Category Archives: Customary

Customary Law Of The Main Tribes Of The Siálkot District...

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There is so much more to be said about the inquiry into the nature of the human good, and my discussion of methodology and one thought experiment does not even begin to scratch the surface. From the norm of truthfulness of speech follows the natural-law norm, agreements must be kept. But I hope that even this very sketchy account of one aspect of virtue jurisprudence has sparked your interest. Are the conditions of a hypothetical state of nature arbitrary or unfair?

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What is to be done with African customary law?: The

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Substantively, it reflects a blending of institutions and values of the ancien droit (particularly in marriage, filiation, and inheritance) with the rationalistic and liberal values of the enlightenment (particularly in contract, civil liability, and property)." [77] A distinctive feature of the Code of 1866 was that it was drafted in both French and English, with both versions official. When people complain of the law's lack of neutrality, they are in fact voicing very different aspirations, such as the demand that it be fair, just, impartial, and so forth.

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Law and Justice in Tokugawa Japan Part IV-B Contract:

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The property involved may be tangible, and is often divided for legal purposes into immovable and movable (or 'realty' and 'personalty' in the obscure jargon of the common law). The HMOs argued that the Emergency Services Statute was not intended to allow physicians or other providers of emergency medical services to bring a lawsuit against them to recover fees. Some instrumentalists may go beyond this, and argue that judges should sometimes nullify statutes that are bad policy or create judge-made rules, when that would serve the ends of good policymaking.

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The Punjab customary law, containing the latest case law up

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It unavoidably finds itself imposing, by increasingly lawless violence, a procrustean and arbitrary concept of the good. This leads to confusion and creates the possibility of double standards. Many people are vulnerable because they are not social equals�women, minorities, children, the elderly can be, and all too frequently are not, viewed as equal�nor free. What this implied for American law was revealed by Oliver Wendell Holmes Jr. (1841–1935), when he in 1897 advised his audience of law students to put aside any notions of morality and instead view the law as a science of coercion.

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Shona Customary Law: With Reference to Kinship, Marriage,

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A society typically adopts a standard of legal validity based on moral principles, custom, or both. Xeer law is pre-Islamic in origin, and is not a version of shari’a law. In doing so, the CC has not only been faced with the challenge of elucidating the extent to which ACL is now recognised, but it has also had to address the issue of how to go about ascertaining what that law in fact is. An environmental parameter is any trait of a system's environment that is relevant to an investigation, but that does not change during the duration of study.

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Presidential Authority to Displace Customary International

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But man understands by means of senses and intellect. For instance, it would be impossible to conceive of the provisions that govern how to make a valid will without conceiving that the will cannot exist without these provisions. The Act is gender-neutral regarding the laws of inheritance (ibid.). But in some sense, we believe scientific theories are answerable to our particular beliefs about the world, and we don't think is is good scientific practice to "revise the data" in order to "fit the theory."

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Working paper on customary law of succession

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Beaumont et al., “Impacts of biodiversity loss on ocean ecosystem services,” Science, vol. 314, no. 5800, pp. 787–790, 2006. In this setting, a set of rules to maximize their expected welfare. Law's moral dimension provides the validity standard based on natural law. Intellectual apprehension is more immaterial; it grasps essential being. The studies and activities of the author peculiarly fitted him to interest himself in the striking phenomenon of the perpetual recurrence of the natural-law idea.

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Kamba customary law;: Notes taken in the Machakos District

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After the union of the Lombards to the Frankish kingdom, the capitularies made for the entire kingdom were applicable to Italy. It is true that it was treated with contempt by Pufendorf and Thomasius. Federal systems naturally have a bicameral legislature. The author points out that while customary law in Kenya was gradually eliminated, the post-colonial governments have not been proactive in changing the status quo, and also challenges the legislature to direct the future development of customary law in Kenya.

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[ The Persistent Objector and Customary International Law -

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The most influential criticisms of Austin's version of the pedigree thesis, however, owe to H. JustSpeak, Māori and the Criminal Justice System: A Youth Perspective (Position Paper, Mar. 2012), http://www.rethinking.org.nz/assets/JustSpeak/JustSpeak%20-%20Māori%20and%20the%20Criminal%20Justice%20System%20-%20A%20Youth%20Perspective.pdf. Now the supreme principles of speculative reason (the principle of contradiction, and so on, the immediately evident, axiomatic laws of thought) guide the intellect in its thinking.

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African Customary Law in South Africa (OUP Southern Africa)

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The word "repugnant" in the Proclamation No. 6 of 1900 means highly distasteful or offensive, opposed or contrary to, as in nature. Moreover, a piece of legislation is consolidated wherever possible to take into account legislative amendments. Less efficient rules may persist if the transition to more efficient alternatives is costly. In an ideal world, this is followed by publication of the text, but publication of treaties is far less regularized than publication of standard domestic law statutes.

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