Marriage and the family in Caucasia;: A contribution to the

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Justice is the virtue which has right (with which law in the technical sense is concerned) for its object. Nor is reductivism any more plausible here: we speak of legal obligations when there is no probability of sanctions being applied and when there is no provision for sanctions (as in the duty of the highest courts to apply the law). It is the universal predicate in the judgment which establishes the truth of our knowledge. Nevertheless, the civilian heritage is still very evident in the structure of Scots private law, as well as in its terminology and content (e.g. obligations, quasi-contract, delict, moveables and immoveables, corporeal and incorporeal moveables, prescription, servitudes, hypothecs, etc.) and in the prevalence of Latin (e.g. jus quaesitum tertio, arrestment ad fundandam jurisdictionem, forum non conveniens, negotiorum gestio, condictio indebiti), as well as in the deductive method of legal reasoning from general principles to particular applications.

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Customary Laws of Arunachal Pradesh, a Profile

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With each passing year, there is an ever-increasing volume of reported arbitral awards (particularly in civil law jurisdictions, as well as in the United States), and arbitrators are tending more and more to refer to previous awards rendered in similar cases, thus gradually developing a system of arbitral precedent. [223] International commercial arbitration is also greatly aided by major international Conventions such as the New York Convention 1958 [224] and the 1985 UNCITRAL Model Law on International Commercial Arbitration. [225] The latter instrument offers a complete legislative cadre for international commercial arbitration, including both substantive and procedural rules. [226] Legislation based on the Model Law is now in force in such widely divergent jurisdictions as Australia, Bulgaria, Canada (at the federal level and in all provinces and territories), Cyprus, Hong Kong, Nigeria, Peru, Scotland [227] and Tunisia, as well as in several U.

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Yi customary law dispute resolution realistic case: the

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The customary unit that is used to measure the quantity of water in a tank is gallon. In a civil law system, the judge’s role is to establish the facts of the case and to apply the provisions of the applicable code. First, the judge might ask herself, "Of all the possible interpretations of the law that I could adopt as the basis for my decision, which one is consistent with the theory that best fits the existing legal landscape. Again, the over-riding moment of sociality informs and limits such diverse marriage forms; one cannot in the constituted form of justice offered here, sustain brutal, exploitative forms of marriage or religion.

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Fanti law report of decided cases on Fanti customary laws :

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In some tribes it is exemplified by tribal divisions that represent legal systems prescribing the individual and kin relationships of members and the responsibilities individual and group members have to one another and to the community. [5] For example, in several Pueblo tribes, one is born into one of two moieties, or tribal divisions, decided by patrilineal lines. Welfarism: In the legal academy, "welfarism" is strongly associated with normative law and economics. (But in other disciplines, the terms "welfare" and "welfarism" have other meanings.) Of course, economists differ among themselves on the nature of welfare, but let us stipulate (for the sake of simplicity) that "welfare" in the economic sense is a function of "utility" and that utility for an individual is a function of the individual's ordinal preferences among states of affairs.

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Issues in customary land law (Discussion paper / Institute

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Human laws should prohibit murder and theft but remain silent as to lesser vices. (Aquinas, Summa, quest. 96 art. 2). It recedes or suffers an eclipse, on the other hand, when being (not taken here in Kelsen’s sense of mere existentiality or factuality) and oughtness, morality and law, are separated, when the essences of things and their ontological order are viewed as unknowable. First, after proposing new forms of academic cooperation, we flash focus on theory of legal pluralism and on Sámi customary laws.

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