factures. Stock Exchanges, Law Institutes and Em-ployers' Federations. of as the subject written by Mr. John S. the Queensland Divisional Coun- the Law Book Company of Aug.: shorter treatise on the New South that State and published in 1936 Copies to public bodies. that The Commonwealth Journal of years the in- but in the assurance that by of resources a greatly improved maga- In March, 1935, the the amalgamation of their respective to by the Councils of the Common- of that year. Mr. A. A. Fitz- of the Victorian Institute, was the services of the editors of the the past twelve months, the Austral- the history of Australian ac- the holding of the first Australasian Institute the Federal Institute of Account- it were also The Associ-

2013 ◽  
pp. 385-385
Keyword(s):  
New South ◽  
Stock Exchanges ◽  
The Past ◽  
Federal Institute ◽  
History Of ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
Public Bodies

The Law and Politics of Registering Doctors: Lessons from New South Wales, 1937–42

2020 ◽  
Author(s):  
Gabrielle Wolf
Keyword(s):  
Medical Profession ◽  
New South ◽  
New South Wales ◽  
Medical Regulation ◽  
The Past ◽  
Members Of Parliament ◽  
Law And Politics ◽  
South Wales ◽  
History Of ◽  
The Law

Doctors who fled from Nazi-occupied and dominated Europe sought to pursue their profession wherever they could. Those who arrived in Australia confronted substantial impediments to doing so. In New South Wales (‘NSW’), doctors who represented, registered and educated the medical profession and Members of Parliament attempted to prevent ‘refugee doctors’, as they were described, from practising medicine. Due largely to protectionism and prejudice, many refugee doctors were denied registration to practise medicine irrespective of their qualifications, skills and experience, and despite the low number of refugee doctors who settled in NSW. This article focuses on the law and politics of registering the medical profession. It analyses the treatment of refugee doctors who sought to practise medicine in NSW between 1937 and 1942, and then reflects on the contemporary relevance of this episode in Australia’s history of medical regulation. The article discusses cautionary lessons we might learn from the past so that capable overseas-trained doctors to whom Australia grants refuge are permitted to practise their profession and provide valuable medical services to the community. This article also considers whether changes to the law since that time might constitute some safeguard against repetition of past discrimination.

scholarly journals What's Wrong with Restitution

1969 ◽  
Vol 37 (1) ◽  
pp. 221 ◽  
Author(s):  
David Stevens ◽  
Jason W. Neyers
Keyword(s):  
Common Law ◽  
Private Law ◽  
Simple Formulation ◽  
Unjust Enrichment ◽  
The Past ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
The Right ◽  
The Way

The law of restitution has developed out of the law of quasi-contract and the law of constructive trust. Inadequate attention to the logic and coherence of doctrines in the law of restitution, however, renders this new law as opaque and confused as its predecessor. This is largely due to the remedial mentality of the common law. The remedy to the remedial mentality is to concentrate future efforts in stating doctrine on defining rights, not remedies. The precedent for this type of change in method is the transformation that occurred in contract and tort over the past 100 years, inspired, in part, by civilian theories of private law. The right that generates the remedy restitution is the cause of action in unjust enrichment. It arises where there has been a non-consensual receipt and retention of value, that is, a receipt and retention of value that occurs without "juristic reason." "Nonconsensual" means by mistake, by theft or by finding. There are a number of problems in the method of the common law tradition which stand in the way of recognizing this simple formulation: (a) The inherent expansiveness of "restitution " and "unjust enrichment" if these terms are not rigorously defined; (b) The lack of serious competition for the expansive versions of the subject, on a number of fronts; (c) The lack of a clear direction in the efforts to reform the law of quasi-contract and constructive trust; (d) The deeply embedded nature of the quasi-contract thinking; (e) Poor analysis in some areas of the law of contract and (f) Tort; and (g) The lack of an explicit agency of reform in the tradition.

scholarly journals Scarred souls, weary warriors, and military intervention: the emergence of the subject in the just war writings of Jean Bethke Elshtain

2012 ◽  
Vol 39 (4) ◽  
pp. 859-880 ◽  
Author(s):  
PETER LEE
Keyword(s):  
International Relations ◽  
Political Theory ◽  
Just War ◽  
Military Intervention ◽  
Military Force ◽  
The Past ◽  
History Of ◽  
The Subject ◽  
Just War Tradition ◽  
A Site

AbstractOver the past three decades Jean Bethke Elshtain has used her critique and application of just war as a means of engaging with multiple overlapping aspects of identity. Though Elshtain ostensibly writes about war and the justice, or lack of justice, therein, she also uses just war a site of analysis within which different strands of subjectivity are investigated and articulated as part of her broader political theory. This article explores the proposition that Elshtain's most important contribution to the just war tradition is not be found in her provision of codes or her analysis of ad bellum or in bello criteria, conformity to which adjudges war or military intervention to be just or otherwise. Rather, that she enriches just war debate because of the unique and sometimes provocative perspective she brings as political theorist and International Relations scholar who adopts, adapts, and deploys familiar but, for some, uncomfortable discursive artefacts from the history of the Christian West: suffused with her own Christian faith and theology. In so doing she continually reminds us that human lives, with all their attendant political, social, and religious complexities, should be the focus when military force is used, or even proposed, for political ends.

scholarly journals Introduction: Some ponderings on the use of the law in the writing of histories

2001 ◽  
Vol 16 (2) ◽  
pp. 169-175
Author(s):  
NIMROD HURVITZ ◽  
EDWARD FRAM
Keyword(s):  
Legal Doctrine ◽  
Legal Cases ◽  
Legal Documents ◽  
Historical Significance ◽  
Partial Reconstruction ◽  
The Social ◽  
The Hours ◽  
History Of ◽  
The Subject ◽  
The Law

Professional jurists are often inquisitive about the subject matter of their calling and in the course of their careers may well develop fascinating insights into the law and those who interpret it. Their employers, however, be they governments, corporations, firms, or private clients, rarely show similar enthusiasm for such insights unless the hours spent pondering the social or historical significance of this or that legal view have a contemporary value that justifies the lawyer's fee.Thankfully, other members of society are rewarded for mining the legal records of the past. For legal historians, the search often focuses on the changing legal ideas and how legal doctrine develops over time to meet the changing needs of societies. Yet because the law generally deals with concrete matters – again, because jurists are paid by people who are unlikely to remunerate those who simply while away their hours making up legal cases – it offers a reservoir of information that can be used, albeit with caution, in fields other than just the history of the law.A partial reconstruction of the law of any given time and place is among the more obvious historical uses of legal documents but statutes, practical decisions, and even theoretical texts can be used to advance other forms of the historical endeavour. Legal works often reflect the values both of jurists and society-at-large, for while the law creates social values it is not immune to changes in these very values.

XXIII. On the water-barometer erected in the hall of the Royal Society

1832 ◽  
Vol 122 ◽  
pp. 539-574 ◽  
Keyword(s):  
Royal Society ◽  
Physical Science ◽  
The Other ◽  
Metallic Tube ◽  
French Academy ◽  
History Of ◽  
The Subject ◽  
The Common ◽  
Academy Of Sciences ◽  
Made In

I have for some time entertained an opinion, in common with some others who have turned their attention tot he subject, that a good series of observations with a Water-Barometer, accurately constructed, might throw some light upon several important points of physical science: amongst others, upon the tides of the atmosphere; the horary oscillations of the counterpoising column; the ascending and descending rate of its greater oscillations; and the tension of vapour at different atmospheric temperatures. I have sought in vain in various scientific works, and in the Transactions of Philosophical Societies, for the record of any such observations, or for a description of an instrument calculated to afford the required information with anything approaching to precision. In the first volume of the History of the French Academy of Sciences, a cursory reference is made, in the following words, to some experiments of M. Mariotte upon the subject, of which no particulars appear to have been preserved. “Le même M. Mariotte fit aussi à l’observatoire des experiences sur le baromètre ordinaire à mercure comparé au baromètre à eau. Dans l’un le mercure s’eléva à 28 polices, et dans Fautre l’eau fut a 31 pieds Cequi donne le rapport du mercure à l’eau de 13½ à 1.” Histoire de I'Acadérmie, tom. i. p. 234. It also appears that Otto Guricke constructed a philosophical toy for the amusement of himself and friends, upon the principle of the water-barometer; but the column of water probably in this, as in all the other instances which I have met with, was raised by the imperfect rarefaction of the air in the tube above it, or by filling with water a metallic tube, of sufficient length, cemented to a glass one at its upper extremity, and fitted with a stop-cock at each end; so that when full the upper one might be closed and the lower opened, when the water would fall till it afforded an equipoise to the pressure of the atmo­sphere. The imperfections of such an instrument, it is quite clear, would render it totally unfit for the delicate investigations required in the present state of science; as, to render the observations of any value, it is absolutely necessary that the water should be thoroughly purged of air, by boiling, and its insinuation or reabsorption effectually guarded against. I was convinced that the only chance of securing these two necessary ends, was to form the whole length of tube of one piece of glass, and to boil the water in it, as is done with mercury in the common barometer. The practical difficulties which opposed themselves to such a construction long appeared to me insurmount­able; but I at length contrived a plan for the purpose, which, having been honoured with the approval of the late Meteorological Committee of this Society, was ordered to be carried into execution by the President and Council.

New Light on Slade's Case

1971 ◽  
Vol 29 (1) ◽  
pp. 51-67 ◽  
Author(s):  
J. H. Baker
Keyword(s):  
Common Law ◽  
Full Report ◽  
History Of ◽  
The Subject ◽  
The Common ◽  
Almost All

Slade's Case is of such significance in the history of the common law that it has, quite properly, been the subject of more scrutiny and discussion in recent years than any other case of the same age. The foundation of all this discussion has been Coke's report, which is the only full report in print. The accuracy and completeness of Coke's version have hardly been challenged, and the discussions have assumed that it contains almost all there is to know about the case. This assumption must be discarded if we are to understand the contemporary significance of the case.

scholarly journals The History of the Walled (Formal) Garden at Benmore Botanic Garden

2019 ◽  
pp. 201-236
Author(s):  
David Gray
Keyword(s):  
Retrospective Study ◽  
Historical Development ◽  
Botanic Garden ◽  
The Past ◽  
History Of ◽  
The Subject

The 2.02 ha site containing the Category B listed Walled Garden at Benmore is currently the subject of a major redesign proposal and active fundraising programme. The purpose of this article is to raise the profile of the project by investigating and highlighting the historical development of the site. This retrospective study is also intended as a support to contemporary redevelopment plans and as a demonstration of how the past underpins and informs the future.I am frankly and absolutely for a formal garden … It is a small piece of ground enclosed by walls … There is not the least attempt to imitate natural scenery (Phillpotts, 1906, p. 54).

scholarly journals Roman Tribune Cola di Rienzo (1347), Res Gestae Divi Augusti and Lex de Imperio Vespasiani

2018 ◽  
Vol 20 (1) ◽  
pp. 47-104
Author(s):  
Milan Lovenjak
Keyword(s):  
Asia Minor ◽  
Classical Literature ◽  
Roman Emperor ◽  
Documentary Sources ◽  
History Of ◽  
The Subject ◽  
Ancient Documents ◽  
The Law ◽  
Dramatic Adaptations ◽  
Considerable Detail

The anonymous and fragmentarily preserved Romance-dialect Chronicle describing the history of Rome in 1325–1360, the extensive correspondence between Cola di Rienzo (1313–1354) and rulers, nobles, Church dignitaries, and intellectuals (especially Petrarch) in Italy and abroad, as well as various documentary sources allow us to trace Rienzo’s career in considerable detail. A papal notary, a scholar in Classical literature, an exceptional orator and a copyist and translator of Ancient Roman inscriptions, Rienzo, aided by a group of followers, overthrew the baron rule in Rome in May 1347, assumed the title of ‘Roman Tribune’ and seized power with the aim of reuniting Italy under a common emperor, a concept modelled on the first Roman emperor, Augustus. After undertaking a number of more or less successful measures, public manifestations and diplomatic activities, he was forced to retreat by a clash with the barons’ army even before the end of the year. After years of exile, he returned triumphant in the middle of 1354 to seize power, but the first few weeks of tyranny and arbitrary measures led to his tragic demise at the hands of an infuriated mob. Later he grew into the subject of myth, portrayed in numerous literary, musical, and dramatic adaptations. The present paper examines two ancient documents crucial to the formation of the principate (the renewal of which was Cola’s objective), i.e. Augustus’ account of his own deeds (Res gestae divi Augusti), which is mentioned by Suetonius and known from three epigraphically attested copies from Asia Minor, and a bronze plaque bearing a law on the conferment of powers on Emperor Vespasian, the so-called Lex de imperio Vespasiani. The plaque was used as propaganda by Cola during his preparations for the coup. The inconsistencies between the parts of the law preserved on the plaque (it must have been preceded by at least one other plaque) and the account of Cola’s interpretation as given in the anonymous Chronicle raise a number of questions, which resist definitive answers.

scholarly journals On Memory of Plates and Dishes

Fluminensia ◽  
2020 ◽  
Vol 32 (2) ◽  
pp. 117-136
Author(s):  
Krystyna Pieniążek-Marković
Keyword(s):  
Cultural Memory ◽  
Regional Identity ◽  
Literary Fiction ◽  
Western World ◽  
Individual Identity ◽  
The Past ◽  
Literary Sources ◽  
The Social ◽  
History Of ◽  
The Common

The aim of the article is to discuss how elements of food narratives meals and kitchen tools used for cooking are used in order to consolidate and shape the Croatian cultural memory, especially in the context of its Mediterranean heritage.For this reason, the texts by Veljko Barbieri, collected in the four volumes under the common and significant title Kuharski kanconijer. Gurmanska sjećanja Mediterana, are analysed. His circum-culinary narratives are a combination of encyclopaedic knowledge, references to historical and literary sources, personal memories and literary fiction. They can be easily inscribed in the Croatian (collective and individual) identity discourse since they are able to strengthen the collective (either national and supranational, or geo-regional) identity, and to construct the cultural memory. They also show Croatia's affiliation to the Western world along with its cultural-civilization rooting in antiquity, the Mediterranean region and Christianity, thus forming a part of the founding memory that develops a narrative about the very beginnings of Croatian presence on this land. The gastronomic narratives serve to create the cultural memory and this version of history which is to stabilize the social identity described by Pierre Nora and Andreas Huyssen. Through his stories, Barbieri shapes memory based on the representation of the past. In the analysed narratives, the memory carriers are dishes and plates which find reference to the oldest history of Croatia rendered by myths and other narratives. Associated with dishes, the pots enable the narrator to recall the past and the identity coded in individual dishes. They also participate in the processes of repeating, storage and remembering which generate a symbiotic relationship between man and thing. The memory carriers that is, food and plates depicted in Barbieri's culinary narratives do not convey their content in a neutral way, but construct their marked images.

scholarly journals Is history of economic thought a "serious" subject?

2008 ◽  
Vol 1 (1) ◽  
pp. 107 ◽  
Author(s):  
Maria Cristina Marcuzzo
Keyword(s):  
Research Methods ◽  
Theoretical Framework ◽  
Economic Thought ◽  
Historical Narrative ◽  
Contextual Analysis ◽  
History Of Economic Thought ◽  
Textual Exegesis ◽  
The Past ◽  
History Of ◽  
The Subject

The purpose of this paper is to clarify the nature of research methods in the history of economic thought. In reviewing the "techniques" which are involved in the discipline, four broader categories are identified: a) textual exegesis; b) "rational reconstructions"; c) "contextual analysis"; and d) "historical narrative". After examining these different styles of doing history of economic thought, the paper addresses the question of its appraisal, namely what is good history of economic thought. Moreover, it is argued that there is a distinction to be made between doing economics and doing history of economic thought. The latter requires the greatest possible respect for contexts and texts, both published and unpublished; the former entails constructing a theoretical framework that is in some respects freer, not bound by derivation, from the authors. Finally, the paper draws upon Econlit records to assess what has been done in the subject in the last two decades in order to frame some considerations on how the past may impinge on the future.

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