Customary Law
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Family Law And Customary Law In Asia
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Author : David C. Buxbaum
language : en
Publisher: Springer
Release Date : 2013-11-11
Family Law And Customary Law In Asia written by David C. Buxbaum and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-11 with Law 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.
The Future Of African Customary Law
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Author : Jeanmarie Fenrich
language : en
Publisher: Cambridge University Press
Release Date : 2011-07-18
The Future Of African Customary Law written by Jeanmarie Fenrich 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 2011-07-18 with Law categories.
This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.
The Philosophy Of Customary Law
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Author : James Bernard Murphy
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
The Philosophy Of Customary Law written by James Bernard Murphy 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 with Law categories.
This book attempts to bring greater theoretical clarity to the often murky topic of custom by showing that custom must be analysed into two more logically basic concepts: convention and habit. Customs are conventional habits and habitual conventions. Once we have a clearer understanding of custom we can better grasp the many roles that custom plays in a legal system.
The Nature Of African Customary Law
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Author : Taslim Olawale Elias
language : en
Publisher: Manchester University Press
Release Date : 1956
The Nature Of African Customary Law written by Taslim Olawale Elias and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1956 with Customary law categories.
Customary Law Today
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Author : Laurent Mayali
language : en
Publisher: Springer
Release Date : 2018-06-21
Customary Law Today written by Laurent Mayali and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-21 with Law categories.
This book addresses current practices in customary law. It includes contributions by scholars from various legal systems (the USA, France, Israel, Canada etc.), who examine the current impacts of customary law on various aspects of private law, constitutional law, business law, international law and criminal law. In addition, the book expands the traditional concept of the rule of law, and argues that lawyers should not narrowly focus on statutory law, but should instead pay more attention to the impact of practices on “real legal life.” It states that the observation of practices calls for a stronger focus on usage, customs and traditions in our legal systems – the idea being not to replace statutory law, but to complement it with customary observations.
Development Of Customary Law
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Author : A. D. Badaiki
language : en
Publisher:
Release Date : 1997-01-01
Development Of Customary Law written by A. D. Badaiki and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with Customary law categories.
Customary Law In Hungary
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Author : Martyn Rady
language : en
Publisher: OUP Oxford
Release Date : 2015-08-06
Customary Law In Hungary written by Martyn Rady and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-06 with History categories.
This is the first comprehensive treatment in any language of the history of customary law in Hungary, from the thirteenth to the twentieth centuries. Hungary's customary law was described by Stephen Werboczy in 1517 in the extensive law code known as the Tripartitum. As Werboczy explained, Hungarian law derived from the interplay of Romano-canonical law, statute, written instruments, and court judgments. It was also responsive, however, to popular conceptions of the law's content and application, as communicated through the lay membership of the kingdom's courts. Publication of the Tripartitum was intended to make the law more certain by fixing it in writing. Nevertheless, its text was customized by actual use, in the same way as the statute laws of the kingdom were adjusted as a consequence of court practice and of errors in their transmission. The reputation attaching to the Tripartitum and Hungary's insulation from the Roman Law Reception meant that the Tripartitum continued to retain authority until well into the nineteenth century. Attempts to replace it foundered and it was the principal text on which the courts and the schools relied, not only in Habsburg Hungary but also in Transylvania. Courts, nevertheless, continued to modify its provisions in the interests of rendering judgments that they deemed either to be right or in conformity with developing practices. Even after the establishment of a parliamentary form of government in the nineteenth century, a strong customary element attached to Hungarian law, which was amplified by the association of customary law with national traditions. The consequence was that Hungary maintained aspects of a customary law regime until the Communist period.
African Customary Law
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Author : Peter Onyango
language : en
Publisher: African Books Collective
Release Date : 2013
African Customary Law written by Peter Onyango and has been published by African Books Collective this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Africa categories.
Introduction -- The nature of African customary law -- Nature, characteristics, limits -- Praxis of customary law -- The use of customary law in other systems -- Constitutional analysis of customary law -- Genesis and upheavals of customary law -- Quest for integrated system -- Quest for African jurisprudence -- Determining the future -- Critique -- Protagonist in the primitive law -- Summary and conclusion.
Customary Law In A Changing Society
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Author : Digby Sqhelo Koyana
language : en
Publisher:
Release Date : 1980
Customary Law In A Changing Society written by Digby Sqhelo Koyana and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Bankruptcy categories.