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Full-Text Articles in Comparative and Foreign Law

A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson Oct 1985

A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson

Scholarly Works

In this paper I want to look at four approaches to deciding a case in different societies-contemporary England, uncodified civil or 'mixed' law systems (with an example from 17th century Scot-land and another from early 20th century South Africa), 19th century France after codification, 15th century Germany with a glance at 13th and 14th century Spain-where the attempt is made each time to reach the correct decision by applying the mental process thought most appropriate. None of the approaches examined here is result-oriented, and to outsiders, especially to lawyers brought up in a different legal culture, the mental process seems …


Procedural Fairness And University Students: England And Canada Compared, Clive B. Lewis Jun 1985

Procedural Fairness And University Students: England And Canada Compared, Clive B. Lewis

Dalhousie Law Journal

Universities have recently been subjected to increased demands for judicial scrutiny of the conduct of their affairs, especially in the area of procedural review. Much of the academic writing has concentrated on these developments as they affect the academic staff of the university.' This article seeks to redress the balance by considering procedural fairness in the context of university decision-making as it affects students. A study of university decision-making provides a useful framework for a more general consideration of the new approach to "procedural fairness" with its emphasis on balancing the nature of the decisions against the competing interests of …


The Servants, Stephan Landsman Feb 1985

The Servants, Stephan Landsman

Michigan Law Review

A Review of Barristers' Clerks, the Law's Middlemen by John Flood


Their Litigious Society, A.W. Brian Simpson Feb 1985

Their Litigious Society, A.W. Brian Simpson

Michigan Law Review

A Review of The Whilton Dispute, 1264-1380: A Social-Legal Study of Dispute Settlement in Medieval England by Robert C. Palmer


Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green Jan 1985

Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green

Books

This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other cases …