The Philosophy Of Customary Law
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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 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 Nature Of Customary Law
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Author : Amanda Perreau-Saussine
language : en
Publisher:
Release Date : 2007
The Nature Of Customary Law written by Amanda Perreau-Saussine and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Customary law categories.
A group of philosophers, historians and lawyers assess the nature and significance of customary law.
The Rule Of Unwritten International Law
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Author : Peter G. Staubach
language : en
Publisher: Routledge
Release Date : 2018-04-17
The Rule Of Unwritten International Law written by Peter G. Staubach and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-17 with Law categories.
This book seeks to re-appreciate the concept of customary international law as a form of spontaneous societal self-organisation, and to develop the methodological consequences that ensue from this conception for the practice of its application. In pursuing this aim, the author draws from three different strands of scholarship that have not yet been considered in connection with one another: First, general jurisprudential theories of customary law; second, theories of customary international law, especially as they relate to international relations scholarship; and third, methodological approaches to the interpretation of international law. This expansive, philosophical layout of the book enables the author to put the conceptual enigmas of customary international law into a broader perspective. Among the issues discussed in the book are the dichotomy of its traditional and modern forms and the respective benefits and disadvantages of inductive and deductive approaches to its ascertainment. In the course of this analysis, the author draws insights from Friedrich August Hayek’s theory of law as a ‘spontaneous order’, an information-processing device which enables the participants of a legal system to make use of decentralised knowledge. The book argues that the major advantage of custom as a source of international law lies in the fact that it is the result of a gradual process of trial and error, rather than the product of deliberate planning. This makes it a particularly apposite source of law in a time of seismic shifts in the distribution of power within a vastly diverse community of States, when a new global order is expected to emerge, the contours of which are not yet clearly discernible. This book applies general concepts of legal philosophy to explain the continuing relevance of custom as a source of international law while at the same time inferring from this theoretical framework concrete practical and methodological consequences, the most important of which is the special role that purposive interpretation plays with respect to rules of international custom. Given this broad approach, the book will be of interest to several groups of potential readers including academics interested in the philosophy of customary law in general, academic international lawyers and legal practitioners, especially judges, scholars of international relations and all those interested in how the international community of States organises itself.
Principles Of Law
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Author : Friedrich Julius Stahl
language : en
Publisher: WordBridge Publishing
Release Date : 2024-06-05
Principles Of Law written by Friedrich Julius Stahl and has been published by WordBridge Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-05 with Law categories.
The Christian difference to the legal order is not to be found in any religious test or requirement of conformity, but in the Christian character of legal institutions. Stahl accomplishes this by making institutions rather than actions the cornerstone of law. Law is a general rule, not a specific command; and institutions, not persons, are its primary object. Persons operate within the framework established by law, but that law is an external, objective framework, not an internal, subjective one. The right of the person and the rights of persons are established and defended precisely by this objectively Christian order. Therefore, what is Christian about this legal order is the principles, the law-ideas, upon which it is based, not the level of faith of those living within it. This Christian orientation also demands a respect for the inheritance of the nation, conservation of its received institutions and laws. Law is rooted in custom and tradition, supplemented through legislation. The courts are bound to the law as the expression of the historical people, not ephemeral public opinion. The major error of modern legal philosophy is its natural-rights orientation, which makes law and the state into the creatures of individual choice, in which individuals through a social contract choose to leave the “state of nature” and form a government and a set of laws under which to be ruled. This whole approach is oblivious to the fact that human social order, being an inheritance, is a higher order transcending individual choice. Modern legal philosophy compounds its error by making natural law into a directly applicable legal standard, or alternatively by abandoning the law to the play of interests, cutting off any influence from higher principles. For its part, natural law lacks objectivity, universal recognition, and publicity in the sense that it can be known by everyone ahead of time; it therefore cannot be enforced by the state. In fact, to do so is to establish opinion and thus injustice as law. God's divine order is the archetype of law, but it is not directly applicable as law. In fact, God commands that the law as it stands is to be obeyed, regardless of its correspondence to the higher principles of law. Human freedom under God is the freedom to crystallize and make concrete those God-revealed principles of law as a positive legal order. In this second edition of Principles of Law, there is no difference in content as compared with the first, but the text has been corrected where necessary and improved where appropriate.
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.
The Philosophy Of Positive Law
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Author : James Bernard Murphy
language : en
Publisher: Yale University Press
Release Date : 2008-10-01
The Philosophy Of Positive Law written by James Bernard Murphy and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-01 with Law categories.
In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin. In their theories of positive law, Murphy argues, these thinkers represent successive chapters in a single fascinating story. That story revolves around a fundamental ambiguity: is law positive because it is deliberately imposed (as opposed to customary law) or because it lacks moral necessity (as opposed to natural law)? These two senses of positive law are not coextensive yet the discourse of positive law oscillates unstably between them. What, then, is the relation between being deliberately imposed and lacking moral necessity? Murphy demonstrates how the discourse of positive law incorporates both normative and descriptive dimensions of law, and he discusses the relation of positive law not only to jurisprudence but also to the philosophy of language, ethics, theories of social order, and biblical law.
The Philosophy Of Legal Change
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Author : Maciej Chmieliński
language : en
Publisher: Routledge
Release Date : 2019-07-05
The Philosophy Of Legal Change written by Maciej Chmieliński and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-05 with Law categories.
Democratic legal systems have recently been subject to rapid and multi-directional processes of change. There are numerous sociological, technological, ideological, or purely political processes which result in law’s amendment and transformation. This book argues that this legal change is best understood from a political philosophy perspective. This can be used as an interpretative device to understand the ongoing processes of change as well as their outcomes such as new laws, judicial interpretations, or constitutional amendments. The work has three main objectives: to provide deeper understanding of the problems of legal change within the diversity of Western political and legal thought; to examine the development of the processes of change in terms of their normative and prudential acceptability; to interpret actual processes of change with a view to the general theoretical and normative background. The book is divided into three parts: Part I sets the scene and is focused on the general issues important for understanding and evaluating legal change from the perspective of political philosophy; Part II focuses on the spectrum of politico-philosophical justifications present in the political culture of democratic states; Part III offers selected case studies to specify and apply the philosophical ideas in the previous parts. The book will be a valuable resource for students and scholars of law and jurisprudence, including comparative legal studies and human rights law, political theory, and philosophy.
Igbo Philosophy Of Law
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Author : F. U. Okafor
language : en
Publisher:
Release Date : 1992
Igbo Philosophy Of Law written by F. U. Okafor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Customary law categories.
This is a first attempt at the philosophical articulation and projection of the Igbo concept of law and the role of law in the traditional environment. In the Igbo traditional setting, the rules of law are uncodified. The author, who teaches philosophy of law and logic at the University of Nigeria, defines the law of a given community as the body of rules recognised as binding by its members. On this concept of law, he has based his attempt to elucidate the philosophical underpinning of those rules recognised in Igbo traditional legal system as law. Unless the philosphical foundation is understood, the traditional law, machinery for enforcement, and legislative and judicial processes may appear incomprehensible. The first part gives a descriptive insight into the moral, religious, socio-political and legal background of the Igbo. The second part is devoted to the fundamental questions concerning the concept of law, the various types of laws, the reciprocal influence between law and Igbo religion and the end of laws. Finally, the author examines the nature of right in Igbo traditional thought and locates the philosophical background.
The Modern Legal Philosophy Series
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Author :
language : en
Publisher:
Release Date : 1917
The Modern Legal Philosophy Series written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1917 with Law categories.