The Establishment of Korean Ancient Law and the Division of Period

2020 ◽  
Vol 189 ◽  
pp. 1-31
Author(s):  
Young-Hwa Han
Keyword(s):  
Ancient Law

Seeing “No Guiltless Minds”

2018 ◽  
Vol 73 (1) ◽  
pp. 30-67
Author(s):  
Noa Reich
Keyword(s):  
Nineteenth Century ◽  
The Novel ◽  
Vicarious Liability ◽  
Political Debates ◽  
The Family ◽  
Ancient Law ◽  
Vicarious Experiences ◽  
Corporate Liability ◽  
Legal Theorist

Noa Reich, “Seeing ‘No Guiltless Minds’: Inheritance and Liability in Wilkie Collins’s Armadale” (pp. 30–67) This essay suggests that the articulation of inherited guilt as a type of liability in Wilkie Collins’s Armadale (1866) invites us to reframe inheritance as central both to the Victorian credit economy and to the period’s fictional engagements with the effects of this economy. I begin by examining mid-nineteenth-century legal and political debates about limited corporate liability and estate debts, as well as legal theorist Henry Sumner Maine’s account of succession in Ancient Law (1861), which rests on an analogy between the family and the corporation. With their tropes of transmitted guilt, these discussions point to anxieties arising from the law’s construction of inherited identity as simultaneously individual and intergenerational, a paradox that both refracts and challenges nineteenth-century liberal contractual notions of identity. Armadale explores these issues through its depiction of the testator-heir dynamic as indeterminately singular and double, its association of inheritance with speculative ventures and impersonation, and its vacillation between affirming and limiting intergenerational liability. But it also fosters an alternative, mediating form of responsibility, which I call vicarious liability: a substitutive, imaginative liability both prompted and reinforced by the novel’s competing narrative perspectives and shifting or ambiguous focalization, as well as its embedded letters, diaries, and the depiction of reading as a path to identification with another’s guilt. Armadale’s take on inheritance may thus be read as a proposal for what the novel itself offers a hyper-contractual modernity: a framework for engaging in vicarious experiences of liability.

scholarly journals Maritime Safety Model According to Regulations in Ancient Law

2019 ◽  
pp. 149-160
Author(s):  
Justyna Nawrot
Keyword(s):  
Legal Institutions ◽  
Maritime Safety ◽  
Related Literature ◽  
Maritime Law ◽  
Safety Issues ◽  
Ancient Law ◽  
History Of

Public maritime law dealing with safety issues is mostly recognised as a contemporary branch of maritime law. In contrast to public maritime law, the history of private maritime law referred to as shipping law is very well described in related literature. But also maritime safety arrangements can be found in the ancient as well medieval collections of laws. Article aims to analyse the ancient roots of contemporary legal institutions referring to maritime safety law.

Circular Arguments and Self-Fulfilling Definitions: “Statelessness” and the Dagaaba

1983 ◽  
Vol 10 ◽  
pp. 349-385 ◽  
Author(s):  
Kojo Yelpaala
Keyword(s):  
Law Enforcement ◽  
Political System ◽  
Small Scale ◽  
Jigsaw Puzzle ◽  
Cultural Organization ◽  
Intellectual Inquiry ◽  
Self Help ◽  
The Social ◽  
Ancient Law

Since the publication of Maine's Ancient Law in 1861 social anthropological studies have been prolific. The basic intellectual and investigative interest of these social anthropologists was and continues to be the social, political, and cultural organization of preliterate societies in their benign state of primitivity. Indeed, it might be said that the anthropologist created the savage, the barbarian, and the primitive and their state as an object of intellectual inquiry through fieldwork. Most of these studies conducted within the framework of what Owusu calls “structual-functional empiricism” were not exactly law-centered. Whatever glimpses of the legal system one could obtain was by accident. Law was merely part of a functioning, coherent, and consistent totality; part of the jigsaw puzzle of the primitive reality.Subsequent legal anthropological works clearly fell into two categories: those that thought that primitive societies did not have law and others that thought that they did. Those of the first group have viewed small-scale societies from the monocles of western jurisprudence, expecting to find a system of rules emanating from an authoritative source in a hierarchically-organized political system with government, courts, and a law-enforcement mechanism backed by coercive physical sanctions. Viewed from this perspective they not surprisingly found what they considered to be a pattern of “statelessness,” lawlessness, anarchy, and notions of justice and remedy based upon the principle of self-help or the law of the claw and the fang. Critics of colonialism and anthropology suggest that this characterization of the expectations of the colonial anthropologist might be a serious misrepresentation of their true expectations. The colonialist needed the anthropologist to provide the methods by which colonialism could be most effective. The anthropologist on the other hand created the savage and his state of statelessness, lawlessness, and self-help to provide a rational basis for colonialist subjugation and exploitation of the savage.

contract law principles may state a general rule, very often, the law for the purposes of employment contracts may differ. The classical model of contractual relations outlined above works on the basis of freedom of contract. It assumes the contract arena is a level playing field on which all participants are equal in terms of bargaining power. But this is patently not the case. Many of the rules developed in the 20th century recognise that individual consumers do not have the same bargaining strength as a multinational company. The consumer requires protection, especially in the light of the widespread use by business of the ‘standard form’ contract. Some rules towards this end have been developed at common law but, to a large extent, common law development has been hindered by the conflict between the needs of consumers and the principle of freedom of contract espoused in the classical theory. Even in the field of purely commercial contracts, where the classical theory appears to have its strongest hold, there are exceptions. What must be appreciated is that traders operate on an international level and the ancient law merchant had started to develop before the 19th century classical theory took hold. In order to cater for the needs of the trading community, some of the classical rules were modified to take account of established trading practice. Thus, a number of the rules gathered together under the doctrine of consideration are modified to take account of practices established many

1995 ◽  
pp. 56-56
Keyword(s):  
Classical Theory ◽  
Common Law ◽  
Classical Model ◽  
General Rule ◽  
Employment Contracts ◽  
Freedom Of Contract ◽  
Playing Field ◽  
Ancient Law ◽  
Form Contract ◽  
Law Merchant
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