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Human Rights, Sexual Orientation and Gender Identity in the Commonwealth
Human Rights, Sexual Orientation and Gender Identity in The Commonwealth Struggles for Decriminalisation and Change Edited by Corinne Lennox and Matthew Waites Human Rights, Sexual Orientation and Gender Identity in The Commonwealth: Struggles for Decriminalisation and Change Edited by Corinne Lennox and Matthew Waites © Human Rights Consortium, Institute of Commonwealth Studies, School of Advanced Study, University of London, 2013 This book is published under a Creative Commons Attribution- NonCommercial-NoDerivatives 4.0 International (CC BY-NCND 4.0) license. More information regarding CC licenses is available at https:// creativecommons.org/licenses/ Available to download free at http://www.humanities-digital-library.org ISBN 978-1-912250-13-4 (2018 PDF edition) DOI 10.14296/518.9781912250134 Institute of Commonwealth Studies School of Advanced Study University of London Senate House Malet Street London WC1E 7HU Cover image: Activists at Pride in Entebbe, Uganda, August 2012. Photo © D. David Robinson 2013. Photo originally published in The Advocate (8 August 2012) with approval of Sexual Minorities Uganda (SMUG) and Freedom and Roam Uganda (FARUG). Approval renewed here from SMUG and FARUG, and PRIDE founder Kasha Jacqueline Nabagesera. Published with direct informed consent of the main pictured activist. Contents Abbreviations vii Contributors xi 1 Human rights, sexual orientation and gender identity in the Commonwealth: from history and law to developing activism and transnational dialogues 1 Corinne Lennox and Matthew Waites 2 -
The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water
Florida State University Law Review Volume 3 Issue 4 Article 1 Fall 1975 The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water Glenn J. MacGrady Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Admiralty Commons, and the Water Law Commons Recommended Citation Glenn J. MacGrady, The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water, 3 Fla. St. U. L. Rev. 511 (1975) . https://ir.law.fsu.edu/lr/vol3/iss4/1 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW VOLUME 3 FALL 1975 NUMBER 4 THE NAVIGABILITY CONCEPT IN THE CIVIL AND COMMON LAW: HISTORICAL DEVELOPMENT, CURRENT IMPORTANCE, AND SOME DOCTRINES THAT DON'T HOLD WATER GLENN J. MACGRADY TABLE OF CONTENTS I. INTRODUCTION ---------------------------- . ...... ..... ......... 513 II. ROMAN LAW AND THE CIVIL LAW . ........... 515 A. Pre-Roman Legal Conceptions 515 B. Roman Law . .... .. ... 517 1. Rivers ------------------- 519 a. "Public" v. "Private" Rivers --- 519 b. Ownership of a River and Its Submerged Bed..--- 522 c. N avigable R ivers ..........................................- 528 2. Ownership of the Foreshore 530 C. Civil Law Countries: Spain and France--------- ------------- 534 1. Spanish Law----------- 536 2. French Law ----------------------------------------------------------------542 III. ENGLISH COMMON LAw ANTECEDENTS OF AMERICAN DOCTRINE -- --------------- 545 A. -
Rethinking Maltese Legal Hybridity: a Chimeric Illusion Or a Healthy Grafted European Law Mixture? Kevin Aquilina
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Louisiana State University: DigitalCommons @ LSU Law Center Journal of Civil Law Studies Volume 4 Number 2 Mediterranean Legal Hybridity: Mixtures and Movements, the Relationship between the Legal Article 5 and Normative Traditions of the Region; Malta, June 11-12, 2010 12-1-2011 Rethinking Maltese Legal Hybridity: A Chimeric Illusion or a Healthy Grafted European Law Mixture? Kevin Aquilina Follow this and additional works at: https://digitalcommons.law.lsu.edu/jcls Part of the Civil Law Commons Repository Citation Kevin Aquilina, Rethinking Maltese Legal Hybridity: A Chimeric Illusion or a Healthy Grafted European Law Mixture?, 4 J. Civ. L. Stud. (2011) Available at: https://digitalcommons.law.lsu.edu/jcls/vol4/iss2/5 This Conference Proceeding is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Journal of Civil Law Studies by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. RETHINKING MALTESE LEGAL HYBRIDITY: A CHIMERIC ILLUSION OR A HEALTHY GRAFTED EUROPEAN LAW MIXTURE? Kevin Aquilina* Abstract ....................................................................................... 261 I. Introduction ............................................................................. 262 II. The Nature of the Maltese Mixed Legal System.................... 263 III. The Nine Periods of Maltese Legal History ......................... 265 A. Roman Malta (218 B.C.-870) .............................................266 B. Arab Malta (870-1090)........................................................267 C. Norman Malta (1090-1530) ................................................268 D. Hospitallers Malta (1530-1798) ..........................................269 E. French Malta (1798-1800) ...................................................270 F. British Malta (1800-1964) ...................................................271 G. -
The Influence of Technological and Scientific Innovation on Personal Insurance
THE INFLUENCE OF TECHNOLOGICAL AND SCIENTIFIC INNOVATION ON PERSONAL INSURANCE Speakers: Dr. Eduardo Mangialardi Dr. Norberto Jorge Pantanali Dr. Enrique José Quintana I – GENERAL INTRODUCTION It is a great honour for the Argentine Association of Insurance Law, to have been entrusted by the Presidency Council of the International Association of Insurance Law (AIDA, for its Spanish acronym) the responsibility to prepare the questionnaire sent to all the National Sections and the elaboration and account of the general report referred to the subject “The Influence of Technological and Scientific Innovation on Personal Insurance”, in this XII World Conference of Insurance Law.- We think that the history and experience of the qualified jurists of the Argentine Section that preceded us had a great influence on the choice of our country as seat for such great academic event and to confer on us the distinction of this presentation. We cannot help remembering here and now that Drs. Juan Carlos Félix Morandi and Eduardo Steinfeld attended the First World Conference of Insurance Law held in Rome from April 4 to 7, 1962. We cannot help remembering that two former Presidents of our Association had the privilege of being the speakers of the general reports at the World Conferences of Insurance Law. Dr. Isaac Halperin developed the subject “The Insurance and the Acts of Violence Against the Community Affecting People or Assets” in the IV World Conference held in Laussane, Switzerland in April 1974, and Dr. Juan Carlos Félix Morandi, who at the VII World Conference held in Budapest, Hungary in May 1986, dealt with “Aggravation and Other Risk Modifications”. -
Protestant Ecclesiastical Law and the Ius Commune
The Catholic University of America, Columbus School of Law CUA Law Scholarship Repository Scholarly Articles and Other Contributions Faculty Scholarship 2016 Protestant Ecclesiastical Law and the Ius Commune Kenneth Pennington The Catholic University of America, Columbus School of Law Follow this and additional works at: https://scholarship.law.edu/scholar Part of the Legal History Commons Recommended Citation Kenneth Pennington, Protestant Ecclesiastical Law and the Ius Commune, 26 RIVISTA INTERNAZIONALE DI DIRITTO COMUNE 9 (2015). This Article is brought to you for free and open access by the Faculty Scholarship at CUA Law Scholarship Repository. It has been accepted for inclusion in Scholarly Articles and Other Contributions by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact [email protected]. 1 Protestant Ecclesiastical Law and the Ius commune Kenneth Pennington Protestants almost never called their ecclesiastical norms ‘canons.’1 When Protestant jurists or theologians wrote ‘canon law’ (Ius canonicum) in their works, it was clear to their readers that they meant Roman canon law. Surprisingly, Protestant jurists often cited Roman canon law and its jurisprudence long after Martin Luther burned books of Roman canon law at the Elster gate in Wittenberg. These jurists also continued to teach courses at the universities that treated the Ius canonicum. Consequently, an essay on Protestant canon law must confront the question: how much Roman canon law and the jurisprudence of the medieval Ius commune remained embedded in the Reformers’ legislation and jurisprudence and how much was rejected? Until relatively recently scholars answered that question largely according to their confessional affiliations. -
ABSTRACT the Apostolic Tradition in the Ecclesiastical Histories Of
ABSTRACT The Apostolic Tradition in the Ecclesiastical Histories of Socrates, Sozomen, and Theodoret Scott A. Rushing, Ph.D. Mentor: Daniel H. Williams, Ph.D. This dissertation analyzes the transposition of the apostolic tradition in the fifth-century ecclesiastical histories of Socrates, Sozomen, and Theodoret. In the early patristic era, the apostolic tradition was defined as the transmission of the apostles’ teachings through the forms of Scripture, the rule of faith, and episcopal succession. Early Christians, e.g., Irenaeus, Tertullian, and Origen, believed that these channels preserved the original apostolic doctrines, and that the Church had faithfully handed them to successive generations. The Greek historians located the quintessence of the apostolic tradition through these traditional channels. However, the content of the tradition became transposed as a result of three historical movements during the fourth century: (1) Constantine inaugurated an era of Christian emperors, (2) the Council of Nicaea promulgated a creed in 325 A.D., and (3) monasticism emerged as a counter-cultural movement. Due to the confluence of these sweeping historical developments, the historians assumed the Nicene creed, the monastics, and Christian emperors into their taxonomy of the apostolic tradition. For reasons that crystallize long after Nicaea, the historians concluded that pro-Nicene theology epitomized the apostolic message. They accepted the introduction of new vocabulary, e.g. homoousios, as the standard of orthodoxy. In addition, the historians commended the pro- Nicene monastics and emperors as orthodox exemplars responsible for defending the apostolic tradition against the attacks of heretical enemies. The second chapter of this dissertation surveys the development of the apostolic tradition. -
Browsing Through Bias: the Library of Congress Classification and Subject Headings for African American Studies and LGBTQIA Studies
Browsing through Bias: The Library of Congress Classification and Subject Headings for African American Studies and LGBTQIA Studies Sara A. Howard and Steven A. Knowlton Abstract The knowledge organization system prepared by the Library of Con- gress (LC) and widely used in academic libraries has some disadvan- tages for researchers in the fields of African American studies and LGBTQIA studies. The interdisciplinary nature of those fields means that browsing in stacks or shelflists organized by LC Classification requires looking in numerous locations. As well, persistent bias in the language used for subject headings, as well as the hierarchy of clas- sification for books in these fields, continues to “other” the peoples and topics that populate these titles. This paper offers tools to help researchers have a holistic view of applicable titles across library shelves and hopes to become part of a larger conversation regarding social responsibility and diversity in the library community.1 Introduction The neat division of knowledge into tidy silos of scholarly disciplines, each with its own section of a knowledge organization system (KOS), has long characterized the efforts of libraries to arrange their collections of books. The KOS most commonly used in American academic libraries is the Li- brary of Congress Classification (LCC). LCC, developed between 1899 and 1903 by James C. M. Hanson and Charles Martel, is based on the work of Charles Ammi Cutter. Cutter devised his “Expansive Classification” to em- body the universe of human knowledge within twenty-seven classes, while Hanson and Martel eventually settled on twenty (Chan 1999, 6–12). Those classes tend to mirror the names of academic departments then prevail- ing in colleges and universities (e.g., Philosophy, History, Medicine, and Agriculture). -
Edwin Busuttil*
- Malta Edwin Busuttil* Malta is a unitary state with a monarchical form The territories of Malta comprise the Island of of government. It came into existence as an Malta, the Island of Gozo, and the other islands of independent state on 21 Sept. 1964, in virtue of the Maltese Archipelago, including the territorial the Malta Independence Act passed by the United waters thereo£ Kingdom Parliament in the same year (1964, c. 86). I. CONSTITUTIONAL SYSTEM Privy Council" on 2 Sept. 1964 (S.I. 1964 no. I. Nationality 1398). Maltese nationality is unitary, but a citizen of The power of government in Malta is vested in Malta, by virtue of his Maltese citizenship, also the Head of State and Parliament. In this Malta has the common status of a Commonwealth follows the United Kingdom pattern of parlia citizen in common with the citizens of other mentary democracy. countries in the British Commonwealth. In Malta the Constitution is supreme and the Maltese citizenship is acquired by birth or de Constitutional Court is empowered to decide on scent, or by registration or naturalization under the constitutionality of legislation. certain conditions. It may be lost by voluntary The machinery for amending the Constitution renunciation, by automatic cessation in the event is somewhat involved, for many provisions of the of dual nationality, or by deprivation by the state Constitution are entrenched. Entrenchment takes in certain circumstances where citizenship was two forms. One group of entrenched sections can originally acquired by registration or naturaliza only be amended if an amending Bill is passed by tion (Canst. -
Jeder Treu Auf Seinem Posten: German Catholics
JEDER TREU AUF SEINEM POSTEN: GERMAN CATHOLICS AND KULTURKAMPF PROTESTS by Jennifer Marie Wunn (Under the Direction of Laura Mason) ABSTRACT The Kulturkampf which erupted in the wake of Germany’s unification touched Catholics’ lives in multiple ways. Far more than just a power struggle between the Catholic Church and the new German state, the conflict became a true “struggle for culture” that reached into remote villages, affecting Catholic men, women, and children, regardless of their age, gender, or social standing, as the state arrested clerics and liberal, Protestant polemicists castigated Catholics as ignorant, anti-modern, effeminate minions of the clerical hierarchy. In response to this assault on their faith, most Catholics defended their Church and clerics; however, Catholic reactions to anti- clerical legislation were neither uniform nor clerically-controlled. Instead, Catholics’ Kulturkampf activism took many different forms, highlighting both individual Catholics’ personal agency in deciding if, when, and how to take part in the struggle as well as the diverse factors that motivated, shaped, and constrained their activism. Catholics resisted anti-clerical legislation in ways that reflected their personal lived experience; attending to the distinctions between men’s and women’s activism or those between older and younger Catholics’ participation highlights individuals’ different social and communal roles and the diverse ways in which they experienced and negotiated the dramatic transformations the new nation underwent in its first decade of existence. Investigating the patterns and distinctions in Catholics’ Kulturkampf activism illustrates how Catholics understood the Church-State conflict, making clear what various groups within the Catholic community felt was at stake in the struggle, as well as how external factors such as the hegemonic contemporary discourses surrounding gender roles, class status, age and social roles, the division of public and private, and the feminization of religion influenced their activism. -
Party Law in Comparative Perspective
Party Law in Comparative Perspective Fernando Casal-Bértoa, Daniela Romée Piccio & Ekaterina R. Rashkova Department of Political Science Leiden University [email protected] [email protected] [email protected] The Legal Regulation of Political Parties Working Paper 16 March 2012 © The author(s), 2012 This working paper series is supported by the Economic and Social Research Council (ESRC research grant RES-061-25-0080) and the European Research Council (ERC starting grant 205660). To cite this paper : Casal-Bértoa, Fernando, Piccio, Daniela Romée, Rashkova, Ekaterina (2012). ‘Party Law in Comparative Perspective’, Working Paper Series on the Legal Regulation of Political Parties, No. 16. To link to this paper : http://www.partylaw.leidenuniv.nl/uploads/wp1612.pdf This paper may be used for research, teaching and private study purposes. Any substantial or systematic reproduction, re-distribution, re-selling, loan or sub-licensing, systematic supply or distribution in any form to anyone is expressly forbidden. ISSN: 2211-1034 The Legal Regulation of Political Parties, working paper 16/12 Party Law in Comparative Perspective Introduction Political parties have become increasingly subject to laws in the recent years. The liberal principle of non intervention in political parties’ internal matters that prevailed across the European continent since the very emergence of political parties as organizations seems no longer to be the dominant paradigm. The several guidelines adopted by the European Commission for Democracy through Law (‘Venice Commission’) and directed to state actors, although not mandatory, offer a clear indication of the degree to which greater intervention in the political parties’ affairs is currently being claimed for. -
150 Years of Research : a Bibliography of the Indiana University School of Law Faculty, 1842-1992
Maurer School of Law: Indiana University Digital Repository @ Maurer Law 150 Years of Research: A Bibliography of Indiana University School of Law Faculty, Law Library Publications 1842-1992 1992 150 years of research : a bibliography of the Indiana University School of Law Faculty, 1842-1992 Linda K. Fariss Indiana University Maurer School of Law, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/bibliography Part of the Legal Biography Commons, Legal Education Commons, Legal History Commons, Legal Profession Commons, and the Legal Writing and Research Commons Recommended Citation Fariss, Linda K., "150 years of research : a bibliography of the Indiana University School of Law Faculty, 1842-1992" (1992). 150 Years of Research: A Bibliography of Indiana University School of Law Faculty, 1842-1992. 1. https://www.repository.law.indiana.edu/bibliography/1 This Brochure is brought to you for free and open access by the Law Library Publications at Digital Repository @ Maurer Law. It has been accepted for inclusion in 150 Years of Research: A Bibliography of Indiana University School of Law Faculty, 1842-1992 by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. 150 Years of Research: A Bibliography of the Indiana University School of Law Faculty, 1842-1992 Indiana University School of Law Bloomington, Indiana 150 Years of Research: A Bibliography of the Indiana University School of Law Faculty, 1842-1992 compiled by: Keith A. Buckley Mitchell E. Counts Ralph F. Gaebler Michael M. Maben Marianne Mason F. Richard Vaughan Nona K. Watt edited by: Linda K. -
An Eirenicon
THE CHURCH OF ENGLAND A PORTION OF CHRIST’S ONE HOLY CATHOLIC CHURCH, AND A MEANS OF RESTORING VISIBLE UNITY. AN EIRENICON, In a Letter TO THE AUTHOR OF “THE CHRISTIAN YEAR.” BY E. B. PUSEY, D.D., REGIUS PROFESSOR OF HEBREW, AND CANON OF CHRIST CHURCH, OXFORD. NEW YORK: D. APPLETON AND COMPANY, 1866 Project Canterbury AD 2003 An Eirenicon, by Edward Bouverie Pusey (1866) MY DEAREST FRIEND, You think that, Dr. Manning’s last letter having been addressed to myself, it is desirable that I should in some way reply to it. It would cost me much, not to undertake any task which you might wish me to essay. You know how long it has been my wish to part with all controversy, and to consecrate the evening of my life to the unfolding of some of the deep truths of God’s Holy Word, as God might enable me, by aid of those whom He has taught in times past. This employment, and practical duties which God has brought to me, were my ideal of the employments of the closing years of a laborious life. The inroad made upon the Gospel by unbelievers, or half-believers, compelled me in part to modify this my hope. Still, since there is a common foe, pressing alike upon all who believe in Jesus, I the more hoped, at least, to be freed from any necessity of controversy with any who hold the Catholic faith. The recent personal appeal of Dr. Manning to myself seems, as you and other friends think, to call for an exception to this too; yet, since “the night cometh when no man can work,” I trust that I shall not be thought to shrink from duty, if, hereafter, I should maintain a silence, in order to give myself to that which seems to me more especially my calling.