Magister Legum - LLM / After the establishment of the British Protectorate in the Busa‘idi Sultanate in 1890, the British colonial administration embarked on a policy of transforming the administration of Islamic law and its institutions which included the kadhi, liwali and mudir courts. The ultimate objective of the transformation process was to incorporate such institutions into the colonial enterprise and gradually reform them. Within a span of seven decades of their colonial rule in the Busa‘idi Sultanate, the British colonial authorities managed to transform the administration of Islamic law and its institutions. Key areas of the transformation process included the formalisation of the administration of Islamic law in which procedural laws related to MPL and wakf regulations were codified. Kadhi courts and wakf commissions were institutionalised and incorporated into the colonial apparatus. In the process of transforming the kadhi courts, the British colonial authorities adopted three major policies: institutional transformation, procedural transformation, and exclusion of criminal jurisdiction from kadhi courts. The focus of the transformation process was on the curtailment of kadhis powers. By 1916 criminal jurisdiction was removed from kadhis and their civil jurisdiction was gradually confined to MPL. Other significant areas of the transformation process were the wakf institutions and slavery. Wakf institutions were related to land issues which were crucial to the colonial politics and the abolition of slavery in the Busa‘idi Sultanate was a primary concern of the British colonial administration. Through policies of compromise and coercion, the British colonial officials managed to gradually abolish slavery without causing political or social upheavals in the Sultanate. Due to the fact that there was no uniform policy on the transformation exercise undertaken by the British colonial officials on the ground, the reform process was marked with transformative contradictions which seemed to be a hallmark of British colonial policy in the Busa‘idi Sultanate. For instance, British colonial policies on transforming wakf institutions were caught in a contradiction in that, on the one hand, colonial efforts were geared towards transforming the land system in order to achieve economic development, and on the other hand, the British colonial officials were keen to uphold a paternalistic approach of adopting a non-interference policy in respect of religious institutions. Similarly, in abolishing slavery, the British colonial government, on the one hand, was under pressure from philanthropists and missionaries to end slavery, and, on the other hand, the British colonial officials on the ground portrayed their support of the slave owners and advocated a gradual approach to abolish slavery. Findings of this thesis reveal that the British colonial administration managed to achieve complete reform in some cases, such as, the abolition of liwali and mudir courts and confining kadhis’ civil jurisdiction to MPL, while in other areas, such as, the management of wakf institutions and the abolition of slavery, the British faced resistance from the Sultans and their subjects which resulted in partial reforms. Hence, in the process of transforming the administration of Islamic law and its institutions in the Busa‘idi Sultanate, the British colonial administration adopted a dual policy of reforming and retreating. / South Africa

Bien que né et théorisé comme contrat commercial maritime, le contrat d’assurance est actuellement plus couramment envisagé comme un contrat terrestre de consommation. Pour appréhender cette évolution, il a paru convenable de s’interroger sur l’histoire du contrat d’assurance depuis le XVIe s. jusqu’en 1930. En effet, le XVIe s. est le moment où le contrat d’assurance commence à concerner le monde terrestre en étant conceptualisé par des auteurs de doctrine puis en éveillant l’attention du législateur français. Cette phase qui s’étend jusqu’au milieu du XIXe s. est donc une phase de construction théorique et législative du contrat d’assurance - avec une base maritime et une tendance de plus en plus prégnante à l’installation sur terre. La période suivante commence au milieu du XIXe s. qui amorce les premiers grands changements de nature du contrat d’assurance avec l’avènement de la société industrielle, l’émergence des idées socialistes et de l’État providence. À cette occasion, doctrine et jurisprudence adaptent le contrat d’assurance aux besoins de sécurité croissants de la population. L’on peut parler d’un véritable enracinement terrestre du contrat d’assurance, car la base maritime est mise de côté tandis que la base terrestre passe au premier plan. Les adaptations et nouveautés juridiques amènent des auteurs, juges et autres praticiens à s’interroger de nouveau sur la nature du contrat d’assurance. En 1930, la première loi française sur le contrat d’assurance terrestre cristallise certaines de leurs conclusions et positions sans toutefois donner de définition ni de contours fermes au contrat d’assurance. Il demeure encore difficile d’en trouver. / Looking back through history, the very nature of the insurance contract has often been questioned. Indeed, although it started off its career with, and was developed by, the merchant shipping industry ; today it is used as a consumer product contract, strongly anchored into terrestrial reality. In order to apprehend this evolution, it would be interesting to look into what defines the criteria of an insurance contract since the 16th Century right through to 1930. During the 16th Century, the insurance contract started to be used in the terrestrial world and was drafted by the authors of the profession, and in doing so, interested the French legislators. This phase was a theoretical construction and a legislative phase for the insurance contract, which was based on the merchant shipping activity, in spite of applying to a growing number of terrestrial concerns. The next period starts in the middle of the 19th Century, whereby we start to see the first major changes to the insurance contract with the increase in industrial activities and the emergence of socialist ideas and a welfare state. At this point in time, the profession and jurisprudence adapt the insurance contract to the increasing security needs of the population. We can refer to this as a real terrestrial implantation of the insurance contract as the shipping and naval basis takes a back seat. These adaptations and new additions to the legal system make the legislators, judges and other professions concerned ; re-assess the contents of the insurance contract. In 1930, the first French law on the terrestrial insurance contract crystallizes a certain number of their conclusions and positions, without however, giving a strict definition of what an insurance contract is. It still doesn’t exist today.

Race in Argentina played a significant role as a highly durable construct by identifying and advancing subjects (1776-1810) and citizens (1811-1853). My dissertation explores the intricacies of power relations by focusing on the ways in which race informed the legal process during the transition from a colonial to national State. It argues that the State’s development in both the colonial and national periods depended upon defining and classifying African descendants. In response, people of African descendent used the State’s assigned definitions and classifications to advance their legal identities. It employs race and culture as operative concepts, and law as a representation of the sometimes, tense relationship between social practices and the State’s concern for social peace. This dissertation examines the dynamic nature of the court. It utilizes the theoretical concepts multicentric legal orders that are analyzed through weak and strong legal pluralisms, and jurisdictional politics, from the late eighteenth to early nineteenth centuries. This dissertation juxtaposes various levels of jurisdiction (canon/state law and colonial/national law) to illuminate how people of color used the legal system to ameliorate their social condition. In each chapter the primary source materials are state generated documents which include criminal, ecclesiastical, civil, and marriage dissent court cases along with notarial and census records. Though it would appear that these documents would provide a superficial understanding of people of color, my analysis provides both a top-down and bottom-up approach that reflects a continuous negotiation for African descendants’ goal for State recognition. These approaches allow for implicit or explicit negotiation of a legal identity that transformed slaves and free African descendants into active agents of their own destinies.

Cette thèse traite de l'état de la pensée juridique française pendant la période de la Première Guerre mondiale. Il s'agit d'abord d'expliquer quelles sont les formes d'engagement, aussi bien militaires qu'idéologiques, des enseignants juristes pendant le conflit. Il s'agit ensuite de rendre compte des enjeux juridiques que posent le conflit. Enfin, il s'agit de montrer l'influence de ce contexte particulier sur les débats doctrinaux qui ont lieu pendant et après le conflit. Ces recherches ont ainsi pour but de déterminer quelles sont les conséquences de la Grande Guerre sur la pensée juridique française. / This research focuses on the state of French legal thought during the First World War. The first step is to explain the forms of engagement, both military and ideological, of the legal doctrine during the conflict. The next step is to account for the legal challenges posed by the conflict. Finally, it is necessary to show the influence of this particular context on the doctrinal debates that take place during and after the conflict. The purpose of this research is to determine the consequences of the Great War on French legal thought.

Passed on April 27th, 1909 by the 56th General Assembly of the State of Tennessee, the General Education Bill of 1909 established state funding for the establishment and maintenance of normal schools devoted to the education and professional training of teachers in the state of Tennessee. One normal school was established in each division of the state.Two years later, using funding from this act, East Tennessee State Normal School was founded in 1911 and would eventually become East Tennessee State University.

Passed April 7, 1921 by the 62nd General Assembly of the state of Tennessee, Senate Bill no.856, overhauled education funding within the state. All state education funds were combined into one fund thereafter known as the State School fund, to be appropriated according to the provisions of this bill. After other expenses, Senate Bill no.856 established 4.5% of all remaining state funding would be distributed to each of the normal schools.

No description available.

On Monday 22 June 1772, the English jurist William Murray, 1st Earl of Mansfield, delivered his oral verdict as Chief Justice of the Court of King’s Bench in the famous case involving the enslaved Afro-British servant James Somerset to declare that only an Act of Parliament could legalize domestic bondage and that Somerset was a free man. For the estimated 15,000 captives living in the English metropole, Somerset v. Stewart effectively undercut the Anglo-Atlantic slavocracy that had hid behind legal technicalities and extrajudicial decrees defending domestic bondage since the last quarter of the seventeenth century. In order to offer a full treatment of Somerset, its Afro-British legal antecedents, and the Black experience in Early Modern Britain, this work traces the roots of British racial construction--deep seated physiognomic, socio-cultural, legal, and economic roots that date to 1553 when the English first explored equatorial West Africa or what cartographers generically branded “Negroland.” When investigating Somerset scholars have overlooked the semantics of race, its longue durée link to English legal systems, and the historical actors who socially and legally defiled the Black presence in the British Empire. In addition to reconnoitering the origins of British racial construction, this work examines the judicial minutia of Afro-British case law and Mansfield’s 1772 decision, while offering a comprehensive account of its immediate and long-term effects on emancipations in the Anglo-American diaspora. This provides an all-inclusive treatment neglected by Somerset scholars. Mansfield’s verdict was an exceptional threat to slavery in that it resonated powerfully within interracial trans-Atlantic abolitionist movements and the enslaved communities that waged various forms of “diasporic warfare” against captivity throughout the British Empire. My original quantitative data based on the Glasgow University “Runaway Slave in Eighteenth-Century Britain project” reveals the correlation between pro- and anti-slavery Afro-British legal cases and the 830 ‘runaway’ and eighty-two ‘for sale’ advertisements published in eighteenth-century British newspapers. The quantitative evidence illustrates that from 1758 the surge of Afro-British ‘runaways’ led to the high-profile trials of Joseph Harvey (1762), Jonathan Strong (1765), and Thomas John Hylas (1768) which provoked increased anti-slavery activity the following decade. Indeed, by the 1760s servants were absconding in record numbers and resisting--as what I coin metropolitan maroons--and domestic slavery was quickly dying out in Britain. The public reaction to Mansfield’s 1772 verdict, coupled with the precipitous fall of post-Somerset ‘runaway’ and ‘for sale’ advertisements, proved the end of de facto slavery in England. While its legal legacies were at times ambiguous, the Somerset case gained new meanings in the imaginations of emancipationists and pro-slavery apologists alike, as tellings and retellings of its verdict were passed by word of mouth among enslaved people and through popular publications among literate free people in the decades that followed. Some of the reverberations were resounding and others much more subtle, yet all attest to the special significance of Somerset in the long emancipationist struggle against slavery.

Application of the Decrees of the President of the Republic in the Semily District Existing legal history literature deals, to a considerable extent and in general terms, with the questions of decretal rule-making. On the other hand, it only marginally deals with the practical application of these regulations under specific time and local conditions. One of the most severe regulations of this historical stage of Czechoslovak law was Decree No. 108/1945 Coll. on the confiscation of enemy property. The aim of this work is to describe and analyse the application of this regulation. The description of the practical enforcement of confiscation under this Decree on the example of the municipality of Rokytnice nad Jizerou and its vicinity settled by Germans is to reveal the course and extent to which the practice of the national committees observed the then valid confiscation law. Firstly, it was necessary to focus more extensively on the applied Decree de lege lata. Hence, the first part of the work on the above subject provides a summary of brief regulations which apply to property relations and deals in greater detail with the legislative preparations of Decree No. 108/1945 Coll., its scope of powers and interpretation. The second part of the work directs attention to the characteristic features of confiscation...

(English) What is liability?1 This "big" question has proven to be too tough for many private law theorists during the past 60 years. A dominant Czech approach to liability is the so-called theory of sanction: liability is a secondary duty imposed due to breach of a primary duty. At the same time, however, liability is conceptualized as an active institute, i.e. as liability to fulfil an obligation. This implies a specific "Czech" problem of liability: a paradoxical situation where a man can be liable because he was sanctioned, and also be sanctioned because he was liable. Liability in this sense seems to be an inherently flawed and meaningless concept, since both theories aspire to describe liability to the same extent (co-extensively). The most recent trend in Czech legal theory is thus a sceptical approach that completely eliminates the concept of liability from legal discourse. This is contrary to an ongoing and presumably meaningful debate on liability in foreign non-Czech literature that supports the most recent analytical and normative approaches to European legal regulation and its developments. Unlike in Czech language, this literature treats liability (Haftung) and responsibility (Verantwortung) as two discrete concepts. But why is this so? Wher does the "Czech" problem of liability come...