The Fair and Equitable Treatment Standard in International

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Law exists prior to jurists and legal philosophers. For so must we designate an ethics which holds with Friedrich Paulsen, for example, that morals or mores “are, like instincts, … purposive modes of behavior for solving the various problems of life,” 4 or in the form of pragmatism identifies the good with what is useful and successful, and evil with what is detrimental and unsuccessful (biologism). That is, decision, d, might result in the price of a given choice P(c1) being greater than that price would have been if an alternative decision, d′, had been made.

Pages: 300

Publisher: Oxford University Press; 1 edition (May 11, 2008)

ISBN: 0199235066

Juridical Techniques And The Judicial Process

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The law of order, then, does not lie in the bare, positively promulgated Edition: current; Page: [154] will of God, but in the nature of things as God’s wisdom ordains them The Legitimate Use of Military Force: The Just War Tradition and the Customary Law of Armed Conflict (Justice, International Law and Global Security) Both of these statements occur in the context of legislation that is based upon the creation by the state of property rights in traditional knowledge that are vested in 'owners' of those rights, be they a community or an individual Customary law and the economy The Indigenous Law Centre was established in 1981 to develop and coordinate research, teaching and information services for Aboriginal people and the law online. There is a further irony on this page, namely that Simpson formulates his objection to positivism by suggesting that, Formulations of the common law are to be conceived of as similar to grammarians' rules, which both describe linguistic practices and attempt to systematize and order them; such rules serve as guides to proper practice since the proper practice is in part the normal practice; such formulations are inherently corrigible, for it is always possible that they may be improved upon, or require modification as what they describe changes. (94) But surely, one thinks, the "positivist" theory of grammar is the correct one Chinese Customary Law (Revised Edition) read here! Interpretation is about meaning in the linguistic sense. Vagueness and Ambiguity The interpretation-construction distinction is closely connected to another distinction--between vagueness and ambiguity. There is a entry in the Legal Theory Lexicon on vagueness and ambiguity so I will be very brief here. A word, phrase, sentence, or clause is ambiguous if it has more than one sense: for example, the word "cool" is ambiguous because it can mean (a) hip, (b) of low temperature, or (c) of even temperament ref.: Russian Traditional Culture: Religion, Gender, and Customary Law

Although God endows man with reason and free will, man is still "entirely dependent" on God Cases on native customary law in Sarawak This question (which may sound pedantic) is actually incredibly important, and a good deal of confusion can be avoided if we are careful about the way we use this slippery word. Consider the following senses of the word meaning: Linguistic meaning The primary sense of "meaning" is used in expressions like, "What does that word mean?" or "What did he mean by that?" Many left-anarchists and anarchist sympathizers have also been attracted to Guild Socialism in one form or another. McCain thoughtfully explores Guild Socialism as an alternative to both capitalism and the state in "Guild Socialism Reconsidered," one of his working papers The customary law of the Dinka read online This customary law, first reduced to writing in France in 1580, applied in the City of Paris and the surrounding province of Ile-de-France and was administered judicially by the Parlement de Paris. The Coutume was imposed on New France by King Louis XIV's Edicts of April 1663 [63] and May 1664. [64] Because it was directed primarily at rights in immoveable property (particularly the feudal rights of seigneurial ownership), rather than at the law of persons, however, the Coutume de Paris was supplemented in the latter regard by Roman law, as systematised and formulated in the doctrinal writings of eminent French legal scholars, especially POTHIER (1669-1772) and DOMAT (1625-1696), as well as by the Canon Law of the (established) Roman Catholic Church , e.g. Code of Federal Regulations, download pdf

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The purpose of orgasms would be more than to produce offspring. PROBLEM: the physical record may not be all that clear and open to interpretation. There is evidence of same sex couplings in species other than human pdf. Instead, wherever possible, links should be made between state and customary institutions, such as chiefs and other traditional leaders, which are best placed to apply customary norms. The creation of linkages can have a number of advantages over subordination of customary norms to state processes. It responds to the idea of harnessing voluntary and legitimate social ordering and only resorting to state sanctions when this fails. [57] It also recognises that state forms of ordering themselves need to be subjected to oversight by other social institutions, and thus in a healthy regulatory system, mutual monitoring is both necessary and legitimate Customary Law Of The Gujrat District... Such views can emanate from a tired agnosticism that admits no metaphysical foundation of law. They can also spring from a strong feeling against the rationalist deductions of the natural-law doctrine which prevailed in recent centuries , e.g. CUSTOMARY JUSTICE AND THE RULE OF LAW IN WAR-TORN SOCIETIES CUSTOMARY JUSTICE AND THE RULE OF LAW IN. The Land Use Act has however converted all unlimited interest to Rights of Occupancy which is the only interest that may be retained or transferred so that today, a family retains a Right of Occupancy on family property which may be assigned with the consent of the family and the Governor , source: Methods and forms of investigating and recording of native customary law in the Netherlands East Indies before the war Secondly, interpretation of the written law in accordance with justice and equity is achieved through the ethos of the true judge. Lastly, the world of positive law has been progressively penetrated by the principles and prestige of Christian ethics. 16 Modern totalitarianism with its depersonalization of man, with its debasement of man to the position of a particle of an amorphous mass which is molded and remolded in accordance with the shifting policy of the “Leader,” is of its very nature extremely voluntaristic , cited: Fanti customary laws: a brief read epub Fanti customary laws: a brief.

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As is commonly the case throughout the world, the lower basin nations are wealthier and more highly developed than the upper basin states Working paper on customary law read epub read epub. Taking into account that the drafters of the Recognition Act must have realized that the registration of customary marriages, if made a requirement, could result in void marriages, section 4(9) of the act specifies that “[f]ailure to register a customary marriage does not affect the validity of that marriage.” However, when section 7 was drafted, the legislature could not foresee that a new voidable marriage might be created, and it seems as if history is repeating itself , e.g. Customary law of the Multan read here This includes by ensuring women and children the full protection of the law from family violence. Usual customary and reasonable charges (UCR charges) refer to the base amount that is treated as the standard or most common charge for a particular medical service when rendered in a particular geographic area Customary Law, India 16th read pdf The inconsistencies of spelling are inherited from the reported judgement. Implicitly a local statutory provision or a rule of British or French origin. It seems that even 'substantial justice’ has priority over custom. Aleck J ‘Beyond Recognition: Contemporary Jurisprudence in the Pacific Islands and the Common Law Tradition’ (1991) 7 QUT 137, analyses this and advances other intriguing theories on custom and non-customary law Customary Law of the Muzaffargarh District I speak my languages and I keep my culture but that doesn’t stop me living in the other [Western] world. Religious law refers to the concept of a religious system or document being used as a legal resource, refers to the concept that the word of God is law , source: Customary Law, India 16th Edition Customary Law, India 16th Edition. Create chapters to group lesson within your course. Remove and reorder chapters and lessons at any time. Share your Custom Course or assign lessons and chapters. Share or assign lessons and chapters by clicking the "Teacher" tab on the lesson or chapter page you want to assign **REPRINT** Colonial Administration in British Hong Kong and Chinese Customary Law read epub. Both of these tendencies are already plainly visible in the first Sophists and in Heraclitus, the great forerunner of Plato. Heraclitus of Ephesus (cir. 536–470 b.c.) is famous for his thesis that “all things flow; nothing abides.” But this ceaseless changing of things led him directly to the idea of an eternal norm and harmony, which exists unchangeable amid the continual variation of phenomena , source: The Social Organisation and download pdf download pdf. Harris The Roman Catholic Church understands natural law to be immanent in nature; this understanding is in large part due to the influence of Thomas Aquinas ( 1225 - 1274 A Miao Customary Law of Forest Protection(Chinese Edition) At midcentury, then, these Catholic thinkers were confident that the crisis of the Second World War provided an opportune moment for reconsidering democratic institutions in light of traditional natural law theory. Because this Scholastic tradition informs almost every page of Rommen’s The Natural Law, it will be helpful briefly to examine it , cited: Gypsy Law: Romani Legal Traditions and Culture People may agree on a mid-level principle but disagree both about the more general theory that accounts for it and about outcomes in particular cases The Tort of Conversion read pdf

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