scholarly journals As transformações da justiça medieval ibérica entre os séculos XIII e XV

2021 ◽  
Vol 13 (2) ◽  
pp. 222-238
Author(s):  
F. R. FERNANDES
Keyword(s):  
Common Law ◽  
Historical Criticism ◽  
Royal Court ◽  
The Social ◽  
Siete Partidas ◽  
Latin West ◽  
Private Rights ◽  
The Common ◽  
The University ◽  
The Relationship

The concept of justice came to be transformed in the medieval era in the Latin West, particularly between the thirteenth and fifteenth centuries, due to ongoing shifts in the political and institutional fields. Monarchies became institutionalized due to the influence of debates proposed by the University of Bologna generating the construction of a legal culture systematizing the concepts and criteria for the exercise of justice without abandoning the relationship between these theories and the social context to which it was destined. Municipal representatives came to play an increasingly important role in events such as the rise of the Joanine Dynasty in Portugal (1383-5) and their aspirations and worldview would be sought out as one of the currencies of exchange for the granting of support, reflected in the legislation and in the legal collections developed by descendants of John I of Avis, such as the Alfonsine Ordinations. This constituted a space in which private rights overlapped with the Common Law emanating from the royal court and which crystallized a tendency towards Portuguese legal singularity promoting the hierarchization of the sources of law available in Latin. This work is developed from historical criticism applied to documentary content, Las Siete Partidas del muy noble Rey Don Alfonso el Sabio, Livro das Leis e Posturas, and the Ordenações Afonsinas.

The Trade Mark, Other Product Designations, and Goodwill

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Trade Mark ◽  
Geographical Indication ◽  
Passing Off ◽  
Rights Protection ◽  
Essential Properties ◽  
The Subject ◽  
The Common ◽  
The Relationship

This chapter considers the meaning of the terms that appropriately denote the subject matter protectable by registered trade mark and allied rights, including the common law action of passing off. Drawing on the earlier analyses of the objects protectable by patent and copyright, it defines the trade mark, designation of origin, and geographical indication in their current European and UK conception as hybrid inventions/works in the form of purpose-limited expressive objects. It also considers the relationship between the different requirements for trade mark and allied rights protection, and related principles of entitlement. In its conclusion, the legal understandings of trade mark and allied rights subject matter are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing their and their tokens’ existence.

The Implementation of Constitutional Reform in the United Kingdom: Principles and Problems

1995 ◽  
Vol 29 (4) ◽  
pp. 551-564
Author(s):  
Dawn Oliver
Keyword(s):  
United Kingdom ◽  
Judicial Review ◽  
Common Law ◽  
Public Law ◽  
Constitutional Reform ◽  
Academic Literature ◽  
The United Kingdom ◽  
The Common ◽  
Executive Agencies ◽  
The Relationship

First, I want to express my gratitude and sense of honour in being invited to deliver the Lionel Cohen lecture for 1995. The relationship between the Israeli and the British legal systems is a close and mutually beneficial one, and we in Britain in particular owe large debts to the legal community in Israel. This is especially the case in my field, public law, where distinguished academics have enriched our academic literature, notably Justice Zamir, whose work on the declaratory judgment has been so influential. Israeli courts, too, have made major contributions to the development of the common law generally and judicial review very notably.In this lecture I want to discuss the process of constitutional reform in the United Kingdom, and to explore some of the difficulties that lie in the way of reform. Some quite radical reforms to our system of government — the introduction of executive agencies in the British civil service, for instance—have been introduced without resort to legislation. There has been a spate of reform to local government and the National Health Service.

O początkach wychowania seksualnego w Polsce i kontestacji młodzieżowej na Zachodzie – zapis ostatniego wywiadu z Profesorem Andrzejem Jaczewskim

2021 ◽  
pp. 188-205
Author(s):  
Julia Stępniewska ◽  
Piotr Zańko ◽  
Adam Fijałkowski
Keyword(s):  
Sex Education ◽  
Auxiliary Function ◽  
Sexual Revolution ◽  
Sexual Education ◽  
The West ◽  
The Social ◽  
1960S And 1970S ◽  
The 1960S ◽  
The University ◽  
The Relationship

In this text, we ask about the relationship between sexual education in Poland in the 1960s and 1970s with the cultural contestation and the moral (including sexual) revolution in the West as seen through the eyes of Prof. Andrzej Jaczewski (1929–2020) – educationalist, who for many years in 1970s and 1980s conducted seminars at the University of Cologne, pediatrician, sexologist, one of the pioneers of sexual education in Poland. The movie “Sztuka kochania. Historia Michaliny Wisłockiej” (“The Art of Love. The Story of Michalina Wisłocka” [1921–2005]), directed in 2017 by Maria Sadowska, was the impulse for our interview. After watching it, we discovered that the counter-cultural background of the West in the 1960s and 1970s was completely absent both in the aforementioned film and in the discourse of Polish sex education at that time. Moreover, Andrzej Jaczewski’s statement (July 2020) indicates that the Polish concept of sexual education in the 1960s and 1970s did not arise under the influence of the social and moral revolution in the West at the same time, and its originality lay in the fact that it was dealt with by professional doctors-specialists. We put Andrzej Jaczewski’s voice in the spotlight. Our voice is usually muted in this text, it is more of an auxiliary function (Chase, 2009). Each of the readers may impose their own interpretative filter on the story presented here.

scholarly journals Las políticas supranacionales de educación superior ante la «tercera misión» de la Universidad: el caso del aprendizaje-servicio

2020 ◽  
pp. 256
Author(s):  
Juan García-Gutiérrez ◽  
Carlos Corrales Gaitero
Keyword(s):  
Higher Education ◽  
Latin American ◽  
Global Scale ◽  
Third Mission ◽  
Social Commitment ◽  
Social Mission ◽  
The Social ◽  
American Citizenship ◽  
The University ◽  
The Relationship

The constant transformation that the institutions of higher education experiment and, particularly, the university assumes a re-consideration of their shapes, methodology, and missions, as well as the relationships established with society. Therefore, we shall consider that a “social mission” of the university or their “third mission” constitutes an umbrella that shelters a wide diversity of reflex conceptions, and at the same time, the relationship university – society. Additionally, take into consideration that this civic and social commitment in higher education should incorporate an integrator approach, involved with an idea of European or Latin-American citizenship, in any case, incorporated in the development of their supranational policies. Therefore, the objective of our work is double. On one side, to meet and analyze the notion of a “social mission” or “third mission” of the university and their conceptual network, to clarify the language and in which sense the different denominations are used, according to the different economical, sustainability or civic approaches to be adopted. Secondly, the treatment of these ideas will be addressed at the supranational policies of higher education both in Europe and Ibero America, according to what had been structured at the Higher Education European State and whether it has been promoted by the OEI. Also, it will be attended the way that this supranational policy aboard the civic and identity components, that linked to the social mission cooperate for the promotion of common citizenship. As a result of the analysis made we can affirm that the approach of the learning-service constitutes an emergent tendency on a global scale, appropriate to develop effectively the third mission or social mission of the university.

scholarly journals Kári á Rógvi, West-Nordic Constitutional Judicial Review: A Comparative Study of Scandinavian Judicial Review and Judicial Reasoning (Copenhagen: Djøf Publishing, 2013)

2015 ◽  
Vol 10 (1) ◽  
Author(s):  
Rachael L. Johnstone
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Faroe Islands ◽  
Legal Studies ◽  
Legal Literature ◽  
The Common ◽  
Judicial Reasoning ◽  
The University ◽  
Constitutional Judicial Review ◽  
Selection Of

West-Nordic Constitutional Judicial Review is based on Kári á Rógvi’s doctoral dissertation, defended in 2009 at the University of Iceland with the esteemed Eivind Smith and Guðmundur Alfreðsson as thesis opponents. It provides an excellent account of judicial review in the West-Nordic tradition (Norway, Denmark, Iceland, the Faroe Islands and Greenland) based on a selection of ‘leading cases, reminiscent of the common law approach to legal studies. As such, it is something of a novelty in the Nordic legal literature and a long overdue supplement to what Kári laments as the staid legal treatises that form the basis of Nordic legal educations (323-335).

scholarly journals Pesquisa psicanalítica de fenômenos sociais na universidade: potencialidade política na subversão dos discursos

2018 ◽  
Vol 6 (11) ◽  
pp. 227
Author(s):  
Omar David Moreno Cárdenas ◽  
Andréa Máris Campos Guerra
Keyword(s):  
Theoretical Perspective ◽  
Social Phenomena ◽  
Lacanian Psychoanalysis ◽  
Political Consequences ◽  
The Social ◽  
De Se ◽  
Conducting Research ◽  
In The Beginning ◽  
The University ◽  
The Relationship

Resumo: Este artigo explora consequências epistemológicas e políticas de se realizar pesquisa de fenômenos sociais com um olhar psicanalítico dentro da universidade, tanto para a psicanálise, o campo social e a própria universidade. No início estabelecemos a relação entre ciência e psicanálise, o que nos permite refletir sobre a participação da psicanálise na universidade e as tensões clássicas desse intercambio. Em seguida, apresentamos o impasse de se pesquisar fenômenos sociais com a psicanálise face à indissociabilidade de teoria, método e clínica. Nossa chave de leitura é a teoria dos discursos da psicanálise lacaniana, indicando o potencial político dessa modalidade de pesquisa ao causar subversões nas formas de poder e dominação discursiva na universidade, nas instituições de psicanálise e no campo social.Palavras-chave: Fenômenos sociais; Pesquisa psicanalítica; Teoria dos discursos; Psicanálise; Subversão. Psychoanalytic research on social phenomena in university: political potentiality within subversion of discoursesAbstract: This paper explores the epistemological and political consequences of conducting research on social phenomena from a psychoanalytic perspective within the university, for the psychoanalysis, the social field and the university. In the beginning, we established the relationship between science and psychoanalysis, which allows us to reflect on the psychoanalysis participation in the university and the classic tensions of this exchange. Next, we present the impasse of researching social phenomena from the psychoanalysis taking in account the indissociability between theory, method and clinic. Our theoretical perspective is the discourses theory of Lacanian psychoanalysis, indicating the political potential of this research modality by causing subversions in the forms of power and discursive domination in the university, in the institutions of psychoanalysis and in the social field.Keywords: Social phenomena; Psychoanalytical research; Discourses theory; Psychoanalysis; Subversion. 

9. Mental conditions, intoxication and mistake

2021 ◽  
pp. 292-358
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
External Factor ◽  
Criminal Responsibility ◽  
Common Law ◽  
Burden Of Proof ◽  
Mental Condition ◽  
Individual Actor ◽  
The Common ◽  
The Individual ◽  
The Mind ◽  
The Relationship

This chapter considers the most commonly occurring ‘mental condition defences’, focusing on the pleas of insanity, intoxication and mistake. The common law historically made a distinction between justification and excuse, at least in relation to homicide. It is said that justification relates to the rightness of the act but to excuse as to the circumstances of the individual actor. The chapter examines the relationship between mental condition defences, insanity and unfitness to be tried, and explains the Law Commission’s most recent recommendations for reforming unfitness and other mental condition defences. It explores the test of insanity, disease of the mind (insanity) versus external factor (sane automatism), insane delusions and insanity, burden of proof, function of the jury, self-induced automatism, intoxication as a denial of criminal responsibility, voluntary and involuntary intoxication, dangerous or non-dangerous drugs in basic intent crime and intoxication induced with the intention of committing crime.

The Relationship between Disability Non-Discrimination Law and Quota Schemes

2019 ◽  
pp. 94-117
Author(s):  
Lisa Waddington
Keyword(s):  
Public Sector ◽  
Common Law ◽  
Civil Law ◽  
People With Disabilities ◽  
Public And Private ◽  
The Public ◽  
The Common ◽  
Public And Private Sector ◽  
The Relationship

This chapter explores the relationship between disability quota schemes and non-discrimination law in Europe. While at first sight they seem to sit uneasily beside each other, the chapter reveals how, in some instances, quota schemes can serve to facilitate compliance with non-discrimination legislation. At the same time, the chapter explores seeming incompatibilities between the two approaches and considers whether there are differences between common and civil law jurisdictions in this respect. Tentative conclusions suggest that there is a greater willingness to establish quota schemes through legislation in civil law jurisdictions compared to common law jurisdictions, and that quota schemes in civil law jurisdictions are more likely to provide for the imposition of a levy in the case that employers fail to meet their quota obligations through employing the required number of people with disabilities. There also seems to be some indication that there is greater awareness of the potential for conflict or tension, in various forms, between non-discrimination law and quota schemes in common law jurisdictions than in civil law jurisdictions. Finally, the two schemes operating in the common law states are only applicable to the public sector—whilst in civil law states quotas are generally applied to both public and private sector employers. This may indicate different perceptions regarding the role of public sector employers and the legitimacy of imposing quota requirements.

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