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Are Secret Trusts valid Testamentary dispositions?
Exploring the theroretical justifications for the enforcement of secret trusts The Wills Act 1837, s.9 requires that all testatmentary dispositions be in writing and signed by the Testator, in the presence of two or more attesting witnesses present at the same time. Despite the existence of such statutory formalities, Testators who wish to create a…
Conceptualizing Backwards Tracing: a paradigm for vindicating the property rights of another
The case of Durant (2015) involved a payment of bribes totalling US$10.5 million into a bank account; while at about the same time a total of US$13.5 million had been paid out of that account to the defendants. Yet, the the Privy Council held that all the bribes could be traced to the defendant. The material facts…
Delving into the ‘lived experiences’ of Criminality
Exploring the Criticisms of Rational Choice Theory and Sociological, Psychological Positivism Rational actor theory has been criticized by Cultural criminologists for its overemphasis on the individual’s exercise of free choice in committing crime, while psychological and sociological explanations tend to portray the criminal as one who is predestined to commit crime due to his or…
Genocide and the Psychology of evil
Exploring the psychology behind genocide or mass atrocity; Do mass killers such as genocidaires and terrorists think differently from those who commit petty crimes? It is difficult to support the proposition that all criminals think alike since the motivations and ideas behind the atrocities that mass killers or genocidaires inflict on their victims seem vastly…
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Essays on Human Rights , Law and International Relations 