Ernest Metzger
- Published in print:
- 2005
- Published Online:
- January 2010
- ISBN:
- 9780198298557
- eISBN:
- 9780191707520
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298557.001.0001
- Subject:
- Law, Comparative Law
Modern accounts of how lawsuits were filed in Rome during the classical period tend to show that the opponents were willingly working together under the guidance of a magistrate, until their case was ...
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Modern accounts of how lawsuits were filed in Rome during the classical period tend to show that the opponents were willingly working together under the guidance of a magistrate, until their case was ready for trial. The parties found a convenient time to make their first appearance, at which time they decided on the details of their case, selected a judge, and received permission to go to trial. If any delay were necessary, the magistrate helped the parties in their arrangements to return. This picture is unrealistic: it presumes a high degree of cooperation between the parties, the personal stewardship of a magistrate, and the ready availability of a judge. This accepted picture emerged over time from a tiny amount of evidence. Justinian had no interest in preserving evidence on classical procedure, and subsequent generations of jurists often did not regard rules of procedure as worthy of interest. Recent years, however, have brought a flood of new evidence on classical Roman legal procedure. The book examines this evidence, painting a picture of litigation that is far less polite and far less orderly. The book also examines how the rules of procedure coped with the typical pre-trial delays faced by the Roman system, and indeed any legal system.Less
Modern accounts of how lawsuits were filed in Rome during the classical period tend to show that the opponents were willingly working together under the guidance of a magistrate, until their case was ready for trial. The parties found a convenient time to make their first appearance, at which time they decided on the details of their case, selected a judge, and received permission to go to trial. If any delay were necessary, the magistrate helped the parties in their arrangements to return. This picture is unrealistic: it presumes a high degree of cooperation between the parties, the personal stewardship of a magistrate, and the ready availability of a judge. This accepted picture emerged over time from a tiny amount of evidence. Justinian had no interest in preserving evidence on classical procedure, and subsequent generations of jurists often did not regard rules of procedure as worthy of interest. Recent years, however, have brought a flood of new evidence on classical Roman legal procedure. The book examines this evidence, painting a picture of litigation that is far less polite and far less orderly. The book also examines how the rules of procedure coped with the typical pre-trial delays faced by the Roman system, and indeed any legal system.
Jiang Wu
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780195333572
- eISBN:
- 9780199868872
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195333572.003.0012
- Subject:
- Religion, Buddhism
This chapter focuses on the dispute about Feiyin Tongrong's Wudeng yantong (Strict transmissions of the five Chan schools). The chapter details the process of the debate and contents of various ...
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This chapter focuses on the dispute about Feiyin Tongrong's Wudeng yantong (Strict transmissions of the five Chan schools). The chapter details the process of the debate and contents of various polemical books. In particular, based on a newly discovered collection of legal documents, the chapter explores how the lawsuit about Feiyin's book was judged by officials.Less
This chapter focuses on the dispute about Feiyin Tongrong's Wudeng yantong (Strict transmissions of the five Chan schools). The chapter details the process of the debate and contents of various polemical books. In particular, based on a newly discovered collection of legal documents, the chapter explores how the lawsuit about Feiyin's book was judged by officials.
ERNEST METZGER
- Published in print:
- 2005
- Published Online:
- January 2010
- ISBN:
- 9780198298557
- eISBN:
- 9780191707520
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298557.003.0009
- Subject:
- Law, Comparative Law
This book reconstructs the rules of litigation and civil procedure in Rome during the classical period based on three sources: the Praetor's edict on vadimonium or bail, the formula used in the ...
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This book reconstructs the rules of litigation and civil procedure in Rome during the classical period based on three sources: the Praetor's edict on vadimonium or bail, the formula used in the vadimonium documents, and the postponements spelled out in the lex Irnitana. The lex Irnitana describes how a magistrate, once per day, had to order a three-day postponement. All three sources show that parties in a lawsuit sometimes arrive unprepared or unable to see the magistrate immediately, and to a substantial extent they have the power independently to decide what their next step should be. The real shortcoming in this system is not the delays themselves, but the way in which the defendant or his representative can be brought back to the magistrate again and again. This gives a plaintiff the opportunity to exert pressure on his defendant in an unpleasant way: the defendant cannot be forced to submit to a lawsuit, but he can be worn down by repeated meetings.Less
This book reconstructs the rules of litigation and civil procedure in Rome during the classical period based on three sources: the Praetor's edict on vadimonium or bail, the formula used in the vadimonium documents, and the postponements spelled out in the lex Irnitana. The lex Irnitana describes how a magistrate, once per day, had to order a three-day postponement. All three sources show that parties in a lawsuit sometimes arrive unprepared or unable to see the magistrate immediately, and to a substantial extent they have the power independently to decide what their next step should be. The real shortcoming in this system is not the delays themselves, but the way in which the defendant or his representative can be brought back to the magistrate again and again. This gives a plaintiff the opportunity to exert pressure on his defendant in an unpleasant way: the defendant cannot be forced to submit to a lawsuit, but he can be worn down by repeated meetings.
Dr. Ben S. Branch, Hugh M. Ray, and Robin Russell
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780195306989
- eISBN:
- 9780199783762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195306989.003.0008
- Subject:
- Economics and Finance, Financial Economics
This chapter focuses on the types of causes of action which may belong to the failed business. Lawsuits, such as actions against officers and directors for breach of their duties to the company, ...
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This chapter focuses on the types of causes of action which may belong to the failed business. Lawsuits, such as actions against officers and directors for breach of their duties to the company, actions against lawyers and accountants for professional malpractice, actions to avoid preference payments, and fraudulent transfers made by the debtor are discussed. The aim is to provide a framework for the liquidator's economic analysis of the value of each cause of action by determining the cost and time to litigate and the probability of success and collection.Less
This chapter focuses on the types of causes of action which may belong to the failed business. Lawsuits, such as actions against officers and directors for breach of their duties to the company, actions against lawyers and accountants for professional malpractice, actions to avoid preference payments, and fraudulent transfers made by the debtor are discussed. The aim is to provide a framework for the liquidator's economic analysis of the value of each cause of action by determining the cost and time to litigate and the probability of success and collection.
Nicholas P. Money
- Published in print:
- 2004
- Published Online:
- September 2007
- ISBN:
- 9780195172270
- eISBN:
- 9780199790258
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195172270.003.0001
- Subject:
- Biology, Microbiology
This chapter begins with an overview of the treatment of indoor molds by the national media, stories of celebrity victims of mold exposure, and the epidemic of lawsuits related to fungal growth in ...
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This chapter begins with an overview of the treatment of indoor molds by the national media, stories of celebrity victims of mold exposure, and the epidemic of lawsuits related to fungal growth in homes. The outbreak of lung bleeding among infants in Cleveland in the 1990s, and subsequent study by the Centers for Disease Control (CDC) is another feature of this introductory chapter. Initial research identified the infants’ exposure to the mold Stachybotrys as the likely cause of their illness, but this conclusion was retracted later and remains highly controversial. Various approaches to assessing and treating mold growth are introduced to set the stage for the detailed discussion of every facet of the mold issue.Less
This chapter begins with an overview of the treatment of indoor molds by the national media, stories of celebrity victims of mold exposure, and the epidemic of lawsuits related to fungal growth in homes. The outbreak of lung bleeding among infants in Cleveland in the 1990s, and subsequent study by the Centers for Disease Control (CDC) is another feature of this introductory chapter. Initial research identified the infants’ exposure to the mold Stachybotrys as the likely cause of their illness, but this conclusion was retracted later and remains highly controversial. Various approaches to assessing and treating mold growth are introduced to set the stage for the detailed discussion of every facet of the mold issue.
Cass R. Sunstein
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780195305104
- eISBN:
- 9780199850556
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195305104.003.0012
- Subject:
- Political Science, Environmental Politics
This chapter addresses the question of whether animals should be allowed to sue. It argues that, at a minimum, lawsuits should be permitted, on animals' behalf, to ensure compliance with existing ...
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This chapter addresses the question of whether animals should be allowed to sue. It argues that, at a minimum, lawsuits should be permitted, on animals' behalf, to ensure compliance with existing law. The chapter recommends that laws designed to protect animals against cruelty, and that abuse should be amended or interpreted to give a private cause of action against those who violate those laws, so as to allow private people to supplement the efforts of public prosecutors.Less
This chapter addresses the question of whether animals should be allowed to sue. It argues that, at a minimum, lawsuits should be permitted, on animals' behalf, to ensure compliance with existing law. The chapter recommends that laws designed to protect animals against cruelty, and that abuse should be amended or interpreted to give a private cause of action against those who violate those laws, so as to allow private people to supplement the efforts of public prosecutors.
Andrew Lintott
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780199216444
- eISBN:
- 9780191712180
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199216444.003.0006
- Subject:
- Classical Studies, European History: BCE to 500CE
This chapter examines two cases wherein Cicero appears to have had a reasonable case on a strict interpretation of the law. However, in the case of pro Roscio Comoedo he needed to reinforce it by ...
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This chapter examines two cases wherein Cicero appears to have had a reasonable case on a strict interpretation of the law. However, in the case of pro Roscio Comoedo he needed to reinforce it by presenting his client in a better light than perhaps his character justified. The two lawsuits arose from property disputes involving violence. In each case, Cicero's client claimed to have suffered violence: in pro Tullio to his slaves; in pro Caecina to his own person and those of his friends and supporters. The aims of the suits, however, were different: in the first it was a matter of obtaining damages for the loss; in the second the winning of a judicial wager which in due course should have led to the taking possession of a disputed piece of real estate.Less
This chapter examines two cases wherein Cicero appears to have had a reasonable case on a strict interpretation of the law. However, in the case of pro Roscio Comoedo he needed to reinforce it by presenting his client in a better light than perhaps his character justified. The two lawsuits arose from property disputes involving violence. In each case, Cicero's client claimed to have suffered violence: in pro Tullio to his slaves; in pro Caecina to his own person and those of his friends and supporters. The aims of the suits, however, were different: in the first it was a matter of obtaining damages for the loss; in the second the winning of a judicial wager which in due course should have led to the taking possession of a disputed piece of real estate.
Stuart Carroll
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199290451
- eISBN:
- 9780191710490
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199290451.003.0009
- Subject:
- History, European Early Modern History
In early modern France, feuds did not come to an end when either of the disputing parties had recourse to law. The judicial system was not neutral, nor was the law free from the social and political ...
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In early modern France, feuds did not come to an end when either of the disputing parties had recourse to law. The judicial system was not neutral, nor was the law free from the social and political constraints in which it operated. For the elite, litigation was a way of life that consumed money and imposed immense psychological burdens. For those at the lower end of the elite, desperate to keep up appearances, the lawsuit was probably more all-consuming and had greater import than for their peers who had factotums to take the strain and who enjoyed a greater variety of recreational activities. To feuding parties, writs, summonses, and other court orders were provocations attended by violence. This chapter outlines the role of justice in dealing with heinous crimes in early modern France, including the legal procedure, the trial, chicanery, legal costs, and punishment.Less
In early modern France, feuds did not come to an end when either of the disputing parties had recourse to law. The judicial system was not neutral, nor was the law free from the social and political constraints in which it operated. For the elite, litigation was a way of life that consumed money and imposed immense psychological burdens. For those at the lower end of the elite, desperate to keep up appearances, the lawsuit was probably more all-consuming and had greater import than for their peers who had factotums to take the strain and who enjoyed a greater variety of recreational activities. To feuding parties, writs, summonses, and other court orders were provocations attended by violence. This chapter outlines the role of justice in dealing with heinous crimes in early modern France, including the legal procedure, the trial, chicanery, legal costs, and punishment.
Lori A. Flores
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9780300196962
- eISBN:
- 9780300216387
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300196962.003.0006
- Subject:
- Society and Culture, Latin American Studies
This chapter examines the farmworker movement in the Salinas Valley after the termination of the Bracero Program. It first considers the rise of Cesar Chavez and his United Farm Workers Organizing ...
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This chapter examines the farmworker movement in the Salinas Valley after the termination of the Bracero Program. It first considers the rise of Cesar Chavez and his United Farm Workers Organizing Committee (UFWOC) and the lawsuits filed by Salinas farmworkers with the help of the California Rural Legal Assistance. It then explores how the continued importation of braceros in what was supposed to be a post-bracero era affected Salinas's farmworkers, the majority of whom were Mexican Americans. It also discusses the legal actions and victories of Salinas farmworkers against growers who sought to continue importing braceros and prevent their employees from joining the UFWOC. These legal actions and victories, the chapter argues, were evidence of the farmworker movement's revival in the Salinas Valley.Less
This chapter examines the farmworker movement in the Salinas Valley after the termination of the Bracero Program. It first considers the rise of Cesar Chavez and his United Farm Workers Organizing Committee (UFWOC) and the lawsuits filed by Salinas farmworkers with the help of the California Rural Legal Assistance. It then explores how the continued importation of braceros in what was supposed to be a post-bracero era affected Salinas's farmworkers, the majority of whom were Mexican Americans. It also discusses the legal actions and victories of Salinas farmworkers against growers who sought to continue importing braceros and prevent their employees from joining the UFWOC. These legal actions and victories, the chapter argues, were evidence of the farmworker movement's revival in the Salinas Valley.
Richard A. Daynard
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199566655
- eISBN:
- 9780191594410
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199566655.003.0035
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
Litigation plays at least six different roles in tobacco control. First, the most common and least dramatic role is ordinary enforcement of tobacco-control laws. Second, too frequently governments ...
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Litigation plays at least six different roles in tobacco control. First, the most common and least dramatic role is ordinary enforcement of tobacco-control laws. Second, too frequently governments enforce tobacco-control laws sporadically or not at all, creating the opportunity for NGOs either to bring law enforcement actions directly or to sue their governments to force them to do their job, depending on whether courts will permit NGOs to take such actions. Third, tobacco companies increasingly use litigation to thwart effective tobacco control legislation and programmes, typically arguing that constitutional provisions or other controlling law pre-empts such measures. Fourth, lawsuits and administrative proceedings have been brought by smoke-sensitive individuals against employers and places of public accommodation, seeking protection from second-hand smoke or compensation for illnesses caused or exacerbated by exposure to second-hand smoke. Fifth, many lawsuits have been brought by individuals, groups or classes of individuals, and third-party health care payers against the tobacco companies, seeking compensation for tobacco-caused illness, death, and/or out-of-pocket economic costs. Sixth, governments occasionally attempt to enforce general laws (e.g., against racketeering) against tobacco companies, alleging that deceptive and illegal practices by the industry have harmed the general public. Unlike ordinary law enforcement, these cases seek court orders requiring fundamental changes in the way these companies do business. Each of these roles has implications for social change. This chapter discusses each of these in turn, with the most attention devoted to the cases against the tobacco industry. It also looks at the role that legislation can play in encouraging or discouraging tobacco litigation. It concludes with a brief discussion of how tobacco control would have been different in the past in the absence of litigation, and how litigation may affect the course and success of tobacco control in the future.Less
Litigation plays at least six different roles in tobacco control. First, the most common and least dramatic role is ordinary enforcement of tobacco-control laws. Second, too frequently governments enforce tobacco-control laws sporadically or not at all, creating the opportunity for NGOs either to bring law enforcement actions directly or to sue their governments to force them to do their job, depending on whether courts will permit NGOs to take such actions. Third, tobacco companies increasingly use litigation to thwart effective tobacco control legislation and programmes, typically arguing that constitutional provisions or other controlling law pre-empts such measures. Fourth, lawsuits and administrative proceedings have been brought by smoke-sensitive individuals against employers and places of public accommodation, seeking protection from second-hand smoke or compensation for illnesses caused or exacerbated by exposure to second-hand smoke. Fifth, many lawsuits have been brought by individuals, groups or classes of individuals, and third-party health care payers against the tobacco companies, seeking compensation for tobacco-caused illness, death, and/or out-of-pocket economic costs. Sixth, governments occasionally attempt to enforce general laws (e.g., against racketeering) against tobacco companies, alleging that deceptive and illegal practices by the industry have harmed the general public. Unlike ordinary law enforcement, these cases seek court orders requiring fundamental changes in the way these companies do business. Each of these roles has implications for social change. This chapter discusses each of these in turn, with the most attention devoted to the cases against the tobacco industry. It also looks at the role that legislation can play in encouraging or discouraging tobacco litigation. It concludes with a brief discussion of how tobacco control would have been different in the past in the absence of litigation, and how litigation may affect the course and success of tobacco control in the future.
Stephen C. Yeazell
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780226546254
- eISBN:
- 9780226546421
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226546421.001.0001
- Subject:
- Law, Legal History
Some describe civil litigation as little more than a drag on the economy; others hail it as the solution to most of the country’s problems Stephen C. Yeazell argues that both positions are wrong. ...
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Some describe civil litigation as little more than a drag on the economy; others hail it as the solution to most of the country’s problems Stephen C. Yeazell argues that both positions are wrong. Deeply embedded in our political and economic systems, civil litigation is both a system for resolving disputes and a successful business model, a fact that both its opponents and its fans do their best to conceal. Lawsuits in a Market Economy explains how contemporary civil litigation in the United States works and how it has changed over the past century. The book corrects common misconceptions—some of which have proved remarkably durable even in the face of contrary evidence—and explores how our constitutional structure, an evolving economy, and developments in procedural rules and litigation financing systems have moved us from expecting that lawsuits end in trial and judgment to expecting that they will end in settlements. Yeazell argues that today’s system has in some ways overcome—albeit inconsistently—disparities between the rich and poor in access to civil justice. Once upon a time, might regularly triumphed over right. That is slightly less likely today—even though we continue to witness enormous disparities in wealth and power. The book concludes with an evaluation of recent changes and their possible consequences.Less
Some describe civil litigation as little more than a drag on the economy; others hail it as the solution to most of the country’s problems Stephen C. Yeazell argues that both positions are wrong. Deeply embedded in our political and economic systems, civil litigation is both a system for resolving disputes and a successful business model, a fact that both its opponents and its fans do their best to conceal. Lawsuits in a Market Economy explains how contemporary civil litigation in the United States works and how it has changed over the past century. The book corrects common misconceptions—some of which have proved remarkably durable even in the face of contrary evidence—and explores how our constitutional structure, an evolving economy, and developments in procedural rules and litigation financing systems have moved us from expecting that lawsuits end in trial and judgment to expecting that they will end in settlements. Yeazell argues that today’s system has in some ways overcome—albeit inconsistently—disparities between the rich and poor in access to civil justice. Once upon a time, might regularly triumphed over right. That is slightly less likely today—even though we continue to witness enormous disparities in wealth and power. The book concludes with an evaluation of recent changes and their possible consequences.
T. A. R. Evans and R. J. Faith
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780199510122
- eISBN:
- 9780191700941
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199510122.003.0015
- Subject:
- History, British and Irish Medieval History
This chapter discusses how the lands of the church financially support colleges. It evaluates the cost of establishing a new college, including the costs of lawsuits. It also discusses the benefactor ...
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This chapter discusses how the lands of the church financially support colleges. It evaluates the cost of establishing a new college, including the costs of lawsuits. It also discusses the benefactor of the churches as well as of the colleges and describes the process of conveying property to colleges. It views colleges as ecclesiastical corporations, holding their lands in ‘free alms’, and were counted among the clergy for the purposes of taxation. It notes that an important source of property from which the late medieval foundations benefited in particular was the English possession of alien priories. It adds that the geographical distribution of college estates was to a large extent determined by what was available to their founders and benefactors. And that colleges were also in the market for labour.Less
This chapter discusses how the lands of the church financially support colleges. It evaluates the cost of establishing a new college, including the costs of lawsuits. It also discusses the benefactor of the churches as well as of the colleges and describes the process of conveying property to colleges. It views colleges as ecclesiastical corporations, holding their lands in ‘free alms’, and were counted among the clergy for the purposes of taxation. It notes that an important source of property from which the late medieval foundations benefited in particular was the English possession of alien priories. It adds that the geographical distribution of college estates was to a large extent determined by what was available to their founders and benefactors. And that colleges were also in the market for labour.
Christopher Tyerman
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198227960
- eISBN:
- 9780191678776
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198227960.003.0004
- Subject:
- History, British and Irish Medieval History, British and Irish Modern History
When John Lyon's wife Joan died on August 27, 1608, the governors entered into full possession and control of the Lyon trusts and endowments. Their behaviour over the following few years would ...
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When John Lyon's wife Joan died on August 27, 1608, the governors entered into full possession and control of the Lyon trusts and endowments. Their behaviour over the following few years would determine more surely than any written instruction whether or not John Lyon's benefaction would survive. Implementing founders' wishes could be risky. At Harrow School, the discharge of their obligations led the governors into court in 1611 as defendants in a Chancery lawsuit brought against them for misuse of funds and neglect of the terms of the trusts they managed. The case and the judgment of Lord Chancellor Ellesmere revealed the problems faced by, as well as the diligence of, the governors while at the same time determining the parameters within which they could administer the proceeds from Lyon's bequest. From the evidence and arguments presented in Chancery and the governors' own records, it is possible to piece together with some precision the construction of the schoolhouse and the opening of the Free Grammar School itself.Less
When John Lyon's wife Joan died on August 27, 1608, the governors entered into full possession and control of the Lyon trusts and endowments. Their behaviour over the following few years would determine more surely than any written instruction whether or not John Lyon's benefaction would survive. Implementing founders' wishes could be risky. At Harrow School, the discharge of their obligations led the governors into court in 1611 as defendants in a Chancery lawsuit brought against them for misuse of funds and neglect of the terms of the trusts they managed. The case and the judgment of Lord Chancellor Ellesmere revealed the problems faced by, as well as the diligence of, the governors while at the same time determining the parameters within which they could administer the proceeds from Lyon's bequest. From the evidence and arguments presented in Chancery and the governors' own records, it is possible to piece together with some precision the construction of the schoolhouse and the opening of the Free Grammar School itself.
Peter Hinchliff
- Published in print:
- 1997
- Published Online:
- October 2011
- ISBN:
- 9780198205968
- eISBN:
- 9780191676871
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198205968.003.0018
- Subject:
- History, European Modern History, History of Religion
John William Colenso, first bishop of Natal in southern Mrica, became embroiled in a dispute concerning the precise legal and constitutional position of the established Church of England in the ...
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John William Colenso, first bishop of Natal in southern Mrica, became embroiled in a dispute concerning the precise legal and constitutional position of the established Church of England in the British colonies. The Elizabethan Act of Supremacy had asserted that the queen, as supreme governor of the Church of England, possessed jurisdiction over all persons and all causes ecclesiastical as well as temporal (or secular) throughout all her dominions. This chapter notes that the Act did not say that the queen was supreme head of all religion in all her dominions. She was supreme governor of the Church of England. That supremacy extended over persons and over lawsuits (causes).Less
John William Colenso, first bishop of Natal in southern Mrica, became embroiled in a dispute concerning the precise legal and constitutional position of the established Church of England in the British colonies. The Elizabethan Act of Supremacy had asserted that the queen, as supreme governor of the Church of England, possessed jurisdiction over all persons and all causes ecclesiastical as well as temporal (or secular) throughout all her dominions. This chapter notes that the Act did not say that the queen was supreme head of all religion in all her dominions. She was supreme governor of the Church of England. That supremacy extended over persons and over lawsuits (causes).
James E. Shaw
- Published in print:
- 2006
- Published Online:
- January 2012
- ISBN:
- 9780197263778
- eISBN:
- 9780191734823
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197263778.003.0006
- Subject:
- History, European Modern History
While criminal justice emphasizes the role of law as an instrument of control, the study of civil justice presents an alternative view of the law as a resource. The criminal branch of the Giustizia ...
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While criminal justice emphasizes the role of law as an instrument of control, the study of civil justice presents an alternative view of the law as a resource. The criminal branch of the Giustizia Vecchia enforced market rules in partnership with the guilds, but parallel to this was a civil branch that considered private disputes. This chapter examines how far this civil justice was accessible to ordinary people. In particular, it asks whether the Giustizia Vecchia can be defined as a court of equity or as a court of law, and analyses the practical consequences of this for ordinary people. The vast majority of lawsuits fall into the category of small claims, defined in Venice as those worth up to 50 ducats. It was to keep legal costs down as far as possible, even if this meant accepting lower standards of justice.Less
While criminal justice emphasizes the role of law as an instrument of control, the study of civil justice presents an alternative view of the law as a resource. The criminal branch of the Giustizia Vecchia enforced market rules in partnership with the guilds, but parallel to this was a civil branch that considered private disputes. This chapter examines how far this civil justice was accessible to ordinary people. In particular, it asks whether the Giustizia Vecchia can be defined as a court of equity or as a court of law, and analyses the practical consequences of this for ordinary people. The vast majority of lawsuits fall into the category of small claims, defined in Venice as those worth up to 50 ducats. It was to keep legal costs down as far as possible, even if this meant accepting lower standards of justice.
Christopher Tyerman
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198227960
- eISBN:
- 9780191678776
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198227960.003.0011
- Subject:
- History, British and Irish Medieval History, British and Irish Modern History
Early 19th-century Harrow witnessed the school's descent from the second most popular and, for its meagre endowment, easily the most successful public school in England to one facing closure. In ...
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Early 19th-century Harrow witnessed the school's descent from the second most popular and, for its meagre endowment, easily the most successful public school in England to one facing closure. In 1805, George Butler inherited over 250 pupils and an established reputation. In December 1844, Christopher Wordsworth left with just sixty-nine on the roll, with probably fewer in residence, the governors, in June of that year having acknowledged ‘the probable Dissolution of the School’. The reasons for Harrow School's apparent collapse are not as obvious as a bare recital of the elements of decline might suggest. There were external challenges common to all public schools, notably prolonged agricultural depression, the great financial crash of the autumn of 1825, and the economic crises of 1837 and 1842. However, the consequences of industrialization had some direct benefits. More insidious than the vagaries of the new industrial cycles or the malaise in agriculture following the end of the French wars were the vociferous attacks on the public school system of education.Less
Early 19th-century Harrow witnessed the school's descent from the second most popular and, for its meagre endowment, easily the most successful public school in England to one facing closure. In 1805, George Butler inherited over 250 pupils and an established reputation. In December 1844, Christopher Wordsworth left with just sixty-nine on the roll, with probably fewer in residence, the governors, in June of that year having acknowledged ‘the probable Dissolution of the School’. The reasons for Harrow School's apparent collapse are not as obvious as a bare recital of the elements of decline might suggest. There were external challenges common to all public schools, notably prolonged agricultural depression, the great financial crash of the autumn of 1825, and the economic crises of 1837 and 1842. However, the consequences of industrialization had some direct benefits. More insidious than the vagaries of the new industrial cycles or the malaise in agriculture following the end of the French wars were the vociferous attacks on the public school system of education.
Linda Civitello
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9780252041082
- eISBN:
- 9780252099632
- Item type:
- book
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252041082.001.0001
- Subject:
- Sociology, Culture
This book is about the Hundred Years War of food business, how a mid-nineteenth century American invention, baking powder, replaced yeast as a leavening agent and created a culinary revolution as ...
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This book is about the Hundred Years War of food business, how a mid-nineteenth century American invention, baking powder, replaced yeast as a leavening agent and created a culinary revolution as profound as the use of yeast thousands of years ago. Before government regulation, the force controlling the market was not a visible or invisible hand, but advertising sleight of hand. Four companies—Rumford, Royal, Calumet, and Clabber Girl—fought advertising, trade, legislative, scientific, and judicial wars with proprietary cookbooks, lawsuits, trade cards, and bribes. In the process, they altered or created cake, cupcakes, cookies, biscuits, pancakes, quick breads, waffles, doughnuts, and other foods, and forged a distinct American culinary identity. This new American chemical leavening shortcut also changed the breadstuffs of Native Americans and every immigrant group and was a force for assimilation. The wars continued in spite of scandals exposed by muckraking journalists and investigation by President Theodore Roosevelt, through WWI, the 1920s, the Depression, and WWII in every state, territory, and kitchen in the United States until standardization finally occurred at the end of the twentieth century. Now, global businesses such as McDonald’s and Kentucky Fried Chicken depend on baking powder for their baked goods, and baking powder is in home and commercial kitchens around the world.Less
This book is about the Hundred Years War of food business, how a mid-nineteenth century American invention, baking powder, replaced yeast as a leavening agent and created a culinary revolution as profound as the use of yeast thousands of years ago. Before government regulation, the force controlling the market was not a visible or invisible hand, but advertising sleight of hand. Four companies—Rumford, Royal, Calumet, and Clabber Girl—fought advertising, trade, legislative, scientific, and judicial wars with proprietary cookbooks, lawsuits, trade cards, and bribes. In the process, they altered or created cake, cupcakes, cookies, biscuits, pancakes, quick breads, waffles, doughnuts, and other foods, and forged a distinct American culinary identity. This new American chemical leavening shortcut also changed the breadstuffs of Native Americans and every immigrant group and was a force for assimilation. The wars continued in spite of scandals exposed by muckraking journalists and investigation by President Theodore Roosevelt, through WWI, the 1920s, the Depression, and WWII in every state, territory, and kitchen in the United States until standardization finally occurred at the end of the twentieth century. Now, global businesses such as McDonald’s and Kentucky Fried Chicken depend on baking powder for their baked goods, and baking powder is in home and commercial kitchens around the world.
Amrita Chakrabarti Myers
- Published in print:
- 2011
- Published Online:
- July 2014
- ISBN:
- 9780807835050
- eISBN:
- 9781469602592
- Item type:
- book
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/9780807869093_myers
- Subject:
- History, African-American History
For black women in antebellum Charleston, freedom was not a static legal category but a fragile and contingent experience. This deeply researched social history analyzes the ways in which black women ...
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For black women in antebellum Charleston, freedom was not a static legal category but a fragile and contingent experience. This deeply researched social history analyzes the ways in which black women in Charleston acquired, defined, and defended their own vision of freedom. Drawing on legislative and judicial materials, probate data, tax lists, church records, family papers, and more, it creates detailed portraits of individual women while exploring how black female Charlestonians sought to create a fuller freedom by improving their financial, social, and legal standing. Examining both those who were officially manumitted and those who lived as free persons but lacked official documentation, the author reveals that free black women filed lawsuits and petitions, acquired property (including slaves), entered into contracts, paid taxes, earned wages, attended schools, and formed familial alliances with wealthy and powerful men, black and whit–all in an effort to solidify and expand their freedom. Never fully free, black women had to depend on their skills of negotiation in a society dedicated to upholding both slavery and patriarchy. The book examines the many ways in which Charleston's black women crafted a freedom of their own design instead of accepting the limited existence imagined for them by white Southerners.Less
For black women in antebellum Charleston, freedom was not a static legal category but a fragile and contingent experience. This deeply researched social history analyzes the ways in which black women in Charleston acquired, defined, and defended their own vision of freedom. Drawing on legislative and judicial materials, probate data, tax lists, church records, family papers, and more, it creates detailed portraits of individual women while exploring how black female Charlestonians sought to create a fuller freedom by improving their financial, social, and legal standing. Examining both those who were officially manumitted and those who lived as free persons but lacked official documentation, the author reveals that free black women filed lawsuits and petitions, acquired property (including slaves), entered into contracts, paid taxes, earned wages, attended schools, and formed familial alliances with wealthy and powerful men, black and whit–all in an effort to solidify and expand their freedom. Never fully free, black women had to depend on their skills of negotiation in a society dedicated to upholding both slavery and patriarchy. The book examines the many ways in which Charleston's black women crafted a freedom of their own design instead of accepting the limited existence imagined for them by white Southerners.
Anson Shupe
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780195331493
- eISBN:
- 9780199852321
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331493.003.0014
- Subject:
- Religion, Religion and Society
Scientology is especially important for its role in destroying the Cult Awareness Network (CAN). This chapter provides an historical overview of this conflict, particularly focusing on the events ...
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Scientology is especially important for its role in destroying the Cult Awareness Network (CAN). This chapter provides an historical overview of this conflict, particularly focusing on the events that led to the demise of the Cult Awareness Network. It describes their respective public strategies, tactics, and entanglements over a ten-year period until CAN, buried under a barrage of resource-consuming lawsuits, succumbed to bankruptcy.Less
Scientology is especially important for its role in destroying the Cult Awareness Network (CAN). This chapter provides an historical overview of this conflict, particularly focusing on the events that led to the demise of the Cult Awareness Network. It describes their respective public strategies, tactics, and entanglements over a ten-year period until CAN, buried under a barrage of resource-consuming lawsuits, succumbed to bankruptcy.
James T. Richardson
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780195331493
- eISBN:
- 9780199852321
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331493.003.0015
- Subject:
- Religion, Religion and Society
Since its establishment in 1954, the Church of Scientology has filed innumerable lawsuits against governments, individuals, and organizations in a long-running effort to establish itself legally as a ...
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Since its establishment in 1954, the Church of Scientology has filed innumerable lawsuits against governments, individuals, and organizations in a long-running effort to establish itself legally as a religion, and to defend itself from allegations made by outsiders, former members, and government officials. This chapter analyzes the experience of Scientology in court in terms of two issues: (1) cases in which Scientology has attempted to define and defend itself as a genuine religion and (2) cases concerning registration in societies that demand registration of religious groups before they can achieve tax exempt status and other privileges. These types of cases are discussed by country, with certain countries being particularly significant in terms of legal precedents and the impact of their decisions.Less
Since its establishment in 1954, the Church of Scientology has filed innumerable lawsuits against governments, individuals, and organizations in a long-running effort to establish itself legally as a religion, and to defend itself from allegations made by outsiders, former members, and government officials. This chapter analyzes the experience of Scientology in court in terms of two issues: (1) cases in which Scientology has attempted to define and defend itself as a genuine religion and (2) cases concerning registration in societies that demand registration of religious groups before they can achieve tax exempt status and other privileges. These types of cases are discussed by country, with certain countries being particularly significant in terms of legal precedents and the impact of their decisions.
