I have chosen" The legal consequences of defects of marriage in Czech and English law" as the topic of my thesis for several reasons. A new statute No. 89/2012 Sb. will enter into effect on January 1st 2014 and will newly regulate the area of family law in a comprehensive manner. The general public and lawyers are not fully aware of the new legal regulation and therefore I would like to outline the new regulation focusing on legal consequences of defects of marriage. The purpose of my thesis is to compare the legal consequences of defects of marriage in Czech and English law and to point out the fundamental differences in both legal systems. The chapters dealing with Czech legal regulation are based on valid but not effective statute, No. 89/2012 Sb., the Civil Code. The chapters presenting English legal regulation are based exclusively on effective statutes. The thesis compares the two legal systems in the area of legal consequences of defects of marriage. The English legislation is more extensive and detailed. I was introduced to the English legislation during the exchange study programme on Northumbria University in Newcastle, UK. The Northumbria University unlike Charles University attaches to study of nullity law high importance. The nullity law is considered to be a building block of family...

This study is an examination of the legal basis of slavery in New Jersey from 1665 to 1865. It traces the laws concerning slavery in the colony from the proprietor period until abolishment in 1865. The purpose of this study is to show how slavery was legally developed in this northern state and to prove that slavery was more than a national issue, but was also a state issue. New Jersey was cut in half on the issue of slavery for the same reasons that the country was split in half, which is why this study is so very important. Although no state of war took place, all the underlining issues surrounding slavery were present. Slave labor was more profitable in East Jersey, with its large farms, than in West Jersey, where the farms were family operated. Since East Jersey tended to have more slave labor, it also passed more laws prohibiting the movement of slaves in an effort to discourage slave revolts. The New Jersey Society for the Abolition of Slavery and the Society of Friends (Quakers), who tended to favor the abolition of slavery, were concentrated in West Jersey, where the need for slave labor was less prevalent. The Quakers played a very large role in the enactment of anti-slavery laws and the gradual abolition of the institution of slavery in New Jersey. Most of the research for this study was done at Stockton State College in Pomona, New Jersey the South Jersey reservoir for primary documents such as the Abstracts of Wills and advertisements. The New Jersey Archives located in Trenton, New Jersey, provided original copies of maps, pamphlets and the minutes of various groups and their constitutions. All the laws discussed in this study were found in the Atlantic Municipal Court Law Library in Atlantic City, New Jersey.

In law as well as in ordinary life, it matters what rules societies have; but what does it mean for a society to have a rule? HLA Hart’s famous answer is that for a society to have a rule is for there to be a certain social practice in that society, consisting of an external, behavioural aspect and an internal, attitudinal aspect. Hart’s ‘practice theory’ dominates thinking in jurisprudence about social rules, but, I argue, there are serious problems with it. It would be better to adopt what I call the ‘acceptance theory’. In the early chapters of this thesis, I argue that the practice theory is both overinclusive and underinclusive. It is overinclusive because Hart’s description of the ‘internal aspect’ is too general. It is underinclusive because the ‘external aspect’ is unnecessary. Once these criticisms are taken into account, what remains of the practice theory is the idea that a society has a rule because its members have a certain attitude. I spend much of this thesis determining the features of this attitude. Ultimately, I focus on the attitude known as “acceptance” in the philosophy of action. Acceptance of a proposition simulates belief in that proposition, though it may be held independently of that belief. I argue that a person or society has a rule when that person, or that society’s members, accept that some action ought to be performed, whatever their beliefs about the matter. This theory incorporates the plausible core of the practice theory, while avoiding its problems.

M.Sc. (Med.) (Bioethics and Health Law), Faculty of Health Sciences, University of the Witwatersrand, 2009 / This study set out to perform an ethical-legal analysis of the current practices across the seven public health centres in South Africa that perform feticide for congenital abnormalities. Ideally, such decisions need to be guided by multidisciplinary discussions with the parent(s) and the parties included in the team, e.g. Obstetricians, Neonatologists, Nursing, Genetics counsellors and Social Workers and following the ethical principles of beneficence and respect for autonomy. Prior to the study, it was unknown as to whether all seven centres were using multidisciplinary groups in the decision-making process and on what basis approvals were being granted for feticide. The objectives of the review were to assess the number of feticides performed, who made the decision to offer the feticide and for what ethical or clinical indications. The results showed that all public health facilities in South Africa differed in the criteria that were used in making the decision to offer feticide. The clinicians varied in terms of who was represented in the team that reviewed the cases of congenital abnormalities. An analysis of the literature, together with a review of the data received on the current practices, guided the development of an ethical guideline for this service as well as making recommendations as to how the law could be strengthened in order to protect both health workers and patients.

STUDENT NUMBER: 0407481N SCHOOL FOR HUMANITIES AND SOCIAL SCIENCES MASTER OF ARTS IN FORCED MIGRATION STUDIES / Proponents of migrants rights often posit that distinct legislation not only secure migrants rights in host countries, but also enhance the ideals of liberal democracies in which policing is regulated by the rule of law, impartiality and respect for due process. The potential for discrimination by host communities to some categories of migrants is deemed to underscore the importance of migration laws. Critics argue that such laws undermine the very rights they are supposed to protect in that they set different standards for the treatment of migrants. In this study, based on evidence from research with Somali migrants in Johannesburg, South Africa, study I argue that legal documents as evidence of legal status have little significance in the policing of migrants. This paradox can be explained by three main reasons; first, the issuance, retention and renewal of these documents is characterized by irregularities and corruption that undermine the legitimacy of the document, giving the police enough grounds for suspicion. Second the political and social context in which policing of migrants is done undermines the significance of their legal status. The anti-migration sentiment among the nationals effectively sets different standards for policing of migrants. Third, the legal framework gives the police the dual and potentially conflicting responsibilities of regulating migration on the one hand and protecting migrants on the other hand. The police have taken their regulation responsibility to be synonymous with that of gate-keeping whereby migrants are separated and denied access to government services. This role of gate – keeping is manipulated by the police for their own ends while citizens and politicians directly or indirectly sanction their extra-legal actions when dealing with migrants.

This study examines how paralegal training in Lesotho was designed and managed. It analyses the content of the training and methods used. An assessment is made of how the participants used the training in the field. Since the inception of paralegal training in 1993 in Lesotho, no systematic and consolidated analysis lias been done to present a story on the existence o f the paralegal training programme. Paralegal training in this context is defined as the training of community-based people who are given skills to help disadvantaged individuals and groups to fight for thcirrights through the legal system. The legal profession adopted the use o f "barefoot lawyers" to address the imbalance in the accessibility o f legal services and facilities. Internationally the use of paralegals has taken root. In Lesotho the use of paralegals is fairly new, so there is the need to explore mis approach. There are two organisadons involved in paralegal training - the Community Legal Resource and Advice Centre (CLRAC) and the Lesotho Federation of Women Lawyers (FIDA). Both serve urban and rural populations. Lesotho being a case in point, this is a study aimed at obtaining in-depth information to highlight the paralegal training programme in Lesotho. It sought to ask critical questions about who were recruited as paralegal trainees, which topics were handled in the paralegal training programme, what training methods were used and what responsibilities paralegals fulfil after training. The outcome of this study has already contributed towards establishing a common content and methodology by presenting a systematic analysis of differences and common issues. The methods used to compile the Lesotho case study of paralegal training were reference to files and reports kept by CLRAC and FIDA,in house interviews and observations and interviews with paralegals and village leaders. Forty paralegals, who were trained by the two organisations, were involved in the study. They were identified from the districts o f Module's Hock, Mafeteng, Thaba-Tseka, (the three districts where CLRAC operates), Teyateyaneng and Quthing (two o f the three districts where FIDA operates). An interview schedule was developed which was used lo collect the information from the different respondents who were available during data collection phase of the study. The outcome of this study is that paralegal work is useful. There is the need to train more people as paralegals and to design the paralegal training programme in such a way that it responds to problems within a given context of rural and urban settings.

No description available.

À la différence de ce qui caractérise l’ordre juridique international général, le système juridique communautaire définit singulièrement les rapports entre son système et celui de ses États membres. En effet, la Cour de justice consacre le principe d’immédiateté de la norme européenne, ce qui indique qu’elle est valide dans les systèmes juridiques nationaux. En conséquence, et en premier lieu, la Cour pose le principe de primauté qui est une règle de conflit selon laquelle la norme juridique européenne prévaut sur la norme nationale. En second lieu, la Cour part du postulat selon lequel l’ensemble des normes européennes sont revêtues de l’effet direct, ce qui signifie que les droits contenus dans ces dernières intègrent directement le patrimoine juridique des particuliers, et sont donc invocables à l’encontre, notamment, des pouvoirs publics. Le triptyque immédiateté/primauté/effet direct nous porte à nous situer dans un espace normatif unique où coexistent de façon a priori harmonieuse les normes européennes et nationales. Or, cela n’est pas systématique. La singularité des rapports de systèmes Union/États membres se caractérise par la place croissante des individus dans la construction européenne. Bien qu’ils soient bénéficiaires du pacte conclu entre les États membres, ils sont désormais partie prenante à celui-ci, comme l’atteste le statut de citoyen de l’Union, issu du traité sur l’Union. Par conséquent, le caractère tripartite de ce pacte impose de repenser la construction du système juridique, à l’aune de la place qui est faite à l’individu. Dans cette optique, l’objet de notre étude est de démontrer que la construction du système juridique de l’Union a ce dernier pour centre de gravité l’individu. La première partie de l’étude est basée sur une perspective d’identification et de construction de la place de l’individu-humain dans le système juridique de l’Union. En premier lieu, l’identification résulte de l’interprétation authentique, faite par la Cour de justice, des valeurs à la base du pacte entre États membres : l’égalité et la solidarité. Le relais a été pris par les rédacteurs des traités, par l’insertion du statut de citoyen de l’Union, tel qu’il est interprété par la Cour de justice. De ce mouvement de va-et-vient, il résulte, en second lieu, qu’une place toujours plus croissante de l’individu est consacrée dans ce système, ce qui génère une constitutionnalisation du système juridique de l’Union. La seconde partie a pour objet d’examiner la place de l’individu dans l’émergence d’un système juridique élargi dans les rapports entre l’Union et ses États membres. Dans un premier temps, la constitutionnalisation du système juridique de l’Union nécessite que ses normes et ses institutions soient reconnues comme légitimes, tant par les États que par les individus. Ce besoin accru de légitimité renforce la place de l’individu dans les rapports verticaux de systèmes qui est assouvi par la protection des droits fondamentaux. Or, en second lieu, la compréhension d’un système juridique élargi résulte d’une analyse du fonctionnement du couple Cour de justice-juridictions nationales. / Unlike what characterizes the general international legal order, the European legal system singularly defines the relationship between its system and the one of its Member States. Indeed, the Court of Justice embodies the principle of immediacy of the European standard, which indicates its validity in the national legal systems. Accordingly, and in the first place, the Court establishes the principle of primacy which is a conflict rule where the European legal standard prevails overt he national standard.Second, the Court starts from the premise that all European standards have a direct effect, which means that they directly integrate the legal heritage of individuals, and can be invoked against, public authorities. The triptych immediacy / primacy /direct effect leads us to consider ourselves in a single normative space where European and national standards coexist inharmony. However, this is not systematic. The particular relationship Union / Member States' systems is characterized by thein creasing role of the individuals in the European construction. Despite the fact that they benefit from the Member Statespact, they are now part of it, as the status of citizen of the Union resulting from the Treaty on European Union can prove.Therefore, the tripartite nature of this pact enforces rethinking the construction of the legal system, considering the place given to the individual. In this context, the topic of our study consist to demonstrate that the individual is the center of gravity of the construction of the Union legal system.The first part of the study is based on a perspective of identification and construction of the place of the individual-human in the Union legal system. First, the identification results from the interpretation of the Court of Justice based on the values which constitute the basis of the pact between the Member States : equality and solidarity. The relay was taken by the European constituent, through the insertion of the status of citizen of the Union, as interpreted by the Court of Justice. From this movement back and forth follows secondly, that the individual place enshrined in this system with an increasing importance, which generates a constitutionalisation of the legal system of the Union.The second part is to consider the place of the individual in the emergence of a legal system expanded in the relationships between the Union and its Member States. Initially, the constitutionalisation of the EU legal system requires a recognition and legitimation of its standards and its institutions both by states and by individuals. This increased need for legitimacy strengthens the place of the individual in the vertical reporting systems which is done by the protection of fundamental rights.Secondly, the understanding of a broader legal system results from an analysis of the relation between the Court of Justice and the national jurisdictions.

Thesis advisor: Alan Rogers / It was not until relatively recently in United States history that the right to counsel for the accused, embodied in the Sixth Amendment to the U.S. Constitution, was interpreted as a government responsibility. When the Supreme Court of the United States announced in 1963 that the states had to provide attorneys to indigent defendants in most serious criminal cases, state and local governments struggled to fund and coordinate the effort. Simultaneously, a legal services movement had reemerged for the civil legal needs of poor populations. This thesis provides a history of the progress of legal representation in both the criminal and civil contexts in Boston, Massachusetts from 1963 to 1983. It documents and examines the role of the state legislature, the Supreme Judicial Court, the Boston Bar Association, and gives special emphasis to the indispensable contributions by national entities and federally-funded legal service providers. / Thesis (BA) — Boston College, 2011. / Submitted to: Boston College. College of Arts and Sciences. / Discipline: History Honors Program. / Discipline: History.

University of Macau / Faculty of Law