In the Court of Deadly Assumptions: Another Wrongful

Format: Print Length

Language: English

Format: PDF / Kindle / ePub

Size: 9.78 MB

Downloadable formats: PDF

Case law is a collection of judicial decisions, customs, and general principles that began in England centuries ago, that were adopted in America at the time of the Revolution, and that continue to develop today. Fuller (1958), "Positivism and Fidelity to Law," Harvard Law Review, vol. 71, no. 4, pp. 630-672. It's true that contract remedies do provide sanctions (or prices) for breaking contracts, but much of contract law is about making contracts, that is, about how to make new law.

Continue reading "In the Court of Deadly Assumptions: Another Wrongful"

Company Investigations and Public Law

Format: Hardcover

Language: English

Format: PDF / Kindle / ePub

Size: 10.10 MB

Downloadable formats: PDF

The centrality of law in colonial administration was demonstrated by the early introduction of the English legal system as one of the first instruments of British authority in Nigeria. This paper will examine two systems - families and communities - and how each contribute to the problem of incest/sexual abuse of children. It asks and answers questions about the ways in which Aboriginal customary can be recognised within the framework of the general criminal law, and whether Aboriginal communities should have the power to apply their customary laws and practices in the punishment and rehabilitation of Aboriginal people.

Continue reading "Company Investigations and Public Law"

Customary law in Namibia : development and perspective ;

Format: Paperback

Language:

Format: PDF / Kindle / ePub

Size: 8.09 MB

Downloadable formats: PDF

This served a good purpose: the unity of morality and law was thereby safeguarded. Customary land relationships antedated the Land Use Act and form an important part of the customary land tenure system. And in any event, much of legislation is done under the ambit of pre-existing rules of procedure, which bind the legislators. The phrase “legally correct” is synonymous with the phrase “lawful” in this context. Freedom is aimed at only so far as it realizes order. It is role was to declare law – to evaluate and say that this is the law much as what the courts do today, look at the facts and apply the law and declare the law.

Continue reading "Customary law in Namibia : development and perspective ;"

Commentary on the customary law

Format: Unknown Binding

Language:

Format: PDF / Kindle / ePub

Size: 7.01 MB

Downloadable formats: PDF

Canon law is not divine law, properly speaking, because it is not found in revelation. According to the theory of customary law, individual actors gradually come to embrace norms that they view as requisite to their collective wellbeing. Only Dad can do that.) Expanding family truths & realities (See things that are already healthy and capitalizing on it. It ensures continuity with the polity doctrine developed by Muslim scholars regarding state and society: the Prophet’s intention was to build an Islamic society in which the law played a predominant role in shaping the interactions between citizens, but also in supporting the role of the leader of that society (The Prophet himself at the time). 22 Reliance on Islamic law in the 21st century is a clear signal that countries adopting an Islamic supremacy clause, or including Islamic law as ‘a’ source of law among others, wish to locate their existence within this historical continuity, despite the abolition of the Caliphate in 1924.

Continue reading "Commentary on the customary law"

Tibetan Tribal Customary Law Study Series (one of the, II,

Format: Paperback

Language:

Format: PDF / Kindle / ePub

Size: 7.53 MB

Downloadable formats: PDF

In this system, individual punishment was foreign. Each fiction, qua fiction, may be said to have a subject matter, comprised of the premise or premises counterfactually maintained. Some more examples may help: How can we look at a legal system? One wonders whether the court might have taken a different approach if there were children born from the second marriage. They are, in fact, not laws at all. (Aquinas, Summa, quest. 96 art. 4). Your export list is not saved between visits The commons is a general term for shared resources in which each stakeholder has an equal interest.

Continue reading "Tibetan Tribal Customary Law Study Series (one of the, II,"

Fanti Customary Laws, a Brief Introduction to the Principles

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 14.06 MB

Downloadable formats: PDF

There is complementarity in relationships: behaviors are linked together, patterns occur, we are influenced by others -Families that don't have resilience usually get stuck in the system. There can be no rights outside the existence of a sovereign command, and no rights can exist prior to the formation of a government. By Asatu he had one child, Asiata, the plaintiff in the case. The third condition is a lawgiver who has care of the community because unless the lawgiver holds sufficient power to coerce obedience, the law cannot induce its subjects to virtue.

Continue reading "Fanti Customary Laws, a Brief Introduction to the Principles"

Garo Customary Laws and Practices

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 14.85 MB

Downloadable formats: PDF

Section 15 (4) (b) of the Anambra State Customary Courts Law, 1984. 16. One of the most important views of this distinction was advanced by the great legal philosopher H. Free societies have only arisen where there is plurality of force. Since written constitutions appeared, the idea of constitution liberty prevailed to be a tool for freedom whereas it remains with specific right for the citizen. To live in a society that is relatively stable and predictable, where each individual is able to pursue their personal best interests and goals, some minimal rules would have to be developed/acknowledged which would support mutually advantageous cooperation among the individuals of the society.

Continue reading "Garo Customary Laws and Practices"

Seymour's Customary law in southern Africa

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 6.58 MB

Downloadable formats: PDF

The Kenyan law lay down the various sentences that can he meted out to an offender. Strict Construction as a "Presumption of Constitutionality". There is a difference in opinion about the adoption of Ecclesiastical laws in the U. Interactions between modernity, as represented by constitutions, statutes and other 'common laws', and what remains of or has become of traditional African customary law obviously dominate the book.

Continue reading "Seymour's Customary law in southern Africa"

The principles of African customary law

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 6.30 MB

Downloadable formats: PDF

P 10, UN Doc S/RES/1244 (1999). ↵ 190 See UNMIK Reg. 2000/6 on the Appointment and Removal from Offices of International Judges and International Prosecutors (15 Feb. 2000). ↵ 191 It should be noted that, at this point in time, the domestic law applicable in the province was that of the former Yugoslavia. After georeferencing, each of the boundaries was traced using on-screen digitizing techniques that created polygons (shape files) of each of the benthic substrates (Figure 1 ).

Continue reading "The principles of African customary law"

Customary law, law reform and development: Rural land tenure

Format: Unknown Binding

Language: English

Format: PDF / Kindle / ePub

Size: 5.30 MB

Downloadable formats: PDF

Customs, absolutely essential to the very being of society, are, in the code, cleverly intermingled with usages imposed by the ruling caste, and both claim equal respect from the crowd. 'Do not kill,' says the code, and hastens to add, 'And pay tithes to the priest.' 'Do not steal,' says the code, and immediately after, 'He who refuses to pay taxes, shall have his hand struck off.'" So perhaps Kropotkin's ideal society would live under the guidance of a reformed customary law stripped of the class legislation with which it is now so closely associated.

Continue reading "Customary law, law reform and development: Rural land tenure"