An amendment is a proposal brought forward in a meeting of some public or other body, either in order to get an alteration introduced on some proposal already before the meeting, or entirely to overturn such proposal. In parliament an amendment denotes an alteration made in the original draught of a bill whilst it is passing through the houses. Amendments may be made so as totally to alter the nature of the proposition; and this is a way of getting rid of a proposition, by making it bear a sense different from what was intended by the movers, who are thus compelled to abandon it. Research Amendment
The Augsburg Confession was a document which was presented by the Protestants at the Diet of Augsburg, 1530, to the Emperor Charles V and the diet, and being signed by the Protestant states was adopted as their creed. Luther made the original draught;
but as its style appeared too violent it was given to Melanchthon for amendment. The original is to be found in the imperial Austrian archives. Afterwards Melanchthon arbitrarily altered some of the articles, and there arose a division between those who held the original and those who held the altered Augsburg Confession. The former is received by the Lutherans, the latter by the German Reformed. Research Augsburg Confession
The Bonus Bill was an American bill submitted by Calhoun on the 23rd of December 1816, appropriating $1.5 million 'for constructing roads and canals and improving the navigation of watercourses.' The bill was passed, being strongly supported by New York and the South. It was supposed the money would immediately be applied to the construction of a canal between Albany and the lakes. President James Mason vetoed the bill during the last days of his administration, insisting that internal improvement measures needed a constitutional amendment. Accordingly, New York State undertook the construction of the Erie Canal. Research Bonus Bill
The Chisholm Case was a legal proceeding in the USA that eventually led, through the enactment of the 11th Amendment to the US. Constitution, to a limitation on the jurisdiction of the federal courts. Decided in 1793 by the US. Supreme Court, the case of Chisholm v. Georgia (2 Dallas 419) was brought against the state of Georgia by Alexander Chisholm, a citizen of South Carolina, regarding an inheritance of which he was the legatee. The Supreme Court took jurisdiction under ArticleIII, Section 2, of the Constitution, which confers jurisdiction on the federal courts in cases between a state and citizens of another state. Georgia challenged both the right of citizens to sue state governments and the jurisdiction of the Supreme Court in such cases. The Supreme Court ruling affirmed the jurisdiction of the courts.
On March the 5th, 1794, Congress passed the 11th Amendment, which was ratified on February the 7th, 1795. It removed from the jurisdiction of the federal courts cases in which a citizen of one state is the plaintiff and the government of another state is the defendant; it limited the jurisdiction of the federal courts to cases in which the government of a state is the plaintiff and the citizen of another state is the defendant. Research Chisholm Case
The American Civil Rights Act was an act passed by Congress over President Johnson's veto on April the 9th 1866, aiming to place the Negro on the same civil footing as the whites. Its principal section provided that all persons born in the United States, and not subjected to any foreign power, excluding Indians not taxed, were to be recognized as citizens of the United States. The violation of this act was made a misdemeanour to be considered by the Federal courts alone. The President was given power to enforce the act by special or military force. The controversy over the constitutionality of the act led to the framing of the Fourteenth Amendment, passed June the 13th, 1866. After this a more stringent act to secure the civil rights of the Negro was passed in 1875. But the Supreme Court in 1883 declared its most important sections unconstitutional. Research Civil Rights Act
Cohens v Virginia was an important American legal case, heard before the US Supreme Court, and decided in 1821. In 1820, P J and M J Cohen were presented before the Quarter Sessions Court at Norfolk for selling lottery tickets in defiance of the statute of the State prohibiting such sales. The Cohens appealed to the Supreme Court of the United States against the fine imposed by the Virginiacourt, pleading the legality of their sale under the 'Act to amend the charter of the city of Washington', passed by Congress in 1812, which permitted the drawing of lotteries. The attorney for Virginia denied the jurisdiction of the court, because a State was defendant and because in cases in which States were parties its jurisdiction was original and not appellate. But the court decided that the EleventhAmendment did not apply, and that in constitutional cases it had always appellate jurisdiction. Research Cohens V Virginia
The Constitutions of Clarendon were a code of laws made by a general council of nobles and prelates, held at Clarendon in Wiltshire, in 1164 during the reign of Henry II, to check the power of the Church and restrain the prerogatives of ecclesiastics. There were sixteen ordinances defining the limits of the patronage and jurisdiction of the Pope. The power of the ecclesiastical courts was restricted, the crown secured the right of interference in elections to ecclesiastical offices, appeals to Rome were made dependent on the king's leave, ecclesiastical dignitaries were deprived of their freedom to leave the country without the royal permission, etc. Becket signed them, but retracted his signature on the refusal of the PopeAlexander III to countenance them. Becket's murder followed, and to effect a reconciliation with the popeHenry II promised the amendment of the Constitutions of Clarendon. They were accordingly modified in 1176 at Northampton in favour of the church, but they are not the less to be regarded as containing the germ of the ecclesiastical policy of Henry VIII. Research Constitutions of Clarendon
The Cowper-Temple Clause was a clause inserted in the English Education Act of 1870, on an amendment by Mr. Cowper-Temple (afterwards Lord Mount-Temple) to exclude from all rate-built schools every catechism and formula distinctive of any denominational creed. Research Cowper-Temple Clause
Criminal law is the law relating to crimes. The general theory of the common law is, that all wrongs are divisible into two species: first, civil or private wrongs or torts; secondly, criminal or public wrongs. The former are to be redressed by private suits or remedies instituted by the parties injured. The latter are redressed by the state acting in its sovereign capacity.
The general description of the private wrongs is, that they comprehend those injuries which affect the rights and property of the individual, and terminate there; that of public wrongs or offences being, that they comprehend such acts as injure, not merely individuals, but the community at large, by endangering the peace, the comfort, the good order, the policy, and even the existence of society. In the first, therefore, so far as the law is concerned, the compensation of the individual whose rights have been infringed is held to be a sufficient atonement; but in the second class of offences it is demanded that the offender make satisfaction to the community as acting prejudicially to its welfare. The exact boundaries between these classes are not, however, always easy to be discerned, even in theory; for there are few private wrongs which do not exert an influence beyond the individual whom they directly injure. The divisions, torts and crimes, are thus not necessarily mutually exclusive, cases sometimes occurring in which the person injured obtains damages, while at the same time the criminal is subjected to punishment, not as against the individual, but as against the state. It is, moreover, obvious that legal criminality is not in any strict sense the measure of the morality of actions, though the legal enactment tends to enforce itself as a moral law. In large part it is only an approximate expression of the current sense of justice, this expression being both aided and hindered by the historical and constantly reflexive character of legal method.
The basis of the criminal law of Great Britain is to be found in a series of loose definitions and descriptions, of which many, and those among the more important, date from the 13th century. The irregular superstructure reared upon these consists mainly of parliamentary enactments which originated in the 18th century, but have been twice re-enacted in the 19th century - the first time between 1826 and 1832, and the second time in 1861, with an intermediary attempt at amendment in 1837. The laws as formulated, however, by no means always represent the law as interpreted, the whole system being further complicated by a mass of judicial comments and particular constructions. Thus while there is a statutory division of crimes into treasons, felonies, and misdemeanours, the distinctions between them are so uncertain that it is possible to regard the first head as merely the isolation of a sub-case of felony; while in respect of the second and third classes, the distinction can only be clearly marked by an enumeration of the crimes arbitrarily assigned to each in the common law and judges' decisions.
Even in severity of punishment a misdemeanour may rank as high as a felony. The Criminal Statutes Consolidation Acts - the result of a series of commissions extending over thirty years - accomplished little more in the way of systematization than the introduction of greater exactitude into the definition of certain individual offences and the gradation of penalties. The aim of criminal law as at present constituted, and since the end of the 19th century, is both retributive and preventive - in its former aspect being based upon the primitive passion of retaliation, in the latter primarily upon the fundamental instinct of self-preservation. The prevention of crime may, however, be effected in a threefold manner: by imposing a penalty which shall operate by fear to deter people from committing crimes, or by rendering it physically impossible for a person of known criminal tendency to repeat an offence, or by the reformation of the criminal. With the higher evolution of society the principle of retaliation has fallen into theoretic disrepute, though still a practical legal factor; and the problems of penology are made to turn almost exclusively upon the principle of prevention in these three aspects, and especially on the two last. The discovery in the 19th century that fear of a penalty only operated up to a certain point, beyond which an excessive punishment exercised a brutalizing tendency, led to a large mitigation of penal severity accompanied by a wide desire for the abolition of capital punishment, though this took almost one hundred years to be realised in Great Britain; while, on the other hand, various schemes have been devised for making punishment reformatory. These original changes in criminal law date in a large measure from the publication of Beccaria's Dei Delitti e delle Pene (On Offences and Penalties) in 1764. Research Criminal Law
The 'Fourteenth Amendment' was the 14th amendment to the Constitution of the United States, made in 1868 it assured citizenship, personal liberties, and rights to the freed slaves. It guaranteed due process of law and equality under protection of the law. The amendment also made references to representation in Congress and the holding of public offices by Southerners who had been involved in the Civil War. Research Fourteenth Amendment
The Probert Encyclopaedia was designed, edited and programed by
Matt and Leela Probert
Abbreviations
Research Amendment
