JUDICIAL AUTHORITY OR ITS LACK Cover Image

ЛОРД МЕНСФИЛД - СУДИЈСКИ ИНТЕГРИТЕТ ИЛИ ЊЕГОВО ПОМАЊКАЊЕ: СЛУЧАЈ СОМЕРСЕТ
JUDICIAL AUTHORITY OR ITS LACK

Author(s): Alan Watson
Subject(s): Court case
Published by: Правни факултет Универзитета у Београду
Keywords: Conflict of laws; Application of foreign law; Lord Mansfield; Sommerset vs. Stewart

Summary/Abstract: The author has analyzed perhaps the most famous english case, and presented the problem which lord Mansfield had to solve in all its complexity. The case was about the conflict of laws. It could be solved by applying Huber's axioms, which would ground one verdict of english law in roman law, by way of dutch and scottish law. That was the case which could have far-reaching consequences in all England. Maybe the most important issue here is the lord Mansfield's solution, inteligent and simple - he limited himself only to habeas corpus, instead of solving many problems that arose before him one by one.

  • Issue Year: 54/2006
  • Issue No: 1
  • Page Range: 9-23
  • Page Count: 15
  • Language: Serbian