scholarly journals Conscience and the King's Household Clergy in the Early Tudor Court of Requests

2020 ◽  
Vol 56 ◽  
pp. 210-226
Author(s):  
Laura Flannigan
Keyword(s):  
Sixteenth Century ◽  
Ad Hoc ◽  
Common Law ◽  
Central Administration ◽  
The Law ◽  
The Relationship ◽  
The Church ◽  
Royal Household

The early Tudor Court of Requests was closely attached to the king's person and his duty to provide ‘indifferent’ justice. In practice, however, it was staffed by members of the attendant royal household and council. Utilizing the little-studied but extensive records of the court, this article traces the rising dominance of the dean of the Chapel Royal and the royal almoner as administrators and judges there from the 1490s to the 1520s. It examines the relationship between supposedly ‘secular’ and ‘spiritual’ activities within the central administration and between the formal and informal structures and ideologies of the church, the law and the royal household. It explores the politics of proximity and the ad hoc nature of early Tudor governance which made the conscience-based jurisdiction in Requests especially convenient to the king and desperate litigants alike. Overall the article argues that although the influence of clergymen in the court waned towards the end of the sixteenth century in favour of common-law judges, its enduring association with ‘poor men's causes’ and ‘conscience’ grew directly from these early clerical underpinnings.

scholarly journals A Godly Law? Bulstrode Whitelocke, Puritanism and the Common Law in Seventeenth-Century England

2020 ◽  
Vol 56 ◽  
pp. 273-287
Author(s):  
Jacqueline Rose
Keyword(s):  
Seventeenth Century ◽  
Civil Wars ◽  
Common Law ◽  
British History ◽  
Apparent Relationship ◽  
The Common ◽  
The Law ◽  
Law Of Moses ◽  
The Relationship ◽  
The Church

Debates surrounding both the church and the law played an important role in the conflicts that marked seventeenth-century England. Calls for reform of the law in the Civil Wars and Interregnum complicated the apparent relationship between puritanism and the common law, as the first fragmented and the second came under attack in the 1640s and 1650s. This article first analyses the common lawyer Bulstrode Whitelocke's historical and constitutional writings that defended the common law against demands for its reform and argued that its legitimacy derived from its origins in, and resemblances to, the law of Moses. Refraining from the radical application of this model employed by some contemporaries, Whitelocke instead turned to British history to make his case. This article then examines Whitelocke's views of the relationship between common law and ecclesiastical jurisdiction in his own day, showing how, both as a lawyer and as a puritan, he navigated laws demanding religious conformity. Whitelocke's career therefore demonstrates how lawyers could negotiate the fraught relationship between the church and the law in the aftermath of the reconfigurations provoked by the Civil Wars and Restoration.

scholarly journals PERAN KONVENSI HUKUM LAUT INTERNASIONAL PBB 1982 DAN INTERNATIONAL MARITIME ORGANIZATION (IMO) BAGI KESELAMATAN DAN KEAMANAN ANAK BUAH KAPAL (ABK) SELAMA BERLAYAR DALAM PELAYARAN INTERNASIONAL

2020 ◽  
Vol 2 (1) ◽  
pp. 160-178
Author(s):  
Piseth Chann
Keyword(s):  
Human Resources ◽  
United Nations ◽  
Ad Hoc ◽  
International Management ◽  
International Maritime Organization ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
The Law ◽  
The Relationship

ABSTRAKEksploitasi terhadap tenaga kerja di laut lepas, khususnya ABK, masih sering terjadi. Meskipun tidak diatur secara spesifik, keselamatan dan keamanan ABK dapat dikaitkan dengan KHL PBB 1982, Pasal 94. Tujuan dari kajian ini adalah untuk menjelaskan keterkaitan Pasal 94 KHL dengan perlindungan terhadap ABK, peran IMO terhadap keselamatan dan keamanan ABK, dan kerja sama antara IMO dan ILO dalam menangani masalah eksploitasi sumber daya manusia dalam pelayaran internasional. Dari kajian ini dapat dijelaskan bahwa dalam KHL PBB 1982, Pasal 94 Ayat 2 (b) dan 3 (b) terdapat kewajiban yang dibebankan kepada Negara Bendera untuk ikut bertanggung jawab jika ABK mendapatkan suatu masalah. Sementara itu, sebagai agen khusus PBB, IMO telah mengadopsi satu Kode Manajemen Internasional dengan tujuan untuk memastikan keselamatan manusia dan menghindari kerusakan lingkungan laut. IMO, ILO dan Ad Hoc juga membentuk kerja sama tripartit untuk mengatur hal-hal yang berkaitan dengan ketenagakerjaan di laut. Kata Kunci: anak buah kapal; IMO; ILO; keselamatan dan keamanan ABSTRACTExploitation of workers on the high seas, especially the ship's crew, is still common. Although not specifically regulated, the safety and security of the ship's crew can be linked to the 1982 United Nations Convention on the Law of the Sea (UNCLOS), Article 94. The purpose of this study is to explain the relationship between Article 94 UNCLOS and the protection of ship's crew, the role of International Maritime Organization (IMO) in the safety and security of ship's crew, and cooperation between IMO and ILO in dealing with the problem of exploitation of human resources in international shipping. From this study, it can be explained that in the 1982 United Nations Convention on the Law of the Sea, Article 94 Paragraphs 2 (b) and 3 (b) there was an obligation imposed on the Flag State to take responsibility if the ship's crew had a problem. Meanwhile, as a UN special agent, IMO has adopted an International Management Code to ensure human safety and avoid damage to the marine environment. IMO, ILO and Ad Hoc also formed tripartite cooperation to regulate matters related to employment at sea.Keywords: ILO; IMO; security and safety; ship's crew

Part I Introduction, 1 The Nature of Termination

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Common Law ◽  
The Other ◽  
Breach Of Contract ◽  
Close Relationship ◽  
The Law ◽  
The Right ◽  
The Relationship ◽  
Right To Refuse

This chapter discusses the nature of termination for breach. Termination for breach can be seen both as a process and as a remedy. Traditionally, the topic has been dealt with under the broader umbrella of ‘discharge’, alongside such topics as performance, frustration, and agreement. Problems arise, however, when the notion of discharge is pressed too far; in particular, the idea of the contract ‘coming to an end’ can be a misleading one, and has given rise to various errors and misconceptions. For this and other reasons, more emphasis is now given to termination in the context of remedies. Termination can be one of the most useful weapons in the armoury for the victim of a breach of contract, not least because, unlike many other remedies, it does not require recourse to the courts. However, this notion of termination as a remedy should not obscure the close relationship between termination and the other modes of discharge, most notably frustration. The chapter then looks at the problems in this area of the law, including problems of terminology, the different ways in which common law and equity have approached the question, and the relationship between discharge and damages. It also considers the most important aspects of the right to terminate, including the right to refuse performance.

Fiduciary Law as Equity’s Child

Equity ◽  
2018 ◽  
pp. 113-151
Author(s):  
Irit Samet
Keyword(s):  
Common Law ◽  
Legal Reasoning ◽  
Active Role ◽  
Fiduciary Duties ◽  
Contractual Obligation ◽  
The Law ◽  
Duty Of Loyalty ◽  
Contractual Obligations ◽  
The Relationship ◽  
The Way

This chapter challenges the argument that one of Equity’s most distinctive doctrines, fiduciary law, must be fused with a common law doctrine—the law of contract. In particular, it highlights the disadvantages of transforming the equitable duty of loyalty into an ordinary contractual obligation. The chapter first considers the ‘contractarian’ interpretation of fiduciary law according to which fiduciary duties are no more than a species of contractual obligations before explaining why, in contrast with the contractarian argument, Equity was right in claiming that the fiduciary relationship was essentially different from contract. After making the case of why fiduciary law should be treated as a sui generis equitable doctrine, the chapter examines two features of equitable fiduciary law that will change dramatically if the fusion suggestion is adopted (the language in which it is set and the way into the relationship) and shows the adverse consequences of moving in that direction. It concludes with the contention that the concept of ‘conscience’ still has an active role to play in the legal reasoning about fiduciaries.

19. The equitable liability of strangers to the trust

2021 ◽  
pp. 453-472
Author(s):  
Gary Watt
Keyword(s):  
Common Law ◽  
Legal Knowledge ◽  
Key Points ◽  
Trust Property ◽  
The Law ◽  
The Relationship

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter shows how a stranger to the trust may be threatened with personal equitable liability. It explains the rationale behind equitable liability for ‘knowing receipt’ of trust property, considers the distinction between ‘knowing receipt’ and ‘inconsistent dealing’, examines the nature of a stranger’s liability for dishonest assistance in (or procurement of) a breach of trust and looks at possible reforms of the law in this area. The chapter also discusses how liability of strangers differs from tracing, trusteeship de son tort, the four requirements for ‘dishonest assistance’ (existence of a trust, breach of the trust, assistance and dishonesty), the relationship between knowledge and dishonesty in cases of dishonest assistance and whether accessory liability should be a common law tort.

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.

Sovereignty and Common Law Judicial Office in Taylor's Case (1675)

2019 ◽  
Vol 37 (2) ◽  
pp. 397-429 ◽  
Author(s):  
David Kearns
Keyword(s):  
Church Of England ◽  
Common Law ◽  
Ecclesiastical Law ◽  
Chief Justice ◽  
Spiritual Nature ◽  
The Common ◽  
English Law ◽  
The Law ◽  
The Church ◽  
Law Making

This essay argues that the 1675 conviction of John Taylor by the Court of King's Bench for slandering God reveals Chief Justice Matthew Hale implementing a model of conjoint law-making between courts, Parliament, and crown that gave pre-eminent power to the common lawyers, and none to the Church of England. In doing so, it counters the prevailing literature on Restoration English law, which has treated the law as hierarchical, with the common lawyers subordinate to the sovereign. Rather than following statute or ecclesiastical law, which emphasised the spiritual nature of crimes like Taylor's, Hale located Taylor's offence in the exclusively temporal common law jurisdiction of defamation, which existed largely outside of monarchical purview. Hale's judgment reflected his rhetoric of judicial office outside the courtroom, where he argued the judiciary worked alongside King and Parliament in making law, but were not subservient to these institutions, for common lawyers relied on sources of law beyond sovereign-made statute. The language of sovereignty as hierarchical was thus a factional attack on an independent common law, an attempt to subordinate the common lawyers to the crown that was resisted by the lawyers like Hale in his rhetoric and exercise of office, and should not ground accounts of the Restoration regime.

Part III Intermediaries and Financial Promotion, 9 Intermediaries

2014 ◽  
Author(s):  
McMeel Gerard
Keyword(s):  
Consumer Protection ◽  
Service Provider ◽  
Financial Services ◽  
Common Law ◽  
Prima Facie ◽  
Financial Services Industry ◽  
The Law ◽  
Services Industry ◽  
The Relationship

This chapter discusses the law governing intermediaries in the financial services industry. The relationship between the various species of intermediary and both the service provider and the customer, is prima facie governed by the rules of agency developed at common law, together with a statutory overlay. The Financial Services Act 1986 introduced the statutory concept of the appointed representative, which allowed regulated persons to appoint other persons for whom they accepted regulatory responsibility, and as a measure of consumer protection initiated a regime of vicarious responsibility, whereby the appointing principal was deemed responsible for everything said or done, or not said or done, by its appointed representatives. That regime was continued and expanded to the whole financial services industry by the Financial Services and Markets Act 2000.

scholarly journals Fulfilment of righteousness: Historical and ontological perspective of Matthew 3:15

2014 ◽  
Vol 48 (1) ◽  
Author(s):  
Paul R. McCuistion ◽  
Colin Warner ◽  
Francois P. Viljoen
Keyword(s):  
Historical Event ◽  
Christian Tradition ◽  
Church Fathers ◽  
The Third ◽  
Hebrew Scriptures ◽  
The Law ◽  
Relationship Of ◽  
The Relationship ◽  
The Church

This article maintained that the historicity of Jesus’ baptism was intended to flesh out the righteousness of God that was well-documented in the Hebrew Scriptures. Furthermore, the historical event initiated the ontological emphasis on the relationship of baptism to righteousness. To support this proposal, this article focused on Matthew’s fulfilment statement in Matthew 3:15. Looking specifically at this verse within its context, the article examines what Matthew may have intended for his community to grasp regarding the Christian tradition of righteousness. The article is divided into four sections that are intended to examine Matthew’s intentions. Firstly, the immediate context is examined, showing the influences and setting for the fulfilment statement. The following section explores the fulfilment statement within this context. The third section uncovers some of the theological traditions in Paul and the church fathers. Finally, the baptismal statement of Matthew 3:15 will be tied directly to the relationship of the law and righteousness in Matthew’s ἦλθον statement of Matthew 5:17. Hierdie artikel betoog dat die historiese waarheid van Jesus se doop bedoel was om die geregtigheid van God, wat volledig uiteengesit is in die Hebreeuse Bybel, te versterk. Verder het die historiese gebeurtenis die ontologiese klem op die verhouding van die doop tot geregtigheid geïnisieer. Om hierdie voorstel te ondersteun, fokus hierdie artikel op Matteus se verklaring van verwesenliking (Mat 3:15). Deur spesifiek na hierdie vers binne sy konteks te kyk, ondersoek die artikel wat Matteus moontlik beplan het sodat sy gemeenskap die Christelike tradisie van geregtigheid kon begryp. Die artikel is in vier afdelings verdeel om sodoende Matteus se bedoelings te ondersoek. Eerstens word die onmiddellike konteks ondersoek wat die invloede en agtergrond van die verklaring van die verwesenliking uitwys. In die volgende afdeling word die verklaring van die verwesenliking in hierdie konteks verken. In die derde afdeling word ’n paar van die teologiese tradisies van Paulus en die kerkvaders aan die lig gebring. Ten slotte is die doopverklaring van Matteus 3:15 regstreeks aan die verhouding van reg en geregtigheid in Mattheus se ἦλθον verklaring van Matteus 5:17 gekoppel.

Moses and the Magistrate: a Study in the rise of Protestant Legalism

1975 ◽  
Vol 26 (2) ◽  
pp. 149-172 ◽  
Author(s):  
P. D. L. Avis
Keyword(s):  
Sixteenth Century ◽  
Old Testament ◽  
Natural Law ◽  
The Bible ◽  
The Reformation ◽  
The Law ◽  
Civil Laws ◽  
The Church

‘It is now disputed at every table’, declared Whitgift in 1574, ‘whether the magistrate be of necessity bound to the judicials of Moses’. Edwin Sandys told Bullinger of Zürich in the previous year that it was being maintained, to the great trouble of the Church, that ‘The judicial laws of Moses are binding upon Christian princes, and they ought not in the slightest degree to depart from them’. Though often neglected by historians as an important factor in the Reformation, the question of the validity of the Old Testament judicial (as opposed to moral or ceremonial) law frequently arises in the writings of the Reformers, and their various answers made no slight impact on the course of events. It bears directly on Henry VIII's divorce and the bigamy of Philip of Hesse; the treatment of heresy and the possibility of toleration; the persecution of witches; usury and iconoclasm; Sabbatarianism and the rise of the ‘puritan’ view of the Bible as a book of precedents, and the corresponding shift to legalism in Protestant theology. The question is also of fundamental relevance to the thought of the Reformers on natural law, the godly prince and magistrate, and the so-called ‘third use of the law’. This article is an attempt to survey, up to the end of the sixteenth century, the various interpretations of the Mosaic penal and civil laws, with particular reference to the development of legalistic tendencies after Luther.

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