The Relation Of Custom To Law
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The Relation Of Custom To Law
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Author : Gilbert Thomas Sadler
language : en
Publisher:
Release Date : 1919
The Relation Of Custom To Law written by Gilbert Thomas Sadler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1919 with Customary law categories.
The author believed that the subject had not been specially dealt with in the past, & thus chose to write this work in an effort to present the subject in what he considered the proper way, as opposed to the improper references made to it in previous works by such people as Sir Henry Maine.
The Relation Of Custom To Law
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Author : Gilbert T. Sadler
language : en
Publisher: Forgotten Books
Release Date : 2015-06-16
The Relation Of Custom To Law written by Gilbert T. Sadler and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-16 with Law categories.
Excerpt from The Relation of Custom to Law The subject of this thesis has not often been specially dealt with, and the references to it, by many writers, are vague and confusing. The use of the phrase "customary law," by such jurists as Sir Henry Maine, has not helped to give light, but rather the reverse. Yet the theme is one which goes to the very centre of jurisprudence, as the science of law in States. The elucidation and illustration of the relation of custom to law may help to make jurisprudence more fascinating even than before. Whatever changes may come in modern States, in the way of giving up some aspects of their independence and sovereignty, so as to form a federation of States, this story of how custom arose and was recognised (or not) as law must be of perennial interest. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
The Relation Of Custom To Law Classic Reprint
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Author : Gilbert T. Sadler
language : en
Publisher: Forgotten Books
Release Date : 2018-02-08
The Relation Of Custom To Law Classic Reprint written by Gilbert T. Sadler and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-08 with Law categories.
Excerpt from The Relation of Custom to Law The subject of this thesis has not often been Specially dealt with, and the references to it, by many writers, are vague and con fusing. The use of the phrase customary law, by such jurists as Sir Henry Maine, has not helped to give light, but rather the reverse. Yet the theme is one which goes to the very centre of jurisprudence, as the science of law in States. The elucidation and illustration of the relation of custom to law may help to make jurisprudence more fascinating even than before. Whatever changes may come in modern States, in the way of giving up some aspects of their independence and sovereignty, so as to form a federation of States, this story of how custom arose and was recognised (or not) as law must be of perennial interest. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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 Relation Of Custom To Law
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Author : Gilbert T. B. 1871 Sadler
language : en
Publisher: Palala Press
Release Date : 2015-09-03
The Relation Of Custom To Law written by Gilbert T. B. 1871 Sadler and has been published by Palala Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-03 with 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.
Relation Of Custom To Law
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Author :
language : en
Publisher:
Release Date : 1919
Relation Of Custom To Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1919 with categories.
Spaces Of Law And Custom
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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.
The Relation Of Custom To Law
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Author : Gilbert J. Sadler
language : en
Publisher:
Release Date : 1919
The Relation Of Custom To Law written by Gilbert J. Sadler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1919 with categories.
Custom And The Law
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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 Invention Of Custom
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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'.