The Urgenda Appeal Decision and the Argument from Physical Necessity

2018 ◽  
Author(s):  
Alexander Zahar
Keyword(s):  
Physical Necessity ◽  
Appeal Decision

Legal Maxims: Summaries and Extracts from Selected Case Law

2017 ◽  
Author(s):  
Anna Buono ◽  
Nadia Napoli ◽  
Anna Oriolo ◽  
Caterina Tuosto ◽  
Anna Vigorito
Keyword(s):  
Democratic Republic ◽  
Case Law ◽  
Trial Chamber ◽  
Republic Of The Congo ◽  
Appeal Decision

1.SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGOThe Prosecutor v. Mathieu Ngudjolo Chui, Case No. ICC-01/04-02/12-A, Appeals Chamber Judgment on the Prosecutor’s Appeal Decision of Trial Chamber II Entitled “Judgment Pursuant to article 74 of the Statute”, 27 February 2015The Prosecutor v. Thomas Lubanga Dyilo...

Because Without Cause

2018 ◽  
Author(s):  
Marc Lange
Keyword(s):  
Natural Kinds ◽  
Explanatory Power ◽  
Scientific Explanations ◽  
Physical Necessity ◽  
Explanatory Priority ◽  
Causal Laws

This chapter investigates non-causal scientific explanations that work by describing how the explanandum involves stronger-than-physical necessity by virtue of certain facts (“constraints”) that possess some variety of necessity stronger than ordinary causal laws possess. In particular, the chapter offers an account of the order of explanatory priority in explanations by constraint. It examines several important examples of explanations by constraint, distinguishing their natural kinds. It gives an account of the sense in which constraints are modally stronger than ordinary causal laws and an account of why certain deductions of constraints exclusively from other constraints possess explanatory power whereas others lack explanatory power.

Fracturing Constitutional Rights: The Prosecution of Alleged Broadcast Infringers in Nigeria

2020 ◽  
pp. 1-15
Author(s):  
Bankole Sodipo
Keyword(s):  
Civil Liability ◽  
Copyright Infringement ◽  
Law Reform ◽  
Constitutional Rights ◽  
Appeal Decision ◽  
Written Law ◽  
Court Of Appeal ◽  
Material Form

Abstract Infringement of broadcasts is often treated as a crime. The Nigerian Constitution guarantees that no-one can be prosecuted for any act that is not prescribed in a written law. Section 20 of Nigeria's Copyright Act only criminalizes dealing with infringing copies. A “copy” is defined in terms of material form. An infringing broadcast therefore connotes a recorded broadcast or a copy of a broadcast. This article argues that, statutorily, not every act that gives rise to civil liability for broadcast copyright infringement constitutes a crime. The article reviews the first broadcast copyright prosecution Court of Appeal decision in Eno v Nigerian Copyright Commission. Eno was unlawfully prosecuted, convicted and imprisoned. The article seeks to stem the wave of prosecutions on the type of charges used in Eno. In the absence of law reform, the prosecutions based on the line of charges in Eno constitute a fracturing of constitutional rights.

IRC v Eversden. Court of Appeal decision to be reversed by Parliament

2003 ◽  
Vol 9 (7) ◽  
pp. 35-35
Author(s):  
R. Vos
Keyword(s):  
Appeal Decision ◽  
Court Of Appeal

Causing or inciting sexual activity with persons who have a mental disorder

2021 ◽  
Vol 30 (21) ◽  
pp. 1258-1259
Author(s):  
Richard Griffith
Keyword(s):  
Mental Disorder ◽  
Sexual Activity ◽  
Health Law ◽  
Sexual Offences ◽  
Senior Lecturer ◽  
Care Workers ◽  
Appeal Decision ◽  
Sexual Offences Act 2003 ◽  
Court Of Appeal

Richard Griffith, Senior Lecturer in Health Law at Swansea University, discusses the implications of a Court of Appeal decision that considers the scope of the Sexual Offences Act 2003, section 39, in relation to care workers

scholarly journals The Scope of Safety Warrants Under the Children, Young Persons, and Their Families Act 1989

1997 ◽  
Vol 27 (2) ◽  
pp. 301
Author(s):  
P Beverley
Keyword(s):  
Family Unit ◽  
The Family ◽  
Appeal Decision ◽  
Court Of Appeal

The Children, Young Persons, and Their Families Act 1989 ("CYPF Act") recognises that the interests of a child will be generally best served within the family unit. This recognition is subject to the qualification that a child should be removed from that unit whenever there is an unacceptable risk of harm to that child. This analysis will consider one mechanism provided by the Act to facilitate such removal, and the effect of the Court of Appeal decision in R v Kahu.

An Empiricist View on Laws, Quantities and Physical Necessity

Theoria ◽  
2019 ◽  
Vol 85 (2) ◽  
pp. 69-101
Author(s):  
Lars‐Göran Johansson
Keyword(s):  
Physical Necessity

The Enduring Legacy of ‘Reckless Disregard’

2005 ◽  
Vol 34 (4) ◽  
pp. 316-335 ◽  
Author(s):  
David McArdle
Keyword(s):  
British Columbia ◽  
Common Law ◽  
Standard Of Care ◽  
Personal Injury ◽  
Duty Of Care ◽  
Canadian Province ◽  
England And Wales ◽  
Appeal Decision ◽  
The Impact ◽  
Court Of Appeal

Personal injury at common law has spawned many cases where sports participants have inflicted injury either upon other participants or upon spectators/bystanders. This paper is not an exhaustive analysis of those ‘sports torts' cases but focuses instead upon the impact of Wooldridge v Sumner, a Court of Appeal decision that was legally sound but based upon highly significant errors of fact, and which has subsequently been advanced before the courts in two jurisdictions as authority for untenable propositions that concern both the standard of care and the duty of care owed by sports participants. While a consideration of the authorities prior to Wooldridge illustrates that there was never a basis at common law for the argument that either the standard or the duty of care differed from that pertaining in non-sporting contexts, the case has been appropriated by counsel in order to argue along those lines even though Wooldridge is not authority for either proposition. On some occasions those arguments have actually received the support of the courts of England and Wales and of the Canadian Province of British Columbia. Despite the existence in both jurisdictions of more recent authorities that ought to have heralded the demise of both concepts, they have proved remarkably tenacious.

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