scholarly journals The Right to a Fair Fight

Author(s):  
Jack Anderson

This article critically assesses the criminal law on consensual harm through an examination of the legality of fighting sports. The article begins by considering fighting sports such as bare-fisted prize fighting (dominant in the nineteenth century). It then, in historical chronology, examines the legality of professional boxing with gloves (dominant in the twentieth century). Doctrinally, the article reviews why and how, in a position adopted by the leading common law jurisdictions, fighting sports benefit from an application of the “well-established” category-based exceptions to the usual bodily harm threshold of consent in the criminal law. Centrally, fighting sports and doctrinal law on offenses against the person are juxtaposed against the theoretical boundaries of consent in the criminal law to examine whether and where the limit of the “right to be hurt” might lie. In sum, this article uses fighting sports as a case study to assess whether the criminal law generally can or should accommodate the notion of a fair fight, sporting or otherwise, predicated on the consent of the participants to the point that the individuals involved might be said, pithily, to have extended an open invite to harm.

2006 ◽  
Vol 49 (1-2) ◽  
pp. 31-66
Author(s):  
Witold Jemielity

In the Catholic Church it is a religious dogma that Jesus Christ established Holy Sacraments, therefore they are constant. Whereas, practising of these sacraments by the congregation is defined by the Church common law and regional Church law, moreover, there are local and country habits added. Regulations of both kinds of law, common and regional, have changed within the centuries, what influenced the time, place and way of practising sacraments. The author showed these changes as regards the time of the child’s baptism after his birth, Confirmation and frequency of confession. In the nineteenth century the child had to be baptized until he was three days old, later it was eight days after his birth and in the midway period parents brought their children to be baptized in the period of two weeks. After the IIWW this period was much longer and reached even several months. For many centuries Confirmation seemed to be forgotten. The Bishop’s vicarious visited their Parishes and, despite being priests, they did not have the right to practise this sacrament. Considerable change as regards confirmation was introduced in the twentieth century. Sacraments of penance were associated especially with the Easter time. Numerous representants of the congregation confessed and received the Holy Communion once a year. More frequent confession and repeated receiving of the Holy Communion have become more and more popular in the several past decades.


Author(s):  
Thomas A. Hose

Many of the stakeholders involved in modern geotourism provision lack awareness of how the concept essentially ermeged, developed and was defined in Europe. Such stakeholders are unaware of how many of the modern approaches to landscape promotion and interpretation actually have nineteeth century antecedents. Similarly, many of the apparently modern threats to, and issues around, the protection of wild and fragile landscapes and geoconservation of specific geosites also first emerged in the ninetheeth century; the solutions that were developed to address those threats and issues were first applied in the early twentieth century and were subsequently much refined by the opening of the twenty-first century. However, the European engagement with wild and fragile landscapes as places to be appreciated and explored began much earlier than the nineteenth century and can be traced back to Renaissance times. The purpose of this chapter is to provide a summary consideration of this rather neglected aspect of geotourism, initially by considering its modern recognition and definitions and then by examining the English Lake District (with further examples from Britain and Australia available at the website) as a particular case study along with examples.


Author(s):  
Brianna Theobald

This chapter lays the groundwork for the book’s use of the Crow Reservation in Montana as an extended case study. After providing an overview of Crow history to the late nineteenth century, the chapter sketches the parameters of a Crow birthing culture that prevailed in the decades surrounding the turn of the twentieth century. Crow women navigated pregnancy and childbirth within female generational networks; viewed childbirth as a sex-segregated social process; and placed their trust in the midwifery services of older women. The chapter further explores government employees’ attitudes toward and interventions in Indigenous pregnancy, childbirth, and especially family life in these years, as these ostensibly private domains emerged as touchstones in the federal government’s ongoing assimilation efforts.


2006 ◽  
Vol 54 (2) ◽  
pp. 283-302
Author(s):  
Masaaki Morishita

The conceptual framework of ‘field’ proposed by Pierre Bourdieu and his model of the literary and artistic fields in nineteenth-century France are widely applied to studies of the development of the literary and artistic fields in other regions and the fields of other cultural practices. These researches, while showing similarities to Bourdieu's model, reveal the distinct forms of nomos which those different fields developed through localised contingencies. In other words, their findings highlight the cultural specificity of the cases on which Bourdieu's field theory is based. The main purpose of this paper is to argue that the field theory can be beneficially applied to cross-cultural cases provided that its culturally specific elements are clearly identified. For this purpose, I focus on one particular aspect associated with the nomos of Bourdieu's model – the orientation toward autonomy – to argue for its cultural specificity, which becomes clearer when it is compared to a distinct case of the artistic field in early-twentieth-century Japan. My case study shows that the Japanese artistic field did not develop the same form of autonomy as Bourdieu's model, but it also discloses the processes in which a certain form of nomos was shaped through the struggles between the artistic field and other fields.


Author(s):  
A. Haddadi ◽  
F. Ravaz

Under criminal law, euthanasia can have two distinct qualifications: that of homicide in the event that the act of directly killing another person is characterized, or that of assisting a third party in the suicide. These two qualifications are applicable on the condition that the agent — the author of the act of causing death — is not the one who went through it. In fact, selfeuthanasia is nothing more than suicide.In addition to euthanasia imposed to a third party (such as in the case of Malevre, nurse from Mantes-la-Jolie, tried in 2003), the euthanasia requested and subscribed constitutes a complex legal question. Answering this question first involves specifying the position of contemporary criminal law in the face of suicide.In the event that suicide is only decriminalized, in fact, the author of the act — regardless of the outcome of his actions, who is himself the victim, cannot be prosecuted. Nor ultimately receive any condemnation.However, this lack of prosecution and conviction is by no means an endorsement of the act — suicide — by the law.Moreover, in the event that suicide is a right, it would then be necessary to agree that any candidate for this act can request assistance in the accomplishment of his death. Given these two opposing approaches, imposed on us the question of whether there is a right to die.Although the euthanasia imposed is unequivocally under ordinary criminal law, the euthanasia requested and granted is not based on any rights. To date, there is no right to approve a death request, but on the other hand, it does allow it to be respected and to some extent promotes its approach with dignity. This work will focus on two central points which are the possibility that euthanasia is a homicide under common law (I) and the attitude of French law concerning the right to death (II).


2020 ◽  
Vol 53 (2) ◽  
pp. 105-118
Author(s):  
Marzenna Jakubczak

This paper discusses the phenomenon of Kāpil Maṭh (Madhupur, India), a Sāṃkhyayoga āśrama founded in the early twentieth century by the charismatic Bengali scholar-monk Swāmi Hariharānanda Ᾱraṇya (1869–1947). While referring to Hariharānanda’s writings I will consider the idea of the re-establishment of an extinct spiritual lineage. I shall specify the criteria for identity of this revived Sāṃkhyayoga tradition by explaining why and on what assumptions the modern reinterpretation of this school can be perceived as continuation of the thought of Patañjali and Īśvarakṛṣṇa. The starting point is, however, the question whether it is possible at all to re-establish a philosophical tradition which had once broken down and disappeared for centuries. In this context, one ought to ponder if it is likely to revitalise the same line of thinking, viewing, philosophy-making and practice in accordance with the theoretical exposition of the right insight achieved by an accomplished teacher, a master, the founder of a “new”revived tradition declared to maintain a particular school identity. Moreover, I refer to a monograph of Knut A. Jacobsen (2018) devoted to the tradition of Kāpil Maṭh interpreted as a typical product of the nineteenth-century Bengali renaissance.


1969 ◽  
pp. 293 ◽  
Author(s):  
J. G. Castel

The purpose of this article is to analyze the nature and effects of patient's or subject's consent to therapeutic and non-therapeutic treat ment and research in Canadian criminal law, and in the private law of Quebec and the common law provinces, and to propose guidelines for possible legislation.


Author(s):  
Ruth A. Miller

This chapter takes the Turkish Republican decision in 1928 to replace its official Arabic script with Latin script—the Alphabet Revolution—as a second case study in nonhuman biopolitical nostalgia. Comparing Turkey’s demolition of its alphabet to similar twentieth-century moments in other modernist states, and contextualizing this history within a reading of nineteenth-century proselytizing on so-called phonetic logic, the chapter explores the varied lives of both the “new” and the “old” alphabet. It concludes that a dead alphabet is, like embryonic matter, also a reproducing, thinking, and nostalgic assemblage. As such, it remains, as other data hoards have and do, very much alive and political, even when it is seemingly put to rest.


2019 ◽  
pp. 551-590
Author(s):  
Lawrence M. Friedman

This chapter discusses the development of criminal law in the second half of the nineteenth century, covering the statute law of crimes, crime rates, insanity, punishment and correction, and victimless crimes. The formal criminal law in the late nineteenth century was by and large a matter of statute. The concept of the common-law crime had been wiped out in federal law. The concept also decayed on the state level. As of 1900, some states still technically recognized the possibility of a common-law crime. Other states, by statute, had specifically abolished the concept. Only acts listed in the penal code were crimes, and nothing else. In some states, the courts construed their penal codes as (silently) abolishing common-law crime. Where the concept survived, it was hardly ever used; the penal codes were as a practical matter complete and exclusive—the total catalog of crime.


2015 ◽  
Vol 46 (3) ◽  
pp. 393-419 ◽  
Author(s):  
Stijn Ronsse ◽  
Glenn Rayp

Belgium was one of the first continental countries to undergo industrialization and develop an extensive transportation infrastructure during the nineteenth century, completing the integration of its internal market by the early twentieth century. As such, the country is an ideal case study of the driving forces behind the decisions that industries made about where to locate. An analysis of factors embedded in both the Heckscher-Ohlin model and the new economic geography indicates that the main determinant of Belgium’s industrial locational pattern between 1896 and 1961 was proximity to regions with a high market potential.


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