanish doublet ante-antes (‘before’) and explore the question whether a process of exaptation is involved (cf. Lass 1990). We will argue that the final –s of antes, that originally marked the adverbial status of the word, in the course of time had become a kind of morphological ‘junk’ (cf. Lass 1990) and, subsequently, could be exploited in order to encode the semantic opposition between temporal meaning on the one hand, and adversative meaning on the other hand. However, based on quantitative data we will show that the incipient semantic redistribution over the course of the 16th century rather suddenly collapsed, leading to a differentiation between the prepositional ante and adverbial antes.

Brancusi’s ‘Sculpture for the Blind’

2020 ◽  
Author(s):  
Elio Grazioli
Keyword(s):  
The Other ◽  
Other Hand ◽  
History Of ◽  
The One

One of the lesser-known works by Brancusi, Sculpture for the Blind is actually a key work, paradigmatic of the artist’s entire output. Perfectly oval in shape, it is the endpoint of Brancusi’s trajectory towards abstraction, which leads from the head to the egg as a symbol of origin. But, destined for the “blind”, on the one hand it displaces fruition from sight to touch, highlighting the importance of this modality also for other works; on the other hand it indicates the importance of “blinding” for understanding art; finally it denounces in its own way the blindness of so many self-styled art users. The essay reconstructs the history of the sculpture, its interpretations and its further implications.

Legal Diversity in the Age of Taqlid: the Four Chief Qadis Under the Mamluks

2003 ◽  
Vol 10 (2) ◽  
pp. 210-228 ◽  
Author(s):  
Yossef Rapoport
Keyword(s):  
Legal System ◽  
Turning Point ◽  
Judicial System ◽  
The Other ◽  
Legal Rules ◽  
Other Hand ◽  
History Of ◽  
School Affiliation

Sultan Baybars' decision to appoint four Chief Qādīs , one from each of the Sunni schools of law, has long been recognized as a turning point in the history of the madhhabs. To date, historians have explained this decision only in political or ideological terms, paying little attention to its implications for the judicial system. Here I argue that the purpose of the new quadruple structure of the judiciary was two-fold: to create a uniform but at the same time flexible legal system. The need for predictable and stable legal rules was addressed by limiting qādīs' discretion and promoting taqlīd , i.e., adherence to established school doctrine. The establishment of Chief Qādīs from the four schools of law, on the other hand, allowed for flexibility and prevented the legal system from becoming too rigid. The quadruple judiciary enabled litigants, regardless of personal school affiliation, to choose from the doctrines of the four schools.

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