Richard Aikens
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199566181
- eISBN:
- 9780191705458
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199566181.003.0036
- Subject:
- Law, Legal History
This chapter discusses the historical development of the Commercial Court procedures, how they have adjusted to the needs of the commercial actors, and how they must keep to attempt to meet the needs ...
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This chapter discusses the historical development of the Commercial Court procedures, how they have adjusted to the needs of the commercial actors, and how they must keep to attempt to meet the needs of commercial litigants.Less
This chapter discusses the historical development of the Commercial Court procedures, how they have adjusted to the needs of the commercial actors, and how they must keep to attempt to meet the needs of commercial litigants.
Philippa C. Maddern
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198202356
- eISBN:
- 9780191675287
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202356.001.0001
- Subject:
- History, British and Irish Medieval History, Social History
This study explores the nature and meaning of violence in 15th-century England. The book examines violence on each side of the law — both in crime and in law enforcement — in order to uncover the ...
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This study explores the nature and meaning of violence in 15th-century England. The book examines violence on each side of the law — both in crime and in law enforcement — in order to uncover the attitudes and beliefs of the inhabitants of medieval East Anglia. The book investigates the way their moral code was reflected in the procedures and punishments of the courts, and assesses the success of the legal system in maintaining authority and order. The book reveals the strong concern for order apparent in 15th-century society.Less
This study explores the nature and meaning of violence in 15th-century England. The book examines violence on each side of the law — both in crime and in law enforcement — in order to uncover the attitudes and beliefs of the inhabitants of medieval East Anglia. The book investigates the way their moral code was reflected in the procedures and punishments of the courts, and assesses the success of the legal system in maintaining authority and order. The book reveals the strong concern for order apparent in 15th-century society.
Wendy Davies
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9780197266588
- eISBN:
- 9780191896040
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197266588.003.0011
- Subject:
- Archaeology, Historical Archaeology
This chapter represents an examination of the nature of the records that describe judicial court procedure in northern Iberia in the 9th and 10th centuries. It reveals that most records do not derive ...
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This chapter represents an examination of the nature of the records that describe judicial court procedure in northern Iberia in the 9th and 10th centuries. It reveals that most records do not derive from court proceedings but from subsequent construction, sometimes for very partial reasons. This allows us a better understanding of process on the ground and some perception of the power relations that derive from controlling the record.Less
This chapter represents an examination of the nature of the records that describe judicial court procedure in northern Iberia in the 9th and 10th centuries. It reveals that most records do not derive from court proceedings but from subsequent construction, sometimes for very partial reasons. This allows us a better understanding of process on the ground and some perception of the power relations that derive from controlling the record.
Alexander Zahar
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199643288
- eISBN:
- 9780191749070
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199643288.003.0002
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter examines the war crimes process in Hong Kong. It uses three benchmarks of assessment: the degree of departure from the normally applicable court-martial procedure current at the time; ...
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This chapter examines the war crimes process in Hong Kong. It uses three benchmarks of assessment: the degree of departure from the normally applicable court-martial procedure current at the time; the degree to which the stated principles governing the trials were complied with in practice by the courts and the authorities associated with them; and the aftermath of the trials, in particular, the way that the military-court system was wound up. It is argued that the proceedings were summary, offering a standard that was not just highly problematic by the identified benchmarks, but also much lower than that which applied to British servicemen at the time.Less
This chapter examines the war crimes process in Hong Kong. It uses three benchmarks of assessment: the degree of departure from the normally applicable court-martial procedure current at the time; the degree to which the stated principles governing the trials were complied with in practice by the courts and the authorities associated with them; and the aftermath of the trials, in particular, the way that the military-court system was wound up. It is argued that the proceedings were summary, offering a standard that was not just highly problematic by the identified benchmarks, but also much lower than that which applied to British servicemen at the time.
Michael Ostling
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199587902
- eISBN:
- 9780191731228
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199587902.003.0005
- Subject:
- History, European Early Modern History, Social History
What factors exacerbated witch-trials in Poland, and what factors tended to limit the number of trials? This chapter shows that the weak, decentralized Polish courts resulted in relatively few trials ...
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What factors exacerbated witch-trials in Poland, and what factors tended to limit the number of trials? This chapter shows that the weak, decentralized Polish courts resulted in relatively few trials but in a high rate of execution. Court procedure remained largely accusatory, and the expenses of a trial were considerable. By the same token, once an accuser, usually a nobleman, agreed to fund a trial, he expected and usually got a guilty verdict and a capital sentence. Many town courts sent magistrates to a village to try witches in situ (a practice called deputation): such trials had an especially high execution rate. But jurisdictional conflicts kept the feudal subjects of other noblemen safe from trial, and prevented chain-reaction trials.Less
What factors exacerbated witch-trials in Poland, and what factors tended to limit the number of trials? This chapter shows that the weak, decentralized Polish courts resulted in relatively few trials but in a high rate of execution. Court procedure remained largely accusatory, and the expenses of a trial were considerable. By the same token, once an accuser, usually a nobleman, agreed to fund a trial, he expected and usually got a guilty verdict and a capital sentence. Many town courts sent magistrates to a village to try witches in situ (a practice called deputation): such trials had an especially high execution rate. But jurisdictional conflicts kept the feudal subjects of other noblemen safe from trial, and prevented chain-reaction trials.
Brinkley Messick
- Published in print:
- 1992
- Published Online:
- May 2012
- ISBN:
- 9780520076051
- eISBN:
- 9780520917828
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520076051.003.0014
- Subject:
- Anthropology, Middle Eastern Cultural Anthropology
The calligraphic state was a phenomenon anchored in the complex authority relations of a spectrum of writings and associated institutions. The characterization of the shari'a as a general societal ...
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The calligraphic state was a phenomenon anchored in the complex authority relations of a spectrum of writings and associated institutions. The characterization of the shari'a as a general societal discourse rather than as “Islamic law” placed emphasis on a historical transition to the codified and legislated form of law. Shari'a codification, new methods of instruction, changes in court procedures, and legal-document registration are among the diverse expressions of a fundamental reordering of Yemeni society. The “calligraphic state” is itself a construct, referring neither to a specific polity and its dissolution nor to a particular discursive moment and its transformation. It is instead a composite of historical materials and must finally give way to the phenomena out of which it was built.Less
The calligraphic state was a phenomenon anchored in the complex authority relations of a spectrum of writings and associated institutions. The characterization of the shari'a as a general societal discourse rather than as “Islamic law” placed emphasis on a historical transition to the codified and legislated form of law. Shari'a codification, new methods of instruction, changes in court procedures, and legal-document registration are among the diverse expressions of a fundamental reordering of Yemeni society. The “calligraphic state” is itself a construct, referring neither to a specific polity and its dissolution nor to a particular discursive moment and its transformation. It is instead a composite of historical materials and must finally give way to the phenomena out of which it was built.
John Hudson
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780198260301
- eISBN:
- 9780191740640
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198260301.003.0004
- Subject:
- Law, Legal History, Constitutional and Administrative Law
This chapter outlines the main stages through which court cases might proceed, whilst noting flexibility and variation. It begins by describing two cases in detail. The first case comes from the ...
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This chapter outlines the main stages through which court cases might proceed, whilst noting flexibility and variation. It begins by describing two cases in detail. The first case comes from the Libellus Æthelwoldi, which recounts Bishop Æthelwold's land dealings in relation to the abbey of Ely. The second case comes from Lantfred's Miracles of St Swithun. The chapter then discusses bringing an accusation or claim, ensuring attendance, further pleading and argument, mesne judgment, proof, final judgment, and enforcement.Less
This chapter outlines the main stages through which court cases might proceed, whilst noting flexibility and variation. It begins by describing two cases in detail. The first case comes from the Libellus Æthelwoldi, which recounts Bishop Æthelwold's land dealings in relation to the abbey of Ely. The second case comes from Lantfred's Miracles of St Swithun. The chapter then discusses bringing an accusation or claim, ensuring attendance, further pleading and argument, mesne judgment, proof, final judgment, and enforcement.
H. L. A. Hart
- Published in print:
- 1982
- Published Online:
- March 2012
- ISBN:
- 9780198254683
- eISBN:
- 9780191681509
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198254683.003.0002
- Subject:
- Law, Philosophy of Law
This chapter focuses on Bentham's general theory of law. Bentham contemplated and elaborately documented the abuses of the English law of his day, the fantastic prolixity and obscurity of its ...
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This chapter focuses on Bentham's general theory of law. Bentham contemplated and elaborately documented the abuses of the English law of his day, the fantastic prolixity and obscurity of its statutes, the complexity and expense of its court procedure, the artificiality and irrationality of its modes of proof. Bentham was, of course, constantly preoccupied with the abuse of language to cloud the issues in controversy, especially political controversy. But the point which he made about the mystifying force of imposter terms such as ‘the maintenance of order’ is really part of something much wider. For it is just a particular manifestation of a very fundamental and original feature in Bentham's whole austere approach to the philosophy of law and politics.Less
This chapter focuses on Bentham's general theory of law. Bentham contemplated and elaborately documented the abuses of the English law of his day, the fantastic prolixity and obscurity of its statutes, the complexity and expense of its court procedure, the artificiality and irrationality of its modes of proof. Bentham was, of course, constantly preoccupied with the abuse of language to cloud the issues in controversy, especially political controversy. But the point which he made about the mystifying force of imposter terms such as ‘the maintenance of order’ is really part of something much wider. For it is just a particular manifestation of a very fundamental and original feature in Bentham's whole austere approach to the philosophy of law and politics.
Harriet T. Zurndorfer (ed.)
- Published in print:
- 2011
- Published Online:
- June 2013
- ISBN:
- 9780804772730
- eISBN:
- 9780804777612
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804772730.003.0005
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter examines issues related to the nature of legal decisions and the use of evidence and court procedures in China. It shows the active litigation culture from the Song dynasty to the Ming ...
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This chapter examines issues related to the nature of legal decisions and the use of evidence and court procedures in China. It shows the active litigation culture from the Song dynasty to the Ming dynasty, during China's “second commercial revolution.” The study on Huizhou prefecture shows that the rapidly growing number of legal disputes, particularly those involving increasingly complex land rights, had overrun administrative legal systems and led to the increasing involvement of informal and community or village level in arbitration and dispute settlement.Less
This chapter examines issues related to the nature of legal decisions and the use of evidence and court procedures in China. It shows the active litigation culture from the Song dynasty to the Ming dynasty, during China's “second commercial revolution.” The study on Huizhou prefecture shows that the rapidly growing number of legal disputes, particularly those involving increasingly complex land rights, had overrun administrative legal systems and led to the increasing involvement of informal and community or village level in arbitration and dispute settlement.
