The Study of Native Court Records as a Method of Ethnological Inquiry

Africa ◽  
1938 ◽  
Vol 11 (4) ◽  
pp. 412-427 ◽  
Author(s):  
R. De Z. Hall
Keyword(s):  
Subject Matter ◽  
Relative Frequency ◽  
Social Maladjustment ◽  
Present Stage ◽  
Court Records ◽  
Stage Of Development ◽  
Different Types ◽  
The Subject ◽  
Opening Paragraph

Opening ParagraphWherever native courts have been established and maintain W records of their proceedings, there is available a mass of material concerning native law and custom which, properly regarded, may be of great value to the ethnographer as well as to the administrator. In Tanganyika Territory, from one portion of which the material for the present paper is derived, the making of elaborate records of evidence and judgements is deprecated at the present stage of development, as likely to interfere with the smooth working of the courts. A minimum is required of the names of parties, a brief statement of the subject-matter, and a short judgement signed by the holder of the court, be he chief, headman, or chairman of a council. Under such circumstances, a study of records will show, at the least, the types of social maladjustment which bring people to court, with the relative frequency of different kinds of case: the manner in which different types of case are viewed by the court, whether as offences against society or as affecting only families or individuals: and probably some general indication of the tone of the society. From this type of record there will be an upward range to the most valuable of all for the student, those containing a precis of evidence and a full reasoned judgement.

The Prosecutor in Arbitration: A Historical Perspective

2021 ◽  
Author(s):  
E.V. Kolesnikov ◽  
Keyword(s):  
Economic Activity ◽  
Present Stage ◽  
Society Business ◽  
Economic Relations ◽  
Legal Norms ◽  
Stage Of Development ◽  
Legitimate Interests ◽  
The Subject ◽  
Business Entities ◽  
Degree Of Participation

The subject of the study is a retrospective of the legal norms formation. Under these norms the prosecutor will be able to govern the issues of ensuring the legitimate interests of the state, society, business entities and the rights of citizens in resolving disputes in the field of economic activity. Chronological framework of research includes the period from the establishment of prosecutor's office in 1722 up to the collapse of USSR in 1991. The relevant legislation is analyzed. The author examines the scope of prosecutor powers in this sphere at different stages of formation and development of prosecution, and reveals the problems of determining the prosecutor's office place in the system of existing at that time bodies of state power. It is concluded that the prosecution authorities, since their creation in Russia and up to the present stage of development, taking a greater or lesser degree of participation in the resolution of disputes in the sphere of economic activity, played a significant role in the protection of exclusively state interests. The interests of society, business entities and citizens in the sphere of economic activity if there is a dispute were considered only through the prism of such interests. The hierarchy of interests of participants of economic activity in dispute resolution was unbalanced and built without taking into account the interests of all participants of economic relations.

scholarly journals Institutionalization of Constitutional Norms in the Dynamics of the Subject Matter of the Legal Regulation

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
N. E. Taeva
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Natural Law ◽  
Constitutional Law ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Present Stage ◽  
The Subject

In the paper based on conceptual provisions put forward by Prof. Kozlova, the author sets the objective to identify tendencies that manifest themselves in the development of constitutional and legal institutions at the present stage taking into account the dynamics of the subject of legal regulation, as well as the ongoing transformation of the Russian legal system. In this regard, the author has examined the problem of expanding the field of relations regulated under constitutional law. The author has concluded about the blurring of boundaries between institutions of constitutional law, which entails the problem of attribution of norms to a particular institution. The paper has analyzed the issue of emergence of intersectoral institutions that can be characterized as neither public nor private, as neither substantive nor procedural. This leads to the need to change the very approach to the concept of “institution of law.” It is concluded that constitutional law institutions can contain unwritten legal regulators that can include both rules of natural law and rules of conduct developed directly in the society.

Researching Your Topic

2021 ◽  
pp. 80-89
Author(s):  
Brenda Hargroves
Keyword(s):  
Research Methods ◽  
Subject Matter ◽  
History Plays ◽  
Correct Method ◽  
Different Types ◽  
The Subject

This chapter discusses what a researcher should consider before examining a topic or project. Understanding the context of the topic, the audience, and why the subject matter is important are critical first steps. Identifying issues surrounding the topic and determining whether history plays a role in the process must also be considered. Different types of research methods and choosing the correct method to facilitate meeting the research objective are addressed. Lastly, the author suggests various tools that should be selected to examine a topic or project.

scholarly journals III. The croonian lecture. - On the discovery, morphology, and environment of Sinanthropus pekinensis

1934 ◽  
Vol 223 (494-508) ◽  
pp. 57-120 ◽  
Keyword(s):  
Subject Matter ◽  
Research Laboratory ◽  
Geological Survey ◽  
Present Stage ◽  
Present Communication ◽  
Geological Society ◽  
The Subject

During the interval which has elapsed since the subject-matter of this paper was presented in lecture form, a memoir has been completed by the Cenozoic Research Laboratory of the Geological Survey of China, on the subject of “ Fossil Man in China ” and ancillary problems of Cenozoic research in that area (Black and others, 1933). By reason of this fortunate circumstance it has become possible to incorporate in the present communication a resume of the chief geological, palaeontological, and archaeological conclusions to which we have been led as a result of the completion to its present stage of that wider study. It is a pleasure to acknowledge here my indebtedness to my friends and colleagues of the staff of the Cenozoic Research Laboratory, without whose cordial co-operation and assistance the present paper could not have been written. To my friends Dr. V. K. Ting, Honorary Director of Cenozoic Research in China, and Dr. Wong Wen Hao, Director of the Geological Survey of China, I wish also to express again my most hearty thanks for their unfailing help and support throughout the whole course of my work in China. I wish further to thank Dr. Wong for permission to use here, in modified form, a number of illustrations which have appeared earlier in publications either of the Geological Survey, or of the Geological Society, of China. The general physiography and location of the Choukoutien area is admirably illustrated in Professor G. B. Barbour’s two block diagrams, figs. 1 and 2, and in the three field sketches by the same artist of the immediate Choukoutien terrain, here reproduced in fig. 3. I am much indebted to Professor Barbour for his kindness in preparing and permitting me to use these instructive and artistic illustrations.

scholarly journals Intellectual Property Litigation at the Court of Session: A First Empirical Investigation

2017 ◽  
Vol 21 (2) ◽  
pp. 192-216
Author(s):  
Jane Cornwell
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Empirical Investigation ◽  
Research Data ◽  
Civil Justice ◽  
Court Records ◽  
The Subject ◽  
Jurisdictional Competition

Scotland is said to enjoy an economy rich in intellectual property (“IP”), but reported decisions from the Court of Session in IP matters are rare. This article analyses a new dataset of Court of Session IP actions compiled from court records for the period from 2008 to 2014, alongside a survey and interviews conducted among Scottish legal practitioners working in the field of IP. The research provides insights into the Court of Session's IP caseload, parties and their sectors, the subject matter of claims and remedies sought. This article discusses key themes emerging from the research data against the broader context of civil justice reform and jurisdictional competition between the Scottish, English and other courts.

scholarly journals Faza rekonstrukcyjna derywacyjnej koncepcji wykładni - próba krytycznej analizy

2017 ◽  
pp. 7-46
Author(s):  
Krzysztof Mularski
Keyword(s):  
Subject Matter ◽  
Prima Facie ◽  
Legal Provisions ◽  
Different Types ◽  
The Subject ◽  
Legal Consequences ◽  
Transition Procedure

The subject matter of the paper is the reconstructive phase of the derivative conception of interpretation. In this phase, the task of the interpreter is to recreate (reconstruct) from provisions of law a normative expression which later becomes the subject of further interpretation aimed at obtaining (or recognising, reconstructing) norm established by the legislator. Conducting the reconstructive phase allows you to move on to the next, perceptual phase of interpretation, grouping different types of interpretation directives. The paper presents doubts raised by the derivative conception in the chosen scope and attempts to indicate its possible modifications. Especially the theses on the "transition" procedure (paraphrase, semantic derivation) from provisions of law to the normative expression are considered controversial. The proposed modifications concern primarily a thesis of the need to make a set of legal provisions relevant prima facie for determining legal consequences of a given class of events the subject matter of interpretation carried out according to the principles of the perceptual phase.

scholarly journals School-House Relationships on Different Stages of Children and Teenagers (Youth) Development

Pedagogika ◽  
2014 ◽  
Vol 114 (2) ◽  
pp. 106-115
Author(s):  
Małgorzata Bednarska
Keyword(s):  
Youth Development ◽  
Subject Matter ◽  
Well Being ◽  
Educational Process ◽  
Stage Of Development ◽  
The Subject

The school-house relationships have great impact on the quality of the educational process. This article is to draw an attention to those relationships, taking into consideration particularly different relations between the teacher and the parent regarding the stage of development of the student, who is the subject of this issue. It seems that the awareness of parents and teachers of the subject matter of this relationship, on what they should focus, especially what tasks they should perform for the child’s sake and his well being, can significantly improve not only school-house relationships, but above all things, it can generally improve the situation of the child at school which he or she attends.

The Civil Litigation System

2017 ◽  
Author(s):  
Steven P. Croley
Keyword(s):  
Subject Matter ◽  
Civil Litigation ◽  
Shared Understanding ◽  
Civil Action ◽  
System P ◽  
Different Types ◽  
The Subject ◽  
Civil Cases

This chapter provides a primer to the subject matter of the book. It introduces the reader to the basic mechanics of the civil litigation system: the structure of the courts, the boundaries of litigation, the different types of civil claims and defenses, and parties to civil cases (distinguishing plaintiffs and defendants), the fundamentals of a civil action, and the overall volume of civil litigation across different types of cases, including contract, tort, and others. In addition to offering an overview of civil litigation, this chapter also emphasizes the need for a shared understanding of what the system does and what it is supposed to do—laying the groundwork for the chapters that follow.

Guy of Saint-Denis on the tones: thinking about chant for Saint-Denis c.1300

2014 ◽  
Vol 23 (2) ◽  
pp. 153-178
Author(s):  
CONSTANT J. MEWS ◽  
JOHN N. CROSSLEY ◽  
CAROL WILLIAMS
Keyword(s):  
Subject Matter ◽  
Thomas Aquinas ◽  
British Library ◽  
The Arts ◽  
Different Types ◽  
Final Item ◽  
The Subject ◽  
Ongoing Concern

ABSTRACTThis article examines the thinking of Guy of Saint-Denis about plainchant tones as formulated in his Tractatus de Tonis (c.1300), preserved as the final item in an anthology of texts that he prepared (British Library, MS Harley 281). It examines his attitude to each of the major theorists singled out in this anthology. It argues that Guy's approach to chant combines the practically oriented writings of Guido of Arezzo with the Aristotelian perspective formulated by Johannes de Grocheio, but takes that perspective a step further by reflecting on the ways different types of chant impact on the emotions. Guy was also much influenced by Peter of Auvergne, a philosopher in the Arts Faculty at Paris committed to developing the teaching of Thomas Aquinas. Careful corrections to the Tractatus in Harley 281 reflect this ongoing concern to refine his thinking, possibly stimulated by Jerome of Moravia. His core conviction is that chant modes each have an affective attribute, and need to be chosen according to the subject matter of the text being sung. Guy criticised the practice of choosing modes sequentially in liturgical offices composed by those he calls ‘moderns’. Guy argues his case by drawing on examples of chant from Saint-Denis. A case can be made, on palaeographic grounds, for identifying him with Guy of Châtres, abbot of Saint-Denis (1326–42) and author of a Sanctilogium that updates the traditional monastic martyrology by reference to more recent Dominican collections of saints' lives in order to make them more accessible for liturgical use.

INDIVIDUAL FACES OF COMPARATIVE LAW AT THE PRESENT STAGE OF ITS DEVELOPMENT

10.12737/1003 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 25-30
Author(s):  
Оксана Тюрина ◽  
Oksana Tyurina
Keyword(s):  
Social Life ◽  
Comparative Law ◽  
Present Stage ◽  
Legal Studies ◽  
Stage Of Development ◽  
The Social ◽  
Standards Of Conduct ◽  
The Subject ◽  
Anthropological Approach ◽  
Methodological Approaches

Based on the characteristics of the various understandings of the subject of comparative jurisprudence the author considers its subject-methodological possibilities in the cognition of the legal reality at the national and global levels, grounded on the scientific and methodological approaches, the potential for use in comparative jurisprudence. Indicated that despite the variety and diversity of legal systems human values are determined by the nature of human, which in turn determines the nature and social essence of law. Emphasized that in the context of intense scientific and technological progress, affecting the globalization of social life and the processes of legal unification, law is able to store and transmit the social memory of humanity and to form the necessary standards of conduct, grounded on the needs of society. In this context is argued a specific role for comparative jurisprudence as a science, focused on the identification of “self”, “next”, “other” by the way of comparative cognition. One of the faces of comparative jurisprudence at the present stage of development stands out for his humanistic orientation, which can be implemented in combination and correlation with the anthropological approach to comparative legal studies.

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