The application of customary law in southern Africa: The

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Within law, as in language, are found provincialisms. For these the positive law alone had force. These principles operate in law's moral and historical dimensions to restrain the ruler's ability to enforce his will through legal coercion. Direct Application of Constitutional Principle Constitutional principles might be considered to play a role in constitutional interpretation that is equal or even superior to the role of the text.

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Customary Law Of The Gujrat District...

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Bowen felt it was not necessarily wrong, but not preferred, for the therapist to triangulate if he/she could remain equally involved in both spouses and in no way take sides with either one. Personal law pertaining to such matters as marriage, divorce, inheritance, adoption, and family disputes was adjudicated in the sharia courts in the predominantly Muslim areas. According to Dworkin, a legal principle maximally contributes to such a justification if and only if it satisfies two conditions: (1) the principle coheres with existing legal materials; and (2) the principle is the most morally attractive standard that satisfies (1).

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A Provisional collection of Indonesian documents relating to

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Or perhaps in a Hegelian way every existing legal system expresses deliberate governance in a world otherwise dominated by chance; law is the spirit of the community come to self-consciousness. Instead, the customs, traditions, and laws of each community would be allowed to develop from popular practices within the population[24]. The recording of customary rules saved France from the massive reception of Roman law, which took place in Germany. It was in no way a black mirror-image of our own body of laws: and the most common modern aboriginal offences that come before our own courts — violent assaults, thefts, offences due to drunkenness, and murders — were never punishable by those persons who are today called ‘tribal elders’ in the press ...

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Shona Customary Law: With Reference to Kinship, Marriage,

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In the first half of the 7th century the Ripuarian Franks received the Ripuarian law, a law code applying only to them, from the dominating Salian Franks. Under this view, a statute becomes law even before it is enforced by a court decision. As a result, the deductive intellect, for which the essences in real things remain unknowable, can no longer control itself by reference to reality. It contends that Darwinism underpinned the most basic features of Nazi legal order and theory. Austin also wanted to include within “the province of jurisprudence” certain “exceptions,” items which did not fit his criteria but which should nonetheless be studied with other “laws properly so called”: repealing laws, declarative laws, and “imperfect laws”—laws prescribing action but without sanctions (a concept Austin ascribes to “Roman [law] jurists”) (Austin 1832: Lecture I, p. 36).

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Promised marriage in aboriginal society (Reference on

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Given that the Court has the legal power to depart from precedent, it is hardly surprising that the Court does not behave as if it were so bound. Aleck J ‘Beyond Recognition: Contemporary Jurisprudence in the Pacific Islands and the Common Law Tradition’ (1991) 7 QUT 137, analyses this and advances other intriguing theories on custom and non-customary law. What about the summer and winter olympics? Most left-anarchists probably hold to a mix of Kropotkin's fairly distinct positions on law and crime.

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Customary laws of Arunachal Pradesh : a profile :

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The other line of development considers the possibility of allowing information other than individual, noncomparable ordinal utilities. Valid arguments can have many different structures. It’s not totally up to me.” (Hoke, 2009) Hoke’s casual observations concerning the internal mores of street gangs parallels similar observations made by the journalist Joel Dyer concerning antigovernment militia groups of the kind that emerged in the 1990s, whose origins are traceable to the opposite end of the cultural and racial spectrum from those of urban gangs, but from similarsocioeconomic levels: Following (the killing of dissidents by federal agents at) Ruby Ridge and Waco, the antigovernment movement focused on the creation of militias.

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International customary law and codification : an

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In order to reach a decision, the jurist goes through a careful process of reasoning. A different criticism of Austin's command theory is that a theory which portrays law solely in terms of power fails to distinguish rules of terror from forms of governance sufficiently just that they are accepted as legitimate (or at least as reasons for action) by their own citizens. Natural law precepts are discernible by reason as far as they are necessary for the conduct of human actions.

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Customary law of the Tungeses

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Every act or omission which relates to another, so far as it can be enforced without intrinsic contradiction, is a legal matter. Courage and caring may be great virtues in some circumstances but in others be destructive and lead to injustices. In carrying out these functions it has powers to compile standard specifications, guidelines and regulations for the production of drugs, establishing and maintaining laboratories.

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Interviewing and Counselling (Legal Skills Series)

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JORDAN, “Lost in the Translation: Two Legal Cultures, the Common law Judiciary and theBasic Law of the Hong Kong Special Administrative Region”, (1977) 30 CORNELL INT'L. Hart consequently accepts the validity of “morally iniquitous laws” whose content possesses “no moral justification or force whatsoever.” (Hart 1994, p. 268). However, despite the false comparison between the two they have certain characteristics that differentiate them from each other. Law wields supremacy over the will of political rulers, whether they are kings or judges. (Blackstone 1838, p. 32).

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Aboriginal customary law-- traditional and modern

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Knowledge of the nonlinear relationships between variables gives planners the potential to effect large changes in a desired variable with relatively small changes in another. Here's a marvelous example of "denying the theory assumption," from Dan Farber, himself famous for this move: The last ditch defense of the rational choice theory is to insist that it takes a theory to beat a theory, and that the behavioralists have only assembled a collection of empirical regularities without any unifying theory.

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