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1

Bartoszewicz, Anna. "UZNANIE ZA ZMARŁEGO I STWIERDZENIE ZGONU (GENEZA, ROZWÓJ INSTYTUCJI I POSTĘPOWANIA)." Zeszyty Prawnicze 7, no. 2 (2017): 147. http://dx.doi.org/10.21697/zp.2007.7.2.05.

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The Origins and Development of the Law on the Presumption of Death and Declarations of DeathSummaryThe article presents the history of the presumption of death and declaration of death. It provides an insight into the relevant concepts of the Roman law as well as chosen examples of the laws of the ancient Middle East. It also focuses on the Polish and foreign laws which were in force on the historically Polish territory during the period of the country’s loss of independence (1795-1918). It identifies the origins of the presumption of death and declaration of death in the Polish law and examines their development (including the relevant civil procedurę provisions) until 1964, when the present civil code and civil procedurę code came into force.By presenting and comparing the laws governing the presumption of death and declarations of death, the author highlights the different approaches of the laws that applied at the time of the loss of independence: those of Prussia, Russia, Austria and the Polish Kingdom, as well as the law in effect in the Grand Duchy of Warsaw. The article also considers the extent to which the laws introduced after Poland regained independence in 1918 were influenced by the foreign regimes previously in force.The gradual developments in the law following the Second World War are presented against the background of the major changes in Polish civil law over the same period, which occurred mainly via the codifications of the law in the civil code and the civil procedure code.
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YABLOCHKOV, T. M. "THE CONCEPT OF VIS MAJOR IN CIVIL LAW." Civil Law Review 18, no. 3 (2018): 202–37. http://dx.doi.org/10.24031/1992-2043-2018-18-3-202-237.

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Perry, Diana. "Paridis de Puteo: A Fifteenth-Century Civilian’s Concept of Papal Sovereignty." Studies in Church History. Subsidia 9 (1987): 369–92. http://dx.doi.org/10.1017/s0143045900002052.

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Sovereignty—suprema potestas—in the later Middle Ages was not blessed with Austinian simplicity: it was a complex and contradictory thing. Held by the ecclesiastical and lay powers, held by pope, emperor, king, and city-state, few populi were subjected to one authority alone. Not only did there exist a hierarchy of sovereign powers in the Western community, de iure and de facto, but the suprema potestas was in itself limited. It was the extent of this limitation and the degree of sovereignty possessed by the various governments which exercised, to a very large extent, the minds of later medieval and Renaissance jurists. A major reordering of the relationship between the spiritual and secular authorities was occasioned with the propounding of the via media by Thomas Aquinas in the thirteenth century. Thomistic doctrine did much to promote and enhance the importance of civil government at the expense of hierocratic theories, but, as Michael Wilks observes in his fundamental study of medieval sovereignty, it proved to be almost as dangerous to the concept of the societas humana as to that of the societas christiana. Quite simply, as long as moral standards were applied to earthly government, political evaluation was forced into the theological sphere, and so, to some degree, into the realm of papal determination. And to Thomistic influences, as Michael Wilks again remarks, the civilians nearly all succumbed. Laying their claims very largely upon the bases of Roman law and Aristotle, legists expounded a profoundly secular philosophy; but the seemingly logical conclusion—logical, that is, to the modern mind—that secular man was freed from the theological order was not reached. The pope retained both a unique degree of dignitas and a superior degree of authority; he was head of the populus christiana, and this awesome position bestowed upon him certain ultimate rights and responsibilities in the affairs of secular corpora, even though these corpora were sovereign entities. In other words, papal sovereignty, although increasingly restricted and relegated to the realm of theory as the early modern State evolved, none the less remained a potent force; indeed, as it will be seen, in a particular aspect it fulfilled for the jurist a critical need of the young State.
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van Caenegem, Raoul. "The modernity of medieval law." European Review 8, no. 1 (2000): 37–53. http://dx.doi.org/10.1017/s1062798700004531.

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Medieval lawsuits from the highest courts of England and France show the concern of authorities for even minor issues involving ordinary people – a democratic and modern trait. In comparing the English Court of Common Pleas to the Parlement of Paris, it can be seen that classical Roman law made a great impact on France, while the English Court ignored Roman law and applied English customary law and acts of Parliament. The Parlement of Paris also had to apply local customs, but its judges had all studied Roman and no customary law at the university; however, for political reasons they were not allowed to refer openly to the Roman law in which they had been educated. The jury was a major medieval contribution to modern democratic thinking, as was the political idea that matters concerning the whole community ought to be decided by all its members. The American power-sharing system, between President and Congress, continues the late medieval balance between King and Parliament. English common law was one of the great creations of the Middle Ages and the only system of comparable importance is continental civil law (with Germanic and Roman roots). This paper considers the chances of the elaboration in the 21st century of a common European law combining elements from both traditions.
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Szczygielski, Krzysztof. "ROMANISTYKA POLSKA W LATACH 1918-1945 (PRZEGLĄD BIBLIOGRAFII)." Zeszyty Prawnicze 10, no. 2 (2016): 355. http://dx.doi.org/10.21697/zp.2010.10.2.22.

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ROMAN LAW STUDIES IN POLAND IN THE YEARS 1918-1945 (REVIEW OF BIBLIOGRAPHY) Summary In Roman law studies in Poland there is no complete list of the works published in the years 1918-1945 by scholars dealing with Roman law. The scientific output of the Polish researchers was presented by Rafał Taubenschlag in the article, Gli studi di diritto romano in Polonia nel secolo XX, [in:] Gli Studi Romani nel Mondo, volume III, Roma 1936, p. 247-268, but he focused mainly on discussing the major works. An attempt to show the achievements of Roman law studies in Poland on a comprehensive basis was undertaken by Juliusz Wisłocki, Dzieje nauki prawa rzymskiego w Polsce, Warsaw 1945, but his study is highly incomplete. The analysed period witnessed the emergence of lots of valuable works concerning the history and the institutions of Roman law in the form of monographs, articles published in many domestic and foreign periodicals, studies on particular occasions, encyclopedic dictionaries and reports on the activities of scientific societies. The problems related to the law of the ancient Rome were dealt with not only by the Roman law researchers but also by legal historians and classical philologists. The works were presented according to the following sections: I. General works, textbooks and scripts; II. Ancillary publications; III. History of sources; IV. Civil procedure; V. Law of Persons and legal proceedings; VI. Family law; VII. Law of Property; VIII. Law of Obligations; IX. Law of Succession; X. Criminal law and procedure; XI. Public law; XII. Philosophy of law, methodology and political and legal doctrines; XIII. Importance of the Roman law; XIV. Evaluation of the output of Roman law scholars.
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Bartis, Előd. "A megbízási szerződés szabályozásának történeti vázlata Romániában." Erdélyi Jogélet 3, no. 1 (2020): 5–22. http://dx.doi.org/10.47745/erjog.2020.01.01.

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The study constitutes a brief historical overview of the development of the contract of mandate, as regulated in Romanian law. Firstly, the roots of this contract in antiquity and in Roman law are discussed, and the evolution of its major characteristics are revealed. Subsequently, the author presents the regulations applicable to the contract of mandate under the first modern codifications of Romanian civil law in the Calimach and Caragea codes, the Commercial Code of Wallachia of 1840, the Romanian Civil code of 1864, the Commercial Code of 1887, and the Civil Code of 2009, currently in force. The author presents the major historic evolutions of the Romanian regulation pertinent to the nature of the contract, the parties, their remuneration, the effects of the contract inter partes and towards third persons as well as the changes in regulatory logic from the differentiation of commercial and civil mandate to the unification of the two institutions in the Civil Code of 2009.
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Janku, Martin. "Contractual Penalty and the Right to Payment for Delays Caused by Force Majeure in Czech Civil Law under the New Civil Code." DANUBE: Law and Economics Review 6, no. 4 (2015): 259–69. http://dx.doi.org/10.1515/danb-2015-0016.

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Abstract In the context of the conclusion of contracts between entrepreneurs under the Czech Civil Code, it is a relatively common arrangement that the parties disclaim any and all liability for damage arising from non-compliance with contractual obligations, if they can prove that this failure was due to an obstacle independent of their will. This circumstance excluding liability for the damage is called force majeure by the theory. In many countries this circumstance is ruled upon directly by the legislation (höhere Gewalt, vis major). The Czech regulations represented by the new Civil Code of 2012 (CivC), however, contains only a framework provision that mentions discharging reasons. The paper deals with the – rather disputable – issue that the force majeure does not affect the obligation to pay a contractual penalty under the new rules of the CivC. It should be therefore reflected in the arrangements for contractual penalties inter partes. To this effect the paper analyses the concepts of contractual penalties and force majeure in civil law legislation. Afterwards it compares their mutual relationship and impact on the obligations of the Contracting Parties. Finally, it draws recommendations for practice from the perspective of the contracting process.
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Vasiljević, Mirko. "Company law of the twenty-first century." Revija Kopaonicke skole prirodnog prava 3, no. 1 (2021): 51–91. http://dx.doi.org/10.5937/rkspp2101051v.

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Company law, although contractual by its nature, unlike the contract law with low depreciation rate of legal institutes and, in principle, longevity, still has a high depreciation rate and, as a rule, the short duration of its institutes. The reasons for this lie in the fact that the contract law went through "teething troubles" in the previous two centuries, which were marked by major codifications of contract law, as opposed to the company law which is a newer branch of law which was affected by such troubles to a greater extent only in the second half of the twentieth century and it will thus mark to a great extent this, twenty-first century as well. In this paper, the author seeks to predict the main directions of such development of company law in the current (twenty-first) century. It is the understanding of the author that such directions are to be marked by: further strengthening of the institutionality of the company as a legal entity and profiling of legal institutes for protection of this interest and, on that basis, strengthening the so-called system of company social responsability, not only as a policy and moral imperative, but also as a legal category; strenghtening the role of the state regulatory framework in relation to the self-regulatory one with the affirmation of economic freedoms; competition of national regulations and harmonization which is based on that; strengthening civil law institutes in relation to common law institutes in the field of continental law as appropriate to the legal tradition and culture; whithin civil law the takeover of "pure" legal institutes of the Roman or German legal tradition, where they differ, but not mixing them and thus "deteriorating" their nature; seeking the new balance in the relationship between majority capital and minority capital, which prevents the abuse of the majority and the abuse of the minority and which promotes and protects the "interest of a company" as a legal entity; finally, further promoting the principle of arbitrability of intercompany disputes so that the private law will in the choice of the forum for resolving these disputes would be more dominant (prevail) in relation to the public law one.
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Biasi, Marco. "‘We will all laugh at gilded butterflies’. The shadow of antitrust law on the collective negotiation of fair fees for self-employed workers." European Labour Law Journal 9, no. 4 (2018): 354–73. http://dx.doi.org/10.1177/2031952518810640.

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The development of a wide-reaching collective representation for (genuine) self-employment and the collective negotiation of fair fees for independent contractors might often be more dissuasive vis-à-vis scam self-employment than the threat of reclassification. However, case law in both civil and common law jurisdictions showcases how antitrust law can hamper the collective negotiation of workers’ minimum fees. The premise of such a view, which has its roots in the early stage of development of collective bargaining, is that the agreements setting the rates of pay for non-subordinate labour stand as restraints of trade. The author contends that this narrow interpretation of the scope of collective labour law - or rather this extensive view of the scope of antitrust law - is unacceptable. On the one hand, workers who personally carry out their activity cannot be treated as businesses operating on a free market, because they are - akin to the employees - individuals who lack the power to tangibly affect the terms and conditions of their work. For those persons, as the author recalls, collective bargaining have always stood for, even before the binary legal divide between employment and self-employment was drawn. On the other hand, it appears incongruous that a major challenge to the perimeters of collective labour law stems from a formalistic approach to a field of law (antitrust or competition law) which seeks to correct the market asymmetries in the interest of weaker parties, such as smaller businesses, communities and consumers. Ultimately, the author contends that a solution to overcome this legal hurdle cannot be found through a mere change in the interpretation of the existing US and EU competition and labour law rules, which have to be amended by the legislators in accordance with the current social needs.
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Poesche, Jürgen. "Conflict of Ethics: Indigenous Americans and Settler Colonists = Conflicto de ética: Los pueblos indígenas y los colonos en las Américas." EUNOMÍA. Revista en Cultura de la Legalidad, no. 18 (April 1, 2020): 29. http://dx.doi.org/10.20318/eunomia.2020.5262.

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Abstract: The objective of this paper is to develop and present a novel approach to the conflict of ethics on the foundation of legal theory, particularly the legal rules governing conflict of laws. The focus is on the conflict of ethics impacting Indigenous Americans in the context of Occidental settler colonialism in the Americas. This paper contains three major contributions. First, the interplay between Indigenous American concepts categorized as ethics in the Occident and Occidental ethics in a settler colonial context was assessed. Second, Occidental concepts in Roman Law and Saint Thomas Aquinas’ natural law was used to determine the precedence of Indigenous American equivalents to ethics vis-à-vis Occidental ethics in the Americas. Third, rules-based solutions synthetized from conflict of laws in international law were applied to conflict of ethics in the settler colonial context in the Americas.Keywords: Cultural and epistemic racism, decoloniality, indigenous Americans, settler colonialism, sumak kawsay, wakohtowin.Resumen: El objetivo de este artículo es desarrollar y presentar un enfoque novedoso del conflicto de ética sobre la base de la teoría legal, particularmente las reglas legales sobre el conflicto de leyes. La atención se centra en el conflicto de ética que afecta a los indígenas en el contexto del colonialismo en las Américas. Este artículo contiene tres contribuciones principales. Primero, se evaluó la interacción entre los conceptos de los indígenas categorizados como ética en el occidente en el contexto colonial. Segundo, los conceptos occidentales en la ley romana y la ley natural de Santo Tomás de Aquino se usaron para determinar la procedencia de los equivalentes indígenas en las Américas. Tercero, las soluciones basadas en reglas sintetizadas a partir del conflicto de leyes en el derecho internacional se aplicaron al conflicto de ética en el contexto colonial en las Américas.Palabras clave: Racismo cultural y epistémico, descolonialidad, indígenas en las Américas, colonialismo, sumak kawsay, wakohtowin.
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Fernandez, Angela. "Pierson v. Post: A Great Debate, James Kent, and the Project of Building a Learned Law for New York State." Law & Social Inquiry 34, no. 02 (2009): 301–36. http://dx.doi.org/10.1111/j.1747-4469.2009.01148.x.

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Pierson v. Post(1805) has long puzzled legal teachers and scholars. This article argues that the appellate report was the product of the intellectual interests (and schooling) of the lawyers and judges involved in the case. They converted a minor dispute about a fox into a major argument in order to argue from Roman and other civil law sources on how to establish possession in wild animals, effectively crafting an opportunity to create new law for New York State. This article explores the possibility that the mastermind behind this case was the chief justice of the court at the time, James Kent. The question of Kent's involvement in 1805 remains elusive. However, the article uses annotations he made on his copy of the case and discussion ofPierson v. Postin his famousCommentariesto demonstrate the nature of his later interest and to explore the project of building a learned law for New York State.
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Sitek, Bronisław. "‘REMOTIO AB ORDINEM’ WYDALENIE DEKURIONA (RADNEGO) Z ‘ORDO DECURIONUM’ (RADY MIASTA)." Zeszyty Prawnicze 11, no. 1 (2016): 249. http://dx.doi.org/10.21697/zp.2011.11.1.14.

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‘REMOTIO AB ORDINEM’. COUNCILLORS’ (‘DECURIO’) EXPULSION FROM THE CITY COUNCIL (‘ORDO DECURIONUM’) Summary In the light of the Polish law every citizen who has all civil rights can perform a function of a councillor. Polish legislation, with the exception of the requirement of age, does not introduce any further formal requirements for candidates for that office. A councillor needs not to have any professional or moral qualifications. Although there are codes of councillors’ conduct which relate to such values as honesty and integrity, however they do not introduce any sanctions for their violation. Source analysis shows that in the Roman law the major causes of expulsion from the city council include: conducting an immoral life, performing an infamous profession (actual infamy), conviction on the basis of a disgracing civil action (iudicia privata) or a disgracing public action (iudicia publica) and criminal expulsion from the army (missio ignominiosa). To the professions causing infamy were also included such professions as gladiator, actor, herald, gravedigger, or guardian in a theatre. Civil actions disgracing lost party were: fiduciae actio pro socio, actio tutelae, actio mandati. To the disgracing civil actions, but with the tort nature, were also included actio porter, actio iniuriarum and actio lot. Sentencing in the public was always associated with an additional penalty that generated discredit on the honour, or to infamy. The same was in the case of criminal deportation from the army.
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Zięba, Agnieszka. "JÓZEFAT ZIELONACKI ZAPOMNIANY POLSKI ROMANISTA XIX W. SZKIC DO BIOGRAFII." Zeszyty Prawnicze 4, no. 1 (2017): 129. http://dx.doi.org/10.21697/zp.2004.4.1.07.

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Józefat Zielonacki - A Forgotten Polish Romanist of XIX C. An Outline of a BiographySummaryJ. Zielonacki was born on 28 November 1818 in a village called Goniczki, situated the Grand Duchy of Poznan, which belonged to his family.He spent his childhood in his family estate. After completing education in schools in Trzemeszno and Poznan he studied in Berlin, where he graduated in 1845 and conferred a doctor degree (dr) in both laws. In 1848 (or 1849) he was qualified as an assistant professor (dr hab) at Wroclaw University, where he subsequently lectured the Roman law.In 1850 Prof. Zielonacki succeeded to be a head of the Roman law department at the Jagiellonian University.At that time Galicia was in the period of absolutist reaction after the People’s Spring, distinguished by the suppression of civil liberties and a regime of terror. The declaration of a state of siege on 10.01.1849 led to handing over a full authority to Austrian generals, subsequent military commanders of the country, to whose authority - legitimately and in practice - (in these circumstances) the Galician governor - Agenor hr. Goluchowski was - submitted. The University was in practice deprived of its autonomy; all important matters were meticulously directed and supervised by the central authorities in Vienna. Appointments to professorships depended exclusively on the Austrian Ministry of Education, which also examined in detail ‘the political conformity’ of each candidate. Prof. Zielonacki was put up as a candidate by the minister Leon hr. Thun, who wrote in the application to the Emperor about a “great talent” but also “unblemished political attitude” of the candidate.J. Zielonacki lectured the Roman law in Cracow for two years and a half - until the end of December 1852. He was popular amongst the students and was respected amongst scholars as an eminent expert of the Roman law.On 1.01.1853 - without giving any justification, Prof. Zielonacki was removed from the University together with the following Professors: A. Malecki, W. Pol, A. Z. Helcel. The reasons for the dismissal have not been fully explained; at present it is considered as a revenge of the authorities for “the national attitude of the university full of dignity and visible efforts to maintain the Polish character” or even “acts of terror”. The direct reason for dismissing the “inconvenient” Professors was a denunciation against Prof. Malecki and Prof. Pol (and possibly Kremer), which drew the attention of the police to the whole academic environment. The head of the police in Cracow - Carol Neusser - who was commissioned to check the grounds of the denunciation, invigilated all university professors. It was claimed in his report (written on 21.03.1852) that some of the lecturers were particularly dangerous for the authorities. Prof. Zielonacki was described to be an impulsive person, having - “apart from Polish revolutionary tendencies, plenty of Prussian prejudices against Austria”, behaving “always unfriendly” towards the government. Thus, the removal of the professors had a clear political context - no particular accusations were however formulated. After the dismissal from the Jagiellonian University, Prof. Zielonacki was moved to Innsbruck, where he was the head of the Roman law department (until 1855), and afterwards he took over the same post at the Karol University in Prague.In 1857 Prof. Zielonacki, at his own request, was moved to the Lwow University, where he taught Roman law until he retired in 1870.In 1861 he tried to go back to Cracow to take over a vacant post in the Roman Law department but the authorities rejected his candidacy.Prof. Zielonacki made major contributions to the polonization of the Lwow University - he was the first and - for a long time - the only professor lecturing in Polish. In intense disputes with German professors he managed to win the right to use the Polish legal terminology during the lectures, subsequently a right for lectures in Polish, and afterwards to use Polish during exams. Fighting for the polonization of the university had an impact on his professorship career - after he was elected to be the dean of the Law Faculty for the first time for the academic year 1861/61 - he was ostentatiously neglected by his colleagues in elections to this post.Prof. Zielonacki, apart from his work with students, was also active in other areas: between 1867 and 1873 he was a member of the Autrian State Tribunal, and above all an active member of the Science Academy (from 1873 - since it was established). After Prof. Kramers death, from 1875 to 1878, he was a director of the Philosophy and History Faculty and played a significant role in establishing the Commission of Law in the Science Academy.Prof. Zielonacki died in his family estate in Goniczki on 28.04.1884.His scientific output is very ample - he wrote numerous articles and dissertations (in Latin, German and Polish) mainly on possession and usucaption. He is also an author of two monographs on servitudes (Wroclaw 1849) and on possession (Poznan 1854). The latter was also issued in Polish. The work of his lifetime was a two pans manual “Pandekta, i.e. a lecture on the Roman private law as it is the basis of the new laws” published in Polish in Cracow (1862/63, issue II 1870/1871), dedicated to “Polish youth devoting to the legal profession”. This work was greatly appreciated at his times.At present Prof. Zielonacki is groundlessly forgotten. He belonged to the most eminent Romanists of his times, he was an expen in Latin and German literature on the Roman law. He also substantially contributed to the polonization of law teaching. His personage - as an eminent scholar and patriot - it worth recalling.
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Wade, Janet. "'Lock up your valuables': Perceptions of sailors and sea-merchants in port cities of late antiquity and early Byzantium." Journal of the Australian Early Medieval Association 10 (2014): 47–75. http://dx.doi.org/10.35253/jaema.2014.1.3.

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The ongoing presence of sailors and sea-merchants in the major port cities of the late antique and early Byzantine periods made them an important and influential subculture. This paper looks at the range of perceptions of the maritime community that exist in late Roman and early Byzantine sources. Various secular and ecclesiastical attitudes are discussed and compared with relevant sections of the civil and maritime law codes. When sailors, sea-merchants, and other mariners are mentioned by their contemporaries, they are more often than not portrayed in an unfavourable light. The legislation suggests that the negative perception of these men does have some basis in reality, yet the traditional view of these men as unsavoury and dishonest characters needs to be questioned. This paper asks why the ancient sources perceived sailors and sea-merchants in the way that they did. It discusses the social stigma attached to these men, the potential moral threat that they posed, their superstitious nature, and their socially disruptive and subversive behaviour. This paper highlights the reasons why modern scholars have tended to overlook the presence of the maritime community and their sociological importance in major port cities of this period. It argues that the maritime crowd had an integral role in the shaping of the economy, society, and even the church during this period.
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Fleming, Valerie, and Yvonne Robb. "Potential conflicts in midwifery practice regarding conscientious objection to abortions in Scotland." Nursing Ethics 26, no. 2 (2017): 564–75. http://dx.doi.org/10.1177/0969733017708332.

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Background: This study was developed as a result of a court case involving conflicts between midwives’ professional practice and their faith when caring for women undergoing abortions in Scotland. Research questions: What are practising Roman Catholics’ perspectives of potential conflicts between midwives’ professional practice in Scotland with regard to involvement in abortions and their faith? How relevant is the ‘conscience clause’ to midwifery practice today? and What are participants’ understandings of Canon 1398 in relation to midwifery practice? Research design: The theoretical underpinning of this study was Gadamer’s hermeneutic out of which the method developed by Fleming et al. involving a five-stage approach was utilised. Participants and research context: The research was conducted in the south of Scotland. A purposive sampling method was used. Eight participants who were practising Roman Catholics familiar with the subject of conscientious objection who were either midwives, lawyers (civil, canon or both) or priests contributed. Ethical considerations: The major ethical issues related to respect for autonomy, maintaining confidentiality and obtaining voluntary informed consent. Parish priests agreed to act as gatekeepers to prospective participants. All legal requirements were addressed regarding data collection and storage. Approval was given by the ethics committee of the university with which one of the researchers were associated. Findings: Three key themes provide an understanding of the situation in which midwives find themselves when considering the care for a woman admitted for an abortion: competing legal systems, competing views of conscience and limits of participation. Conclusion: Clear guidelines for practice should be developed by a multi-professional and consumer group based on an update of the abortion law to reflect the change from a surgical to medical procedure. Clarification of Canon 1398 in relation to what is and is not participation in the procurement of abortion would be of benefit to midwives with a conscientious objection.
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Ahmad Malik, Bilal. "Philanthropy in Practice: Role of Zakat in the Realization of Justice and Economic Growth." International Journal of Zakat 1, no. 1 (2016): 64–77. http://dx.doi.org/10.37706/ijaz.v1i1.7.

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The entire economic scheme developed under the guiding principles of Shari’ah (Islamic Law) envisages an internally balanced system of economy that neither accepts capitalism nor communism in totality. According to the laws, the realization of justice (a’dl) and wellbeing (falah), i.e., the means to seek blessings of God (fadhl al-Allah), determines its principal objectives (maqasid). Nevertheless, the economic structures adopted by the contemporary Muslim societies, in general, are incoherent with the economic philosophy of Islam. They are practically disconnected from the mechanics and efficiency of Islam’s equity instruments and philanthropic institutions. Consequently, as per Marx’s class conflict theory, economic inequality has spread its roots and traumatized the dynamics of participatory economics, distributive justice, and social equality. Factors such as non-inclusive economics, exploitation as a market principle, and concentration of wealth in few pockets have completely transformed Muslim economies into “capitalist” ones. After conducting critical researches vis-à-vis this paradigm shift in the Muslim world, highbrow Muslim intellectuals have reached to this point that alongside with interest-based means of financial intermediation, non-functionality of philanthropic institutions such zakat and baitulmal has practically divided the society into privileged and deprived classes. The economic advantage of “privileged class” over “deprived class” has become one of the major stumbling blocks in the way of achieving welfare and social justice. Under such vulnerable conditions, it is being argued that “reinstitutionalization” of zakat, both at civil society and state level, is the means to provide socio-economic insurance to those who are otherwise neglected. By facilitating the “constructive channelization” of wealth from “privileged class” to “deprived class”, institution of zakat has the potentiality to overcome the problems like relative deprivation, poverty, illiteracy, unemployment, and so on. In this context, giving of zakat must not be seen merely as a religious obligation; on the contrary, it must be examined in relation to its socio-economic effects. The present research is an attempt to answer the question regarding how reinstitutionalization of zakat can help in the minimization of poverty rate and promotion of socio-economic justice in contemporary “unbalanced” Muslim societies.
 Keywords: Islamic Economics, Zakat, Social Justice, Poverty, Economic Growth
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Stewart, Jon. "Oh Blessed Holy Caffeine Tree: Coffee in Popular Music." M/C Journal 15, no. 2 (2012). http://dx.doi.org/10.5204/mcj.462.

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Introduction This paper offers a survey of familiar popular music performers and songwriters who reference coffee in their work. It examines three areas of discourse: the psychoactive effects of caffeine, coffee and courtship rituals, and the politics of coffee consumption. I claim that coffee carries a cultural and musicological significance comparable to that of the chemical stimulants and consumer goods more readily associated with popular music. Songs about coffee may not be as potent as those featuring drugs and alcohol (Primack; Schapiro), or as common as those referencing commodities like clothes and cars (Englis; McCracken), but they do feature across a wide range of genres, some of which enjoy archetypal associations with this beverage. m.o.m.m.y. Needs c.o.f.f.e.e.: The Psychoactive Effect of Coffee The act of performing and listening to popular music involves psychological elements comparable to the overwhelming sensory experience of drug taking: altered perceptions, repetitive grooves, improvisation, self-expression, and psychological empathy—such as that between musician and audience (Curry). Most popular music genres are, as a result, culturally and sociologically identified with the consumption of at least one mind-altering substance (Lyttle; Primack; Schapiro). While the analysis of lyrics referring to this theme has hitherto focused on illegal drugs and alcoholic beverages (Cooper), coffee and its psychoactive ingredient caffeine have been almost entirely overlooked (Summer). The most recent study of drugs in popular music, for example, defined substance use as “tobacco, alcohol, marijuana, cocaine and other stimulants, heroin and other opiates, hallucinogens, inhalants, prescription drugs, over-the-counter drugs, and nonspecific substances” (Primack 172), thereby ignoring a chemical stimulant consumed by 90 per cent of adult Americans every day (Lovett). The wide availability of coffee and the comparatively mild effect of caffeine means that its consumption rarely causes harm. One researcher has described it as a ubiquitous and unobtrusive “generalised public activity […] ‘invisible’ to analysts seeking distinctive social events” (Cooper 92). Coffee may provide only a relatively mild “buzz”—but it is now accepted that caffeine is an addictive substance (Juliano) and, due to its universal legality, coffee is also the world’s most extensively traded and enthusiastically consumed psychoactive consumer product (Juliano 1). The musical genre of jazz has a longstanding relationship with marijuana and narcotics (Curry; Singer; Tolson; Winick). Unsurprisingly, given its Round Midnight connotations, jazz standards also celebrate the restorative impact of coffee. Exemplary compositions include Burke/Webster’s insomniac torch song Black Coffee, which provided hits for Sarah Vaughan (1949), Ella Fitzgerald (1953), and Peggy Lee (1960); and Frank Sinatra’s recordings of Hilliard/Dick’s The Coffee Song (1946, 1960), which satirised the coffee surplus in Brazil at a time when this nation enjoyed a near monopoly on production. Sinatra joked that this ubiquitous drink was that country’s only means of liquid refreshment, in a refrain that has since become a headline writer’s phrasal template: “There’s an Awful Lot of Coffee in Vietnam,” “An Awful Lot of Coffee in the Bin,” and “There’s an Awful Lot of Taxes in Brazil.” Ethnographer Aaron Fox has shown how country music gives expression to the lived social experience of blue-collar and agrarian workers (Real 29). Coffee’s role in energising working class America (Cooper) is featured in such recordings as Dolly Parton’s Nine To Five (1980), which describes her morning routine using a memorable “kitchen/cup of ambition” rhyme, and Don't Forget the Coffee Billy Joe (1973) by Tom T. Hall which laments the hardship of unemployment, hunger, cold, and lack of healthcare. Country music’s “tired truck driver” is the most enduring blue-collar trope celebrating coffee’s analeptic powers. Versions include Truck Drivin' Man by Buck Owens (1964), host of the country TV show Hee Haw and pioneer of the Bakersfield sound, and Driving My Life Away from pop-country crossover star Eddie Rabbitt (1980). Both feature characteristically gendered stereotypes of male truck drivers pushing on through the night with the help of a truck stop waitress who has fuelled them with caffeine. Johnny Cash’s A Cup of Coffee (1966), recorded at the nadir of his addiction to pills and alcohol, has an incoherent improvised lyric on this subject; while Jerry Reed even prescribed amphetamines to keep drivers awake in Caffein [sic], Nicotine, Benzedrine (And Wish Me Luck) (1980). Doye O’Dell’s Diesel Smoke, Dangerous Curves (1952) is the archetypal “truck drivin’ country” song and the most exciting track of its type. It subsequently became a hit for the doyen of the subgenre, Red Simpson (1966). An exhausted driver, having spent the night with a woman whose name he cannot now recall, is fighting fatigue and wrestling his hot-rod low-loader around hairpin mountain curves in an attempt to rendezvous with a pretty truck stop waitress. The song’s palpable energy comes from its frenetic guitar picking and the danger implicit in trailing a heavy load downhill while falling asleep at the wheel. Tommy Faile’s Phantom 309, a hit for Red Sovine (1967) that was later covered by Tom Waits (Big Joe and the Phantom 309, 1975), elevates the “tired truck driver” narrative to gothic literary form. Reflecting country music’s moral code of citizenship and its culture of performative storytelling (Fox, Real 23), it tells of a drenched and exhausted young hitchhiker picked up by Big Joe—the driver of a handsome eighteen-wheeler. On arriving at a truck stop, Joe drops the traveller off, giving him money for a restorative coffee. The diner falls silent as the hitchhiker orders up his “cup of mud”. Big Joe, it transpires, is a phantom trucker. After running off the road to avoid a school bus, his distinctive ghost rig now only reappears to rescue stranded travellers. Punk rock, a genre closely associated with recreational amphetamines (McNeil 76, 87), also features a number of caffeine-as-stimulant songs. Californian punk band, Descendents, identified caffeine as their drug of choice in two 1996 releases, Coffee Mug and Kids on Coffee. These songs describe chugging the drink with much the same relish and energy that others might pull at the neck of a beer bottle, and vividly compare the effects of the drug to the intense rush of speed. The host of “New Music News” (a segment of MTV’s 120 Minutes) references this correlation in 1986 while introducing the band’s video—in which they literally bounce off the walls: “You know, while everybody is cracking down on crack, what about that most respectable of toxic substances or stimulants, the good old cup of coffee? That is the preferred high, actually, of California’s own Descendents—it is also the subject of their brand new video” (“New Music News”). Descendents’s Sessions EP (1997) featured an overflowing cup of coffee on the sleeve, while punk’s caffeine-as-amphetamine trope is also promulgated by Hellbender (Caffeinated 1996), Lagwagon (Mr. Coffee 1997), and Regatta 69 (Addicted to Coffee 2005). Coffee in the Morning and Kisses in the Night: Coffee and Courtship Coffee as romantic metaphor in song corroborates the findings of early researchers who examined courtship rituals in popular music. Donald Horton’s 1957 study found that hit songs codified the socially constructed self-image and limited life expectations of young people during the 1950s by depicting conservative, idealised, and traditional relationship scenarios. He summarised these as initial courtship, honeymoon period, uncertainty, and parting (570-4). Eleven years after this landmark analysis, James Carey replicated Horton’s method. His results revealed that pop lyrics had become more realistic and less bound by convention during the 1960s. They incorporated a wider variety of discourse including the temporariness of romantic commitment, the importance of individual autonomy in relationships, more liberal attitudes, and increasingly unconventional courtship behaviours (725). Socially conservative coffee songs include Coffee in the Morning and Kisses in the Night by The Boswell Sisters (1933) in which the protagonist swears fidelity to her partner on condition that this desire is expressed strictly in the appropriate social context of marriage. It encapsulates the restrictions Horton identified on courtship discourse in popular song prior to the arrival of rock and roll. The Henderson/DeSylva/Brown composition You're the Cream in My Coffee, recorded by Annette Hanshaw (1928) and by Nat King Cole (1946), also celebrates the social ideal of monogamous devotion. The persistence of such idealised traditional themes continued into the 1960s. American pop singer Don Cherry had a hit with Then You Can Tell Me Goodbye (1962) that used coffee as a metaphor for undying and everlasting love. Otis Redding’s version of Butler/Thomas/Walker’s Cigarettes and Coffee (1966)—arguably soul music’s exemplary romantic coffee song—carries a similar message as a couple proclaim their devotion in a late night conversation over coffee. Like much of the Stax catalogue, Cigarettes and Coffee, has a distinctly “down home” feel and timbre. The lovers are simply content with each other; they don’t need “cream” or “sugar.” Horton found 1950s blues and R&B lyrics much more sexually explicit than pop songs (567). Dawson (1994) subsequently characterised black popular music as a distinct public sphere, and Squires (2002) argued that it displayed elements of what she defined as “enclave” and “counterpublic” traits. Lawson (2010) has argued that marginalised and/or subversive blues artists offered a form of countercultural resistance against prevailing social norms. Indeed, several blues and R&B coffee songs disregard established courtship ideals and associate the product with non-normative and even transgressive relationship circumstances—including infidelity, divorce, and domestic violence. Lightnin’ Hopkins’s Coffee Blues (1950) references child neglect and spousal abuse, while the narrative of Muddy Waters’s scorching Iodine in my Coffee (1952) tells of an attempted poisoning by his Waters’s partner. In 40 Cups of Coffee (1953) Ella Mae Morse is waiting for her husband to return home, fuelling her anger and anxiety with caffeine. This song does eventually comply with traditional courtship ideals: when her lover eventually returns home at five in the morning, he is greeted with a relieved kiss. In Keep That Coffee Hot (1955), Scatman Crothers supplies a counterpoint to Morse’s late-night-abandonment narrative, asking his partner to keep his favourite drink warm during his adulterous absence. Brook Benton’s Another Cup of Coffee (1964) expresses acute feelings of regret and loneliness after a failed relationship. More obliquely, in Coffee Blues (1966) Mississippi John Hurt sings affectionately about his favourite brand, a “lovin’ spoonful” of Maxwell House. In this, he bequeathed the moniker of folk-rock band The Lovin’ Spoonful, whose hits included Do You Believe in Magic (1965) and Summer in the City (1966). However, an alternative reading of Hurt’s lyric suggests that this particular phrase is a metaphorical device proclaiming the author’s sexual potency. Hurt’s “lovin’ spoonful” may actually be a portion of his seminal emission. In the 1950s, Horton identified country as particularly “doleful” (570), and coffee provides a common metaphor for failed romance in a genre dominated by “metanarratives of loss and desire” (Fox, Jukebox 54). Claude Gray’s I'll Have Another Cup of Coffee (Then I’ll Go) (1961) tells of a protagonist delivering child support payments according to his divorce lawyer’s instructions. The couple share late night coffee as their children sleep through the conversation. This song was subsequently recorded by seventeen-year-old Bob Marley (One Cup of Coffee, 1962) under the pseudonym Bobby Martell, a decade prior to his breakthrough as an international reggae star. Marley’s youngest son Damian has also performed the track while, interestingly in the context of this discussion, his older sibling Rohan co-founded Marley Coffee, an organic farm in the Jamaican Blue Mountains. Following Carey’s demonstration of mainstream pop’s increasingly realistic depiction of courtship behaviours during the 1960s, songwriters continued to draw on coffee as a metaphor for failed romance. In Carly Simon’s You’re So Vain (1972), she dreams of clouds in her coffee while contemplating an ostentatious ex-lover. Squeeze’s Black Coffee In Bed (1982) uses a coffee stain metaphor to describe the end of what appears to be yet another dead-end relationship for the protagonist. Sarah Harmer’s Coffee Stain (1998) expands on this device by reworking the familiar “lipstick on your collar” trope, while Sexsmith & Kerr’s duet Raindrops in my Coffee (2005) superimposes teardrops in coffee and raindrops on the pavement with compelling effect. Kate Bush’s Coffee Homeground (1978) provides the most extreme narrative of relationship breakdown: the true story of Cora Henrietta Crippin’s poisoning. Researchers who replicated Horton’s and Carey’s methodology in the late 1970s (Bridges; Denisoff) were surprised to find their results dominated by traditional courtship ideals. The new liberal values unearthed by Carey in the late 1960s simply failed to materialise in subsequent decades. In this context, it is interesting to observe how romantic coffee songs in contemporary soul and jazz continue to disavow the post-1960s trend towards realistic social narratives, adopting instead a conspicuously consumerist outlook accompanied by smooth musical timbres. This phenomenon possibly betrays the influence of contemporary coffee advertising. From the 1980s, television commercials have sought to establish coffee as a desirable high end product, enjoyed by bohemian lovers in a conspicuously up-market environment (Werder). All Saints’s Black Coffee (2000) and Lebrado’s Coffee (2006) identify strongly with the culture industry’s image of coffee as a luxurious beverage whose consumption signifies prominent social status. All Saints’s promotional video is set in a opulent location (although its visuals emphasise the lyric’s romantic disharmony), while Natalie Cole’s Coffee Time (2008) might have been itself written as a commercial. Busting Up a Starbucks: The Politics of Coffee Politics and coffee meet most palpably at the coffee shop. This conjunction has a well-documented history beginning with the establishment of coffee houses in Europe and the birth of the public sphere (Habermas; Love; Pincus). The first popular songs to reference coffee shops include Jaybird Coleman’s Coffee Grinder Blues (1930), which boasts of skills that precede the contemporary notion of a barista by four decades; and Let's Have Another Cup of Coffee (1932) from Irving Berlin’s depression-era musical Face The Music, where the protagonists decide to stay in a restaurant drinking coffee and eating pie until the economy improves. Coffee in a Cardboard Cup (1971) from the Broadway musical 70 Girls 70 is an unambiguous condemnation of consumerism, however, it was written, recorded and produced a generation before Starbucks’ aggressive expansion and rapid dominance of the coffee house market during the 1990s. The growth of this company caused significant criticism and protest against what seemed to be a ruthless homogenising force that sought to overwhelm local competition (Holt; Thomson). In response, Starbucks has sought to be defined as a more responsive and interactive brand that encourages “glocalisation” (de Larios; Thompson). Koller, however, has characterised glocalisation as the manipulative fabrication of an “imagined community”—whose heterogeneity is in fact maintained by the aesthetics and purchasing choices of consumers who make distinctive and conscious anti-brand statements (114). Neat Capitalism is a more useful concept here, one that intercedes between corporate ideology and postmodern cultural logic, where such notions as community relations and customer satisfaction are deliberately and perhaps somewhat cynically conflated with the goal of profit maximisation (Rojek). As the world’s largest chain of coffee houses with over 19,400 stores in March 2012 (Loxcel), Starbucks is an exemplar of this phenomenon. Their apparent commitment to environmental stewardship, community relations, and ethical sourcing is outlined in the company’s annual “Global Responsibility Report” (Vimac). It is also demonstrated in their engagement with charitable and environmental non-governmental organisations such as Fairtrade and Co-operative for Assistance and Relief Everywhere (CARE). By emphasising this, Starbucks are able to interpellate (that is, “call forth”, “summon”, or “hail” in Althusserian terms) those consumers who value environmental protection, social justice and ethical business practices (Rojek 117). Bob Dylan and Sheryl Crow provide interesting case studies of the persuasive cultural influence evoked by Neat Capitalism. Dylan’s 1962 song Talkin’ New York satirised his formative experiences as an impoverished performer in Greenwich Village’s coffee houses. In 1995, however, his decision to distribute the Bob Dylan: Live At The Gaslight 1962 CD exclusively via Starbucks generated significant media controversy. Prominent commentators expressed their disapproval (Wilson Harris) and HMV Canada withdrew Dylan’s product from their shelves (Lynskey). Despite this, the success of this and other projects resulted in the launch of Starbucks’s in-house record company, Hear Music, which released entirely new recordings from major artists such as Ray Charles, Paul McCartney, Joni Mitchell, Carly Simon and Elvis Costello—although the company has recently announced a restructuring of their involvement in this venture (O’Neil). Sheryl Crow disparaged her former life as a waitress in Coffee Shop (1995), a song recorded for her second album. “Yes, I was a waitress. I was a waitress not so long ago; then I won a Grammy” she affirmed in a YouTube clip of a live performance from the same year. More recently, however, Crow has become an avowed self-proclaimed “Starbucks groupie” (Tickle), releasing an Artist’s Choice (2003) compilation album exclusively via Hear Music and performing at the company’s 2010 Annual Shareholders’s Meeting. Songs voicing more unequivocal dissatisfaction with Starbucks’s particular variant of Neat Capitalism include Busting Up a Starbucks (Mike Doughty, 2005), and Starbucks Takes All My Money (KJ-52, 2008). The most successful of these is undoubtedly Ron Sexsmith’s Jazz at the Bookstore (2006). Sexsmith bemoans the irony of intense original blues artists such as Leadbelly being drowned out by the cacophony of coffee grinding machines while customers queue up to purchase expensive coffees whose names they can’t pronounce. In this, he juxtaposes the progressive patina of corporate culture against the circumstances of African-American labour conditions in the deep South, the shocking incongruity of which eventually cause the old bluesman to turn in his grave. Fredric Jameson may have good reason to lament the depthless a-historical pastiche of postmodern popular culture, but this is no “nostalgia film”: Sexsmith articulates an artfully framed set of subtle, sensitive, and carefully contextualised observations. Songs about coffee also intersect with politics via lyrics that play on the mid-brown colour of the beverage, by employing it as a metaphor for the sociological meta-narratives of acculturation and assimilation. First popularised in Israel Zangwill’s 1905 stage play, The Melting Pot, this term is more commonly associated with Americanisation rather than miscegenation in the United States—a nuanced distinction that British band Blue Mink failed to grasp with their memorable invocation of “coffee-coloured people” in Melting Pot (1969). Re-titled in the US as People Are Together (Mickey Murray, 1970) the song was considered too extreme for mainstream radio airplay (Thompson). Ike and Tina Turner’s Black Coffee (1972) provided a more accomplished articulation of coffee as a signifier of racial identity; first by associating it with the history of slavery and the post-Civil Rights discourse of African-American autonomy, then by celebrating its role as an energising force for African-American workers seeking economic self-determination. Anyone familiar with the re-casting of black popular music in an industry dominated by Caucasian interests and aesthetics (Cashmore; Garofalo) will be unsurprised to find British super-group Humble Pie’s (1973) version of this song more recognisable. Conclusion Coffee-flavoured popular songs celebrate the stimulant effects of caffeine, provide metaphors for courtship rituals, and offer critiques of Neat Capitalism. Harold Love and Guthrie Ramsey have each argued (from different perspectives) that the cultural micro-narratives of small social groups allow us to identify important “ethnographic truths” (Ramsey 22). Aesthetically satisfying and intellectually stimulating coffee songs are found where these micro-narratives intersect with the ethnographic truths of coffee culture. 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