EC Customs Law (Oxford European Community Law Library)

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Political ideology has also played a role in the formalist revival. It could be the case that criminal law operates on a different set of principles than those that operate in tort, and hence that conclusions reached in criminal law are different from those reached in tort law on analogous questions. Human reason derives human law from natural law precepts for particular matters, and this process creates a diversity of positive law among different peoples. As always, this post is intended as an introduction for law students (especially first-year law students) with an interest in legal theory.

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Ideas and Procedures in African Customary Law Studies

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Sociology had come into its own as a science: Karl Marx published profusely throughout the mid-1800s. Samuel von Pufendorf (1632–94), in his concept of man’s nature, did not take man in his teleologically determined totality of human nature. There are areas where local judges and local councils apply customary law rather than domestic law. It was seen to be 'natural' in patriarchal societies, that women defer to men. This view would include natural law theory and interpretivism--the view that is strongly associated with Ronald Dworkin.

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Ideas and Procedures in African Customary Law. Studies

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The appointed position probably evolved from a tribal or kinship arrangement involving a well-respected individual (elder) whose opinion carried particular weight in the community (e.g., like a tonowi among the Kapauku). 99 Early codes make it clear that "the ealdorman, and the king at need, may be called in if the plaintiff is not strong enough himself; in other words the contumacious denier of justice may be dealt with as an enemy of the commonwealth." 100 Thus, the ostracism process by which an offender was made an outlaw was backed by the most powerful members of Anglo-Saxon society.

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The Crossroads of Justice: Law and Culture in Late Medieval

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Of course, if Blackstone believes the natural law contains a principle denying discretion to judges, then that commitment is inconsistent with the discretion thesis. The nineteenth century approach to personal jurisdiction (the Pennoyer approach) made jurisdiction hinge on power over territory. L. 1998 "Markets, Democracy, and Ethnicity: Toward a New Paradigm for Law and Development", Yale Law Journal, vol.108, pp 1-107 Trubek, D.

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The role of customary law in the legal system

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Law is thus a general norm of reason which directs the actions of free man to the common good, not to a private or particular good. 7 This may not be restricted to the general welfare of the state, although this is its foremost application, but holds good for every higher community with an end of its own, in particular for the Church and the international community, but also for the family and the larger kindred-group. This body of jurisprudence is of practical relevance and value to judges and lawyers generally.

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Customary law in a changing society

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One problem could arise in the context of the Outer Space Treaty and specifically with Article IX. The Uniform Commercial Code (or UCC, the codified law of contract that applies to contracts between businesses as a matter of state law in the United States) creates a duty to act in good faith--this is a mandatory rule, because this duty cannot be disclaimed by a contractual provision. Girls play with dolls and boys play with trucks. By virtue of section 6(1) of the 1999 Constitution, the following courts are established in the Federal Republic of Nigeria, Supreme Court, Court of Appeal, Federal High Court, High Court, Abuja, High Court of a State, the Sharia Court of Appeal of the FCT, Abuja, a Sharia Court of Appeal of a state, the Customary Court of Appeal of the FCT, Abuja and the Customary Court of Appeal.

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Customary Law of the Nomadic Tribes of Siberia (Uralic and

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Kingsley Palmer, ‘Comment by Regional Specialist: East Kimberley’ in Sutton, P. ed. 1995. Law is a natural outcome of people living and working together. This entry is in the Legal Theory Lexicon provides a short introduction to the idea of reflective equilibrium for law students (especially first-year students) with an interest in legal theory. However, in the jurisdiction that operates under a written sovereignty of Parliament is limited by the Constitution.

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Judicial puzzles: Gathered from the state trials

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In some systems precedent is not binding but is taken into account by the courts. Without such a positive norm no certainty and no order at all could arise in view of the number and diversity of the deductions. Elders have the experience and authority to mobilise human and other resources for communal security. The Federal Legislature is responsible for law making and it follows law making procedures as specified in Sections 58 and 59 of the 1999 Constitution.

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Aboriginal customary law and the substantive criminal law

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Citizens in a given geographical area began to view the sovereign as the sole legitimate source of law. In addition, the state's power to tax allowed it to subsidize its legal services. In 1987 the first official law embodying perestroika—restructuring—was put into effect. The isomorphism under discussion is more than mere analogy. First, after proposing new forms of academic cooperation, we flash focus on theory of legal pluralism and on Sámi customary laws. Natural law is not some far away and long ago golden age myth imagined by Locke three hundred years ago, but a real and potent force in today's world, which still today forcibly constrains the lawless arrogance of government officials, as it did in Dade county very recently.

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Yi customary law dispute resolution realistic case: the

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Consequently, too, he is the lawmaker upon whom devolves concretely the care for the common good, whether it be the corporate body itself, the people, or the constitutionally determined holder of the public authority. This adds to the advantages33 enjoyed by the received law regimes and makes immediate attention to research even more compelling. The Tradition of Natural Law: A Philosopher’s Reflections. If you use these phrases, then be sure to define them!

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