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The Philosophy Of Customary Law
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Book Synopsis The Philosophy of Customary Law by : James Bernard Murphy
Download or read book The Philosophy of Customary Law written by James Bernard Murphy and published by Oxford University Press, USA. This book was released on 2014 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 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 The Philosophy of Positive Law by : James Bernard Murphy
Download or read book The Philosophy of Positive Law written by James Bernard Murphy and published by Yale University Press. This book was released on 2008-10-01 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 . This book was released on 2007 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: A group of philosophers, historians and lawyers assess the nature and significance of customary law.
Book Synopsis The Rule of Unwritten International Law by : Peter G. Staubach
Download or read book The Rule of Unwritten International Law written by Peter G. Staubach and published by Routledge. This book was released on 2018-04-17 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Modern Legal Philosophy Series... by :
Download or read book The Modern Legal Philosophy Series... written by and published by . This book was released on 1909 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Principles of Law by : Friedrich Julius Stahl
Download or read book Principles of Law written by Friedrich Julius Stahl and published by WordBridge Publishing. This book was released on 2024-06-05 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Custom as a Source of Law by : David J. Bederman
Download or read book Custom as a Source of Law written by David J. Bederman and published by Cambridge University Press. This book was released on 2010-08-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.
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: Building on an empirical analysis of the jurisprudence of the International Court of Justice and the two ad hoc tribunals for ex-Yugoslavia and Rwanda, this book sheds new light on the development of custom as a source of international (criminal) law.
Book Synopsis The Customary International Law of Human Rights by : William A. Schabas
Download or read book The Customary International Law of Human Rights written by William A. Schabas and published by Oxford University Press. This book was released on 2021 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive account of the emergence of the customary law of human rights. It examines a range of human rights norms, and provides a useful guide to identifying those which can be described as customary.
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 The Philosophy of Customary Law by : James Bernard Murphy
Download or read book The Philosophy of Customary Law written by James Bernard Murphy and published by Oxford University Press. This book was released on 2014-03-10 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although many modern philosophers of law describe custom as merely a minor source of law, formal law is actually only one source of the legal customs that govern us. Many laws grow out of custom, and one measure of a law's success is by its creation of an enduring legal custom. Yet custom and customary law have long been neglected topics in unsettled jurisprudential debate. Smaller concerns, such as whether customs can be legitimized by practice or by stipulation, stipulated by an authority or by general consent, or dictated by law or vice versa, lead to broader questions of law and custom as alternative or mutually exclusive modes of social regulation, and whether rational reflection in general ought to replace sub-rational prejudice. Can legal rules function without customary usage, and does custom even matter in society? The Philosophy of Customary Law brings greater theoretical clarity to the often murky topic of custom by showing that custom must be analyzed into two more logically basic concepts: convention and habit. James Bernard Murphy explores the nature and significance of custom and customary law, and how conventions relate to habits in the four classic theories of Aristotle, Francisco Suarez, Jeremy Bentham, and James C. Carter. He establishes that customs are conventional habits and habitual conventions, and allows us to better grasp the many roles that custom plays in a legal system by offering a new foundation of understanding for these concepts.
Book Synopsis An Introduction to the Philosophy of Law by : Roscoe Pound
Download or read book An Introduction to the Philosophy of Law written by Roscoe Pound and published by The Lawbook Exchange, Ltd.. This book was released on 2003 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pound, Roscoe. An Introduction to the Philosophy of Law. New Haven: Yale University Press, 1922. 307 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002044351. ISBN 1-58477-327-8. Cloth. $70. * Pound's Introduction outlines the philosophical foundations that support Anglo-American common law. A written version of the Storrs Lectures delivered at Yale University during the academic year 1921-1922. "Dean Pound has given us a clear, concise introduction to the philosophy of the law. It is so concise that it is impossible to summarize it so as to give any idea of its wealth of learning....An excellent, impartial and concise presentation of the subject..." William Herbert Page, Harvard Law Review 36:115-117 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 922.
Book Synopsis Philosophy of International Law by : Anthony Carty
Download or read book Philosophy of International Law written by Anthony Carty and published by Edinburgh University Press. This book was released on 2017-02-03 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discover how philosophy is essential to the creation, development, application and study of international lawNew for this editionUpdated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administrations approach to international law in the war on terror Each chapter includes suggestions for further reading, including the most current sources from 2016Anthony Carty tracks the development of the foundations of the philosophies of international law, covering the natural, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the network of relationships between the signatories of international law.Key featuresExplores four areas: contemporary uncertainties; personality in international law; the existence of states and the use of force; and international economic/financial lawThe historical introduction gives you an overview of the development of the philosophy of international law, from late-scholastic natural law to the gradual dominance of legal positivism, and to the renewed importance of natural law theory in legal philosophy todayRevises the agenda for international lawyers: from internal concerns with the discipline itself outwards to the challenges of international society
