This thesis examines the relationship, in theory and in practice, between the concepts of justice (iustitia) and mercy (misericordia) in English courts between c. 1100 and c. 1250. During this period English judges (in courts of both common and canon law) were faced with a serious dilemma. The emergence of systematic law had fundamentally altered the pastoral foundations of the act of judgement. On the one hand, judges were incorporated into a system of law in which justice was expected to be routine and regular. They were bound by procedure, and ‘justice’ was considered to lie in the return of due punishment for injury. On the other, this notion of strict justice coexisted with an alternative way of conceiving of judicial responsibilities, which emphasised that justice was incomplete unless it incorporated within it the principle of mercy. This tradition argued that, both for the benefit of the offender and the judge’s own soul, it was safer and more virtuous to mitigate the punishments prescribed by law. English judges were caught in a dilemma, and were, in effect, obliged to choose between two fundamentally opposed ideas of justice, and two starkly contrasting approaches to sentencing. This thesis argues that such a choice was a problem which concerned the schools of theology as much as it did the courts of law. It examines the attempts of theologians and lawyers to resolve the dilemma and provide practical counsel to judges. Scripture, classical philosophy and patristic texts were the key sources in a discussion of how judicial discretion should be exercised in choosing between punitive and merciful courses of action. Rather than conceiving of justice as a purely procedural exercise, English law, and English judges, appreciated that the act of giving judgement was a complex pastoral challenge.

The progress of criminal law in 18th century in our country The main theme of this graduation thesis is the progress in substantive criminal law and procedural criminal law in the 18th century in our countries. Part of the work focuses on the codex published in 1803, as it was highly progressive for the period. Its inclusion in the thesis was, therefore, logical and necessary. The whole development of criminal law in Czech countries has been derived from the progress of criminal law of the Habsburg monarchy, which Bohemia was a part of. As a secondary theme the thesis elaborates the historical development of the monarchy in this period, philosophical and religious orientations and beliefs, the greatest thinkers and previous legislation drawn by policy makers in the 18th century and often accepted in the first half of the 18th century. This work also discusses the progress of the structure of capital justice in our country, which focuses mainly on personal and material equipment and the reason for the gradual reduction of capital court. In a special chapter the correction progress of crimes against divine majesty, on which the opinion has changed over the century, is discussed; namely the change from strictly punishable crime to offenses and then their return back to crime. This chapter also includes a...

As idéias psicológicas foram introduzidas no estado do Rio Grande do Sul com a criação das primeiras instituições de ensino superior no final do século XIX. Entre elas se destacam a Faculdade de Medicina (1898) e a Faculdade de Direito (1900). Esta tese teve como objetivos principais descrever as idéias psicológicas presentes nestas duas faculdades, e investigar a relação da ciência psicológica com os demais campos de conhecimento. Foram pesquisados os acervos das bibliotecas das respectivas faculdades, bem como os arquivos históricos do estado e da cidade de Porto Alegre. Os livros e teses encontrados foram catalogados e listados quanto a sua procedência, data de publicação e área temática principal. A pesquisa nos arquivos históricos auxiliou na descrição do contexto sócio-cultural no qual estas faculdades se desenvolveram através do exame da legislação e dos jornais da época. Todos os documentos foram analisados com base nas abordagens da História das Idéias Psicológicas e da História das Ciências. Identificaram-se seis categorias utilizadas na análise dos dados, a saber, “Idéias psicológicas e concepções de higiene no contexto sul-rio-grandense”, “Concepções de adoecimento mental e a constituição da Psiquiatria no Rio Grande do Sul”, “Criminologia, identidade e o estabelecimento de normas na sociedade sul-rio-grandense”, “Saúde pública e cuidados com a infância: Primeiras experiências em higiene escolar”; “Estratégias de diagnóstico e de tratamento das doenças mentais nas perspectivas da Psiquiatria e Neurologia sul-rio-grandense” e “A relação do homem com o ambiente: Primeiras experiências da aplicação da teoria psicossomática na Medicina do Rio Grande do Sul”. Os resultados foram analisados em suas similaridades e especificidades com outras investigações a respeito da História das Idéias Psicológicas no Brasil e compõem um levantamento das idéias psicológicas no Rio Grande do Sul entre 1890 e 1950. / The psychological ideas were introduced in Rio Grande do Sul with the foundation of the Medicine School (1898) and the Law School (1900). This thesis aimed to describe the psychological ideas in these two schools and to establish the relationship between psychology and others realms of knowledge in the Rio Grande do Sul. The libraries of Medicine School and Law School, the historical archives of Porto Alegre and Rio Grande do Sul were investigated. The books and the thesis founded were enlisted by their origin, time of publication and thematic areas. The research at the historical archives helped to describe the socio-cultural framework where the schools were developed trough the analysis of legislation and newspapers. All documents were analyzed by History of Psychological Ideas and History of Science theories. Six categories were identified: “Psychological ideas and hygiene conceptions in Rio Grande do Sul”, “Mental health conceptions and Psychiatry in the Rio Grande do Sul”, “Criminology, identity and behavior at sul-rio-grandense society”, “Public health and childhood care: First experiences in school hygiene”, “Diagnosis strategies and mental health treatment on Neurology and Psychiatry perspectives”, “The relationship between man and environment: First experiences in the application of psychosomatic theory in Rio Grande do Sul”. The results were a panorama of psychological ideas in Rio Grande do Sul between 1890 and 1950.

As idéias psicológicas foram introduzidas no estado do Rio Grande do Sul com a criação das primeiras instituições de ensino superior no final do século XIX. Entre elas se destacam a Faculdade de Medicina (1898) e a Faculdade de Direito (1900). Esta tese teve como objetivos principais descrever as idéias psicológicas presentes nestas duas faculdades, e investigar a relação da ciência psicológica com os demais campos de conhecimento. Foram pesquisados os acervos das bibliotecas das respectivas faculdades, bem como os arquivos históricos do estado e da cidade de Porto Alegre. Os livros e teses encontrados foram catalogados e listados quanto a sua procedência, data de publicação e área temática principal. A pesquisa nos arquivos históricos auxiliou na descrição do contexto sócio-cultural no qual estas faculdades se desenvolveram através do exame da legislação e dos jornais da época. Todos os documentos foram analisados com base nas abordagens da História das Idéias Psicológicas e da História das Ciências. Identificaram-se seis categorias utilizadas na análise dos dados, a saber, “Idéias psicológicas e concepções de higiene no contexto sul-rio-grandense", “Concepções de adoecimento mental e a constituição da Psiquiatria no Rio Grande do Sul", “Criminologia, identidade e o estabelecimento de normas na sociedade sul-rio-grandense", “Saúde pública e cuidados com a infância: Primeiras experiências em higiene escolar"; “Estratégias de diagnóstico e de tratamento das doenças mentais nas perspectivas da Psiquiatria e Neurologia sul-rio-grandense" e “A relação do homem com o ambiente: Primeiras experiências da aplicação da teoria psicossomática na Medicina do Rio Grande do Sul". Os resultados foram analisados em suas similaridades e especificidades com outras investigações a respeito da História das Idéias Psicológicas no Brasil e compõem um levantamento das idéias psicológicas no Rio Grande do Sul entre 1890 e 1950. / The psychological ideas were introduced in Rio Grande do Sul with the foundation of the Medicine School (1898) and the Law School (1900). This thesis aimed to describe the psychological ideas in these two schools and to establish the relationship between psychology and others realms of knowledge in the Rio Grande do Sul. The libraries of Medicine School and Law School, the historical archives of Porto Alegre and Rio Grande do Sul were investigated. The books and the thesis founded were enlisted by their origin, time of publication and thematic areas. The research at the historical archives helped to describe the socio-cultural framework where the schools were developed trough the analysis of legislation and newspapers. All documents were analyzed by History of Psychological Ideas and History of Science theories. Six categories were identified: “Psychological ideas and hygiene conceptions in Rio Grande do Sul", “Mental health conceptions and Psychiatry in the Rio Grande do Sul", “Criminology, identity and behavior at sul-rio-grandense society", “Public health and childhood care: First experiences in school hygiene", “Diagnosis strategies and mental health treatment on Neurology and Psychiatry perspectives", “The relationship between man and environment: First experiences in the application of psychosomatic theory in Rio Grande do Sul". The results were a panorama of psychological ideas in Rio Grande do Sul between 1890 and 1950.

This thesis analyzes tha value added tax (VAT) in the European Union (EU). Primarily,the issue of tax harmonization and legal basis of tax harmonization in the context of European Union is studied. Furthermore, this thesis makes a comparision of VAT legislation in the EU and Turkey and identifies differences between the EU VAT system and Turkish VAT Law.Lastly, within the framework of finding similarities between Turkish and EU VAT legislation,the thesis tries to examine whether major harmonization laws are needded to be adopted in the accession process in the field of VAT.

The members of the Canadian War Crimes Liaison Detachment ??? Far East travelled across the Pacific in April 1946 to participate in ???minor??? war crimes trials in Hong Kong and Japan. The assignment stemmed from the harrowing experiences of the Winnipeg Grenadiers and Royal Rifles of Canada in Hong Kong and Japan following the Japanese invasion in December 1941 through to their liberation from POW camps at the end of the Pacific War. Literature pertaining to war crimes trials during this period focuses primarily on the Nuremberg and other European trials, or on the major, often politicized Tokyo Trial. This dissertation addresses the frequently proffered recommendation in the literature that further explorations into the ???minor??? trials of 5600 Japanese war criminals are needed. The members of the Canadian Detachment served as prosecutors at the American operated Yokohama War Crimes Trials, as well as the British Hong Kong War Crimes Courts. Their cases covered the entirety of the POW experience, from atrocities during battle and in the immediate aftermath, to brutal abuses and medical neglect in POW camps and exploitation in war-related and dangerous labour. The Canadian trials were steeped in emerging and evolving legal concepts including issues of command responsibility and superior orders, as well as the use of common or joint trials and broadly expanded rules of evidence. The uncertainty of trial outcomes and the leniency of many of the sentences combined with the genuine effort extended by the Canadian Detachment members in investigation, case development, and in the courtroom belie the crude and misguided application of a victors??? justice framework. Although the trials were not marked with a clear sense of unfairness, their historical legacy has ultimately been a failure. When the international community sought answers to war crimes starting in the latter half of the twentieth century, these trial records have been left to gather dust on archive shelves. However, the transcripts offer historians the opportunity to better understand both the brutality and banality of the POW experience, and the legal community a series of pragmatic and thorough avenues for addressing violations of the laws and customs of war.

This Thesis will consider the development of the traditional bill of lading from its origins, which appear to be much older than previously considered, up to the present day. The development of the bill of lading will be examined in order to answer basic questions: what is a traditional bill of lading, and what functions does it perform. In Part I of the Thesis the development of the three main functions of the traditional bill will be considered, namely receipt, contract, document of title. It will conclude with observations on the nature of the traditional bill of lading and how it differs from the early form of the bill of lading. Part II of the Thesis will then consider the development and nature of related shipping documents (charterparty bills, received for shipment bills, non-transferable bills), how far these documents perform the functions of the traditional bill of lading, and whether they can be truly described as bills of lading. Part II will then go on to consider the development and nature of electronic bills of lading and assess how well such bills perform the functions of the traditional bill of lading. The Thesis will conclude that although most of the functions of the traditional bill are in effect performed by electronic bills, electronic bills are in fact a new type of bill of lading and not merely a traditional bill in an electronic format. Conclusions will then be drawn as to what effect the development of new types of bill of lading will have on the future of the traditional bill of lading in the maritime industry.

Thesis--Faculté de droit de Paris. / Includes bibliographical references.

Thesis (Doktorwürde)--Universität Greifswald, 1905. / Cover title. Includes bibliographical references.

Thesis (doctoral)--Humboldt-Universität, Berlin, 2004. / Includes bibliographical references (p. 607-620) and index.