Deputation to the Lord Advocate in Regard to the Lunacy Law

1878 ◽  
Vol 23 (104) ◽  
pp. 611-612

On Friday, 2nd November, a deputation of asylum superintendents, members of district boards, and managers of Royal Asylums, waited on the Lord Advocate at his chambers, Edinburgh, with the view of bringing under the notice of his Lordship an omission in the Scotch lunacy law, there being no provisions at present for granting pensions to old and deserving officers in the Scotch district and parochial asylums, as in England and Ireland. The deputation consisted of Professor Balfour, Professor Maclagan, Dr. Fraser, ex-Bailie Miller, Mr. D. Scott Moncrieff, W.S., Mr. Cowan, of Beeslack, Dr. Cameron, Lochgilphead; Dr. Jamieson, Aberdeen; Dr. Anderson, Rosewell; Dr. Grierson, Melrose; Dr. Wallace, Greenock; Dr. Makintosh, Murthly; Dr. Rutherford, Lenzie; Dr. Ireland, Larbert; Dr. Clouston, Morningside; Dr. Rorie, Dundee; Dr. Howden, Montrose, &c. The deputation were introduced by Professor Maclagan, who strongly supported the views of the deputation. Dr. Mackintosh, addressing his Lordship, said—The reasons which have caused the medical and other officers of the public asylums of Scotland to come before you are, I think, fairly set forth in the petition which was placed in your Lordship's hands some months ago. I need not, therefore, refer to them in detail, but would only draw your attention to the anomalous (and at the same time, disadvantageous) conditions in which such officials are placed when contrasted with their brethren in England and Ireland. Most of us had hoped that the matter would, ere this, have been taken up by the General Board of Lunacy for Scotland, but the Board (who received a deputation last February in the most courteous manner) has no intention of moving in this or any other legislation at present. Moreover, the Commissioners thought that the best course was that now adopted—via., to bring the subject before you ourselves. The service which we have the honour to represent is as much a public service as the army and navy, or as the civil and parochial services, and perhaps it is not exceeded by any of them in the increasing attention which is necessary, or by the harassing nature of the duties. It therefore seems the more reasonable (besides being a simple act of justice) to place the service on a footing in regard to superannuation allowances similar to that occupied by the public asylums of England and Ireland. In urging upon your Lordship the great need for as speedy a solution of the question as possible, we do so in the knowledge that several special amendments of a similar nature have been made. Moreover, we are satisfied that the insertion of such a clause as that indicated in the petition as an amendment into the Act, will be an important day in the history of such institutions, both as regards the efficiency and stability of the staff, and the comfort of the inmates. Mr. Cowan, of Beeslack, as a member of a district lunacy board, also urged the injustice and impolicy of the present law. The Lord Advocate said that he would give the subject his most favourable consideration. It seemed a very proper matter to have been brought before him, the only question being when he could get an opportunity of introducing a clause to remedy the present defect.

1878 ◽  
Vol 23 (104) ◽  
pp. 611-612

On Friday, 2nd November, a deputation of asylum superintendents, members of district boards, and managers of Royal Asylums, waited on the Lord Advocate at his chambers, Edinburgh, with the view of bringing under the notice of his Lordship an omission in the Scotch lunacy law, there being no provisions at present for granting pensions to old and deserving officers in the Scotch district and parochial asylums, as in England and Ireland. The deputation consisted of Professor Balfour, Professor Maclagan, Dr. Fraser, ex-Bailie Miller, Mr. D. Scott Moncrieff, W.S., Mr. Cowan, of Beeslack, Dr. Cameron, Lochgilphead; Dr. Jamieson, Aberdeen; Dr. Anderson, Rosewell; Dr. Grierson, Melrose; Dr. Wallace, Greenock; Dr. Makintosh, Murthly; Dr. Rutherford, Lenzie; Dr. Ireland, Larbert; Dr. Clouston, Morningside; Dr. Rorie, Dundee; Dr. Howden, Montrose, &c. The deputation were introduced by Professor Maclagan, who strongly supported the views of the deputation. Dr. Mackintosh, addressing his Lordship, said—The reasons which have caused the medical and other officers of the public asylums of Scotland to come before you are, I think, fairly set forth in the petition which was placed in your Lordship's hands some months ago. I need not, therefore, refer to them in detail, but would only draw your attention to the anomalous (and at the same time, disadvantageous) conditions in which such officials are placed when contrasted with their brethren in England and Ireland. Most of us had hoped that the matter would, ere this, have been taken up by the General Board of Lunacy for Scotland, but the Board (who received a deputation last February in the most courteous manner) has no intention of moving in this or any other legislation at present. Moreover, the Commissioners thought that the best course was that now adopted—via., to bring the subject before you ourselves. The service which we have the honour to represent is as much a public service as the army and navy, or as the civil and parochial services, and perhaps it is not exceeded by any of them in the increasing attention which is necessary, or by the harassing nature of the duties. It therefore seems the more reasonable (besides being a simple act of justice) to place the service on a footing in regard to superannuation allowances similar to that occupied by the public asylums of England and Ireland. In urging upon your Lordship the great need for as speedy a solution of the question as possible, we do so in the knowledge that several special amendments of a similar nature have been made. Moreover, we are satisfied that the insertion of such a clause as that indicated in the petition as an amendment into the Act, will be an important day in the history of such institutions, both as regards the efficiency and stability of the staff, and the comfort of the inmates. Mr. Cowan, of Beeslack, as a member of a district lunacy board, also urged the injustice and impolicy of the present law. The Lord Advocate said that he would give the subject his most favourable consideration. It seemed a very proper matter to have been brought before him, the only question being when he could get an opportunity of introducing a clause to remedy the present defect.


2018 ◽  
Vol 2 (2) ◽  
pp. 70-79
Author(s):  
Mikhail Petrovich Kleymenov ◽  
Ivan Mikhailovich Kleymenov ◽  
Roman Vadimovich Pustovit

The subject. The central element in combating corruption is punitive practice. The whole history of mankind testifies that corruption can be restrained only by effective application of criminal punishment.The purpose of the article is to show the practice of assigning criminal punishment for cor-ruption crimes of various kinds.The description of methodology. The authors use the conception criminally-legal response. The following characteristics of the criminal-legal response are distinguished: lack of response; very weak response – the number of convicts does not exceed 10; weak response – the num-ber of convicts is calculated within a few dozen people; adequate response – the number of convicts and penalties correspond to the criminological characteristics of a group of crimes; intensive reaction – the norm is realized in conditions of the possibility of ensuring the inevi-tability of punishment; punitive response – the norm is applied on the basis of the "letter, not the spirit" of the law; reflexive response – the appointment of punishment to privileged crim-inals in conditions of increased public attention; protest reaction – judicial practice comes into conflict with ill-conceived legislative novels.The main results and scope of their application. The practice of imposing punishment for corruption crimes in the following spheres is ana-lyzed: electoral; public service; commercial-service relations; of justice.Conclusions. Punitive practice in relation to persons convicted of corruption crimes in gen-eral is characterized by exceptional humanism. As the main penalties the penalty is leading (50.1%), in the second place – suspended imprisonment (24.1%). Real deprivation of liberty applies only to the seventh part of corrupt officials (14.7%). For comparison: according to art. 158 "Theft" in 2016 was sentenced to imprisonment twice as many criminals – 30,3%. This ratio indicates an underestimation of the public danger of corruption crime and actu-ally disavows the proclaimed thesis that corruption is a systemic threat to national security.


2010 ◽  
Vol 45 (3) ◽  
pp. 669-708 ◽  
Author(s):  
C. M. NAIM

AbstractThe earliest writings of Sir Syed Ahmad Khan (1817–1898), the famous Muslim social reformer and educationist, were in the field of History, including two books on the monuments and history of Delhi that bear the same title, Asar-al-Sanadid. This paper compares the first book, published in 1847, with the second, published in 1854, to discover the author's ambitions for each. How do the two books differ from some of the earlier books of relatively similar nature in Persian and Urdu? How radically different are the two books from each other, and why? How and why were they written, and what particular audiences could the author have had in mind in each instance? How were the two books actually received by the public? And, finally, what changes do the two books reflect in the author's thinking? These are the chief questions that this paper seeks to explore.


2000 ◽  
Vol 6 (4) ◽  
pp. 347-361 ◽  
Author(s):  
Barry McMullin

In the late 1940s John von Neumann began to work on what he intended as a comprehensive “theory of [complex] automata.” He started to develop a book length manuscript on the subject in 1952. However, he put it aside in 1953, apparently due to pressure of other work. Due to his tragically early death in 1957, he was never to return to it. The draft manuscript was eventually edited, and combined for publication with some related lecture transcripts, by Burks in 1966. It is clear from the time and effort that von Neumann invested in it that he considered this to be a very significant and substantial piece of work. However, subsequent commentators (beginning even with Burks) have found it surprisingly difficult to articulate this substance. Indeed, it has since been suggested that von Neumann's results in this area either are trivial, or, at the very least, could have been achieved by much simpler means. It is an enigma. In this paper I review the history of this debate (briefly) and then present my own attempt at resolving the issue by focusing on an analysis of von Neumann's problem situation. I claim that this reveals the true depth of von Neumann's achievement and influence on the subsequent development of this field, and further that it generates a whole family of new consequent problems, which can still serve to inform—if not actually define—the field of artificial life for many years to come.


2021 ◽  
pp. 70-94
Author(s):  
Nadiia BONDARENKO-ZELINSKA ◽  
Maryna BORYSLAVSKA ◽  
Oksana TRACH

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.


1971 ◽  
Vol 5 (3) ◽  
pp. 374-387 ◽  
Author(s):  
Lewis H. Roberts

Although unnecessary assumptions are something we all try to avoid, advice on how to do so is much harder to come by than admonition. The most widely quoted dictum on the subject, often referred to by writers on philosophy as “Ockham's razor” and attributed generally to William of Ockham, states “Entia non sunt multiplicanda praeter necessitatem”. (Entities are not to be multiplied without necessity.) As pointed out in reference [I], however, the authenticity of this attribution is questionable.The same reference mentions Newton's essentially similar statement in his Principia Mathematica of 1726. Hume [3] is credited by Tribus [2c] with pointing out in 1740 that the problem of statistical inference is to find an assignment of probabilities that “uses the available information and leaves the mind unbiased with respect to what is not known.” The difficulty is that often our data are incomplete and we do not know how to create an intelligible interpretation without filling in some gaps. Assumptions, like sin, are much more easily condemned than avoided.In the author's opinion, important results have been achieved in recent years toward solving the problem of how best to utilize data that might heretofore have been regarded as inadequate. The approach taken and the relevance of this work to certain actuarial problems will now be discussed.Bias and PrejudiceOne type of unnecessary assumption lies in the supposition that a given estimator is unbiased when in fact it has a bias. We need not discuss this aspect of our subject at length here since what we might consider the scalar case of the general problem is well covered in textbooks and papers on sampling theory. Suffice it to say that an estimator is said to be biased if its expected value differs by an incalculable degree from the quantity being estimated. Such differences can arise either through faulty procedures of data collection or through use of biased mathematical formulas. It should be realized that biased formulas and procedures are not necessarily improper when their variance, when added to the bias, is sufficiently small as to yield a mean square error lower than the variance of an alternative, unbiased estimator.


2020 ◽  
Vol 65 (1) ◽  
pp. 87-101
Author(s):  
Dina I. Waked

This article proposes the use of antitrust law to reduce poverty and address inequality. It argues that the antitrust laws are sufficiently malleable to achieve such goals. The current focus of antitrust on the efficiency-only goals does not only lead to increasing inequality further but is also inconsistent with the history of antitrust. This history is presented through the lens of the public interest that emerges into the balance between private property and competition policy. Tracing the public interest at different historical moments, we get to see how it has been broad enough to encompass social welfare concerns. Over time, the public interest concern of antitrust was narrowed to exclusively cover consumer welfare and its allocative efficiency. Once we frame antitrust as public interest law, in its broadest sense, we are empowered to use it to address inequality. A proposal to do so is exposed in this article.


1996 ◽  
Vol 55 (2) ◽  
pp. 249-264
Author(s):  
J.H. Baker

“FOR who shall interest us in contingent remainders,” wrote the young Mr. Maitland in 1879, “… while Chinese metaphysics remain unexplored.” It would indeed be a daunting challenge to kindle even a bare possibility of historical interest in the nooks and crannies of Fearne's elaborate learning. Yet so much progress has been made with Chinese metaphysics since 1879 that perhaps the time has come to riska brief excursion into the history of the contingent remainder. The occasion is a chance discovery in the Public Record Office which unlocks the strange story behind one of the first leading cases on the subject.


2020 ◽  
pp. 014473942093155
Author(s):  
Chad Kinsella ◽  
Brandon Waite

One of the key goals of any academic program is to ensure that skills taught in the classroom apply to post-graduate employment. Failure to do so can impact an academic department’s recruitment and retention efforts, strain relations with alumni and damage the institution’s reputation. Using interviews conducted during a faculty externship at a high-performing municipal government, this paper identifies soft skills employers expect students to have when entering the public-sector workforce, and offers suggestions for how to best prepare students for public-sector employment in light of these findings.


2020 ◽  
Vol 25 (4) ◽  
pp. 607-621
Author(s):  
Arne Lorenz Gellrich ◽  
Erik Koenen ◽  
Stefanie Averbeck-Lietz

PurposeThe article discusses findings from a research project on the communication history of the League of Nations. It departs from the League's normative goal of “open diplomacy”, which, from an analytical standpoint, can be framed as an “epistemic project” in the sense of a non-linear and ambivalent negotiation by communication of what “open diplomacy” should and could be. The notion of the “epistemic project” serves as an analytical concept to understand this negotiation of open diplomacy across co-evolving actors' constellations from journalism, PR and diplomacy.Design/methodology/approachThe study employs a mixed-method approach, including hermeneutic document analysis of UN archival sources and collective biography/prosopography of 799 individual journalists and information officers.FindingsIt finds that the League's conceptualisations of the public sphere and open diplomacy were fluent and ambivalent. They developed in the interplay of diverse actors' collectives in Geneva. The involved roles of information officers, journalists and diplomats were permeable, heterogenous and – not least from a normative perspective – conflictive.Originality/valueThe subject remains under-researched, especially from the perspective of communication studies. The study is the first to approach it with the described research framework.


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