Category Archives: Customary

Legalization of Customary Law: Theory and Practice

Format: Paperback

Language:

Format: PDF / Kindle / ePub

Size: 11.47 MB

Downloadable formats: PDF

The Balance between Islamic Law, Customary Law and Human Rights in Islamic Constitutionalism through the Prism of Legal Pluralism The question of whether or not to include Islamic law in a constitution is a recurrent issue with significant implications for human rights. 1 Islamic law contains norms that bear on human rights such as gender equality and the rights of religious minorities, and these may conflict with both domestic constitutional human rights norms and international human rights norms, for example under the 1948 Universal Declaration of Human Rights.

Continue reading Legalization of Customary Law: Theory and Practice

Company Investigations and Public Law

Format: Hardcover

Language: English

Format: PDF / Kindle / ePub

Size: 11.51 MB

Downloadable formats: PDF

Morality was often cited in conjunction with religion making it hard to disentangle the two. Members of Nigerian academia, the bench, and the bar have written a lot of legal textbooks. In 1973 he engaged in a debate with theorist Jürgen Habermas about the role of social theory. The preventive justification argues that incarcerating a person for wrongful acts is justified insofar as it prevents that person from committing wrongful acts against society during the period of incarceration.

Continue reading Company Investigations and Public Law

Cases on native customary law in Sarawak

Format: Unknown Binding

Language:

Format: PDF / Kindle / ePub

Size: 12.49 MB

Downloadable formats: PDF

Like ICCPR, ICESCR, CEDAW etc. have been derived from UDHR. It is easy to imagine in principle a world where these definitions were not equivalent. It does not offer a reduction in future crime or reparation to victims. The vast majority of the world's governments accept in principle the existence of customary international law, although there are many differing opinions as to what rules are contained in it.

Continue reading Cases on native customary law in Sarawak

A Provisional collection of Indonesian documents relating to

Format: Unknown Binding

Language: English

Format: PDF / Kindle / ePub

Size: 13.37 MB

Downloadable formats: PDF

For example, you might believe that when you have an all-things-considered desire to be kissed, then the choice—the choosing to be kissed—follows more or less automatically. Before that, the Australian legal system did not recognise that Indigenous Australians had any rights to the land that they had lived on and had a connection to before (and since) colonisation. Some chapters also deal with international and regional instruments, especially from a gender perspective.

Continue reading A Provisional collection of Indonesian documents relating to

A treatise on customary law in the Punjab: Being an

Format: Unknown Binding

Language: English

Format: PDF / Kindle / ePub

Size: 6.06 MB

Downloadable formats: PDF

Gatjil Djerrkura, an Arnhem Land man and ATSIC councillor for the Northern Territory, told a Senate inquiry into mandatory sentencing that youngsters found it ‘fun’ to ‘escape from their own culture.’ Djerrkura concluded that ‘the situation highlighted the need for Aborigines to be able to enforce customary law’, i.e. to impose it on those who vote against it with their feet. An empirical testing of the hypothesis advanced by this third question would be exceedingly difficult.

Continue reading A treatise on customary law in the Punjab: Being an

Maung TET Pyo's Customary Law of the Chin Tribe. Text, Tr.

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 10.40 MB

Downloadable formats: PDF

Even more distant worlds are easy to imagine. S. surrounding abortion and homosexuality. Teresa Harris, having lost at both the district court and the Sixth Circuit Court of Appeals, here has petitioned for a writ of certiorari (asking the court to issue an order to bring the case to the Supreme Court), a petition that is granted less than one out of every fifty times. That absolute immunity provided that a clerk (operationally, someone who could read) was to be released for trial and punishment in the ecclesiastical courts.

Continue reading Maung TET Pyo's Customary Law of the Chin Tribe. Text, Tr.

Customary law and the economy

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 9.01 MB

Downloadable formats: PDF

Second, the judge could be given more control from the outset of the dispute in deciding which witnesses to call and what questions to put to them. But with the progressive development of the positive law, corresponding to the evolution of social conditions, the number of such situations authorizing self-help necessarily grew smaller. A consequentalist believes that an act that results in the greatest amount of good, or the least amount of harm (for the greatest number of people) is a moral act.

Continue reading Customary law and the economy

Customary Law of the Nomadic Tribes of Siberia (Uralic and

Format: Hardcover

Language: English

Format: PDF / Kindle / ePub

Size: 14.45 MB

Downloadable formats: PDF

The Constitution has supremacy over all other sources or systems of law in the country (ibid., Art. 1.6), including customary law (ibid., Art. 66.1). The common law is chiefly a mixture of Roman–Dutch law and English common law that has been developed by means of legislation and judicial decisions. The Federal and State courts are not in two parallel lines. State law sometimes is not an expression of public opinion, while customary is the consensus of the opinion of the community.

Continue reading Customary Law of the Nomadic Tribes of Siberia (Uralic and

Punjab Customary Law. Vol. I-5, 6, 6 (rev. Ed.) 8, 8(b)-11,

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 9.13 MB

Downloadable formats: PDF

But as the price for wives increased, men — particularly relatively poor men — came to realize that the sanction was too costly and the pumshment was changed to beating or perhaps wounding the adulteress. In association with the government he or she can present bills to the people to enact by referendum, thereby bypassing the Parliament, and can dissolve the National Assembly and call new elections. It should be noted that Tom Wetzel disputes my characterization of anarcho-syndicalism; he argues that very few anarcho-syndicalists ever imagined that workers would simply take over their firms, while maintaining the basic features of the market economy.

Continue reading Punjab Customary Law. Vol. I-5, 6, 6 (rev. Ed.) 8, 8(b)-11,

A Hand Book of the Thesawalamai; Or the Customary Law of the

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 5.79 MB

Downloadable formats: PDF

Although the name of legal positivism was inspired by Comte’s “positivism,” the two theories are substantially different, as it will become clear in the course of this essay. The Mid-American Review of Sociology, VIII, 4 (Winter). 1987 "The Social Location of Crime and Justice in America," in The Quarterly Journal of Ideology, V. 11, No. 4. 1991 "Chaos theory and Symbolic Interaction. For example, the old common law rule of “ancient lights” might be considered inappropriate or unnecessary in newly settled areas without any tall buildings and therefore inapplicable and not automatically “received” as law on settlement.

Continue reading A Hand Book of the Thesawalamai; Or the Customary Law of the