scholarly journals Pojedini aspekti građanskopravnog položaja udatih žena u srednjovjekovnoj Engleskoj

2021 ◽  
Vol 1 (2/2020) ◽  
pp. 38-61
Author(s):  
Milica Ristić
Keyword(s):  
Legal System ◽  
Justice System ◽  
Common Law ◽  
Married Women ◽  
Medieval England ◽  
Legal Capacity ◽  
Legal Systems ◽  
Basic Source ◽  
The Common ◽  
The Moment

The arrival of the Norman tribes in the territory of England inevitably meant the influence of the customs of these tribes on the formation of a new legal system, known as „common law”. Soon after, this system established the judicial precedent as the basic source of law, which made it significantly different from European continental legal systems. However, when it came to the position of women, the common law world was the same as the continental legal systems. It was the male world, as evidenced by the famous Blackstone’s thought that husband and wife are one, and that one is the husband. In the moment of marriage, the wife would lose her legal capacity, and her personality would be drowned in her husband’s power over her and her property. Considering many other restrictions on women’s rights that will be addressed in the paper, it is not surprising that widows enjoyed the best status in medieval England, mostly owing to the institute of dower. This injustice was corrected by the emergence of the justice system and especially the trust institute. This paper is dedicated to the stages of development of the rights of married women in medieval England from complete denial to their affirmation, and especially to the contribution of the institutions of equity law to that development.

scholarly journals A Triumph of Liberalism: The Supreme Court of Canada and the Exclusion of Evidence

1969 ◽  
pp. 299 ◽  
Author(s):  
Julianne Parfett
Keyword(s):  
Criminal Justice ◽  
Supreme Court ◽  
Legal System ◽  
Justice System ◽  
Common Law ◽  
Supreme Court Of Canada ◽  
Causal Connection ◽  
The Supreme Court ◽  
The Common ◽  
The Cost

The common law has historically defined self- incrimination narrowly. Using Packer's models of the criminal justice system as a framework, the article examines the Supreme Court of Canada's interpretations of s. 24(2) of the Charter. The Court has expanded the definitions of both self incrimination and remoteness. The author argues that s. 24(2) has ceased to be a remedy requiring the balancing of interests and has become a quasi- automatic rule of exclusion, which promotes individual rights at the cost of victim's rights. Further, in the Court's zeal to protect the integrity of the system, there is no allowance made for the seriousness of the breach, the consequences of the exclusion, or the causal connection between the breach and any evidence obtained. The author argues that this has resulted in a justice system more concerned with police behaviour than with the pursuit of truth. Instead, either the exclusionary rule must be used to foster a balance of individual and communitarian rights, or other more imaginative remedies should be crafted from s. 24(2) to protect the integrity of the legal system.

The Common Law Mind of George Barton

2012 ◽  
Vol 43 (1) ◽  
pp. 163
Author(s):  
Campbell McLachlan
Keyword(s):  
New Zealand ◽  
Legal System ◽  
Personal Experience ◽  
Common Law ◽  
Legal Reasoning ◽  
Legal Systems ◽  
International Human Rights ◽  
Progressive Development ◽  
The Common ◽  
International Human

Dr George Barton’s remarkable life in the law exemplified two themes of general lasting importance. The first is the need to ensure that, in its progressive development, the New Zealand legal system takes full advantage of its membership of the wider common law family of legal systems. McLachlan argues that this is not merely a matter of optional comparative reference, pursuing a vague notion of transnational law. Rather, consideration of other common law authority is integral to legal reasoning in New Zealand and essential if the New Zealand legal system is to avoid the risk of insularity. The second general theme is the contribution that New Zealand can make to the practical achievement of international human rights, particularly within the same family of legal systems. McLachlan develops these two linked themes by reference to his personal experience of working with Dr Barton on Commonwealth legal matters over the last 30 years.

scholarly journals Uniform Application of Law in Ethiopia: Effects of Cassation Decisions of the Federal Supreme Court

2014 ◽  
Vol 7 (2) ◽  
pp. 203-231 ◽  
Author(s):  
Hussein Ahmed Tura
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Common Law ◽  
Legal Systems ◽  
Application Of Law ◽  
Entire Country ◽  
Administrative Agencies ◽  
Lower Courts ◽  
The Common ◽  
Federal Supreme

The Ethiopian legal system has transplanted substantial elements from both Continental Law and Common Law legal systems. While the legal system is characterized by its reception of substantial rules from the Continental Law Legal System, there are some concepts transplanted from the Common Law legal system particularly incorporated in the procedural laws. Moreover, under Proclamation No. 454/2005, the interpretation of laws by the Cassation Division of the Federal Supreme Court (hereinafter Cassation Division) is made to have binding authority on all lower courts at all levels in the entire country. Although the Proclamation seems to introduce the doctrine of precedent, there is a debate as to whether what is introduced under the Proclamation amounts to a precedent system or not. Moreover, it is not expressly given whether judicial organs other than regular courts such as administrative agencies or tribunals, religious and customary courts are bound by the decision of the Cassation Division. The Proclamation also does not provide for the effects of overruling and preconditions to overrule previous decisions of the Cassation Division. The purpose of this article is to critically analyze the legal effects of the binding interpretation of law given at cassation by the Federal Supreme Court in the Ethiopian legal system.

scholarly journals From Norms to Facts: The Realization of Rights in Common and Civil Private Law

2011 ◽  
Vol 56 (1) ◽  
pp. 77-114 ◽  
Author(s):  
Helge Dedek
Keyword(s):  
Legal System ◽  
Deep Structure ◽  
Common Law ◽  
Social Reality ◽  
Judicial Decision Making ◽  
Legal Traditions ◽  
The United Kingdom ◽  
The Common ◽  
Legal Concepts ◽  
The Ideal

Every legal system that ties judicial decision making to a body of preconceived norms has to face the tension between the normative formulation of the ideal and its approximation in social reality. In the parlance of the common law, it is, more concretely, the remedy that bridges the gap between the ideal and the real, or, rather, between norms and facts. In the common law world—particularly in the United Kingdom and the Commonwealth—a lively discourse has developed around the question of how rights relate to remedies. To the civilian legal scholar—used to thinking within a framework that strictly categorizes terms like substance and procedure, subjective right, action, and execution—the concept of remedy remains a mystery. The lack of “remedy” in the vocabulary of the civil law is more than just a matter of attaching different labels to functional equivalents, it is the expression of a different way of thinking about law. Only if a legal system is capable of satisfactorily transposing the abstract discourse of the law into social reality does the legal machinery fulfill its purpose: due to the pivotal importance of this translational process, the way it is cast in legal concepts thus allows for an insight into the deep structure of a legal culture, and, convergence notwithstanding, the remaining epistemological differences between the legal traditions of the West. A mixed jurisdiction must reflect upon these differences in order to understand its own condition and to define its future course.

scholarly journals The Transplant of Trusts in Different Legal Jurisdictions: The Example of China

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Original Model ◽  
People’S Republic Of China ◽  
Legal Institution ◽  
Legal Systems ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Trust Law

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

The Experiences of Civil Lawyers When Studying the Common Law

2013 ◽  
Vol 8 ◽  
pp. 1-20
Author(s):  
Margaret Fordham
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Legal Systems ◽  
The Common

AbstractThis article examines the issues experienced by civil lawyers when studying the common law. It considers the extent of the differences between common law and civil law legal systems, examines the challenges which students from civil law jurisdictions face when first exposed to the common law, analyses the various ways in which these challenges may be met, and summarises civilians’ overall impressions of the common law.

Third Party Beneficiary: A Comparative Analysis

1976 ◽  
Vol 11 (3) ◽  
pp. 315-338 ◽  
Author(s):  
Gabriela Shalev
Keyword(s):  
Comparative Analysis ◽  
Legal System ◽  
Common Law ◽  
Third Party ◽  
Critical Examination ◽  
Legal Research ◽  
General Part ◽  
The Common ◽  
Comparative Survey ◽  
The Right

Chapter 4 of the new Israeli Contracts (General Part) Law, 1973, introduces the concept of a contract in favour of a third party, while granting express recognition to the right of a third party beneficiary. Even those, (including the author) who maintain, that the right of a third party beneficiary could and should be derived, even before the commencement of the new Law, from the general principles and premises of the old Israeli law of contract, cannot fail to see in the above-mentioned chapter an important innovation in the Israeli legal system.This paper is a comparative analysis of the institution of third party beneficiary. The analysis will consist of a presentation and critical examination of the central concepts and doctrines involved in the institution under discussion, and it will be combined with a comparative survey of the arrangements adopted in various legal systems. The choice of this approach stems from the particular circumstances of the new legislation.While in most countries, comparative legal research is a luxury, in Israel it is a necessity. The new legislation in private law is inspired to a great extent by Continental codifications. As far as the law of contract is concerned, Israel is now in the process of becoming a “mixed jurisdiction”: departing from the common law tradition and technique, and heading towards an independent body of law, derived from various sources, mainly Continental in both substance and form.

British Virgin Islands

2020 ◽  
Author(s):  
Arabella di Iorio
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Common Law ◽  
Virgin Islands ◽  
British Virgin Islands ◽  
Law System ◽  
The Common ◽  
Eastern Caribbean ◽  
Common Law System ◽  
Trust Law

The legal system of the British Virgin Islands is a common law system based on the English model, comprising statute law and binding case precedents. The principles of English common law and equity apply in the BVI (subject to modification by BVI statutes) pursuant to the Common Law (Declaration of Application) Act (Cap 13) and the Eastern Caribbean Supreme Court (Virgin Islands) Act (Cap 80) respectively. The general principles of trust law are based on English law.

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