• Customary
  • Juridical Techniques And The Judicial Process

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    Her areas of research include law librarianship, legal research methods and information technology and law. The key question is whether this role will be performed in or out of the formal juristic order. Kosoko, the plaintiff claimed as against the defendants an order of the court for an account of all rents and menses profits of the family property which the defendants as trustees had managed for about forty years before the action was brought. I am elderly and in poor health; $20,000 per year will not even pay for the medical care necessary to sustain my life.
  • Customary
  • New frontiers of antitrust 2014 (Competition Law/Droit de la

    Joaquín Almunia, Chris Fonteijn

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    What does stare decisis mean, and why is it so basic to common-law legal tradition? However, for moral rules to be transformed into positive laws, the state must establish these customary laws. So McDonald's does not have a "physical location." These developments bring along the need for the best legal knowledge of, for instance, financial markets, stocks and securities, insurances, legal persons and commercial partnerships, inheritances, commercial agreements, franchising, intellectual property, takeovers, sales of businesses and certain assets, consumer contracts, traffic accidents, environmental issues, European legislation, international jurisdiction, international trade agreements and so on.
  • Customary
  • Customary Law: The War without Arms

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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. In Australia, many indigenous communities follow their own customary laws alongside state and federal laws, such as in the Torres Strait Islands, in the far north of Queensland. Austin, ''Incorporating Tribal Customs and Traditions into Tribal Court Decisions.'' Paper presented at the Federal Indian Bar Association: Indian Law Conference in Albuquerque, New Mexico, (1992). 16.
  • Customary
  • The Kipsigis : a case study in changing customary law

    Michael. Saltman

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    Confirmation of the actually-litigated underdeterminacy thesis would require empirical investigation, but there are some good reasons to believe that cases which actually proceed to filing, trial, or appeal will frequently be underdetermined by the law. Ever wider investigation brings to light an ultimate end, to which the subordinate ends are related as to a final cause. Magistrats, are highly qualified professionals, almost all of whom have graduated from the postgraduate School of Magistrature; they are high-ranking juges.
  • Customary
  • Customary Law Of The Main Tribes In The Lahore District...

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    As Lee Sackett explains the position in Wiluna: ‘An inappropriately related couple who engage in sexual intercourse, a woman who breaks her mother’s arm, or a man who fractures his wife’s pelvis are permitted to write-off their wrongdoings and escape censure through the excuse of having been ‘full drunk’.’ Sackett makes Wiluna seem a vile town thanks to Aboriginal drunkenness, though in his opinion Aborigines come off worse, suffering ‘broken bones’ and ‘shattered lives’ while Europeans have only to put up with ‘the taunts of drunks and occasional stones thrown in their direction.’38 The place is not a good advertisement for Langton’s theory of fighting and swearing as forms of ‘dispute processing’ and ‘law maintenance’, and Sackett does not suggest that it is.
  • Customary
  • The Etablissements de Saint Louis: Thirteenth-Century Law

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    Section 102 (3) of the Restatement reads in part "(3) International agreements create law for the states parties thereto ....." The thing at stake being how to bring it about. Utility or usefulness, in addition to its inherently subjective slant, is a quality which changes with socio-political circumstances and with accidental and more or less arbitrary estimates of human needs. In some systems precedent is not binding but is taken into account by the courts.
  • Customary
  • Garo Customary Laws and Practices

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    Recently, there have been some important changes to customary laws that recognize and protect women's property rights. But the term "tall" is vague. 5'11 is almost definitely tall for a woman in the United Sates, but might be a borderline case for men. "Tall" is not the sort of quality for which there are definite criteria that sort the world into "tall" things and "not tall" things. Informal parallel justice systems which enforce Muslim customary law are a major obstacle to the respect of human rights.
  • Customary
  • The place of customary law in the national legal systems of

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    An important function for law thereby is to establish procedures that ensure that legal norms enable a peaceful co-existence of a plurality of ethical traditions. For Hund, this cannot be so and an explanation for these kinds of law-making processes is found in Hart's conception of "secondary rules" (rules in terms of which the main body of norms are recognised). For an appropriate examination of this topic, I consider to introduce relevant case law and concerning sources of Public International Law.
  • Customary
  • A dictionary of the terminology of Pashtun's tribal

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    Daily rate for a room at the Hilton in Sydney, including WiFi [16]. Knowing the richness and complexity of the Aranda cultural patrimony he could easily pass from the moderate judgmental position of knowing that it cannot be translated through social change in its fullness to the extreme position of denying that it should take place at all. In contrast to the models presented by transnationalist constitutional scholars, 10 I argue that the only Muslim constitution which is legitimate is one that takes into account Islamic law and Muslim customary law as sources of law. 11 The concept of ‘cultural legitimacy’, as theorised by An Na’im, is crucial when developing a constitution, as the relevant society needs to support the constitution and give it cultural legitimacy. 12 The revised pluralist approach advocated in this article illustrates the concept of normative pluralism raised by William Twining, who sees legal pluralism as a species of normative pluralism. 13 This approach follows John Griffith’s early definition of legal pluralism as a state of affairs ‘in which behaviour pursuant to more than one legal order occurs.’ 14 The aim of the article is to comprehend whether this call for legitimacy under legal pluralism undermines State law and whether the conflict between positive Islamic law and customary law weakens a constitution, especially when it comes to the respect and enforcement of universal human rights.
  • Customary
  • The future of the institution of hereditary rule and

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    Furthermore, he distinguished between hypothetical versus unconditional or categorical commands/imperatives. Considering Islamic law also raises the issue of the place human rights norms derived from international instruments such as the Universal Declaration have in domestic constitutions. The first is the case of Sophocles' Antigone, where Antigone disobeys Creon's order and provides funeral rites to her brother Polyneices. The Private Law Dictionary, supra note 14, 72 defines "common law" as follows: "Legal system of England and of those countries which have received English law, as opposed to other legal systems, especially those evolved from Roman law. 'The rule [respecting the transfer of ownership] which the courts of France and Québec have rejected has also managed to survive, albeit in modified form, in the more protective judicial atmosphere of the common law, where it has finally been codified in the Sale of Goods Acts of England and the other provinces of Canada' (LE DAIN, (1952-55), 1 McGill L.