scholarly journals Pushing the Boundaries: A Tentative Taxonomy of Money in New Zealand Private Law

2021 ◽  
Vol 52 (3) ◽  
pp. 607-622
Author(s):  
Matteo Solinas
Keyword(s):  
New Zealand ◽  
Private Law ◽  
Technological Changes ◽  
Legal Concept ◽  
Legal Tender ◽  
Banking Institutions ◽  
Legitimate Expectations ◽  
The Right ◽  
Bank Money

This article seeks to define the boundaries of money in the context of proprietary taxonomy in New Zealand. It suggests that the traditional legal concept of money exclusively based on state issued (fiat) currency is dated, as does not accommodate the near-universal use of bank money in commercial transactions, nor the recent technological changes introduced by virtual currencies. As long as something functions as a means of payment and the holder has the right to exchange it for legal tender, the divide between mutually agreed payment obligations into those made on the base of fiat currencies and those not, becomes artificial. In providing responses to similar commercial arrangements and parties' legitimate expectations, not only coins and banknotes, but also balances held by customers in banking institutions, foreign money, and digital currencies, should qualify as money for private law purposes.

Kantian Perspectives on Private Law

2020 ◽  
pp. 68-84
Author(s):  
Arthur Ripstein
Keyword(s):  
Immanuel Kant ◽  
Natural Law ◽  
Private Law ◽  
Legal Institutions ◽  
Naive Theory ◽  
Private Rights ◽  
Kantian View ◽  
Moral Structure ◽  
The Right ◽  
In Virtue Of

This chapter articulates the Kantian approach to private law. It begins by explaining the aims and ambitions of Kantian legal philosophy more generally and, in particular, introducing the Kantian idea that a particular form of thought is appropriate to a particular domain of inquiry or conduct. The chapter situates the Kantian view within a broad natural law tradition. For the part of that tradition that Immanuel Kant develops, the moral structure of natural law is animated by a conception of personal interaction that is so familiar as to be almost invisible. Despite its centrality to both morality and law, in the absence of legal institutions, this natural law is inadequate to its own principles. It requires legal institutions to render it fully determinate in its application consistent with everyone’s independence. It also requires public institutions of adjudication. The chapter further looks at Kant’s “division” of private rights, distinguishing first between the innate right that everyone has simply in virtue of being human and acquired rights that require an affirmative act to establish them. It then goes through the Kantian division of the titles of private right, situating them in relation to the distinction between persons and things. Finally, the chapter articulates the Kantian account of what might be called the naïve theory of remedies—that is, that the remedy is an imperfect continuation of the right that was violated.

scholarly journals The Code of Capital: How the Law Creates Wealth and Inequality – Core Themes

2021 ◽  
Vol 11 (1) ◽  
pp. 1-7
Author(s):  
Katharina Pistor
Keyword(s):  
Coercive Power ◽  
Private Law ◽  
The Core ◽  
The Law ◽  
The Right

Abstract In this brief introduction, I summarize the core themes of my book “The Code of Capital: How the Law Creates Wealth and Inequality”. Capital, I argue, is coded in law – predominantly in a handful of private law institutions. By relying on legal coding techniques, asset holders invoke the right to enforce claims against others, if necessary with the help of the state’s coercive power.

Within the Public-Private Divide. Right to Housing and Consumer Law in Recent European Private Law Trends

Global Jurist ◽  
2018 ◽  
Vol 19 (2) ◽  
Author(s):  
Rocco Alessio Albanese
Keyword(s):  
Fundamental Rights ◽  
Private Law ◽  
The European Union ◽  
The Public ◽  
Consumer Law ◽  
Charter Of Fundamental Rights ◽  
Recent Trends ◽  
New Perspective ◽  
The Right ◽  
Protection Of Right

Abstract This paper intends to discuss some major European legal issues by building on the critique of a certain narrow relevance of human basic needs, according to traditional Western legal conceptions of the subject as well as of the public-private divide. In particular it aims at verifying the potentiality of consumer law for rethinking the right to housing, within recent trends of European Private Law, by adopting a remedial approach. For this reason the paper analyzes three well-known cases decided by the Court of Justice of the European Union (CJEU) – namely Aziz, Sanchez Morcillo and Kušionová – as examples of this meaningful trend. Through the combination of the fairness test over contractual terms with the criteria of effectiveness and proportionality, a broader protection of right to housing is recognised even in horizontal private relationships. Art. 7 of the EU Charter of Fundamental Rights (CFREU) could represent the constitutional reference for this new perspective. The paper also intends to show how the relevance of the basic need for housing is traced to debtor's families. CJEU's interpretative itinerary seems to start from a fairness test about contractual terms, but eventually comes to give protection to subjective situations that are even out of the domain of the contract.

Cultural societies and information needs: Croats in New Zealand

2019 ◽  
Vol 68 (8/9) ◽  
pp. 652-673 ◽  
Author(s):  
Maja Krtalić ◽  
Ivana Hebrang Grgić
Keyword(s):  
Content Analysis ◽  
New Zealand ◽  
Significant Role ◽  
Social Life ◽  
Information Dissemination ◽  
Home Country ◽  
Immigrant Communities ◽  
Technological Changes ◽  
Content Type

Purpose The purpose of this paper was to explore how small immigrant communities in host countries collect, disseminate and present information about their home country and their community, and the role of formal societies and clubs in it. Design/methodology/approach This paper presents the results of a case study of the Croatian community in New Zealand. To illustrate how cultural and technological changes affected information dissemination and communication within the community, the case study presents both historical and current situations. Methods used in this case study included a content analysis of historical newspapers published in New Zealand by the Croatian community, content analysis of current webpages and social networking sites, and interviews with participants who have management roles in Croatian societies and communities in New Zealand. Data were collected from December 2018 to February 2019. Findings Formally established clubs and societies, but also informal groups of immigrants and their descendants can play a significant role in providing their members with information about the culture, social life and events of the home country. They also play a significant role in preserving part of the history and heritage which is relevant, not only for a specific community but also for the history and culture of a home country. Originality/value The methodology used in the research is based on data from community archives and can be used for studying other small immigrant communities in New Zealand or abroad. The case study presented in the paper illustrates how the information environment of small immigrant communities develops and changes over the years under the influence of diverse political, social and technological changes.

scholarly journals What Constitutions Can Do (but Courts Sometimes Don’t): Property, Speech, and the Influence of Constitutional Norms on Private Law

2004 ◽  
Vol 17 (1) ◽  
pp. 61-81 ◽  
Author(s):  
Oliver Gerstenberg
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Freedom Of Expression ◽  
Social Democracy ◽  
Recent Attempt ◽  
Private Law ◽  
Human Rights Norms ◽  
The Right ◽  
Higher Law

In this paper I want to address, against the background of the ECtHR’s recent attempt to resolve the clash between property rights and the right to freedom of expression in its decision in Appleby v. UK, two questions, both of which I take to be related to the overarching theme of “social democracy”. First, there is the problem of the influence of “higher law”-of human rights norms and constitutional norms-on private law norms; second, the question of the role of adjudication in “constitutionalizing” private law, in other words, the question of the “judicial cognizability” of constitutional norms within private law.

Tissue Damage Caused by the Intramuscular Injection of Long-Acting Penicillin

PEDIATRICS ◽  
1985 ◽  
Vol 75 (4) ◽  
pp. 741-744
Author(s):  
Harry Schanzer ◽  
Julius H. Jacobson
Keyword(s):  
New Zealand ◽  
Femoral Artery ◽  
Normal Saline ◽  
Tissue Damage ◽  
Intramuscular Injection ◽  
Penicillin G ◽  
Left Femoral Artery ◽  
New Zealand White Rabbits ◽  
Long Acting ◽  
The Right

In order to elucidate whether tissue damage produced on occasion by intramuscular injection of longacting penicillin is due to accidental intra-arterial injection or vasospasm, two types of experiments were carried out in rabbits. In the first set of experiments, six New Zealand White rabbits were given intra-arterial injections of 0.4 mL of a mixture containing 300,000 U of penicillin G benzathine and 300,000 units of penicillin procaine per milliliter (Bicillin C-R) into the left femoral artery and 0.4 mL of normal saline into the right femoral artery as autocontrol. In a second set of experiments, 0.4 mL of the same penicillin preparation was injected in the space surrounding the left femoral artery in five New Zealand rabbits, and 0.4 mL of normal saline was injected in a similar fashion around the right femotal artery as control. The legs of the rabbits that received the intra-arterial injection of penicillin invariably developed ischemic manifestations. None of the legs of rabbits given intra-arterial injections of normal saline had pathologic manifestations. None of the rabbits that received the periarterial penicillin preparation or normal saline developed abnormalities. These results strongly suggest that the tissue damage produced by penicillin is secondary to the intra-arterial administration of the drug.

Medical Device Regulation and the Proposed Therapeutic Products Bill: Devising a New Regime

2021 ◽  
Vol 52 (2) ◽  
pp. 319-342
Author(s):  
Laura Hardcastle
Keyword(s):  
Patient Safety ◽  
New Zealand ◽  
Medical Devices ◽  
Cosmetic Products ◽  
Regulatory Oversight ◽  
Speed To Market ◽  
The Government ◽  
The Right ◽  
Promote Patient Safety ◽  
Medical Device Regulation

Despite medical devices being integral to modern healthcare, New Zealand's regulation of them is decidedly limited, with repeated attempts at reform having been unsuccessful. With the Government now indicating that new therapeutic products legislation may be introduced before the end of the year, the article considers the case for change, including to promote patient safety, before analysing the draft Therapeutic Products Bill previously proposed by the Ministry of Health, and on which any new legislation is expected to be based. It concludes that, while the proposed Bill is a step in the right direction, introducing regulatory oversight where there is currently next to none, there is still significant work to be done. In particular, it identifies a need to clarify whether the regime is indeed to be principles-based and identifies further principles which might be considered for inclusion. It further proposes regulation of cosmetic products which operate similarly to medical devices to promote safety objectives, while finding a need for further analysis around the extent to which New Zealand approval processes should rely on overseas regulators. Finally, it argues that, in an area with such major repercussions for people's health, difficult decisions around how to develop a framework which balances safety with speed to market should not be left almost entirely to an as yet unknown regulator but, rather, more guidance from Parliament is needed.

V.—Oceanic Islands

1881 ◽  
Vol 8 (2) ◽  
pp. 75-77
Author(s):  
T. Meelard Reade
Keyword(s):  
New Zealand ◽  
Oceanic Islands ◽  
Oceanic Island ◽  
The Pacific ◽  
Great Support ◽  
The Right ◽  
Tertiary Period

The Pacific and Atlantic Oceans far from the continental masses of land are studded with islands, which from their being solely volcanic and of an age going back no further than the Tertiary period, are considered to lend great support to the hypothesis of the permanence of the great oceans and continents. Those who hold these views question the right of New Zealand to be considered a truly oceanic island, though on what grounds has never been quite intelligible to me. Waiving this objection for the purpose of argumeat, I propose to discuss the bearings of the facts, as formulated by those who believe in the “approximate” immutability of land and sea.

COHABITANTS IN PRIVATE LAW: TRUST, FRUSTRATION AND UNJUST ENRICHMENT IN ENGLAND, GERMANY AND CANADA

2013 ◽  
Vol 62 (3) ◽  
pp. 629-665 ◽  
Author(s):  
Anne Sanders
Keyword(s):  
Intimate Relationships ◽  
Case Law ◽  
Private Law ◽  
Party Autonomy ◽  
Unjust Enrichment ◽  
Legislative Action ◽  
The Law ◽  
Canadian Provinces ◽  
The Right ◽  
English Canadian

AbstractNeither in England, nor in Germany, nor in all Canadian provinces, does the law provide specific rules for the redistribution of property for unmarried cohabitants after the breakdown of their relationship. Instead, courts apply the law of trusts, contract and unjust enrichment with an eye to the characteristics of intimate relationships, as, for example, in decisions like the EnglishJones v Kernott([2011] UKSC 53) and the CanadianKerr v Baranow(2011 SCC 10). This article compares English, Canadian, and German case law and evaluates it both from a doctrinal perspective and as a part of a general approach towards cohabitation. The article concludes with an appeal for legislative action that strikes the right balance between party autonomy and protection of the weaker party.

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