/library/oar/handle/123456789/65621 2025-10-27T15:18:39Z /library/oar/handle/123456789/63790 Title: Id-Dritt : Volume 9 : December 1978 Abstract: 1/ Mary Anne Buhagiar - The concept of retroactivity: its variations in the different branches of law -- 2/ Maurice E. Calleja - Ballistics evidence -- 3/ L.C. Green - Scientia Juris and the soldier -- 4/ Wallace Ph. Gulia - The residual powers of the first hall, civil court in Malta -- 5/ G. W. Keeton - Constructive trusts and agency -- 6/ Tania Vella - Towards newer sources in international law? -- 7/ George Xuereb - A comparative study of the theory of precontractual responsibility -- 8/ Indiċi -- 9/ Qorti tal-appell kriminali appelli minn ġurijiet sentenzi mogħtija fl-1975 1978-01-01T00:00:00Z /library/oar/handle/123456789/63789 Title: The concept of retroactivity : its variations in the different branches of law Authors: Buhagiar, Mary Anne Abstract: The concept of retroacti vity has a deceptively theoretical content. The most irresistible temptation is to treat it as merely designating a particular mode of operation of the legal norm, i.e. the process whereby such norm can be made to apply to past situations, which are properly regulated by earlier norms dealing with the same subject matter. This outlook, in its insistence on limiting a theory of retroacti vity to a study of the relation between static, consecutive norms within a legal system, with reference merely to a given juridical situation or fact, tends to overlook the truth that the real core of the theory is NOT the legal system, but LAW ITSELF, viewed as a dynamic structure which is capable of determining the course of social and economic progress within society. The purely theoretical content is reflected in the analogy drawn by Savigny, according to which retro activity explores the juridical line of communication between two consecutive laws, just as private international law explores the points of intersection between contemporaneous legal systems. But, such an approach is irrsufficient: it still needs to be complemented by the sociological and personal 9ackground, which animates the concept under analysis. Indeed the very raison d'etre of a theory of retroactivity is to ensure a smooth evolution of social progress, free from any 'juridical leaps' that could impair rights acquired under old laws, enacted by the proper state-organ or authority. 1978-01-01T00:00:00Z /library/oar/handle/123456789/63788 Title: Ballistics evidence Authors: Calleja, Maurice E. Abstract: The term `ballistics expert' occasionally appears in the newspapers under the Court Reports' column. This is admittedly a very imposing title; however it is hardly descripci ve of the demands made of this study or of the person practising it. 'Forensic ballistic expert' would be nearer the mark, but I believe that in most countries now such court experts are referred to as the 'firearms identification witness'. For several years now I have been called upon to act in this capacity in cases before the courts where the use of firearms played an important part. 1978-01-01T00:00:00Z /library/oar/handle/123456789/63787 Title: Scientia Juris and the soldier Authors: Green, L. C. Abstract: War crimes trials, whether conducted by tribunals e stablished under international agreement, like that at Nuremberg, or under municipal law, like that which rendered the decision regarding the Llandovery Castle, as well as trials under national military law, like that of Lieutenant Calley, inevitably raise a multitude of legal problems. Among the most important of these is the knowledge of the accused. Too often, insufficient attention is paid to this, even though the inevitable defence of superior orders and the reaction to it of the tribunal concemed4 to a very great extent are based on this factor, since success or otherwise of the plea depends on whether or not the act ordered was palpably or manifestly illegal, which obviously depends on the accused's knowledge of what is in f act lawful. If the writer's experience on joining the British Army during the Second World War is anything to go by, the extent of the knowledge of the law of the ordinary soldier stems rather from his own resources than those of the military establishment. 1978-01-01T00:00:00Z