Francis Lieber —His Life and His Work: Part I

1911 ◽  
Vol 5 (1) ◽  
pp. 84-117 ◽  
Author(s):  
Ernest Nys
Keyword(s):  
Executive Power ◽  
Business Organizations ◽  
Conflict Of Laws ◽  
The Earth ◽  
Law Of Nations ◽  
The World ◽  
The Will ◽  
The Subject ◽  
The Law

As a characteristic of contemporary civilization, history will doubtless point to the unceasing effort to establish on a solid basis the juridical organization of the world. The essential requisites are already at hand. Facility of communication, suppression of distances, the fact that the different regions are in constant communication, all of these things greatly facilitate the work. There are no longer undiscovered lands, or inaccessible countries. In the commercial and industrial world business organizations embrace all the nations of the earth. In the intellectual domain, an irresistible international movement has succeeded the narrow conceptions heretofore existing. It is especially in the domain of law that such manifestations have been shown and are still shown with an ever-increasing intensity. In the vast subject of the conflict of laws, an effort is being made to obtain uniform rules; in the subject of the law of nations not only have numerous conventions been concluded, some of which number as contracting parties practically all the states; but the application of justice has been organized, and, already, has gone beyond the phase of arbitration; there exists a true judicial court, a court which declares and decides law in its own right instead of depending upon the will of those amenable to its jurisdiction. Everything indicates that the time is close at hand when a legislative and an executive power will be established over the nations; at any rate, no one nowadays thinks of pronouncing such institutions impossible and fit to be classed with unrealizable dreams.

scholarly journals The Declaration of the Rights and Duties of Nations Adopted by the American Institute of International Law

1916 ◽  
Vol 10 (2) ◽  
pp. 211-221 ◽  
Author(s):  
Elihu Root
Keyword(s):  
International Law ◽  
Foreign Relations ◽  
American Institute ◽  
Foreign Service ◽  
The People ◽  
Law Of Nations ◽  
The World ◽  
The Subject ◽  
The Law ◽  
International Events

With this meeting we finish the first decade of this Society. How great is the change of conditions in the field of international law during that period. Ten years ago all the governments of the world professed unqualified respect and obedience to the law of nations, and a very small number of persons not directly connected with government knew or cared anything about it. In this country at least international law was regarded as a rather antiquated branch of useless learning, diplomacy as a foolish mystery, and the foreign service as a superfluous expense. Now that governments have violated and flouted the law in many ways and with appalling consequences, the people of this country at least have begun to realize that observance of the law has a real and practical relation to the peace and honor of their own country and their own prosperity. They are beginning to take an interest in the subject, to discuss it in the newspapers, to inquire how observance of the law may be enforced. There appears a dawning consciousness that a democracy which undertakes to control its own foreign relations ought to know something about the subject. If we had not established this Society ten years ago to study and discuss and spread a knowledge of international law it would surely be demanded now, and we may be certain that our annual public discussions and the publication of the admirable Journal which we have always maintained, with its definite and certain informa-lion upon international events, its interesting and well informed discussion of international topics, and its supplements, with their wealth of authentic copies of international documents, have contributed materially towards fitting the people of our country to deal with the international situations which are before them.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

New and not so new strategies in promoting integrity with particular reference to Africa

2018 ◽  
pp. 38-74
Author(s):  
Barry Rider
Keyword(s):  
World Economy ◽  
Intelligence Community ◽  
Generational Change ◽  
Post Colonial ◽  
Self Interest ◽  
The World ◽  
The Will ◽  
The Law ◽  
Financial Intelligence ◽  
New Strategies

This article is focused on exploration not merely proposed developments in and refinements of the law and its administration, but the very significant role that financial intelligence can and should play in protecting our societies. It is the contention of the author that the intelligence community at large and in particular financial intelligence units have an important role to play in protecting our economies and ensuring confidence is maintained in our financial institutions and markets. In this article the author considers a number of issues pertinent to the advancement of integrity and in particular the interdiction of corruption to some degree from the perspective of Africa. The potential for Africa as a player in the world economy is enormous. So far, the ambiguous inheritance of rapacious empires and the turmoil of self-dealing elites in post-colonial times has successfully obscured and undermined this potential. Indeed, such has been the mismanagement, selfishness and importuning that many have grave doubts as to the ability of many states to achieve an ordered transition to what they could and should be. South Africa is perhaps the best example of a society that while avoiding the catastrophe that its recent past predicted, remains racked by corruption and mismanagement. That there is the will in many parts of the continent to further stability and security by addressing the cancer of corruption, the reality is that few have remained or been allowed to remain steadfast in their mission and all have been frustrated by political self-interest and lack of resources. The key might be education and inter-generational change as it has been in other parts of the world, but only an optimist would see this coming any time soon – there is too much vested interest inside and outside Africa in keeping things much as they are! The author focuses not so much on attempting to perfect the letter of the law, but rather on improving the ways in which we administer it.

scholarly journals Global environmental problems in the world

2020 ◽  
Vol 217 ◽  
pp. 11004
Author(s):  
Galina Semenova
Keyword(s):  
Air Pollution ◽  
Environmental Problem ◽  
Global Environmental Problems ◽  
The Earth ◽  
Global Environmental ◽  
The World ◽  
The Subject ◽  
Harmful Substances ◽  
Pulp And Paper Industries ◽  
The Impact

Air pollution is an environmental problem that is familiar to residents of absolutely all corners of the earth. It is especially acutely felt by residents of cities where enterprises of ferrous and non-ferrous metallurgy, energy, chemical, petrochemical, construction, pulp and paper industries operate. In some cities, the atmosphere is also severely poisoned by vehicles and boiler houses. These are all examples of anthropogenic air pollution. The subject of the study is the emissions of carbon dioxide into the environment. The purpose of the study is to solve the problem of environmental pollution by harmful substances and preserve the ecology in the world. Methodology. The main indicators characterizing the impact on the environment - CO2 emissions in the global energy sector - have been systematized; two indicators have been identified that determine the level of atmospheric pollution. Results - the scale of the influence of atmospheric air pollution on human health and the entire ecosystem as a whole was revealed.

scholarly journals Variety of theoretical approaches to legal interpretation

2021 ◽  
pp. 109-114
Author(s):  
A. Yе. Shevchenko ◽  
S. V. Kudin
Keyword(s):  
Social Relations ◽  
Theoretical Approach ◽  
Special Kind ◽  
Integrative Approach ◽  
Legal Interpretation ◽  
True Nature ◽  
Theoretical Approaches ◽  
The Will ◽  
The Subject ◽  
The Law

The article explores the variety of theoretical approaches to legal interpretation. It has been determined that the variety of approaches to legal interpretation is due to the complexity of the nature of the origin of this phenomenon, the conditions for the development of post-non-classical science, and the recent influence of the paradigm of comparism, which assumes pluralism of opinions and ideas in legal research. It was found that in modern science there are four traditional theoretical approaches to the essence of legal interpretation. It has been determined that the content of the first approach is revealed within the framework of legal hermeneutics through a number of categories. The essence of the second approach (formal dogmatic or static) is expressed in the fact that the subject of interpretation must strictly and rigorously follow the letter of the law, establish only the meaning of the normative legal act, which the lawmaking body enshrined in it at the time of the publication of the act. That is why normative legal acts cannot, through interpretation, adapt to the changing economic, social, political, cultural internal and external conditions of public life. It is proved that the essence of the dynamic theoretical approach lies in the fact that the subject of legal interpretation adapts the normative legal act to the changes that occur in various social relations. It was found that there is a contradiction between the dynamic and static approaches in legal interpretation, which is reflected in the traditionally called objective and subjective theories of interpretation. According to the subjective theory, the purpose of legal interpretation is to establish the «will of the legislator», and according to the objective theory – to establish the «will of the law». It has been substantiated that the essence of the activity approach is that interpretation is considered as a special kind of legal activity aimed at understanding and clarifying the content of legal texts. The authors of this article point out that in order to establish the true nature of legal interpretation, the methodological foundations of the study should be presented much broader and more diverse, and not be limited only to traditional approaches. When studying it, a comprehensive, integrative approach is needed, which, based on the relevance of interdisciplinary relationships, would include logical, language (linguistic), philosophical, sociological, psychological, axiological (value), ethical, legal, historical, economic, political, mathematical and other substantiation of legal interpretation. Keywords: diversity, theoretical approach, legal interpretation, interpretive practice, integrative approach

Letter to the Editor

2002 ◽  
Vol 17 (4) ◽  
pp. 192-192
Author(s):  
Ian Winspur
Keyword(s):  
Subject Matter ◽  
Performing Arts ◽  
Scientific Evidence ◽  
Performing Arts Medicine ◽  
Letter To The Editor ◽  
The World ◽  
The Subject ◽  
The Law

I enjoyed Alice Brandfonbrener’s editorial “But I Didn’t Ask to Be a Lawyer” in the June 2002 issue of MPPA [MPPA 2002;17(2):57]. I understand and sympathize with her. Many physicians who, like her, are involved in these cases for altruistic reasons rather than pure commercial—-and I believe that this is more common in the world of performing arts medicine—-must find themselves in the same predicament. However, in the words of an eminent English lawyer, who qualified and practiced as a gynecologist before turning to the law, when considering medical and scientific evidence (or in many cases, including performers, non-scientific evidence!): “However scientific the subject matter of the claim and however recondite the evidence and the argument, the legal definitions must apply in a Court of Law; the problem for the lawyer is in making the scientist understand a totally different concept of proof required by the court.” Therefore physicians involved, whether altruistic or not, must understand the basis of these claims.

The Origin of the Judges’ Rules

2020 ◽  
pp. 33-53
Author(s):  
Mike McConville ◽  
Luke Marsh
Keyword(s):  
Twentieth Century ◽  
Critical Issue ◽  
Home Office ◽  
The World ◽  
The Subject ◽  
The Law ◽  
Police Forces

The point at which the liberty of the subject can be subject to interference by force of the law is a critical issue and one reliant on the integrity of judicial oversight. Focusing on the start of the twentieth century, this chapter addresses the discontinuities in the then existing rules relating to the interrogation of suspected persons (embodied by the Judges’ Rules of 1912, whose obscure origins are discussed) and the divergent responses of different police forces to the cautioning and questioning process. From this it explores how the need for closer formal regulation arose and the role of Home Office officials (the very same as those involved in the Adolph Beck case) in drafting the first revision of the Judges’ Rules in 1918 which were to remain in force for almost fifty years. These inapt and inexpertly drafted Rules thereafter laid the foundations for policing regulation in jurisdictions around the world.

Hague Conventions on Private International Law

2019 ◽  
pp. 239-272
Author(s):  
V.C. Govindaraj
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Active Member ◽  
Private International Law ◽  
Conflict Of Laws ◽  
World Community ◽  
Child Abduction ◽  
The World ◽  
The Hague ◽  
The Law

The world has to acknowledge the contribution the Hague Conference on Private International Law has hitherto made and continues to make in its endeavour to obtain from the world community approval and acceptance of the outcome of its efforts to unify rules of conflict of laws. India has become an active member of the Hague Conference. This chapter discusses the recognition of decrees of divorces and judicial separation and maintenance obligations; child custody and child abduction; the law relating to succession; the law relating to service of summons abroad; Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 1961; and Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters, 1970.

Public Law

2020 ◽  
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Public Law ◽  
Political Context ◽  
Legal Issues ◽  
Executive Power ◽  
The Subject ◽  
Key Topics ◽  
The Law

Public Law is an advanced text that comprehensively covers the key topics in the field of public law. The book presents an analysis of the law and institutions of public law, and places the legal issues within the wider socio-political context within which the constitution operates. Three key themes that permeate the content allow readers to approach the subject in a structured way. The key themes are the significance of executive power in the contemporary constitution and the challenge of ensuring that those who wield it are held to account, the shift in recent times from a political to a more legal constitution and the implications of this change, and the increasingly ‘multilayered’ character of the British constitution.

The Puritan Cosmopolis

2018 ◽  
Author(s):  
Nan Goodman
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
Ottoman Empire ◽  
Thought Experiments ◽  
Law And Literature ◽  
Significant Relation ◽  
Trade Routes ◽  
Law Of Nations ◽  
The World ◽  
The Law

This book traces the emergence of a sense of kinship with and belonging to a larger, more inclusive world within the law and literature of late seventeenth-century Puritanism. Connected to this cosmopolitanism in part through travel, trade, and politics, late seventeenth-century Puritans, it is argued, were also thinking in terms that went beyond these parameters about what it meant to feel affiliated with people in remote places—of which the Ottoman Empire is the best, but not the only example—and to experience what Bruce Robbins calls “attachment at a distance.” In this way Puritan writers and readers were not simply learning about others but also cultivating an awareness of themselves as “stand[ing] in an ethically significant relation” to people all around the world. The underlying source of these cosmopolitan predilections was the law, specifically the law of nations, often considered the precursor to international law. Through the terms for sovereignty, obligation, and society made available by a turn toward the cosmopolitan within the law, the Puritans experimented with concepts of extended obligation and ideas about a society consisting of all humans, not just those living on certain trade routes or within certain foreign communities. In mapping out these thought experiments, The Puritan Cosmopolis uncovers Puritans who were reconceptualizing war, contemplating new ways of cultivating peace, and rewriting the rules for being Puritan by internalizing legal theories about living in a larger, more inclusive world.

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