12. Liability For Dangerous Premises

Tort Law ◽  
2017 ◽  
Author(s):  
Jenny Steele
Keyword(s):  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines damage which arises out of dangers encountered on premises. The duties in question are owed to parties who are present on the premises, rather than to neighbouring occupiers or (for example) users of the highway, and governed by two pieces of legislation: the Occupiers’ Liability Act 1957 and the Occupiers’ Liability Act 1984. The discussion begins by considering the criteria used to determine when the occupiers’ liability acts are engaged, whose responsibility is it to guard against the risks, and the duty owed to visitors and non-visitors. The chapter then turns to defences and exclusion of liability.

Derrida Today ◽  
2013 ◽  
Vol 6 (1) ◽  
pp. 97-114 ◽  
Author(s):  
Christopher Morris

Over the past thirty years, academic debate over pornography in the discourses of feminism and cultural studies has foundered on questions of the performative and of the word's definition. In the polylogue of Droit de regards, pornography is defined as la mise en vente that is taking place in the act of exegesis in progress. (Wills's idiomatic English translation includes an ‘it’ that is absent in the French original). The definition in Droit de regards alludes to the word's etymology (writing by or about prostitutes) but leaves the referent of the ‘sale’ suspended. Pornography as la mise en vente boldly restates the necessary iterability of the sign and anticipates two of Derrida's late arguments: that there is no ‘the’ body and that performatives may be powerless. Deriving a definition of pornography from a truncated etymology exemplifies the prosthesis of origin and challenges other critical discourses to explain how pornography can be understood as anything more than ‘putting (it) up for sale’.


GEOgraphia ◽  
2018 ◽  
Vol 19 (41) ◽  
pp. 24
Author(s):  
Elson Luciano Silva Pires ◽  
Lucas Labigalini Fuini ◽  
Wilson Bento Figueiredo Filho ◽  
Eugênio Lima Mendes

A palavra governança não é nova. Ela perpassa por diversos períodos da história e assume significados específicos em determinadas épocas e países. Atualmente, o conceito de governança designa todos os procedimentos institucionais das relações de poder e das formas de gestão públicas ou privadas, tanto formais como informais, que regem a ação política dos atores. O objetivo deste artigo é problematizar os fatores explicativos das teorias institucionalistas que tratam a governança territorial como uma condição necessária para estabelecer compromissos entre os atores, com vistas ao desenvolvimento econômico, social e político das metrópoles, das cidades e seus territórios locais e regionais. Enfrentar as lacunas do debate acadêmico e coadunar os conceitos da literatura internacional referente à governança territorial, em especial a de matriz francesa, com a nacional, são um dos principais contributos deste artigo. REVISITING TERRITORIAL GOVERNANCE: INSTITUTIONAL DEVICES, INTERMEDIATE NOTIONS AND REGULATORY LEVELS Abstract The word governance is not new. It goes through different periods of history and takes specific meanings in certain times and countries. Currently, the concept of governance can be defined as institutional procedures of power relations and of public or private forms of management, which can be formal as well as informal, that govern political actions of political actors. The purpose of this article is to analyze the explanatory factors of institutionalist theories that approach territorial governance as a necessary condition to establish compromises among actors, seeking an economic, social, and political development of metropolis, cities, and their regional and local territories. One of the main contribution of this paper is to address the gaps in academic debate, and to relate national Brazilian concepts to international literature concerning territorial governance, in particular the French theoretical framework. Keywords: Institutional forms; territorial governance; modes of regulation. LA GOUVERNANCE TERRITORIALE REVISEE: DISPOSITIFS INSTITUTIONNELS, NOTIONS INTERMÉDIAIRES ET NIVEAUX DE RÉGULATION Resumé Le mot gouvernance n'est pas nouveau. Il traverse diverses périodes de l'histoire et prend des significations spécifiques à certains moments et pays. Actuellement, le concept de gouvernance désigne toutes les procédures institutionnelles de relations de pouvoir et de formes de gestion publiques ou privées, formelles ou informelles, qui régissent l'action politique des acteurs. L'objectif de cet article est de problématiser les facteurs explicatifs des théories institutionnalistes qui traitent la gouvernance territoriale comme une condition nécessaire pour établir des compromis entre les acteurs, en vue du développement économique, social et politique de la métropole, des villes et de leurs territoires locaux et régionaux. Faire face aux lacunes du débat académique en accord avec les concepts de la littérature internationale sur la gouvernance territoriale, notamment la matrice française, avec la matrice nationale, sont l'une des contributions majeures de cet article. Mots-clés: Formes institutionnelles; gouvernance territoriale; modes de régulations


Author(s):  
Maribel Guerrero ◽  
Vesna Mandakovic ◽  
Mauricio Apablaza ◽  
Veronica Arriagada

AbstractThe academic debate in migrant entrepreneurship has mainly focused on movements from emerging economies into developed economies. Anecdotal evidence has suggested that the highest impact is generated by migrants in/from emerging economies. To extend this academic discussion in the Latin-American context, this study investigates why migrants are more entrepreneurial than natives. By adopting the human capital and the institutional approach, we theorize that individual and environmental conditions produce selection/discrimination effects in the host labour market. Consequently, these effects influence migrants’ decision to become entrepreneurs. We tested our hypotheses using a sample of 13,368 adults between the ages of 18–64 based across the 16 Chilean regions. Our results showed that being a high-skilled migrant in a dynamic emerging economy is not a guarantee of success in the labour market, but it is a determinant of international and necessity-driven entrepreneurship. Several implications and a provocative discussion emerged from these findings.


2006 ◽  
Vol 2 (2) ◽  
pp. 127-142 ◽  
Author(s):  
William W. Badger ◽  
James C. Smith
Keyword(s):  

Author(s):  
Valsamis Mitsilegas

The article will examine the challenges that the establishment of the European Public Prosecutor’s Office poses for the rule of law – a question which has been underexplored in the policy and academic debate on the establishment of the EPPO, which focused largely on questions of structure and powers of the EPPO and the battle between intergovernmental and supranational visions of European prosecution. The implications of the finally adopted legal framework on the EPPO on the rule of law will be analysed primarily from the perspective of the rule of law as related to EPPO investigations and prosecutions and their consequences for affected individuals – in terms of legal certainty and foreseeability, protection from executive arbitrariness, effective judicial protection and defence rights. The article will undertake a rule of law audit of the EPPO by focusing on three key elements of its legal architecture – the competence of the EPPO, applicable law and judicial review – and the interaction between EU and national levels of investigation and prosecution that the EPPO Regulation envisages. The analysis will aim to cast light on the current rule of law deficit in a hybrid system of European prosecution located somewhere between co-operation and integration.


2021 ◽  
Vol 36 (1) ◽  
pp. 26-45
Author(s):  
Artur Skorek

Debate over the present-day meaning of the traditional political terms ‘left’ and ‘right’ has been ongoing for at least three decades. Many claim that these labels have lost their former relevance. This article offers a comparative analysis of the Israeli, Polish, and Hungarian party systems. Using qualitative content analysis, it examines party platforms and politicians’ speeches in order to assess the significance of political labels both in political narratives and academic debate. Two main research topics concerning political systems of the three countries are explored in the article: the blurring of the traditional left-right divisions and the partial adoption of an anti-establishment agenda by mainstream parties.


2021 ◽  
Vol 13 (4) ◽  
pp. 53-85
Author(s):  
Petr Mádr

This article contributes to the growing scholarship on the national application of the EU Charter of Fundamental Rights ('the Charter') by assessing what challenges national courts face when dealing with Article 51 of the Charter, which sets out the Charter's material scope of application. In keeping with this aim, the relevant case law of the Court of Justice of the EU (CJEU) – with its general formulas, abstract guidance and implementation categories – is discussed strictly from the perspective of the national judge. The article then presents the findings of a thorough study of the case law of the Czech Supreme Administrative Court (SAC) and evaluates this Court's track record when assessing the Charter's applicability. National empirical data of that kind can provide valuable input into the CJEU-centred academic debate on the Charter's scope of application.


2013 ◽  
Vol 30 (3) ◽  
pp. 39-58
Author(s):  
Tazu Islam

Maqāṣid al-Qur’ān is an emerging science that promotes an understanding of the Qur’anic discourse’s purposive (maqasidic) angle. Beginning with preliminary ideas in the fifth Islamic century, it has now achieved the status, in the eyes of many prominent contemporary Muslims, of being a specific science. Having been the subject of scholarly discussion in articles, books, television programs, seminars and conferences, this subject has created a new academic debate in the very contemporary field of Qur’anic studies. This study explores its genesis and conceptual developments over time by analyzing the root of this science as well as how it has fared at the hands of early and modern scholarship of the Qur’an. Its findings are expected to contribute to presenting this field to the public in a compact form.


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