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Phillips V Eyre
''Phillips v Eyre'' (1870) LR 6 QB 1 is an English decision on the conflict of laws in tort. The Court developed a two limbed test for determining whether a tort occurring outside of the court's jurisdiction can be actionable. In time this came to be referred to as the "dual-actionability test" (or " double actionability test"). Facts Edward John Eyre had been the governor of Jamaica during the Morant Bay Rebellion. As governor he ordered a forceful response, which led to the deaths of numerous Jamaicans and the arrest and the summary execution of various political figures, whom Eyre believed to be instigators of the uprising. At the end of his term as governor, the colonial assembly had passed an Act of Indemnity covering all acts done in good faith to suppress the rebellion after the proclamation of martial law. When he returned to England, several Jamaicans sued him for trespass to the person and false imprisonment in the Courts of England. Peter Handford described the b ...
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Court Of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench. The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Sir Edward Coke to be the "lock and key of the common law". It was staffed by one Chief Justice and a varying number of ...
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Trespass To The Person
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery";''Johnson v. Glick'', battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it"; and false imprisonment, the " or of freedom from restraint of movement".''Broughton v. New York'', 37 N.Y.2d 451, 456–7 Trespass to chattel does not require a showing of damages. Simply the "intermeddling with or use of … the personal property" of another gives cau ...
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Thomas Hughes
Thomas Hughes (20 October 182222 March 1896) was an English lawyer, judge, politician and author. He is most famous for his novel ''Tom Brown's School Days'' (1857), a semi-autobiographical work set at Rugby School, which Hughes had attended. It had a lesser-known sequel, ''Tom Brown at Oxford'' (1861). Hughes had numerous other interests, in particular as a Member of Parliament, in the British co-operative movement, and in a settlement—Rugby, Tennessee, USA—reflecting his values. Early life Hughes was the second son of John Hughes, editor of the ''Boscobel Tracts'' (1830), and was born in Uffington, Berkshire (now Oxfordshire). He had six brothers, and one sister, Jane Senior, who later became Britain's first female civil servant. At the age of eight he was sent to Twyford School, a preparatory public school near Winchester, where he remained until the age of eleven. In February 1834 he went to Rugby School, which was then under the celebrated Thomas Arnold, a conte ...
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John Stuart Mill
John Stuart Mill (20 May 1806 – 7 May 1873) was an English philosopher, political economist, Member of Parliament (MP) and civil servant. One of the most influential thinkers in the history of classical liberalism, he contributed widely to social theory, political theory, and political economy. Dubbed "the most influential English-speaking philosopher of the nineteenth century", he conceived of liberty as justifying the freedom of the individual in opposition to unlimited state and social control. Mill was a proponent of utilitarianism, an ethical theory developed by his predecessor Jeremy Bentham. He contributed to the investigation of scientific methodology, though his knowledge of the topic was based on the writings of others, notably William Whewell, John Herschel, and Auguste Comte, and research carried out for Mill by Alexander Bain. He engaged in written debate with Whewell. A member of the Liberal Party and author of the early feminist work ''The Subjection o ...
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Peter Alfred Taylor
Peter Alfred Taylor (30 July 1819 – 20 December 1891) was a British politician, anti-vaccinationist and radical. Biography Taylor was born in London. He was the son of another Peter Alfred Taylor, a silk merchant, and the nephew of Samuel Courtauld. He was educated at a school in Hove, Sussex, run by J. P. Malleson, his uncle and the Unitarian minister for Brighton. Here he met Clementia Doughty, whom he married in 1842. In the late 1830s he joined the family company of Samuel Courtauld & Co, later becoming a partner. The wealth from the company was what allowed him to develop and fund his radical interests, something which he conducted in concert with his wife. Taylor was an anti-vaccinationist. He commented that vaccination was a "delusion-a baseless superstition; that it afforded no protection from smallpox".Ross, Dale L. (1968)''Leicester and the Anti-Vaccination Movement 1853–1889'' ''Transactions of the Leicestershire Archaeological and Historical Society'' 43: ...
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Charles Buxton
Charles Buxton (18 November 1822 – 10 August 1871) was an English brewer, philanthropist, writer and member of Parliament. Personal life and architectural legacy Buxton was born on 18 November 1822 in Cromer, Norfolk, the third son of Sir Thomas Buxton, 1st Baronet, a notable brewer, MP and social reformer, and followed in his father's footsteps, becoming a partner in the brewery of Truman, Hanbury, Buxton, & Co in Brick Lane, Spitalfields, London, and then an MP. He served as Liberal MP for Newport, Isle of Wight (1857–1859), Maidstone (1859–1865) and East Surrey (1865–1871). His son Sydney Buxton was also an MP and governor of South Africa. On 7 February 1850, he married Emily Mary Holland, the eldest daughter of physician Henry Holland (physician to Queen Victoria and later president of the Royal Institution). Around 1850, he commissioned construction of a small detached, but ornate, house, ''Foxholm'' (Grade II-listed architecturally) on Redhill Road, then in Wi ...
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John Bright
John Bright (16 November 1811 – 27 March 1889) was a British Radical and Liberal statesman, one of the greatest orators of his generation and a promoter of free trade policies. A Quaker, Bright is most famous for battling the Corn Laws. In partnership with Richard Cobden, he founded the Anti-Corn Law League, aimed at abolishing the Corn Laws, which raised food prices and protected landowners' interests by levying taxes on imported wheat. The Corn Laws were repealed in 1846. Bright also worked with Cobden in another free trade initiative, the Cobden–Chevalier Treaty of 1860, promoting closer interdependence between Great Britain and the Second French Empire. This campaign was conducted in collaboration with French economist Michel Chevalier, and succeeded despite Parliament's endemic mistrust of the French. Bright sat in the House of Commons from 1843 to 1889, promoting free trade, electoral reform and religious freedom. He was almost a lone voice in opposing the Crime ...
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Jamaica Committee
The Jamaica Committee was a group set up in Great Britain in 1865, which called for Edward Eyre, Governor of Jamaica, to be tried for his excesses in suppressing the Morant Bay rebellion of 1865. More radical members of the Committee wanted him tried for the murder of British subjects (Jamaica was at that time a Crown Colony), under the rule of law. The Committee included English liberals, such as John Bright, John Stuart Mill, Charles Darwin, Thomas Henry Huxley, Thomas Hughes, Herbert Spencer and A. V. Dicey, the last of whom would eventually become known for his scholarship on the Conflict of Laws.Handford, ''EDWARD JOHN EYRE AND THE CONFLICT OF LAWS'' Other prominent members of the committee included Charles Buxton, Frederic Harrison, Edmond Beales, Frederick Chesson, Leslie Stephen, Thomas Hill Green, Henry Fawcett, Goldwin Smith, Charles Lyell and Edward Frankland. The counsel to the Jamaica Committee was James Fitzjames Stephen, who held that the defendants wer ...
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Luke O'Connor
Major-General Sir Luke O'Connor, (20 January 1831 – 1 February 1915) was an Irish soldier who served in the British Army. He was the first soldier to receive the Victoria Cross, Britain's highest award for gallantry in the face of the enemy. Background Luke O'Connor was born in Kilcroy, Hillstreet, in the parish of Aughrim, Co Roscommon in Ireland. He was born to James O'Connor (born 1800) and Mary Gannon. He and his family were evicted from their farm because they were unable to pay the rent and decided to move to North America in 1839 in search of opportunity. His father James died at sea en route and his mother and a baby brother died at Grosse Isle, Quebec on arrival of cholera. Although Luke returned to Ireland as a boy, some of his other siblings remained in North America and fought in the American Civil War. Military He enlisted in the British Army as a young man. At the age of 23, he was a sergeant in the 23rd Regiment of Foot (later The Royal Welch Fusiliers). Durin ...
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Flagellation
Flagellation (Latin , 'whip'), flogging or whipping is the act of beating the human body with special implements such as whips, rods, switches, the cat o' nine tails, the sjambok, the knout, etc. Typically, flogging has been imposed on an unwilling subject as a punishment; however, it can also be submitted to willingly and even done by oneself in sadomasochistic or religious contexts. The strokes are typically aimed at the unclothed back of a person, though they can be administered to other areas of the body. For a moderated subform of flagellation, described as ''bastinado'', the soles of a person's bare feet are used as a target for beating (see foot whipping). In some circumstances the word ''flogging'' is used loosely to include any sort of corporal punishment, including birching and caning. However, in British legal terminology, a distinction was drawn (and still is, in one or two colonial territories) between ''flogging'' (with a cat o' nine tails) and ''whippi ...
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Summary Execution
A summary execution is an execution in which a person is accused of a crime and immediately killed without the benefit of a full and fair trial. Executions as the result of summary justice (such as a drumhead court-martial) are sometimes included, but the term generally refers to capture, accusation, and execution all conducted within a very short period of time, and without any trial. Under international law, refusal to accept lawful surrender in combat and instead killing the person surrendering is also categorized as a summary execution (as well as murder). Summary executions have been practiced by police, military, and paramilitary organizations and are frequently associated with guerrilla warfare, counter-insurgency, terrorism, and any other situation which involves a breakdown of the normal procedures for handling accused prisoners, civilian or military. Civilian jurisdiction In nearly all civilian jurisdictions, summary execution is illegal, as it violates the right of ...
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Treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor. Historically, in common law countries, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant. Treason (i.e. disloyalty) against one's monarch was known as ''high treason'' and treason against a lesser superior was ''petty treason''. As jurisdictions around the world abolished petty treason, "treason" came to refer to what was historically known as high treason. At times, the term ''traitor'' has been used as a political epithet, regardless of any verifiable treasonable action. In a civil war or ...
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