Customary

An Index to Common Law Festschriften

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It has been described as a mirror of accepted usage. Until that year, legal cases from Canadian courts could be appealed to the Judicial Committee of the British House of Lords, which acted as a sort of across-the-pond supreme court. Midwives were more driven by fundamental religious values condemning abortion as sinful. The editor has identified articles published in the Journal of Legal Analysis which represent the Journal’s breadth of coverage.

New frontiers of antitrust 2014 (Competition Law/Droit de la

Joaquín Almunia, Chris Fonteijn

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It's most important application is that is stresses the relationships between the individual, company, community, state, national, and international systems. 3) Assessment of change is a major theme that has emerged as a result of the large-scale multiple system intervention methods. View at Publisher · View at Google Scholar T. Id., at 64, quoting Los Angeles Dept. of Water and Power v. JORDAN, “Lost in the Translation: Two Legal Cultures, the Common law Judiciary and theBasic Law of the Hong Kong Special Administrative Region”, (1977) 30 CORNELL INT'L.

Customary law in Papua New Guinea: A Melanesian view

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Hopefully, we can in the future also rely on proceedings before the ICC, which should be the least biased and restricted. Indigenous peoples’ over-representation in prisons has worsened and new problems have emerged. Therefore, separation doctrines are difficult for tribes to embrace; many find it impossible to make such distinctions. One might argue that the method relies on our "intuitions" about particular cases and that these intuitions are unreliable.

On the Application of Customary Rules of State

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British Columbia (1993), the Court ruled it’s illegal to help a sick person commit suicide. Obviously, liability rules involve an additional stage of state intervention: not only are entitlements protected, but their transfer or destruction is allowed on the basis of a value determined by some organ of the state rather than by the parties themselves. Thus, the law provides for restitution to victims arrived at through clearly designed participatory adjudication procedures, in order to both provide incentives to pursue prosecution and to quell victims' desires for revenge.

The Myth of the Cultural Jew: Culture and Law in Jewish

Roberta Rosenthal Kwall

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These émigré intellectuals explained the European problem to Americans and proposed also to explain America to itself. On the other hand, it might be argued that liability rules are better suited to situations in which bargaining is impossible (or to be more precise, very costly). That way, they can get first- hand information with which to write their reports and make necessary recommendations. I’ve probably mangled a few affiliations, too.

Racial (foreign and indigenous) origins of Indian statutory

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Libertarian legal theorists argue that markets can provide most if not all private goods for various reasons, including arguments that nonexcludability can often be overcome by ingenious market solutions. However, this principle does not apply with the same universality as, for instance, the prohibition against direct killing of an innocent person. The historical theories of the nature of law down to the present Edition: current; Page: [175] time cover the whole range of the antithesis: Law is reason—law is will.

Customs Bulletin, V. 36, January-December 2002: Treasury

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Both vagueness and ambiguity can be viewed as forms of underdetermination: the communicative content of a legal text cannot fully determine the legal effect of the text if the communicative content is vague or irreducibly ambiguous. Deontological Ethics helps emphasize that our notions of ethics must include impartiality. According to the theory of customary law, individual actors gradually come to embrace norms that they view as requisite to their collective wellbeing.

Maung Tet Pyo's Customary law of the Chin tribe. Text, tr.

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Even when notions of spousal equality and equity and the abolition of the marital power of husbands over wives were introduced in this country to reform the common law, “official” customary law was left unreformed and stonewalled by static rules and judicial precedent, which had little or nothing to do with the lived experience of spouses and children within customary marriages. It sought for fresh confirmation in every historical setting of the problem until, with the exhaustion of positivism, with the resurgence of metaphysics, and with the collapse of the spirit of the nineteenth century, it came back renovated.

Zimbabwean Women in Colonial and Customary Law [Zambeziana:

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It is important to know the structure so you know the full authority of the text in hand. But as a rational, social being endowed with free will, he is the object of the sciences that are properly human: of psychology, as a rational being; of social philosophy, as a being that is essentially social; of sociology, as a being that exists in concrete social forms. In the late nineteenth century, a huge volume of social legislation began to reduce considerably the ‘freedom of contract’ in Western countries, giving ground in his native England to the sort of collectivism which the celebrated jurist A.

The future of the institution of hereditary rule and

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A more complete answer is provided in the following chapter 1. By virtue of Section 24 of the Land Use Act, the devolution of rights under Customary Law on the death of the holder of a right of occupancy is preserved thereby sustaining the concept of family property Section 34(4) recognizes, ’’any encumbrance or interest valid in law to which such land was subject on the commencement of the Act thereby preserving the notion of Customary pledge”. Customary laws in place at the time of independence in 1990 are considered legitimate (ibid. 1990, Art. 66.1).