H. Patrick Glenn
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199227655
- eISBN:
- 9780191713606
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199227655.001.0001
- Subject:
- Law, Comparative Law, Legal History
The concept of common law has been one of the most important conceptual instruments of the western legal tradition, but it has been neglected by legal theory and legal history for the last two ...
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The concept of common law has been one of the most important conceptual instruments of the western legal tradition, but it has been neglected by legal theory and legal history for the last two centuries. There were many common laws in Europe, including what is known in English as the common law, yet they have never previously been studied as a general phenomenon. Until the 19th century, the common laws of Europe lived in constant interaction with the particular laws which prevailed in their territories, and with one another. Common law was the main instrument of conciliation of laws which were drawn from different sources, though applicable on a given territory. Claims of universality could be, and were, reconciled with claims of particularity. Nineteenth and 20th century legal theory taught that law was the exclusive product of the state, yet common laws continued to function on a world-wide basis throughout the entire period of legal nationalism. As national legal exclusivity is increasingly challenged by the process of globalization, the concept of common law can be looked to once again as a means of conceptualization and justification of law beyond the state, while still supporting state and other local forms of normativity.Less
The concept of common law has been one of the most important conceptual instruments of the western legal tradition, but it has been neglected by legal theory and legal history for the last two centuries. There were many common laws in Europe, including what is known in English as the common law, yet they have never previously been studied as a general phenomenon. Until the 19th century, the common laws of Europe lived in constant interaction with the particular laws which prevailed in their territories, and with one another. Common law was the main instrument of conciliation of laws which were drawn from different sources, though applicable on a given territory. Claims of universality could be, and were, reconciled with claims of particularity. Nineteenth and 20th century legal theory taught that law was the exclusive product of the state, yet common laws continued to function on a world-wide basis throughout the entire period of legal nationalism. As national legal exclusivity is increasingly challenged by the process of globalization, the concept of common law can be looked to once again as a means of conceptualization and justification of law beyond the state, while still supporting state and other local forms of normativity.
Stephen Cretney
- Published in print:
- 1998
- Published Online:
- March 2012
- ISBN:
- 9780198268710
- eISBN:
- 9780191683565
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268710.001.0001
- Subject:
- Law, Family Law
This collection of essays examines the process and problems of law reform with special reference to the development of family law. The author demonstrates the different pressures and influences that ...
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This collection of essays examines the process and problems of law reform with special reference to the development of family law. The author demonstrates the different pressures and influences that affect the development of the law, including the views of judges, the advice of civil servants and the requirements of Parliamentary drafting to an extent which has not previously been appreciated. Topics covered include the involvement of the Catholic Church in the 1969 divorce reforms; the struggle for power within the family from 1925 to 1975; approaches to the reform of intestacy; the Children Act of 1948; and the early days of marriage conciliation.Less
This collection of essays examines the process and problems of law reform with special reference to the development of family law. The author demonstrates the different pressures and influences that affect the development of the law, including the views of judges, the advice of civil servants and the requirements of Parliamentary drafting to an extent which has not previously been appreciated. Topics covered include the involvement of the Catholic Church in the 1969 divorce reforms; the struggle for power within the family from 1925 to 1975; approaches to the reform of intestacy; the Children Act of 1948; and the early days of marriage conciliation.
HUGH M. THOMAS
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199251230
- eISBN:
- 9780191719134
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199251230.003.0005
- Subject:
- History, British and Irish Medieval History
This chapter provides a chronological overview of ethnic relations between the English and the Normans through to the end of the 12th century, by which time cultural assimilation seems to have been ...
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This chapter provides a chronological overview of ethnic relations between the English and the Normans through to the end of the 12th century, by which time cultural assimilation seems to have been complete. It emphasises the harshness and brutality of the Norman conquest and therefore of the dealings between the two peoples during the reign of William the Conqueror. The chapter explains and underscores the early hostility between English and Normans, which can too easily be minimised through the lens of hindsight, and shows just how surprising is the speed with which assimilation took place. The changing relations of the two peoples over succeeding reigns and generations are discussed, focusing on the timing of conciliation and assimilation between the English and Normans.Less
This chapter provides a chronological overview of ethnic relations between the English and the Normans through to the end of the 12th century, by which time cultural assimilation seems to have been complete. It emphasises the harshness and brutality of the Norman conquest and therefore of the dealings between the two peoples during the reign of William the Conqueror. The chapter explains and underscores the early hostility between English and Normans, which can too easily be minimised through the lens of hindsight, and shows just how surprising is the speed with which assimilation took place. The changing relations of the two peoples over succeeding reigns and generations are discussed, focusing on the timing of conciliation and assimilation between the English and Normans.
MICHAEL WHEATLEY
- Published in print:
- 2005
- Published Online:
- January 2010
- ISBN:
- 9780199273577
- eISBN:
- 9780191706165
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199273577.003.0004
- Subject:
- History, British and Irish Modern History
Political rhetoric, whether defined as the calculated use of public language by practitioners of ‘high’ politics or the everyday, background noise of local politicians, suffused the Irish provincial ...
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Political rhetoric, whether defined as the calculated use of public language by practitioners of ‘high’ politics or the everyday, background noise of local politicians, suffused the Irish provincial press. ‘Nationalist’ political language covered a strikingly wide variety of attitudes — from conciliation to threat; from democratic radicalism, to Whiggish imperialism, to visceral Anglophobia. Examples of the full range of this rhetoric could be found in the language of mainstream politicians and newspapers throughout the pre-war period. Locally, however, although virtually all professed their loyalty to Redmond, only a minority sympathised instinctively with the conciliation that he advocated. The passive ‘background noise’ of nationalist rhetoric was suffused with a vocabulary of heroic struggle, grievance, injustice, and enemies. A clear strain of Anglophobia was expressed by politicians, clerics, and newspapers. The language that was to be used during the more general political crises of 1914 or 1916–18 was already fully developed.Less
Political rhetoric, whether defined as the calculated use of public language by practitioners of ‘high’ politics or the everyday, background noise of local politicians, suffused the Irish provincial press. ‘Nationalist’ political language covered a strikingly wide variety of attitudes — from conciliation to threat; from democratic radicalism, to Whiggish imperialism, to visceral Anglophobia. Examples of the full range of this rhetoric could be found in the language of mainstream politicians and newspapers throughout the pre-war period. Locally, however, although virtually all professed their loyalty to Redmond, only a minority sympathised instinctively with the conciliation that he advocated. The passive ‘background noise’ of nationalist rhetoric was suffused with a vocabulary of heroic struggle, grievance, injustice, and enemies. A clear strain of Anglophobia was expressed by politicians, clerics, and newspapers. The language that was to be used during the more general political crises of 1914 or 1916–18 was already fully developed.
Adam Elga
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199226078
- eISBN:
- 9780191594236
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199226078.003.0008
- Subject:
- Philosophy, Moral Philosophy, Metaphysics/Epistemology
This chapter argues for the incoherence of unrestricted conciliatory views according to which one ought always to modify one's view in the direction of one's peer in cases of peer disagreement. It ...
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This chapter argues for the incoherence of unrestricted conciliatory views according to which one ought always to modify one's view in the direction of one's peer in cases of peer disagreement. It contends that such views face incoherence when applied to themselves, and goes on to defend a partly-conciliatory view, recommending conciliation on topics other than disagreement itself.Less
This chapter argues for the incoherence of unrestricted conciliatory views according to which one ought always to modify one's view in the direction of one's peer in cases of peer disagreement. It contends that such views face incoherence when applied to themselves, and goes on to defend a partly-conciliatory view, recommending conciliation on topics other than disagreement itself.
CHRISTOPHER DUGGAN
- Published in print:
- 2002
- Published Online:
- January 2010
- ISBN:
- 9780198206118
- eISBN:
- 9780191717178
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198206118.003.0014
- Subject:
- History, European Modern History
Like his great role model, Otto von Bismarck, Francesco Crispi saw emotions as weapons in the statesman's armoury. Fear, anger, uncertainty, jealousy, indignation, and hatred were tools of politics, ...
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Like his great role model, Otto von Bismarck, Francesco Crispi saw emotions as weapons in the statesman's armoury. Fear, anger, uncertainty, jealousy, indignation, and hatred were tools of politics, as valid as reason, but potentially far more powerful given that in an age of democracy public opinion could be used to justify courses of action. Here was a dangerous legacy of democratic romanticism. Secretiveness was certainly an important element in Crispi's character. As prime minister this secretiveness was to reassert itself strongly, partly because he once again — certainly in foreign policy — felt himself to be an outsider surrounded by enemies: the court and much of the diplomatic corps distrusted him strongly; and he distrusted them. This chapter also examines the conflict between Crispi and the Roman Catholic Church regarding conciliation, with the influential deputy archivist of the Holy See, Padre Luigi Tosti, being caught in the middle.Less
Like his great role model, Otto von Bismarck, Francesco Crispi saw emotions as weapons in the statesman's armoury. Fear, anger, uncertainty, jealousy, indignation, and hatred were tools of politics, as valid as reason, but potentially far more powerful given that in an age of democracy public opinion could be used to justify courses of action. Here was a dangerous legacy of democratic romanticism. Secretiveness was certainly an important element in Crispi's character. As prime minister this secretiveness was to reassert itself strongly, partly because he once again — certainly in foreign policy — felt himself to be an outsider surrounded by enemies: the court and much of the diplomatic corps distrusted him strongly; and he distrusted them. This chapter also examines the conflict between Crispi and the Roman Catholic Church regarding conciliation, with the influential deputy archivist of the Holy See, Padre Luigi Tosti, being caught in the middle.
Amalia D. Kessler
- Published in print:
- 2017
- Published Online:
- May 2017
- ISBN:
- 9780300198072
- eISBN:
- 9780300224849
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300198072.001.0001
- Subject:
- Law, Legal History
It is widely accepted that American procedure—and indeed American legal culture as a whole—are adversarial (and distinctively so). Yet, precisely because this assumption is so deep-rooted, we have ...
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It is widely accepted that American procedure—and indeed American legal culture as a whole—are adversarial (and distinctively so). Yet, precisely because this assumption is so deep-rooted, we have no history of how American adversarialism arose. This book provides such a history. It shows that the United States long employed not only lawyer-empowering adversarial procedure, but also various forms of more judge-dependent, quasi-inquisitorial procedure—including the equity tradition borrowed from England and, to a lesser extent, conciliation courts transplanted from continental Europe. However, the United States largely abandoned quasi-inquisitorial procedure by the close of the Civil War and Reconstruction, committing itself to lawyer-driven adversarialism. In explaining this turn to the adversarial, the book looks to developments both internal and external to the law. Among the key internalist factors on which the book focuses are the rise of the previously unknown category of “procedure”, as well as a set of seemingly small changes in the approach to taking testimony before equity-court officials known as masters in chancery, which ended up having unintended systemic consequences. So, too, from a more externalist perspective, the book traces how advocacy of adversarialism became intimately linked with demands for a largely unregulated market and the preservation of white supremacy. The product of deep-rooted inheritances, as well as more immediate and contingent occurrences, the nineteenth-century embrace of adversarsarialism would prove deeply consequential, shaping Americans’ experience of the law down to the present, often in ways that constrain rather than expand access to justice.Less
It is widely accepted that American procedure—and indeed American legal culture as a whole—are adversarial (and distinctively so). Yet, precisely because this assumption is so deep-rooted, we have no history of how American adversarialism arose. This book provides such a history. It shows that the United States long employed not only lawyer-empowering adversarial procedure, but also various forms of more judge-dependent, quasi-inquisitorial procedure—including the equity tradition borrowed from England and, to a lesser extent, conciliation courts transplanted from continental Europe. However, the United States largely abandoned quasi-inquisitorial procedure by the close of the Civil War and Reconstruction, committing itself to lawyer-driven adversarialism. In explaining this turn to the adversarial, the book looks to developments both internal and external to the law. Among the key internalist factors on which the book focuses are the rise of the previously unknown category of “procedure”, as well as a set of seemingly small changes in the approach to taking testimony before equity-court officials known as masters in chancery, which ended up having unintended systemic consequences. So, too, from a more externalist perspective, the book traces how advocacy of adversarialism became intimately linked with demands for a largely unregulated market and the preservation of white supremacy. The product of deep-rooted inheritances, as well as more immediate and contingent occurrences, the nineteenth-century embrace of adversarsarialism would prove deeply consequential, shaping Americans’ experience of the law down to the present, often in ways that constrain rather than expand access to justice.
J. E. Cookson
- Published in print:
- 1997
- Published Online:
- October 2011
- ISBN:
- 9780198206583
- eISBN:
- 9780191677236
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198206583.003.0007
- Subject:
- History, British and Irish Modern History, Military History
This chapter examines the very different response Pittite ‘military politics’ generated on the other side of the Irish Sea. Catholic military service, ...
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This chapter examines the very different response Pittite ‘military politics’ generated on the other side of the Irish Sea. Catholic military service, particularly in the Irish militia, did much to provoke Protestant self-defence and nationalism, and after William Pitt the British government moved away from the idea that Ireland could be made secure by a policy of Catholic conciliation and inclusion. The raising of Irish home forces raised the question of who it was safe to arm in an acute form, part of the immensely divisive effect the war had on Irish society. Appearances, however, can be deceptive; the integration of Irish military forces into a British-imperial strategic system was not as complete as their service might suggest. To keep desertion rates down and generally to avoid problems with the civilian population, regular regiments with large numbers of Irish recruits were removed from Ireland as soon as possible.Less
This chapter examines the very different response Pittite ‘military politics’ generated on the other side of the Irish Sea. Catholic military service, particularly in the Irish militia, did much to provoke Protestant self-defence and nationalism, and after William Pitt the British government moved away from the idea that Ireland could be made secure by a policy of Catholic conciliation and inclusion. The raising of Irish home forces raised the question of who it was safe to arm in an acute form, part of the immensely divisive effect the war had on Irish society. Appearances, however, can be deceptive; the integration of Irish military forces into a British-imperial strategic system was not as complete as their service might suggest. To keep desertion rates down and generally to avoid problems with the civilian population, regular regiments with large numbers of Irish recruits were removed from Ireland as soon as possible.
Martin Pugh
- Published in print:
- 2002
- Published Online:
- October 2011
- ISBN:
- 9780199250226
- eISBN:
- 9780191697890
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199250226.003.0009
- Subject:
- History, British and Irish Modern History, Social History
This chapter approaches suffragism through the perspective of its opponents. It shows the fitful nature of organized anti-suffragism and emphasizes that its chief efforts came too late in the day to ...
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This chapter approaches suffragism through the perspective of its opponents. It shows the fitful nature of organized anti-suffragism and emphasizes that its chief efforts came too late in the day to offer any effective check to the long-term social and political trends which worked in the suffragists' favour. It also underlines the fundamental flaws in anti-suffragism, notably its attempt to combine male Antis with female Antis who were often feminists. As late as 1912 the Antis themselves faced as great a crisis as the suffragists. They were finding it difficult to obtain speakers and to maintain local branches; defection and disillusionment especially among female members weakened the organization; and even the defeat of the Conciliation Bill could not obscure the minority status of Anti-Suffragism in the Commons.Less
This chapter approaches suffragism through the perspective of its opponents. It shows the fitful nature of organized anti-suffragism and emphasizes that its chief efforts came too late in the day to offer any effective check to the long-term social and political trends which worked in the suffragists' favour. It also underlines the fundamental flaws in anti-suffragism, notably its attempt to combine male Antis with female Antis who were often feminists. As late as 1912 the Antis themselves faced as great a crisis as the suffragists. They were finding it difficult to obtain speakers and to maintain local branches; defection and disillusionment especially among female members weakened the organization; and even the defeat of the Conciliation Bill could not obscure the minority status of Anti-Suffragism in the Commons.
G. A. Hayes-Mccoy
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780199562527
- eISBN:
- 9780191701849
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562527.003.0003
- Subject:
- History, British and Irish Early Modern History
This chapter describes Edward VI's reign in Ireland, which began a period of alternation between conciliation and coercion that was to become a settled pattern of her relationship with England for a ...
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This chapter describes Edward VI's reign in Ireland, which began a period of alternation between conciliation and coercion that was to become a settled pattern of her relationship with England for a long time. The Tudor attempt to settle Ireland proceeded uneasily. The state still had hope of attaining its end by conciliation, but the military resources of the deputies were steadily increased, and, although the power of the administration was as yet quite inadequate for a military conquest, the use of force to secure short-term objectives was becoming more and more attractive. The parliament that Sidney summoned in January 1569 was used to promote the policy of conquest. Still representative only of that part of the island where English control or influence were manifest, much of the increase being made up, to match the current domination of the Irish administration by Englishmen, by English newcomers.Less
This chapter describes Edward VI's reign in Ireland, which began a period of alternation between conciliation and coercion that was to become a settled pattern of her relationship with England for a long time. The Tudor attempt to settle Ireland proceeded uneasily. The state still had hope of attaining its end by conciliation, but the military resources of the deputies were steadily increased, and, although the power of the administration was as yet quite inadequate for a military conquest, the use of force to secure short-term objectives was becoming more and more attractive. The parliament that Sidney summoned in January 1569 was used to promote the policy of conquest. Still representative only of that part of the island where English control or influence were manifest, much of the increase being made up, to match the current domination of the Irish administration by Englishmen, by English newcomers.
Jacqueline Hill
- Published in print:
- 1997
- Published Online:
- October 2011
- ISBN:
- 9780198206354
- eISBN:
- 9780191677083
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198206354.003.0013
- Subject:
- History, British and Irish Early Modern History
For almost fifteen years after 1815, Irish political life was dominated by the Catholic question. While many MPs could agree on the desirability of some sort of ‘conciliation’ of Catholics, the ...
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For almost fifteen years after 1815, Irish political life was dominated by the Catholic question. While many MPs could agree on the desirability of some sort of ‘conciliation’ of Catholics, the granting of full equality still presented serious difficulties. Admission to parliament would give Catholics the power to influence the affairs of the established church, yet they would brook no interference by the state in the affairs of their own church. Faced with the task of convincing Protestants that the extension of full political rights to Catholics was compatible with the maintenance of civil and religious liberty, spokesmen for the Irish Catholics in the post-war period could draw little comfort from the prevailing authoritarian outlook of the Catholic Church. It was the death on June 4, 1820 of the veteran Patriot Henry Grattan that precipitated emancipation into the forefront of Dublin electoral politics. The founding of a gentlemen's lodge in the capital in 1797 marked the consolidation of Dublin's leading role in the Williamite cult that was to become so central to the Orange Order.Less
For almost fifteen years after 1815, Irish political life was dominated by the Catholic question. While many MPs could agree on the desirability of some sort of ‘conciliation’ of Catholics, the granting of full equality still presented serious difficulties. Admission to parliament would give Catholics the power to influence the affairs of the established church, yet they would brook no interference by the state in the affairs of their own church. Faced with the task of convincing Protestants that the extension of full political rights to Catholics was compatible with the maintenance of civil and religious liberty, spokesmen for the Irish Catholics in the post-war period could draw little comfort from the prevailing authoritarian outlook of the Catholic Church. It was the death on June 4, 1820 of the veteran Patriot Henry Grattan that precipitated emancipation into the forefront of Dublin electoral politics. The founding of a gentlemen's lodge in the capital in 1797 marked the consolidation of Dublin's leading role in the Williamite cult that was to become so central to the Orange Order.
Robert Holland
- Published in print:
- 1998
- Published Online:
- October 2011
- ISBN:
- 9780198205388
- eISBN:
- 9780191676604
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198205388.003.0004
- Subject:
- History, European Modern History
This chapter examines the appointment of Field-Marshal Sir John Harding as British governor of Cyprus. Harding was only convinced to accept the Cyprus post by the personal plea of the Prime Minister ...
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This chapter examines the appointment of Field-Marshal Sir John Harding as British governor of Cyprus. Harding was only convinced to accept the Cyprus post by the personal plea of the Prime Minister Anthony Eden. However, there were mixed reactions to the appointment of a soldier in Cyprus. This chapter suggests that the tension and ultimately crippling contradictions between political conciliation and security imperatives bedevilled Harding's highly controversial governorship.Less
This chapter examines the appointment of Field-Marshal Sir John Harding as British governor of Cyprus. Harding was only convinced to accept the Cyprus post by the personal plea of the Prime Minister Anthony Eden. However, there were mixed reactions to the appointment of a soldier in Cyprus. This chapter suggests that the tension and ultimately crippling contradictions between political conciliation and security imperatives bedevilled Harding's highly controversial governorship.
J. H. Whyte
- Published in print:
- 2003
- Published Online:
- October 2011
- ISBN:
- 9780198217527
- eISBN:
- 9780191678240
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198217527.003.0013
- Subject:
- History, British and Irish Modern History
In the Republic of Ireland, the best word to describe the years 1968–1972 is ‘chequered’. Under Jack Lynch, who succeeded to the leadership on Seán Lemass's retirement as taoiseach in 1966, the ...
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In the Republic of Ireland, the best word to describe the years 1968–1972 is ‘chequered’. Under Jack Lynch, who succeeded to the leadership on Seán Lemass's retirement as taoiseach in 1966, the Fianna Fáil government survived throughout the period, but triumph and near-disaster succeeded each other with startling rapidity. The Catholic Church maintained its hold on the allegiance of the great majority in the Republic. In Northern Ireland, some gloomier epithet might seem appropriate. The province experienced its worst period of civil disorder since the 1790s. Not everything was uniformly bleak, though. There were forces making conciliation in the province, as well as forces making conflict, and they were not unevenly matched. Indeed, there were several occasions during these years in which it looked as if the forces of conciliation were going to prevail after all, and the most interesting problem for a historian to discuss is why, by a narrow margin, they came to be defeated.Less
In the Republic of Ireland, the best word to describe the years 1968–1972 is ‘chequered’. Under Jack Lynch, who succeeded to the leadership on Seán Lemass's retirement as taoiseach in 1966, the Fianna Fáil government survived throughout the period, but triumph and near-disaster succeeded each other with startling rapidity. The Catholic Church maintained its hold on the allegiance of the great majority in the Republic. In Northern Ireland, some gloomier epithet might seem appropriate. The province experienced its worst period of civil disorder since the 1790s. Not everything was uniformly bleak, though. There were forces making conciliation in the province, as well as forces making conflict, and they were not unevenly matched. Indeed, there were several occasions during these years in which it looked as if the forces of conciliation were going to prevail after all, and the most interesting problem for a historian to discuss is why, by a narrow margin, they came to be defeated.
Dan Bar-On
- Published in print:
- 2004
- Published Online:
- October 2011
- ISBN:
- 9780195166439
- eISBN:
- 9780199849796
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195166439.003.0012
- Subject:
- Religion, Religion and Society
Certain adjustments have to be made when dealing with long-term protracted conflicts since the notions of peaceful coexistence, forgiveness, and conciliation have to be considered in the context of ...
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Certain adjustments have to be made when dealing with long-term protracted conflicts since the notions of peaceful coexistence, forgiveness, and conciliation have to be considered in the context of cultural and historical human conditions, and in relating these with social-psychological processes. The chapter looks at forgiveness and conciliation from a psycho-dynamic point of view through citing how the Germans interacted with the Jewish people after the Holocaust, and the conflict between Israel and Palestine. In line with the Judeo-Christian lamb-wolf prophecy, this chapter identifies the possible reasons for lambs not to conciliate with the wolves and the possible effects of cultural and religious gaps.Less
Certain adjustments have to be made when dealing with long-term protracted conflicts since the notions of peaceful coexistence, forgiveness, and conciliation have to be considered in the context of cultural and historical human conditions, and in relating these with social-psychological processes. The chapter looks at forgiveness and conciliation from a psycho-dynamic point of view through citing how the Germans interacted with the Jewish people after the Holocaust, and the conflict between Israel and Palestine. In line with the Judeo-Christian lamb-wolf prophecy, this chapter identifies the possible reasons for lambs not to conciliate with the wolves and the possible effects of cultural and religious gaps.
Burnett Bolloten
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9781469624464
- eISBN:
- 9781469624488
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469624464.003.0041
- Subject:
- History, European Modern History
This chapter describes the political lead-up to the events of May 1937. Political divisions were emerging within the government, the conflict eventually coming to a head in December 1936, to the ...
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This chapter describes the political lead-up to the events of May 1937. Political divisions were emerging within the government, the conflict eventually coming to a head in December 1936, to the point that the cabinet was declared to be in a state of crisis. Conciliation and accommodation between the parties was difficult, despite a policy having been instated to that effect. Among the many points of contention held between the parties was the matter of centralizing the security forces into a regular army under government control, sparking further agitation that would eventually culminate in an aborted assassination attempt on a Communist police commissioner, Rodríguez Salas, and the subsequent murder of Roldán Cortada, a PSUC official. This was followed by the assassination of a prominent Anarchist, Antonio Martín. The consequences of the deaths began to take their toll in Barcelona, setting the stage for the May Day to come.Less
This chapter describes the political lead-up to the events of May 1937. Political divisions were emerging within the government, the conflict eventually coming to a head in December 1936, to the point that the cabinet was declared to be in a state of crisis. Conciliation and accommodation between the parties was difficult, despite a policy having been instated to that effect. Among the many points of contention held between the parties was the matter of centralizing the security forces into a regular army under government control, sparking further agitation that would eventually culminate in an aborted assassination attempt on a Communist police commissioner, Rodríguez Salas, and the subsequent murder of Roldán Cortada, a PSUC official. This was followed by the assassination of a prominent Anarchist, Antonio Martín. The consequences of the deaths began to take their toll in Barcelona, setting the stage for the May Day to come.
Stephen Cretney
- Published in print:
- 2005
- Published Online:
- February 2010
- ISBN:
- 9780199280919
- eISBN:
- 9780191713170
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280919.003.0021
- Subject:
- Law, Family Law, Legal History
This book is about the interaction of the law and social relationships and practices. A central part of that interaction takes place in courts of law, but concern about the ineffectiveness of the law ...
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This book is about the interaction of the law and social relationships and practices. A central part of that interaction takes place in courts of law, but concern about the ineffectiveness of the law in some situations has been a consistent theme in discussions of policy, as was the view that legal processes sometimes exacerbated family differences. This chapter draws these issues together: it outlines the court structure as it has developed since the creation of the Family Division of the High Court in 1970; it examines the arguments (associated especially with the Report of the Finer Committee) for the creation of a system of family courts; it highlights the process by which new procedures were introduced to deal with the apparently increasing phenomenon of domestic violence; and it discusses the pervasive belief that conciliation (or mediation) should have an enhanced role in the family justice system. This belief was highly influential in the drafting of the Family Law Act 1996, based on the view that the law should recognise divorce as a ‘process over time’. However, the main provisions of that Act have not been brought into force.Less
This book is about the interaction of the law and social relationships and practices. A central part of that interaction takes place in courts of law, but concern about the ineffectiveness of the law in some situations has been a consistent theme in discussions of policy, as was the view that legal processes sometimes exacerbated family differences. This chapter draws these issues together: it outlines the court structure as it has developed since the creation of the Family Division of the High Court in 1970; it examines the arguments (associated especially with the Report of the Finer Committee) for the creation of a system of family courts; it highlights the process by which new procedures were introduced to deal with the apparently increasing phenomenon of domestic violence; and it discusses the pervasive belief that conciliation (or mediation) should have an enhanced role in the family justice system. This belief was highly influential in the drafting of the Family Law Act 1996, based on the view that the law should recognise divorce as a ‘process over time’. However, the main provisions of that Act have not been brought into force.
Morag Steven
- Published in print:
- 2009
- Published Online:
- September 2015
- ISBN:
- 9781845860523
- eISBN:
- 9781474406109
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845860523.003.0012
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses rights-based conciliation/disability conciliation in Scotland. It begins with an overview of the Disability Conciliation Service (DCS), which operates throughout the UK and ...
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This chapter discusses rights-based conciliation/disability conciliation in Scotland. It begins with an overview of the Disability Conciliation Service (DCS), which operates throughout the UK and Northern Ireland and provides an opportunity to resolve complaints relating to the Disability Discrimination Act 1995 (DDA) as an alternative to legal action through the courts. The DDA deals with issues relating to goods, facilities and services involving the vast majority of organisations that provide a service to the public, along with issues relating to education. The DCS works hard to meet everyone's needs in relation to accessibility. The chapter then explains the differences between mediation and the conciliation process offered by the DCS before turning to the work of the Equality and Human Rights Commission with regards to addressing discrimination complaints lodged by disabled people. It also considers the legal definitions of ‘disability’ and disability discrimination.Less
This chapter discusses rights-based conciliation/disability conciliation in Scotland. It begins with an overview of the Disability Conciliation Service (DCS), which operates throughout the UK and Northern Ireland and provides an opportunity to resolve complaints relating to the Disability Discrimination Act 1995 (DDA) as an alternative to legal action through the courts. The DDA deals with issues relating to goods, facilities and services involving the vast majority of organisations that provide a service to the public, along with issues relating to education. The DCS works hard to meet everyone's needs in relation to accessibility. The chapter then explains the differences between mediation and the conciliation process offered by the DCS before turning to the work of the Equality and Human Rights Commission with regards to addressing discrimination complaints lodged by disabled people. It also considers the legal definitions of ‘disability’ and disability discrimination.
Antonio R. Parra
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199660568
- eISBN:
- 9780191743382
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199660568.001.0001
- Subject:
- Law, Public International Law, Legal History
This book details the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty, the Convention on the Settlement of Investment ...
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This book details the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, covering the years from 1955 to 2010. The book traces the immediate origins of the Convention, in the years 1955 to 1962, and gives a stage-by-stage narrative of the drafting of the Convention between 1962 and 1965. It recounts details of bringing the Convention into force in 1966 and the elaboration of the initial versions of the Regulations and Rules of ICSID adopted at the first meetings of its Administrative Council in 1967. The three periods 1968 to 1988, 1989 to 1999, and 2000 to June 30, 2010, are covered in separate chapters which examine the expansion of the Centre's activities and changes made to the Regulations and Rules over the years. There are also overviews of the conciliation and arbitration cases submitted to ICSID in the respective periods, followed by in-depth discussions of selected cases and key issues within them. A concluding chapter discusses some of the broad themes and findings of the book, and includes several suggestions for further changes at ICSID to help ensure its continued success.Less
This book details the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, covering the years from 1955 to 2010. The book traces the immediate origins of the Convention, in the years 1955 to 1962, and gives a stage-by-stage narrative of the drafting of the Convention between 1962 and 1965. It recounts details of bringing the Convention into force in 1966 and the elaboration of the initial versions of the Regulations and Rules of ICSID adopted at the first meetings of its Administrative Council in 1967. The three periods 1968 to 1988, 1989 to 1999, and 2000 to June 30, 2010, are covered in separate chapters which examine the expansion of the Centre's activities and changes made to the Regulations and Rules over the years. There are also overviews of the conciliation and arbitration cases submitted to ICSID in the respective periods, followed by in-depth discussions of selected cases and key issues within them. A concluding chapter discusses some of the broad themes and findings of the book, and includes several suggestions for further changes at ICSID to help ensure its continued success.
Stephen Cretney
- Published in print:
- 2005
- Published Online:
- February 2010
- ISBN:
- 9780199280919
- eISBN:
- 9780191713170
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280919.003.0008
- Subject:
- Law, Family Law, Legal History
The decision to grant a divorce was regarded as so important that only the High Court had the power to do so. But while this not only made the process very expensive, increasing demand (especially in ...
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The decision to grant a divorce was regarded as so important that only the High Court had the power to do so. But while this not only made the process very expensive, increasing demand (especially in war-time) led to the High Court being over-loaded. At the end of World War II, the Denning Committee insisted that it would be wrong to allow ‘inferior courts’ (such as the county court) to have the power to deal with divorce, but recommended that country court judges should be appointed as ‘Commissioners’s itting in divorce cases as if they were in the High Court. At the same time, there was compelling evidence that orders made by Magistrates’ Courts led to great hardship, and measures were taken to introduce what was described as conciliation into those proceedings.Less
The decision to grant a divorce was regarded as so important that only the High Court had the power to do so. But while this not only made the process very expensive, increasing demand (especially in war-time) led to the High Court being over-loaded. At the end of World War II, the Denning Committee insisted that it would be wrong to allow ‘inferior courts’ (such as the county court) to have the power to deal with divorce, but recommended that country court judges should be appointed as ‘Commissioners’s itting in divorce cases as if they were in the High Court. At the same time, there was compelling evidence that orders made by Magistrates’ Courts led to great hardship, and measures were taken to introduce what was described as conciliation into those proceedings.
Paul Benjamin
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199693610
- eISBN:
- 9780191729744
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199693610.003.0014
- Subject:
- Law, Employment Law, Philosophy of Law
South African labour law has evolved substantially since black trade unions were first granted statutory recognition in 1979. Rulings by the industrial court gave workers unprecedented protection ...
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South African labour law has evolved substantially since black trade unions were first granted statutory recognition in 1979. Rulings by the industrial court gave workers unprecedented protection against unfair labour practices, including unfair dismissal, in the last years of the apartheid era. After the democratic elections of 1994, innovative legislation expanded and rationalised these protections. Dismissal disputes are resolved through a highly accessible and expedited system of statutory conciliation and arbitration. Many employers have externalised production resulting in work becoming increasingly insecure for a significant proportion of the workforce. Widespread use is made of triangular employment through temporary employment agencies for this purpose and this has led to controversial calls for their prohibition. The intensity of the conflict over security of employment emerges from the fact that this right was achieved so recently and because of the severe consequence of a dismissal in a society with extremely high unemployment.Less
South African labour law has evolved substantially since black trade unions were first granted statutory recognition in 1979. Rulings by the industrial court gave workers unprecedented protection against unfair labour practices, including unfair dismissal, in the last years of the apartheid era. After the democratic elections of 1994, innovative legislation expanded and rationalised these protections. Dismissal disputes are resolved through a highly accessible and expedited system of statutory conciliation and arbitration. Many employers have externalised production resulting in work becoming increasingly insecure for a significant proportion of the workforce. Widespread use is made of triangular employment through temporary employment agencies for this purpose and this has led to controversial calls for their prohibition. The intensity of the conflict over security of employment emerges from the fact that this right was achieved so recently and because of the severe consequence of a dismissal in a society with extremely high unemployment.
