Malaysian customary laws and usage.

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We use terms like “coward,” “procrastinator,” “reliable,” “hard-working,” “studious,” “curious,” “sensitive,” and so forth. Natural law provides the naturae norma, the standard of legal validity for positive law and custom. These conflicts must be settled on the basis of justice, on the basis of the common good of the international community. The Civil Law Tradition: An Introduction to the Legal Systems of Western Europe and Latin America. 2nd ed.

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THE RESTATEMENT OF AFRICAN CUSTOMARY LAW: A COMMENT

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An “amoral datum” may indeed figure, together with other premises, in a sound argument to moral conclusions. Thus the norms that have to do with the life in common of men and groups (their social units, arrangements, and social functions) are the object of justice. The terms ‘Custom’ and ‘Usage’ have different meaning despite their interchangeability. The same intellectual device served Hobbes for laying the foundation of state Edition: current; Page: [71] absolutism; it served Pufendorf for laying the foundation of enlightened despotism, which denied the ancient, traditional right of the people to resist; and it served Rousseau for laying the foundation of the sole admissible omnipotence of the democratic state.

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Bibliography of works relevant to the study of customary law

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Should customary law be kept separate to ensure its survival? In fact it’s virtually impossible to have a roulette wheel with completely unpredictable spins. In Luhmann’s theory, the social system emerges from the communication between psychic systems (minds), and cannot be understood as a separate system “acting” on the individual. A marriage in community of property means that the spouses have an undivided and indivisible half share of the joint estate and that they are co-owners of the joint estate.

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Violence Against Women in Legally Plural settings:

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The combined French, German and Swiss influence influenced the codifications of Brazil (1916), Mexico (1928), pre-Communist China (1931) and Peru (1936). As ÖRÜCÜ has stressed: [268] "Racial and cultural dualism lead to legal dualism, whether as a mixed system or legal pluralism ... The best way to explain the main elements of the Civil and the Common Law families and to compare and contrast the two is to look at the following features. Second, she claimed that the Recognition Act distinguished between customary marriages entered into before and those entered into after the statute’s enactment, resulting in the unequal treatment of customary wives in general.

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Fanti Customary Laws: A Brief Introduction to the Principles

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The histories of Herodotus, Thucydides, Xenophon, and Polybius persuaded Cicero that natural law imposes justice on human events. Hart argues that habitual obedience, which is merely convergence of behaviour, is inadequate to explain the continuity of laws. If the debt still could not be paid off the owner could collect dust from all four corners of the house and cross the threshold. The restorative aspect frequently involves the use of ritual for the offender to cleanse the spirit and soul of the bad forces that caused the offender to behave offensively.

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International law and the revolutionary state;: A case study

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Exactly as swindling is to trade," {n3} and the statement that each of the law's fictions "affords presumptive and conclusive evidence of moral turpitude in those by whom it was invented and first employed," {n4} but the insight is none the worse for being less vituperatively expressed. While these fathers of the discipline differed greatly in their research and philosophy of society, they all recognized that the function and dysfunction of society is linked to the function and dysfunction of different social components such as classes, institutions, technologies, or individuals.

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A treatise upon the customary law of foreign attachment: and

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A group of private midwives were met after one of their general meetings, and on the recommendation of their leader, one member who was willing to be interviewed was included in the study. As Brian Leiter (1998) points out, philosophy of law is one of the few philosophical disciplines that takes conceptual analysis as its principal concern; most other areas in philosophy have taken a naturalistic turn, incorporating the tools and methods of the sciences.

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The Impact of Tanzania's New Land Laws on the Customary Land

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For example an International Development Law Organisation (IDLO) report states, The involvement of local people and their local normative systems enhance sustainable development. In some jurisdictions, judicial decisions may decide whether the jurisdiction's constitution allowed a particular statute or statutory provision to be made or what meaning is contained within the statutory provisions. Very important in this system is the knowledge that one property right stands above all others, as being the main property right from which all other property rights in rem descend.

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Seymour's Customary law in southern Africa

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Germanic law made no provisions for the public welfare, the res publica of Romans. Chaos is the science of the global nature of systems. Thereupon he returned to Frankfurt as a philosophy professor until his retirement in 1994, since when he has continued to be a prolific writer and participant in various public and academic debates. They have made steady progress in their endeavour as many youngsters have abandoned pirate activities. The law of the Ripuarians contains 89 chapters and falls into three heterogeneous divisions.

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Ao Naga customary laws

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Jacinta Ruru, A Maori Right to Own and Manage National Parks?, 12(1) J. But doubts about customary law are not new and are by no means limited to Australia. The question whether an entity should be considered a legal person is reducible to other questions about whether or not the entity can and should be made the subject of a set of legal rights and duties. It is based on the Islamic religion and was introduced into Nigeria by its practitioners as a consequence of a successful process of Islamization.

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