13 resultados para Innocent infringement

em QUB Research Portal - Research Directory and Institutional Repository for Queen's University Belfast


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This article offers a fresh consideration of Elizabeth Gaskell's unfinished Wives and Daughters (1864–6), in terms of what this metropolitan novelist knew about contemporary scientific debates and imperial exploration of Africa, and how her familiarity with these discourses was incorporated into her imaginative work. Her focus for these two related themes is the naturalist Roger Hamley, whose character and exploits are meant to parallel those of the young Charles Darwin. Roger's direct involvement in the historical Geoffroy–Cuvier debate allows Gaskell to offer a sophisticated examination of how discussions about evolutionary biology (about which she learned from personal acquaintances and printed sources) contributed to political and social change in the era of the first Reform Bill. Roger's subsequent journey to Abyssinia to gather specimens allows Gaskell to form a link between science and imperial exploration, which demonstrates how, when carried to its conclusion, the development of classificatory knowledge systems was never innocent; rather, it facilitated colonial exploitation and intervention, which allowed for the ‘opening up of Africa’. Gaskell's pronouncements about science in the novel are far more explicit than her brief references to empire; the article ponders why this should be so, and offers some suggestions about how her reliance on imaginative and discursive constructs concerning the ‘Dark Continent’ may be interpreted as tacit complicity with the imperial project, or at least an interest in its more imaginative aspects.

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This Account describes experimental data used to understand the structure of ionic liquids and solute-solvent interactions of both molecular solutes and dissolved metal complexes. In general, the structures of the ionic liquids determined from experimental data show good agreement with both simulated structures and solid-state structures. For all ionic liquids studied, strong charge ordering is found leading to long-range order even in the presence of a solute. For dissolved metal complexes, the ionic liquid is not innocent and a clear dependence on the speciation is observed with variations in both the cation and anion.

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Historians of Ireland have devoted considerable attention to the Presbyterian origins of modern Irish republicanism in the 1790s and their overwhelming support for the Union with Great Britain in the 1880s. On the one hand, it has been argued that conservative politics came to dominate nineteenth-century Presbyterianism in the form of Henry Cooke who combined conservative evangelical religion with support for the established order. On the other hand, historians have long acknowledged the continued importance of liberal and radical impulses amongst Presbyterians. Few historians of the nineteenth century have attempted to bring these two stories together and to describe the relationship between the religion and politics of Presbyterians along the lines suggested by scholars of Presbyterian radicalism in the last quarter of the eighteenth century. This article argues that a distinctive form of Presbyterian evangelicalism developed in the nineteenth century that sought to bring the denomination back to the theological and spiritual priorities of seventeenth-century Scottish and Irish Presbyterianism. By doing so, it encouraged many Presbyterians to get involved in movements for reform and liberal politics. Supporters of ‘Covenanter Politics’ utilised their denominational principles and traditions as the basis for political involvement and as a rhetoric of opposition to Anglican privilege and Catholic tyranny. These could be the prime cause of Presbyterian opposition to the infringement of their rights, such as the marriage controversy and the Disruption of the Church of Scotland in the early 1840s, and they could also be employed as a language of opposition in response to broader social and political developments, such as the demands for land reform stimulated by the agricultural depression that accompanied the Famine. Despite their opposition to ascendancy, however, the Covenanter Politics of Presbyterian Liberals predisposed them towards pan-protestant unionism against the threat of ‘Rome Rule’.

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The new complexes [NEt3H][M(HL)(cod)] (M = Rh 1 or Ir 2; H3L = 2,6-dioxo-1,2,3,6-tetrahydropyrimidine-4-carboxylic acid, erotic acid; cod = cycloocta-1,5-diene) have been prepared by the reaction between [M2Cl2(cod)(2)] and erotic acid in dichloromethane in the presence of Ag2O and NEt3. They crystallise as dichloromethane adducts 1 . CH2Cl2 and 2 . CH2Cl2 from dichloromethane-hexane solutions. These isomorphous structures contain doubly hydrogen-bonded dimers, with additional hydrogen bonding to NEt3H+ cations and bridging CH2Cl2 molecules to form tapes. The use of (NBu4OH)-O-n instead of NEt3 gave the related complex [NBu4n][Rh(HL)(cod)] 1' which has an innocent cation not capable of forming strong hydrogen bonds and in contrast to 1 exists as discrete doubly hydrogen-bonded dimers. Complex 1' cocrystallises with 2,6-diaminopyridine (dap) via complementary triple hydrogen bonds to give [NBu4n][Rh(HL)(cod)]. dap . CH2Cl2 3. Complex 3 exhibits an extended sheet structure of associated [2 + 2] units, with layers of NBu4n, cations separating the sheets. These structural data together with those reported previously for platinum orotate complexes suggest that the steric requirements of the other ligands co-ordinated to the metal are important in influencing their hydrogen-bonding abilities. The solvent of crystallisation, the hydrogen-bonding propensity of the coligand and the nature of the counter ion also determine the type of association in the solid state.

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Examines the extent to which the approach of the EU and UK courts towards the enforcement of trade mark rights is contrary to the public interest in the sense that it diminishes non-commercial interests and the freedom of expression. Comments on the European Court of Justice ruling in Arsenal Football Club Plc v Reed (C-206/01) on whether the trade mark rights over the name ARSENAL prevented its use on unofficial merchandise as a sign of club affiliation. Assesses the sufficiency of the infringement exceptions provided by Directive 2008/95 (Trade Mark Directive) art.6.

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The right to be presumed innocent until proven guilty has been described as the 'golden thread' running through the web of the English criminal law and a 'fundamental postulate' of Irish criminal law which enjoys constitutional protection. The purpose of this book is to consider whether the reality matches the rhetoris surrounding this central precept of our criminal law and to consider its efficacy in light of recent legislative innovations.

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The answer to the question of what it means to say that a right is absolute is often taken for granted, yet still sparks doubt and scepticism. This article investigates absoluteness further, bringing rights theory and the judicial approach on an absolute right together. A theoretical framework is set up that addresses two distinct but potentially related parameters of investigation: the first is what I have labelled the ‘applicability’ criterion, which looks at whether and when the applicability of the standard referred to as absolute can be displaced, in other words whether other considerations can justify its infringement; the second parameter, which I have labelled the ‘specification’ criterion, explores the degree to which and bases on which the content of the standard characterised as absolute is specified. This theoretical framework is then used to assess key principles and issues that arise in the Strasbourg Court’s approach to Article 3. It is suggested that this analysis allows us to explore both the distinction and the interplay between the two parameters in the judicial interpretation of the right and that appreciating the significance of this is fundamental to the understanding of and discourse on the concept of an absolute right.

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The European desire to ensure that bearers of EU rights are adequately compensated for any infringement of these rights, particularly in cases where the harm is widely diffused, and perhaps not even noticed by those affected by it, collides with another desire: to avoid the perceived excesses of an American-style system of class actions. The excesses of these American class actions are in European discourse presented as a sort of bogeyman, which is a source of irrational fear, often presented by parental or other authority figures. But when looked at critically, the bogeyman disappears. In this paper, I examine the European (and UK) proposals for collective action. I compare them to the American regime. The flaws and purported excesses of the American regime, I argue, are exaggerated. A close, objective examination of the American regime shows this. I conclude that it is not the mythical bogeyman of a US class action that is the barrier to effective collective redress; rather, the barriers to effective, wide-ranging group actions lie within European legal culture and traditions, particularly those mandating individual control over litigation.

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Reparations have been often used victim-centred measures to redress both private harm and gross violations of human rights. However, with the increasing occurrence of internal armed conflict and political violence, identities of victims and perpetrators in protracted conflicts can become blurred for some individuals. In countries like Peru and Northern Ireland that have suffered protracted violence, victimhood has been contested around which individuals are seen as innocent and deserving to exclude any members of non-state armed groups from claiming reparations. This article explores the issue of a proposed bill on a pension for injured victims of the Troubles in Northern Ireland. It identifies that there is no consistent state practice or human rights jurisprudence in this area, but instead offers a more complex approach through four models that can grapple with the seeming diametrically opposed victimhood and responsibility, by including victimised-perpetrators in reparations programmes such as that proposed for a pension of seriously injured victims in Northern Ireland.

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This case marks the first occasion, following the passage of the Statute of Anne 1710 (uk_1710), on which a living author sought to prevent the infringement of his own copyright before the courts, as well as the first time on which a ‘perpetual' injunction was granted to prevent the further unauthorised reproduction of the work.
The commentary describes the circumstances which led Gay to publish the work himself, by subscription, as well as the success he enjoyed (albeit posthumously) in preventing unauthorised versions of the work from being published. That a ‘perpetual' injunction was granted at the conclusion of the litigation was subsequently interpreted, by advocates of common law copyright, to suggest that, regardless of the Statute of Anne, the Lord Chancellor considered copyright to be a perpetual right.

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Case in which the King's Bench decided that a plaintiff could recover damages at common law for copyright infringement even though his work had not been registered with the Stationers' Company in accordance with the formalities set out in the Statute of Anne 1710 (uk_1710).
The case provides the first occasion on which the judiciary revisited and reconsidered the meaning of the House of Lords' decision in Donaldson v. Becket (uk_1774). The commentary explores the substance and significance of the decision and, in particular, the influence it had upon the manner in which the decision in Donaldson was subsequently understood throughout the early nineteenth century. The commentary also details the impact the decision had upon the extent to which publishers would adhere to the library deposit provision within the copyright legislation.