scholarly journals The Star Chamber under the early Tudors

1916 ◽  
Author(s):  
◽  
Edwin Terrence Kelley

Text taken from Chapter 1: The Court of Star Chamber is no exception to the rule that most of the interesting and important developments of the English Constitution have evolved from the one great institution, the King's Council or the Privy Council. The theory of the origin of the Star Chamber is simple and much less baffling than the facts of its beginning, which are hard to discover and more difficult still to interpret. The King's Council was powerful and dominating largely because it combined executive, legislative and judicial powers . In connection with the present subject, its judicial functions are of special importance. From the beginning of English constitutional development, the king, or more particularly, the king in council, was recognized as the ultimate source of justice. It was within the province of the king's authority to over rule the decisions of the courts of first instance if, in his judgment, the decree or sentence of the court was unjust. Likewise, he bad the power to redress grievances which could not for any reason be settled in the common law courts. The object of this thesis is to show by an examination of the records how the court originated and to point out its position, scope of activity and importance under the Tudors from 1485 to 1547. The Court of Star Chamber has been much misunderstood in the past. It has been generally condemned largely, it must be admitted, upon sentimental grounds and not on ths basis of scientific investigation. Most of the odium attaching to the Star Chamber is the result of Stuart misuse of its powers and not of the Tudor practices. An attempt will be made to show that the court, at least so far as the early Tudors are concerned, served a useful purpose and does not deserve the condemnation due to the confusion with Stuart tyranny and the employment of the court as a political agent of royal despotism.

Author(s):  
Piero Ignazi

Chapter 1 introduces the long and difficult process of the theoretical legitimation of the political party as such. The analysis of the meaning and acceptance of ‘parties’ as tools of expressing contrasting visions moves forward from ancient Greece and Rome where (democratic) politics had first become a matter of speculation and practice, and ends up with the first cautious acceptance of parties by eighteenth-century British thinkers. The chapter explores how parties or factions have been constantly considered tools of division of the ‘common wealth’ and the ‘good society’. The holist and monist vision of a harmonious and compounded society, stigmatized parties and factions as an ultimate danger for the political community. Only when a new way of thinking, that is liberalism, emerged, was room for the acceptance of parties set.


2021 ◽  
Vol 42 (1) ◽  
Author(s):  
Vlasta Jalušič

Reinhard Koselleck has long been regarded as a particularly eminent theorist of socio-political concepts, while Hannah Arendt had not been in focus as a conceptual author until recent times. This article explores the common thinking space between Arendt and Koselleck through their thesis about the gap, rupture, crisis, or break in the tradition of political thinking and historical periods and how this is linked to their notion of conceptuality, i.e. Begreifen (understanding). Despite the impression that each of them focused on the one main break between the past and the future, Arendt and Koselleck both studied multiple breaks and crises in the Western political tradition. The article attempts to show how their distinctive thinking and rethinking of political concepts (Begreifen) are related to these breaks through several direct and indirect encounters and how these are both close and apart at the same time. While they have different concepts of politics and the political, their understanding of the breaks in time and crises can be read as complementary, especially considering their concern with returning the responsibility for actions and concepts to the human sphere.


2021 ◽  
Vol 138 (2) ◽  
pp. 369-398
Author(s):  
Emile Zitzke

For a wrongdoer to have ‘capacity for fault’ in the South African law of delict, it is widely accepted that the wrongdoer must possess the ability to distinguish between right and wrong (cognition) and the ability to act in accordance with that appreciation (conation). One factor that affects a person’s capacity for fault is youthfulness. There are two schools of thought on age-related capacity for fault in the South African law of delict. On the one hand, Van der Walt & Midgley are of the view that the common law stipulates the rules regulating this issue. In terms of this paradigm, the minimum age for capacity for fault is seven years. On the other hand, Neethling & Potgieter were, until very recently, of the view that the Child Justice Act should apply to the determination of a child’s capacity for fault. At the time of Neethling & Potgieter’s earlier writing, the minimum age for capacity for fault under the Act was ten years. Since June 2020, this age has been raised to twelve. In this article, the tension between these two schools of thought is analysed, and an attempt is made to resolve the tension through a proposal for a transformative, constitutional development of the common law of delict.


1958 ◽  
Vol 15 ◽  
pp. 1-8 ◽  
Author(s):  
Raymond H. Thompson

It seems to have become the custom for the author of a paper on archaeological methodology to provide his readers with a review of the theoretical trends of the discipline. The general outline of these trends must by now be the common property of all literate anthropologists. do not consider it improper, therefore, to refrain from repeating a summary of them here. Much more important to this study of the nature of archaeological inference is a statement of the present aims of the discipline and the role which inference is expected to play in achieving these aims.Phillips and Willey (1953: 616) succinctly describe the proper ends of archaeological research:The ultimate objective of archeology is the creation of an image of life within the limits of the residue that is available from the past. The procedural objectives toward such a goal may be dichotomized into reconstructions of space-time relationships, on the one hand, and contextual relationships on the other.


Author(s):  
I. Zvyagel'skaya ◽  
T. Tyukaeva

The Palestinian issue remains one of the most persistent and intractable contemporary conflicts. While it retains its special importance for regional players, new conflicts and challenges, along with the changing regional balance of power, have gradually pushed the Palestinian issue into the background on the common Arab agenda. Under these circumstances, the problem has been undergoing transformation, with controversial implications. On the one hand, the struggle of Palestinians for their political rights and for improving their socio-economic conditions comes to the forefront of the Palestinian internal political agenda. There are emerging trends of horizontal social mobilization while the legitimacy of the Palestinian leadership is declining. On the other hand, the absence of positive developments contributes to the increased potential for radicalization and enhances probability of new military clashes.


Author(s):  
Richard Jones-Bamman

This chapter and the one that follows (Chapter Five) draw on interviews with twenty-two banjo makers in the United States and Canada to explore the issues facing these individuals who strive to maintain their preferred connections with the old-time music community without losing sight of the artistic and personal motivations that drew them into this undertaking initially. Chapter Four is focused on those who create instruments most closely adhering to the common expectations of old-time banjo players, factors that include certain structural and design features as well as playability and tone production. What unites all of those in this chapter is the influence of the past on their own efforts, but how this is defined is quite different from one person to the next. For some, this means replicating existing instruments from a specific era or locale, and involves learning techniques that long ago passed from common practice. For others, the past is purely inspirational, providing ideas to be expanded upon and subject to new interpretation. The chapter concludes with a consideration of tone production, how this has changed in recent decades, and how banjo builders approach what is clearly a highly subjective topic. The builders profiled here include Kevin Enoch, Chuck Waldman, Wayne Sagmoen, Kevin Fore, Jason and Pharis Romero, Greg Galbreath and Brooks Masten.


2020 ◽  
pp. 217-226
Author(s):  
Yuri Denisov ◽  

The image of the Second world war is one of the most significant images of the past for the European identity. The purpose of this study is to analyze its potential for the formation of the modern European identity as a supranational construct. The results of the study showed the ambivalent nature of this potential. On the one hand, the image of the Second world war retains a sufficiently powerful unifying impulse. It is determined by the uniting role of the colossal tragedy, the common misfortune that befell Europe in the middle of the past century, its integrational significance for the beginning of joint efforts to build a single European community in order to prevent the recurrence of these events. Today, this momentum is realized through the preservation of European memory, the institutionalization of anniversaries, the broadcast of the memory of the war in the process of intergenerational communication in the functioning of the institutions of education and cultural environment as a whole, the articulation of traumatic memories in the political discourse. On the other hand, the image of World War Two has a serious deconsolidating charge for the common European identity. It is caused by contradictions in the European collective memory, which are more and more clearly manifested in the conditions of modern political conjuncture. The new technological revolution that has engulfed Europe, accompanied by a steady shift of communication practices into cyberspace and the emergence of the phenomenon of cyber-memory, changes the mechanisms of representation and reception of the image of the Second World War. In the presence of the Global Network, we observe a steady increase of not only the arsenal of means for the representation and visualization of the image of the past, making it more interactive, multimodal, multifaceted and simplified, but also of the number of actors of memory politics, taking part in the formation of the European identity, or rather — an unlimited set of identities.


2013 ◽  
pp. 59-63
Author(s):  
Erika Zakar ◽  
Edit Zajácz ◽  
Tímea Rácz ◽  
János Oláh ◽  
András Jávor ◽  
...  

The honey bees are essential for the pollination of agricultural plants. The Pannonian honey bee, Apis mellifera pannonica, is native to Hungary, only these subspecies are being bread in our country. The parameters have been separated the pannon and italian honey bee subspecies, the colour of tergit, the cubital index and proboscis length. The morphometric analisys is of special importance because this, on the one hand, shows correlation with honey bee production and on the other hand, the pure morphometric charactersitics is the basis of any potential honey bee export. Mitochondrial DNA and microsatellites are the common methods to define genetic diversity and the separation of subspecies.


Author(s):  
Goran Popović

The methods, used in the 19th and 20th centuries, that the research on ancient communications in the Roman province of Dalmatia was based on, differ from those used by present researchers. To better understand the research performed in the past, it is necessary to determine and analyze the methods on which those studies were based. All the methods used in the past are referred to by the common name – traditional methods. On the contrary, currently used methods, which result from the technological development in the 21st century, are called modern methods. Combining traditional and modern methods, one model was offered, the one that can apply to all new studies about Roman communication in the territory of Bosnia and Herzegovina.


Author(s):  
Wenliang Zhang ◽  
Guangjian Tu

Abstract Under the auspices of the Hague Conference on Private International Law, decades of endeavours brought about the 2019 Hague Judgments Convention, being the newest achievement and a milestone. Serving the basic modern values of promoting access to justice and facilitating multilateral trade, the 2019 Convention reflects the global trend and maximizes the common grounds countries could agree to. As a historical culmination, the 2019 Convention refers to the experience of the past Hague conventions, in particular the 1971 Convention. On the one hand, the 2019 Convention duplicates the 1971 Convention in significant respects, maintaining its virtues; on the other hand, novelties are created to avoid the failures shadowing the 1971 Convention. Overall, the 2019 Convention is acceptable though it falls short of some long-lasting expectations. Recent years have seen China’s efforts to promote transboundary movement of judgments and its contribution to the arrival of the 2019 Convention. As an important global player with increasing ambition of claiming more international presence, the Convention is expected to fare well in China.


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