COURT CASES AND LEGAL ARGUMENTS IN ENGLAND, c.1066–1166

2000 ◽  
Vol 10 ◽  
pp. 91-115 ◽  
Author(s):  
John Hudson
Keyword(s):  
Legal History ◽  
Court Cases ◽  
Direct Link ◽  
Norman Conquest ◽  
Legal Norms ◽  
Royal Power ◽  
Legal Reforms ◽  
Anglo Norman ◽  
Legal Arguments ◽  
The Relationship

AbstractTHE relationship between law, the power of participants in disputes, and the structure of society and politics is always a complex one. It is also, not surprisingly therefore, controversial in writings on jurisprudence, modern law, and legal history. In this paper I argue for the importance of legal norms in the conduct of disputes in England in the period between the Norman Conquest and the early Angevin legal reforms. This importance is certainly related to the extent of Anglo-Norman royal power. However, in a wider context I shall argue against any necessary, simple, and direct link between political structure and the existence and influence of legal norms.

The English Navy in the Twelfth Century*

2020 ◽  
Vol 135 (575) ◽  
pp. 743-774
Author(s):  
Susan Raich Sequeira
Keyword(s):  
Twelfth Century ◽  
Royal Navy ◽  
Anglo Saxon ◽  
Norman Conquest ◽  
Territorial Expansion ◽  
Royal Power ◽  
Crucial Component ◽  
Anglo Norman ◽  
Trading Networks ◽  
Shed Light

Abstract This article investigates the naval strategies of England’s post-Conquest kings, especially from c.1100–1189, a period for which modern scholarship has yet to recognise the existence of a royal navy. It demonstrates that post-Conquest kings deployed warships, summoned defensive fleets, and launched their own invasion navies throughout the long twelfth century. Previously unnoticed evidence for the maintenance of warships under Henry II is discussed and records of fleet recruitment are used to shed light on the systems behind naval levies. Given all this evidence, it can firmly be concluded that there was a navy at the disposal of England’s Anglo-Norman and Angevin kings. The origins of this navy are twofold. Firstly, twelfth-century tactics drew on Anglo-Saxon and Anglo-Danish systems and precedents, suggesting the long continuity of post-Conquest naval activities rather than sudden naval innovation under any particular king. The ‘English navy’ therefore did not decline after the Norman Conquest, nor was it a new foundation of Richard I. Secondly, England’s twelfth-century rulers relied upon the maritime skills and co-operation of coastal and port inhabitants across the realm. These coastal denizens’ motivations for participation in royal navies reveal both the extent and the limitations of English royal power. Royal naval activities took place against the backdrop of a European north that was becoming ever more connected by sea routes. English navies were therefore a crucial component of territorial expansion and warfare across a realm situated in the midst of extensive pan-European trading networks.

scholarly journals Moral Goals and Legal Coercion: Philosophical and Legal Arguments of Patrick Devlin

2021 ◽  
Vol 6 (3) ◽  
pp. 64-68
Author(s):  
A. B. Didikin ◽  
Keyword(s):  
Public Morality ◽  
Legal Norms ◽  
Legal Coercion ◽  
Patrick Devlin ◽  
Legal Arguments ◽  
The Relationship

The paper analyzes the arguments of the British jurist P. Devlin on the possibility of ensuring the achievement of moral goals by legal means. The views of P. Devlin and his debate with H. L. A. Hart gave rise to deep discussions on the relationship between moral and legal prescriptions in legislation and the search for moral grounds for legal norms and practice of its application. The paper also reconstructs P. Devlin’s arguments on the specifics of the application of the principle of harm compensation in assessing actions that contradict public morality

О НЕКОТОРЫХ ИСТОРИЧЕСКИХ АСПЕКТАХ СТАНОВЛЕНИЯ ВОСПИТАТЕЛЬНОЙ РАБОТЫ С ОСУЖДЕННЫМИ В МЕСТАХ ЛИШЕНИЯ СВОБОДЫ

2020 ◽  
Author(s):  
Vasiliy Dvortsov ◽  
Alexander Efimenko
Keyword(s):  
General Education ◽  
Scientific Literature ◽  
Criminal Code ◽  
The Self ◽  
Self Assessment ◽  
Educational Work ◽  
Legal Norms ◽  
Education Profession ◽  
Comprehensive Programs ◽  
The Relationship

В статье предпринята попытка теоретического анализа и изучения научной литературы по организации и становлению воспитательной работы с осужденными в местах лишения свободы, продемонстрирована взаимосвязь между политико-воспитательной работой, ресоциализацией и исправлением осужденных в пенитенциарных учреждениях. Проведенное исследование позволяет предполагать, что воспитательная работа является основополагающим средством исправления различных категорий осужденных (регламентировано ст. 9 УИК РФ). На этой основе критерием исправления будет становиться устойчивое правопослушное поведение человека. В связи с этим возникает необходимость использования психолого-педагогической программы по перестройке и самооценке осужденных, позволяющей формировать их готовность к самореализации, когда осознание совершенных преступлений становится внутренне неприемлемым. Авторами отмечается, что, самоисправление человека зависит от ряда направлений воспитательной работы: нравственного, правового, физического воспитания, получения основного общего образования, получения профессии. Очевидно, что для закрепления положительного результата процесс ресоциализации в пенитенциарных учреждениях должен проводиться сотрудниками всех отделов и служб на основе комплексных программ, разработанных с учетом специфики и возраста осужденных.The article attempts a theoretical analysis and study of scientific literature on the organization and formation of educational work with convicts in prisons, demonstrates the relationship between «political and educational work», re-socialization and correction of convicts in prisons. The study suggests that educational work is a fundamental means of correcting various categories of convicts (regulated by article 9 of the criminal code). Based on this criterion fixes will become sustainable human behavior, demonstrating a conscious rejection of the violation of legal norms with the aim of securing sustainable patterns of law-abiding behavior. There is a need to use the psychological and pedagogical Program for restructuring and self-assessment of convicts, which allows to form on this basis their readiness for self-realization, when the awareness of the crimes committed becomes internally unacceptable. In this regard, the self-correction of a person depends on a number of areas, namely, moral, legal, physical education, basic General education, profession, forming the basis of educational work. It is obvious that in order to consolidate a positive result in penitentiary institutions, the activities of all departments and services should be carried out a process of re-socialization on the basis of comprehensive Programs developed taking into account the specifics and different ages of convicts.

Introduction

2018 ◽  
Author(s):  
Marko Geslani
Keyword(s):  
Comparative Study ◽  
Royal Power ◽  
History Of ◽  
Historical Developments ◽  
The Comparative Study ◽  
The Relationship ◽  
Over Time ◽  
Indian Religion

The introduction reviews the historiographic problem of the relation between fire sacrifice (yajña) and image worship (pūjā), which have traditionally been seen as opposing ritual structures serving to undergird the distinction of “Vedic” and “Hindu.” Against such an icono- and theocentric approach, it proposes a history of the priesthood in relation to royal power, centering on the relationship between the royal chaplain (purohita) and astrologer (sāṃvatsara) as a crucial, unexplored development in early Indian religion. In order to capture these historical developments, it outlines a method for the comparative study of ritual forms over time.

The International Legal Personality of the Individual

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Rights ◽  
Legal Personality ◽  
Legal Norms ◽  
State Of Affairs ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
Second World

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.

The Cult of St Edmund, King and Martyr in Medieval Ireland

2018 ◽  
Vol 136 (4) ◽  
pp. 223-238 ◽  
Author(s):  
Francis Young
Keyword(s):  
Middle Ages ◽  
Anglo Saxon ◽  
Norman Conquest ◽  
14Th Century ◽  
Patron Saint ◽  
12Th Century ◽  
Anglo Norman ◽  
Christ Church ◽  
Medieval Ireland ◽  
The Middle Ages

St Edmund, king and martyr (an Anglo-Saxon king martyred by the Vikings in 869) was one of the most venerated English saints in Ireland from the 12th century. In Dublin, St Edmund had his own chapel in Christ Church Cathedral and a guild, while Athassel Priory in County Tipperary claimed to possess a miraculous image of the saint. In the late 14th century the coat of arms ascribed to St Edmund became the emblem of the king of England’s lordship of Ireland, and the name Edmund (or its Irish equivalent Éamon) was widespread in the country by the end of the Middle Ages. This article argues that the cult of St Edmund, the traditional patron saint of the English people, served to reassure the English of Ireland of their Englishness, and challenges the idea that St Edmund was introduced to Ireland as a heavenly patron of the Anglo-Norman conquest.

Evolving Views of Islamic Law in Turkey

2013 ◽  
Vol 28 (2) ◽  
pp. 467-487 ◽  
Author(s):  
Russell Powell
Keyword(s):  
Islamic Law ◽  
Empirical Studies ◽  
Exceptional Case ◽  
Legal Norms ◽  
Muslim Countries ◽  
Law And Politics ◽  
Legal Opinions ◽  
Turkish Constitution ◽  
The Relationship

The tradition of Kemalist secularism (laiklik) in Turkey is often cited to distinguish Turkey as an exceptional case among predominantly Muslim countries. While it is true that the Turkish Constitution, laws, and legal opinions approach the relationship between the state and religion very differently than those of Iran, Saudi Arabia, Egypt, or even Indonesia, it would be wrong to underestimate the role that religion plays in the formation of Turkish legal norms, including citizen understanding of those norms. There is a wealth of literature describing the nature of Turkish secularism and its evolution. A number of both quantitative and qualitative studies inquire about the preference forShari'aamong Turkish voters. The typical question asks whether respondents favor the establishment of aShari'astate. Over the past fifteen years, these surveys have received response rates ranging between five and twenty-five percent in favor of such a state. However, these results are extremely problematic, because they do not provide any context or meaning for “the establishment of aShari'astate,” either for those who favor it or for those who oppose it. This study begins to unpack the range of possible meanings attributed toShari'awithin Turkey, both among voters and among intellectuals, as a framework for future empirical studies and as a basis for deeper understandings of the role of Islam within Turkish law and politics.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

Dispute over contact with a child as the result of unresolved divorce-related conflicts

2021 ◽  
Vol 598 (3) ◽  
pp. 30-40
Author(s):  
Anna Zalewska
Keyword(s):  
Family Relationships ◽  
Main Issue ◽  
Court Cases ◽  
Child Functioning ◽  
Minor Children ◽  
The Relationship

Parting and divorce are situations that are not only the result of conflicts, but also their causes, especially if they concern parents of minor children. A problem then arises regarding the establishment of contact between the secondary parent and the child, which may be difficult if the disputes that led to the separation remain unresolved or other court cases are pending at the same time. The parties, during or after divorce, often submit a request to the court to regulate the frequency and form of meetings between the secondary parent and the child, which seems to be the main issue of misunderstandings. After a deeper analysis of the relationship between former partners, it turns out, that the lack of ability to establish contact with the child is the result of the accumulation of other disputes and unresolved misunderstandings. The presented fragments of qualitative analyzes of psychological and pedagogical opinions prepared by the Opinion Team of Forensic Specialists, illustrating the assumption that the dispute over contact may be related to other conflicts between former spouses, are part of a qualitative project focused around divorce-related conflicts. The aim of the research is to identify the effects of strong conflict between parents and the lack of communication between them after divorce for family relationships and the child functioning.

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