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This article uses a 1911 case from Singapore (»the Six Widows’ case«) to discuss the issues arising from the introduction of common law into the Straits Settlements. It examines the reasoning behind the introduction of common law, and how common law dealt with its interface within the Asian context, specifically with regard to Chinese customary law. It discusses what was at stake in this case, alternative approaches, and the debates the case led to regarding Chinese marriages and family law more generally. The addition of a case study on undue influence in the law of contract leads to the conclusion that judicial reasoning, common-law style, is in general adequate to bridge the gap between law and society.

This paper intends to delve into Roscoe Pound’s thought, enhancing his teleological conception of law as a key to understanding Pound’s historicism, pragmatism and functionalism. The Author will also deal with the Poundian contribution within a ‘situated’ perspective aimed at stressing some ‘genetic’ traits of American legal realism in relation to the specific history of the evolution of the common law in the US context. The text has the objective to discuss the theoretical-legal matrix of Pound’s theoretical reflection and its afference to legal science, highlighting his attitude to address the macro-theme of the constitutive principles of the law itself.

The medical certificate from the Maison Départementale des Personnes Handicapées (MDPH) provides the essential information for the MDPH multidisciplinary team to assess the child's compensation needs. This assessment, combined with consideration of the child's life project and environmental factors, will be decisive in the choice of compensation measures to be put in place. It is therefore important that GPs are able to complete the certificate in a relevant manner. The compensation needs of children with TSLA are often covered by a common law response. However, the severity of the disorders, their impact on the social and daily life of children and the presence of comorbidity may lead to requesting a specific legal response and therefore obtaining an MDPH certificate. [ABSTRACT FROM AUTHOR]

The author underlines the importance of linguistic competencies and of encyclopedic knowledge for the translation of Common Law sales contracts. Based on the principles of the Interpretive Theory of Translation and emphasizing its relevance and originality in the field of Translation Studies, the paper states that translation is a cognitive act, whose success depends on specific mechanisms implemented by the translator. Translating means interpreting the original meaning and constantly resorting to the cognitive context and baggage, as illustrated in the applicative section of the paper.

When we talk about legal Spanish, it is necessary to bear in mind that the Spanish language is the vehicle of different legal systems, not only at an international level, but also within the same country. In this regard, we focus on the particular separation of powers in Spain to deepen the issue of the autonomous communities and the special rights still in effect in some of them (Aragón, Baleares, Cataluña, Galicia, Navarra and País Vasco). The coexistence between the Spanish common civil law and the regional laws (derechos forales) not only generates conflicts in the Spanish civil jurisdiction, but also implies some linguistic peculiarities that affect the horizontal translation of different types of legal texts. After a brief history of the creation and legal evolution of Spanish regional laws (fueros), we will propose a glossary of simple and compound Spanish terms, regarding Family and Inheritance Law. These regional terms are characterized by having partial or zero functional equivalence with the Spanish and Italian common law. The object of analysis is the language of Family Law because it is characterized by a lot of technical terms and it is an area where regional laws interfere more with the common civil law. Therefore, this paper aims to offer some contribution to legal Spanish studies, by exploring the terminology of foral family laws and "the possibility of translating legal realities" (Borja Albi 2005) that don't exist in other legal systems. [ABSTRACT FROM AUTHOR]

This paper will start with a discussion of the United States experience of judicial review. It is important to address a different method, the common law method, because the new constitutional court in Iraq needs to look at a variety of approaches around the world. The United States’ judicial review has its vital roots in a repugnancy theory of a sort, and this repugnancy can be compared in some helpful ways with Iraqi repugnancy clause of Article 2. The U.S. Supreme Court has created broad ways to interpret the text that Iraq can apply, but in limited ways because of the disparate circumstances of both countries. To see this clearly, we need to take a closer look at the roots and scope of the judicial review in the United States. Then, using the comparative method to see if the Iraqi court can apply the United States method of judicial review.

In Canadian common law**, good faith in contracts is limited to specific areas; there is no general obligation of good faith. In Bhasin v. Hrynew, the Supreme Court of Canada, sought to remedy this shortcoming by recognising, first, a general organising principle of good faith and, secondly, an obligation to act honestly in executing a contract. It left it to the lower courts to determine how the new principle would be applied. The Court used the common law methodology to break out of the narrow analytical limits of the common law and to broaden the scope of good faith. However, this precedent did not have the desired effect. The limited definition of good faith given by the Supreme Court of Canada led the lower courts to reduce Bhasin v. Hrynew to a case only applicable to its particular facts. Faced with the indeterminacy of the principle and its scope, the courts of appeal distinguished Bhasin v. Hrynew using a range of techniques, among others, a recourse to the rules of the common law to limit its field of application instead of a recourse to the new decision to change the rules of the common law. The Uniform Commercial Code and the Civil Code of Quebec, to which the Court referred to justify the introduction of the general organising principle in the common law provided a roadmap, which the lower courts did not adopt, for its development.

Illuminated books of the English legal tradition follow distinct iconographic patterns depending on the nature of the legal material included. The article explores correlations and dissonance between image and text as well as the symbolism associated with the imagery (in both initials and the margins) and its connection to political, legal and social discourses. It evaluates what the images reveal about key concepts of medieval law and justice, including kingship and good governance, the role of parliament and the church in endorsing these, as well as how these aspects might be undermined (or paradoxically confirmed) by medieval society’s penchant for role reversal, transgression and misrule.

It was settled in the jurisprudence mind that the law divided in to two section, private law and public law. And each of these sections collect some kinds of rules. This dividing depends on some criteria such as the public interest and the personality of the parties who create the legal action. Nowadays, there is a remarkable improvement in the legal area, because of the economic improvement which makes the state one of the parties in the economic legal actions. This makes the legal jurisprudence ask about the nature of these new legal actions, in which section of law have we consider it? And from this view they turn to look at the law as one whole section without any dividing in to private and public branches. In this essay, we will study this view, and find the final conclusion about the dividing for law, is it a truth or a myth?

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Is judicial truth a uniform concept, with the same meaning, or at least, the same scope in common law and civil law ? It is suggested here that it is not. The expression seems to be more accurate in common law. Judicial truth, in this legal system, is intimately linked to the stare decisis doctrine which lends it a more general and sustainable scope.What about the province of Quebec, where the civil procedure is hybrid ? Is it supposed to propagate judicial truth over time or not ? The answer is not unequivocal ; case law, including that of the Supreme Court of Canada, considers that the rule of precedent is present but watered down in the Quebec private law.

The theories of legal argumentation, globalization in the legal field and the consolidation of constitutional jurisdictions have promoted the progressive centrality of jurisprudence in our days, thanks to the leading role recognized in the judicial function. Jurisprudence, judicial precedents and legal doctrine are concepts that although they are closely related concepts, do not mean the same nor do they entail the same degree of connection for the judge. If we add to this the confusion that results from using concepts in the continental system to which we give the meaning it has in the Anglo-Saxon system, the situation of confusion 268increases. In this work we will pay special attention to the doctrine of the judicial precedent. The approach of civil law to common law, the distinction between precedent, jurisprudence and legal doctrine will be analyzed. The doctrine of precedents will be examined in various contexts such as in the Spanish Constitutional Court, in Mexico and in Brazil, paying special attention to the universality of precedents and mandatory precedents, which raises questions as to whether independence will not be invaded of the judge.

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Summary: The numerous translations through which the Commentaries on the Laws of England by William Blackstone – a milestone in the history of the common law – became known in France, and thus contributed for the first time to acquaint French jurists with English law, have been largely neglected by legal historians. The first section of the present contribution introduces the French anglophile visitors to England who, during the second half of the eighteenth century, disseminated the work of William Blackstone and its first translations in France. The biography and work of these first translators require a detailed examination. A second section assesses the influence of these translations, particularly in the legal and political debates on the English trial by jury in the context of revolutionary legislation. A third section considers the later translations of Blackstone's work during the Napoleonic period and the following years. Finally, a call for further research outlines the impact of that translation literature. [ABSTRACT FROM AUTHOR]

Copyright of Revue Generale de Droit is the property of Universite d'Ottawa, Section de Droit Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revue Generale de Droit is the property of Universite d'Ottawa, Section de Droit Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Bucharest University Annals - Law Series is the property of CH Beck Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The present paper tries to explain the economic matrimonial regime in the United Kingdom and its differences with the Spanish matrimonial economic regime. It addresses the judicial allocation of the estate according to the principle of equity and their differences and similarities with the legal economic regime of separation of property.

Given that the special laws on industrial property (trademarks, geographical indications, patents, models and industrial designs) do not contain any special rules regarding the procedural particularities of the Presidential Ordinance for taking measures to stop acts of infringement of industrial property rights, we propose to present the special legal conditions of common law for the exercise of the presidential ordinance, provided for in art. 997, par. 1 Code of Civil Procedure, in the light of the particularities determined by the specificity of industrial property rights.

This paper sets out to show the importance of judicial precedents by examining Shakespeare's The Merchant of Venice, since the theory of binding precedents, originally known as stare decisis, has its origin in British law. It is intended to address, albeit briefly, the history of precedents in its birthplace, drawing a parallel between the British legal culture and the play, in a historical perspective. It will be noted that at the time the play was written by the playwright of Stratford-upon-Avon, there was already a judicial culture about precedents, as evidenced by the analysis of contemporary court decisions around the period in which the play was probably written. The specific focus is the excerpt of the famous trial for the execution of guarantee of the promissory note, which authorized the creditor to cut a pound off the debtor's flesh, when Portia, one of the characters, states: “Impossible; there is no power in Venice that can alter a sacramental decree. It would be recorded as a precedent, and many wrongful lawsuits, once given that example, would pour over the state. Impossible”. In medieval England, it is clear – and Shakespeare's work points out – the importance of judicial precedents, as well as their relevance in guiding the conduct of citizens in their relations outside the law. The speech suggests that a judicial decision generates protection of trust and legitimate expectation, not only for the parties to the concrete case, but for society as a whole.

Copyright of Pouvoirs is the property of Editions du Seuil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The intensity of the law’s interaction with gift giving suggests that examining their relationship might produce interesting insights about both gift giving and the law. Yet no social scientist has seriously examined the gift norms included in modern systems of private law. The complexity of gift law is due to the interaction of two competing social ideas: the law’s concern that gift giving represents a danger to society; and the power of customary gift obligations to engender and maintain social relationships. The law gets involved in gift giving when it feels that the parties need some protection, and this involvement varies considerably among legal systems. Some systems are suspicious of inter vivos transfers, while others tend to view gifts as they view exchange. Since the law’s formal requirements do not displace customary obligations this field provides an opportunity to examine how the law is shaped by the customary obligations Mauss elaborated.

A intensidade da interação da lei com a realização de doações sugere que o exame dessa relação pode produzir deduções interessantes tanto sobre as doações quanto sobre a lei. No entanto, nenhum cientista social já examinou seriamente as normas sobre doação incluídas nos modernos sistemas de direito privado. A complexidade do regime das doações se deve à interação de duas ideias sociais concorrentes: a preocupação legal de que doações representam um perigo à sociedade e o poder das obrigações consuetudinárias de doar para engendrar e manter relações sociais. A lei se envolve na realização de doações quando sente que as partes precisam de proteção, e esse envolvimento varia consideravelmente entre os sistemas jurídicos. Alguns sistemas suspeitam de transferências inter vivos, ao passo que outros tendem a ver doações como permutas. Como os requisitos legais formais não afastam obrigações costumeiras, esse campo provê uma oportunidade de examinar como a lei é moldada pelas obrigações consuetudinárias que Mauss elaborou.

This study analyses the matter of implied terms from the point of view of both English and Romanian law. First, the introductory section provides a brief overview of implied terms, by defining this class of contractual clauses and by providing their general features. Second, the English law position is analysed, where it is generally recognised that a term may be implied in one of three manners, which are described in turn. An emp hasis is made on the Privy Council’s decision in Attorney General of Belize v Belize Telecom Ltd and its impact. Third, the Romanian law position is described, the starting point of the discussion being represented by the provisions of Article 1272 of the 2009 Civil Code. Fourth, the study ends by mentioning some points of comparison between the two legal systems in what concerns the approach towards implied terms.

Thin skull doctrine, living tree, blue-sky law, clean hands, cloud on title… Les métaphores occupent à l’évidence une place centrale dans le vocabulaire juridique anglais. Comment expliquer le succès de cette figure de style dans le langage de la common law ? Les métaphores juridiques permettent de rendre accessibles, au moyen d’images évocatrices et familières, des concepts qui, sans elles, resteraient abstraits. C’est là une de leurs fonctions, parmi d’autres que nous nous efforcerons de cerner dans le cadre de la présente communication. Après un rapide survol de deux familles de métaphores particulièrement productives en anglais juridique (les métaphores corporelles et les métaphores « naturelles » au sens large), nous nous interrogerons sur la traduction des métaphores. Nous verrons qu’au-delà de la règle générale (adaptation de la métaphore rendue nécessaire par le degré d’abstraction supérieur du français), d’autres techniques de traduction sont également possibles, dont la traduction littérale. Nous nous pencherons également sur le cas particulier des métaphores « filées », qui peuvent parfois justifier le recours à une traduction littérale.

This essay seeks to investigate why the conceptions of Law belonging to civil law and common law traditions are so hard to bridge, as well as to propose perspectives for a dialog between comparative legal scholars from both systems, by showing what one law experience has to learn from the other.

Copyright of Politiques Sociales is the property of Service Social dans le Monde, asbl and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article explores the historical roots of gendered unequal access to property in the two European legal systems, Common Law and the so-called continental codes (civil law), which have become hegemonic through colonial expansion, the postcolonial state and globalisation. The generalisation of the Western model of private property, a process partly supported by the application of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, has led to an exacerbation of gender inequalities, while simultaneously destroying the diversity of legal systems. Should we be reinforcing the individual property rights of women, or promoting a return to 'customary' legal systems? The new theory of the commons could allow us to move beyond this dilemma. [ABSTRACT FROM AUTHOR]

Sir Frederick Pollock (1845-1937), a leading English historian and a specialist of the Common Law, gave a series of lectures at the University of Columbia (New York) in 1911. Entitled The Genius of the Common Law, they initiated a female personification of this system of law which, to all appearances, has strongly influenced the way lawyers from both sides of the Atlantic think of the law, as is shown by a number of books, articles and speeches published since. Besides, the other main source of case law, Equity, is also referred to in terms of feminine metaphors. This feminisation of both Common Law and Equity has generated a legal rhetoric based on specific feminine figures. This article will analyse Sir Pollock’s lectures as well as certain aspects of Gary Watt’s Equity Stirring – The Story of Justice Beyond Law (2012) and will discuss the grammatical link that should or should not be made with these figures when we use the term “Common Law” in French.

While the project of law-making has seemed an obvious and inherent part of empire-building, and law-delivery has often been a justifying rationale for imperialism, this paper asks more detailed questions about the travels of law. How is a ‘universal’ law made ‘local’, and to what effect? How have past and contemporary legal delivery projects delineated between the categories of local and universal? Our analytic project, therefore, is not simply that law travels, but with whom; not just that it is carried, but alongside what other commodities and baggage; not just that it moves, but that it is transformed by its passage across borders and among localities. Further, whereas much of rule of law and imperial law scholarship sees legal travel as from metropole to colony, this paper argues that ports of call are equally important for the fate of law. Aunque el proyecto de legislación parecía una parte obvia e inherente al proceso de construcción del imperio, y la creación de leyes ha sido a menudo una justificación para el imperialismo, este artículo lanza preguntas más detalladas sobre los recorridos del derecho. ¿Cómo se convierte una ley “universal” en “local”, y qué efectos conlleva? ¿Cómo han diferenciado entre las categorías “local” y “universal” los proyectos de legislación pasados y contemporáneos? Así pues, nuestro proyecto analítico no concluye simplemente que la ley tiene un recorrido, sino con quién; no simplemente que es transportada, sino con qué otras comodidades y equipaje; no sólo que se mueve, sino que se transforma en su viaje a través de límites y localizaciones. Es más, mientras que gran parte de la comunidad científica del estado del derecho y el imperio del derecho ve que las leyes van de la metrópoli a la colonia, este artículo defiende que las escalas que realiza son igual de importantes para el destino del derecho. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2009231

The analysis of the European law, jurisprudence created wants to have that purpose, the idea ofjustice unique at European Union level, based on the comparison of the two main systems that act as currentEU members, namely: the Roman-Germanic legal system and common law system (common-law).Observing the link between the European legal order and its Member States to ascertain the relationship basedon the principle of direct integration of European law into national law of Member States and the principle ofprimacy of European law over domestic law, principles which were stated by the Court of Justice.Increasingly we can see that, besides the current territorial globalization, and globalization of justice is basedon general principles of law and would, establish common ground for all other existing legal systems, aimingto equilibrium coexistence of all citizens, in order to respect fundamental rights and freedoms.

The system of copyright offers more than contemporary perceptions would have us believe. Embedded within its design of control are ethical measures which enhance creative liberty. Properly handled, such measures facilitate the use, and protection, of the common stock of knowledge. This paper examines the intricacies of copyright via the contribution of Harold A. Innis (1894-1952). His expertise with communication, economics, and the law touch the very ambit of copyright. His passion for creating an atmosphere conducive to individual creative liberty has direct relevance to the goals of copyright. Copyright is deemed to function as the means to encourage both creativity and respect for individuality. The late James Carey (1934-2006) said, “Innis’ books . . . are not merely things to read, but things to think with” (Carey, 1981: 73). Innis’ ideas, particularly his belief that creativity is fostered through the interaction of mainstream thinking with conditions wrought by life in the periphery, show themselves not only in the construction of Canadian copyright law, but in recent interpretation as well.

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Copyright of Clio. Femmes, Genre, Histoire is the property of Belin Editeur and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Origem do Direito Administrativo. O Direito Administrativo na França: paradoxos. O Direito Administrativo e o sistema da common law. Bases do Direito Administrativo brasileiro. Inovações no Direito Administrativo e as influências do direito estrangeiro. Princípio da legalidade e Direito Administrativo. Participação popular. Alterações na idéia de discricionariedade. Alterações no conceito de serviço público. Movimento de agencificação e introdução da atividade de regulação. Princípio da subsidiariedade e Direito Administrativo. Fuga do Direito Administrativo.

Copyright of Ottawa Law Review is the property of University of Ottawa, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)