Custom Law And Mortality
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Custom Law And Morality
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Author : Burton M. Leiser
language : en
Publisher:
Release Date : 1969
Custom Law And Morality written by Burton M. Leiser and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1969 with Customary law categories.
Law And Morals
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Author : Roscoe Pound
language : en
Publisher:
Release Date : 1926
Law And Morals written by Roscoe Pound and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1926 with Ethics categories.
The Philosophy Of Customary Law
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Author : James Bernard Murphy
language : en
Publisher:
Release Date : 2014
The Philosophy Of Customary Law written by James Bernard Murphy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Although many modern philosophers of law describe custom as merely a minor source of law, formal law is actually only one source of the legal customs that govern us. Many laws grow out of custom, and one measure of a law's success is by its creation of an enduring legal custom. Yet custom and customary law have long been neglected topics in unsettled jurisprudential debate. Smaller concerns, such as whether customs can be legitimized by practice or by stipulation, stipulated by an authority or by general consent, or dictated by law or vice versa, lead to broader questions of law and custom as alternative or mutually exclusive modes of social regulation, and whether rational reflection in general ought to replace sub-rational prejudice. Can legal rules function without customary usage, and does custom even matter in society? The Philosophy of Customary Law brings greater theoretical clarity to the often murky topic of custom by showing that custom must be analyzed into two more logically basic concepts: convention and habit. James Bernard Murphy explores the nature and significance of custom and customary law, and how conventions relate to habits in the four classic theories of Aristotle, Francisco Suarez, Jeremy Bentham, and James C. Carter. He establishes that customs are conventional habits and habitual conventions, and allows us to better grasp the many roles that custom plays in a legal system by offering a new foundation of understanding for these concepts.
A Study Of Chinese Legal History
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Author : Noboru (Niida.)
language : en
Publisher:
Release Date : 1964
A Study Of Chinese Legal History written by Noboru (Niida.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1964 with categories.
The Nature Of Customary Law
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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.
Cultural Codes Of Plagarism In China
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Author : Shen Wu (M. A.)
language : en
Publisher:
Release Date : 2008
Cultural Codes Of Plagarism In China written by Shen Wu (M. A.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
Law And Morality
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Author : Leon Petrażycki
language : en
Publisher: Transaction Publishers
Release Date : 2011
Law And Morality written by Leon Petrażycki and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
Petrazycki's socio-psychic orientation toward law is behavioral as well as thoughtful. He finds the most suitable methods for obtaining knowledge about legal experiences to be internal and external observation. His technique of introspection is similar to Max Weber's conceptual method. Petrazycki distinguishes between two kinds of interpretive understanding. External observation involves deriving the meaning of an act or symbolic expression from immediate observation without reference to any broader context, and internal observation involves placing the particular act in a broader context of meaning involving facts that cannot be derived from a particular act or expression. --
A Study Of The Influence Of Custom On The Moral Judgment
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Author : Sharp Frank Chapman
language : en
Publisher: Wentworth Press
Release Date : 2019-02-28
A Study Of The Influence Of Custom On The Moral Judgment written by Sharp Frank Chapman and has been published by Wentworth Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-28 with History categories.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Acta Societatis Litterarum Humaniorum Regiae Upsaliensis
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Author :
language : en
Publisher:
Release Date : 1953
Acta Societatis Litterarum Humaniorum Regiae Upsaliensis written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1953 with History categories.
Vols. 1-3, 8-9, 13, 20, 24, include reports on the work of the society, lists of members, etc.
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.
