John Philpot – Archdeacon of Winchester and Martyr (1515–1555)

2021 ◽  
Vol 76 (1) ◽  
pp. 96-120
Author(s):  
Andrew Payne
Keyword(s):  
Pivotal Point ◽  
Comprehensive Account ◽  
Default Position ◽  
English Law ◽  
Rules Set

This is the most comprehensive account yet of the life of John Philpot, archdeacon of Winchester cathedral and martyr, burned at the stake in 1555. Included is an outline of his trial from which it is shown that he was promised the position of archdeacon by the ultra conservative bishop of Winchester, Stephen Gardiner. Evidence is also provided from the trial and from his family, contrary to the opinion of Muriel St. Clare Byrne, that he was not related to Clement Philpot who was executed in 1540. A transcript translation of his father's will is provided giving a good indication of his family circumstances. This will was drawn up in 1540 at a pivotal point in English law when, in order to overcome the default position of inheritance through primogeniture, the rules of will writing were altered. This will was written to abide by the rules that existed before the new Statute of Wills was passed by Parliament, and, also, to abide by the new rules set out in the Statute. From this will and other evidence a new genealogy of the Philpot family down to the 1650s is provided. The authenticity of the so-called portrait of John Philpot held at Winchester cathedral is also discussed.

scholarly journals The Common Law Choice of Law Rules for Resulting and Constructive Trusts

2005 ◽  
Vol 54 (4) ◽  
pp. 855-883 ◽  
Author(s):  
Adeline Chong
Keyword(s):  
Common Law ◽  
Hague Convention ◽  
Choice Of Law ◽  
Foreign Law ◽  
The Common ◽  
The Hague ◽  
English Law ◽  
The Law ◽  
The Hague Convention ◽  
Rules Set

There is a dearth of authority and in-depth discussion concerning what the choice of law rules are for claims involving the assertion that property is held on a resulting or constructive trust. It is usually thought that the choice of law rules set out by the Hague Convention on the Law Applicable to Trusts and on their Recognition (hereafter the ‘Hague Trusts Convention’), as enacted into English law by the Recognition of Trusts Act 1987, apply. However, it is arguable that this is not so for some types of resulting and constructive trusts, namely those governed by a foreign law; or, at the very least, that some doubt exists as to whether the Hague choice of lawrules apply to all resulting and constructive trusts. It is therefore important that the common law choice of law rules for such trusts is clearly elucidated. Unfortunately, this is an area of the law that is distinctly undeveloped. The aim of this article is to consider what are or should be the common law choice of law rules for resulting and constructive trusts.

The Uses and Abuses of Constructive Trusts: The Experience of England and Wales

1997 ◽  
Vol 1 (4) ◽  
pp. 437-463 ◽  
Author(s):  
Charles Harpum
Keyword(s):  
England And Wales ◽  
Central Thesis ◽  
Amorphous Nature ◽  
Fiduciary Obligations ◽  
English Law ◽  
Law Commission

This paper, which was first given on 19 October 1996 at a seminar on constructive trusts organised by the Universities of Edinburgh and Strathclyde with the Scottish Law Commission, examines the role that constructive trusts play in English law. It explains the amorphous nature of such trusts, how they are rooted in concepts of equity and conscience, and how they are often imposed in accordance with equity's traditional grounds for intervention. The central thesis of the paper is that a constructive trust, when imposed, will cause the trustee to become subject to one or more fiduciary obligations or incidents. One situation in which this is not the case— where a constructive trust is employed to impose an encumbrance on a transferee of property—is criticised. There is also a critique of the recourse to equitable maxims as a reason for the imposition of constructive trusts. The paper concludes with some reflections on the likely path of development of constructive trusts in English law and whether they ought to be more widely received into Scots law.

Nicolas Gueudeville's Enlightenment Utopia

Moreana ◽  
2018 ◽  
Vol 55 (Number 209) (1) ◽  
pp. 24-60
Author(s):  
Russ Leo
Keyword(s):  
Political Economy ◽  
Eighteenth Century ◽  
New World ◽  
Economic Life ◽  
Political Anthropology ◽  
French Translation ◽  
Natural Religion ◽  
Original Length ◽  
English Law

Nicolas Gueudeville's 1715 French translation of Utopia is often dismissed as a “belle infidèle,” an elegant but unfaithful work of translation. Gueudeville does indeed expand the text to nearly twice its original length. But he presents Utopia as a contribution to emergent debates on tolerance, natural religion, and political anthropology, directly addressing the concerns of many early advocates of the ideas we associate with Enlightenment. In this sense, it is not as much an “unfaithful” presentation of More's project as it is an attempt to introduce Utopia to eighteenth-century francophone audiences—readers for whom theses on political economy and natural religion were much more salient than More's own preoccupations with rhetoric and English law. This paper introduces Gueudeville and his oeuvre, paying particular attention to his revisions to Louis-Armand de Lom d'Arce, Baron de Lahontan's 1703 Nouveaux Voyages dans l'Amérique Septentrionale. Published in 1705, Gueudeville's “revised, corrected, & augmented” version of Lahontan's Voyages foregrounds the rational and natural religion of the Huron as well as their constitutive aversion to property, to concepts of “mine” and “yours.” Gueudeville's revised version of Lahontan's Voyages purports to be an anthropological investigation as well as a study of New World political economy; it looks forward, moreover, to his edition of Utopia, framing More's work as a comparable study of political economy and anthropology. Gueudeville, in other words, renders More's Utopia legible to Enlightenment audiences, depicting Utopia not in terms of impossibility and irony but rather as a study of natural religion and attendant forms of political, devotional, and economic life. Gueudeville's edition of Utopia even proved controversial due, in part, to his insistence on the rationality as well as the possibility of Utopia.

Orwell's ‘Barbarous’ Patriotism

2016 ◽  
Vol 25 (3) ◽  
pp. 372-389
Author(s):  
John Glassford
Keyword(s):  
George Orwell ◽  
The Unconscious ◽  
Attentive Reader ◽  
Default Position

It is not always clear what the well-spring of patriotic feeling might be, and ‘patriots’ often have difficulty articulating the origins of their passion, though sources are seldom mysterious. In this article, it is suggested that George Orwell was one such example. With the Lacanian proposition that the unconscious is structured like a language as a default position, it is evident that Orwell's texts on nationalism, patriotism, and education clearly exhibit confusion. More specifically, it is when Orwell tries to disentangle ‘Englishness’ from ‘Scottishness’ that we see that despite his apparent sophistication as a journalist and propagandist, his account of Englishness is little more than patriarchal, nationalist chauvinism of the kind he claimed to despise. The attentive reader can see it in his texts, but he was blind to the contradiction.

Современные методы дезинвазии осадка сточных вод

2020 ◽  
Author(s):  
N. Shakhrai ◽  
N. Dobrynina ◽  
T. Priimak
Keyword(s):  
Preventive Measures ◽  
Wastewater Sludge ◽  
Parasitic Diseases ◽  
Wastewater Disposal ◽  
Judicial Decisions ◽  
Regulatory Documents ◽  
Environmental Objects ◽  
Water And Wastewater ◽  
The Russian Federation ◽  
Rules Set

Организации водопроводно-канализационного хозяйства в рамках технологических процессов водоотведения должны обеспечивать дезинвазию очищенных сточных вод и осадков, образующихся в результате их очистки. В соответствии с пунктом 1.2 СанПиН 3.2.3215-14 Профилактика паразитарных болезней на территории РФ , санитарные правила устанавливают требования к комплексу организационных, санитарно-противоэпидемических (профилактических) мероприятий, проведение которых направлено на предупреждение возникновения и распространения паразитарных заболеваний. Проведена оценка нормативных документов по дезинвазии объектов окружающей среды, а также решений по судебным делам в части ее проведения. Выявлены разногласия в документах по проведению дезинвазии, в связи с чем направлены обращения в различные организации с предложением гармонизировать правила с целью исключения разночтений. Изучены индустриальные методы дезинвазии осадка сточных вод. Показано, что происходит необоснованное навязывание препарата Бингсти .Within the frames of the wastewater disposal processes water and wastewater utilities shall provide for the disinvasion of effluents and wastewater sludge generated in the process of wastewater treatment. In accordance with paragraph 1.2 of SanPiN 3.2.3215-14 Prevention of parasitic diseases in the territory of the Russian Federation , the sanitary rules set out the requirements for a comprehensive set of organizational, sanitary and anti-epidemic (preventive) measures, that are aimed at preventing the occurrence and spread of parasitic diseases. The assessment of regulatory documents on the disinvasion of environmental objects, as well as judicial decisions regarding its implementation, was carried out. Controversies were revealed in the regulatory documents, and appeals were sent to various organizations with a proposal to harmonize the rules in order to exclude discrepancies. Industrial methods for disinvasion of wastewater sludge were studied. It is shown that there is an unreasonable aggressive selling of Bingsti ineffective product.

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