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Law and social change: A case study in the customary law of

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Language: English

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When nations are located in arid regions, conflicts become endemic and intense despite otherwise friendly relations or even membership in a federal union. 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. In MM, for example, the court used the literal interpretation method to protect the first wife and her child, albeit within the context of a customary marriage, but in the process the court overrode the interests of the second wife.[ 119 ] Both of these women were customary wives.

Pages: 0

Publisher: Manchester University Press] (1979)

ISBN: B0007B7V4U

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Perjury might be committed; the judge assigned to the case might be deranged. Our system of justice is hardly foolproof, but that does not entail the further conclusion that any result is legally correct. The upshot of this example of an easy case is this: there is at least one possible case in which at least one possible outcome is legally incorrect Neo-traditionalism and the customary law in Malawi. Women are said to enjoy the same social status as men, but old practices and hard-line interpretations have led to toleration of honour killings as part of the local culture Law and social change: A case study in the customary law of inheritance in Zambia online. They do whatever it bids.” The historian Xenophon (c. 430–c. 350 bce) relates in his Memorabilia a likely apocryphal conversation between a young Alcibiades and his guardian, the great Athenian statesman Pericles, in which the latter declares that “whatever the sovereign power of the state, having deliberated, enacts and directs to be done is known as law” and denies that mere compulsion exerted by a tyrant is sufficient to qualify as law pdf. Common law custom, the doctrine of stare decisis, and legislation sanctioned by the subjects' legitimate representatives are all evidence of consent. The third principle is the principle of autonomy, which addresses both the content and the creation of law. Laws must wield supremacy over political rulers. The ruler must be under the same laws as his subjects, and the laws must not be subject to arbitrary change to reflect the ruler's will A digest of civil law for the Punjab: Chiefly based on the customary law as at present judicially ascertained. On matters of methodology, later commentators on Austin's work have had difficulty determining whether he is best understood as making empirical claims about the law or conceptual claims; elements of each sort of approach can be found in his writings (Lobban 1991: pp. 224–225; Cotterrell 2003: pp. 81–83). Hart revived legal positivism in the middle of the 20th century (Hart 1958, 1994), he did it by criticizing and building on Austin's theory: for example, Hart's theory did not try to reduce all legal rules to one kind of rule, but emphasized the varying types and functions of legal rules; and Hart's theory, grounded partly on the distinction between “obligation” and “being obliged,” was built around the fact that some participants within legal systems “accepted” the legal rules as reasons for action, above and beyond the fear of sanctions pdf.

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The case law reads like a jurisprudential chronicle of factual situations never contemplated by the legislator, and the judiciary is forced to resort to innovation to solve the intricacies of a constitutionalized mixed legal system. Recently, the Constitutional Court in Gumede v. President of Republic of South Africa referred to this disharmony by stating (in the context of customary marriages): At one level, the case underlines the stubborn persistence of patriarchy and conversely, the vulnerability of many women during and upon termination of a customary marriage **REPRINT** Colonial Administration in British Hong Kong and Chinese Customary Law. The idea of natural law obtains general acceptance only in the periods when metaphysics, queen of the sciences, is dominant Ghana customary law of succession to self-acquired property and statutory law of intestacy. With the advent of the Land Use Act, in Ikorodu the quantum of parcels of land over which a customary landowner may exercise the right of control and management depends on two basic considerations namely, whether the land is situate in urban or non-urban area and whether it is developed or undeveloped. Where such land is situate in an urban area and developed, the customary landowner shall continue to hold the totality of same as if a right of occupancy is granted by the Governor Hui Islamic customary law of(Chinese Edition).

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For the rational, free nature of man this signifies: Act in accordance with reason; bring your essential being to completion; fulfill the order of being which you confront as a free creature. 2 The order of all being has its principle in God: as order of essences in God’s essence, as created existing order in God’s will download. Almost every law student begins to think thoughts like, "What we are doing in contracts is connected to what we are doing in torts" or "It is all starting to fit together in one big picture." But the state of another man's mind, or of his digestion, is an objective fact. When it has to be proved, it is to be proved in the same way as other objective facts are proved. A jury must consider the whole of the evidence relevant to it as a fact in issue. If an accused gives evidence of what his intentions were, the jury must weigh his testimony along with whatever inference as to his intentions can be drawn from his conduct or from other relevant facts pdf. 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. Hart has a number of subsidiary objections as well, such as nullity not always being a source of evil (for instance, to the judge who rules without jurisdiction) Landless Gusii Women: A Result of Customary Land Law and Modern Marriage Patterns. Working Papers in African Studies No. 29. This function is fulfilled, more specifically, in private and public law download. The divine will brings them into existence either immediately as first cause or indirectly through secondary causes. This is basic for the possibility of the natural law, because it means that the essential forms are not dependent in their quiddity on the absolute will of the almighty Spirit, but only in their existence. The essential forms of things are unalterable because they are ideas of the immutable God epub. Parker, 111 CLR (1963) 610, at 632 (‘[h]itherto I have thought that we ought to follow decisions of the House of Lords, at the expense of our own opinions and cases decided here, but having carefully studied Smith's Case I think that we cannot adhere to that view or policy Cultural, Religious, and Ideological Perspectives on the Just War Doctrine and the Customary Laws of Armed Conflict: Western and Islam.


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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 download. Abortion policy in Ghana is currently a particular priority for investigation because of the unexpectedly low impact its effective legalisation has had on reducing the maternal mortality rate in Ghana – the reduction of which remains a priority of the Government of Ghana epub. Nowadays, the application of Muslim customary law is explained by different factors: the political context; popular support; a lack of engagement with the State legal system; and ethnic motives. 70 The consequences of including customary law in the constitution are just as problematic as the exclusion of customary law Law and social change: A case study in the customary law of inheritance in Zambia. But by and large legal historians in history departments wear at least two hats as historians of, say, the early American republic and as historians of law. It is undeniable that historians on law faculties perform similar labors as they juggle black letter teaching and historical research (when the two do not converge) download Law and social change: A case study in the customary law of inheritance in Zambia pdf. The phrase “the greater good” is at last starting to sound like a polite euphemism for lawless state violence. People are becoming embarrassed to use it, whereas a decade or so ago there was no such embarrassment. In the west, for the last four hundred years, society been shaped by ideas, with a lag of roughly one human lifetime between the idea and the social order Ideas and Procedures in African Customary Law: Studies presented and discussed at the Eighth International African Seminar at the Haile Sellassie I University, Addis Ababa, January 1966. Despite all distinctions of objects or ways of experiencing and looking at the one reality, and notwithstanding all the differences of methods, the sciences form an integrated system The native and customary courts of Nigeria (Law in Africa). Naturally, this sort of ‘Christianity’ had absolutely nothing to do with biblical teaching, but was rather a product of liberal Protestant theology. According the Professor Emeritus of History at the University of British Columbia, J. Conway: ‘The leaders of the [German Christian] movement, Pastors Julius Leutheuser, Joachim Hossenfelder and Siegfried Leffler, strove to convince their fellow clergy that only a completely new interpretation of Christianity … could meet the needs of the new age download. Grotius’ undying merit was his systematizing of international law, which he placed upon the solid foundations provided by natural law. Grotius, who paid homage to his predecessors, to Vittoria and Suarez among others, lived in an age of fierce wars. The civitas christiana was being rent asunder in its great civil war (Thirty Years’ War, 1618–48), which, like all civil wars, was being fought with enormous cruelty and frequently outside the pale of legal norms pdf. Ulpian has given immortal expression thereto. Speaking of those who Edition: current; Page: [189] apply themselves to the study of law, the art of knowing what is good and just, he wrote: “Anyone may properly call us the priests of this art, for we cultivate justice and profess to know what is good and equitable, dividing right from wrong, and distinguishing what is lawful from what is unlawful; desiring to make men good through fear of punishment, but also by the encouragement of reward; aiming (if I am not mistaken) at a true, and not a pretended philosophy.” 18 ‡ From a purely factual standpoint the history of the natural-law idea teaches one thing with the utmost clearness: the natural law is an imperishable possession of the human mind The Kipsigis : a case study in changing customary law.