Common Lawà l'americaine

1966 ◽  
Vol 1 (4) ◽  
pp. 562-579 ◽  
Author(s):  
A. M. Apelbom
Keyword(s):  
Common Law ◽  
The Other ◽  
British Occupation ◽  
Other Hand ◽  
Two Generations ◽  
The Common ◽  
English Law ◽  
Considerable Body ◽  
Clear Line

Eighteen years after attaining independence Israel remains essentially a common law country. Introduced by the British Mandatory administration to supplement the Ottoman legislation in force at the time of the British occupation of Palestine, the common law has been retained by the Israeli legislator, so far as not modified or replaced by local legislation. But this common law, far from being residual only, also embraces a considerable body of interstitial law developed by two generations of judges, British, Palestinian and Israeli, in the process of applying and interpreting statute law—whether Ottoman, Mandatory or Israeli—according to common law methods. On the other hand the importation of common law institutions was neither wholesale nor systematic and in a number of fields no clear line of demarcation can be drawn between domestic and English law.

to read the accounts and, had he done so, he would probably have discovered the extent of the defendant’s misrepresentation. It was held, nonetheless, that the plaintiff had relied on the false statement and was therefore entitled to rescission of the contract. If Redgrave v Hurd was decided today, it might be necessary to reconsider whether the court was correct in reaching this conclusion. It is clear that the common law counterpart of a misrepresentation, namely the negligent misstatement, requires reasonableness of reliance. At the very least, this issue should be ‘centre stage’ today. How would it be resolved? Policy dictates that if the misrepresentation is fraudulent an opportunity of inspection (spurned or taken) should not bar reliance on the misrepresentation. To hold otherwise would be a green light for the more effective ‘con artist’! If, on the other hand, the misrepresentation is wholly innocent (particularly if greater expertise resides in the representee) reliance may not be reasonable. As regards negligent misrepresentation, the policy to be adopted is not clear; perhaps the answer lies in the respective skill and knowledge of the parties, particularly as it has now been recognised that at least for the purposes of an action under s2(1) of the Misrepresentation Act 1967, apportionment of damages for contributory negligence is a possibility.

1995 ◽  
pp. 233-233
Keyword(s):  
Common Law ◽  
Green Light ◽  
The Other ◽  
False Statement ◽  
Other Hand ◽  
Contributory Negligence ◽  
The Common ◽  
Con Artist

scholarly journals An Investigation into the Rule of Action in the Penal System

2016 ◽  
Vol 9 (2) ◽  
pp. 96
Author(s):  
Sahar Zadnahal ◽  
Iraj Goldozian
Keyword(s):  
Criminal Law ◽  
Common Law ◽  
The Other ◽  
Penal System ◽  
Legal Systems ◽  
Criminal Proceedings ◽  
Injured Person ◽  
Other Hand ◽  
The Common ◽  
Research Studies

<p>According to definite jurisprudential principles and rules, when a person acts against himself and accepts the incurrence of damage, he will be deprived of all or some part of the claim for compensation. The rule of action constitutes the basis of this lack of benefit in Islamic and Iran’s law, while the principles of consent and participation in the fault underlie it in the common law. Studying research studies conducted in relation to the rule of action in Iran and Britain’s law it could be argued that the rule of action is among the cases discussed in criminal law and on the issue of causality in punishment. On the other hand, in criminal proceedings, in Iranian and British legal systems, this issue has been mostly discussed regarding the aspects of imposing damage and calculation of costs thereof. Therefore, if someone is acting to the detriment of himself and is causing damage to himself, in addition to the issue of liability removal, in which the accused may be acquitted from his responsibility, there is no need for the accused person to pay compensation to the injured person.</p>

The Devil's Daughter of Hell Fire: Anger's Role in Medieval English Felony Cases

2016 ◽  
Vol 35 (1) ◽  
pp. 155-200 ◽  
Author(s):  
Elizabeth Papp Kamali
Keyword(s):  
Cultural Context ◽  
Methodological Approach ◽  
Common Law ◽  
The Other ◽  
Other Hand ◽  
Legal Texts ◽  
Different Types ◽  
Sorting Process ◽  
The Common ◽  
The One

During the period at issue in this paper–the thirteenth and fourteenth centuries, when trial juries were first employed in English felony cases–felonious homicide was a catch-all category, with no formal distinction drawn between murder and manslaughter. Nevertheless, juries did distinguish among different types of homicide as they sorted the guilty from the innocent, and the irremediably guilty from those worthy of pardon. Anger was one of the factors that informed this sorting process. This paper builds upon an earlier analysis of the meaning of felony, which posited that the medieval paradigm of felony was an act that involved deliberation and forethought, an exercise of a person's reasoning capacity and volition in the absence of necessity, and moral blameworthiness. Anger complicates this scenario. On the one hand, anger was seen to be a product of an ill-formed conscience. This potentially placed anger within the felonious area of moral blameworthiness. On the other hand, anger in its more extreme manifestations was seen to inhibit a person's ability to reason and to inspire behavior resembling insanity, thereby possibly pointing toward a partial excuse. This paper takes a fresh methodological approach for the study of emotion in the common law, placing legal texts within a broader cultural context in order to illuminate the concerns and priorities of jurors.

The Rubicon of Language

2018 ◽  
Author(s):  
Sebastian Lecourt
Keyword(s):  
The Other ◽  
Racial Identities ◽  
Other Hand ◽  
Max Müller ◽  
The Common ◽  
Human Capacity ◽  
The One ◽  
Religious Differences

This chapter considers a series of formative debates in British anthropology from the 1840s through the 1860s and uses them to map out the two dominant constructions of religion whose politics the subsequent authors in this study would reinvent. It describes, on the one hand, a liberal and evangelical construction of religion as the common human capacity for spiritual cultivation, and on the other hand a conservative, reactionary model that interpreted religious differences as the expressions of fixed racial identities that neither civilization nor Christianization could erase. In the work of the Oxford philologist F. Max Müller we see how the former model tended to associate religion above all with language. But we can also see the subtle forms of determinism that it contained—an ambiguity that Arnold, Pater, Eliot, and Lang would explore by picturing racialized religion as a resource for liberal self-cultivation.

Nature Versus the Common Law

2021 ◽  
Author(s):  
David B. Schorr
Keyword(s):  
Common Law ◽  
Local Environment ◽  
Water Law ◽  
Public Ownership ◽  
Normative Force ◽  
The Common ◽  
English Law

This article recovers a debate, played out over the course of a century, in courts across the « common law world », over whether nature had normative force in water law. It explores areas of water law, such as the extent of public ownership in rivers and the effects of shifting watercourses on ownership, in which some courts, not without controversy, departed from the established rules of English law in order to make rules more appropriate, as they saw it, to the local environment.

scholarly journals On Apogamy and the development of Sporangia upon fern prothalli

1898 ◽  
Vol 63 (389-400) ◽  
pp. 56-61
Keyword(s):  
Life History ◽  
Point Of View ◽  
The Other ◽  
Normal Life ◽  
Other Hand ◽  
General Importance ◽  
Two Generations ◽  
History Of ◽  
Alternation Of Generations

The two most important deviations from the normal life-history of ferns, apogamy and apospory, are of interest in themselves, but acquire a more general importance from the possibility that their study may throw light on the nature of alternation of generations in archegoniate plants. They have been considered from this point of view Pringsheim, and by those who, following him, regard the two generations as homologous with one another in the sense that the sporophyte arose by the gradual modification of individuals originally resemblin the sexual plant. Celakovsky and Bower, on the other hand, maintaint the view tha t the sporophyte, as an interpolated stage in the life-history arising by elaboration of the zygote, a few thallophytes.

scholarly journals THE PROBLEM OF THE NON-JUSTICIABILITY OF RELIGIOUS DEFAMATIONS

2015 ◽  
Vol 27 ◽  
pp. 241-257 ◽  
Author(s):  
Peter Smith
Keyword(s):  
Catholic Church ◽  
Common Law ◽  
The State ◽  
Modern Times ◽  
Civil Case ◽  
Magna Carta ◽  
The Common ◽  
English Law

English law has long held the principle that religions should be free from interference by the state in certain matters. The original 1215 edition of the Magna Carta proclaimed, as its first article, ‘THAT WE HAVE GRANTED TO GOD, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired.’This article was intended to protect the established Catholic Church from the powers of the state, specifically from interference in church elections by the executive in the form of the person of the monarch. The notion that religions were institutions with practices and beliefs that were outside the control of the state in certain respects was adopted by the common law and is found in modern times in the principle of non-justiciability on the matter of religion in certain types of civil case. 

scholarly journals The Impact of Human Capital on Stocks Performance in Emerging Markets: Evidence From Egypt

2020 ◽  
Vol 10 (1) ◽  
pp. 73
Author(s):  
Walid Abouzeid ◽  
Sharihan Mohamed Aly
Keyword(s):  
Human Capital ◽  
Emerging Markets ◽  
Banking Sector ◽  
The Other ◽  
Common Stock ◽  
General Tendency ◽  
Other Hand ◽  
The Common ◽  
The Impact ◽  
Statistical Results

This study attempts to investigate the impact of human capital on the common stock's return. The population of the study is Egyptian companies listed at the Egyptian exchange (EGX) due to 2014-2018. The statistical results indicate that there is a general tendency to change common stock's hold return to the corporation's human capital, and it is significant at 0.01 levels. In other terms, it can be stated that the corporation's human capital has a significant impact on common stock's hold return in the Egyptian corporation, and according to Adjusted R-squared the corporation's human capital explain a 57.8% from the change common stock's hold return.so; led to the impact of human capital on creating value of common stock. This can be traced back to investing in "the development and researches" on the other hand besides training, therefore medicine and technology companies get affected through these fields of development researches areas; however companies in industrial and banking sector get impacted by training field.

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