Pub Date : 2018-01-18DOI: 10.3366/EDINBURGH/9780748682133.003.0004
J. Cairns
Extracted from text ... _______________________________________________________________ THE FIRST EDINBURGH CHAIR IN LAW: GROTIUS AND THE SCOTTISH ENLIGHTENMENT John W. Cairns (University of Edinburgh)* 1 Introduction The influence of natural law in late-seventeenth and early-eighteenth-century Scotland is well known.1 At a broad political level, the achievements of the modern school of natural law helped the Scots reach varied readings and understandings of contemporary political events such as the Glorious Revolution and the Union of 1707.2 The work of these secular natural lawyers also provided a new way of approaching moral philosophy that came to dominate the curriculum in the eighteenth-century Scottish universities. A crucial figure ..
{"title":"The first Edinburgh chair in law : Grotius and the Scottish Enlightenment","authors":"J. Cairns","doi":"10.3366/EDINBURGH/9780748682133.003.0004","DOIUrl":"https://doi.org/10.3366/EDINBURGH/9780748682133.003.0004","url":null,"abstract":"Extracted from text ... _______________________________________________________________ \u0000THE FIRST EDINBURGH CHAIR IN LAW: \u0000GROTIUS AND THE SCOTTISH ENLIGHTENMENT \u0000John W. Cairns (University of Edinburgh)* \u00001 Introduction \u0000The influence of natural law in late-seventeenth and early-eighteenth-century \u0000Scotland is well known.1 At a broad political level, the achievements of the \u0000modern school of natural law helped the Scots reach varied readings and \u0000understandings of contemporary political events such as the Glorious \u0000Revolution and the Union of 1707.2 The work of these secular natural lawyers \u0000also provided a new way of approaching moral philosophy that came to \u0000dominate the curriculum in the eighteenth-century Scottish universities. A \u0000crucial figure ..","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121962086","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2015/V21N1A6
S. Peté
During recent decades, like the proverbial bad penny, the problem of chronic overcrowding has turned up over and over again to haunt South African prison administrators. As this article indicates, however, overcrowding in South African prisons is not only a recent phenomenon. Overcrowding has been a significant feature of imprisonment in South Africa from the very introduction of this form of punishment into the country. This article examines overcrowding in the prisons of colonial Natal from 1845 until 1910. Through an analysis of the official discourse surrounding this difficult problem throughout the colonial period, this article shows that imprisonment as a form of punishment in South Africa has always been inextricably bound up with the problem of overcrowding. By illustrating the deeply entrenched nature of the problem from a historical perspective, this article hopes to provide present-day prison administrators with useful insights into the nature of their struggle to overcome the problem. The article is in two parts. Part 1 of the article covers the period 1845 to 1875, while Part 2 covers the period 1875 to 1910.
{"title":"Like a bad penny: The problem of chronic overcrowding in the prisons of colonial Natal: 1845 to 1910 (Part 1)","authors":"S. Peté","doi":"10.17159/2411-7870/2015/V21N1A6","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/V21N1A6","url":null,"abstract":"During recent decades, like the proverbial bad penny, the problem of chronic overcrowding has turned up over and over again to haunt South African prison administrators. As this article indicates, however, overcrowding in South African prisons is not only a recent phenomenon. Overcrowding has been a significant feature of imprisonment in South Africa from the very introduction of this form of punishment into the country. This article examines overcrowding in the prisons of colonial Natal from 1845 until 1910. Through an analysis of the official discourse surrounding this difficult problem throughout the colonial period, this article shows that imprisonment as a form of punishment in South Africa has always been inextricably bound up with the problem of overcrowding. By illustrating the deeply entrenched nature of the problem from a historical perspective, this article hopes to provide present-day prison administrators with useful insights into the nature of their struggle to overcome the problem. The article is in two parts. Part 1 of the article covers the period 1845 to 1875, while Part 2 covers the period 1875 to 1910.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124272540","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2015/V21N1A1
Yasmina Benferhat
This paper is an attempt to underline the importance of patientia in the political life of ancient Rome, especially during the late Republic and the first century BC. Although the Christian notion of patientia has been well studied, the political quality it could represent is still a new field. The main problem is first to decide what kind of quality it was : in the late Republic, it was the physical endurance a general would need, which explains why Catilina based his propaganda on patientia, but it could also be a moral virtue. Patientia was a plebeian virtue against the pride and cruelty of the Patricians : this contrast was reaffirmed in the Civil War, when Caesar applied it against the Optimates who were acting arrogantly. Under the Julio-Claudians, patientia was a virtue with very much the same meaning as constantia, but it never attained the same importance because it was sometimes connected with servility. Patientia, which was a positive notion in the late Republic, whether physical or moral, came to be employed in a negative context by Tacitus. This study does not pretend to be exhaustive - it would be necessary, for instance, to consider the Stoic influence - but is merely a first step towards a better understanding of patientia before the Christian era.
{"title":"Recherches sur la notion de patientia dans la vie politique a rome (de cesar a hadrien) : article","authors":"Yasmina Benferhat","doi":"10.17159/2411-7870/2015/V21N1A1","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/V21N1A1","url":null,"abstract":"This paper is an attempt to underline the importance of patientia in the political life of ancient Rome, especially during the late Republic and the first century BC. Although the Christian notion of patientia has been well studied, the political quality it could represent is still a new field. The main problem is first to decide what kind of quality it was : in the late Republic, it was the physical endurance a general would need, which explains why Catilina based his propaganda on patientia, but it could also be a moral virtue. Patientia was a plebeian virtue against the pride and cruelty of the Patricians : this contrast was reaffirmed in the Civil War, when Caesar applied it against the Optimates who were acting arrogantly. Under the Julio-Claudians, patientia was a virtue with very much the same meaning as constantia, but it never attained the same importance because it was sometimes connected with servility. Patientia, which was a positive notion in the late Republic, whether physical or moral, came to be employed in a negative context by Tacitus. This study does not pretend to be exhaustive - it would be necessary, for instance, to consider the Stoic influence - but is merely a first step towards a better understanding of patientia before the Christian era.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114954381","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2015/V21N1A4
de Bérier, Franciszek Longchamps
Lawyers use words with great care and, particularly in public discourse, often like to use Latin dicta. They do so not only to make their arguments sound more sophisticated, but also to support their theses not merely with elegantly worded, classical maxims, but also with well tested, established concepts based on the experience of people who lived in ancient Rome, a consummately practical society, very well versed in the practice of law. A legal dictum formulated in Latin is referred to as a rule, maxim, definition, precept, or principle. It is impossible to differentiate these terms clearly, although this has been done for instance in the terminology used in contracts in continental private law. How can contemporary lawyers best use Latin maxims and sentences? This is explored by using the example of nemo plus iuris ad alium transferre potest, quam ipse haberet. The six steps are as follows: use maxims competently; be aware of the context of your quotation; do not allow yourself to be taken by surprise; make sure the maxim is well established in the law; do not neglect related and supporting maxims; and take the local context into account.
律师用词非常谨慎，尤其是在公开演讲中，经常喜欢使用拉丁语dicta。他们这样做不仅是为了使他们的论点听起来更复杂，而且不仅是为了支持他们的论点，不仅是用优雅的措辞，经典的格言，而且是用经过验证的，建立在古罗马人经验基础上的概念，古罗马是一个非常实用的社会，非常精通法律实践。用拉丁语表述的法律格言被称为规则、格言、定义、戒律或原则。要明确区分这些术语是不可能的，尽管大陆私法中合同中使用的术语已经做到了这一点。当代律师如何最好地运用拉丁格言和句子?这是通过使用nemo + iuris和alitransferpoest, quam ipse haberet的例子来探讨的。这六个步骤是:恰当地使用格言;注意你的报价的上下文;不要让自己措手不及;确保这一准则在法律中得到充分确立;不要忽视相关的和支持的格言;并考虑到当地的情况。
{"title":"Remarks on the methodology of private law studies: The use of latin maxims as exemplified by nemo plus iuris","authors":"de Bérier, Franciszek Longchamps","doi":"10.17159/2411-7870/2015/V21N1A4","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/V21N1A4","url":null,"abstract":"Lawyers use words with great care and, particularly in public discourse, often like to use Latin dicta. They do so not only to make their arguments sound more sophisticated, but also to support their theses not merely with elegantly worded, classical maxims, but also with well tested, established concepts based on the experience of people who lived in ancient Rome, a consummately practical society, very well versed in the practice of law. A legal dictum formulated in Latin is referred to as a rule, maxim, definition, precept, or principle. It is impossible to differentiate these terms clearly, although this has been done for instance in the terminology used in contracts in continental private law. How can contemporary lawyers best use Latin maxims and sentences? This is explored by using the example of nemo plus iuris ad alium transferre potest, quam ipse haberet. The six steps are as follows: use maxims competently; be aware of the context of your quotation; do not allow yourself to be taken by surprise; make sure the maxim is well established in the law; do not neglect related and supporting maxims; and take the local context into account.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123009891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2015/V21N2A4
A. Jacobs
This article investigates the double set of standards applicable to Roman spouses' adultery. It argues that adultery occurred from Romulus to Augustus and was always considered to be the extramarital relationship by or with married women. It examines the position of both the unfaithful husband and the unfaithful wife with regard to conduct which resulted in adultery, its consequences and the measures or remedies available to the injured spouse. Furthermore, the article argues that the social role of the Roman materfamilias and matrona, the Roman male-dominant society and the hidden agendas of Roman authors could be seen as possible reasons for the different moral principles. The article concludes by pointing out that the unfaithful husband was in a much more favourable position than the unfaithful wife and that the social role of the Roman materfamilias and matrona in a male-dominant society appears to have justified these double standards.
{"title":"Maritus v Mulier : the double picture in adultery laws from Romulus to Augustus","authors":"A. Jacobs","doi":"10.17159/2411-7870/2015/V21N2A4","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/V21N2A4","url":null,"abstract":"This article investigates the double set of standards applicable to Roman spouses' adultery. It argues that adultery occurred from Romulus to Augustus and was always considered to be the extramarital relationship by or with married women. It examines the position of both the unfaithful husband and the unfaithful wife with regard to conduct which resulted in adultery, its consequences and the measures or remedies available to the injured spouse. Furthermore, the article argues that the social role of the Roman materfamilias and matrona, the Roman male-dominant society and the hidden agendas of Roman authors could be seen as possible reasons for the different moral principles. The article concludes by pointing out that the unfaithful husband was in a much more favourable position than the unfaithful wife and that the social role of the Roman materfamilias and matrona in a male-dominant society appears to have justified these double standards.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132863081","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2016/V22N1A4
K. Naidoo
Hate crimes were first recognised as a specific category of criminal conduct in the United States of America. Evidence of such recognition is supported by a number of state level and federal hate-crime laws that were enacted in the United States between the early 1980s and 1990s. There is a tendency in some American literature, however, to trace the recognition of hate crime as a specific category of criminal conduct to two specific historical time periods. The first historical period that is usually considered, is the nineteenth-century post-American Civil War period when federal civil-rights statutes were passed by the American Congress to protect vulnerable groups of people who were victimised because of their race and prior status as slaves. The second time period that is considered is the mid-twentieth century, post-Second World War era up to the period of the Civil-Rights Movement. Irrespective of the origins of hate crime as a category of criminal conduct, their recognition has spawned a new category of crime and criminal laws in the United States of America and internationally. Contemporary hate-crime laws recognise a wide spectrum of prejudices and biases. Despite the international trend, particularly in democratic Western nations towards the recognition of hate crimes and the enactment of hate-crime laws, the Republic of South Africa has yet to enact a hate-crime law.
{"title":"The origins of hate-crime laws","authors":"K. Naidoo","doi":"10.17159/2411-7870/2016/V22N1A4","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V22N1A4","url":null,"abstract":"Hate crimes were first recognised as a specific category of criminal conduct in the United States of America. Evidence of such recognition is supported by a number of state level and federal hate-crime laws that were enacted in the United States between the early 1980s and 1990s. There is a tendency in some American literature, however, to trace the recognition of hate crime as a specific category of criminal conduct to two specific historical time periods. The first historical period that is usually considered, is the nineteenth-century post-American Civil War period when federal civil-rights statutes were passed by the American Congress to protect vulnerable groups of people who were victimised because of their race and prior status as slaves. The second time period that is considered is the mid-twentieth century, post-Second World War era up to the period of the Civil-Rights Movement. Irrespective of the origins of hate crime as a category of criminal conduct, their recognition has spawned a new category of crime and criminal laws in the United States of America and internationally. Contemporary hate-crime laws recognise a wide spectrum of prejudices and biases. Despite the international trend, particularly in democratic Western nations towards the recognition of hate crimes and the enactment of hate-crime laws, the Republic of South Africa has yet to enact a hate-crime law.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123170773","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2015/V21N2A8
S. Peté
During recent decades, like the proverbial bad penny, the problem of chronic overcrowding has turned up over and over again to haunt South African prison administrators. As this article indicates, however, overcrowding in South African prisons is not only a recent phenomenon. Overcrowding has been a significant feature of imprisonment in South Africa from the very introduction of this form of punishment into the country. This article examines overcrowding in the prisons of colonial Natal from 1845 until 1910. Through an analysis of the official discourse surrounding this difficult problem throughout the colonial period, this article shows that imprisonment as a form of punishment in South Africa has always been inextricably bound up with the problem of overcrowding. By illustrating the deeply entrenched nature of the problem from a historical perspective, this article hopes to provide present day prison administrators with useful insights into the nature of their struggle to overcome the problem in the present. The article is in two parts. Part 1 of the article covers the period 1845 to 1875, while Part 2 covers the period 1875 to1910.
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Extracted from text ...IN MEMORIAM: PETER BIRKS 1941-2004 Ph J Thomas (University of Pretoria) Peter Birks, the Regius Professor of Civil Law at the University of Oxford and Fellow of All Souls College, was a versatile jurist. Amongst the many positions he held was membership of the editorial board of Fundamina, while his passion for legal education fueled his commitment to the Society of Public Teachers of Law, which culminated in his presidency of the Society of Legal Scholars (as the Society is now known). Described as an intellectual giant of his generation, Peter Birks will be remembered for his profound and ..
{"title":"In memoriam : Peter Birks 1941-2004","authors":"P. J. Thomas","doi":"10.3406/ridc.2004.19321","DOIUrl":"https://doi.org/10.3406/ridc.2004.19321","url":null,"abstract":"Extracted from text ...IN MEMORIAM: PETER BIRKS 1941-2004 Ph J Thomas (University of Pretoria) Peter Birks, the Regius Professor of Civil Law at the University of Oxford and Fellow of All Souls College, was a versatile jurist. Amongst the many positions he held was membership of the editorial board of Fundamina, while his passion for legal education fueled his commitment to the Society of Public Teachers of Law, which culminated in his presidency of the Society of Legal Scholars (as the Society is now known). Described as an intellectual giant of his generation, Peter Birks will be remembered for his profound and ..","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116301652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2015/V21N2A10
G. V. Niekerk
Legal pluralism, and with it multilingualism, was introduced into Southern Africa when the first Dutch refreshment station expanded into a settlement. Dutch remained the official language until after the second British Occupation of the Cape in 1806. Indigenous African cultural institutions, including languages, were notoriously ignored in early South African history and the needs of the indigenous population played no role in any decisions relating to judicial language both during the Dutch and the English administrations of the Cape, and later in the territories beyond its borders. This article focuses on the legislative regulation of the language medium in nineteenth-century Cape courts and the contest between Dutch and English for the position of official judicial language. Today the language medium in the High Courtsis limited to English and Afrikaans, but it is apparent that English has evolved as the legal lingua franca and de facto most proceedings take place in English.
{"title":"Multilingualism in South African courts: The legislative regulation of language in the Cape during the nineteenth century","authors":"G. V. Niekerk","doi":"10.17159/2411-7870/2015/V21N2A10","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/V21N2A10","url":null,"abstract":"Legal pluralism, and with it multilingualism, was introduced into Southern Africa when the first Dutch refreshment station expanded into a settlement. Dutch remained the official language until after the second British Occupation of the Cape in 1806. Indigenous African cultural institutions, including languages, were notoriously ignored in early South African history and the needs of the indigenous population played no role in any decisions relating to judicial language both during the Dutch and the English administrations of the Cape, and later in the territories beyond its borders. This article focuses on the legislative regulation of the language medium in nineteenth-century Cape courts and the contest between Dutch and English for the position of official judicial language. Today the language medium in the High Courtsis limited to English and Afrikaans, but it is apparent that English has evolved as the legal lingua franca and de facto most proceedings take place in English.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123557307","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2015/V21N2A12
L. Wildenboer
The Thirty-Three Articles was adopted by the Potchefstroom Burgerraad on 9 April 1844 and confirmed four years later on 23 May 1849 by the unified Volksraad of the Zuid-Afrikaansche Republiek at Derdepoort. The Thirty-Three Articles contained provisions pertaining to general and judicial administration and was held out as a kind of constitution in its day. It retained its status as a basic law despite the adoption of the constitutions of 1858, 1889 and 1896, and was only repealed in 1901 after the British annexation of the Republic. The Thirty-Three Articles had a lasting impact on the legal development of the Zuid-Afrikaansche Republiek. This contribution examines its nature and content, focusing in particular on article 31 which made provision for the law to be applied. Reference is made to three different approaches in the application of this provision by the courts.
{"title":"The thirty-three articles and the application of Law in the Zuid-Afrikaansche Republiek","authors":"L. Wildenboer","doi":"10.17159/2411-7870/2015/V21N2A12","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/V21N2A12","url":null,"abstract":"The Thirty-Three Articles was adopted by the Potchefstroom Burgerraad on 9 April 1844 and confirmed four years later on 23 May 1849 by the unified Volksraad of the Zuid-Afrikaansche Republiek at Derdepoort. The Thirty-Three Articles contained provisions pertaining to general and judicial administration and was held out as a kind of constitution in its day. It retained its status as a basic law despite the adoption of the constitutions of 1858, 1889 and 1896, and was only repealed in 1901 after the British annexation of the Republic. The Thirty-Three Articles had a lasting impact on the legal development of the Zuid-Afrikaansche Republiek. This contribution examines its nature and content, focusing in particular on article 31 which made provision for the law to be applied. Reference is made to three different approaches in the application of this provision by the courts.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123629677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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