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Full-Text Articles in Arts and Humanities

The Biblical Hermeneutics Of Magister Gratian. An Investigation Of Scripture And Canon Law In The Twelfth Century, John E. Rybolt Jan 1978

The Biblical Hermeneutics Of Magister Gratian. An Investigation Of Scripture And Canon Law In The Twelfth Century, John E. Rybolt

John E Rybolt

The father of canon law, Gratian, compiled and explained previous ecclesiastical jurisprudence using, among other sources, the Bible. This dissertation presents the principles of Gratian's biblical interpretation. It is based on an analysis and explanation of representative passages in the Decretum Gratiani, 628 citations in all.


French Claims In North America, 1500-59, Brian Slattery Jan 1978

French Claims In North America, 1500-59, Brian Slattery

Brian Slattery

This article reviews the history of early French explorations in North America in their diplomatic context and concludes that, contrary to common assumptions, there is little reliable evidence that France laid official claim to North American territories prior to 1560 or that it viewed these territories as territorium nullius or denied the capacity and rights of Indigenous American peoples.


Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron Dec 1977

Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron

Charles H. Baron

The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …


French Claims In North America, 1500-59, Brian Slattery Dec 1977

French Claims In North America, 1500-59, Brian Slattery

Brian Slattery

Historians usually trace the origins of Canada to the initial explorations of England and France, with emphasis upon the French voyages of the early sixteenth century involving Verrazzano, Cartier, and Roberval. France, it is said, officially asserted territorial rights in North America at this era, based upon the discoveries and acts of taking possession of its emissaries, and that these claims were sustained, if in a somewhat desultory manner, until the successful colonizing efforts of the following century. The French crown is thought to have treated North America as unowned land open to appropriation, territorium nullius, rejecting the claims of …