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THE TRANSPORTATION LAW – INTERFERENCES AND PARTICULAR FEATURES IN REGARD TO OTHER LAW BRANCHES
The transportation law law branches
2010/3/22
The forming of transportation law as a distinct law branch took time, as it followed the economical essor and, implicitly, the one of the transportation means. Though it is, among juridical branches, ...
Malay customary tenure and conflict on implementation of colonial land law in Peninsular Malaysia
Customary law land tenure colonial government sultan Malay reservation
2010/9/26
Since the independence in 1957, land tenure system in the Peninsular Malaysia (PM) has changed. The land law and regulations have been frequently amended so that the provisions and rationale of the la...
CALVIN’SCASE AND THE ORIGINS OF THE RULE GOVERNING ‘CONQUEST’ IN ENGLISH LAW
CALVIN’SCASE THE RULE GOVERNING ENGLISH LAW
2009/11/23
When the monarch of England acquires a new territory by conquest he or she may change the laws of that place; but, until then, its old laws remain in force. I shall call this common law rule ‘the conq...
BANKRUPTCY AND THE ENTREPRENEURIAL ETHOS IN ANTEBELLUM AMERICAN LAW
BANKRUPTCY THE ENTREPRENEURIAL ETHOS ANTEBELLUM AMERICAN LAW
2009/11/23
Historians of the nineteenth-century United States have long pondered the relationship between the country’s legal institutions and the development of its capitalist economy. For at least a century, b...
A COMPARISON OF THE AUSTRALIAN (‘TORRENS’) SYSTEM OF LAND REGISTRATION OF 1858 AND THE LAW OF HAMBURG IN THE 1850S
THE AUSTRALIAN SYSTEM LAND REGISTRATION THE LAW OF HAMBURG
2009/11/23
The origins of the Torrens system of land registration introduced in South Australia in 1857-58, which later spread to other parts of Australia and the world, have been the subject of a great deal of ...
A RECOGNIZABLE LAW & ECONOMICS JURISPRUDENCE?: HOW MUCH‘WEALTH’- AND ‘WELFARE’-MAXIMIZING TOOK PLACE IN THECOURTS, LEGISLATURES, AND CUSTOMS OF EIGHTEENTH AND NINETEENTH-CENTURYCOMMON-LAW DOMAINS?
RECOGNIZABLE LAW ECONOMICS JURISPRUDENCE EIGHTEENTH AND NINETEENTH-CENTURYCOMMON-LAW DOMAINS
2009/11/23
This essay asks how well Law and Economics theories and claims describe the real behavior of jurists, legislators and ordinary people in the past. It is not intended to serve as a critique of the soun...
‘THE JUDICIAL OFFICE ... BOWING TO NO POWER BUT THE SUPREMACY OF THE LAW: JUDGES AND THE RULE OF LAW IN COLONIAL AUSTRALIA AND CANADA, 1788-1840’
THE JUDICIAL OFFICE COLONIAL AUSTRALIA CANADA 1788-1840
2009/11/23
Elsewhere there might be the sultan’s caprice, the lit de justice, judicial torture, the slow-grinding mills of the canon law’s bureaucracy and the auto-da-fe of the Inquisition. In England by contras...
Law[yer]’s History, Conversationally Speaking
LAW[YER]’S HISTORY CONVERSATIONALLY SPEAKING commitment evident
2009/11/23
I am delighted to be speaking in this forum today. Alex Castles was such an important presence in the early years of the Law and History conferences that it is only right that we should honour his con...
A POSTCOLONIAL UNDERSTANDING OF LAW AND SOCIETY: EXPLORING CRIMINAL TRIALS IN COLONIAL QUEENSLAND
POSTCOLONIAL UNDERSTANDING LAW SOCIETY CRIMINAL TRIALS COLONIAL QUEENSLAND
2009/11/23
In the 1990s, postcolonial literary scholars energized theoretical discussions about empires. They analyzed the language and images of imperial ideologies, scrutinizing gaps between the liberal univer...
THE BOUNDARIES OF COLONIAL CRIMINAL LAW IN RELATION TO INTER-ABORIGINAL CONFLICT (‘INTER SE OFFENCES’) IN WESTERN AUSTRALIA IN THE 1830S-1840S
COLONIAL CRIMINAL LAW INTER-ABORIGINAL CONFLICT WESTERN AUSTRALIA THE 1830S-1840S
2009/11/23
The question of whether Aborigines were subject to British law for conflicts between themselves (inter se offences), arose in New South Wales and Western Australia during the 1830s and 1840s. There is...
THE WESTPHALIAN MODEL IN DEFINING INTERNATIONAL LAW: CHALLENGING THE MYTH
WESTPHALIAN MODEL INTERNATIONAL LAW CHALLENGING THE MYTH
2009/11/23
Words and expressions are activities in themselves.Words and expressions are mental-social phenomena separate and distinct from reality.Words and expressions exist and act within human consciousness.I...