Patrilines,surnames, and family identity:

The Imperial decrees emancipating the serfs of the Russian Baltic provinces (1816–1820) included the requirement that serfs, who would now become free peasants and obtain legal standing, have both a first name and a surname, the latter of their own choosing. The article examines the process through which Baltic peasants obtained surnames and analyzes the choices they made. In the Pinkenhof estate, in the province of Livland, emancipated serfs most often chose surnames that reflected their place of residence, but also frequently chose names from the natural world, occupations, and other similar sources. The acquisition of surnames helped to consolidate family and lineage identity, which had been difficult in the pre-emancipation perion when individuals bore only a first name plus the name of the place in which they were currently residing, the latter changing as they moved.     

Luhmann: Law,Justice, and Time

Time is central to Luhmann’s writings on social systems. Social systems, as systems of meaning, operate within three dimensions: factual, social and temporal. Each of these dimensions entails selections of actualities from potentialities (or contingencies) within horizons. Whilst the factual dimension involves selections based on distinguishing ‘this’ from ‘something else’, and the social distinguishes between alter and ego (asking with respect to any meaning whether another experiences it as I do), the temporal dimension operates with the primary distinction of before and after. In the temporal dimension, everything is ‘ordered only according to the when and not to the who/what/where/how of experience and action’ (Luhmann in Social systems. Stanford University Press, Stanford, 1995, p. 78). In this paper, we explore the connection between the temporal dimension of meaning within the legal system and its connection to justice. We begin by setting out succinctly the role played by justice within the legal system, as presented by Luhmann, particularly in his book Law as a social system (2004). From this beginning, we move on to consider the relationship between law, justice and time, taking two examples. The first is the temporality of judicial decisions. The second concerns the relationship between the temporal meaning of law’s own operations, and the presumption of innocence.     

Restitution, Rectification, and Mitigation: Negligent Solicitors and Wills, Again

A solicitor, when drafting a will, can owe a duty of care in tort to the intended beneficiary of a bequest under that will. The Court of Appeal has recently confirmed that where a solicitor has misdrafted the will, the intended beneficiary can sometimes rectify it, and recover the intended gift. The pattern of this rectification is restitutionary, raising the question analysed in this article of whether an intended beneficiary can have a direct personal action in restitution to reverse the unjust enrichment of an unintended recipient. It seems that, though fraught, such an action may indeed in principle lie.     

Chapter 3: Pleadings,Notice, Parties,and Appearances

This chapter focuses on UCCJA s? 9 pleading requirements. Judges need the information this section requires litigants to provide in order to determine jurisdiction. This chapter also covers who is entitled to notice and opportunity to be heard, how notice may be given, and what the court can do to facilitate appearances of out-of-state parties and children.     

Inmate homicides: Killers, victims, motives, and circumstances

Despite popular media depictions, prison homicides are quite infrequent, averaging only four per one hundred thousand inmates annually in U.S. prisons during the current decade and declining over 90 percent in the past thirty years. Only a handful of studies had examined this most serious form of institutional violence. This study examined thirty-five inmate homicides, involving fifty-two perpetrators, occurring in the Texas Department of Criminal Justice for 2000-2008. The majority of homicides occurred in inmates’ cells, involved a single assailant, resulted from beatings, or was cross-racial. Often multiple motivations for the homicides were present. Hispanic inmates were overrepresented as perpetrators and victims. Perpetrators and victims were overwhelmingly male, and likely to have records of violent arrests and problematic prison adjustments. A substantial proportion of both perpetrators and victims had suspected or confirmed gang affiliations. Perpetrators were differentiated from victims by younger age, higher IQ scores, greater educational attainment, and sentences for armed robbery.     

Punishing Cruelly: Punishment, Cruelty, and Mercy

What is cruelty? How and why does it matter? What do the legal rejection of cruelty and the requirements of mercy entail? This essay asks these questions of Lucius Seneca, who first articulated an agent-based conception of cruelty in the context of punishment. The hypothesis is submitted that the answers to these questions offered in Seneca’s De clementia constitute one of the turning points in the evolution of practical reason in law. I conclude, however, by arguing that even the mainstream punitive practices of contemporary western societies fail to meet the modest imperatives of the rejection of cruelty and the unconditionality of mercy propounded by Seneca.     

Geographical Connections: Law,Islands, and Remoteness

Liverpool Law Review - The paper introduces a special issue dedicated to cross-disciplinary research on insular condition and insularity. Situated at the crossroads of legal and geographical...