Crime and Punishment

1901 ◽  
Vol 47 (198) ◽  
pp. 638-639
Keyword(s):  
Nineteenth Century ◽  
Public Opinion ◽  
Crime And Punishment ◽  
The Law ◽  
Real Danger

Dr. Robert Anderson, the Assistant Commissioner of Police in London, has written an article in the Nineteenth Century for February on “Our Absurd System of Punishing Crime.” He finds that there is an increase in “professional” crime which might be suppressed, and ought to be dealt with in a more intelligent way than at present. Dr. Anderson is of opinion that this real danger to the Commonwealth is mainly due to the lenient sentences which have become the rule consequent on the decrease of ordinary crime. In effect, he concludes that professional criminals should be deprived of the liberty they abuse, even for life. It is evident that the free discussion of these problems must precede any such changes in the law as Dr. Anderson and others advocate, and we trust that our Association will take its part in guiding public opinion on questions of such importance to the nation.

scholarly journals Blinded Like a State: The Revolt against Civil Registration in Nineteenth-Century Brazil

2006 ◽  
Vol 49 (1) ◽  
pp. 5-39 ◽  
Author(s):  
Mara Loveman
Keyword(s):  
Nineteenth Century ◽  
Local Authorities ◽  
Civil Registration ◽  
Women And Children ◽  
The Law

The first reports of popular disturbances in connection with Decree 798, calling for obligatory civil registration of births and deaths in the Brazilian empire, surfaced in the early days of January 1852. In the ensuing weeks, men, women, and children from across the impoverished northeastern Brazilian backlands convened in small settlements and towns to protest the decree. Local authorities reported being forced to abandon their posts, fleeing from the “mass of ignorants,” who, armed with knives and stones, threatened violence against those who would implement the law. Disturbances were reported in at least thirty-one localities, with crowds estimated at one hundred to several thousand people.

Married Women Bankrupts in the Age of Coverture

2009 ◽  
Vol 34 (02) ◽  
pp. 265-299 ◽  
Author(s):  
Karen Pearlston
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Married Woman ◽  
Married Women ◽  
Separate Property ◽  
The Law

Many married women with separate property held their property as stock‐in‐trade and traded independently from their husbands. However, if the business failed, a married woman trader's ability to take advantage of bankruptcy process depended on the exception to coverture according to which she held her separate property. This article is the first to examine reported bankruptcy cases involving married women in their doctrinal context and in relation to other exceptions to coverture. It analyzes the issues arising in the eighteenth century and argues that they should be understood in relation to the larger picture of married women's law, especially the law of private separation. The article also considers the oblique relationship between private separation jurisprudence and married women's bankruptcy in the nineteenth century, a relationship that was bridged by a line of cases that, on the surface, seem to be unrelated.

The Law of Martial Rule

1928 ◽  
Vol 22 (3) ◽  
pp. 591-616
Author(s):  
Charles Fairman
Keyword(s):  
Public Opinion ◽  
Martial Law ◽  
General Belief ◽  
Military Tribunal ◽  
The Law ◽  
The Military ◽  
The Way

It is not in the least unusual, in newspaper accounts of a strike, riot, flood, or fire, to read that the governor has proclaimed martial law and summoned the militia to the threatened zone. However exaggerated such reports may be, they are evidence of a general belief that there exists some mysterious “martial law” which, when proclaimed, augments the powers of soldiers and paves the way for heroic measures. Nor are these notions wholly fanciful. For such a proclamation may indeed be followed by an extraordinary régime in which the military authority will issue regulations for the conduct of the civil population, troops may be called upon to take life, and perhaps the individuals accused of fomenting trouble will be held without authority of a court, or in some cases may even be tried by a military tribunal. Quite likely these severe measures will receive the approval of public opinion. Yet it is surprising that a people ordinarily rather legalistic should have evinced so little disposition to inquire what rules of law, if any, govern the exercise of these military powers. To answering that unasked query the present study is addressed.

COVID-19 și posibilele apărări în dreptul internațional: ar putea forța majoră și schimbarea fundamentetnală a circumstanțelor să justifice neexecutarea obligațiilor internaționale?

2020 ◽  
Vol 2020 (2020) ◽  
pp. 186-202
Author(s):  
Ion GÂLEA ◽  
Keyword(s):  
Public Opinion ◽  
International Law ◽  
Common Sense ◽  
Prima Facie ◽  
Fundamental Change ◽  
The Public ◽  
Force Majeure ◽  
International Obligations ◽  
International Responsibility ◽  
The Law

The study examines possible defences that States could invoke in order to justify or excuse measures designed to respond to the COVID-19 crisis, which prima facie might not be in conformity with certain international obligations. The study examines only defences available in general international law – beside certain exceptions that might be provided by the clauses of the respective treaties. Two grounds for suspending international obligations, stemming from the law of treaties – impossibility of performance and rebus sic stantibus – and three circumstances precluding wrongfulness, stemming from the law of international responsibility – force majeure, distress and state of necessity – are subject to examination. The study argues that, even if “common sense” might draw the public opinion towards the plausibility of invoking force majeure, impossibility of performance or fundamental change of circumstances, such a conclusion does not reflect general international law. In reality, the “best candidate” as a justification or excuse is distress, while the “second best candidate” might be represented by the state of necessity.

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