• Customary
  • African Law and Legal Theory (The International Library of

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    The most extreme punishment for crimes considered irredeemable seems to be outlawry, i.e. the declaration of the guilty party as beyond the protection of the law. [8] In most instances this may have been equivalent to a death sentence in practice, but the actual death penalty seems to have been foreseen only for very rare cases, such as sexual crimes (rape, promiscuity), religious crimes (incest) or crimes against the king (treason).
  • Customary
  • Ten years of effects- Based approach in EU competition law

    Jacques Bourgeois, Denis Waelbroeck

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    Reports, 1980, p. 3, respectively paras. 67 and 76. 14 This Iranian position is, however, faulty, as the only reprisal allowed by the Koran is the prevention of an envoy’s departure (basically a violation of personal inviolability), but even that only if the envoy of the receiving state is being treated in the same manner. Moreover, even without regard to these tangible effects, the very fact that the discriminatory conduct was so severe or pervasive that it created a work environment abusive to employees because of their race, gender, religion, or national origin offends Title VII’s broad rule of workplace equality.
  • Customary
  • Kamba customary law;: Notes taken in the Machakos District

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    Marked by relatively small populations with a high standard of living, economic efficiency and the ideals of the modern welfare state, they have adopted much uniform legislation especially in the fields of commerce and family law. Section 4 of the Act requires every borstal institution to give inmates educational, industrial or agricultural training. But primitive anarchy does not mean disorder. 66 The legal system evident in Kapauku culture — and in many other primitive societies — exhibits several characteristics: primary rules characterized by a predominant concern for individual rights and private property; responsibility of law enforcement falling to the victim backed by reciprocal arrangements for protection and support in a dispute; standard adjudicative procedures established in order to avoid violent forms of dispute resolution; offenses treated as torts and typically punishable by economic payments in restitution; strong incentives to yield to prescribed punishment when guilty of an offense due to the reciprocally established threat of social ostracism; and By studying the incentives and institutions of primitive law, it becomes evident that precisely the same kinds of customary legal systems have existed in more complex societies, ranging from medieval Iceland, Ireland, and Anglo-Saxon England to the development of the medieval Law Merchant, and even to the western frontier of the United States during the 1800s. 68 Anglo-Saxon law prior to the Norman invasion had virtually all the characteristics of primitive legal systems.
  • Customary
  • Fiduciary Duties: Directors and Employees

    Andrew Stafford

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    This article also provided that the Crown had an exclusive right to purchase Māori land. Contemptuous of reason, they had arrived at a pregnant voluntarism in theology as well as at the doctrine of natura deleta, of nature as destroyed by original sin. Modernist social theory presumes convergence of all cultures toward one universal culture contained within a global political economy. Physical or emotional dysfunction can become chronic within a spouse if the anxiety generated by the family members is absorbed disproportionately by the spouse experiencing the dysfunction.
  • Customary
  • Punjab Customary Law. Vol. I-5, 6, 6 (rev. Ed.) 8, 8(b)-11,

    Punjab (India)

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    African Customary Law (ACL) is further protected within the Bill of Rights, most notably under the right to freedom, belief and opinion (s 15), the individual right to language and culture (s 30) as well as the collective right pertaining to cultural, religious and linguistic communities (s 31). These complaints by the opponents of natural rights are trivial hair splitting, and pointless legalistic logic chopping. Indeed, Vyshinskii developed theories to justify the application of special legal doctrines in political cases—for example, the theory that confessions have special evidentiary force in cases of counterrevolutionary crimes, since no person would confess to such a crime unless he were actually guilty!
  • Customary
  • The customary law manual: A manual of customary laws

    S. N. C Obi

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    These include written documents such as international treaties and conventions for example, the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Convention on the Law of the Sea. [2] International laws also help regulate many areas of human activity that require co-operation between countries, such as: transport of goods and passengers by air, land and sea; Also included in international law are principles that have been accepted by countries as guiding the way they deal with each other and their citizens.
  • Customary
  • The consequences of regionalization in the treaty and

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    The first part of the text focuses on the function of the theory of systems and on the main features of closed and open systems. Consequently, self-defence could be used as an immediate measure of prevention in the case of threat of irreparable damage to person or property regardless of whether the threat is directed against the state, its agents, or its nationals. Each of them is consistent with the positivist thesis that the existence and content of law depends on social facts, not on its merits.
  • Customary
  • The history and future of the customary law in Kenya

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    First, the parties were taken against their will as slaves to Brazil, which is a Christian country. The limiting conditions are set by two interacting and quite different sets of concerns. If he fell a man to death, let him then be an outlaw, and let every one of those seize him with hearm who desire right. The point of an affirmative postmodern theory of justice is, non the less, an effort to avoid the costs of deep chaos while keeping the benefits of variety, uncertainty, change and renewal.
  • Customary
  • Company Investigations and Public Law

    Andrew Lidbetter

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    However it must be considered that the IMF and World Bank have opened up the economic markets for the developing countries and help them to engage with global economy according to Bond (2001;232) they have promoted sensible investment and involved in policies to alleviate poverty, to enhance the role of women development and to promote development and environmental sustainability. Business in the developing colonies required predictability and certainty from the legal system and customary models were deemed unable to offer this.
  • Customary
  • Legalization of Customary Law: Theory and Practice

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    Twining's argument is embedded in a more general account of the globalization of law. This work covers extensively the customary land tenure system in Ikorodu between 1960-2000. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law. Noteworthy for our purposes is that Rommen’s first book, Die Staatslehre des Franz Suarez (1927), was on Suárez, and there are repeated references to the Spanish Jesuit in The Natural Law.