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actual and virtual

A modal distinction proposed by French philosopher Gilles Deleuze as a replacement for the problematic real-possible distinction more commonly used in philosophy. The possible is a bad ...

Sentence in Chinese Law

Sentence in Chinese Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
1,754 words

...to the twenty degrees of the nominal scale of punishment. First, the intermediate class is subject to a virtual mitigation from death ( jiansi ). Nominally, the intermediate class is included within the range of felonies and made subject to capital punishment. But in fact a line is drawn between capital offenses which really are supposed to entail death and capital offenses which from the very beginning are considered to be subject to mitigation. Second, minor crimes are often handled by a method of “rereading” the nominal punishment. Rereading, or...

Final Process

Final Process   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
2,215 words

...and therefore on final process, was available in most personal actions by the early sixteenth century. Complaints about the immorality and inefficacy of civil imprisonment were being voiced by the mid-seventeenth century. At the margins, restrictions were introduced over the course of the seventeenth and eighteenth centuries (such as immunities for sailors in His Majesty’s service owing no more than £20). Notoriously, abuses developed (whether by judgment creditors or judgment debtors, sheriffs, or jailers), leading, in the nineteenth century, to the virtual...

Legal Process

Legal Process   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
4,632 words
Illustration(s):
1

...and Sacks, Eskridge urges us to consider statutes from “the bottom up”—from the perspective of private parties, agencies, and lower courts whose work most shapes and influences what the court hears and how it will resolve cases. Hart and Sacks somewhat acknowledged the need to accommodate women as a distinct political force. But even in statutory-construction cases, Eskridge calls for a virtual presumption that courts must force legislatures to hear the views of groups such as African Americans, religious fundamentalists, consumers, Latinos, lesbians and gay...

Treason

Treason   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
4,993 words
Illustration(s):
1

...had made themselves virtual rulers of the country by dominating the king, were condemned by their enemies on charges of accroaching (usurping) royal power; in 1330 , Edward III's mother, Queen Isabella, and her lover, Roger de Mortimer , secured the execution of the king's uncle Edmund, Earl of Kent, younger son of Edward I by his second marriage, on charges that he was plotting to restore Edward II to the throne. The Statute of Treasons, passed by the parliament of 1351–1352 and still in force, was theoretically declaratory of the existing common law, as...

Islamic Schools of Sacred Law

Islamic Schools of Sacred Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
12,540 words
Illustration(s):
1

...School of Law The Hanbali school is a school of Sunni law and theology whose foundations were laid during the later decades of the ninth century and in the early tenth century, largely under the influence of Ahmad ibn Hanbal ( d. 855 c.e. ) and his leading disciples. Thanks in part to the discovery of new sources and in part to advances in scholarship—reflected in the work of Henri Laoust , George Makdisi , Christopher Melchert , and others—our understanding of Hanbalism has undergone a virtual revolution since the early 1940s. In contrast to the older...

South and Central America

South and Central America   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
15,631 words
Illustration(s):
2

...the sixteenth and seventeenth centuries, and the Spanish Crown's projects in Peru and Mexico to extract precious metals, the latter with far greater immediate financial impact. The shared politico-ideological drive to convert the natives into loyal servants of Church and Crown involved in both cases the virtual destruction of many indigenous populations, as the conquest resulted in much slavery and large-scale confiscation of indigenous lands. The rapidity of the conquest was possible because the invaders had vastly superior military technology and brought with...

Japan

Japan   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
18,029 words
Illustration(s):
6

...a relatively uncomplicated transplant and adaptation of European (French) civil law, the introduction of the Civil Code and the Commercial Code was difficult and controversial. In 1879 Boissonade had started work on drafting the Civil Code, but whereas with the Criminal Code transplantation and virtual wholesale adoption of European codes had been possible, the same was not the case with the civil law. Account had to be taken of the customary rules and tradition which had developed during the Tokugawa period and the early Meiji years. A further...

Criminal Law

Criminal Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
26,592 words
Illustration(s):
5

...for engaging in sexual misconduct and other offenses, and the elite's understanding of such limits, necessarily modified the actual operation of Puritan criminal justice. Sexual regulation and witchcraft trials must be seen in this context. Such prosecutions occurred on both sides of the ocean. And in both England and the northern Colonies they were used to punish marginal figures, whereas both jurors and magistrates winked at transgressions by individuals who did not otherwise disturb the social hierarchy. Gender and race in Colonial criminal justice. Al-...

United States Law

United States Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
30,330 words
Illustration(s):
7

...during the century. The actual evidence for such an “explosion” is thin. On the other hand, we can speak, quite confidently, of a law explosion. The number of reported cases, statutes, ordinances, rules, and regulations grew tremendously between 1900 and 2000 . To be sure, so did the population—from about 100 million to almost 300 million; but the sheer amount of “law,” even as crudely measured by cases, statutes, ordinances, and rules and regulations, outstripped population growth. This reflects a dramatic increase in the scope and scale of government, at...

Codes and Codification

Codes and Codification   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
21,033 words
Illustration(s):
1

...was in statutory form, but these statutes were, for the most part, haphazard in their coverage and disorganized. The completion of the MPC inspired a wave of criminal law reform and the virtual abandonment of any judicial role in defining new crimes. Few states have adopted the MPC substantially whole, but it has greatly influenced the content and structure of modern criminal codes. The NCCUSL still produces and revises uniform codes in a broad range of fields, and they now number well over 200. Although many of these uniform acts have been largely or...

Procedure

Procedure   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
49,068 words
Illustration(s):
8

...investigations and trials, his agents—clerks, runners, and legal secretaries—did most of the actual work. The evaluation and processing of legal documentation was primarily the responsibility of highly experienced clerks employed in the Punishments Office ( xingfang ) of each local government office ( yamen ). Runners ( chaiyi ) served the local government office as guards, policemen, warrant servers, and inflicters of punishments and torture. Legal secretaries ( xingming ) were highly educated specialists who were well-versed in the codes and in legal...

IT in legal education

IT in legal education   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
534 words

...in Ardcalloch virtual town. Alternatively, students can collaborate to develop a legal website. This gradual electronic transformation of learning has several implications. First, emphasis shifts from lecturers to independently learning students who, individually or collaboratively, explore the knowledge world under lecturers' expert guidance. Secondly, IT can manage the simulated and even live delivery of the actual experience of lawyering to large numbers of students. Thirdly, learning becomes global as students can access law of any country and communicate...

Justices, Number Of

Justices, Number Of   Reference library

Peter G. Fish

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
359 words

...has remained at nine notwithstanding the expansionistic potential of President Franklin D. Roosevelt 's failed court‐packing plan in 1937 . Nevertheless, the number of justices may temporarily fall below nine because of unfilled vacancies due to deaths or retirements and of virtual vacancies due to the disability of sitting justices. Peter G....

Unprotected Speech

Unprotected Speech   Reference library

Donald A. Downs

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
2,611 words

...under 16.” More recently, the Court had to deal with a question left unanswered by Ferber : may government prohibit the making, distribution, and possession of sexually explicit images that appear to have actual minors as subjects, but are in reality made either with adults as subjects, or with technological simulations that only appear to be actual minors (“virtual child pornography”). The harm of such “virtual” pornography lies in its potential effect on viewers, not in any damage done to minors in its production. Under the modern free speech principle,...

American Bar Association Standing Committee On Federal Judiciary

American Bar Association Standing Committee On Federal Judiciary   Reference library

Elliot E. Slotnick

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
859 words

...scale of “well qualified,” “qualified,” and “not qualified” as well as an indication of a split vote. Since presidential administrations enjoy numerous appointment opportunities to the lower courts, analysts often make comparative assessments of an administration's recruitment success on the basis of how many of its nominees attained the ABA's highest ratings and how few were found to be “not qualified.” The role of the committee has been controversial since its inception. Questions have been raised about the virtual monopoly enjoyed by the ABA as an...

Obscenity and Pornography

Obscenity and Pornography   Reference library

Donald A. Downs

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
1,574 words

... 1994 ) and a federal law that prohibited making images of actual adults or computer‐created images (“virtual pornography”) appear to be images of minors engaged in sexually explicit conduct ( Ashcroft v. Free Speech Coalition, 2002 ). These laws were not sufficiently limited to protecting minors. But the Court upheld the federal Children's Internet Protection Act, which requires libraries receiving federal funds to use Internet filters to screen out pornography ( United States v. * American Library Association, 2003 ). See also Speech and the Press ;...

Labor Law

Labor Law   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
7,842 words

...those workers employees of the farmer only, the contractor only, or both? Questions such as these abound, and concepts such as joint employer and borrowed employee are maddeningly hard to apply. They are likely to be put to even more severe tests as more and more work is done in a “virtual workplace” through the Internet. Other Concerns. Through job applications, personnel records, and medical examinations, employers—particularly large employers—acquire a lot of information about their employees. Until recently, employers have been able to use this...

Jurisprudence, American

Jurisprudence, American   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
7,697 words

...the duties of public utilities, and protect the virtuous debtor . The new jurisprudence even pointed to a return to strict liability . Overall, social interests were now being recognized. The agenda of the antiformalist jurisprudence that emerged at the end of the nineteenth and the beginning of the twentieth centuries included social scientific studies of the “actual social effects” of legal doctrines and how the law worked. Holmes and Pound’s initial revolt against the formalism of the era inspired others to examine and question earlier legal thought. ...

History of the Court

History of the Court   Reference library

William M. Wiecek, Michael Les Benedict, Melvin I. Urofsky, and Stephen L. Wasby

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
28,309 words

...motivations. In the political climate of the times, the decisions were perceived to be virtual endorsements of southern violence and signs of hostility to Reconstruction in general. Likewise, the Civil Rights Cases , while articulating grounds under which Congress could protect fundamental rights under the Thirteenth Amendment, ruled the Civil Rights Act of 1875 unconstitutional. Observers naturally noted its trenchant articulation of the state‐action doctrine and the apparent endorsement of racial discrimination more than its reservation of power to...

Brown, Robert E., Claim

Brown, Robert E., Claim   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
326 words

...establishing the validity of his claim to no less than 1,200 licences, there ensued a controversy between the executive and the judiciary resulting in the dismissal of the Chief Justice and the virtual reversal of the judgment in Brown's favor. Brown thereupon petitioned the Queen of Great Britain as suzerain of the Republic for redress, and was referred in the first instance to his own government. After the annexation of the Republic by Great Britain in 1901 , Brown petitioned the British Governor of Transvaal Colony. But the matter was not taken up by the...

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