Custom As A Source Of Law

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Custom As A Source Of Law

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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a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today?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.

Custom As A Source Of Law

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Author : David J. Bederman
language : en
Publisher:
Release Date : 2010

Custom As A Source Of Law written by David J. Bederman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Customary 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

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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 Cambridge Companion To Medieval English Law And Literature

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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.

Custom Law And Monarchy

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Author : Marie Seong-Hak Kim
language : en
Publisher: Oxford University Press
Release Date : 2021-10-07

Custom Law And Monarchy written by Marie Seong-Hak Kim 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 2021-10-07 with History categories.

Ancien régime France did not have a unified law. Legal relations of the people were governed by a disorganized amalgam of norms, including provincial and local customs (coutumes), elements of Roman law and canon law, royal edicts and ordinances, and judicial decisions. All these sources of law coexisted with little apparent internal coherence. The multiplicity of laws and the fragmentation of jurisdiction were defining features of the monarchical era. Legal historians have focused on popular custom and its metamorphosis into customary law, which covered a broad spectrum of what we call today private law. This book sets forth the evolution of law in late medieval and early modern France, from the thirteenth through the end of the eighteenth century, with particular emphasis on the royal campaigns to record and reform customs in the sixteenth century. The codification of customs in the name of the king solidified the legislative authority of the crown, which was an essential element of the absolute monarchy. The achievements of legal humanism brought custom and Roman law together to lay the foundation for a unified French law. The Civil Code of 1804 was the culmination of these centuries of work. Juristic, political, and constitutional approaches to the early modern state allow an understanding of French history in a continuum.

The Oxford Handbook Of The Sources Of International Law

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Author : Jean d'Aspremont
language : en
Publisher: Oxford University Press
Release Date : 2017-10-19

The Oxford Handbook Of The Sources Of International Law written by Jean d'Aspremont 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 2017-10-19 with Law categories.

The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.

Customary International Humanitarian Law

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Author : Jean-Marie Henckaerts
language : en
Publisher: Cambridge University Press
Release Date : 2005

Customary International Humanitarian Law written by Jean-Marie Henckaerts 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 2005 with Customary law categories.

"Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts."--

Jurisprudence And Legal Theory

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Author : V. D. Mahajan
language : en
Publisher:
Release Date : 2001

Jurisprudence And Legal Theory written by V. D. Mahajan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Jurisprudence categories.

The Invention Of Custom

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Author : Francesca Iurlaro
language : en
Publisher: Oxford University Press
Release Date : 2021

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 with Law categories.

This books tells the neglected story of the relationship between custom and the European natural law and ius gentium tradition. It 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.

The Sources Of International Law

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Author : Hugh Thirlway
language : en
Publisher: Oxford University Press, USA
Release Date : 2014-02

The Sources Of International Law written by Hugh Thirlway and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02 with Law categories.

Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.