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Development Of Customary Law
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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 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.
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 Development of Customary Law by : A. D. Badaiki
Download or read book Development of Customary Law written by A. D. Badaiki and published by . This book was released on 1997-01-01 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 Developments in Customary International Law by : Birgit Schlütter
Download or read book Developments in Customary International Law written by Birgit Schlütter and published by BRILL. This book was released on 2010-05-17 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary international law is the most important source of international criminal law. Fifty years after the Nuremberg trials, many convictions imposed by the tribunals for the former Yugoslavia and Rwanda are still based on customary international law alone. The International Criminal Court, by contrast, has not yet had much opportunity to give more guidance on this matter. Hence, it is worthwhile to provide an overview of the current status of custom by analysing the ad hoc tribunal’s case law on this point. Including a comprehensive synopsis of current literature and a contrast of the ad hoc tribunal’s case law with the jurisprudence of the International Court of Justice, this book offers an inclusive insight into the source’s past and future.
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 A Manual of Nuer Law by : P. P. Howell
Download or read book A Manual of Nuer Law written by P. P. Howell and published by Routledge. This book was released on 2018-05-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1954 this book was originally designed for administrators but has become a key title for anthropologists. It includes a summary account of the history and social organisation of the Nuer and provides a descriptive analysis of their customary practices concerning homicide, blood-feuds, marriage and divorce and the settlement of disputes by arbitration and the award of compensation. It shows how in the first half of the twentieth century, as a result of administrative action and in particular the establishment of 'Chiefs' Courts' a system of law developed, which although based on customary procedures, introduced many concepts which were quite unknown to the Nuer in the past.
Book Synopsis Negotiating State and Non-State Law by : Michael A. Helfand
Download or read book Negotiating State and Non-State Law written by Michael A. Helfand and published by Cambridge University Press. This book was released on 2015-07-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.
Author :Theodore Frank Thomas Plucknett Publisher :The Lawbook Exchange, Ltd. ISBN 13 :1584771372 Total Pages :828 pages Book Rating :4.5/5 (847 download)
Book Synopsis A Concise History of the Common Law by : Theodore Frank Thomas Plucknett
Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Book Synopsis Customary Law Ascertained Volume 3 by : Hinz, Manfred O.
Download or read book Customary Law Ascertained Volume 3 written by Hinz, Manfred O. and published by University of Namibia Press. This book was released on 2016-01-29 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary Law Ascertained Volume 3 is the third of a three-volume series in which traditional authorities in Namibia present the customary laws of their communities. It contains the laws of the Nama, Ovaherero, Ovambanderu, and San communities. Volume 2 contained the customary laws of the Bakgalagari, the Batswana ba Namibia and the Damara communities. Recognised traditional authorities in Namibia are expected to ascertain the customary law applicable in their respective communities after consultation with the members of that community, and to note the most important aspect of such law in written form. This series is the result of that process, It has been facilitated but the Human Rights and Documentation Centre of the University of Namibia, through the former Dean of the Law Faculty, Professor Manfred Hinz.
Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts
Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Book Synopsis African Customary Law and the Development of International Humanitarian Law by :
Download or read book African Customary Law and the Development of International Humanitarian Law written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book African Law written by Hilda Kuper and published by Univ of California Press. This book was released on 2022-05-27 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1965.
Book Synopsis History and Power in the Study of Law by : June Starr
Download or read book History and Power in the Study of Law written by June Starr and published by Cornell University Press. This book was released on 2018-03-15 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on earlier work in the anthropology of law and taking a critical stance toward it, June Starr and Jane F. Collier ask, "Should social anthropologists continue to isolate the ‘legal’ as a separate field of study?" To answer this question, they confront critics of legal anthropology who suggest that the subfield is dying and advocate a reintegration of legal anthropology into a renewed general anthropology. Chapters by anthropologists, sociologists, and law professors, using anthropological rather than legal methodologies, provide original analyses of particular legal developments. Some contributors adopt an interpretative approach, focusing on law as a system of meaning; others adopt a materialistic approach, analyzing the economic and political forces that historically shaped relations between social groups. Contributors include Said Armir Arjomand, Anton Blok, Bernard Cohn, George Collier, Carol Greenhouse, Sally Falk Moore, Laura Nader, June Nash, Lawrence Rosen, June Starr, and Joan Vincent.
