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Shona Customary Law: With Reference to Kinship, Marriage,

February 27, 2013 admin 0

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Thus, the external point of view is paradigmatically the point of view of a sociologist or anthropologist from a different culture, who observes the legal system. --Doctrinal theories (e.g. a theory of the Commerce Clause of the United States Constitution) are usually stated from the internal point of view. However, the choice between alternative states of the world, thus altering the outcome achievable under Harsanyi��s original model, with a bias toward equal considering the requirements of opinio iuris.
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Tribal Ethnography, Customary Law and Change

February 27, 2013 admin 0

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For example, the dispute resolution process could be handled through the appointment of a mutually acceptable arbitrator or mediator. No two juries will make precisely the same judgment to the same act of murder, rape or theft. Furusawa, “Do marine protected areas affect human nutrition and health? Quality of education, which is an important factor in high technology and other industries that require an educated work force. The third is the resultant doctrine of the autonomy of human reason which, in conjunction with the rationalism of this school, led straight to an extravagance of syllogistic reasoning, of deductively constructed systems that served to regulate all legal institutions down to the minutest detail: the civil law governing debts, property, the family, and inheritances as well as constitutional and international law.
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Ancient Laws of Ireland: Senchus Mor (Conclusion) Being the

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The Act also provides for the equal sharing of a joint estate created upon entering a civil marriage (ibid., Art. 4), unless a pre-nuptial arrangement has been made, with the exception of civil marriages between blacks in the area north of the former "Police Zone" [southern and central Namibia, where white settlements were concentrated under colonial rule (Namiseb 2008, 111)] (LAC 2009, 6-7). I adopt a novel position with regard to the debate on the constitutional inclusion of Islamic law and Muslim customary law, adopting an adjusted legal pluralist stance which supports a new hermeneutics of Shari’a law.
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Landless Gusii Women: A Result of Customary Land Law and

February 26, 2013 admin 0

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For all human laws are fed by one divine law.” 4 The laws of men are but attempts to realize this divine law. That is, end with something like, "Adopting a rule of comparative negligence is required by the theory that best fits and justifies the existing law of torts." It was systematically discovered established on historical experiences and historical events of generations for years and centuries. For tort law, harming others is considered unethical.
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The customary law of the Rawalpindi district (Punjab

February 26, 2013 admin 0

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The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.
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The Last Hours Before The Bar Exam: What you must do and how

February 26, 2013 admin 0

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Postmodernists are not atheists in the same sense that Secular Humanists and Marxist-Leninists are. One mode of expression was the alternative theory course—“Law and Economics” and “Law and Society” were the two leading competitors of “Jurisprudence.” Moreover, the tradition of distinctively legal thinking about high legal theory remains. Courts with different jurisdiction (e.g., the Industrial Relations Court) are not bound to the decisions of other courts, but may find those decisions persuasive if only to provide the system with consistency.
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The Law on International Water Resources: The Influence of

February 26, 2013 admin 0

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One of the difficulties with discussion of restraint and constraint is that these ideas have been imprecise and ambiguous. The theme concerns the investigation of the making of living customary law by non-state ‘actors’, or the evolvement of living customary law. Remember, the point of this Lexicon entry is to give you a rough understanding of uncertainty, risk, and ignorance. Deputy Chief Justice Moseneke declared: However, the question of developing customary law in this particular instance does not arise.
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Max Planck Commentaries on World Trade Law: WTO - World

February 26, 2013 admin 0

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Tazir: crimes against Muslims or non-Muslims where a Muslim judge uses his discretion in sentencing. The decisive differences between this newer natural law and that of the Scholastics are three in number. For example on the American frontier conflict consisted of mostly of fair fights conducted more or less in accordance with the code duello, and the rest was mostly straightforward uncomplicated ordinary everyday evil, simple crime, no deep philosophizing required.
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Customary Law of the Nomadic Tribes of Siberia

February 25, 2013 admin 0

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The second feature is the existence of value preferences prompted by national history. Ajani. into the family by the back door, nor is he permitted to fetter However, Chief Oyenuga acknowledged that since the concurrence of every member of the family may be impracticable especially where the family is large, the law is that for any such alienation to be valid, only the concurrence of the family head and the principal members shall be sought and obtained.
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Customary laws in North East India : impact on women

February 25, 2013 admin 0

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Moreover, they observe the co-existence of overtly incompatible norms that may breed conflict, either due to circumstances in a particular situation, or inherently due to their incongruous content. [5] This lack of rule classification and failure to eradicate internal inconsistencies between potentially conflicting norms allows for much flexibility in dispute settlement and is also viewed as a ‘strategic resource’ for disputants who seek to advance their own success in a case.
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