08 Sep

Nigerian Law of Succession: Principles, Cases, Statutes and

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 13.72 MB

Downloadable formats: PDF

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.

Pages: 452

Publisher: Malthouse Press (June 27, 2007)

ISBN: 9780231935

THE SOCIAL ORGANIZATION AND CUSTOMARY LAW OF THE NEPALESE TRIBES

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They were haunted by the spectre of ‘wrongly related couples publicly proclaiming their resolve to remain together as man and wife.’21 The Jigalong experience may be unique in its particulars, but similar developments have occurred in other places. Strehlow, the son of a Lutheran missionary and no friend of white settlers, reported that their arrival in Central Australia in the late nineteenth century led to a breakdown of the marriage monopoly enjoyed by older men epub. There are also legal systems that differ significantly from the common-law and civil-law systems. The communist and socialist legal systems that remain (e.g., in Cuba and North Korea) operate on very different assumptions than those of either English common law or European civil law online. The use of religion for public law has a static and permanent quality, preventing improvement during legislative acts of government or development during judicial antecedent Customary Justice in South Sudan: Application of Customary Law in Statutory and Bench Courts in South Sudan/Jonglei State. They are not explicitly elected to office; rather, they lead by the tacit consent of their followers, and they lose their leadership when their people begin no longer to accept their suggestions …As it is, their leadership is confined to action in routine matters Nigerian Law of Succession: Principles, Cases, Statutes and Commentaries online. The doctrine of precedent is founded on the objective of law that ensures that like cases are decided alike pdf. Its aim, as described in the background to the bill, is “to provide statutory recognition of Muslim marriages in order to redress inequities and hardships arising from the non-recognition of these marriages” (ibid) download. For since legislation binds because it has been accepted by the judgment of the people; then those things that the people have approved without writing will bind all. Thus, custom is law because the people accept it as law. Can you state the problems of this theory? The theory of the tacit consent of all tells that custom would be transformed into customary law if and only if all members of a given community agree on such transformation National Traditions and European Community Law: Margarine and Marriage.

Download Nigerian Law of Succession: Principles, Cases, Statutes and Commentaries pdf

Why do you think for example, the payment of dowry is the rule of law? Because of the element of acceptance by the community. The key factors in determination whether the custom has acquired the force of law are usage and acceptance. The Uganda Magistrates Act says: The Kenyan law does not formally define customary law, the closest to definition is found in the Magistrates Courts Act at section 2, which merely defines what a customary law claim under the Act means Hui Islamic customary law of(Chinese Edition). The property regime for marriages concluded before 15 November 2000 posited that such marriages were governed by customary law, whilst those concluded on or after 15 November 2000 were in community of property, except where the spouses had concluded an antenuptial contract An approach to the study of customary law. In the absence of fixity, morals, politics, and religion are subject to radical renegotiation and transformation Law and Justice in Tokugawa Japan Part IV-B Contract: Commercial Customary Law.

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In other words, poking holes may be enough. Once the theory in question is no longer the status quo, the question becomes is the new theory demonstrably better than what we've got now. --Deny the Theory Assumption. "It takes a theory to beat a theory" assumes that the issue at hand is one which is properly addressed by a theory. Let's call that, "the theory assumption." The parties, to all intents and purposes, remain legally married under that system, and their children should be regarded as legitimate issues of a customary-law marriage. Where the subsequent marriage is voidable, it will have the same effect on a previous customary-law marriage as a non-defective statutory marriage Customs and customary law in British India. What does it mean to say that a given rule fits the legal landscape? Suppose you are a judge deciding whether your jurisdiction will adopt the rule of contributory negligence or will choose instead to follow the comparative negligence approach online. Principles of Equity Benin City: Ethiope Publishing Corp., 1981. Bibliography of Nigerian Law Reports Lagos: Nigerian Institute of Advanced Legal Studies, 1995. Nigerian Legal Bibliography: a classified list of materials related to Nigerian Law Dobbs Ferry, NY: Published for the Nigerian Institute of Advanced Legal Studies, Lagos by Oceana Publications, 1983 download Nigerian Law of Succession: Principles, Cases, Statutes and Commentaries pdf. At the other end of the spectrum, in an arbitration the parties agree to abide by the arbitrator’s decision even if it completely against their point of view. Arbitration was especially important in the development of international law before the creation of permanent international courts, and has continued to be used in sensitive situations, like the dispute between New Zealand and France over the French Secret Service’s limpet mining of the Greenpeace ship "Rainbow Warrior" in a NZ harbor epub.

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Because any offspring would not be considered his child, Onan decided to use a common and relatively ineffective contraceptive technique to prevent conception. That is, he disengaged from Tamar just before he ejaculated, and "spilled his semen on the ground." (NIV) God was displeased at this action and killed Onan also -- presumably because he refused to follow Jewish tradition Customary law in Namibia : development and perspective ; Namibia : customary land law and the implications for forests, trees, and plants (final report). The rule of recognition provides “a rule for conclusive identification of the primary rules of obligation.” It also provides Hart's criterion for legal validity epub. In addition to this legislation, tikanga Māori is relevant in land-related (and other) claims before the Waitangi Tribunal, as well as in relation to native title claims before the courts. This latter area has been particularly prominent in recent years due to court cases, political debate, and legislation regarding Māori rights to areas of the foreshore (intertidal zone) and seabed pdf. She wants endangered species to be saved Customary Law of Nyishi Tribes of Arunachal Pradesh. In other words, poking holes may be enough. Once the theory in question is no longer the status quo, the question becomes is the new theory demonstrably better than what we've got now. --Deny the Theory Assumption. "It takes a theory to beat a theory" assumes that the issue at hand is one which is properly addressed by a theory epub. On 24 July 1953 they went through a second ceremony of marriage at St Customary Law of the Muzaffargarh District. The president heads the Superior Judicial, the body that supervises judicial activity, and the Ministry of Justice appoints judges and oversees law enforcement online. The study involves an examination of the source of the policy, the policy's historical and contemporary circumstances, its role in the present Nigerian justice systems, and its consequences for the growth of the country's native justice systems. By a content analysis of the case studies, the researcher concludes that the justice policy hinders - more than it helps - the growth of the native justice systems Without Chiefs there would be no Game; Customary Law and Nature Conservation. These judicial decisions, if issued by the highest court in a jurisdiction, are binding on all other lower courts within that same jurisdiction. To ensure predictability in the law, high courts are expected not to overturn their own precedents in the absence of strong justification. Though new rules are adopted from time to time and judicial decisions can be overturned, these new rules or decisions also become binding precedents, thus restoring certainty to the law pdf. The institution should be the one within a given jurisdiction which has the power to make such statements, such as the Department of State for the United States Neo-traditionalism and the customary law in Malawi. Support for this view is found in the principle formulated in two English cases, mspite of the fact that they dealt with Greek dowry and Indian dower, which differ radically from the Nigerian dowry A Digest of Civil Law for the Punjab, Chiefly Based on the Customary Law as at Present Judicially Ascertained..