Debates in the House of Lords, 1628

1925 ◽  
Vol 8 ◽  
pp. 38-55
Author(s):  
H. Relf

In searching through the Bodleian last April for debates in the House of Commons during the period of the sixteentwenties, I came across a volume of debates in the House of Lords. My attention was attracted by the subject-matter, for the volume was taken up almost entirely with the Lords' discussion of the Petition of Right during the month of May, 1628. The more I read, the more I was impressed with the amount of information on that important subject added by these notes. From the handwriting, the notes were easily identified as those of Henry Elsing, Clerk of the Parliaments. Then I remembered that earlier in the winter, in going over manuscript material in the Petyt Collection, I had there noted two volumes of debates in the House of Lords. Upon a comparison of handwriting, I found that those volumes were also the work of Henry Elsing. One of the volumes was for 1621, but the other covered the session of 1628 from the beginning to the point where the Bodleian volume begins. Here was more material on the Petition of Right. But for the time being my interest swerved from that particular subject to a more general consideration of the value of my discoveries, and to the possibility it opened up of carrying on a work of editing begun by Samuel Rawson Gardiner.

Legal Studies ◽  
1992 ◽  
Vol 12 (2) ◽  
pp. 195-209 ◽  
Author(s):  
Gerard McCormark

Reservations of title clauses have enjoyed mixed fortunes in recent times at the hands of the courts in Britain. On the one hand, the House of Lords has upheld the validity and effectiveness of an ‘all-liabilities’ reservation of title clause. On the other hand, claims on the part of a supplier to resale proceeds have been rejected in a string offirst instance decisions. Reservation of title has however been viewed more favourably as a phenomenon in New Zealand. In the leading New Zealand case Len Vidgen Ski and Leisure Ltd u Timam Marine Supplies Ltd. a tracing claim succeeded. Moreover in Coleman u Harvey the New Zealand Court of Appeal gave vent to the view that the title of the supplier is not necessarily lost when mixing of goods, which are the subject matter of a reservation of title clause, has occurred. There are now a series of more recent New Zealand decisions, some of them unreported, dealing with many aspects of reservation of title.


1980 ◽  
Vol 39 (1) ◽  
pp. 58-87
Author(s):  
A. J. Oakley

In recent years, the availability of pecuniary compensation for failure to complete a contract for the sale of land has provoked considerable discussion, both in the courts and elsewhere. Where such a failure has occurred, a number of possible claims are open to the other party. His most obvious source of pecuniary compensation is undoubtedly an action for damages for breach of contract. Alternatively, he may seek to obtain damages in lieu of a decree for specific performance. Further, he may be able, in appropriate circumstances, to seek damages for misrepresentation either under the law of tort or under the provisions of the Misrepresentation Act 1967. Finally, if he is the purchaser, he may be able to base a claim for pecuniary compensation on the fact that the vendor is a constructive trustee of the subject matter of the contract pending completion. The interrelation of these different remedies (which have often been held to give very different measures of recovery) both with one another and with the remedies of specific performance and rescission has given rise to a number of difficulties, several of which had to be considered by the House of Lords in the recent case of Johnson v. Agnew. The purpose of this paper is to compare and contrast these different remedies in the light of the recent authorities.


2020 ◽  
Vol 29 ◽  
pp. 11-33
Author(s):  
Janusz Mariański

In this article, the issue of structural individualisation, which is one of the results of social modernisation, is adopted as the subject-matter. In the processes of individualisation, it is, first and foremost, the importance of an individual human being and matters relevant to their life, including the obligation to make constant choices in all the aspects of life, that is placed emphasis upon. In the aspect of values, the process of individualisation means transfer from values seen as responsibilities (related to duties) to values connected with self-fulfilment (self-development). The consequence of individualisation is the significant changes in the realm of morality: departing from traditional moral values and standards, permissivism and moral relativism, the destruction of normativity, and the secularisation of morality. On the other hand, it creates the opportunity to determine one's own moral choices and shapean autonomous moral personality.


1999 ◽  
Vol 17 (1) ◽  
pp. 87-98
Author(s):  
René Gothóni

Religion should no longer only be equated with a doctrine or philosophy which, although important, is but one aspect or dimension of the phenomenon religion. Apart from presenting the intellectual or rational aspects of Buddhism, we should aim at a balanced view by also focusing on the mythical or narrative axioms of the Buddhist doctrines, as well as on the practical and ritual, the experiential and emotional, the ethical and legal, the social and institutional, and the material and artistic dimensions of the religious phenomenon known as Buddhism. This will help us to arrive at a balanced, unbiased and holistic conception of the subject matter. We must be careful not to impose the ethnocentric conceptions of our time, or to fall into the trap of reductionism, or to project our own idiosyncratic or personal beliefs onto the subject of our research. For example, according to Marco Polo, the Sinhalese Buddhists were 'idolaters', in other words worshippers of idols. This interpretation of the Sinhalese custom of placing offerings such as flowers, incense and lights before the Buddha image is quite understandable, because it is one of the most conspicuous feature of Sinhalese Buddhism even today. However, in conceiving of Buddhists as 'idolaters', Polo was uncritically using the concept of the then prevailing ethnocentric Christian discourse, by which the worshippers of other religions used idols, images or representations of God or the divine as objects of worship, a false God, as it were. Christians, on the other hand, worshipped the only true God.


1942 ◽  
Vol 36 (4) ◽  
pp. 614-620
Author(s):  
William Marion Gibson

In explaining the nature of international law, each of the two major schools of thought draws upon legal philosophy and practice for evidence in support of its interpretation. It is not the purpose of this note to offer any conclusions or proofs as to the validity of the reasoning of one or the other of the two schools. It would require more than the subject-matter here considered to prove the “Monist” position, or to detract from that of the “Dualist.” However, inasmuch as state practice is one of the guides to the resolution of the debate on the nature of international law, it is hoped that an explanation of the attitude of the Colombian Supreme Court concerning the relationship of pacta to the national constitution and legislation of that state may merit mention.


2020 ◽  
Vol 51 ◽  
pp. 243-268
Author(s):  
Julie M. Johnson

AbstractThis article positions multidisciplinary artist Friedl Dicker-Brandeis at the center of a web that spans Vienna 1900, the Weimar Bauhaus, and interwar Vienna. Using a network metaphor to read her work, she is understood here as specialist of the ars combinatoria, in which she recombines genre and media in unexpected ways. She translates the language of photograms into painting, ecclesiastical subject matter into a machine aesthetic, adds found objects to abstract paintings, and paints allegories and scenes of distortion in the idiom of New Objectivity, all the while designing stage sets, costumes, modular furniture, toys, and interiors. While she has been the subject of renewed attention, particularly in the design world, much of her fine art has yet to be assessed. She used the idioms of twentieth-century art movements in unusual contexts, some of these very brave: in interwar Vienna, where she created Dadaistic posters to warn of fascism, she was imprisoned and interrogated. Always politically engaged, her interdisciplinary and multimedia approach to art bridged the conceptual divide between the utopian and critical responses to war during the interwar years. Such engagement with both political strains of twentieth-century modernism is rare. After integrating the interdisciplinary lessons of Vienna and the Weimar Bauhaus into her life's work, she shared these lessons with children at Terezín.


2019 ◽  
Vol 78 ◽  
pp. 264-279
Author(s):  
Sławomir Lewandowski

A lawyer’s conversation with a client is discourse of special character including elements of a legal discourse. One of the parties in this discourse (client) speaks about facts and the other party (lawyer) provides information about law. The content, form as well as effectiveness of the legal argumentation which a lawyer presents in such a situation depends on a number of factors in terms of both the subject matter and the person concerned. This argumentation is characterised by lack of formalisation, however, it has certain limitations of legal, pragmatic and ethical nature. It precedes and to some extent prepares the argumentation which will be presented in the process of law application.


1928 ◽  
Vol 21 (3) ◽  
pp. 151-162
Author(s):  
Louis A. McCoy

In the work of teaching secondary school mathematics in a large school where there are as many as twelve different divisions of the same subject, it would be very interesting and indeed very enlightening to see the different grades of work being done. Different teachers have their own pet ways of doing things, of presenting new matter, of conducting recitations, of drilling on old matter, of developing mathematical power in their pupils, etc. And yet they are all striving for the same results. The fact that one teacher's pupils consistently attain better results naturally should put a premium on that teacher's methods, and the work of the department would be improved if some of the other teachers would take a leaf out of the successful teacher's book. Students will often remark “So and So is a good teacher; I get a lot out of his class; he makes things clear; he has good discipline; he certainly gets the stuff over, etc.”An inspector visits the class, notes the attitude of the pupils, the personality and skill of the teacher, and oftentimes is familiar enough with the subject matter of the recitation to see if the pupils are catching and giving back the right things, and then grades the teacher as an Al man, for example. But does the opinion of the boys themselves or the visitor answer the question whether or not the teacher is successful in giving his subject to the pupils? Don't we need something more objective, more tangible, more exact on which to pin our faith? In general the supervisors are hitting it right, also the students, but we think we can do better.


1942 ◽  
Vol 35 (4) ◽  
pp. 169-174
Author(s):  
Lucien B. Kinney

A favorite argument in educational circles, in times not long passed, concerned the relative importance of subject-matter, as compared to methods, in the preparation of the teacher. Stated positively, the subject for debate might be stated in the cliché, “If you know your subject you can teach it.” Today we recognize that both are necessary, and neither is useful without the other. Yet even together they are not sufficient without a third component-an appreciation of the purposes of education here and now.


2014 ◽  
Vol 18 (3) ◽  
pp. 43-51
Author(s):  
Becky Manley

The purpose of this study was to develop knowledge about what responsible leadership is as well as develop a theoretical model for responsible leadership in the perspective of caring science. Instrumental and economic discourses can result in a technological and artificial understanding of being. Therefore, present is a basic research study exploring core ontological questions pertaining to what leadership is. The study shows that leadership is part of the human existence and entails giving the human substance movement and direction. Leadership becomes responsible leadership by assuming responsibility for the other and by understanding responsibility for caring as the subject matter. Responsible leadership is to give one’s own and others’ responsibility impetus and direction toward others’ vulnerability and suffering. This is to serve in humility and proxy.


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