scholarly journals Construction Of Heritage Rights and Citizenship Status Differences in Indonesia

NORMA ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 20
Author(s):  
Dwi Tatak
Keyword(s):  
Legal History ◽  
Civil Law ◽  
High Mobility ◽  
Land Rights ◽  
Mixed Marriage ◽  
Citizenship Status ◽  
Indonesian Population ◽  
The Family ◽  
History Of ◽  
Status Differences

The high mobility of the population from one country to another, contributes to citizenship transfer. Likewise, Indonesian Citizens (WNI) who, for reasons of education, employment, and other preferences, choose to become Foreign Citizens (foreigners). However, the transfer of citizenship does not necessarily eliminate the ties of blood with the family. For example, in Inheritance in the form of land, a Foreign Citizen, referred to as a WNA, can inherit land rights in Indonesia due to the first two things, a foreign citizen born because of a mixed marriage. And both foreign citizens as a result of naturalization can be understood as a change in the citizenship status of the Indonesian population. Therefore, Indonesia's current construction of inheritance rights within the framework of inheritance regulation (which is part of civil law) is still dualistic and pluralistic. This is inseparable from the legal history of the enactment of civil law in Indonesia.Keywords: Construction, Inheritance, Citizenship

Connecting Tort and Crime: Comparative Legal History in England and Spain since 1850

2009 ◽  
Vol 11 ◽  
pp. 247-288
Author(s):  
Matthew Dyson
Keyword(s):  
Criminal Law ◽  
Legal History ◽  
Complete System ◽  
Civil Law ◽  
Tort Law ◽  
The Other ◽  
Criminal Courts ◽  
English System ◽  
History Of ◽  
The Relationship

Abstract This chapter explores the relationship between tort law and criminal law. In particular it tracks one line of developments in the procedural co-ordination of criminal and civil law: the ability of criminal courts to award compensation for harm. It is a study of legal change or development: how and why law has evolved from the middle of the nineteenth century through to the present day. The chapter is also comparative, looking at the English and Spanish legal systems. The history of powers to compensate has highlighted two fundamentally different ways to resolve claims based on a concurrently tortious and criminal wrong. The English system has slowly moved from disparate and piecemeal provisions to a general if under-theorised system. On the other hand, Spain created a novel and complete system of liability to be administered by the criminal courts. This chapter seeks to trace and explain this development with a view to understanding how much civil and criminal law can perform the same function: compensation.

scholarly journals Fejezetek Erdély huszadik századi jogtörténetéből

2021 ◽  
Vol 3 (3) ◽  
pp. 101-124
Author(s):  
Előd Pál
Keyword(s):  
Criminal Law ◽  
Legal History ◽  
Legal Education ◽  
Civil Law ◽  
Round Table ◽  
Round Table Discussion ◽  
Constitutional History ◽  
Social Situations ◽  
The Past ◽  
History Of

On 20 November 2018, the Hungarian Museum Association of Transylvania and Sapientia Hungarian University of Transylvania organized a round table discussion on the legal history of Transylvania. The event took place as part of a series of events on the Hungarian Science Day in Transylvania, at the Sapientia building on Calea Turzii Cluj-Napoca. The participants were Dr Gyula Fábián (minority law), Dr Zsolt Fegyveresi (constitutional history), Dr László Nánási (history of criminal law), Dr Zsolt Kokoly (history of legal education), Dr János Székely (history of civil procedure law), and Dr Emőd Veress (history of civil law). The event was moderated by Előd Pál. The participants presented their research studies related to the legal history of Transylvania and explored the legal and social situations of the past hundred years.

Introduction

2016 ◽  
Author(s):  
Tracy A. Thomas
Keyword(s):  
Nineteenth Century ◽  
Women's Rights ◽  
Legal History ◽  
Women’S Rights ◽  
Elizabeth Cady Stanton ◽  
Feminist Thought ◽  
The Family ◽  
History Of ◽  
Fifteenth Amendment

This chapter introduces Elizabeth Cady Stanton, the principal feminist thinker and women’s rights leader of the nineteenth century. It summarizes Stanton’s background, her work for suffrage with Susan B. Anthony, and modern backlash against her opposition to the Fifteenth Amendment. The chapter discusses Stanton’s complex philosophy of multiple feminisms, including liberal, cultural, and radical thought. It then focuses on Stanton’s work for family equality, integrating her feminist thought into a legal history of the family.

The Legal History of the Family

1987 ◽  
Vol 85 (5/6) ◽  
pp. 1052
Author(s):  
Lee E. Teitelbaum ◽  
Michael Grossberg
Keyword(s):  
Legal History ◽  
The Family ◽  
History Of

Mapping Legislative Changes

2019 ◽  
pp. 40-62
Author(s):  
Asmita Basu
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Women's Movement ◽  
Civil Law ◽  
Legal Regime ◽  
Effective Protection ◽  
The Family ◽  
History Of ◽  
Victims Of Violence ◽  
Legislative Changes

The Protection of Women from Domestic Violence Act, 2005, (PWDVA) is a special civil law aimed at effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family. 26 October 2016 marked the tenth anniversary of the enforcement of the PWDVA. The chapter examines the trajectory of legal developments that culminated in the enactment of the PWDVA as well as the gaps in the legal regime that the enactment of this law sought to overcome. Tracing the history of the women’s rights movement and its engagement with equality and violence against women, the author details the sustained campaign, spanning nearly a decade, by the Indian women’s movement, the drafting of the PWDVA by Lawyers Collective in consultation with the women’s movement and the challenges in its enactment.

Law, Land and Love: Some Reflections on the Legal History of Marriage and the Family

1987 ◽  
Vol 12 (4) ◽  
pp. 437-443
Author(s):  
James F. Traer
Keyword(s):  
Eighteenth Century ◽  
Legal History ◽  
Legal Documents ◽  
The Family ◽  
History Of ◽  
Parent Child Relationships ◽  
Parent Child ◽  
History Of Marriage

After discussing the usefulness and limitations of law and legal documents as a means of studying marriage and the family, the article reviews works by Glendon, Donzelot, Traer, Phillips, and others writing on aspects of inheritance; and closes with some suggestions for research into parent-child relationships and inheritance choices in eighteenth-century France.

The Newe Littleton

1974 ◽  
Vol 33 (1) ◽  
pp. 145-155 ◽  
Author(s):  
J. H. Baker
Keyword(s):  
Legal History ◽  
Left Behind ◽  
Legal Literature ◽  
House Of Lords ◽  
The Family ◽  
Christ Church ◽  
History Of ◽  
The Will ◽  
The Common ◽  
John Selden

No account of the history of English legal literature can omit the name of Littleton. Sir Thomas Littleton's treatise on tenures made the family name almost synonymous with the common law itself. But it is not generally known that another member of that illustrious family left unfinished a work which, had it been completed and published, would have earned him a position of importance in the history, not only of English, but of universal jurisprudence. In so far as the will ought to be taken for the deed, perhaps some measure of recognition may justifiably be afforded to his work even after three centuries of oblivion. The author was Edward Littleton (1589–1645), Baron Littleton of Munslow, a direct descendant of Sir Thomas. Educated at Christ Church College, Oxford, he entered the Inner Temple in 1608; and there, like his near-contemporary John Selden (1584–1654), he developed a taste for comparative jurisprudence, legal history, and the study of records. His reputation for learning brought him in 1640 to the seat of Chief Justice of the Common Pleas, and within a year he was made Lord Keeper. The transition to high office was a personal disaster, since Littleton's nature did not suit him for a position of political delicacy, and his brief tenure of the Seal was scarcely less miserable than that of his predecessor Finch—who had fled to Holland in 1640. Among Littleton's first tasks was to preside over the preliminaries to the proposed impeachments of Finch and the ship-money judges, and the lengthy preparations for the trial of Strafford. Within months he became ill, and from February until August 1641 he absented himself from the House of Lords. The following year, either from fear or high-mindedness, he quit London, following the King to York and thence to Oxford. In his hurried flight he apparently left behind some of his goods and papers in the “Black Lodgings” in the Inner Temple. His health continued to deteriorate, and he died (aged 56) on 27 August 1645.

Avoiding the Vulva: Judicial Interpretations of Lesbian Sex Under the Divorce Act, 1968

2017 ◽  
Vol 32 (01) ◽  
pp. 37-53 ◽  
Author(s):  
Karen Pearlston
Keyword(s):  
Gay Men ◽  
Criminal Law ◽  
Legal History ◽  
Family Law ◽  
Close Reading ◽  
Lesbian Women ◽  
Male Homosexuality ◽  
The Family ◽  
History Of ◽  
First Time

Abstract The Divorce Act, 1968, provided no-fault divorce for the first time. It also included a list of fault-based grounds for divorce. In addition to the traditional grounds, a spouse whose wife or husband had “engaged in a homosexual act” during the marriage could petition for divorce. This novel provision was aimed at giving husbands a way to divorce their lesbian wives. A close reading of the resulting jurisprudence and surrounding context shows not only that courts struggled to define the homosexual act between women, but also that the legal history of lesbian women differs from that of gay men in a number of respects. Notably, male homosexuality was regulated primarily through criminal law. In contrast, when parliamentarians specifically addressed lesbians, they turned their minds to the family and family law.

scholarly journals THE COMPARATIVE LEGAL HISTORY OF LIMITATION AND PRESCRIPTION

Obiter ◽  
2018 ◽  
Vol 39 (3) ◽  
Author(s):  
Eltjo Schrage
Keyword(s):  
Legal History ◽  
Common Law ◽  
Civil Law ◽  
The Other ◽  
Legal Systems ◽  
Oliver Wendell Holmes ◽  
History Of ◽  
The Common ◽  
The Law ◽  
The One

Within both the civil law and the common law (as well as in mixed legal systems), there are means of acquiring and losing rights, or of freeing ourselves from obligations with the passage of time. The reason for this is at least twofold: on the one hand, for a claimant, a dispossessed owner or a creditor, limitation and prescription provide stimuli for bringing the action; on the other, this sanction upon the negligence of the claimant implies in many cases a windfall for the defendant. If a creditor is negligent in protecting his assets, the law at a certain stage no longer protects him or her. As Oliver Wendell Holmes, Jr. said aptly some 100 years ago: “Sometimes it is said that, if a man neglects to enforce his rights, he cannot complain if, after a while, the law follows his example”.

Connecting Tort and Crime: Comparative Legal History in England and Spain since 1850

2009 ◽  
Vol 11 ◽  
pp. 247-288 ◽  
Author(s):  
Matthew Dyson
Keyword(s):  
Criminal Law ◽  
Legal History ◽  
Complete System ◽  
Civil Law ◽  
Tort Law ◽  
The Other ◽  
Criminal Courts ◽  
English System ◽  
History Of ◽  
The Relationship

AbstractThis chapter explores the relationship between tort law and criminal law. In particular it tracks one line of developments in the procedural co-ordination of criminal and civil law: the ability of criminal courts to award compensation for harm. It is a study of legal change or development: how and why law has evolved from the middle of the nineteenth century through to the present day. The chapter is also comparative, looking at the English and Spanish legal systems. The history of powers to compensate has highlighted two fundamentally different ways to resolve claims based on a concurrently tortious and criminal wrong. The English system has slowly moved from disparate and piecemeal provisions to a general if under-theorised system. On the other hand, Spain created a novel and complete system of liability to be administered by the criminal courts. This chapter seeks to trace and explain this development with a view to understanding how much civil and criminal law can perform the same function: compensation.

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