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Caught in the Middle: Indigenous Interpreters and Customary

February 22, 2013 admin 0

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As the California court noted, “While an employee sacrifices some privacy rights when he enters the workplace, the employee’s privacy expectations must be balanced against the employer’s interests.…[T]he point here is that privacy, like the other unalienable rights listed first in our Constitution…is unquestionably a fundamental interest of our society.”Rulon-Miller v. 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.
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Customary law in northern Sinai

February 22, 2013 admin 0

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Of course, as a practical matter, contract law doesn't have to cover all the contingencies. SHAW QC, INTERNATIONAL LAW, Sixth edition (CAMBRIDGE UNIVERSITY PRESS 2008) p. 93. Scope of Government, Lanham (MD), University Press of America. This outcome, it is argued, has serious implications for the forging of a constitutionally inclusive citizenship. Obviously, we are dealing with a metaphor here. Indeed, the conventional industrial proletariat (for instance, so-called “blue-collar workers”) often hold rather “conservative” (e.g. moralistic) views of criminality.
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[ [ [ Abstract of the Code of Customary Law for the Amritsar

February 21, 2013 admin 0

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One of these is formal rationality, or the view that the modern, Western orientation towards the supremacy of reason and efficiency has produced a situation where means are separated from ends. There is not, however, agreement as to which element should be considered in setting up these groups and, therefore, what different families should be recognised. The first is broadly known as "left-anarchism," and encompasses anarcho-socialists, anarcho-syndicalists, and anarcho-communists.
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The co-existence of customary law and general law in Uganda:

February 21, 2013 admin 0

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While this assessment is now part of most constitutional endeavours, conflicts between different sources of law need to be understood and interpreted in a new framework for the creation of a successful pluralist constitutional system. Usufruct can be established on all kinds of objects, therefore on movable and immovable property, debt-claims, intellectual property rights and so on. So-called “inclusive positivists” (e.g., Waluchow (to whom the term is due), Coleman, Soper and Lyons) argue that the merit-based considerations may indeed be part of the law, if they are explicitly or implicitly made so by source-based considerations.
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The Use of customary law in the criminal justice system 1-5

February 21, 2013 admin 0

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Similarly, Navajo courts incorporate Navajo common law in decisions in probate, criminal, and child custody cases, and marital conflicts. [13] For many tribes along the Northwest coast such as the Yurok, customary laws dictate the areas where families can conduct their fishing, hunting, and gathering. Newton, professor of the practice of law, Vanderbilt University Law School “Efforts at law and development have proven extremely difficult under favorable circumstances, and all but impossible in postconflict situations.
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Women on Campus: The Unfinished Liberation

February 21, 2013 admin 0

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Succeeding generations of legal scholars throughout Europe adapted the principles of ancient Roman law in the Corpus iuris civilis to contemporary needs. In about 1140, for example, Gratian, a Camaldolese monk from Bologna, produced the Concordantia discordantium canonum (Concordance of Discordant Canons). In line with the democratic principle of the separation of powers, the French judiciary - although its members are state employees - is independent of the legislative authority (government).
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Proving Customary Law in the Common Courts of the South

February 21, 2013 admin 0

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Such powers can be administered directly or through the Vice President or Ministers or officers of the government. Water, it turns out, is too vital a resource for nations to fight over. Participants are compelled to comply through the same interlocking obligations established in individual and community relationships. By its very nature it evolves as the people who live by its norms change their patterns of life…In applying indigenous law, it is important to bear in mind that, unlike common law, indigenous law is not written.
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Report on land tenure in customary law of the non-Akan areas

February 21, 2013 admin 0

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The greater the family’s fusion, the greater the likelihood that anxiety will be present within the family and the family will seek resolution through fighting, distancing, etc. The UTS Open Access Policy requires UTS research outputs to be openly available via OPUS. View at Publisher · View at Google Scholar F. Folke, Navigating Social–Ecological Systems: Building Resilience for Complexity and Change, Cambridge University Press, Cambridge, UK, 2003.
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The customary law of immovable property and of succession

February 20, 2013 admin 0

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Another leading consequentialist was John Stuart Mill, who was a disciple of Bentham, but who differed with him on some important points. Today the metric system, or SI system (Systeme International d'Unites), exists side by side with the U. The above quotation hints at the essential nature of Luhmann’s thought – no “accepted wisdom” of the social science tradition could be left unexamined. Actually, however, he examines whether the act is reasonable, and he disallows it if he finds it arbitrary.
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Custom's Future: International Law in a Changing World

February 20, 2013 admin 0

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Julilly Kohler-Hausmann’s Getting Tough: Welfare and Imprisonment in 1970s America is much anticipated (slated for 2017). Blackstone's Commentaries adopts these exact precepts. (Blackstone 1828, p. 27). For example, if we adopted an internalist view of moral motivation (i.e., that what is morally good necessarily provides motivation) then we might conclude that our view of the human good must have a certain form if it is to play this motivational role.
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