Models of Integrity
Models of Integrity

Author: Joan Kee

Publisher: University of California Press

Published: 2019-02-12

Total Pages: 320

ISBN-13: 0520299388

DOWNLOAD EBOOK

Models of Integrity examines the relationship between contemporary art and the law through the lens of integrity. In the 1960s, artists began to engage conspicuously with legal ideas, rituals, and documents. The law—a primary institution subject to intense moral and political scrutiny—was a widely recognized source of authority to audiences inside the art world and out. Artists frequently engaged with the law in ways that signaled a recuperation of the integrity that they believed had been compromised by the very institutions entrusted with establishing standards of just conduct. These artists sought to convey the social purpose of an artwork without overstating its political impact and without losing sight of how aesthetic decisions compel audiences to see their everyday world differently. Addressing the role that law plays in enabling artworks to function as social and political forces, this important book fills a gap in the field of law and the humanities, and will serve as a practical “how-to” for contemporary artists.

The Poor Had No Lawyers
The Poor Had No Lawyers

Author: Andy Wightman

Publisher: Birlinn

Published: 2013-04-18

Total Pages: 361

ISBN-13: 0857900765

DOWNLOAD EBOOK

New and Updated Edition Who owns Scotland? How did they get it? What happened to all the common land in Scotland? Has the Scottish Parliament made any difference? Can we get our common good land back? In this book, Andy Wightman updates the statistics of landownership in Scotland and explores how and why landowners got their hands on the millions of acres of land that were once held in common. He tells the untold story of how Scotland's legal establishment and politicians managed to appropriate land through legal fixes. Have attempts to redistribute this power more equitably made any difference, and what are the full implications of the recent debt-fuelled housing bubble, the Smith Commission and the new Scottish Government's proposals on land reform? For all those with an interest in urban and rural land in Scotland, this updated edition of The Poor Had No Lawyers provides a fascinating analysis of one the most important political questions in Scotland.

Scotland's Foreshore
Scotland's Foreshore

Author: John MacAskill

Publisher: Edinburgh University Press

Published: 2018-06-21

Total Pages: 272

ISBN-13: 1474436935

DOWNLOAD EBOOK

Explores how internet use empowers Arab citizens

Parliamentary Sovereignty and the Human Rights Act
Parliamentary Sovereignty and the Human Rights Act

Author: Alison L Young

Publisher: Bloomsbury Publishing

Published: 2008-12-05

Total Pages: 196

ISBN-13: 1847314732

DOWNLOAD EBOOK

The Human Rights Act 1998 is criticised for providing a weak protection of human rights. The principle of parliamentary legislative supremacy prevents entrenchment, meaning that courts cannot overturn legislation passed after the Act that contradicts Convention rights. This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment. Nevertheless, it is argued that the current protection should not be strengthened. If correctly interpreted, the Human Rights Act can facilitate democratic dialogue that enables courts to perform their proper correcting function to protect rights from abuse, whilst enabling the legislature to authoritatively determine contestable issues surrounding the extent to which human rights should be protected alongside other rights, interests and goals of a particular society. This understanding of the Human Rights Act also provides a different justification for the preservation of Dicey's conception of parliamentary sovereignty in the UK Constitution.

Comparative Succession Law
Comparative Succession Law

Author: Kenneth G C Reid

Publisher: Oxford University Press

Published: 2020-10-09

Total Pages: 832

ISBN-13: 0192590731

DOWNLOAD EBOOK

This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom. The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.

Land Reform in Scotland
Land Reform in Scotland

Author: Malcolm Combe

Publisher: Scotland's Land

Published: 2020

Total Pages: 0

ISBN-13: 9781474446853

DOWNLOAD EBOOK

A stimulating rethink of contemporary land reform in Scotland from historical, legal, and socio-economic perspectives Land reform is as topical as ever in Scotland. Following the latest legislative development, the Land Reform (Scotland) Act 2016, there is a need for a comprehensive and comprehensible analysis of the history, developing framework and impact of Scottish land reform. Scholarly yet jargon-free, this landmark volume brings together leading researchers and commentators working in law, history and policy to analyse the past, present and future of Scottish land reform. It covers how Scotland's land is regulated, used and managed; why and how this has come to pass; and makes some suggestions as to the future of land reform. Key features: - Offers a holistic approach to land reform in Scotland; - Draws on case studies of land policies in the UK, mainland Europe and the USA to allow comparison and contextualisation of Scottish land reform with other models; - Examines the significance of right to property on the land reform process, and looks at how it is now being used as an impetus for economic and social rights reform; - Designed to suit individual academic specialisms, while still being accessible to readers across disciplines and professions. Malcolm M. Combe is a Senior Lecturer in law at the University of Strathclyde and non-practising solicitor Jayne Glass is a Land Use Policy Researcher at Scotland's Rural College (SRUC) and Honorary Lecturer at the University of Edinburgh Annie Tindley is a Senior Lecturer in modern British History at the Newcastle University

An Institute of the Law of Scotland
An Institute of the Law of Scotland

Author: John Erskine

Publisher: Franklin Classics Trade Press

Published: 2018-10-22

Total Pages: 596

ISBN-13: 9780343997212

DOWNLOAD EBOOK

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Illegality and Public Policy
Illegality and Public Policy

Author: R. A. Buckley

Publisher:

Published: 2013

Total Pages: 348

ISBN-13: 9780414028395

DOWNLOAD EBOOK

The new edition of Illegality and Public Policy builds on the strengths of its predecessors in its comprehensiveness, extensive case reference and coverage of the allied area of Restraint of Trade. It also offers fresh coverage of Illegality in employment contracts, extensive coverage of up-to-date work by the Law Commission in this field, and worked examples to illustrate the complexities of the field. The book sets out the law relating to illegality and public policy in the context of contracts and the possible undesirable consequences which an agreement may have for society at large.Introduction; Crime, Tort and Statutory Illegality; Implied Prohibition of Contracts; Unlawful Performance; Knowledge and Participation; Indemnity and Forfeiture; Policy and Morality; Fraud and Corruption; Compromising the Legal Process; Maintenance and Champerty; Peace and War; Nature of the Doctrine; Frontiers of Protection; Construction and Scope of Covenants; Customers, Rivals and the Professions; Oppression, Repudiation and Interim Injunctions; The Enforceability of Proprietary Interests; Illegality and Restitution; Repentance and Protection; The Doctrine of Severance; The New Zealand Illegal Contracts 1970; Reform Proposals in Commonwealth Jurisdictions; Hypothetical Situations involving Illegality. The book deals with new authorities and decisions including: - The Estate of Dead Persons Act 2011 - Nayyar v Denton Wilde Sapte [2009] EWHC 3218 - Coulson v News Group Newspapers [2011] EWHC 3482 and Mulcaire v News Group Newspapers [2011] EWHC 3469 - Simpson v Norfolk & Norwich University Hospital Trust [2011] EWCA Civ 1149 - Westlaw Services v Boddy [2010] EWCA Civ 929 - Lediaev v Allen [2009] EWCA Civ 156 - Safeway Stores v Twigger [2010] EWCA Civ 1472 (illegality in competition) - Parkingeye Ltd v Somerfield Stores Ltd [2012] EWCA Civ 1338 (general doctrine of ex turpi causa) - Sibthorpe v Southwark LBC [2011] EWCA Civ 25 (champerty/legal process) - Craig Joseph v Jason Spiller and 1311 Events Ltd [2009] EWCA 1075 (statutory illegality) - Hounga v Allen [2012] EWCA Civ 609 (effect of race discrimination on legal process) - Proactive Sports Management Ltd v Rooney [2011] EWCA Civ 1444 - Gray v Thames Trains [2009] UKHL 33 (consequences of criminal act) - Stone & Rolls v Moore Stephens [2009] UKHL 39 (effects of fraud) - Welwyn v Hatfield BC [2011] UKSC 15 (no benefit from crime) - Granatino v Radmacher [2011] AC 534 (enforceability of pre-nuptial agreements)

Property, Trusts and Succession
Property, Trusts and Succession

Author: George Gretton

Publisher: Bloomsbury Publishing

Published: 2017-08-11

Total Pages: 619

ISBN-13: 1526500566

DOWNLOAD EBOOK

This title provides full coverage of the property, trusts and succession parts of the LLB syllabus in Scotland in one convenient volume. The relevant rules of statute and common law are surveyed and frequent examples used, making this a highly practical and accessible text. Key contents include: Personal and real rights, and types of property; Ownership and how it is transferred; Land registration; Possession; Subordinate real rights, including servitudes, real burdens, leases and securities; Proper and improper liferents; Trusts: constitution, administration and termination; Testate succession; Intestate succession; Execution of documents; Human rights; Appendix on the feudal system. Whilst aimed primarily at undergraduates, this important title will also prove a useful source of reference to practitioners seeking an introduction to this area of law.