06 Sep

Customary Law Essays : Contemporary Chinese legal

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P. and Wegner, G. (eds), Zwischen Institution und Evolution. Though the preoccupations of the realists were empirical (that is, attempting to identify the psychological and sociological factors influencing judicial decision-making), their implicit conceptual commitments were decidedly positivistic in flavor. It was here that the definite break with tradition took place. More influential than Posner's descriptive claims is his normative view that law should strive to maximize wealth.

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06 Sep

Tribal Customary Laws of North-East India

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But something became quite clear as the years became decades: there were no winners in the debates between and among the advocates of big normative theories. Foolish judges are likely to make impractical demands are the lawyers and parties who appear before them. Here Hobbes resorts to an old fiction of the Roman jurists that “whatever the sovereign permits, he commands”; Hobbes thus argues that common law is “the King’s law, whosoever pens it.” In this view, the fact that a sovereign tolerates a custom or common law judgment means that the sovereign has authorized it.

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06 Sep

The recognition of aboriginal tribal marriage: Areas of

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Again, this is in aid of building a postmodern philosophy of law which recognizes the social sources of law on the one side and the human role in creating and interpreting law on the other. Finally, the researcher was included because she worked in a public health institution, had had regular contact with health providers, and was actively involved in many meetings, conferences, and research on abortions. Bowen’s eight concepts are as follows (Goldberg, Family Therapy, 1996, p 169): Differentiation of self is the separation of one’s intellectual and emotional functioning process from others.

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06 Sep

In the Court of Deadly Assumptions: Another Wrongful

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Relatively few crimes are solved, few criminals convicted. The ton, originally a unit of wine measure, was defined to equal 20 hundredweight or 2240 pounds. Under the law of the roman empire any association not compulsory was forbidden. If the old distinction between unlawful sedition Edition: current; Page: [233] and justifiable resistance to the power of the state (i.e., revolution)—a distinction which played such a vital role in medieval legal thought in the form of the common subjection of people and ruler to the law 15 —has progressively disappeared in the modern age, this is due to several factors.

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06 Sep

Customs & customary law in British India

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One way to encourage managers to properly implement the MOH policies on safe-abortion services would be to run a series of training sessions on what the policy means and what is possible in law to dispel incorrect notions of illegality. Close inspection has shown that the characteristic differences between common law and civil law ought not to beexpressed in the frequently used antitheses of codified versus uncodified law, or of statute law versus judge-made law, and even less in that between authoritarian versus libertarian law.

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05 Sep

The End of Customary International Law?

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As always, the Legal Theory Lexicon is aimed at law students, especially first year law students with an interest in legal theory. Professor JaanSootak and Judge PriitPikamäe note in their commentaries on the Penal Code that as diplomatic immunity derives directly from international law, it is not necessary to include a relevant provision in the Penal Code.*40 The authors of the Penal Code obviously relied on the previously mentioned direct applicability and status of general principles of international law.

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05 Sep

Gypsy Law: Romani Legal Traditions and Culture

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The significance of customs here is that they give rise to expectations that guide people's actions, and what will be regarded as binding will therefore be those practices that everybody counts on being observed and which thereby condition the success of most activities. 26 Customary law is recognized, not because it is backed by the power of some strong individual or institution, but because each individual recognizes the benefits of behaving in accordance with other individuals' expectations, given that others also behave as he expects.

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05 Sep

**REPRINT** Fanti law report of decided cases on Fanti

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In keeping with this view was a political theory that manifested itself in the two extremes of Hobbes’ omnipotent monarchy and Rousseau’s omnipotent democracy: the princely police-state with a maximum of functions and the constitutional state of 1789 and later with a minimum of functions. Societal regression depicts Bowen’s thinking on society’s emotional functioning. Thomas only from a very imperfect history of philosophy? The "reasonable and customary charge" is defined as "the usual charge of other doctors or other providers of similar training or experience in the same or similar geographic area for the same or similar service or supply."

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05 Sep

The native and customary courts of Nigeria (Law in Africa)

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This is a situation where rules are unlikely to work well, and therefore standards or discretion seems appropriate. The violent wrath of their subjects was so great, that the government back tracked and chose to respect the property rights of their subjects, in violation of their own “rule based procedures for property allocation.” Those of us who seek to protect and restore freedom must avoid using the words our enemies seek to impose on us.

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05 Sep

Ao Naga customary laws

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Private goods are rivalrous and excludable. The RD of a case has a binging effect for future cases that are similar, whereas an OD is not binding. Remeber the good old days when international law was about State to State relations or how one State treated the nationals of another State. First published Sat Feb 24, 2001; substantive revision Fri Feb 21, 2014 John Austin is considered by many to be the creator of the school of analytical jurisprudence, as well as, more specifically, the approach to law known as “legal positivism.” Austin's particular command theory of law has been subject to pervasive criticism, but its simplicity gives it an evocative power that continues to attract adherents.

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