Attitudes to Codification and the Scottish Science of Legislation, 1600-1830
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From Custom to Code. a Sociological Interpretation of the Making of Association Football
From Custom to Code From Custom to Code A Sociological Interpretation of the Making of Association Football Dominik Döllinger Dissertation presented at Uppsala University to be publicly examined in Humanistiska teatern, Engelska parken, Uppsala, Tuesday, 7 September 2021 at 13:15 for the degree of Doctor of Philosophy. The examination will be conducted in English. Faculty examiner: Associate Professor Patrick McGovern (London School of Economics). Abstract Döllinger, D. 2021. From Custom to Code. A Sociological Interpretation of the Making of Association Football. 167 pp. Uppsala: Department of Sociology, Uppsala University. ISBN 978-91-506-2879-1. The present study is a sociological interpretation of the emergence of modern football between 1733 and 1864. It focuses on the decades leading up to the foundation of the Football Association in 1863 and observes how folk football gradually develops into a new form which expresses itself in written codes, clubs and associations. In order to uncover this transformation, I have collected and analyzed local and national newspaper reports about football playing which had been published between 1733 and 1864. I find that folk football customs, despite their great local variety, deserve a more thorough sociological interpretation, as they were highly emotional acts of collective self-affirmation and protest. At the same time, the data shows that folk and early association football were indeed distinct insofar as the latter explicitly opposed the evocation of passions, antagonistic tensions and collective effervescence which had been at the heart of the folk version. Keywords: historical sociology, football, custom, culture, community Dominik Döllinger, Department of Sociology, Box 624, Uppsala University, SE-75126 Uppsala, Sweden. -
Act of Sederunt (Simple Procedure) 2016 SSI 2016/200
Act of Sederunt (Simple Procedure) 2016 SSI 2016/200 1. Citation and commencement, etc 2. The Simple Procedure Rules 3. Interpretation of the Simple Procedure Rules 4. Warrants 5. Arrestment to found jurisdiction Citation and commencement, etc 1. (1) This Act of Sederunt may be cited as the Act of Sederunt (Simple Procedure) 2016. (2) It comes into force on 28th November 2016. (3) A certified copy is to be inserted in the Books of Sederunt. The Simple Procedure Rules 2. (1) Schedule 1 contains rules for simple procedure cases and may be cited as the Simple Procedure Rules. (2) A form referred to in the Simple Procedure Rules means— (a) the form with that name in Schedule 2, or (b) an electronic version of the form with that name in Schedule 2, adapted for use by the Scottish Courts and Tribunals Service with the portal on its website. (3) Where the Simple Procedure Rules require a form to be used, that form may be varied where the circumstances require it. Interpretation of the Simple Procedure Rules 3. (1) In the Simple Procedure Rules— “a case where the expenses of a claim are capped” means a simple procedure case— (a) to which an order made under section 81(1) of the Courts Reform (Scotland) Act 2014a applies; or (b) in which the sheriff has made a direction under section 81(7) of that Act; [omitted in consequentials] “a decision which absolves the respondent” means a decree of absolvitor; “a decision which orders the respondent to deliver something to the claimant” means a decree for delivery or for recovery of possession; “a decision -
Petition and Summons Procedure
Annex A The New Civil Procedure Rules – First Report Petition and Summons Procedure Discussion paper for the Rules Rewrite Committee of the Scottish Civil Justice Council Dr. Stephen Thomson 14th December 2016 1 Annex A The New Civil Procedure Rules – First Report Discussion Paper on Petition and Summons Procedure Structure of Paper 1. Research specification 3 2. Historical, legal and principled basis for the distinction 4 2.1 Overview 4 2.2 Determination of whether to commence process by petition or summons 10 2.3 Testing the distinction between the petition and summons 14 a. Petition is usually an ex parte form of originating non-contentious or non-adversarial process 15 b. Petition involves the discretionary exercise of statutory or common law powers as distinct from the application of rules of law 18 3. Difficulties caused by the distinction in present practice 28 4. Difficulties likely to be presented by the removal of the distinction 32 4.1 Risk of replacing one two-tier process with another 32 4.2 Ensuring the continued possibility of ex parte applications 36 4.3 Retaining flexibility/brevity in appropriate cases 36 4.4 Retaining the relative speed and cheapness of abbreviated/expedited process 38 5. Other jurisdictions 39 5.1 England and Wales 39 5.2 Australia 41 a. New South Wales 41 b. Victoria 43 5.3 New Zealand 44 5.4 Canada 47 a. Ontario 47 b. British Columbia 49 c. Alberta 50 6. Conclusion 51 2 Annex A The New Civil Procedure Rules – First Report 1. Research Specification I have been asked by the Rules Rewrite Committee (the “Committee”) of the Scottish Civil Justice Council (the “SCJC”), to provide historical and principled academic analysis in relation to questions arising from the proposal to merge petition and summons procedure. -
Medieval Devotion to Mary Among the Carmelites Eamon R
Marian Studies Volume 52 The Marian Dimension of Christian Article 11 Spirituality, Historical Perspectives, I. The Early Period 2001 The aM rian Spirituality of the Medieval Religious Orders: Medieval Devotion to Mary Among the Carmelites Eamon R. Carroll Follow this and additional works at: https://ecommons.udayton.edu/marian_studies Part of the Religion Commons Recommended Citation Carroll, Eamon R. (2001) "The aM rian Spirituality of the Medieval Religious Orders: Medieval Devotion to Mary Among the Carmelites," Marian Studies: Vol. 52, Article 11. Available at: https://ecommons.udayton.edu/marian_studies/vol52/iss1/11 This Article is brought to you for free and open access by the Marian Library Publications at eCommons. It has been accepted for inclusion in Marian Studies by an authorized editor of eCommons. For more information, please contact [email protected], [email protected]. Carroll: Medieval Devotions…Carmelites The Marian Spirituality of the Medieval Religious Orders: Medieval Devotion ... Carmelites MEDIEVAL DEVOTION TO MARY AMONG THE CARMELITES Eamon R. Carroll, 0. Carm. * The word Carmel virtually defines the religious family that calls itself the Carmelite Order. It is a geographical designation (as in also Carthusian and Cistercian), not a person's name like Francis, Dominic and the Servite Seven Holy Founders. In the Church's calendar, Carmel is one of three Marian sites celebrated liturgically, along with Lourdes and St. Mary Major. It may be asked: Who founded the Carmelites on Mount Carmel? There is no easy answer, though some names have been suggested, begin, ning with the letter B-Brocard, Berthold, ...What is known is that during the Crusades in the late eleven,hundreds some Euro, peans settled as hermits on Mount Carmel, in the land where the Savior had lived. -
Reexamining the Seventh Amendment Argument Against Issue Certification
Pace Law Review Volume 34 Issue 3 Summer 2014 Article 2 July 2014 Reexamining the Seventh Amendment Argument Against Issue Certification Douglas McNamara George Washington University Law School Blake Boghosian George Washington University Law School Leila Aminpour Consumer Financial Protection Bureau Follow this and additional works at: https://digitalcommons.pace.edu/plr Part of the Civil Procedure Commons Recommended Citation Douglas McNamara, Blake Boghosian, and Leila Aminpour, Reexamining the Seventh Amendment Argument Against Issue Certification, 34 Pace L. Rev. 1041 (2014) Available at: https://digitalcommons.pace.edu/plr/vol34/iss3/2 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. Reexamining the Seventh Amendment Argument Against Issue Certification D. McNamara, * B. Boghosian** & L. Aminpour*** I. Introduction Issue certification is a controversial means of handling aggregate claims in Federal Courts. Federal Rule of Civil Procedure (“FRCP”) 23(c)(4) provides that “[w]hen appropriate, an action may be brought or maintained as a class action with respect to particular issues.”1 Issue certification has returned to the radar screen of academics,2 class action counsel,3 and defendants.4 The Supreme Court’s decision regarding the need for viable damage distribution models in Comcast v. Behrend5 may spur class counsel in complex cases to bifurcate liability and damages. * Douglas McNamara is Of Counsel at Cohen Milstein Sellers & Toll, PLLC, in Washington, D.C. He is an adjunct faculty member of George Washington University Law School and has practiced sixteen years in the area of complex civil litigation and class actions. -
Writing the Global: the Scottish Enlightenment As Literary Practice
Writing the Global: The Scottish Enlightenment as Literary Practice Yusuke Wakazawa PhD University of York English and Related Literature September 2018 2 Abstract This thesis presents the Scottish Enlightenment as a literary practice in which Scottish thinkers deploy diverse forms of writing---for example, philosophical treatise, essay, autobiography, letter, journal, and history---to shape their ideas and interact with readers. After the unsuccessful publication of A Treatise of Human Nature (1739-40), David Hume turns to write essays on moral philosophy, politics and commerce, and criticism. I argue that other representatives of the Scottish Enlightenment such as Adam Smith, Adam Ferguson, and William Robertson also display a comparable attention to the choice and use of literary forms. I read the works of the Scottish Enlightenment as texts of eighteenth-century literature rather than a context for that literature. Since I argue that literary culture is an essential component of the Scottish Enlightenment, I include James Boswell and Tobias Smollett as its members. In diverse literary forms, Scottish writers refer to geographical difference, and imagine the globe as heterogenous and interconnected. These writers do not treat geography as a distinctive field of inquiry. Instead, geographical reference is a feature of diverse scholarly genres. I suggest that literary experiments in the Scottish Enlightenment can be read as responding to the circulation of information, people, and things beyond Europe. Scottish writers are interested in the diversity of human beings, and pay attention to the process through which different groups of people in distant regions encounter each other and exchange their sentiments as well as products. -
The Early Career of Thomas Craig, Advocate
Finlay, J. (2004) The early career of Thomas Craig, advocate. Edinburgh Law Review, 8 (3). pp. 298-328. ISSN 1364-9809 http://eprints.gla.ac.uk/37849/ Deposited on: 02 April 2012 Enlighten – Research publications by members of the University of Glasgow http://eprints.gla.ac.uk EdinLR Vol 8 pp 298-328 The Early Career of Thomas Craig, Advocate John Finlay* Analysis of the clients of the advocate and jurist Thomas Craig of Riccarton in a formative period of his practice as an advocate can be valuable in demonstrating the dynamics of a career that was to be noteworthy not only in Scottish but in international terms. However, it raises the question of whether Craig’s undoubted reputation as a writer has led to a misleading assessment of his prominence as an advocate in the legal profession of his day. A. INTRODUCTION Thomas Craig (c 1538–1608) is best known to posterity as the author of Jus Feudale and as a commissioner appointed by James VI in 1604 to discuss the possi- bility of a union of laws between England and Scotland.1 Following from the latter enterprise, he was the author of De Hominio (published in 1695 as Scotland”s * Lecturer in Law, University of Glasgow. The research required to complete this article was made possible by an award under the research leave scheme of the Arts and Humanities Research Board and the author is very grateful for this support. He also wishes to thank Dr Sharon Adams, Mr John H Ballantyne, Dr Julian Goodare and Mr W D H Sellar for comments on drafts of this article, the anonymous reviewer for the Edinburgh Law Review, and also the members of the Scottish Legal History Group to whom an early version of this paper was presented in October 2003. -
The New Civil Procedure Rules First Report
The New Civil Procedure Rules First Report May 2017 Contents Foreword ........................................................................................................................... 1 Chapter 1. Introduction .................................................................................................... 3 Background to the rules rewrite project.............................................................................. 3 The Acts ........................................................................................................................ 3 The Rules Rewrite Working Group ................................................................................. 4 The Rules Rewrite Drafting Team and implementation of the 2014 Act .......................... 5 The Rules Rewrite Project ................................................................................................. 6 The scope of the project ................................................................................................. 6 Matters out with the scope of the project ........................................................................ 8 Purpose of this report ........................................................................................................ 9 Discussion papers .......................................................................................................... 9 Engagement with the public and the professions ......................................................... 10 Chapter 2. A statement of principle ............................................................................. -
The Scottish Translations of the Rôles D'oléron
This is a publication of The Stair Society. This publication is licensed by Edda Frankot and The Stair Society under Creative Commons license CC-BY-NC-ND and may be freely shared for non-commercial purposes so long as the creators are credited. Edda Frankot, “The Scottish Translations of the Rôles d’Oléron: Edition and Commentary”, in A. M. Godfrey (ed.), Miscellany Eight [Stair Society vol. 67] (Edinburgh, 2020), pp. 13–56 http://doi.org/10.36098/stairsoc/misc8.2 The Stair Society was founded in 1934 to encourage the study and advance the knowledge of the history of Scots Law, by the publication of original works, and by the reprinting and editing of works of rarity or importance. As a member of the Society, you will receive a copy of every volume published during your membership. Volumes are bound in hardcover and produced to a high quality. We also offer the opportunity to purchase past volumes in stock at substantially discounted prices; pre-publication access to material in press; and free access to the complete electronic versions of Stair Soci- ety publications on HeinOnline. Membership of the society is open to all with an interest in the history of Scots law, whether based in the UK or abroad. Indivi- dual members include practising lawyers, legal academics, law students and others. Corporate members include a wide range of academic and professional institutions, libraries and law firms. Membership rates are modest, and we offer concessionary rates for students, recently qualified and called solicitors and advocates, and those undertaking training for these qualifica- tions. -
The Atlas of Digitised Newspapers and Metadata: Reports from Oceanic Exchanges
THE ATLAS OF DIGITISED NEWSPAPERS AND METADATA: REPORTS FROM OCEANIC EXCHANGES M. H. Beals and Emily Bell with additional contributions by Ryan Cordell, Paul Fyfe, Isabel Galina Russell, Tessa Hauswedell, Clemens Neudecker, Julianne Nyhan, Mila Oiva, Sebastian Padó, Miriam Peña Pimentel, Lara Rose, Hannu Salmi, Melissa Terras, and Lorella Viola and special thanks to Seth Cayley (Gale), Steven Claeyssens (KB), Huibert Crijns (KB), Nicola Frean (NLNZ), Julia Hickie (NLA), Jussi-Pekka Hakkarainen (NLF), Chris Houghton (Gale), Melanie Lovell-Smith (NLNZ), Minna Kaukonen (NLF), Luke McKernan (BL), Chris McPartlanda (NLA), Maaike Napolitano (KB), Tim Sherratt (University of Canberra) and Emerson Vandy (NLNZ) Document: DOI:10.6084/m9.figshare.11560059 Dataset: DOI:10.6084/m9.figshare.11560110 Disclaimer: This project was made possible by funding from Digging into Data, Round Four (HJ-253589). Although we have directly consulted with the various institutions discussed in this report, the final findings, conclusions and recommendations expressed in this publication do not necessarily represent those of the discussed database providers or the contributors’ host institutions. Executive Summary Between 2017 and 2019, Oceanic Exchanges (http://www.oceanicexchanges.org), funded through the Transatlantic Partnership for Social Sciences and Humanities 2016 Digging into Data Challenge (https://diggingintodata.org), brought together leading efforts in computational periodicals research from six countries—Finland, Germany, Mexico, the Netherlands, the United Kingdom, and the United States—to examine patterns of information flow across national and linguistic boundaries. Over the past thirty years, national libraries, universities and commercial publishers around the world have made available hundreds of millions of pages of historical newspapers through mass digitisation and currently release over one million new pages per month worldwide. -
THE CURRENT STATUS of the CONTRACT CLAUSE the Contract
STILL IN EXILE? THE CURRENT STATUS OF THE CONTRACT CLAUSE JAMES W. ELY, JR.* The Contract Clause is no longer the subject of much judicial solici- tude or academic interest.1 Since the 1930s the once potent Contract Clause has been largely relegated to the outer reaches of constitu- tional law.2 This, of course, was not always the case. On the contrary, throughout the nineteenth century the Contract Clause was one of the most litigated provisions of the Constitution. In 1896, Justice George Shiras astutely commented: “No provision of the constitution of the United States has received more frequent consideration by this court than that which provides that no state shall pass any law impairing the obligation of contracts.”3 A brief survey of the evolution of con- tract clause jurisprudence helps to put into perspective the current desuetude of the Clause. I. HISTORICAL BACKGROUND The first provision protective of contractual rights was contained in the Northwest Ordinance of July 1787.4 Its adoption anticipated * Milton R. Underwood Professor of Law, Emeritus, and Professor of History, Emeritus, Vanderbilt University. This Article is an expanded version of remarks presented at the Fifteenth Annual Brigham-Kanner Property Rights Conference at the College of William & Mary on October 5, 2018. I want to thank Katie Hanschke of the Massey Law Library of Vanderbilt University for her valuable research assistance. I also wish to thank David F. Forte for his helpful comments on an earlier version of this Article. 1. Article I, Section 10 of the Constitution provides, in part: “No State . shall pass any . -
Act of Sederunt (Summary Applications, Statutory Applications and Appeals Etc
SCOTTISH STATUTORY INSTRUMENTS 2019 No. 140 SHERIFF COURT Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Labour Market Enforcement Orders) 2019 Made - - - - 17th April 2019 Laid before the Scottish Parliament 18th April 2019 Coming into force - - 18th May 2019 In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013( a), the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks appropriate. The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 104(1) of the Courts Reform (Scotland) Act 2014( b) and all other powers enabling it to do so. Citation and commencement, etc. 1. —(1) This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Labour Market Enforcement Orders) 2019. (2) It comes into force on 18th May 2019. (3) A certified copy is to be inserted in the Books of Sederunt. Amendment of the Summary Application Rules 1999 2. —(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999( c) is amended in accordance with this paragraph. (2) In Part XLIX (illegal working orders)( d)— (a) in the Part heading, after “WORKING” insert “AND LABOUR MARKET ENFORCEMENT”; (b) after rule 3.49.3 (applications for compensation) insert— (a) 2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3), and by the Inquiries into Fatal Accidents and Sudden Deaths etc.