Debatten Om Civilprocessrättens Plats Som Offentlig Rätt Eller Privaträtt I Det Juridiska Systemet. Ett Rättshistoriskt Perspektiv På Den Juridiska Systematiseringens Förutsättningar (The 19th Century Debate Regarding Civil Litigation and its Place within the Legal System. A Legal Historical Perspective on the Task of Legal Science)

2018 ◽  
Author(s):  
Adam Croon
2009 ◽  
Vol 42 (S 01) ◽  
pp. S4-S8
Author(s):  
S. Bhattacharya ◽  
V. Khanna ◽  
R. Kohli

ABSTRACTThe earliest documented history of cleft lip is based on a combination of religion, superstition, invention and charlatanism. While Greeks ignored their existence, Spartans and Romans would kill these children as they were considered to harbour evil spirits. When saner senses prevailed Fabricius ab Aquapendente (1537–1619) was the first to suggest the embryological basis of these clefts. The knowledge of cleft lip and the surgical correction received a big boost during the period between the Renaissance and the 19th century with the publication of Pierre Franco's Petit Traité and Traité des Hernies in which he described the condition as “lièvre fendu de nativitè” (cleft lip present from birth). The first documented Cleft lip surgery is from China in 390 BC in an 18 year old would be soldier, Wey Young-Chi. Albucasis of Arabia and his fellow surgeons used the cautery instead of the scalpel and Yperman in 1854 recommended scarifying the margins with a scalpel before suturing them with a triangular needle dipped in wax. The repair was reinforced by passing a long needle through the two sides of the lip and fixing the shaft of the needle with a figure-of-eight thread over the lip. Germanicus Mirault can be credited to be the originator of the triangular flap which was later modified by C.W. Tennison in 1952 and Peter Randall in 1959. In the late 50s, Ralph Millard gave us his legendary ‘cut as you go’ technique. The protruding premaxilla of a bilateral cleft lip too has seen many changes throughout the ages OE from being discarded totally to being pushed back by wedge resection of vomer to finally being left to the orthodontists.


Author(s):  
Anvar Ajratovich Gafarov ◽  
Mariam Arslanovna Galeeva

Starting from the middle of the 16-th century, during the foreign policy expansion increase, the ethno-confessional diversity of the Russian state was steadily increasing. The imperial policy aimed at assimilating non-Russian peoples sharply raised the issue of their identity preservation. For domestic Muslims, an important factor in cultural and confessional identity provision was the preservation and development of their traditional ties with the Islamic world. Various political, economic, cultural, and other contacts maintained with the countries of the Muslim East have become the basis for the stability of the Muslim community in Russia under imperial pressure. In this system, a special role was originally played by the Hajj (Muslim pilgrimage to the holy places in the Hejaz), which the official administration had to reckon with. The aim of the proposed study is to identify socio-political aspects, socio-political conditions, and the specifics of the Hajj implementation in the 19th century. After the analysis of office documentation, travel notes of Muslim pilgrims, and expert assessments of orientalists, the authors concluded that, despite the increasing opposition from the authorities, the significance of the Hajj intensifies in the 19th century. Hajj became not only the factor of opposition to imperial acculturation, but also a channel for presentation the ideas of renewal.


Author(s):  
Jesús Romero ◽  
Marta Estellés

Citizenship education has received increasing attention in recent decades. After its inclusion in the agenda of international organizations and European institutions, many studies and academic debates have taken place. Despite their undoubted merits, a significant portion of that literature has not sufficiently discussed its starting presuppositions. It has often introduced citizenship education as if it were a novelty. That presentism has had a dangerous effect: the ease with which some ways of thinking and talking about citizenship education have been naturalized. Precisely for that reason, a historical perspective is essential: It helps us distance ourselves from our own frame of reference to question what is usually taken for granted by analyzing the changes in the tacit knowledge systems. In this chapter, the authors try to illustrate this by examining the main tendencies that have introduced citizenship education in national curricula during the two key cycles of socio-institutional restructuring experienced by Western countries since the end of the 19th century.


The current insolvency legislation is the result of a long and cumbersome evolution. It was approved on 7 July 2003 (Ley 22/2003, the Insolvency Act 2003 (‘IA’)) and came into force on 1 September 2004, putting an end to one of the most embarrassing situations that the Spanish legal system has ever had to endure: coming into the 21st century with an insolvency legislation dating back to the beginning of the 19th century. The previous insolvency system was composed of as many as five different legal instruments: the Commercial Codes (Codigo de Comercio) of 1885 and 1829 (only partially in force) and the Law on Suspension of Payments of 1922 (Ley de Suspension de Pagos), which regulated some procedural aspects and all material aspects of commercial insolvency; the Civil Code of 1889, which regulated the insolvency of the general—non-commercial—debtor; and the Civil Procedural Law, dating from 1881 (Ley de Enjuiciamiento civil ). It can then be said that the insolvency of a large business in a developed European economy (the fifth largest in the EU) had to be solved with laws that dated from two centuries before. The reform has been a relief and it has greatly modernised Spain’s economic legal legal framework. However, this process was neither easy nor did it produce a fully satisfactory result.


Author(s):  
Sören Koch

The paper focuses on the reasons for and effects of the establishment of appellate courts in Norway. Based on the assumption that the introduction of an appellate system was caused by – and at the same time produced – expectations of law, the author reconstructs central features of the Norwegian legal order and its surrounding legal culture. By especially looking at the crucial role of the legal office of the lawman (lagmann), both in the development of the judicature in general and especially in the courts of appeal, the legacy of the medieval popular assembly (þing / ting) is traced back to its historical roots. The author identifies a close relationship between the increasing influence of state power, the demand for an effective judiciary and prevailing ideals of justice. The result was a not always intended but continuous professionalisation of the judges until the 19th century. The introduction of a jury – consisting of lay judges – appears on this background as aberration. However, as expectations on law had changed, the participation of lay judges had become a political desire in Norway from approximately 1830. To support this political claim the judiciary was restructured by applying a deeply unhistorical perception of the judiciary’s historical roots. Due to contradicting political tendencies it took about 60 years to finally establish the jury-system. Despite the fact that the institution of the jury was constantly criticized by legal scientists and legal practitioners alike and despite losing its political backing already decades ago, it still continues to exist. Obviously, the romantic notion of folks-courts still has not lost its attraction jet. The paper demonstrates that this notion is – seen from a historical perspective – unsustainable.



2020 ◽  
Vol 30 (1-2) ◽  
pp. 139-171
Author(s):  
Richard VanNess Simmons

Abstract Three contemporaneous descriptions of Guānhuà from the beginning of the 19th century collectively provide a rich and evocative representation that contains a trove of details regarding the nature of that koine and its relationship to Mandarin and local dialects in the urban linguistic milieu of the late Qīng. The descriptions are those of Gāo Jìngtíng (fl. 1800–1810), Lǐ Rǔzhēn (c. 1763–1830), and Robert Morrison (1782–1834). We find that all three note the existence of two forms of Guānhuà, a northern type, and a southern type. The three authors all present a mix of northern and southern types in their descriptions, though each also gives greater prominence to the southern type. This southern type has a close connection to the southern Jiāng-Huái Mandarin dialects, and takes the dialect of Nánjīng as a primary representative. In overall perspective, these three authors’ descriptions also reveal there was widespread acceptance of, and social accommodation for, linguistic diversity in Qīng China, within which Guānhuà served as the lingua franca that promoted easy communication across China’s vast territory.


Author(s):  
Efstathios E. Michaelides

Energy and momentum exchange between spherical particles and a fluid is a fundamental problem that has excited the intellectual curiosity of many scientists for more than two centuries. The development of the energy equation of spherical particles in a fluid can be traced back to the work of Laplace and Fourier that appeared early in the 19th century. It is now little known that Peclet formulated the no-slip condition at a solid boundary, by observing the transfer of heat, approximately ten years before the concept of viscosity was conceived. Towards the middle of the 19th century Poison derived the hydrodynamic force on a sphere in an inviscid fluid and a few years later, Stokes formulated what is now known “the Stokes drag” for the steady-state hydrodynamic force acting on a spherical particle in a viscous fluid. Boussinesq and Basset developed a form for the transient equation of motion of the particles with very low inertia towards the end of the 19th century. The mathematical advances of the early 20th century are reflected in developments in mechanics and on the equation of motion of particles. Oseen and Faxen used asymptotic methods to derive improved our knowledge on the behavior of particles with inertia and in close proximity to boundaries. Experimentation contributed very useful correlations on the hydrodynamic force and the heat transfer from particles. The experimentally derived data helped also in the development of semiempirical equations for the transient hydrodynamic force. Regular and singular perturbation methods have been used more recently to derive expressions for the transient hydrodynamic force and the heat transfer from particles during time-dependent processes, both under creeping flow conditions and at low Reynolds or Peclet numbers. The recent advances on computational methods and the exponential increase in computer power enable us to simulate the motion and energy exchange of groups of particles and complex particle interactions. This presentation gives a historical perspective on the development of our knowledge on particle motion and heat transfer inside a viscous or conducting fluid. Emphasis is given on the exposition of the lesser-known works of the 19th century that have placed the foundation for many concepts and methods that are still used today. The presentation concludes with the most recent contributions of the numerical studies and a short exposition of the voids in our knowledge on energy and momentum exchange processes between particles and a fluid.


2009 ◽  
Vol 10 (9) ◽  
pp. 1274-1276
Author(s):  
Michael Pawlik

The term “inquisition” has had bad press for a long time. Comparably bad is the reputation of the inquisitorial system, a judicial model that dominated German criminal law enforcement until the beginning of the 19th century. A distinctive feature of inquisitorial proceedings is the eminently strong position of the inquisitor who unifies the functions of an investigator, a prosecutor, and a judge in one and the same person. Although the codes of criminal procedure in the German states – which in 1871 formed the Kaiserreich (German Empire of 1871-1918)– included detailed rules of evidence to prevent arbitrary investigations, at the beginning of the 19th century it was a common opinion that these control mechanisms were practically insufficient and that the inquisitorial system ought to be replaced by a judicial model, which would guarantee more effective protection of the defendant against unjustified conviction.


2020 ◽  
pp. medhum-2019-011827
Author(s):  
Jonathan Franklin

Systems for improving public health and organisations for providing national education were two of the great reforming achievements of 19th-century Britain. Despite the overlapping personnel and historical contemporaneity, scholars have rarely considered the two projects in tandem. This essay shows that developments in public health were at the heart of two foundational moments in the rise of 19th-century mass schooling. The originators of the monitorial system, a method of peer-educating working-class children cheaply that dominated British mass schooling at the turn of the 19th century, were deeply invested in the origin and spread of vaccination. Similarly, the first state teacher training system was conceived by a medical doctor in the 1830s, who first rose to prominence investigating cholera in Manchester earlier in the decade. Using archives of school providers, training institutions and the educational state apparatus, I show that medical prophylactic interventions of vaccination and sanitary reform helped galvanise the government into educational reform, by imagining the working class as pathological and providing templates for their palliation. By showing that the roots of the modern school system were deeply imbricated in attempts to combat smallpox and cholera, both in form and in epistemology, this paper argue that critical medical humanists should consider the role of epidemiological thinking in institutions and disciplines which seem, on first sight, removed from the clinic and the lab.


2020 ◽  
Vol 17 (4) ◽  
pp. 69-77
Author(s):  
Józef Koredczuk

August Heylman is one of the forgotten lawyers of the Kingdom of Poland in the 19th century. He was a practician, holding high positions in the then administration and judiciary of the Kingdom. At the same time he occupied himself with scholarly activity. He was one of the main advocates of the historical school of law in the Polish legal science in the 19th century as well as a co-creator of one of the best-known Polish scientific journals edited under the title Themis Polska.


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