The Legacy of the Prompt Complaint Requirement, Corroboration Requirement, and Cautionary Instructions on Campus Sexual Assault
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Law and Constitution
Commission on Justice in Wales: Supplementary evidence of the Welsh Government to the Commission on Justice in Wales Contents Law and the Constitution 1 History and evolution 1 Problems operating Part 4 of the Government of Wales Act from 2011 onwards 4 Draft Wales Bill (2015) 7 Wales Act 2017 9 Accessibility of the law in Wales (and England) 10 Government and Laws in Wales Bill 12 Implications of creating a Welsh legal jurisdiction 15 Conclusion 18 Mae’r ddogfen yma hefyd ar gael yn Gymraeg. This document is also available in Welsh. © Crown copyright 2018 2 | Supplementary evidence of the WelshWG35635 Government Digital to ISBN the 978-1-78937-837-5 Commission on Justice in Wales Law and the Constitution 1. This paper is supplementary to the Welsh on designing a system of government that is the Government’s submission of 4 June 2018. most effective and produces the best outcomes for It focusses specifically on the law and the legal the people of Wales. Instead we have constitutional jurisdiction and its impact on government in Wales. arrangements which are often complex, confusing It also considers the potential impact of creating and incoherent. a Welsh legal jurisdiction and devolving the justice 5. One of the key junctures came in 2005 with system on the legal professions in Wales. the proposal to create what was to become a fully 2. The paper explores the incremental and fledged legislature for Wales. The advent of full piecemeal way in which Wales’ current system law making powers was a seminal moment and of devolved government has developed. -
THE RATIONAL STRENGTH of ENGLISH LAW AUSTRALIA the Law Book Co
THE RATIONAL STRENGTH OF ENGLISH LAW AUSTRALIA The Law Book Co. of Australasia Pty Ltd. Sydney : Melbourne : Brisbane CANADA AND U.S.A. The Carswell Company Limited Toronto INDIA N. M. Tripathi Limited Bombay NEW ZEALAND Legal Publications Ltd. Wellington THE HAMLYN LECTURES THIRD SERIES THE RATIONAL STRENGTH OF ENGLISH LAW BY F. H. LAWSON, D.c.L. of Gray's Inn, Barrister-at-Law, Professor of Comparative Law in the University of Oxford LONDON STEVENS & SONS LIMITED 1951 First published in 1951 by Stevens & Sons Limited of 119 <fe 120 Chancery IJine London - Law Publishers and printed in Great Britain by the Eastern Press Ltd. of London and Reading CONTENTS The Hamlyn Trust ..... page vii 1. SOURCES AND GENERAL CHARACTER OF THE LAW 3 2. CONTRACT ....... 41 3. PROPERTY 75 4. TORTS ........ 109 5. CONCLUSION ....... 143 HAMLYN LECTURERS 1949. The Right Hon. Sir Alfred Denning 1950. Richard O'Sullivan, K.C. 1951. F. H. Lawson, D.C.L. VI THE HAMLYN TRUST HE Hamlyn Trust came into existence under the will of the late Miss Emma Warburton THamlyn of Torquay, who died in 1941 aged 80. She came of an old and well-known Devon family. Her father, William Bussell Hamlyn, practised in Torquay as a solicitor for many years. She was a woman of dominant character, intelligent and cultured, well versed in literature, music, and art, and a lover of her country. She inherited a taste for law, and studied the subject. She travelled frequently on the Continent and about the Mediterranean and gathered impressions of comparative jurisprudence and ethnology. -
“English Law and Descent Into Complexity”
“ENGLISH LAW AND DESCENT INTO COMPLEXITY” GRAY’S INN READING BY LORD JUSTICE HADDON-CAVE Barnard’s Inn – 17th June 2021 ABSTRACT The Rule of Law requires that the law is simple, clear and accessible. Yet English law has in become increasingly more complex, unclear and inaccessible. As modern life becomes more complex and challenging, we should pause and reflect whether this increasingly complexity is the right direction and what it means for fairness and access to justice. This lecture examines the main areas of our legal system, legislation, procedure and judgments, and seeks to identify some of the causes of complexity and considers what scope there is for creating a better, simpler and brighter future for the law. Introduction 1. I am grateful to Gresham College for inviting me to give this year’s Gray’s Inn Reading.1 It is a privilege to follow a long line of distinguished speakers from our beloved Inn, most recently, Lord Carlisle QC who spoke last year on De-radicalisation – Illusion or Reality? 2. I would like to pay tribute to the work of Gresham College and in particular to the extraordinary resource that it makes available to us all in the form of 1,800 free public lectures available online stretching back nearly 40 years to Lord Scarman’s lecture Human Rights and the Democratic Process.2 For some of us who have not got out much recently, it has been a source of comfort and stimulation, in addition to trying to figure out the BBC series Line of Duty. 3. -
Welsh Tribal Law and Custom in the Middle Ages
THOMAS PETER ELLIS WELSH TRIBAL LAW AND CUSTOM IN THE MIDDLE AGES IN 2 VOLUMES VOLUME I1 CONTENTS VOLUME I1 p.1~~V. THE LAWOF CIVILOBLIGATIONS . I. The Formalities of Bargaining . .a . 11. The Subject-matter of Agreements . 111. Responsibility for Acts of Animals . IV. Miscellaneous Provisions . V. The Game Laws \TI. Co-tillage . PARTVI. THE LAWOF CRIMESAND TORTS. I. Introductory . 11. The Law of Punishtnent . 111. ' Saraad ' or Insult . 1V. ' Galanas ' or Homicide . V. Theft and Surreption . VI. Fire or Arson . VII. The Law of Accessories . VIII. Other Offences . IX. Prevention of Crime . PARTVIl. THE COURTSAND JUDICIARY . I. Introductory . 11. The Ecclesiastical Courts . 111. The Courts of the ' Maerdref ' and the ' Cymwd ' IV. The Royal Supreme Court . V. The Raith of Country . VI. Courts in Early English Law and in Roman Law VII. The Training and Remuneration of Judges . VIII. The Challenge of Judges . IX. Advocacy . vi CONTENTS PARTVIII. PRE-CURIALSURVIVALS . 237 I. The Law of Distress in Ireland . 239 11. The Law of Distress in Wales . 245 111. The Law of Distress in the Germanic and other Codes 257 IV. The Law of Boundaries . 260 PARTIX. THE L4w OF PROCEDURE. 267 I. The Enforcement of Jurisdiction . 269 11. The Law of Proof. Raith and Evideilce . , 301 111. The Law of Pleadings 339 IV. Judgement and Execution . 407 PARTX. PART V Appendices I to XI11 . 415 Glossary of Welsh Terms . 436 THE LAW OF CIVIL OBLIGATIONS THE FORMALITIES OF BARGAINING I. Ilztroductory. 8 I. The Welsh Law of bargaining, using the word bargain- ing in a wide sense to cover all transactions of a civil nature whereby one person entered into an undertaking with another, can be considered in two aspects, the one dealing with the form in which bargains were entered into, or to use the Welsh term, the ' bond of bargain ' forming the nexus between the parties to it, the other dealing with the nature of the bargain entered int0.l $2. -
Retribution in a Modern Penal Law: the Principle of Aggravated Harm
Buffalo Law Review Volume 25 Number 1 Article 2 10-1-1975 Retribution in a Modern Penal Law: The Principle of Aggravated Harm Ronald J. Allen University at Buffalo School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Criminal Law Commons, Criminology and Criminal Justice Commons, Legal Theory Commons, and the Legislation Commons Recommended Citation Ronald J. Allen, Retribution in a Modern Penal Law: The Principle of Aggravated Harm, 25 Buff. L. Rev. 1 (1975). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol25/iss1/2 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. RETRIBUTION IN A MODERN PENAL LAW: THE PRINCIPLE OF AGGRAVATED HARM RoNALD J. ALLEN* Surely to think of the apt expression of feeling-even if we call it moral indignation rather than revenge-as the ultimate justification of punishment is to subordinate what is primary to what is ancillary. We do not live in society in order to condemn, though we may con- demn in order to live.' Thus the old Gentleman ended his Harangue. The... [Legislature] heard it, and approved the Doctrine and immediately practised the 2 contrary,just as if it had been a common Sermon .... I O nSeptember 1, 1967, in the State of New York, the "first major and comprehensive revision of the Penal Law in the State of New York since 1881"s became effective.4 While much has been written of the revised Penal Law,5 one important aspect of it has received little *Assistant Professor of Law, Faculty of Law and Jurisprudence, State University of New York at Buffalo; B.S., Marshall University, 1970; J.D., University of Michigan, 1973. -
English Contract Law: Your Word May Still Be Your Bond Oral Contracts Are Alive and Well – and Enforceable
Client Alert Litigation Client Alert Litigation March 13, 2014 English Contract Law: Your Word May Still be Your Bond Oral contracts are alive and well – and enforceable. By Raymond L. Sweigart American movie mogul Samuel Goldwyn is widely quoted as having said, ‘A verbal contract isn’t worth the paper it’s written on.’ He is also reputed to have stated, ‘I’m willing to admit that I may not always be right, but I am never wrong.’ With all due respect to Mr Goldwyn, he did not have this quite right and recent case law confirms he actually had it quite wrong. English law on oral contracts has remained essentially unchanged with a few exceptions for hundreds of years. Oral contracts most certainly exist, and they are certainly enforceable. Many who negotiate commercial contracts often assume that they are not bound unless and until the agreement is reduced to writing and signed by the parties. However, the courts in England are not at all reluctant to find that binding contracts have been made despite the lack of a final writing and signature. Indeed, as we have previously noted, even in the narrow area where written and signed contracts are required (for example pursuant to the Statute of Frauds requirement that contracts for the sale of land must be in writing), the courts can find the requisite writing and signature in an exchange of emails.1 As for oral contracts, a recent informative example is presented by the case of Rowena Williams (as executor of William Batters) v Gregory Jones (25 February 2014) reported on Lawtel reference LTL 7/3/2014 document number AC0140753. -
Dutch Influences on Law and Governance in New York
DUTCH INFLUENCES 12/12/2018 10:05 AM ARTICLES DUTCH INFLUENCES ON LAW AND GOVERNANCE IN NEW YORK *Albert Rosenblatt When we talk about Dutch influences on New York we might begin with a threshold question: What brought the Dutch here and how did those beginnings transform a wilderness into the greatest commercial center in the world? It began with spices and beaver skins. This is not about what kind of seasoning goes into a great soup, or about European wearing apparel. But spices and beaver hats are a good starting point when we consider how and why settlers came to New York—or more accurately—New Netherland and New Amsterdam.1 They came, about four hundred years ago, and it was the Dutch who brought European culture here.2 I would like to spend some time on these origins and their influence upon us in law and culture. In the 17th century, several European powers, among them England, Spain, and the Netherlands, were competing for commercial markets, including the far-east.3 From New York’s perspective, the pivotal event was Henry Hudson’s voyage, when he sailed from Holland on the Halve Maen, and eventually encountered the river that now bears his name.4 Hudson did not plan to come here.5 He was hired by the Dutch * Hon. Albert Rosenblatt, former Judge of the New York Court of Appeals, is currently teaching at NYU School of Law. 1 See COREY SANDLER, HENRY HUDSON: DREAMS AND OBSESSION 18–19 (2007); ADRIAEN VAN DER DONCK, A DESCRIPTION OF NEW NETHERLAND 140 (Charles T. -
Accountability of Law Enforcement Officers in the Use of Deadly Force
UCLA National Black Law Journal Title Accountability of Law Enforcement Officers in the use of Deadly Force Permalink https://escholarship.org/uc/item/4vz3x42d Journal National Black Law Journal, 7(2) ISSN 0896-0194 Author Harper, Robert Berkley Publication Date 1981 Peer reviewed eScholarship.org Powered by the California Digital Library University of California ACCOUNTABILITY OF LAW ENFORCEMENT OFFICERS IN THE USE OF DEADLY FORCE Robert Berkley Harper* I. INTRODUCTION The importance of law enforcement officers' in today's society is with- out question. It is their unique responsibility to initiate the criminal justice process, 2 as well as to carry-out a myriad of services that benefit society. The majority of law enforcement officers in this country are professional, dedicated individuals who execute their sworn duties in a responsible and judicious manner. Notwithstanding the officers' worth and credibility, a need for accountability exists, as it does within all organizations and agen- cies in both the public and private sectors of our nation. Accountability is of special importance in situations where society permits a class of people to carry deadly weapons to be used against other citizens, since a potential abuse of this granted authority may result. To minimize this potential, the conditions under which this class may act must be strictly controlled. Ac- countability insures that law enforcement officers and agencies function in an effective manner without abuse to the citizenry.3 In recent years interest and concern has heightened in this country con- cerning the death penalty for convicted murderers, yet there has been little interest surrounding the most frequent means by which the states take a life. -
Crime and Punishment in Eighteenth-Century England
University of Arkansas at Little Rock Law Review Volume 14 Issue 3 Article 5 1992 Crime and Punishment in Eighteenth-Century England William B. Jones Jr. Follow this and additional works at: https://lawrepository.ualr.edu/lawreview Part of the Jurisprudence Commons, and the Law Enforcement and Corrections Commons Recommended Citation William B. Jones Jr., Crime and Punishment in Eighteenth-Century England, 14 U. ARK. LITTLE ROCK L. REV. 531 (1992). Available at: https://lawrepository.ualr.edu/lawreview/vol14/iss3/5 This Book Review is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in University of Arkansas at Little Rock Law Review by an authorized editor of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. BOOK REVIEW Crime and Punishment in Eighteenth-century England. Frank Mc- Lynn. New York: Routledge, Chapman & Hall, 1989. 392 pp. $45.00 (hardcover); Oxford and New York: Oxford University Press, 1991. 392 pp. $13.95 (paperback). William B. Jones, Jr.* Since laws were made for ev'ry Degree, To curb Vice in others, as well as me, I wonder we han't better Company, Upon Tyburn Tree! But Gold from Law can take out the Sting; And if rich Men like us were to swing, 'Twould thin the Land, such Numbers to string Upon Tyburn Tree! - John Gay, The Beggar's Opera (1728), III, xiii Eighteenth-century England is often viewed through a distorted lens as the epitome of a one-dimensional Age of Elegance-the era of powdered wigs, ornate snuffboxes, Palladian villas, the operas of Han- del, the portraits of Reynolds, and the couplets of Pope. -
Sources of UK Law
Sources of UK Law Introduction Primary Sources o Refers to the law itself – the original and authoritative statements of law o It comes in the following forms: . Case law made by the courts . Legislation enacted by Parliament . European law Secondary Sources o Refers to commentaries on the law: . Legal Encyclopaedias . Parliamentary and Non Parliamentary Documents . Law Journals . Textbooks Case Law The decisions of the courts are reported in publications known as “Law reports” – they are fundamental, primary sources of UK law. The successful development of the law depends upon the production of reliable law reports which carry the facts, issues and decision as well as the legal principles upon which the judgment is made. A unique feature of English law is the doctrine of judicial precedents – where the reported decisions of the courts form a binding source of law for future decisions. A judge is bound by the decisions of superior courts but not necessarily by those of inferior courts. What are Law Reports? Research Guides A law report: Reprints full text of a judgment, including statement of facts and judicial reasoning made by judges Carries additional material such as a summary of legal issues, lists of cases cited, legislation referred to and other key features History of Law Reports Law reports have existed since the reign of Edward I - it is possible to find details of very old Library:SOAS cases. Before 1865 Collections of law reports were published privately by individuals. They were referred to by the name of the individual reporter or compiler. The majority of older cases can be found in the English Reports series. -
COLLECTION of EUROPEAN PENAL CODES and the STUDY of COMPARATIVE LAW Marc Ancel T
University of Pennsylvania Law Review FOUNDED 1852 Formerly American Law Register VOL. 106 JANUARY, 1958 No. 3 THE COLLECTION OF EUROPEAN PENAL CODES AND THE STUDY OF COMPARATIVE LAW Marc Ancel t FOREWORD by Louis B. Schwartz t The essay below was written by M. Marc Ancel as an intro- duction to the four-volume compilation of the penal codes currently in force in Europe, edited by himself and Mlle. Yvonne Marx.' Two of the projected four volumes have now appeared, covering in alpha- betical order, the codes of countries from Germany (Allemand) to Greenland. The project is of extraordinary interest and usefulness, since a French version of codes which would otherwise be available only in Swedish, Greek, Russian, etc., makes them much more acces- sible to Americans. But the enterprise would not be as valuable as it is without M. Ancel's analysis of the great tides of thought which, in their ebb and flow, have carried the penal law first in one direction, then almost in the opposite direction. M. Ancel's essay calls for a foreword for several reasons. To begin with, he had a foreword of his own which is here omitted because t Conseiller a la Cour de Cassation (Justice of the French Supreme Court, civil branch). Formerly Editor-in-Chief, International Review of Comparative Law; Sec- retary General, Institute of Comparative Law of the University of Paris; Secretary General, Society of Comparative Legislation. $ Professor of Law, University of Pennsylvania Law School. 1. LEs CODES PENAUX EuRoPEENs (1956) (published by the Centre Frangais de Droit Compare). -
Law and Belief in Three Revolutions
Valparaiso University Law Review Volume 18 Number 3 Spring 1984 pp.569-629 Spring 1984 Law and Belief in Three Revolutions Harold J. Berman Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Law Commons Recommended Citation Harold J. Berman, Law and Belief in Three Revolutions, 18 Val. U. L. Rev. 569 (1984). Available at: https://scholar.valpo.edu/vulr/vol18/iss3/1 This Seegers Lecture is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Berman: Law and Belief in Three Revolutions ValparaisoUniversity Law Review Volume 18 Summer 1984 Number 3 LAW AND BELIEF IN THREE REVOLUTIONS* HAROLD J. BERMAN** I. GENERAL INTRODUCTION ........................... 569 II. THE LUTHERAN REFORMATION AND GERMAN LAW . 572 III. THE PURITAN REVOLUTION AND ENGLISH LAW .... 590 IV. THE ENLIGHTENMENT, THE FRENCH REVOLUTION, AND THE NAPOLEONIC CODES .......................... 613 I. GENERAL INTRODUCTION Periodically in the history of the West there have occurred revolutionary changes in the predominant system of beliefs held by the people of a given country or countries. Thus in the early sixteenth century the rise of Protestantism, especially in its Lutheran form, reflected a major shift in the belief system of most persons-not only of Protestants -living in the numerous polities that then made up the German Empire. Some four generations later, in the mid-seventeenth century, various Calvinist and neo-Calvinist beliefs became predomi- nant in English social life, espoused not only by Puritans and other so-called Non-Conformists but also by many who remained loyal to Anglicanism.