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These are papers from the 10th Cambridge Tax Law History Conference, which took place in July 2020. The papers fall within the following basic themes: - UK Tax administration issues - UK tax reforms in the 20th century - History of tax in the UK (Boudicca and tithes) - The UK's f...irst double tax treaty - The 1982 Australia-US tax treaty - The legacy of colonial influence - The decline of Dutch excises - Canadian tax avoidance, and - The rise of Ireland as a financial centre.
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Im Mittelpunkt dieses Buches stehen die arrets de reglement des Parlements de Provence und die Betrachtung der Parlements als gerichtlich organisierte Gesetzgeber. Auf der Grundlage einer quellennahen Auswertung der uberlieferten arrets de reglement des Parlements de Provence zei...chnet der Autor die Inhalte, Formen und Verfahren der Akte nach.
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Inspired by recent adoptions of same-sex marriage, From Sodomy Laws to Same-Sex Marriage provides international perspectives on the legal and social history of same-sex relationships from the early 19th century to the present. Its emphasis is on areas where the impetus for change... has been most noticeable: Europe, the Americas, and Australasia. From Sodom and Gomorrah to Britain's sodomy laws and continental Europe's abhorrence of sexual acts 'against nature', the history of same-sex love traditionally ranged from fire and brimstone maledictions to secrecy and scandal. Until recently, legal positions across the western world reflected the legacies of the British and French empires, as well as Christianity, particularly Catholicism. In recent years, however, there has been a revolution in attitudes towards same-sex relationships. This poses hitherto unanswered questions: what historical complexities lie behind the revolutionary shift from punitive attitudes to legal endorsement of same-sex relationships? Given the cultural variety of historical attitudes to same-sex relationships, why has their legal acceptance been so international? The essays in this volume provide answers to these questions, offering the first international overview of the topic. While other studies have attempted to explain the change in legal and social treatment of same-sex relationships in a national context, or within a shorter time frame, this is the first volume to examine the topic from the French Revolution to the present day, bringing together a diverse array of perspectives over a range of countries. It is an important volume for students and scholars of queer history, the history of sexuality, law and sociology.
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Examining the twelve-decade legal conflict of government bans on religious garb worn by teachers in U.S. public schools, this book provides comprehensive documentation and analysis of the historical origins and subsequent development of teachers' religious garb in relation to con...temporary legal challenges within the United Nations and the European Union. By identifying and correcting factual errors in the literature about historical bans on teachers' garb, Walker demonstrates that there are still substantial and unresolved legal questions to the constitutionality of state garb statutes and reflects on how the contemporary conflicts are historically rooted. Showcased through a wealth of laws and case studies, this book is divided into eight clear and concise chapters and answers questions such as: what are anti-religious-garb laws?; how have the state and federal court decisions evolved?; what are the constitutional standards?; what are the establishment clause and free exercise clause arguments?; and how has this impacted current debates on teachers' religious garb?, before concluding with an informative summary of the points discussed throughout. The First Amendment and State Bans on Teachers' Religious Garb is the ideal resource for researchers, academics, and postgraduate students in the fields of education, religion, education policy, sociology of education, and law, or those looking to explore an in-depth development of the laws and debates surrounding teachers' religious garb within the last 125 years.
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Engaging with the underlying social context in which emotions are a motivational force, Law and the Passions provides a uniquely inclusive commentary on the significance and influence of emotions in the history and continuing development of legal judgment, policy formation, legal... practice and legal dogma. Although the emotionality of the law and the use of emotional tropes in legal discourse has become an established focus in recent scholarship, the extent to which emotion and the passions have informed decision-making, decision-avoidance and legal reasoning - rather than as simply an adjunct - is still a matter for critical analysis. As evidenced in a range of illustrative legal cases, emotions have been instrumental in the evolution of key legal principles and have produced many controversial judgments. Addressing the latent influence of fear, hate, love and compassion, the book explores the mutability of law and its transformative power, especially when faced with fluctuating social mores. The textual nature of law and the impact of literary forms on legal actors are also critically examined to further elucidate the idea of law-making as both rational and emotional, and significantly as an essential activity of the empathic imagination. To this end, it is suggested that critical scholarship on law, the passions and emotions not only advances our understanding of the inner workings of law, it constitutes a fundamental part of our moral reasoning, and has the capacity to articulate the conditions for a more dynamic, adaptable, ethical and effective legal institution. This interdisciplinary book will be of interest to scholars and students in the fields of law and literature, legal theory, legal philosophy, law and the humanities, legal aesthetics, sociology of law, politics, law and policy, human rights, general jurisprudence and social justice, as well as cultural studies.
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Der Verfasser untersucht die Legitimation der gesetzgeberischen Begrundung fur die Rechtsmittelbeschrankung im Jugendstrafrecht in 55 JGG. Dem historischen Abriss folgt eine kritische Wurdigung des besonderen Beschleunigungsgrundsatzes. Die Vereinbarkeit von 55 JGG mit hoeherrang...igem Recht wird verneint und deshalb fur die Abschaffung pladiert.
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Twenty years ago Geoffrey Robertson inspired the global justice movement with his ground-breaking book, Crimes Against Humanity. Since then, the movement has stalled, as nationalism takes hold and populist governments retreat from international courts and refuse to comply with th...eir rulings. But there is an alternative. The Plan B for human rights looks back to national laws to name, blame and shame abusers. It strips them of their right to enter democratic nations, and of ill-gotten funds they seek to deposit in global banks; and it bars them and their families from schools and hospitals in these countries. This book explains the background and potential of these laws, which have been called Magnitsky Laws, after Sergei Magnitsky, a lawyer who died in a Russian jail after exposing state corruption. Early versions of them have been introduced in the US, Canada and Britain, and they are now being considered in Australia. Geoffrey Robertson argues in this book that the Magnitsky movement offers a potent solution to crimes being committed against humanity, whether in America, Russia, China or Belarus. These abuses are a concern for all human beings, and good people are no longer prepared to tolerate them, in their own country or elsewhere in the world. The Magnitsky laws can show the way forward for the global justice movement in the twenty-first century.
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Mit den Castberg'schen Kindergesetzen normierte Norwegen 1915 die rechtliche Gleichstellung der unehelichen Kinder. Die Gesetze wurden 2017 in das UNESCO-Dokumentenerbe aufgenommen. Die Arbeit behandelt das norwegische Unehelichenrecht seit den ersten Reformversuchen v. 1892 bis ...zur Verabschiedung der Kindergesetze und das Adoptionsgesetz von 1917.
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Secondly, the book assesses the legal origins of the free soil principle in England, France and the Low Countries during the period 1500-1650 and discusses the legal repercussions of slaves coming to England, France and the Low Countries from other countries, where the institutio...n was legally recognized.
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Die Arbeit analysiert die seitens des Reichsjustizministeriums im Zeitraum von 1933-1945 vorgenommenen Methoden zur Lenkung der Strafjustiz. Unter Heranziehung bisher weitgehend unbeachteter Quellen werden schwerpunktmassig dabei die Tagungen der Oberlandesgerichtsprasidenten und... Generalstaatsanwalte sowie die sog. Vor - und Nachschauen untersucht.
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