The Experts below are selected from a list of 7314 Experts worldwide ranked by ideXlab platform
Graham Mcbain - One of the best experts on this subject based on the ideXlab platform.
-
high Treason violating the sovereign s wife
Legal Studies, 2009Co-Authors: Graham McbainAbstract:Recently, the Law Commission has indicated that it will be considering the abolition of the crime of high Treason. The purpose of this paper is to analyse the interesting legal history of one of the offences which go to make up high Treason - violating the sovereign's wife or his eldest unmarried daughter or the wife of his eldest son and heir - and to argue for its abolition.
-
High Treason – violating the sovereign's wife*
Legal Studies, 2009Co-Authors: Graham McbainAbstract:Recently, the Law Commission has indicated that it will be considering the abolition of the crime of high Treason. The purpose of this paper is to analyse the interesting legal history of one of the offences which go to make up high Treason - violating the sovereign's wife or his eldest unmarried daughter or the wife of his eldest son and heir - and to argue for its abolition.
Novotný Patrik - One of the best experts on this subject based on the ideXlab platform.
-
Treason and high Treason in czech legal history
Univerzita Karlova Právnická fakulta, 2019Co-Authors: Novotný PatrikAbstract:Velezrada a vlastizrada v historii českého práva Klíčová slova Velezrada, vlastizrada, historie Abstrakt Diplomová práce na téma "Velezrada a vlastizrada v historii českého práva" pojednává o dvou, na první pohled podobných si, institutech ústavního a trestního práva. Předmětné pojmy se v historii českého práva poměrně hojně vyskytují a jejich význam a definice několikrát prošly výraznou proměnou. Tato práce si tak mimo jiné klade za cíl podat podrobný popis historického vývoje obou institutů vzájemně se ovlivňujících právních odvětví. Z historicky-popisné části pak vychází druhý obsahový celek, a to právní komparace velezrady a vlastizrady buďto uvnitř, nebo napříč příslušnými právními odvětvími. Na samotném konci práce vychází z dosavadních poznatků kapitola, jejímž předmětem je porovnání obou předmětných pojmů v současném českém a rakouském právním řádu. Pro první z cílů diplomové práce - historický popis velezrady a vlastizrady jsou důležité dějinné události a související úprava dobových právních předpisů, stejně tak jako proměnlivá politická kultura nebo mocenská poptávka po uzákonění právních nástrojů na potlačení konkurence. Jednotlivé kapitoly pojednávající o minulých dobách, ale i kapitoly zabývající se současnou právní úpravou popisují všechny význačné skutečnosti, týkající se tématu diplomové...High Treason and Treason against the Homeland in the History of Czech Law Key words High Treason, Treason, History Abstract The diploma thesis "High Treason and Treason against the Homeland in the History of Czech Law" deals with two constitutional and criminal law institutes, which seem similar at first glance. These notions have appeared relatively abundantly in the history of Czech law and their meaning and definition have undergone several significant changes. Hence, the objective of this study is to provide, inter alia, a sufficiently detailed description of the historical development of both institutes in these intertwined branches of law. The descriptive historical part constitutes the basis for the second comprehensive part, a legal comparison between high Treason and Treason against the homeland either in each of the relevant branches or across them. The final chapter of the thesis, which is based on current knowledge, makes a comparison between these notions in the present Czech and Austrian law. The factors relevant for the first of the objectives of this diploma thesis - a historical description of high Treason and Treason against the homeland - are historical events and the related laws, as well as the changing political culture or the demand of those in power for the enactment of legal...Department of Legal HistoryKatedra právních dějinPrávnická fakultaFaculty of La
-
Treason and high Treason in czech legal history
2019Co-Authors: Novotný PatrikAbstract:High Treason and Treason against the Homeland in the History of Czech Law Key words High Treason, Treason, History Abstract The diploma thesis "High Treason and Treason against the Homeland in the History of Czech Law" deals with two constitutional and criminal law institutes, which seem similar at first glance. These notions have appeared relatively abundantly in the history of Czech law and their meaning and definition have undergone several significant changes. Hence, the objective of this study is to provide, inter alia, a sufficiently detailed description of the historical development of both institutes in these intertwined branches of law. The descriptive historical part constitutes the basis for the second comprehensive part, a legal comparison between high Treason and Treason against the homeland either in each of the relevant branches or across them. The final chapter of the thesis, which is based on current knowledge, makes a comparison between these notions in the present Czech and Austrian law. The factors relevant for the first of the objectives of this diploma thesis - a historical description of high Treason and Treason against the homeland - are historical events and the related laws, as well as the changing political culture or the demand of those in power for the enactment of legal..
Peter Charles Hoffer - One of the best experts on this subject based on the ideXlab platform.
-
the Treason trials of aaron burr
2008Co-Authors: Peter Charles HofferAbstract:Aaron Burr was an enigma even in his own day. Founding father and vice president, he engaged in a duel with Alexander Hamilton resulting in a murder indictment that effectively ended his legal career. And when he turned his attention to entrepreneurial activities on the frontier he was suspected of empire building - and worse.Burr was finally arrested as a threat to national security, under suspicion of fomenting insurrection against the young republic, and then held without bail for months. His trial, witnessing the unfortunate intrusion of partisan politics and personal animosity into the legal process, revolved around a highly contentious debate over the constitutional meaning of Treason.In the first book dedicated to this important case, Peter Charles Hoffer unveils a cast of characters ensnared by politics and law at the highest levels of government, including President Thomas Jefferson - one of Burr's bitterest enemies - and Chief Justice John Marshall, no fan of either Burr or Jefferson. Hoffer recounts how Jefferson's prosecutors argued that the mere act of discussing an "overt Act of War" - the constitution's definition of Treason - was tantamount to committing the act. Marshall, however, ruled that without the overt act, no Treasonable action had occurred and neither discussion nor conspiracy could be prosecuted. Subsequent attempts to convict Burr on violations of the Neutrality Act failed as well.A fascinating excursion into the early American past, Hoffer's narrative makes it clear why the high court's ultimate finding was so foundational that it has been cited as precedent 383 times. Along the way, Hoffer expertly unravels the tale's major themes: attempts to redefine Treason in times of crisis, efforts to bend the law to political goals, the admissibility of evidence, the vulnerability of habeas corpus, and the reach of executive privilege. He also proposes an original and provocative explanation for Burr's bizarre conduct that will provide historians with new food for thought.Deftly linking politics to law, Hoffer's highly readable study resonates with current events and shows us why the issues debated two centuries ago still matter today.
Mischa Jayne. Rose - One of the best experts on this subject based on the ideXlab platform.
-
Malory's Morte Darthur and the idea of Treason.
1992Co-Authors: Mischa Jayne. RoseAbstract:This study argues that Treason is understood as a breach of allegiance in medieval popular tradition as well as in legal definitions of the crime in Roman, Anglo-Saxon, military, and medieval French and English law. The scope of Treason in Malory's Morte Darthur owes much to the crimes of Treason in military, English, and archaic French law. But Malory also reflects extra-legal acts of Treason such as adultery. He synthesises from these diverse laws and ideas a reasonably consistent body of pseudo-historical custom, which contributes to his Arthurian society's material plausibility and realism. Malory's treatment of the traitor is greatly indebted to extralegal thought, most notably in that his traitors are evaluated in terms of their motivations and ethical characters as well as their culpability of objective traitorous acts. Malice, mortal sin, unnatural tendencies and repeated Treasons characterise the traitor as villain: the traitor as hero is depicted as fundamentally virtuous, non-malicious, and generally commits one Treason only with the best of motivations. Treason, however, always involves sin, and in the last three tales Malory begins to acknowledge that Treason therefore implies a crime against God as well as society. Infidelity to God in the last two tales is expressed through the coinciding Treasons, disloyalties and overvalued worldly loyalties of Malory's characters, and these, regardless of the moral intentions of the perpetrators, bring about the downfall of the Arthurian kingdom. The fall of the nation can be interpreted as a retribution for the characters' sins against God which leads the surviving members to realign their allegiances and embrace heavenly chivalry and the religious life in recognition of and in penance for their previous misdeeds.
Ryan Muckerheide - One of the best experts on this subject based on the ideXlab platform.
-
The English Law of Treason in Malory's Le Morte Darthur
Arthuriana, 2010Co-Authors: Ryan MuckerheideAbstract:Malory's depictions of Treason, especially in the 'Poisoned Apple' episode, are informed by authentic, if somewhat outdated, legal practice. (RM) The specific actions that constituted Treason in Thomas Malory's England were often different than they were a hundred years earlier and certainly more broad in scope than they are today. The medieval English law of Treason encompassed, in fact, acts that a modern lawyer would not immediately recognize as Treason. Frederick Pollock and Frederic William Maitland, authors of The History of English Law Before the Time of Edward I, write, 'Treason is a crime which has a vague circumference, and more than one centre. In the first place, there is the centre that is to this day primarily indicated by the word betray. . . . The bond of fealty is another centre.'1 Malory mentions Treason many times in the Morte, and indeed, it is part of the Pentecostal Oath: 'never to do outerage nothir mourthir, and allwayes to fle treson' (1.120.17-27).2 In the 'Tale of Balin,' being free of Treason is part of the definition of the best knight, given by the damsel who comes to Arthur's court wearing a sword: 'for I may nat be delyverde of thys swerde but by a knyght, and he muste be a passynge good man of hys hondys and of hys dedis, and withoute velony other trechory and withoute treson' (1.61.33-62.2). When Malory mentions Treason, he almost always means a form of betrayal, which is a very serious matter in a society defined by fellowship. However, in a few select instances, most notably the 'Poisoned Apple' episode, Malory uses the statutory law of Treason to contrast the more noble and chivalric age of Arthur with his own, to emphasize how the law can be used to reinforce or undermine the fellowship, and to add an element of veracity to his work. One text in particular, a late thirteenth-century legal treatise known as Britton, provides a definition of Treason that anticipates Malory's usage. Britton serves to provide Malory with precedent-a legally-accepted definition of Treason that fits his conception of a more ancient, chivalric time. Malory was more thoroughly versed in the law than is widely believed, and this opens up exciting new lines of investigation. Using Britton and other legal texts to which Malory would likely have had access, Malory's use of Treason can be shown to reinforce the temporal setting of his story, and to emphasize the severity of the danger and the damage that a betrayal of the fellowship could bring. The definition of Treason, as might be expected, varied depending on place and date, but it almost invariably involved a betrayal of someone to whom the betrayer owed some form of loyalty. By the early fourteenth century, 'all the more serious crimes had come to be regarded as offences against the king's peace, his crown, and dignity.'3 This expansion could happen because, until the mid fourteenth century, Treason was 'one of the . . . few crimes whose scope was extended by "construction"'4-that is, a judge could interpret the laws because 'the texts had no special authority in themselves.'5 In the twenty-first century, such behavior might be dubbed 'judicial activism,' and judges would be criticized for legislating from the bench, but this was standard practice in medieval England. J.H. Baker notes one instance from 1312 in which a justice 'interpreted a statute by reading in words which were not there, on the footing that the draftsman had negligently omitted to express what was meant.'6 Edmund Plowden, a lawyer and legal scholar, writes in 1571, 'It is not the words of the law but the internal sense of it that are the law.'7 Any crime that touched upon the king or the welfare of the kingdom in any way-even remotely-could thus be defined as Treason. This led, understandably, to a profusion of Treasonable crimes and a great deal of confusion. Further, pressure from above would occasionally be placed on the justices to define a particular offense as Treason because the 'vagueness of the offence made it a valuable political weapon. …
