Between Law And Custom
DOWNLOAD
FREE 30 Days
Download Between Law And Custom PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Between Law And Custom book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Spaces Of Law And Custom
DOWNLOAD
FREE 30 Days
Author : Edoardo Frezet
language : en
Publisher: Routledge
Release Date : 2021-07-14
Spaces Of Law And Custom written by Edoardo Frezet and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-14 with Law categories.
This collection brings together a carefully curated selection of researchers from law, sociology, anthropology, philosophy, history, social ontology and international relations, in order to examine how law and custom interact within specific material and spatial contexts. Normativity develops within these contexts, while also shaping them. This complex relationship exists within all physical places from traditional agrarian spaces to the modern shifting post-industrial workplace. The contributions gathered together in this volume explore numerous examples of such spaces from different disciplinary perspectives to interrogate the dynamic relationship between custom and law, and the material spaces they inhabit. While there are a dynamic series of conclusions regarding this relationship in different material realities, a common theme is pursued throughout: a proper understanding of law and custom stems from their material locatedness within the power dynamics of particular spaces, which, in turn, are reflexively shaped by that same normativity. The book thus generates an account of the locatedness of law and custom, and, indeed, of custom as a source of law. In this way, it provides a series of linked explorations of normative spaces, but, more fundamentally, it also furnishes a cross-disciplinary toolkit of concepts and critical tools for understanding law and custom, and their relationship. As the diversity of the contributors indicates, this book will be of great interest to legal theorists of different traditions, also legal historians and anthropologists, as well as sociologists, historians, geographers and developmental economists.
Custom And The Law
DOWNLOAD
FREE 30 Days
Author : Paul de Deckker
language : en
Publisher:
Release Date : 2001
Custom And The Law written by Paul de Deckker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Discussion of the critical aspects of the often tense relationship between indigenous custom and tradition and externally-imposed Western societal structures. Examines the revival and rejuvenation of customary legal systems and the conflict between the real imperatives of customary and traditional practice and the more formal strictures of Western legal systems. Concentrates on the situation in the French overseas territories. Includes appendices and notes on contributors.
The Nature Of Customary Law
DOWNLOAD
FREE 30 Days
Author : Amanda Perreau-Saussine
language : en
Publisher: Cambridge University Press
Release Date : 2007-05-17
The Nature Of Customary Law written by Amanda Perreau-Saussine and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-17 with Law categories.
Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
Between Law And Custom
DOWNLOAD
FREE 30 Days
Author : Peter Karsten
language : en
Publisher: Cambridge University Press
Release Date : 2002-03-18
Between Law And Custom written by Peter Karsten and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-03-18 with History categories.
Drawing on extensive archival and library sources, Karsten explores these collisions and arrives at a number of conclusions that will surprise.
Custom As A Source Of Law
DOWNLOAD
FREE 30 Days
Author : David J. Bederman
language : en
Publisher: Cambridge University Press
Release Date : 2010-08-16
Custom As A Source Of Law written by David J. Bederman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-16 with Law categories.
A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.
Law And Custom In Korea
DOWNLOAD
FREE 30 Days
Author : Marie Seong-Hak Kim
language : en
Publisher: Cambridge University Press
Release Date : 2012-08-27
Law And Custom In Korea written by Marie Seong-Hak Kim and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-27 with History categories.
This book sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The transplantation of modern civil law in Korea was facilitated by Japanese colonial jurists who created a Korean customary law; this constructed customary law served as an intermediary regime between tradition and the demands of modern law. The transformation of Korean law by the forces of Westernisation points to new interpretations of colonial history and presents an intriguing case for investigating the spread of law on a global level. In-depth discussions of French customary law and Japanese legal history also provide a solid conceptual framework suitable for comparing European and East Asian legal traditions.
The Law And Custom Of The Constitution
DOWNLOAD
FREE 30 Days
Author : Sir William Reynell Anson
language : en
Publisher:
Release Date : 1907
The Law And Custom Of The Constitution written by Sir William Reynell Anson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1907 with Constitutional law categories.
The Invention Of Custom
DOWNLOAD
FREE 30 Days
Author : Francesca Iurlaro
language : en
Publisher: Oxford University Press
Release Date : 2021-12-23
The Invention Of Custom written by Francesca Iurlaro and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-23 with Law categories.
The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.
The Cambridge Companion To Medieval English Law And Literature
DOWNLOAD
FREE 30 Days
Author : Candace Barrington
language : en
Publisher: Cambridge University Press
Release Date : 2019-08-08
The Cambridge Companion To Medieval English Law And Literature written by Candace Barrington and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-08 with Law categories.
A comprehensive and wide-ranging account of the interrelationship between law and literature in Anglo-Saxon, Medieval and Tudor England.
The Theory Practice And Interpretation Of Customary International Law
DOWNLOAD
FREE 30 Days
Author : Panos Merkouris
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-26
The Theory Practice And Interpretation Of Customary International Law written by Panos Merkouris and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-26 with Law categories.
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.