/library/oar/handle/123456789/1909 Sun, 28 Dec 2025 21:09:48 GMT 2025-12-28T21:09:48Z /library/oar/handle/123456789/40777 Title: 'Rape' in the mid 19th century Malta : historico-legal aspects in 1844-1864, before and after the promulgation of the Criminal Code 1854 Abstract: This study aims to focus on the differences and effects that were brought about through the introduction of the Criminal Code, specifically on the offence of rape. Before the implementation of the Criminal Code in 1854 in Malta, the Municipal Laws of De Rohan were the primary rules that were enforced by the law courts. After a thorough study of the original sources of the Gran Corte Criminale records archived at the National Archives of Malta it was established that in a twenty year period spanning from 1844 to 1864, the implementation of the Criminal Code did have an affect on the offence of rape since such offence seemed to evolve and encapture various aspects which were not found under the Municipal Laws of De Rohan. Also, the punishments found under these two distinct Codes of law were distinct from one another. In fact, the sanction found under the Municipal Laws of De Rohan was that of twenty-five scudi, while the punishment found in the Criminal Code of 1854 was that of hard labour from five to nine years, with or without solitary confinement. Description: LL.B Mon, 01 Jan 2018 00:00:00 GMT /library/oar/handle/123456789/40777 2018-01-01T00:00:00Z /library/oar/handle/123456789/40634 Title: The corporate criminal : evaluation of the developments of the concept of criminal corporate liability in light of recent jurisprudence Abstract: The main objective of this Term Paper is to analyse the manner in which the concept of corporate criminal liability has developed in recent times. This term paper is split up into four separate sections. The first section provides an overview of the historical development of the concept of corporate criminal liability explaining the progress made in various common law and civil law jurisdictions. The second section of this Term Paper goes into the theoretical concepts of corporate criminal liability including the vicarious liability theory, the identification doctrine and the aggregation theory. Section three deals with the corporate mens rea, i.e. how a corporation can be held liable for performing an act with a particular state of mind. The final section discusses how the concept of corporate criminal liability has developed in Malta. The Criminal Code and the Interpretation Act are often referred to in the Section. Description: LL.B Mon, 01 Jan 2018 00:00:00 GMT /library/oar/handle/123456789/40634 2018-01-01T00:00:00Z /library/oar/handle/123456789/40632 Title: Aspects of development of the right to life Abstract: Keywords Development, enforcement, right to life, issues, doctrine of positive obligations The content of this term paper revolves around these five key words. First of all, this term paper deals with development and enforcement as it examines the development of the right to life through various local and international instruments (starting from the Cyrus Cylinder (539 BC) up to the European Convention on Human Right's protocols no 6 and 13) whilst also examining the development of their enforcibility. In this regard, one must note that there is still no enforcibility, provided for rights contained in Chapter II of the Maltese Constitution as stated by Prof. Raymond Mangion's article, entitled "Constitution and Green Rights". This research also deals with the right to life (logically), issues (with regards to the right to life) and the doctrine of positive obligations. The issues to the right to life which are examined in this research are abortion, euthanasia and the death penalty. With regards to abortion, this research found out the father has a very limited say with regards to abortion. Also with regards to euthanasia, this research will analyse how the court is nowadays allowing certain forms of euthanasia. Moreover, this research will also examine how the death penalty was abolished, both locally and internationally. Finally this research will analyse whether the doctrine of positive obligations imposes obligations with regards to abortion, euthanasia and the death penalty. It will tend to argue that the doctrine of positive obligations does not really deal with abortion and euthanasia as it leaves such a role in the hands of the states. Finally, the doctrine of positive obligations imposes positive obligations, with regards to the death penalty, however not through the right to life but through the right against torture and inhuman treatment. Description: LL.B Mon, 01 Jan 2018 00:00:00 GMT /library/oar/handle/123456789/40632 2018-01-01T00:00:00Z /library/oar/handle/123456789/38710 Title: Historical aspects of chapter 5 of the Laws of Malta, and its relevance to contemporary situations Abstract: This study shall follow the historical development of the notion of ‘betrothal’ within society throughout the years, and how this lead to the inception of the Promises of Marriage Law, upheld under Chapter 5 of the Laws of Malta. It shall also examine the contractual element emanating from the promise of marriage, and the damages that ensue thereof. It includes an analysis of judgements prior the inclusion of Ordinance XIV of 1913, and how Court decisions changed once the Ordinance came into force. In the past, betrothal was regulated by the Ecclesiastical powers, however, Proclamation VI of 1834 introduced the separation of Church and State powers in cases pertaining to worldly matters. Furthermore, Chapter 5 of the Laws of Malta, which emanated from this Proclamation, was created to ensure that the Courts do not use their powers to force individuals to carry out promises of marriage against their will. Nevertheless, a breach of promise of marriage still carries with it consequences payable in the form of moral and material damages. It is in the author’s interest to study how present day individuals are affected by a promise of marriage agreement, and whether the law should be updated to meet their needs. A socio-legal study is also included to reach these conclusions. This study will ultimately show whether or not the notion of betrothal still exists in modern times. More importantly, it will ascertain whether or not Chapter 5 of the Laws of Malta is still valid. If the latter points to the negative, and the study shows that the Promises of Marriage Law is no longer meeting modern needs, the author shall conclude whether Chapter 5 of the Laws of Malta requires amendments or should be repealed. Description: LL.D. Mon, 01 Jan 2018 00:00:00 GMT /library/oar/handle/123456789/38710 2018-01-01T00:00:00Z