Customary Law in the Modern World: The Crossfire of Sudan's

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Common law as a source of law confirmed by our Constitution, by virtue of Article 66 the Proclamation Act 21 of 1919. On the other hand, most libertarians reject that the idea that there should be any principles that govern the distribution of resources. But even though no enduring community can live without law—neither the family nor the state nor any association whatever—yet such communities do not live through the law but in the law. Each state also has its own law making organ known as the House of Assembly.

Customary Law: The War without Arms

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K, or other nations with a history of British rule. This is illustrated by the maneuvres operated by President Anwar Sadat in Egypt when attempting to win the support of Islamists: he amended the Constitution of Egypt to include ‘the principles of Islamic Shari’a’ as ‘a primary source of legislation’. 23 The emergence of the nation-state as the primary mode of social organisation and the spread of codification by scholars like al-Sanhuri have compelled the Muslim world to adapt via the codification of Islamic law.

The Nature of African Customary Law

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But the punishment which should follow theft, if arbitrariness is to be avoided, requires, with respect to the procedural verification of the theft as well as to the sentence and its execution, exact legal provisions which vary with times, cultures, and individual peoples. Both "fit" and "justification" connect to the idea that the law is seamless web. In the concluding section, the author argues that an adequate knowledge of indigenous law is required for the sake of equity, and that the documentation of indigenous law is required for preventing ad hoc justice/injustice and for ensuring the accountability-conscious application of customary law.

Recovering Canada: The Resurgence of Indigenous Law

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Others argued that fuzzy logic was a manifestation of unprecedented permissiveness in society. This is just a blog post, so I can only give you a brief outline. The Post-World War II Courts: Nuremburg and Tokyo Trials The Tokyo judgment : the International Military Tribunal for the Far East (I. Construction: The activity of determining the legal effect (or legal content) of a legal text. The catalogue of basic social obligations in the Preamble to the Papua New Guinea Constitution 1975 and of duties in Article 7 of the Vanuatu Constitution 1980 are reflections and resonant echoes of this culture.

Code of Federal Regulations, Title 19, Customs Duties, Pt.

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Parliament too learned to use the institution of benefit of clergy for the fine-tuning of the system of criminal justice, since particular offenses could be declared non-clergyable if the intention was to punish first offenders on the gallows. Conversely a monopoly of force leads to the denial of natural rights (by making it safe and profitable to disregard natural rights) and the disregard of natural rights necessitates a monopoly of force to avoid frequent violent conflict.

Customary law in Papua New Guinea: A Melanesian view

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For to do so would be, in the Nazis’ naturalistic worldview, akin to telling lions that they should stop being lions. 45 The author is grateful to Mr Frank Gashumba for his assistance with the final production of this paper. And in this profound Edition: current; Page: [237] sense of the unity of truth and justice the words, “And the truth shall make you free,” 1 are applicable to the community of men under law.

The social organisation and customary law of the Toba Batak

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These differences, in turn, corresponded with people’s notions of positive or negative capacity within each identified sea-tenure regime to manage marine resources (Aswani and Herman, unpublished data; [ 31 ]). Botswana gives constitutional and statutory recognition to customary tenure, and has become something of a model, among other sources, for a tenure reform movement under way across Sub-Saharan Africa whose principal attributes are constitutional and legislative reforms that extend statutory recognition to customary tenure systems[^2].

Russian Traditional Culture: Religion, Gender, and Customary

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Very simply speaking, past court decisions can be binding law. These two attributes are greatly valued by the culture." 43 Each individual in the society could choose to contract with any available tonowi (availability generally involved kinship). It is regarded as an authentic expression of the needs and values of the community at any given time4. Under such circumstances, individuals have strong reciprocal incentives to form mutual support groups for legal matters.

Fanti law report of decided cases on Fanti customary laws

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Smith points out (1973, p. 953), "if someone confers benefits on me without any consideration of whether I want them, and if he does this in order to advance some purpose other than promotion of my particular welfare, I have no obligation to be grateful towards him." Implicit in our discussion so far is Hohfeld’s second big idea, which is that each kind of right (claim, liberty, authority, and immunity) has a correlative legal consequence for others. First and (still) foremost are the academic lawyers, those whose graduate-level training is exclusively (or almost exclusively) in law as it is taught in the legal academy.

Customary International Law: A New Theory with Practical

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Forthcoming in... 1986 The Oxford History of the Classical World. Because of the inequalities stemming from the accident of birth, Rawls argues that society must be so structured as to minimize the effects of one�s birth circumstance. In the statutory system, offenders under the Penal Code are subjected to a heavy penalty in the form of corporal punishment, imprisonment, fines etc whereas though the offender under customary law was subjected to rigorous punishment, it was not in these same forms.