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Customary Law Today
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Book Synopsis African Customary Law by : Casper Njuguna
Download or read book African Customary Law written by Casper Njuguna and published by Rowman & Littlefield. This book was released on 2019-12-02 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt: Africa is the emerging continent of the twenty-first century and will continue to play a major role in the world politics and trade. At the center of the African experience is customary law, which remains one of the most important and quintessential forms of legal, political, and social organization and regulation in the sub-Saharan landscape. Using qualitative and quantitative data, Casper Njuguna, sets a framework for understanding the hybrid nature of this law and creates an appropriate new moniker for it—Neo-Autogenous Sub-Saharan Law (NAS law). This systematic and empirical analysis addresses philosophical issues like human rights, property rights, women’s rights, individual rights and freedoms, family relations, social structures, and political loyalties, which span beyond Africa and African scholars.
Book Synopsis Customary Law Today by : Laurent Mayali
Download or read book Customary Law Today written by Laurent Mayali and published by Springer. This book was released on 2018-06-21 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Nature of Customary Law by : Amanda Perreau-Saussine
Download or read book The Nature of Customary Law written by Amanda Perreau-Saussine and published by Cambridge University Press. This book was released on 2007-05-17 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Future of African Customary Law by : Jeanmarie Fenrich
Download or read book The Future of African Customary Law written by Jeanmarie Fenrich and published by Cambridge University Press. This book was released on 2011-07-18 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Customary Law Today written by and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.--
Book Synopsis Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters by : Brendan Tobin
Download or read book Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters written by Brendan Tobin and published by Routledge. This book was released on 2014-08-27 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
Book Synopsis The Theory, Practice and Interpretation of Customary International Law by : Panos Merkouris
Download or read book The Theory, Practice and Interpretation of Customary International Law written by Panos Merkouris and published by Cambridge University Press. This book was released on 2022-05-26 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Book Synopsis The Future of Tradition by : Leon Shaskolsky Sheleff
Download or read book The Future of Tradition written by Leon Shaskolsky Sheleff and published by Routledge. This book was released on 2013-09-05 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen an increased interest in the variety of cultures co-existing within one state, and a growing acknowledgement of the values ensconced in pluralistic social structures. this book examines the manner in which indigenous people can function in modern states, preserving their traditional customs, while simultaneously adapting aspects of their culture to the challenges posed by modern life. Whereas it was formerly assumed that these tribal frameworks were doomed to extinction, and some states even encouraged such a process, there has been a revival in their vitality, linked to a recognition of their rights. The book offers a comprehensive survey of various aspects of tribal life, focusing on political issues such as the meaning of sovereignty, legal issues dealing with the role of custom and social issues concerned with sustaining communal life. A focused study is made of a whole series of legal factors, relating to possession and ownership of land, religious rites, the nature of polygamous marriages, the assertion of group rites, the manner of peacefully resolving disputes and allied questions. Recent judicial decisions are analysed as a reflection of the far-reaching changes that have taken place, in a process that has seen the former disregard of basic rights of indigenous people being replaced by an awareness of the injustices perpetrated in the past and a willingness to seek to redress them. The comparison between approaches of different English-speaking countries provides an account of interwoven developments.
Book Synopsis Customary International Law by : Brian D. Lepard
Download or read book Customary International Law written by Brian D. Lepard and published by Cambridge University Press. This book was released on 2010-01-11 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.
Book Synopsis African Customary Law: An Introduction by : Peter Onyango
Download or read book African Customary Law: An Introduction written by Peter Onyango and published by African Books Collective. This book was released on 2013-12-29 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author is a Don at the School of Law, University of Nairobi Kenya and a development consultant with various NGOs and other international bodies in Eastern Africa region and Italy. He is a researcher and writer of articles and texts on matters concerning law and culture. Dr. Onyango is an expert in modern legal science with wide knowledge of law ranging from comparative legal system, international public law, ethics, philosophy, theology, sociology, mass media and social realities today. He is currently teaching Social Foundations of Law, Customary Law, International Public Law and International Relations at the University of Nairobi and he is a part-time lecturer at St. Pauls University. Among his publication are Cultural Gap and Economic Crisis in Africa and, Dholuo Grammar for Beginners.
Book Synopsis Fanti Customary Laws by : John Mensah Sarbah
Download or read book Fanti Customary Laws written by John Mensah Sarbah and published by . This book was released on 1897 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Role of Customary Law in Sustainable Development by : Peter Orebech
Download or read book The Role of Customary Law in Sustainable Development written by Peter Orebech and published by Cambridge University Press. This book was released on 2005 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.
Book Synopsis Customary Law in the Modern World by : Francis Deng
Download or read book Customary Law in the Modern World written by Francis Deng and published by Routledge. This book was released on 2009-10-16 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary Law in the Modern World is the study of a coherent and well-established legal system, which is now operating in the context of a modern nation-state and therefore poised between remaining relevant and the threat of marginalization. Focusing on Sudan, the author places customary law in its historical and cultural context, analyzing the fundamental and traditional values that underlie customary law and the impact of the war between the North and the South that lasted intermittently for half a century. He deals with the substance of customary law, covering a wide variety of areas: family law, property law, torts and criminal liability. Drawing on interviews conducted with judges, legislators and practicing lawyers on customary law and its future in the modern context, the book challenges the development of customary law to build on the positives of tradition and the reform of its shortcomings, particularly in the areas of human rights, gender equality and the protection of children. This book fills a gap in the literature on customary law, and will be of great interest to anyone interested in law, anthropology and politics.
Book Synopsis Customary Law and Traditional Knowledge by : World Intellectual Property Organization
Download or read book Customary Law and Traditional Knowledge written by World Intellectual Property Organization and published by WIPO. This book was released on 2016-04-01 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Brief explores the issues concerning customary law, traditional knowledge and intellectual property.
Book Synopsis Custom's Future by : Curtis A. Bradley
Download or read book Custom's Future written by Curtis A. Bradley and published by Cambridge University Press. This book was released on 2016-02-15 with total page 703 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although customary international law has long been an important source of rights and obligations in international relations, there has been extensive debate in recent years about whether this body of law is equipped to address complex modern problems such as climate change, international terrorism, and global financial instability. In addition, there is growing uncertainty about how, precisely, international and domestic courts should identify rules of customary international law. Custom's Future seeks to address this uncertainty by providing a better understanding of how customary international law has developed over time, the way in which it is applied in practice, and the challenges that it faces going forward. Reflecting an interdisciplinary mix of historical, empirical, economic, philosophical, and doctrinal analysis, and containing chapters by leading international law experts, it will be of use to lawyers, judges, and researchers alike.
Book Synopsis The Discourse on Customary International Law by : Jean D'Aspremont
Download or read book The Discourse on Customary International Law written by Jean D'Aspremont and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment"--Page 4 de la couverture.
Book Synopsis The Nature of African Customary Law by : Taslim Olawale Elias
Download or read book The Nature of African Customary Law written by Taslim Olawale Elias and published by Manchester University Press. This book was released on 1956 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:
