The rule of forfeiture and social security law
The rule of forfeiture and social security law
The term "forfeiture" has had different meanings during different periods of the history of English common law. This is not to imply, however, that the aims behind the various forms of the rule of forfeiture were very different. It will be one of the primary objectives of this thesis to examine the different meanings which the rule of forfeiture has carried throughout the ages, and then advance to discuss the effect which the rule had on the private fields of insurance and inheritance law, and, more importantly, social security law. It will be argued that in many cases the operation of the rule had a quite pernicious effect, functioning as a quasi-criminal punishment in cases where such measures were not appropriate.
To remedy some of the worst effects of the rule of forfeiture, the Forfeiture Act 1982, which began its life as a Private Member's Bill, was enacted. The passage of this Statue through Parliament, and its subsequent influence on public and private law, will be the subject of separate chapters of this thesis. Finally, the possible effects of human rights jurisprudence on the rule of forfeiture warrants a chapter by itself. The thesis will conclude by examining the possibility of the statutory abolition of the rule of forfeiture in the future. The thesis itself consists of seven chapters in all.
University of Southampton
Larkin, Philip Michael
e37849fb-5db7-424d-bcb1-fd2cd559a326
2003
Larkin, Philip Michael
e37849fb-5db7-424d-bcb1-fd2cd559a326
Larkin, Philip Michael
(2003)
The rule of forfeiture and social security law.
University of Southampton, Doctoral Thesis.
Record type:
Thesis
(Doctoral)
Abstract
The term "forfeiture" has had different meanings during different periods of the history of English common law. This is not to imply, however, that the aims behind the various forms of the rule of forfeiture were very different. It will be one of the primary objectives of this thesis to examine the different meanings which the rule of forfeiture has carried throughout the ages, and then advance to discuss the effect which the rule had on the private fields of insurance and inheritance law, and, more importantly, social security law. It will be argued that in many cases the operation of the rule had a quite pernicious effect, functioning as a quasi-criminal punishment in cases where such measures were not appropriate.
To remedy some of the worst effects of the rule of forfeiture, the Forfeiture Act 1982, which began its life as a Private Member's Bill, was enacted. The passage of this Statue through Parliament, and its subsequent influence on public and private law, will be the subject of separate chapters of this thesis. Finally, the possible effects of human rights jurisprudence on the rule of forfeiture warrants a chapter by itself. The thesis will conclude by examining the possibility of the statutory abolition of the rule of forfeiture in the future. The thesis itself consists of seven chapters in all.
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Published date: 2003
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Local EPrints ID: 464863
URI: http://eprints.soton.ac.uk/id/eprint/464863
PURE UUID: 9c2cfba9-06ee-4cec-a69d-2e36cad267aa
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Date deposited: 05 Jul 2022 00:06
Last modified: 23 Jul 2022 02:14
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Author:
Philip Michael Larkin
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