The Heiress-at-Law: English Real Property Law from a New Point of View

1990 ◽  
Vol 8 (2) ◽  
pp. 273-296 ◽  
Author(s):  
Eileen Spring
Keyword(s):  
Thirteenth Century ◽  
Common Law ◽  
Point Of View ◽  
Property Law ◽  
Main Subject ◽  
Real Property ◽  
Long Run ◽  
The Family ◽  
The Common

By the common law rules of inheritance women in English landed society fell into two classes. Some were altogether excluded from inheriting; others were entitled to succeed to the family estate. The woman thus entitled, the heiress-at-law, is clearly a figure due historical attention. Yet she has never been singled out for long-term consideration. Where she has been the main subject, discussion has always been chronologically limited, and her history has not been carried any distance through the course of legal changes that are relevant to it. Usually she has been discussed as but part of the family, and attention has been focussed largely on eldest sons and their relations with younger children, with younger sons or with daughters not heiresses, as the case may be. To focus on the heiress and to follow her history over the long run, from the thirteenth century to the eighteenth, is the purpose of this article.

property is form of property means that what you have learnt abut property law will be of some use in this area too. Property can be divided into several different categories. There is tangible property and there is intangible: there is real property (land) and there is personal property: and there are choses in possession and choses in action. Intellectual property is a species of chose in action. It is recoverable by the owner by action. It can be owned but not possessed. However, it can be stolen: the definition of property in the Theft Act 1968 is broad enough to embrace intellectual property, though the sort of act that amounts to an infringement lacks the actus reus of theft. In fact, patents are not strictly speaking choses in action. Section 30(1) and Schedule 2 of the Patents Act 1977 reverse the common law position (see Re Heath’s Patent (1912) 56 Sol Jo 538 and Edwards and Co v Picard [1909] 2 KB 903, 905 (CA), per Vaughan Williams LJ and, on future patent rights, see Printing and Numerical Registering Co v Sampson (1875) LR 19 Eq 462) and declare that patents are not choses in action. Sir Raymond Evershed, the then Master of the Rolls, stated in 1952: ‘An English patent is a species of English property of the nature of a chose in action and peculiar in character’, British Nylon Spinners Ltd v ICI Ltd [1953] Ch 19, 26 [1952] 2 All ER 780, 783, CA, cited in the substantive hearing of the same case [1955] Ch 37, 51, [1954] 3 All ER 88, 91. See also Beecham Group plc v Gist-Brocades NV [1986] 1 WLR 51, 59, HL, per Lord Diplock. Copyright has also been expressly stated by the courts to be a chose in action. See Chaplin v Leslie Frewin (Publishers) Ltd [1966] Ch 71, [1965] 3 All ER 764, CA; Patterson Zochonis and Co Ltd v Mefarkin Packaging Ltd [1986] 3 All ER 522 (CA); Cambell Connolly & Co Ltd v Noble [1963] 1 All ER 237, [1963] 1 WLR 252. And as a leading text of its era said:

1997 ◽  
pp. 57-57
Keyword(s):  
Intellectual Property ◽  
Common Law ◽  
Property Law ◽  
Real Property ◽  
Personal Property ◽  
Patent Rights ◽  
Actus Reus ◽  
The Common ◽  
Definition Of ◽  
Vaughan Williams

scholarly journals The Oregon Donation Act of 1850 and Nineteenth Century Federal Married Women's Property Law

1984 ◽  
Vol 2 (1) ◽  
pp. 44-78
Author(s):  
Richard H. Chused
Keyword(s):  
Nineteenth Century ◽  
Public Service ◽  
Common Law ◽  
Property Law ◽  
Real Property ◽  
Personal Property ◽  
Family Economy ◽  
The Family ◽  
Education Of Women ◽  
Service Groups

Almost every state and territory adopted a married women's property act between 1835 and 1850. These acts generally exempted married women's property from attachment by creditors of their husbands, effecting a slight change in the battery of common-law coverture rules that gave husbands management of their wives' real property and ownership of their personal property. Alterations in the roles of women in the family, increases in education of women and growth in the importance of women's public service groups provided an environment sympathetic to initial reforms in married women's property law. In addition, economic panics and depressions affected the family economy, providing an incentive for adoption of rules exempting married women's property from the claims of their husbands' creditors.

scholarly journals Hyperbolastic Models from a Stochastic Differential Equation Point of View

Mathematics ◽  
2021 ◽  
Vol 9 (16) ◽  
pp. 1835
Author(s):  
Antonio Barrera ◽  
Patricia Román-Román ◽  
Francisco Torres-Ruiz
Keyword(s):  
Differential Equation ◽  
Simulated Data ◽  
Real Data ◽  
Point Of View ◽  
Likelihood Method ◽  
Numerical Resolution ◽  
The Family ◽  
The Common ◽  
Linear Differential ◽  
Mean Function

A joint and unified vision of stochastic diffusion models associated with the family of hyperbolastic curves is presented. The motivation behind this approach stems from the fact that all hyperbolastic curves verify a linear differential equation of the Malthusian type. By virtue of this, and by adding a multiplicative noise to said ordinary differential equation, a diffusion process may be associated with each curve whose mean function is said curve. The inference in the resulting processes is presented jointly, as well as the strategies developed to obtain the initial solutions necessary for the numerical resolution of the system of equations resulting from the application of the maximum likelihood method. The common perspective presented is especially useful for the implementation of the necessary procedures for fitting the models to real data. Some examples based on simulated data support the suitability of the development described in the present paper.

Bona fides and ubuntu – A response to Dale Hutchison

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 85-106
Author(s):  
J Barnard-Naudé
Keyword(s):  
South African ◽  
Common Law ◽  
Standard Form ◽  
Contract Law ◽  
Law School ◽  
Point Of View ◽  
Long Time ◽  
School Faculty ◽  
The Common ◽  
Faculty Meeting

This paper is a response to Dale Hutchison’s recent arguments about the role of fairness in contract law after the Constitution. From the point of view of transformative constitutionalism, the paper argues that the fairness ‘debate’ in the South African law of contract should be approached as what it so patently is, namely, as evidence of a deep ideological conflict that has existed in our law of contract for a very long time, and that this debate now exists within the context of a larger debate about the appropriate transformative reach of the Constitution. The argument takes the form of two ‘dangerous supplements’ to Hutchison’s discourse. The first of these supplements contends that indeterminacy is a symptom of the common law itself, rather than a result of contract law’s contact with the Constitution. The second dangerous supplement suggests a responsible judicial engagement with bona fides and ubuntu, one that can exploit the strengths of both the common law and the Constitution and that understands good faith and ubuntu to be ‘inter-linking’ constitutional values that should be enlisted in unison or at least in resonance when it comes to the question of fairness in our contemporary law of contract. In conclusion, I offer a reading of Hutchison’s own politics of contract law and contend that his is an altruistic politics committed to the standard form. I contend that this politics of contract law is consistent with a transformative understanding of the post-apartheid legal order. ‘Law, like every other cultural institution, is a place where we tell one another stories about our relationships with ourselves, one another, and authority. In this, law is no different from the Boston Globe, the CBS evening news, Mother Jones, or a law school faculty meeting. When we tell one another stories, we use languages and themes that different pieces of the culture make available to us, and that limit the stories we can tell. Since our stories influence how we imagine, as well as how we describe, our relationships, our stories also limit who we can be’.

scholarly journals The protection of environmental interests through corporate governance: A South African company law perspective

2015 ◽  
Vol 11 (2) ◽  
pp. 8-20
Author(s):  
Anthony O. Nwafor
Keyword(s):  
South Africa ◽  
Sustainable Development ◽  
Corporate Governance ◽  
South African ◽  
Common Law ◽  
Company Law ◽  
The Common ◽  
Corporate Administrators ◽  
Environmental Interests

The quest to maximize profits by corporate administrators usually leaves behind an unhealthy environment. This trend impacts negatively on long term interests of the company and retards societal sustainable development. While there are in South Africa pieces of legislation which are geared at protecting the environment, the Companies Act which is the principal legislation that regulates the operations of the company is silent on this matter. The paper argues that the common law responsibility of the directors to protect the interests of the company as presently codified by the Companies Act should be developed by the courts in South Africa, in the exercise of their powers under the Constitution, to include the interests of the environment. This would guarantee the enforcement of the environmental interests within the confines of the Companies Act as an issue of corporate governance.

scholarly journals GOOD FAITH IN FRANCHISE CONTRACT

2020 ◽  
Vol 5 (19) ◽  
pp. 118-127
Author(s):  
Nurli Yaacob ◽  
Nasri Naiimi
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Relational Contracts ◽  
Law System ◽  
Freedom Of Contract ◽  
Term Contract ◽  
The Common ◽  
Definition Of ◽  
The Right

Good faith has been defined as justice, fairness, reasonableness, decency, taking no chances, and so on. The concept of good faith has long been rooted in contract law under the jurisdiction of Civil law, although the definition of it is still debated until today. However, the view of the Common Law tradition does not recognize the concept of good faith as long as the contract is entered into with the freedom of contract and both parties abide by the terms of the contract. Given that a franchise contract involves a long-term contract and always been developed, it is impossible to define both rights and responsibilities base on express terms only. As such, the franchise contract gives the franchisor the right to exercise its discretion in executing the contract. It is in this context that the element of good faith is very important to ensure that the franchisor does not take advantage of the franchisee and that the business continues to prosper. Therefore, the objective of this article is to discuss the concept of good faith in a franchise contract. The findings show that the common law system that initially rejected the application of the concept of good faith also changed its approach and began to recognize the concept of good faith as it is very important for relational contracts such as franchise contracts.

Intellectual Property Law and Redressive Autonomy

2020 ◽  
pp. 161-186
Author(s):  
Shyamkrishna Balganesh
Keyword(s):  
Intellectual Property ◽  
Common Law ◽  
Property Law ◽  
Private Law ◽  
Intellectual Property Law ◽  
Additional Layer ◽  
The Common ◽  
Strong Commitment

Intellectual property law remains a body of private law, but for reasons that transcend its reliance on ideas and concepts from the common law of property and tort. This essay argues that the connection between forms of intellectual property law and private law is rooted in a form of autonomy that characterizes private law regimes—known as “redressive autonomy.” It shows how a strong commitment to redressive autonomy undergirds the unique right–duty structure of intellectual property, informs intellectual property’s central doctrines, and injects an additional layer of normative complexity into its functioning.

scholarly journals RELIGIOSITY IN CRIMINAL LAW: ISLAMIC PERSPECTIVE

2019 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Abdurrahman Raden Aji Haqqi
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Common Law ◽  
The Body ◽  
Religious Ritual ◽  
Belief Statement ◽  
The Family ◽  
The Holy Quran ◽  
The Common ◽  
Human Kind

The fundamental premises of Islamic law are that Allah has revealed His will for human-kind in the Holy Quran and the inspired example of the Prophet Muhammad (Peace be Upon Him), and that society's law must conform to Allah's revealed will. The scope of Islamic law is broader than the common law or civil law. In addition to core legal doctrines covering the family, wrongs, procedure, and commercial transactions, Islamic law also includes detailed rules regulating religious ritual and social etiquette. In Islam, religiosity is not asceticism in monasteries nor is it chattering from the pulpits. Instead, it is behaving in a manner that is requested from the Creator under all circumstances, places and times, in belief, statement and actions. Historically, law and religion have never been completely separated. They have never been so independent as to achieve complete autonomy from each other. Religion has essentially been embodied in legal systems, even in those that have aspired to privatize religion. Based on this fact, this paper discusses such fact i.e religiosity on specific theme of Islamic law that is criminal law which means the body of law dealing with wrongs that are punishable in Islamic law with the object of deterrence.

scholarly journals Assemblage turnovers in Mesozoic calcareous nannofossils: periodicity and distinction from the terminal Cretaceous event

1992 ◽  
Vol 6 ◽  
pp. 26-26
Author(s):  
James Bergen
Keyword(s):  
Geographic Area ◽  
Current Evidence ◽  
Calcareous Nannofossils ◽  
Low Latitude ◽  
Generic Level ◽  
The Family ◽  
The Common ◽  
Biological Extinction ◽  
Species Extinctions

Long-term cycles are evident in the stratigraphic distribution(appearances/extinctions) and dominance changes of Mesozoic calcareous nannofossils. These assemblage turnovers correspond to major episodes of biological extinction recognized in inverterbrate genera and families. The identified Mesozoic nannofossil assemblage turnovers are gradual, in contrast to the well-documented and geologically instantaneous terminal Cretaceous event. Such continuity indicates a non-catatrophic cause and suggests that these turnovers are unrelated to the terminal Cretaceous “accident”. Their timing instead corresponds to interpreted sea level trends and paleoceanographic changes in the sections studied.Current evidence is based on a limited number of sections spanning the Pliensbachian to Cenomanian, although published literature and a thorough analysis of the Cenomanian show that these turnovers can be recognized over a wide geographic area. These preliminary conclusions are based on detailed sample analyses of marine sections selected for their nannofossil content. This has eliminated any taxonomic or preservational bias and problems related to compiled literature ranges.Major dominance changes are recorded in the Pliensbachian, Bajocian, Tithonian, and Aptian. The Pliensbachian turnover is evident at the family and ordinal level, whereas the younger dominance changes occur at the generic level. A major diversification during the Pliensbachian resulted in the replacement of the Jurassic Family Crepidolithaceae by the important Jurassic placolith families. The Bajocian and Tithonian turnovers were initiated by dominance changes within the common imbricate placolith family, Ellipsagelosphaeraceae. The Tithonian turnover was most dramatic including: (1) a major diversification near the Jurassic/Cretaceous boundary; (2) the extinction of several genera; and (3) the establishment of a dominant low latitude assemblage (Nannoconus, Conusphaera, Micrantholithus). Species appearances and extinctions characterize the Cretaceous turnovers. There was an increase in species extinctions during the Hauterivian, Aptian, and Cenomanian. The Aptian also includes the extinction of the aforementioned low latitude assemblage and the subsequent diversification and radiation of more cosmopolitan floras, which continued until the end of the Albian. The highest number of nannofossil species extinctions within any Mesozoic stage (except for the terminal Cretaceous) are recorded in the Cenomanian. Although several of these species extinctions are associated with the Cenomanian/Turonian boundary anoxic event, most preceeded this event.

scholarly journals Law, Language and the Printing Press in the Reign of Charles I: Explaining the Printing of the Common Law in English

2019 ◽  
Vol 38 (2) ◽  
pp. 339-371
Author(s):  
Ian Williams
Keyword(s):  
Common Law ◽  
Printing Press ◽  
Legal Knowledge ◽  
Charles I ◽  
Professional Control ◽  
History Of ◽  
The Common ◽  
The Law ◽  
Long Term Trend

The printing press had the potential to break the common lawyers' monopoly of legal knowledge. Early-modern England witnessed debates about the desirability of wider dissemination of legal learning. Previous scholarship has identified the long-term trend to increased printing of the law in English, focusing on ideological debates between lawyers and other key actors. Only selected texts and types of material were made available to the wider public before the 1620s. From the later 1620s a wider range of material which had hitherto existed only in manuscript was printed in English. Knowledge of the common law became more commonly available. This article identifies this crucial moment and explains the change. Rather than the ideological questions which are discussed in the existing literature, more mundane causes are identified for the legal profession's reduced control over the transmission of legal knowledge: a shift to the use of English by lawyers themselves, and a loss of professional control over manuscripts. The paper therefore demonstrates an important methodological point: understanding and assessing the history of legal printing requires engagement with older methods of transmitting the law.

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