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11	Deus ex machina : legal fictions in private law Shmilovits, Liron January 2019 (has links) This PhD dissertation is about legal fictions in private law. A legal fiction, broadly, is a false assumption knowingly relied upon by the courts. The main aim of the dissertation is to formulate a test for which fictions should be accepted and which rejected. Subsidiary aims include a better understanding of the fiction as a device and of certain individual fictions, past and present. This research is undertaken, primarily, to establish a rigorous system for the treatment of fictions in English law - which is lacking. Secondarily, it is intended to settle some intractable disputes, which have plagued the scholarship. These theoretical debates have hindered progress on the practical matters which affect litigants in the real world. The dissertation is divided into four chapters. The first chapter is a historical study of common-law fictions. The conclusions drawn thereform are the foundation of the acceptance test for fictions. The second chapter deals with the theoretical problems surrounding the fiction. Chiefly, it seeks precisely to define 'legal fiction', a recurrent problem in the literature. A solution, in the form of a two-pronged definition, is proposed, adding an important element to the acceptance test. The third chapter analyses modern-day fictions and recommends retention or abolition for each fiction. In the fourth chapter, the findings hitherto are synthesised into a general acceptance test for fictions. This test, which is the thesis of this work, is presented as a flowchart. It is the author's hope that this project will raise awareness as to the merits and demerits of legal fictions, de-mystify the debate and bring about reform.
12	”By the iron hand of oppression" : The performance of the parliamentary election contest in Nottingham and Middlesex 1802-1803 Blomgren, Alvar January 2017 (has links) The aim of this thesis is to investigate how politics was done at the level of the parliamentary constituencies at the time of the treaty of Amiens 1802-1803. This is achieved through two case studies of the elections in Middlesex and Nottingham, which are investigated as social practices. This thesis argues that understandings of masculinity and national identity, as well as questions about the nature of the constitution and citizen rights were central to participants in the extraparliamentary political process. Collective emotions were also highly important in the process of mobilising political support, and this thesis emphasises that participation in these elections was a collective effort; men and women from all levels of society were significant political actors. Moreover, this thesis demonstrates the importance of competences such as knowledge about the organisation of crowds and political violence in the performance of the election. Georgian elections political history history of democracy Georgian politics Parlamentary reform reform movement radicals radicalism Pittite repression Gagging acts two acts seditious meetings act treason act habeas corpus suspension act habeas corpus Nottingham Middlesex 1802 general election parlamentary elections controverted elections 19th century nineteenth century treaty of Amiens Joseph Birch Daniel Coke William Mainwaring Francis Burdett Mary Rich Cold Bath prison newspapers citizenship nationality British national identity English national identity gender masculinity independence working-class lower-class crowds women female political propaganda political artifacts vestiary affronts space place power emotions collective emotions solidarity doing politics social practice practice theory practice-as-entity practice-as-performance Elizabeth Shove Ducking spencering Hanoverian History Historia

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Deus ex machina : legal fictions in private law

”By the iron hand of oppression" : The performance of the parliamentary election contest in Nottingham and Middlesex 1802-1803