Search results for "Legal"
showing 10 items of 1867 documents
Aspectos de la revolución jurídica en el decreto de los señoríos de 1811
2001
One of the basic elements which the bourgeoisie needed to address in the process of revolution was the transformation of the landholding regime and the instruments which conditioned the social relations of production: seigneurial, and principally jurisdictional, rights. This meant two tasks: overcoming the juridical structure that underlay the feudal property regime and the creation of a new system that might regulate relationships of capitalist production. Peculiarities and doubts about the origin of the feudal property regime and seigneurial rights, and the relationship between the two, would open up a series of questions relating to their legality and legitimacy, including the right of c…
Fugitives in transit. The Spanish Republican exile through Portugal (1936-1950)
2017
Despite scant attention from historiography, Portugal played an important role as a way station on the road to exile for many Republicans during and after the Spanish Civil War. The situation in the neighbouring country was not easy for these people, as Antonio Oliveira de Salazar’s regime —officially allied with Franco’s Spain— did not recognize them as political refugees, but as illegal immigrants to be returned to Spain, which would have catastrophic consequences for many of them. Through the analysis of abundant primary sources in archives from Spain, Portugal, Mexico and the United States, we seek to understand the details of this Portuguese stage of the exile. We discover how, despite…
Gertrude Bonnin on Sexual Morality
2021
This paper examines attitudes to sexual morality held by the Yankton Dakota author and activist Gertrude Bonnin (1876–1938), better known by her penname Zitkála-Šá (Red Bird in Lakota). Bonnin’s concerns encompass several themes: the victimization of Indian women, disintegration of Native courtship rituals, sexual threats posed by peyote use, and the predatory nature of Euro-American men. This critique as a whole — in which a ‘white invasion,’ in her words, leads to a corruption of Native sexuality — sometimes produces inconsistencies, particularly regarding Bonnin’s statements on the alleged sexual perils of peyote. Her investigations into the Oklahoma guardianship scandals of the 1920s, h…
Vicarious liability for the carrier by river ?
2007
AbstractA case-study of a litigation during the years 1566–1574 between merchants from Oudenaarde and the Corporation of Free Shippers in Ghent shows that the corporation's liability for damage caused by one of its members was controversial. Although art. 20 of the ordinance of 14 February 1541 appeared to phrase the corporation's vicarious or subsidiary liability in general terms, the corporation's counsel, assisted by consultancies from a.o. E. Leoninus and J. Wamesius, successfully argued that in the light of the ordinance's rationale, which limited the free shippers' privileges in the aftermath of Charles V's punishment of Ghent in 1540, the corporation's liability had correspondingly t…
Bourgeois Women and the Question of Divorce in Finland in the Late 19th and Early 20th Centuries
2017
This article explores perceptions and actions of Finnish upper-middle-class women with regard to divorce in the late 19th century and early 20th century. Divorce was discussed in the periodicals of bourgeois women’s associations and later in Finnish Parliament, in which several leading figures of the bourgeois women’s associations were elected as members from 1907 onwards. Compared to other issues related to marriage and its legislation, divorce was not an especially important question for bourgeois women, but a tool to promote other issues. Women writers demanded drunkenness and violence as new grounds for divorce, and proposed that loveless marriages should be made possible to dissolve. M…
Dutch litigation before the Great Council of Mechlin : An additional calendar of the 'Appeals from Holland'
2009
AbstractM. Oosterbosch's additional calendar of documents belonging to the series 'Appeals from Holland' (Brussels, General Archives of the Realm, Collection Great Council of Mechlin) refers to hitherto unknown documents which may encourage fresh thematic research and case-studies on conflicts and litigation which originated mostly from Holland and Zeeland (from the 1460s until the 1580s), and to a lesser extent from Utrecht and (also during later periods) from Gelderland.
The barratry of the shipmaster in early modern law: polysemy and mos Italicus
2019
Summary ‘Barratry’ is a polysemic term: it means deceit, bribe, simony, and fraud of the shipmaster. This article seeks to trace the origins of the word and to explore its different meanings, focusing especially on the influence that older meanings had on the development of more recent ones. This operation is of particular importance to understand the meaning of barratry that would appear for last – that of fraud of the shipmaster. By the time civil lawyers started dealing with maritime barratry, they were already well familiar with the other meanings of the term. This probably favoured the adaptation process, but it also left a deep mark on its outcome: the weight of those other meanings o…
The Barratry of the Shipmaster in Early Modern Law: The Approach of Italian and English Law Courts
2019
Summary For a long time, the concept of barratry (at least in its maritime meaning) was one and the same on both sides of the Channel. The barratry of the shipmaster was part of the mercantile usages, and it identified the intentionally blameworthy conduct of the master. When law courts began to decide on insurance litigation they were confronted with a notion quite alien to them. Broadly speaking, the shipmaster’s barratry could well be considered a fraud of sort. But in order to decide on its occurrence in a specific case, law courts had to analyse it in legal terms, and so according to the specific legal categories of their own system. The point ceases to be trivially obvious if we think…
Killing methods in Sicilian Mafia families
2019
The Sicilian Mafia is a criminal organisation founded in Sicily which is an island south of the Italian mainland in the Mediterranean Sea. Until recently, this organization was responsible for many murders and bombings. However, recently, based on the investigations known as the “Mare Nostrum” operation, the Supreme Court convicted 67 people and sent them to prison. Some defendants were found guilty of as many as 39 murders. This article reviews the forensic analysis that was used when investigating responsibility for these Mafia murders. Our review is based on the court documents and the ballistic investigations which were carried out to evaluate the reliability of “repented” or “pentiti”…
Are Chinese immigrants in Cameroon perceived as a threat?
2021
Chinese immigration to Cameroon has significantly increased within the last two decades. Members of the Cameroonian society have received Chinese presence with mixed feelings. Recent reports indicate that negative attitudes towards Chinese immigrants are on the rise. In a sample of 501 young people, ranging from 17 to 33 years old, this study specifically uses the integrated threat theory of prejudice to analyse the extent to which attitudes towards Chinese immigrants in Cameroon are predicted by the perception of threat. According to the most recent conceptualization of the integrated threat theory, there are two main types of threat that predict negative attitudes towards outgroups. These…