Empires of Property, Properties of Empire

2018 ◽  
Author(s):  
Laura Brace
Keyword(s):  
Slave Trade ◽  
Haitian Revolution ◽  
Agents Of Change ◽  
The Subject ◽  
The Law ◽  
The Haitian Revolution ◽  
The Stability ◽  
The Relationship

This chapter focuses on the colonists’ claim to property in persons. It looks at the arguments of Kant, Diderot and Cuguano contesting the progressive narrative of civilization and refinement and condemning the ways in which the European spirit of conquest created barbarity and ignorance, and allowed the process of commodification to develop. The chapter explores the contested discourse of improvement and what it meant to be ‘fit for freedom’. The complications of the debates over the abolition of the slave trade in the 1790s show us some of entanglements of the relationship between property, slavery, morality and the law. The unjust and uncertain tenure that owners held in their slaves undermined the stability of their landed property in the metropolitan centre, but also drew attention to the uncertain tenure that slaves held in themselves. The radical antislavery of the Haitian revolution was itself a contest over land and ownership, which at the same time as affirming the enslaved people as agents of change and subjects in their own right, also drew attention to the fuzzy boundaries and unclear content of the categories of slavery and freedom which are the subject of this chapter.

1. The historical origins of the trust

2019 ◽  
pp. 1-13
Author(s):  
JE Penner
Keyword(s):  
Common Law ◽  
The Core ◽  
Administrative Power ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Historical Origins

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.

scholarly journals Did Slavery make Scotia great?

2011 ◽  
Vol 4 (1) ◽  
pp. 40-64 ◽  
Author(s):  
T. M. Devine
Keyword(s):  
Eighteenth Century ◽  
Economic Development ◽  
Significant Influence ◽  
Slave Trade ◽  
Traditional View ◽  
Market Opportunities ◽  
Great Leap Forward ◽  
The Subject ◽  
The Caribbean ◽  
The Relationship

The relationship between slavery, the slave trade and British economic development remains a contested field of eighteenth century history. This article examines one hitherto unexplored aspect of the subject, the significance, if any, of profits derived from the slave-based economies of the Atlantic in Scotland's Great Leap Forward in the later eighteenth century. It is argued that because of the distinctive nature of Scottish development, compared to that of England, and the intimate connections between Scotland and plantation economies the question does merit serious consideration. The article, however, supports the traditional view that slave trading direct from Scottish ports was very limited, although Scottish merchants and mariners were often heavily involved in slave trafficking from London, Bristol and Liverpool. The key Scottish link was with the tobacco and sugar trades, plantation ownership in the Caribbean and as merchants, physicians, attorneys and overseers in the plantation economies. It is argued that in terms of both capital transfers and market opportunities slavery can indeed be considered one of the factors facilitating development in Scotland and was possibly a much more significant influence north of the border than in the industrialisation of England.

Markesinis & Deakin's Tort Law

2019 ◽  
Author(s):  
Simon Deakin ◽  
Zoe Adams
Keyword(s):  
Deep Understanding ◽  
Tort Law ◽  
Economic Interests ◽  
Economic Context ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
Economic Perspectives ◽  
The Relationship ◽  
8Th Edition

Markesinis and Deakin’s Tort Law, now in its 8th edition, provides a general overview of the law and discussion of the academic debates on all major topics, highlighting the relationship between the common law, legislation, and judicial policy. In addition, the book provides a variety of comparative and economic perspectives on the law of tort and its likely development, always placing the subject in its socio-economic context, thereby giving students a deep understanding of tort law. The book is composed of eight parts. Part I starts by setting the scene, Part II looks at the tort of negligence. Part III turns to special forms of negligence. This is followed by Part IV which examines interference with the person. Part V turns to intentional interferences with economic interests. The next part looks at stricter forms of liability. Part VII examines the protection of human dignity which includes looking at defamation and injurious falsehood, and human privacy. The last part looks at defences and remedies.

scholarly journals 1.17. Bulge and bar: a possible way of their formation

1998 ◽  
Vol 184 ◽  
pp. 49-50
Author(s):  
S.N. Nuritdinov ◽  
E.R. Gaynullia ◽  
K.T. Mirtodjieva
Keyword(s):  
Observational Data ◽  
Stability Problem ◽  
Initial Conditions ◽  
Present Report ◽  
Spherical Collapse ◽  
The Subject ◽  
The Law ◽  
The Stability ◽  
Gravitating Systems

Some observational data indicate that galaxy subsystems, including their central areas, first of all are the result of their global nonstationary evolution. That is why we earlier built (Nuritdinov 1992) the exact non-linearly pulsing rotating models of disklike and spherical self-gravitating systems. Unlike other authors we want to research the stability problem of nonlinear nonstationary models. In the present report we want to give only those results of the instability studied, which have a direct attitude to the subject under discussion. We put a certain question: what initial conditions have to exist, for instance, for the value of the virial parameter (2T/|U|)0 and the parameter of anisotropy < Tr > / < T⊥ >, that the collapse of a disk should result in a bar, and the spherical collapse will result in a thick ellipsoidal bulge. To answer the question it is very important to study stability of the solvable nonlinear unequilibrium models. All models discussed below pulsate under the law R = II(ψ)R0, where (Nuritdinov 1985)

Cooperation of International Judicial Bodies Considering Maritime Disputes

2020 ◽  
Vol 1 (12) ◽  
pp. 145-148
Author(s):  
E. S. Orlova
Keyword(s):  
Law Of The Sea ◽  
Legal Regime ◽  
Maritime Disputes ◽  
The Subject ◽  
The Law ◽  
The Relationship

The paper is devoted to the cooperation of international judicial bodies operating based on the 1982 UN Convention on the Law of the Sea This cooperation is determined by the Convention, which sets out four procedures for the resolution of international maritime disputes. The relevance of the paper is determined by the important role of international judicial bodies in resolving international maritime disputes by amicable means. The subject of the study is the relationship between international judicial authorities on the interpretation and application of the 1982 UN Convention on the Law of the Sea. The purpose of the paper is to determine the rules of law on cooperation of international judicial bodies considering international maritime disputes based on the Convention on the Law of the Sea. The hypothesis of the study is that the cooperation of international judicial bodies operating within the framework of a single legal regime causes competition among the jurisdictions of international judicial bodies and is productive.

Anerkennung und Interkulturalität Überlegungen mit Blick auf ›Haiti‹ bei Hegel und Alexander Kluge

2017 ◽  
Vol 8 (2) ◽  
pp. 87-104
Author(s):  
Herbert Uerlings
Keyword(s):  
Social Order ◽  
Haitian Revolution ◽  
Current Debate ◽  
Literary Response ◽  
Saint Domingue ◽  
African Slaves ◽  
Alexander Kluge ◽  
The Haitian Revolution ◽  
The Relationship ◽  
Controversial Concept

Abstract ›Recognition‹ is one of the key concepts of Interculturality. It is, however, a highly controversial concept. Whereas scholars like Honneth, Taylor and Habermas emphasize ›social integration via recognition‹, others, especially post-colonialists and poststrucuturalists, think of ›submission via recognition‹. The current discussion focuses on Hegel who was the first to think of ›recognition‹ as a basic principle of personal identity, social order and global history. The article deals with a significant current debate about the meaning of the Haitian Revolution in Hegel’s philosophy. What, in Hegel’s work, is the meaning of the Revolution or the ›fight for recognition‹ led by African slaves in Saint-Domingue? What is the relationship between Hegel’s philosophy and globalization? It will be shown that, for systematic reasons, Hegel could neither ignore nor accept the Haitian Revolution. This ought to have implications for current debates on ›recognition‹ and interculturality. In this context Alexander Kluge’s fragment of prose Jeden Morgen liest Hegel Zeitung (Every morning Hegel reads the papers) (2012) will be analyzed as a critical literary response to Hegel.

scholarly journals Urbanisation and Crime: A Case Study of Pakistan

2010 ◽  
Vol 49 (4II) ◽  
pp. 741-755 ◽  
Author(s):  
Hafiz Hanzla Jalil ◽  
Muhammad Mazhar Iqbal
Keyword(s):  
Economic Development ◽  
Academic Disciplines ◽  
Complex Nature ◽  
Economics Of Crime ◽  
Adam And Eve ◽  
Socio Economic Development ◽  
The Subject ◽  
The Law ◽  
The Relationship

Crime is an activity which is against the law and the fact that the linkage between criminal activities and the socio-economic development of the society is undeniable. Moreover, the relationship between crime and evolution of mankind may also be considered a historical one as Cain (first son of Adam and Eve) committed first crime when he murdered his brother Able because of jealousy. Due to the complex nature of the subject of crime, for example, regarding its causes and consequences, various academic disciplines such as criminology, sociology, geography, psychology and demography study it from their own perspective. A relatively new emerging field, however, is the economics of crime which tries to identify the socio-economic causes and consequences of criminal activities in a society.

The Invention and Plant Variety

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Individual Subject ◽  
Plant Variety ◽  
Essential Properties ◽  
The Subject ◽  
The Law ◽  
The Relationship

This chapter seeks to define the terms ‘invention’ and ‘plant variety’ as used by European and UK legal officials particularly. To that end, the nature of the objects identified by the legislature and courts as inventions and plant varieties is considered, as well as the nature of the objects excluded from protection, whether with reference to the requirement for an invention or plant variety or on other statutory grounds. The chapter also considers the law governing patent and plant variety right entitlement, and its implications for legal conceptions of the invention and plant variety. In its conclusion, the legal understandings of inventions and plant varieties are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing the existence of each individual subject matter and its tokens.

scholarly journals Open Axiology in Judicial Interpretation of Law and Possible Misuse of Discretion

2020 ◽  
Vol 29 (3) ◽  
pp. 39
Author(s):  
Leszek Leszczyński
Keyword(s):  
Discretionary Power ◽  
Judicial Interpretation ◽  
General Reference ◽  
Legislative Policy ◽  
The Subject ◽  
Essential Function ◽  
The Law ◽  
The Relationship ◽  
Made In

<p>The subject of the article is to determine the extent to which the judicial interpretation of the law is affected by the use of an open axiology argument in the course of adjudication. Assuming that the use of open criteria is based primarily on the application of the legislative construction of general reference clauses, it is important to link these references to a legislative policy in which they constitute a means of deliberately extending the scope of discretionary power, derived from natural (independent of the legislator) sources. The essential function of the references is the axiological opening of findings made in all essential phases of judicial interpretation – validation, reconstruction and construction, resulting, among other things, in a change in the relationship between the roles of particular interpretation rules. This may lead to various manifestations of abuse of the interpretative discretion of judges, which in turn necessitates the search for certain remedies, among which the formation of permanent lines of jurisdiction and precedential practice, as well as the transparency of the reasoning of judgements, seems to be of the utmost importance.</p>

scholarly journals Theologische Grenzüberschreitungen Annäherungen an einen paradoxen Begriff

2018 ◽  
Vol 19 (1) ◽  
pp. 75-85
Author(s):  
Isabella Guanzini
Keyword(s):  
Subjective Experience ◽  
Symbolic Order ◽  
Felix Guattari ◽  
Apostle Paul ◽  
Pauline Epistles ◽  
The Subject ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

This paper examines the essential yet ambivalent role of the law, i.e. of limits and prohibitions, within the subjective experience of desire. In order to investigate the dialectics between limit and desire, it firstly focuses on the perspective of George Bataille and his analysis of eroticism. Moreover, the contribution takes into account the perspective of Gilles Deleuze and Felix Guattari, who focus on the relationship of desire to capitalist society, in order to affirm a different revolutionary economy of desire, celebrating immediate libidinal transgressions against any limitations. On the contrary, the psychoanalyst Jacques Lacan shows the absolute need of the law for the experience of desire and the process of subjectivation, since only through the Symbolic order the subject can join a sociolinguistic community. The final part of the contribution aims at enlightening possible correspondences among these perspectives, focusing on the Letters of the Apostle Paul and his profound understanding of the dialectics between law and desire. The Pauline Epistles offer a significant paradigm to understand the necessary but not sufficient role of the law in the experience of the Christian believer as well as of the subject as such.

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