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bare life

Italian philosopher Giorgio Agamben's concept for life that has been exposed to what he terms the structure of exception that constitutes contemporary biopower. The term originates in ...

settlement

settlement   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
590 words

...and the distinction is not generally important. However, particularly in a taxation context, settlement has a broader meaning than trust. A will may be a settlement (if it creates a limited interest) and it may create a trust, but is never itself a trust. On the other hand, a bare trust and a simple fixed trust are not technically settlements in these terms: ‘any instrument, which on its face purports to be the charter of future rights and obligations with respect to the property comprised in it, and which contains such limitations as are ordinarily...

Due Process

Due Process   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
5,063 words

...of a steadily increasing number of legally protected civil liberties. By contrast with expressly enumerated rights—for example, the procedural right to trial by jury or the substantive guarantee against the taking of private property for public use without just compensation—the bare words “due process” provide little clue to what is protected, and its present meaning is the product of a long history. Historical Background. Although now almost exclusively associated with American constitutional law, due process as a phrase and as a concept originated in...

jewish law

jewish law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
10,288 words
Illustration(s):
3

...expelled from Spain is debated. Estimates vary from 150,000 to 600,000. The emigrants fled mainly to North Africa, Italy, and the Ottoman Empire, with a few to England, Holland, and northern Germany. [ See also Maghrib and al-Andalus (Muslim Spain) and Spain .] Bibliography Baer, Yitzhak . A History of the Jews in Christian Spain . 2 vols. Translated by Louis Schoffman . Philadelphia, Pa.: Jewish Publication Society of America, 1961–1966. Gerber, Jane S. The Jews of Spain: A History of the Sephardic Experience . New York: Free Press, 1992. Rabello,...

Women

Women   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
29,097 words
Illustration(s):
7

...and responsibilities of family membership and of political and economic citizenship, then legal reform seemed a necessary, but hardly sufficient, ingredient for women's advancement. [ See also Family, subentry on United States Law , and Feminist Legal Theory .] Bibliography Baer, Judith A. Women in American Law: The Struggle toward Equality from the New Deal to the Present . 2d ed. New York: Holmes & Meier, 1996. Basch, Norma . Framing American Divorce: From the Revolutionary Generation to the Victorians . Berkeley: University of California Press,...

Athens

Athens   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
4,386 words

...courts. One result, apparently, was a shortage of volunteers for jury duty, and so when Pericles became the de facto leader of Athens after the assassination of Ephialtes, one of his first reforms, around 450 , was to institute a small payment of two obols per day (enough for bare subsistence) for jury service; this was increased to three obols in the 420s. At about the same time, Pericles also enacted an important change in the requirements for marriage and citizenship, restricting the latter to offspring of two Athenian citizens, and undoubtedly he was...

Legal Realism

Legal Realism   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
4,726 words
Illustration(s):
1

...by now clear that parts of the legal academy were experiencing ferment, legal realism did not yet have a name. The pettiness of academic politics gave it one. In “A Realistic Jurisprudence—The Next Step” ( 1930 ), Karl Llewellyn announced that “‘sociological jurisprudence’ remains bare of most of that is significant in sociology” and charged Dean Pound, of Harvard, with telling “bed-time stories for the tired bar” (p. 435 n. 3) The following year, Pound countercharged that realist law professors had exaggerated the unreliability of legal rules, engaged in...

Political Parties and Elections

Political Parties and Elections   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
5,314 words
Illustration(s):
2

...well as many other factors, have made political campaigns increasingly expensive. The intricacies of state and federal efforts to regulate the flow of money in campaigns, whether to prevent corruption or for other purposes, are far too complex for comprehensive treatment here. A bare outline will suffice to show the increasingly important role played by the Supreme Court in defining the limits of campaign-finance regulation. Early federal regulation, beginning with the Tillman Act of 1907 , was aimed primarily at corporate contributions. These were banned,...

Speech, Freedom of

Speech, Freedom of   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
8,364 words
Illustration(s):
1

...overthrow of the constitution is outlawed whether or not such talk has consequences. Socrates was free to speak, until he represented real danger to the polis. In 399, a bare majority reasonably condemned him. The importance of the community, over that of any individual, was largely responsible for Socrates’ condemnation. Socrates agreed. His own recommended punishment, free meals for life from the city, implies that he thought he benefited Athens. After the demos's verdict, he refused to escape. In Plato's Crito 51a–c “the Laws” ask him, “Are you too wise...

Adoption

Adoption   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
9,581 words

...for such adoptions. In practice, however, deeds were used for diverse kinds of adoptions, and such documents were often relied on as evidence of the sale of the child. Sometimes such a document was called a “presentation deed” (songtie), a simple document outlining only the bare elements of the transaction. For adopting a ritual successor, cross-surname adoption was unlawful in imperial Chinese statutory law by the provisions of Article 78 of the Qing code. In cases that came before the legal authorities in imperial China, the state was not prepared to...

Land

Land   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
12,148 words

...in dian , was obliged by law not only to have the deeds certified and to pay the transfer tax, but also to have the land reregistered under his own name, so that he became liable to pay the land tax, and the transferor ceased to be the registered proprietor and retained only a bare right of redemption. Both the surface rights and the subsoil thus appear to have been transferred to the lender, although it seems that in practice the borrower was popularly regarded as retaining the “bones” (right of redemption) of the land. A further distinction was that in ...

Family

Family   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
25,201 words
Illustration(s):
6

...on the shield of Achilles ( Iliad 18), a dispute between two men over a case of homicide is heard by community elders in the company of townsmen who shout their approval or disapproval. In sum, we find in Homer’s poems the basic elements of the historical Greek family and the bare beginnings of legal processes in which the family as oikos and as kindred play a key role. If we choose to call the society and its legal process “primitive,” it is nonetheless important to realize that the primitiveness does not stem from the family structure itself, which...

Islamic Law

Islamic Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
17,472 words
Illustration(s):
2

...suited for (practical application to) special cases, (than treatment of the subject by speculative theologians), because (juridical works) mention many examples and cases and base their problems on legal points. The theologians, on the other hand, present these problems in their bare outlines, without reference to jurisprudence, and are inclined to use (abstract) logical deduction as much as possible, since that is their scholarly approach and required by their method. ( Ibn Khaldun , The Muqaddimah , p. 28.) Ibn Khaldun thus distinguishes the (mostly Hanafi)...

interest in possession

interest in possession  

Reference type:
Overview Page
Subject:
Law
Despite its crucial importance for inheritance tax, statute does not define an interest in possession. Viscount Dilhorne described it as “A present right of present enjoyment” (Pearson v IRC [1980] ...
possibility

possibility  

Reference type:
Overview Page
Subject:
Law
N.(in land law) An interest in land that depends on the occurrence of an uncertain future event. A bare possibility, such as a spes successionis, i.e. a person's expectation of inheriting land under ...
possibility

possibility (in land law)   Quick reference

A Dictionary of Law (9 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
101 words

... n. (in land law) An interest in land that depends on the occurrence of an uncertain future event. A bare possibility , such as a spes successionis , i.e. a person’s expectation of inheriting land under the will of a testator who is still alive (i.e. depending on the testator dying without having revoked the will), confers no legal or equitable interest. A possibility coupled with an interest (e.g. B’s rights under a conveyance “to A for life, and if C is living at A’s death then to B”) can be transferred by will or by deed. See also possibility...

Insurance Rates, Equality and

Insurance Rates, Equality and   Reference library

Judith A. Baer

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

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

...had simply “offered a range of discriminatory benefits, rather than only one, [which] provides no basis whatever for distinguishing Manhart ” (p. 708). See also Gender ; Race and Racism . Judith A. Baer , Equality under the Constitution: Reclaiming the Fourteenth Amendment (1991). Claire Sherman Thomas , Sex Discrimination and the Law (1982). Judith A. ...

interest in possession

interest in possession   Quick reference

A Dictionary of Law (9 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
212 words

...2006 , any charge to inheritance tax is computed by bringing into that person’s estate the full capital value of the property over which he has an interest in possession (Inheritance Tax Act 1984 s 49). A lease for life is treated as an interest in possession (s 43(3)). Trusts are often categorized as falling into one of three categories: bare trust , discretionary trust , and interest in possession trust . Although this threefold division lacks precision and fails to recognize the importance of all the individual terms of a trust, the categorization of...

Pregnancy, Disability, and Maternity Leaves

Pregnancy, Disability, and Maternity Leaves   Reference library

Judith A. Baer

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

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

...differently from physical conditions which do not. If the Court cannot force society to accommodate women's two roles, at least it has not frustrated these efforts. See also Employment Discrimination ; Gender . Sylvia Ann Hewlett , A Lesser Life: The Myth of Women's Liberation in America (1986). Judith A. ...

sovereignty

sovereignty   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
1,250 words

...authority is constituted through the abandonment of a life that would ordinarily be subject to legal protection. Giorgio Agamben in Homo Sacer: Sovereign Power and Bare Life ( 1998 ) has elaborated how the ‘camp’ is the paradigm of modern sovereignty. In the camp, the hollowness of the sacredness of life associated with the elevation of the ‘human’ above the ‘animal’ is exposed. Life is rendered ‘bare’—subject to sovereign calculations and beyond legal protections. Others have argued that life in the ‘camp’, from Abu Ghraib in Iraq, to the detention of...

Abortion

Abortion   Reference library

Judith A. Baer

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

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
2,269 words

...Graber , Rethinking Abortion (1996); Eileen L. McDonagh , Breaking the Abortion Deadlock (1996); Karen O'Connor , No Neutral Ground? (1996); Rosalind P. Petchesky , Abortion and Woman's Choice (1990); Lawrence H. Tribe , Abortion: The Clash of Absolutes (1991). Judith A. ...

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