Letizia Paoli, Victoria A. Greenfield, and Peter Reuter
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780195322996
- eISBN:
- 9780199944194
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195322996.003.0001
- Subject:
- Sociology, Law, Crime and Deviance, Comparative and Historical Sociology
This introductory chapter explains the coverage of this book, which is about opiate production and heroin trafficking around the word. This book provides a comparative analysis of national ...
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This introductory chapter explains the coverage of this book, which is about opiate production and heroin trafficking around the word. This book provides a comparative analysis of national experiences in trying to control international trafficking and analyzes systematically the effects of differences in the stringency of the enforcement of global production and trafficking prohibitions on the organization of the market, the behavior of its participants and society at large. The first part of this book reviews the historical development of the world opiate market, the second part explores market conditions in Afghanistan, Burma, India, Colombia, and Tajikistan and the final part proposes a theoretical model of effective illegality that may helps to explains a country's participation in the heroin trafficking.Less
This introductory chapter explains the coverage of this book, which is about opiate production and heroin trafficking around the word. This book provides a comparative analysis of national experiences in trying to control international trafficking and analyzes systematically the effects of differences in the stringency of the enforcement of global production and trafficking prohibitions on the organization of the market, the behavior of its participants and society at large. The first part of this book reviews the historical development of the world opiate market, the second part explores market conditions in Afghanistan, Burma, India, Colombia, and Tajikistan and the final part proposes a theoretical model of effective illegality that may helps to explains a country's participation in the heroin trafficking.
Roger W. Shuy
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195181661
- eISBN:
- 9780199788477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195181661.003.0006
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
This chapter shows how being inconsistent when representing illegality in cases involving more than one target in the same alleged crime can damage a prosecution’s case. More important, however, is ...
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This chapter shows how being inconsistent when representing illegality in cases involving more than one target in the same alleged crime can damage a prosecution’s case. More important, however, is the way this 2002 case in Oklahoma illustrates the dangers to a successful prosecution when the undercover agents block (interrupt and overlap) the target’s words, especially when this is done when the targets appear to be trying to say something exculpatory.Less
This chapter shows how being inconsistent when representing illegality in cases involving more than one target in the same alleged crime can damage a prosecution’s case. More important, however, is the way this 2002 case in Oklahoma illustrates the dangers to a successful prosecution when the undercover agents block (interrupt and overlap) the target’s words, especially when this is done when the targets appear to be trying to say something exculpatory.
Letizia Paoli, Victoria A. Greenfield, and Peter Reuter
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780195322996
- eISBN:
- 9780199944194
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195322996.003.0010
- Subject:
- Sociology, Law, Crime and Deviance, Comparative and Historical Sociology
This chapter explores the distinctive configuration of the opiate market and heroin trade. It proposes a theoretical model of effective illegality that helps to explain the role of government in ...
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This chapter explores the distinctive configuration of the opiate market and heroin trade. It proposes a theoretical model of effective illegality that helps to explain the role of government in determining each country's mode of participation in heroin trade. This model integrates economic, political, and sociological concerns and it identifies three stylized cases of enforcement and categorizes countries according to their implementation of international prohibitions on opiate production and trafficking. The model shows that aside from opium poppy cultivation, not all forms of non-enforcement offer the best conditions for illegal drug businesses.Less
This chapter explores the distinctive configuration of the opiate market and heroin trade. It proposes a theoretical model of effective illegality that helps to explain the role of government in determining each country's mode of participation in heroin trade. This model integrates economic, political, and sociological concerns and it identifies three stylized cases of enforcement and categorizes countries according to their implementation of international prohibitions on opiate production and trafficking. The model shows that aside from opium poppy cultivation, not all forms of non-enforcement offer the best conditions for illegal drug businesses.
Roger W. Shuy
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195181661
- eISBN:
- 9780199788477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195181661.003.0011
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
After graduating from law school in 2001, Lett’s first client was enmeshed in a Minnesota telemarketing fraud case. Tape-recorded conversations between Lett and an undercover officer posing as a VISA ...
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After graduating from law school in 2001, Lett’s first client was enmeshed in a Minnesota telemarketing fraud case. Tape-recorded conversations between Lett and an undercover officer posing as a VISA fraud investigator led the prosecution to think that Lett and his client requested that officer to steal investigative records and to use his influence to remove the US Postal Inspector from the case. Linguistic analysis of these recordings showed that the undercover agent camouflaged his weak representations of illegality with legal-sounding words and expressions.Less
After graduating from law school in 2001, Lett’s first client was enmeshed in a Minnesota telemarketing fraud case. Tape-recorded conversations between Lett and an undercover officer posing as a VISA fraud investigator led the prosecution to think that Lett and his client requested that officer to steal investigative records and to use his influence to remove the US Postal Inspector from the case. Linguistic analysis of these recordings showed that the undercover agent camouflaged his weak representations of illegality with legal-sounding words and expressions.
Spencer Dew
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9780226647968
- eISBN:
- 9780226648156
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226648156.003.0009
- Subject:
- Religion, Religion and Society
Moorish Science Temple of America nationalization ceremonies—patterned off of the naturalization ceremonies that incorporates immigrants as new citizens of the United States—are understood as legally ...
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Moorish Science Temple of America nationalization ceremonies—patterned off of the naturalization ceremonies that incorporates immigrants as new citizens of the United States—are understood as legally marking one’s reclamation of Moorish nationality and, thus, transforming participants from outsiders, excluded from the American political process, into full citizens of the USA. For Aliites, citizenship is more than mere legal status; it is a process of world transformation, world salvation, a responsibility to participate in the struggle to instantiate true law on earth. This concluding chapter locates Aliites faith in such universal and eternal All-Law as a faith in alternity, in an otherwise possibility to the dangers of state systems and aw enforcement.Less
Moorish Science Temple of America nationalization ceremonies—patterned off of the naturalization ceremonies that incorporates immigrants as new citizens of the United States—are understood as legally marking one’s reclamation of Moorish nationality and, thus, transforming participants from outsiders, excluded from the American political process, into full citizens of the USA. For Aliites, citizenship is more than mere legal status; it is a process of world transformation, world salvation, a responsibility to participate in the struggle to instantiate true law on earth. This concluding chapter locates Aliites faith in such universal and eternal All-Law as a faith in alternity, in an otherwise possibility to the dangers of state systems and aw enforcement.
DAVID KEEN
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198297390
- eISBN:
- 9780191685323
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198297390.003.0008
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter examines humanitarian emergencies caused by war, crimes, and inequality in access to resources. It discusses the concepts of entitlement framework, sanctioned illegality, human ...
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This chapter examines humanitarian emergencies caused by war, crimes, and inequality in access to resources. It discusses the concepts of entitlement framework, sanctioned illegality, human interventions in war and crimes. It also explores the economic functions of violence, military counter-productive actions, and the local agendas in civil wars. It suggests that the diverse aims of those involved in warfare should be taken into account by those who are seeking to intervene, whether such interventions takes for form of emergency aid or rehabilitation efforts.Less
This chapter examines humanitarian emergencies caused by war, crimes, and inequality in access to resources. It discusses the concepts of entitlement framework, sanctioned illegality, human interventions in war and crimes. It also explores the economic functions of violence, military counter-productive actions, and the local agendas in civil wars. It suggests that the diverse aims of those involved in warfare should be taken into account by those who are seeking to intervene, whether such interventions takes for form of emergency aid or rehabilitation efforts.
Deborah Boehm and Susan Terrio (eds)
- Published in print:
- 2019
- Published Online:
- September 2019
- ISBN:
- 9781479887798
- eISBN:
- 9781479860418
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479887798.001.0001
- Subject:
- Anthropology, Social and Cultural Anthropology
The book considers illegality, deportability, and deportation in the lives of young people—those who migrate as well as those who are affected by the migration of others. A primary focus of the ...
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The book considers illegality, deportability, and deportation in the lives of young people—those who migrate as well as those who are affected by the migration of others. A primary focus of the volume is to understand how children and youth encounter, move through, or are outside of a range of legal processes, including border enforcement, immigration detention, federal custody, courts, and state processes of categorization. Even if young people do not directly interact with state immigration systems—because they are U.S. citizens or have avoided detention—they are nonetheless deeply impacted by the reach of the government in its many forms. Combining different perspectives from advocates, service providers, attorneys, researchers, and, significantly, young immigrants, the book presents ethnographically rich accounts that can contribute to informed debates and policy reforms. By underscoring the ways in which young people encounter and/or avoid legal systems, the book problematizes the policies, laws, and legal categories that shape so much of daily life of young immigrants. The book makes visible the burdens, hopes, and potential of a population of young people and their families who have been largely hidden from public view and are currently under siege, following young people as they move into, through, and out of the complicated immigration systems and institutions in the United States.Less
The book considers illegality, deportability, and deportation in the lives of young people—those who migrate as well as those who are affected by the migration of others. A primary focus of the volume is to understand how children and youth encounter, move through, or are outside of a range of legal processes, including border enforcement, immigration detention, federal custody, courts, and state processes of categorization. Even if young people do not directly interact with state immigration systems—because they are U.S. citizens or have avoided detention—they are nonetheless deeply impacted by the reach of the government in its many forms. Combining different perspectives from advocates, service providers, attorneys, researchers, and, significantly, young immigrants, the book presents ethnographically rich accounts that can contribute to informed debates and policy reforms. By underscoring the ways in which young people encounter and/or avoid legal systems, the book problematizes the policies, laws, and legal categories that shape so much of daily life of young immigrants. The book makes visible the burdens, hopes, and potential of a population of young people and their families who have been largely hidden from public view and are currently under siege, following young people as they move into, through, and out of the complicated immigration systems and institutions in the United States.
Patrick Major
- Published in print:
- 1998
- Published Online:
- October 2011
- ISBN:
- 9780198206934
- eISBN:
- 9780191677397
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198206934.003.0007
- Subject:
- History, European Modern History, Political History
This chapter discusses the evolution of the organizational structure of the Kommunistische Partei Deutschlands (KPD) in West Germany from a mass ...
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This chapter discusses the evolution of the organizational structure of the Kommunistische Partei Deutschlands (KPD) in West Germany from a mass party to a party of professional revolutionary cadres. Under the exceptional circumstances of late Weimar, the KPD was unable to preserve its mass base under the Nazi regime and it was forced into an ultra-conspiratory role. After emerging from this illegality, the KPD broke off isolation and decided to become not only a proletarian mass party but a Volkspartei with national appeal.Less
This chapter discusses the evolution of the organizational structure of the Kommunistische Partei Deutschlands (KPD) in West Germany from a mass party to a party of professional revolutionary cadres. Under the exceptional circumstances of late Weimar, the KPD was unable to preserve its mass base under the Nazi regime and it was forced into an ultra-conspiratory role. After emerging from this illegality, the KPD broke off isolation and decided to become not only a proletarian mass party but a Volkspartei with national appeal.
Wim Klooster and Gert Oostindie
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781501705267
- eISBN:
- 9781501719592
- Item type:
- book
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9781501705267.001.0001
- Subject:
- History, European Modern History
The Second Dutch Atlantic was a distinct era in Dutch colonial history, different both from the imperially-minded period from 1620 through 1680 and the years after 1815, in which the Dutch Atlantic ...
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The Second Dutch Atlantic was a distinct era in Dutch colonial history, different both from the imperially-minded period from 1620 through 1680 and the years after 1815, in which the Dutch Atlantic faded into insignificance. While marked by a lack of geographic expansion, the Second Dutch Atlantic saw remarkable Dutch colonial and inter-imperial activity. On the one hand, the Dutch engaged in the Atlantic slave trade, built their own plantation colonies on the “Wild Coast” of South America, and developed their Caribbean islands into commercial assets. On the other hand, they were deeply involved in inter-imperial trade and finance. Maintained by slave majorities and, increasingly, free people of color as well as whites from various European backgrounds, the Dutch Atlantic realm was heterogeneous in its governance, religious profile, and ethnic composition.Less
The Second Dutch Atlantic was a distinct era in Dutch colonial history, different both from the imperially-minded period from 1620 through 1680 and the years after 1815, in which the Dutch Atlantic faded into insignificance. While marked by a lack of geographic expansion, the Second Dutch Atlantic saw remarkable Dutch colonial and inter-imperial activity. On the one hand, the Dutch engaged in the Atlantic slave trade, built their own plantation colonies on the “Wild Coast” of South America, and developed their Caribbean islands into commercial assets. On the other hand, they were deeply involved in inter-imperial trade and finance. Maintained by slave majorities and, increasingly, free people of color as well as whites from various European backgrounds, the Dutch Atlantic realm was heterogeneous in its governance, religious profile, and ethnic composition.
Luciano Canfora and Julian Stringer (eds)
- Published in print:
- 2007
- Published Online:
- September 2012
- ISBN:
- 9780748619368
- eISBN:
- 9780748670734
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748619368.003.0018
- Subject:
- Classical Studies, Archaeology: Classical
On the eve of civil war, in December 50 bc and the first week of January 49 bc, illegality became official where one would least expect it: in the Senate. It was the new consuls who, immediately on ...
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On the eve of civil war, in December 50 bc and the first week of January 49 bc, illegality became official where one would least expect it: in the Senate. It was the new consuls who, immediately on taking office, personally sanctioned the break with legality. In their start-of-year report on the state of the republic they spoke as if Caesar had already been proscribed. Lentulus Crus declared that: he will not fail the republic if the senators are willing to express their opinions with boldness and resolution; but if they pay regard to Caesar and try to win favour with him as they have on previous occasions, he says he will consider his own interests and will not obey their authority. The same threat was made by his colleague Scipio, who said that Pompey was not inclined to desert the republic if the Senate followed him; but if it did not back him, it would in vain solicit his aid should it wish to do so in the future. When Caesar recounts these details he selects his material carefully, to make clear that his enemies have violated the law.Less
On the eve of civil war, in December 50 bc and the first week of January 49 bc, illegality became official where one would least expect it: in the Senate. It was the new consuls who, immediately on taking office, personally sanctioned the break with legality. In their start-of-year report on the state of the republic they spoke as if Caesar had already been proscribed. Lentulus Crus declared that: he will not fail the republic if the senators are willing to express their opinions with boldness and resolution; but if they pay regard to Caesar and try to win favour with him as they have on previous occasions, he says he will consider his own interests and will not obey their authority. The same threat was made by his colleague Scipio, who said that Pompey was not inclined to desert the republic if the Senate followed him; but if it did not back him, it would in vain solicit his aid should it wish to do so in the future. When Caesar recounts these details he selects his material carefully, to make clear that his enemies have violated the law.
Tony Kushner
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9781786940629
- eISBN:
- 9781786945051
- Item type:
- book
- Publisher:
- Liverpool University Press
- DOI:
- 10.5949/liverpool/9781786940629.001.0001
- Subject:
- History, European Modern History
This book explores Jewish refugee movements before, during and after the Holocaust, placing them in a longer history of forced migration from the 1880s to the present. It does not deny that there ...
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This book explores Jewish refugee movements before, during and after the Holocaust, placing them in a longer history of forced migration from the 1880s to the present. It does not deny that there were particular issues facing Jews escaping from Nazism, but it emphasises that there are deeper trends that shed light on responses to and the experiences of these refugees and other forced migrants from war, poverty, genocide and ethnic cleansing. It argues that those interested in Holocaust studies and migration studies have much to learn from each other. This study focuses on three particular types of refugee movement – women, children and ‘illegal’ boat migrants. Whilst there is focus on British spheres of influence, the scope is global including Europe, Africa, the Middle East, the Americas, South Asia and Australasia. The approach is historical but incorporates many different disciplines including geography, anthropology, cultural and literary studies and politics. State as well as popular responses are integrated and the auto/biographical practice of the refugees themselves are highlighted throughout this book. Films, novels, museums, heritage sites and memorials are incorporated in this study alongside more traditional sources allowing exploration of history and memory. Many neglected refugee movements are covered and themes such as gender, childhood, place, space, legality, the politics of naming, and performance add to its richness.Less
This book explores Jewish refugee movements before, during and after the Holocaust, placing them in a longer history of forced migration from the 1880s to the present. It does not deny that there were particular issues facing Jews escaping from Nazism, but it emphasises that there are deeper trends that shed light on responses to and the experiences of these refugees and other forced migrants from war, poverty, genocide and ethnic cleansing. It argues that those interested in Holocaust studies and migration studies have much to learn from each other. This study focuses on three particular types of refugee movement – women, children and ‘illegal’ boat migrants. Whilst there is focus on British spheres of influence, the scope is global including Europe, Africa, the Middle East, the Americas, South Asia and Australasia. The approach is historical but incorporates many different disciplines including geography, anthropology, cultural and literary studies and politics. State as well as popular responses are integrated and the auto/biographical practice of the refugees themselves are highlighted throughout this book. Films, novels, museums, heritage sites and memorials are incorporated in this study alongside more traditional sources allowing exploration of history and memory. Many neglected refugee movements are covered and themes such as gender, childhood, place, space, legality, the politics of naming, and performance add to its richness.
Mark R. Freedland and Nicola Kountouris
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199551750
- eISBN:
- 9780191731013
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199551750.003.0005
- Subject:
- Law, Employment Law
In order to give both a composite picture and a breakdown of the ways in which the formation and structure of contracts of employment are approached and regulated, this chapter begins by considering ...
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In order to give both a composite picture and a breakdown of the ways in which the formation and structure of contracts of employment are approached and regulated, this chapter begins by considering the purpose and effect of the conditions of formation which are exacted for those contracts by the English and other European legal systems, and continues by sketching out the personal and economic structures or models and the economic structures or models which are imposed upon those contracts by those legal systems. In doing so, the chapter offers a comparative overview of a number of key contractual doctrines such as those of legal intention, legality, and formality in creating employment contracts. The chapter concludes by offering a critical analysis of the notions of duration and continuity.Less
In order to give both a composite picture and a breakdown of the ways in which the formation and structure of contracts of employment are approached and regulated, this chapter begins by considering the purpose and effect of the conditions of formation which are exacted for those contracts by the English and other European legal systems, and continues by sketching out the personal and economic structures or models and the economic structures or models which are imposed upon those contracts by those legal systems. In doing so, the chapter offers a comparative overview of a number of key contractual doctrines such as those of legal intention, legality, and formality in creating employment contracts. The chapter concludes by offering a critical analysis of the notions of duration and continuity.
Rob Merkin and Jenny Steele
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199645749
- eISBN:
- 9780191747823
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199645749.003.0011
- Subject:
- Law, Law of Obligations
Explores the operation of principles of personal responsibility and fault in relation to insurance, through the law’s response to illegal or immoral conduct captured in the expression ‘ex turpi ...
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Explores the operation of principles of personal responsibility and fault in relation to insurance, through the law’s response to illegal or immoral conduct captured in the expression ‘ex turpi causa’. Explains that illegality, and intention, are contested notions. Explores the operation of ‘ex turpi causa’ in tort and contract and compares applicable principles of insurance law. Examines the impact of illegality in claims against policyholders; and in claims against insurers, comparing road traffic claims with other categories of case. Explains that reparative and compensatory goals cannot be neatly separated, and that responsibility judgments which affect the insurance position may in turn deeply affect the reparative potential of private law.Less
Explores the operation of principles of personal responsibility and fault in relation to insurance, through the law’s response to illegal or immoral conduct captured in the expression ‘ex turpi causa’. Explains that illegality, and intention, are contested notions. Explores the operation of ‘ex turpi causa’ in tort and contract and compares applicable principles of insurance law. Examines the impact of illegality in claims against policyholders; and in claims against insurers, comparing road traffic claims with other categories of case. Explains that reparative and compensatory goals cannot be neatly separated, and that responsibility judgments which affect the insurance position may in turn deeply affect the reparative potential of private law.
Graham Virgo
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199298501
- eISBN:
- 9780191713613
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199298501.003.0026
- Subject:
- Law, Law of Obligations
All restitutionary claims, regardless of the underlying cause of action, are subject to a defence of illegality. This stems from the fundamental principle of law, known as ex turpi causa non oritur ...
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All restitutionary claims, regardless of the underlying cause of action, are subject to a defence of illegality. This stems from the fundamental principle of law, known as ex turpi causa non oritur actio, that the courts will generally not assist the claimant to obtain a remedy where his or her action is founded on an illegal transaction. There is, however, another principle which is particularly relevant to restitutionary claims, and this is known as the in pari delicto potior est conditio defendentis defence. If the claimant seeks restitution in connection with a transaction which was tainted by illegality, the claim may be defeated by the in pari delicto defence. This chapter discusses the general principles of illegality, illegality at common law, consequences of a transaction being tainted by illegality, methods for avoiding the operation of the in pari delicto defence, vindication of proprietary rights despite illegality, and reform of the law.Less
All restitutionary claims, regardless of the underlying cause of action, are subject to a defence of illegality. This stems from the fundamental principle of law, known as ex turpi causa non oritur actio, that the courts will generally not assist the claimant to obtain a remedy where his or her action is founded on an illegal transaction. There is, however, another principle which is particularly relevant to restitutionary claims, and this is known as the in pari delicto potior est conditio defendentis defence. If the claimant seeks restitution in connection with a transaction which was tainted by illegality, the claim may be defeated by the in pari delicto defence. This chapter discusses the general principles of illegality, illegality at common law, consequences of a transaction being tainted by illegality, methods for avoiding the operation of the in pari delicto defence, vindication of proprietary rights despite illegality, and reform of the law.
Graham Virgo
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199298501
- eISBN:
- 9780191713613
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199298501.003.0009
- Subject:
- Law, Law of Obligations
Although compulsion is not a ground of restitution in its own right, it is a general principle which underlies a number of specific grounds of restitution, most notably duress. The essence of the ...
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Although compulsion is not a ground of restitution in its own right, it is a general principle which underlies a number of specific grounds of restitution, most notably duress. The essence of the principle of compulsion is that it arises where pressure has been placed on the claimant to transfer a benefit to the defendant. Compulsion operates in a similar way to mistake as an explanation of why the receipt of an enrichment by the defendant can be regarded as unjust, namely, that the effect of the pressure is treated as vitiating the claimant's intention that the defendant should receive the enrichment. This chapter discusses the principle of compulsion, the different types of enrichment, vitiation of contracts for compulsion, the grounds of restitution, illegality, duress, undue pressure, legal compulsion, and threats to secure the performance of a statutory duty.Less
Although compulsion is not a ground of restitution in its own right, it is a general principle which underlies a number of specific grounds of restitution, most notably duress. The essence of the principle of compulsion is that it arises where pressure has been placed on the claimant to transfer a benefit to the defendant. Compulsion operates in a similar way to mistake as an explanation of why the receipt of an enrichment by the defendant can be regarded as unjust, namely, that the effect of the pressure is treated as vitiating the claimant's intention that the defendant should receive the enrichment. This chapter discusses the principle of compulsion, the different types of enrichment, vitiation of contracts for compulsion, the grounds of restitution, illegality, duress, undue pressure, legal compulsion, and threats to secure the performance of a statutory duty.
Markus D. Dubber
- Published in print:
- 2015
- Published Online:
- March 2015
- ISBN:
- 9780190243043
- eISBN:
- 9780190243081
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190243043.003.0005
- Subject:
- Law, Criminal Law and Criminology
This Conclusion provides a chart summary of the analysis of criminal liability under the Model Penal Code with citations to relevant Code sections. This chart may be used as a conceptual flowchart ...
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This Conclusion provides a chart summary of the analysis of criminal liability under the Model Penal Code with citations to relevant Code sections. This chart may be used as a conceptual flowchart for analyzing the criminal liability arising out of fact scenarios under the Code, but under American criminal law generally speaking, at least insofar as the Code functions as a key to American criminal law. The three-step chart serves as an analytic guideline for answering the central question posed by criminal law: Who is liable for what? Each step on the chart is cross-referenced to the relevant sections in the Model Penal Code.Less
This Conclusion provides a chart summary of the analysis of criminal liability under the Model Penal Code with citations to relevant Code sections. This chart may be used as a conceptual flowchart for analyzing the criminal liability arising out of fact scenarios under the Code, but under American criminal law generally speaking, at least insofar as the Code functions as a key to American criminal law. The three-step chart serves as an analytic guideline for answering the central question posed by criminal law: Who is liable for what? Each step on the chart is cross-referenced to the relevant sections in the Model Penal Code.
JAMES CRAWFORD
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199228423
- eISBN:
- 9780191714375
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228423.003.0017
- Subject:
- Law, Public International Law
This chapter examines the questions associated with State extinction, temporary or permanent. Specifically, it considers the circumstances for a State to become extinct so that the various incidents ...
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This chapter examines the questions associated with State extinction, temporary or permanent. Specifically, it considers the circumstances for a State to become extinct so that the various incidents of succession are brought into play. A State is not necessarily extinguished by substantial changes in territory, population or government, or even, in some cases, by a combination of all three. Continuation of a State entity under a regime such as a protectorate with some degree of international personality may preserve the legal identity of the State over time. On the other hand, effective submersion and disappearance of separate State organs in those of another State over a considerable period of time will normally result in the extinction of the State, so long as no substantial international illegality is involved and there is no other perceived international interest in asserting the continuity of the State.Less
This chapter examines the questions associated with State extinction, temporary or permanent. Specifically, it considers the circumstances for a State to become extinct so that the various incidents of succession are brought into play. A State is not necessarily extinguished by substantial changes in territory, population or government, or even, in some cases, by a combination of all three. Continuation of a State entity under a regime such as a protectorate with some degree of international personality may preserve the legal identity of the State over time. On the other hand, effective submersion and disappearance of separate State organs in those of another State over a considerable period of time will normally result in the extinction of the State, so long as no substantial international illegality is involved and there is no other perceived international interest in asserting the continuity of the State.
Harish Narasappa
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9780199484669
- eISBN:
- 9780199093717
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199484669.001.0001
- Subject:
- Law, Constitutional and Administrative Law
Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of ...
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Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.Less
Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.
REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199271009
- eISBN:
- 9780191699481
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199271009.003.0006
- Subject:
- Law, Comparative Law
This chapter distinguishes between two central questions: When is a contract illegal? What are the effects for the parties of the illegality of the contract? At least in Scots law, the two issues ...
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This chapter distinguishes between two central questions: When is a contract illegal? What are the effects for the parties of the illegality of the contract? At least in Scots law, the two issues have sometimes been confused, particularly in respect of factors which strictly speaking ought to be relevant only to one issue or the other, notably the intention of the parties. Intention is strictly irrelevant to the issue of illegality itself, and should be confined to the issue of effects, in particular the application of the par delictum rule. The difficult case is the one where there is a contract which is legal in itself, but where one of the parties has an illegal purpose to be achieved through the contract or intends to perform the contract in an illegal way. This situation may be described as ‘performance illegality’. In both Scotland and South Africa the courts will not assist a party to achieve an illegal purpose or carry out an illegal performance, but it is not clear that this makes the contract itself illegal, and it certainly remains enforceable at the instigation of an innocent party.Less
This chapter distinguishes between two central questions: When is a contract illegal? What are the effects for the parties of the illegality of the contract? At least in Scots law, the two issues have sometimes been confused, particularly in respect of factors which strictly speaking ought to be relevant only to one issue or the other, notably the intention of the parties. Intention is strictly irrelevant to the issue of illegality itself, and should be confined to the issue of effects, in particular the application of the par delictum rule. The difficult case is the one where there is a contract which is legal in itself, but where one of the parties has an illegal purpose to be achieved through the contract or intends to perform the contract in an illegal way. This situation may be described as ‘performance illegality’. In both Scotland and South Africa the courts will not assist a party to achieve an illegal purpose or carry out an illegal performance, but it is not clear that this makes the contract itself illegal, and it certainly remains enforceable at the instigation of an innocent party.
Duncan Fairgrieve
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780199258055
- eISBN:
- 9780191698507
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199258055.003.0003
- Subject:
- Law, Law of Obligations
This chapter focuses on the theoretical relationship between public law and the notion of illegality and liability in a damages action, discussing whether the unlawfulness of an administrative act is ...
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This chapter focuses on the theoretical relationship between public law and the notion of illegality and liability in a damages action, discussing whether the unlawfulness of an administrative act is a necessary precondition of liability for fault and determining the sufficient consideration of invalidity for administrative fault. According to the French law, illegality is a necessary precondition for administrative liability — the invalidity of an administrative act makes sufficient fault, giving rise to liability. But in English law, the idea has been a topic of debate with regard to the torts of statutory duty and negligence, and other English torts. The role of illegality in damages actions within the English system may expand problems to extension of liability, inhibition of administrative activity, or a correlative retrenchment of the scope of ultra vires, which may cause a clash between the concepts of public and private law, and add further difficulty.Less
This chapter focuses on the theoretical relationship between public law and the notion of illegality and liability in a damages action, discussing whether the unlawfulness of an administrative act is a necessary precondition of liability for fault and determining the sufficient consideration of invalidity for administrative fault. According to the French law, illegality is a necessary precondition for administrative liability — the invalidity of an administrative act makes sufficient fault, giving rise to liability. But in English law, the idea has been a topic of debate with regard to the torts of statutory duty and negligence, and other English torts. The role of illegality in damages actions within the English system may expand problems to extension of liability, inhibition of administrative activity, or a correlative retrenchment of the scope of ultra vires, which may cause a clash between the concepts of public and private law, and add further difficulty.
