“And Hast Thou Slain the Jabberwock?” The Law Relating to Demonstrations in the A.C.T.

1974 ◽  
Vol 6 (1) ◽  
pp. 107-149
Author(s):  
Roger A. Brown
Keyword(s):  
Civil Rights ◽  
Common Law ◽  
Public Order ◽  
The Public ◽  
Legal Position ◽  
The Common ◽  
The Law ◽  
Public Disorder

In an examination of the existing limitations of freedom of assembly and demonstration in the A.C.T., Mr Brown first deals with the common law and various statutory provisions as they stood in 1971. He then examines the Public Order (Protection of Persons and Property) Act 1971 (Cth) in some depth. His conclusion, after a brief discussion of rights of peaceful assembly in the present law, is that the current legal position in the A.C.T. is unsatisfactory in that it does not give sufficient guarantees to civil rights but rather embodies repressive laws to prevent threats of public disorder that may be more imaginary than real.

The Law of Personal Status: Wives, Paupers, and Slaves

2019 ◽  
pp. 173-212
Author(s):  
Lawrence M. Friedman
Keyword(s):  
United States ◽  
Civil Rights ◽  
Common Law ◽  
White Men ◽  
The United States ◽  
Political Rights ◽  
Poor Laws ◽  
Marriage And Divorce ◽  
The Common ◽  
The Law

This chapter discusses the law on marriage and divorce, family property, adoption, poor laws and social welfare, and slavery and African Americans in the United States. In the colonial period, the United States had no courts to handle matters of marriage and divorce. Marriage was a contract—an agreement between a man and a woman. Under the rules of the common law, the country belonged to the whites; and more specifically, it belonged to white men. Women had civil rights but no political rights. There were no formal provisions for adoption. A Massachusetts law, passed in 1851, was one of the earliest, and most significant, general adoption law. The so-called poor laws were the basic welfare laws.

‘Furiously Mad’: Vagrancy Law and a Sub-Group of the Disorderly Poor

Rural History ◽  
2013 ◽  
Vol 24 (1) ◽  
pp. 25-40 ◽  
Author(s):  
AUDREY ECCLES
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Social Problem ◽  
Common Law ◽  
Medical Texts ◽  
The Public ◽  
Course Of Action ◽  
The Subject ◽  
The Common ◽  
The Law

Abstract:Madness has been a social problem from time immemorial. Wealthy lunatics were made royal wards so that their estates would be looked after, and the common law very early admitted madness and idiocy as conditions justifying the exemption of the sufferer from punishments for crime. But the vast majority of lunatics have never been either criminal or wealthy, and many wandered about begging, unwelcome in any settled community. Finally, in the eighteenth century, the law made some attempt to determine a course of action which would protect the public and theoretically also the lunatic. This legislation and its application in practice to protect the public, contain the lunatic, and deal with the nuisance caused by those ‘disordered in their senses’, form the subject of this article. Much has been written about the development of psychiatry, mainly from contemporary medical texts, and about the treatment of lunatics in institutions, chiefly from nineteenth-century sources, but much remains to be discovered from archival sources about the practicalities of dealing with lunatics at parish level, particularly how they were defined as lunatics, who made such decisions, and how they were treated in homes and workhouses.

scholarly journals Improvement of legal support of training of members of civil formations by National Police bodies

2020 ◽  
Vol 2 (2) ◽  
pp. 105-109
Author(s):  
Svitlana Ryzhkova
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
The State ◽  
Public Order ◽  
The Public ◽  
Special Training ◽  
Village Council ◽  
The Law ◽  
The Right ◽  
National Police

The administrative and legal status of public formations in the protection of public order and the state border is regulated by the Law of Ukraine "On Participation of Citizens in the Protection of Public Order and the State Border". This law gives members of public formations the right to apply preventive measures to offenders, to draw up reports on administrative offenses, to apply in the established order measures of physical influence, special means of protection. To deliver to the bodies of the National Police, to the units of the State Border Guard Service of Ukraine, the headquarters of the public formation for the protection of public order or public order, the premises of the executive body of the village, village council of persons who have committed administrative offenses, in order to terminate it other measures of influence, identification of the violator, drawing up a report on an administrative offense in case of impossibility to draw it up at the place of the offense, if drawing up a report is mandatory, etc. important in this context is the observance of the law by members of public formations (hereinafter - GF), human and civil rights and freedoms, respect for the rights to liberty and security of person while ensuring public order and security. Given the specifics of the implementation of members of public formations of law enforcement functions, relevant issues of organizational and legal nature related to preparation by authorized subjects of power, which are defined by the Law "On participation of citizens in the protection of public order and state border" of candidates, as well as members of public formations. The current problems of legal and special training of candidates, as well as members of public formations by the National Police have been identified. The state and international experience of this issue are studied. It is proposed to improve the legal provision of training of members of public formations by the National Police, namely the need to adopt a departmental legal act of the Ministry of Internal Affairs (Instructions) to establish requirements for professional legal and special training of candidates and members of public formations in public order by the National Police.

Sinclair v. Brougham

1938 ◽  
Vol 6 (3) ◽  
pp. 305-326
Author(s):  
Lord Wright
Keyword(s):  
Public Policy ◽  
Common Law ◽  
The Public ◽  
Unjust Enrichment ◽  
The Common ◽  
The Law ◽  
A Company ◽  
Rate Importance

The case of Sinclair v. Brougham has been generally regarded as an authority of first-rate importance. I think it has been properly so regarded, though my reasons for so thinking may not altogether agree with the reasons emphasized by some lawyers. I regard the case as primarily significant as embodying the leading principles on which the Court acts in exercising its equitable jurisdiction to give relief in order to prevent unjust enrichment, or to achieve restitution, if we accept the useful term which has been employed in the recently published American Restatement of the Law of Restitution. The word itself is only an echo of language which will be found in English judgments, indeed, in this very case of Sinclair v. Brougham. The case shows how the Court can do justice by applying equitable principles where the Common Law would have been powerless. But since every Court is now bound in the same proceeding to apply either law or equity or both as the circumstances may require, the distinction between law and equity is now only important in the sense that the differences of method and rules must be observed. In the case we are considering a company had borrowed money for purposes for which it was ultra vires for it to borrow. There could in law be no claim for money lent and no claim in law for the repayment on the ground of quasi-contract or, to use the now obsolete phrase, contract ‘implied in law’, because to allow such a claim as a merely money claim would be to sanction an evasion of the public policy forbidding ultra vires borrowing by companies. Further, as the money lent or its products could not be identified in the company's possessions, a claim in law could not be maintained. But the powers of the Court were not exhausted. The problem was further complicated by the conflicting claims of the shareholders.

23. Cohabitation and Finance

2019 ◽  
pp. 227-236
Author(s):  
Jane Sendall ◽  
Roiya Hodgson
Keyword(s):  
Common Law ◽  
Legal Rights ◽  
Legal Remedies ◽  
The Family ◽  
Cohabiting Couples ◽  
Legal Position ◽  
The Common ◽  
Family Home ◽  
The Law ◽  
Law Commission

Cohabiting couples do not have any intrinsic legal rights by simply cohabiting. The ‘common law wife/husband’ does not exist in law, despite many believing that it does. This chapter discusses the legal position of cohabitants and financial remedies. This includes the Law Commission Proposals in order to try and allow cohabitants to gain some financial relief in certain circumstances. The legal remedies available to separating cohabitants including establishing legal title and a beneficial interest, is outlined. This also includes resulting and constructive trusts. Finally, the position of cohabitants in relation to the family home and Trusts of Land and Appointment of Trustees Act is discussed.

Has the Common Law a Future?

1997 ◽  
Vol 56 (2) ◽  
pp. 291-314 ◽  
Author(s):  
Jack Beatson
Keyword(s):  
Common Law ◽  
Environmental Issues ◽  
Administrative Law ◽  
Public Order ◽  
The Public ◽  
Legal Studies ◽  
Vice Chancellor ◽  
Law Faculty ◽  
The Common ◽  
The University

I must begin with a few words about my predecessor in the Rouse Ball chair, Sir David Williams. David Williams has had a career of outstanding service to legal studies, to universities, in particular Cambridge, and to the wider public. After completing his studies, he became one of the formidable group at the University of Nottingham's Law Faculty. He went on to Oxford—he has told me that he went there as a missionary—and during his time there produced his pathbreaking books on official secrets and public order, Not in the Public Interest and Keeping the Peace. He was, it must be said, not the only Cambridge public lawyer-missionary in Oxford. Sir William Wade was also there. By 1967 it appears that two missionaries were no longer required, and David Williams returned to Cambridge. In 1982 he succeeded Wade—by now also back in Cambridge—as Rouse Ball Professor. He has been an important presence in the world of administrative law and his contribution to environmental issues has been enormous. We are delighted that now he has laid down the burdens of office as Vice-Chancellor he has returned to the Faculty— albeit to a different chair.

23. Cohabitation and Finance

Family Law ◽  
2020 ◽  
pp. 227-236
Author(s):  
Roiya Hodgson
Keyword(s):  
Common Law ◽  
Legal Rights ◽  
Legal Remedies ◽  
The Family ◽  
Cohabiting Couples ◽  
Legal Position ◽  
The Common ◽  
Family Home ◽  
The Law ◽  
Law Commission

Cohabiting couples do not have any intrinsic legal rights by simply cohabiting. The ‘common law wife/husband’ does not exist in law, despite many believing that it does. This chapter discusses the legal position of cohabitants and financial remedies. This includes the Law Commission Proposals in order to try and allow cohabitants to gain some financial relief in certain circumstances. The legal remedies available to separating cohabitants including establishing legal title and a beneficial interest, is outlined. This also includes resulting and constructive trusts. Finally, the position of cohabitants in relation to the family home and Trusts of Land and Appointment of Trustees Act is discussed.

Ideologies in Law Time: The Oxford History of the Laws of England

2013 ◽  
Vol 38 (03) ◽  
pp. 746-764
Author(s):  
Janet McLean
Keyword(s):  
Public Sphere ◽  
Review Essay ◽  
Common Law ◽  
Point Of View ◽  
Internal Point ◽  
The Public ◽  
History Of ◽  
The Common ◽  
The Law ◽  
The Public Sphere

In the introduction to the newOxford History of the Laws of England 1820–1914, the authors suggest that their task is to tell the “history of the law itself.” This review essay examines what can be learned from a history told from law's internal point of view rather than through the perspectives of other disciplines, such as economics or philosophy. It considers whether and how the common law responded to industrialization and laissez-faire ideology, the influence of salient philosophical movements—such as utilitarianism—on statutory change, and how all history is an exercise in ideology. In considering the public sphere, it suggests that this work should form the inspiration for further inquiry.

Outrageous Behaviour

1996 ◽  
Vol 4 (19) ◽  
pp. 584-587 ◽  
Author(s):  
Paul Barber
Keyword(s):  
Public Service ◽  
Gay Rights ◽  
Common Law ◽  
Public Order ◽  
The Past ◽  
General Law ◽  
The Common ◽  
The Law

The past year or so has seen a number of incidents where a public service has been disrupted by a group of people seeking to make a point through the attendant publicity. An example occurred in February 1995 when the gay rights group ‘Outrage’ disrupted the enthronement of the Bishop of Guildford. Such an incident inevitably gives rise to questions of law, and this article intends to survey very briefly the law which is particularly applicable in cases where there are disturbances in places of worship. Of course, both the general law concerning public order and the common law relating to breach of the peace also apply as much within churches as without. However, much is written about them elsewhere.

The Law of Contract

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Common Law ◽  
World Market ◽  
Contract Law ◽  
The State ◽  
Legal Certainty ◽  
Philosophical Foundations ◽  
The Common ◽  
The Law

This chapter examines the law of contract in France and discusses the milestone reform of French contract law. While this new legislation introduces a fresh equilibrium between the contracting parties and enhances accessibility and legal certainty in contract, it does not radically change the state of the law in this area. In addition, it does not strongly impact the traditional philosophical foundations of the law of contract. The reform, in short, looks more like a tidying up operation rather than a far-reaching transformation of the law. Therefore, the chapter argues that it is questionable whether the new law, which was also intended to increase France's attractiveness against the background of a world market dominated by the Common Law, will keep its promise.

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