10 Sep

Presidential Authority to Displace Customary International

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Discretion also keeps the Civil Code flexible. In the end, the people may even adjust their legal behaviour to this new legal approach and, as a result, this may lead to a reduced amount of court cases and less disturbances of business and private affairs. We cannot make exceptions for others or ourselves when it is convenient to do so. Again, a territorial corporation or a tribe does not become a state by the fact that international bodies or other states recognize it, as though international recognition were constitutive of right.

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09 Sep

Population growth and customary law on land: The case of

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For example, in relation to Vanuatu, Siobhan McDonnell (this issue) demonstrates how the identities manufactured by contemporary land legislation in Vanuatu, coupled with the social context in which they are situated, work to prevent ni-Vanuatu women from claiming, at least in most public contexts, their interests in land. View Article Google Scholar Harries J, Stinson K, Orner P: Health care providers’ attitudes towards termination of pregnancy: a qualitative study in South Africa.

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09 Sep

Development of customary law

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This is that the present pace of change is being propelled and accelerated at a momentum never encountered by the common law. Natural law permits acts that promote true happiness and prohibits acts that destroy it. Usually, this is all that is necessary to compel individuals to meet in both the family and community forums. In ancient societies a greater degree of psychological conformity was necessary. What has the court actually decided, and why?

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09 Sep

Punjab customary law. vol. I-5, 6, 6 (Rev. ed.) 8, 8(b)-11,

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That is, libertarians are likely to believe that each individual should have an equal right to basic liberties (or autonomy). If you use these phrases, then be sure to define them! The Stoic idea of an eternal law of the order of the universe was present to their minds. Using the theory’s concepts we examined how providers attempt to achieve a workable balance between these pressures and duties, by using their ‘discretion’ in deciding if and when to provide abortion services, and developing ‘coping mechanisms’.

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09 Sep

An approach to the study of customary law

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In contemporary South Africa this historical legacy can still be noticed as the debate for land distribution created by the apartheid and colonial history is on the centre stage of all political frontiers. One is called istihab, meaning continuity. This entry in the Legal Theory Lexicon theory will examine the concept of legitimacy from various angles. How can they defend customary law when they are not part of the debate? This formalism thereupon led to abstruse deductions that altogether disregard the social value of, for instance, marriage and the family as institutions.

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09 Sep

Tom Thomas Presents: Hindu Law and Judicature

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Last but not least, the book undoubtedly abounds with useful examples of the interaction between modernity's historical challenges to African customary legal systems, together with some views about the future, which are to be seriously considered. If we permit ourselves to think of contract law as the 'law' that parties themselves bring into existence by their agreement, the transition from customary law to contract law becomes a very easy one indeed." 131 When it is recognized that individuals had to voluntarily enter into a contract, it becomes clear why the Law Merchant had to be objective and impartial.

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09 Sep

Judicial Puzzles: Gathered From The State Trials

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An 9500 Spontaneous Emergence of Law: Customary Law 605 enforceable custom emerges from two formative elements: (a) a quantitative element consisting of a general or emerging practice; and (b) a qualitative element reflected in the belief that the norm generates a desired social outcome. the length of time and the universality of the emerging practice. Gorospe, “Discovering factors that influence the success of community-based marine protected areas in the Visayas, Philippines,” Ocean and Coastal Management, vol. 44, no. 11-12, pp. 683–710, 2001.

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08 Sep

The Common Law and Medical Knowledge: Politics,

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Criminal Responsibilities and Defences under the Nigerian Law Lagos: CSS Ltd., 2001. The second-order information would permit you to calculate the likelihood of drawing a white ball. C. 1152 (1817); the Assimilative Crimes Act, 30 STAT. 717 (1898); Public Law 83-280,Indians-Criminal Offenses and Civil Causes-State Jurisdiction, 18 U. Herein lies the significance of Socrates for the idea of the natural law. Adam Kolber, Smooth and Bumpy Laws, 102 Cal.

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08 Sep

Nigerian Law of Succession: Principles, Cases, Statutes and

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Welfarism: In the legal academy, "welfarism" is strongly associated with normative law and economics. (But in other disciplines, the terms "welfare" and "welfarism" have other meanings.) Of course, economists differ among themselves on the nature of welfare, but let us stipulate (for the sake of simplicity) that "welfare" in the economic sense is a function of "utility" and that utility for an individual is a function of the individual's ordinal preferences among states of affairs.

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08 Sep

The Etablissements de Saint Louis: Thirteenth-Century Law

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Most normative legal theorists explicitly or implicitly assert that their positions are true (or at least correct) and that inconsistent positions are false (or incorrect). Being is perceived as oughtness; the idea is perceived as goal and norm of making and doing. Customary law has perhaps fared worst from a lack of political will promoting its vigorous implementation.18 Most Pacific jurisdictions have constitutions that provide for the application of customary law.19 The extent to which they do so varies.20 Arguably the Constitution of Vanuatu is the most forceful in its advocacy of custom and yet judicial interpretation there has whittled down its status as a source of law there.

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