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The choice of [Chinese] customary law in Hong Kong

February 23, 2013 admin 0

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Corporations are artificial or nonnatural because they are the creations of the law. It is a broad principle of property law that, if something has gone on for a long time without objection, whether it be using a right of way or occupying land to which one has no title, the law will eventually recognise the fact and give the person doing it the legal right to continue. For example, some critics of the Warren Court may have believed that the Court's privacy decisions (e.g., Griswold v.
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Working paper on customary law of succession

February 23, 2013 admin 0

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If no third parties were affected (and assuming that consent was freely given on the basis of adequate information), then the consented-to activity would maximize utility. This corn gallon holds 268.8 cubic inches. And while Blackstone prevails as the principal source for pre-American precedent in the law, it is interesting to note that there is still room for the influence of Roman civil law in American legal tradition.
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Burial disputes in modern Kenya: Customary law in a judicial

February 23, 2013 admin 0

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A Preliminary List of the Judicial Virtues So let's make a tentative list of judicial virtues: Judicial Sobriety--Sober as a judge" is the say that expresses the idea that judges should have what was classically called the virtue of temperance. Cokie Roberts will moderate as well as represent congressional correspondents and popular historians. There are, however, a growing number of exceptions to this hegemony. This resulted in the exclusion of Elizabeth Gumede from the family property or, as she put it: “I will be the owner of none of the property, and will remain property-less” (Gumede 2008, supra note 44 at para 5).
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THE RESTATEMENT OF AFRICAN CUSTOMARY LAW: A COMMENT

February 23, 2013 admin 0

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Rather, the requirement is that citizens “may reasonably be expected to endorse” the constitutional essentials. External aspects manifest in regular, observable behaviour, but is not obligatory. I am deferring to Dennis's experience and reliability in forming my own beliefs--because this form of deference is about knowledge, we can call it "epistemic deference." You just finished watching your 200th lesson and earned a badge! One of these is the notion of the "social contract"--familiar from Hobbes, Locke, and Rousseau.
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Punjab Customary Law. Vol. I-5, 6, 6 (rev. Ed.) 8, 8(b)-11,

February 23, 2013 admin 0

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Hordes of armed refugees wandered this way and that, thus tribal and customary law was often inadequate for resolving disputes. In the language of sociobiology, humans are social, but not eusocial. This submission highlights the dangers relating to the introduction of forms of recognition of customary law where they are not sufficiently based in the traditions and customs at the local level or adequately supported by institutional support and capacity building. That’s the principle …” Obstetrician 6, age 70 Obstetrician 13, a younger professional, also acknowledged that obstetric practice demands that they save the mother rather than the foetus and recognised both mental and physical reasons for an abortion.
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Judicial Puzzles: Gathered From The State Trials

February 23, 2013 admin 0

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In almost every sense, he was an authentic libertarian who championed private property, personal charity, women’s suffrage, and civil liberties in general. 13 Curiously, Spencer was the first to coin the phrase ‘survival of the fittest’ to explain the evolution of human societies. From ancient law we get the Patriarchal Theory. The divergence in behavior among officials as exemplified in their identifying different standards as legal ones does not establish their failure to accept the same rule of recognition.
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What is to be done with African customary law?: The

February 22, 2013 admin 0

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The Federalists were eager to avoid full-fledged democratic deliberation over the Constitution, and the document that was ratified was stacked in favor of their preferences. Moreover, common law, being more vulnerable than civil law to foreign intrusions because of its less systematic structure and less coherent nature, was "civilised" at various points throughout history, particularly in recent years. [27] In 1832, the Chancellor's permission to take suit was eliminated. [28] In 1852, forms of action were abolished. [29] In 1873, the Courts were unified. [30] In 1875, a Court of Appeal was established. [31] New substantive law of a civilian flavour was introduced (see infra) and recently, case management rules have been added.
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US Army, Technical Manual, TM 5-5420-280-23&P, RAPIDLY

February 22, 2013 admin 0

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Several Institute members (some of whom were also Jewish) moved abroad, especially to New York City, where they continued their activities. Consequently it pertains to the nature of human actions that they are somehow determined by reason and are in agreement with it. The first written constitutions were English colonies constitutions in the North America after its freedom in 1776, USA Constitution in 1787 that still remains. These principles are not rights and cannot be enforced in a court of law, and the state is not under any legal obligation to respect them.
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Judicial Puzzles Gathered from the State Triala

February 22, 2013 admin 0

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The existence of a modern lex mercatoria remains a controversial one, especially in common law countries, where some critics deny that there can be any such thing as transnational norms having legal force independent of contractual incorporation, national statutes or international Conventions. It is true that it was treated with contempt by Pufendorf and Thomasius. Such a determination presupposes the conditions of a so-called ideal-speech situation, whereby nobody who is competent to speak would be denied to bring up any argument or question deemed relevant and would not be excluded from debate.
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Customary Laws of Succession in Eastern Nigeria (Law in Afr.

February 22, 2013 admin 0

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Under Vyshinskii’s aegis the whole vocabulary of “rights,” “duties,” “legality,” “contract,” “ownership,” “inheritance,” “fault,” “independence of the judiciary,” “right to counsel,” “burden of proof,” and the like was carried over from the NEP period and rebaptized as “socialist both in form and in content.” Moreover, the escape clauses of the NEP codes, such as article 1 of the Civil Code and the doctrine of analogy in criminal law, were greatly restricted in their application.
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