Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Proving Customary Law In The Common Law Courts Of The South Pacific
Download Proving Customary Law In The Common Law Courts Of The South Pacific full books in PDF, epub, and Kindle. Read online Proving Customary Law In The Common Law Courts Of The South Pacific ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis Proving Customary Law in the Common Law Courts of the South Pacific by : Jean G. Zorn
Download or read book Proving Customary Law in the Common Law Courts of the South Pacific written by Jean G. Zorn and published by British Institute for International & Comparative Law. This book was released on 2002 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the state of the constitutional status of customary law in independent Pacific island nations and the relationship between traditional legal processes and imported common law.
Book Synopsis Barava Tru- Judicial Approaches to the Pleading and Proof of Custom in the South Pacific by : Jean G. Zorn
Download or read book Barava Tru- Judicial Approaches to the Pleading and Proof of Custom in the South Pacific written by Jean G. Zorn and published by . This book was released on 2009 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fundamental question in giving effect to custom as part of the formal system, is how it is to be proved. There are two diametrically opposed views on this. The first is that the parties must prove it as a matter of fact by calling evidence. The opposing view is that custom is a question of law, and therefore can be found by the court without requiring the production of evidence as to its existence. Proving customary law as a question of fact may be a costly exercise. It may also involve complicated rules of evidence, alien to customary affairs. From a wider perspective, it subjects customary law to the adversarial system, which is arguably inappropriate in the South Pacific, where it is in direct conflict with cultural values of consensus and community decision-making. Treating custom as law, on the other hand, puts it on the same level as other sources of formal law. The court may take judicial notice of customary law or make its own inquiries as to the existence and applicability of custom, rather than having to rely on the parties' submissions. However, customary law is mostly unwritten, and it may be difficult for the court to decide whether a particular custom does amount to law or not. This Article summarizes the constitutional and statutory provisions dealing with the pleading and proof of custom. It then analyzes some recent cases demonstrating the tendency of judges to make the pleading and proof of custom even more exacting than might already be required by those sections. It looks at the means used by the courts for ascertaining custom and the advantages and disadvantages of each. It concludes by considering whether there are better ways for courts to go about the task of finding custom than those currently in use and whether it is a task that the formal courts should take upon themselves at all.
Book Synopsis Introduction to South Pacific Law by : Jennifer Corrin Care
Download or read book Introduction to South Pacific Law written by Jennifer Corrin Care and published by Psychology Press. This book was released on 2007 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an overview of the origins and development of the law and legal systems in the South Pacific, the authors examine the framework of legal systems in the region and the operation of state and customary laws. Exploring, not only the legal system generally, but also the constitution and jurisdiction of state courts and legislative provisions of individual jurisdictions and cases, it contains individual chapters on substantive areas of law. They cover: administrative law constitutional law contract law criminal law customary law family law land law tort law. Highlighting the distinguishing features of the substantive law in force in the South Pacific, this book is an essential resource for all those interested in the law of the South Pacific Islands region.
Book Synopsis Custom and the Law by : Paul de Deckker
Download or read book Custom and the Law written by Paul de Deckker and published by . This book was released on 2001 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Sources of Criminal Law in the South Pacific Region by : Tess Newton Cain
Download or read book Sources of Criminal Law in the South Pacific Region written by Tess Newton Cain and published by . This book was released on 2000 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Introduction to South Pacific Law by : Jennifer Corrin
Download or read book Introduction to South Pacific Law written by Jennifer Corrin and published by Routledge-Cavendish. This book was released on 2007-11-13 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an overview of the origins and development of the law and legal systems in the South Pacific, the authors examine the framework of legal systems in the region and the operation of state and customary laws. Exploring, not only the legal system generally, but also the constitution and jurisdiction of state courts and legislative provisions of individual jurisdictions and cases, it contains individual chapters on substantive areas of law. They cover: administrative law constitutional law contract law criminal law customary law family law land law tort law. Highlighting the distinguishing features of the substantive law in force in the South Pacific, this book is an essential resource for all those interested in the law of the South Pacific Islands region.
Book Synopsis Introduction to South Pacific Law by : Jennifer Corrin
Download or read book Introduction to South Pacific Law written by Jennifer Corrin and published by Routledge Cavendish. This book was released on 2016-10-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an overview of the origins and development of the law and legal systems in the South Pacific, the authors examine the framework of legal systems in the region and the operation of state and customary laws. Exploring, not only the legal system generally, but also the constitution and jurisdiction of state courts and legislative provisions of individual jurisdictions and cases, it contains individual chapters on substantive areas of law. They cover: administrative law constitutional law contract law criminal law customary law family law land law tort law. Highlighting the distinguishing features of the substantive law in force in the South Pacific, this book is an essential resource for all those interested in the law of the South Pacific Islands region.
Book Synopsis Pacific Courts and Legal Systems by : Guy Powles
Download or read book Pacific Courts and Legal Systems written by Guy Powles and published by [email protected]. This book was released on 1988 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis South Pacific Property Law by : Sue Farran
Download or read book South Pacific Property Law written by Sue Farran and published by Routledge. This book was released on 2013-03-04 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: Encompassing the legal systems of over a dozen independent countries, the authors of this book bring together a wealth of diverse sources to present a coherent picture of the law of property as it exists today, and offer some thoughts on the challenges and legal difficulties facing the region.
Book Synopsis Human Rights in the South Pacific by : Sue Farran
Download or read book Human Rights in the South Pacific written by Sue Farran and published by Routledge. This book was released on 2009-01-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the challenges and contemporary issues raised by human rights in the island countries of the South West Pacific which have come under the influence of the common law – where the legal systems are complex and perceptions of rights varies widely. Drawing on a wide range of resources to present a contemporary and evolving picture of human rights in the island states of the South Pacific region, the book considers the human rights aspects of constitutions, legal institutions and structures, social organisation, culture and custom, tradition and change. The materials provide legal, historical, political, social and cultural insights into the lived experience of human rights in the region supported by illustrative material from case-law, media reports, and policy documents. The book also locates the human rights concerns of Pacific islanders firmly within the wider theoretical and international domain while at the same time maintaining focus on the importance of the unique identity of Pacific island nations and people. Human Rights in the South Pacific will appeal to anyone interested in the region or in human rights including international rights advocates, investors and developers, policy-makers, representatives of government and civic society and those wishing to acquire a better understanding of what countries emerging from colonial rule face in developing but still retaining their identity.
Book Synopsis Justice, Legality and the Rule of Law by : Dawn Oliver
Download or read book Justice, Legality and the Rule of Law written by Dawn Oliver and published by Oxford University Press. This book was released on 2009-09-03 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2004 six Pitcairn men were convicted of numerous offences against girls and young women, but what right did the British government have to initiate these prosecutions? Was it fair given that no laws had been published on the island? Indeed, what law was there on this island? This book explores the wider issues raised by the Pitcairn case.
Download or read book Passage of Change written by Anita Jowitt and published by ANU E Press. This book was released on 2010-11-01 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous issues face Pacific states trying to find their way in the early 21st century. Countries are striving to secure the benefits of modernisation. Governance, law and order are needed to reach such a goal, but development cannot be at the price of culture or the environment. The question of how to develop and maintain sound legal systems and legal rules whilst maintaining the unique cultural heritages within the Pacific is a challenge with no easy answer. This interdisciplinary collection locates issues of law and governance within the particular socio-political context of the Pacific island region, presenting sociological, anthropological and political insights alongside jurisprudential analysis. Key issues including corruption, the role of customary law in modern legal systems, the place of human rights in the Pacific, environmental issues and the structure of the state are explored from a variety of perspectives.
Book Synopsis Lawyers and Savages by : Kaius Tuori
Download or read book Lawyers and Savages written by Kaius Tuori and published by Routledge. This book was released on 2014-09-19 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, this book traces the intellectual revolution of legal anthropology and demonstrates how this scholarship had a clear impact in legitimating the colonial experience. Detailing how legal realism drew on anthropology in order to help counter the hypothetical constructs of legal formalism, this book also shows how, despite their explicit rejection, the central themes of primitive law continue to influence current ideas – about indigenous legal systems, but also of the place and role of law in development. Written in an engaging style and rich in examples from history and literature, this book will be invaluable to those with interests in legal realism, legal history or legal anthropology.
Book Synopsis South Pacific Contract Law by : Jennifer Corrin-Care
Download or read book South Pacific Contract Law written by Jennifer Corrin-Care and published by Routledge. This book was released on 2015-10-08 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the general principles of contract law that apply in the countries of the University of the South Pacific ('USP') region - Cook Islands, Fiji Islands, Kiribati, Marshall Islands, Nauru, Niue, Tokelau, Tonga, Tuvalu, Samoa, Solomon Islands, and Vanuatu. It is unique in that it provides the only up-to-date survey of regional authorities for the principles of contract operating within the region. Like many other branches of the law, contract law has yet to establish its own identity in the South Pacific. However, whilst it is still based on the law of England, there are significant differences between English contract law and South Pacific contract law. The text provides a clear explanation of this divergence and highlights regional innovations, both in the form of legislation and local case law. It also examines the role of customary law and provides a comprehensive study of the significant differences between the law of contract in individual regional countries. Comparison is made between regional law with current English contract law, and with the contract law of Australia and New Zealand, particularly where regional courts have preferred that law to the law of England. This book is essential reading for all students of contract law in the South Pacific and constitutes a very useful source book and guide for academics and practitioners, from within and outside the region.
Book Synopsis The Oxford Handbook on Atrocity Crimes by : Barbora Holá
Download or read book The Oxford Handbook on Atrocity Crimes written by Barbora Holá and published by Oxford University Press. This book was released on 2022 with total page 985 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Oxford Handbook on Atrocity Crimes consolidates and further develops the evolving field of atrocity studies by combining major mono-, inter-, and multi-disciplinary research on atrocity crimes in one volume encompassing contributions of leading scholars. Atrocity crimes-war crimes, crimes against humanity, and genocide-are manifestations of large scale and systematic criminality committed within specific political, ideological, and societal contexts. These crimes are committed by a multiplicity of actors against a large number of victims who suffer far-reaching consequences. Scholars studying mass atrocities are scattered not only across disciplines-such as international (criminal) law, international relations, criminology, political science, psychology, sociology, history, anthropology, or demography-but also across the topic-related fields, which are by definition multi- and interdisciplinary but are typically limited to a particular category or aspect of atrocity crimes. This Handbook brings together these strands of scholarship on (mass) atrocities and interrogates atrocity crimes as an overarching category of criminality, while simultaneously keeping an eye on differences among the individual constitutive categories. The Handbook covers topics related to the etiology and causes of atrocities, the actors involved, the harm and victims of atrocity crimes, the reactions to mass atrocities, and in-depth case studies of understudied situations of war crimes, crimes against humanity, and genocide"--
Book Synopsis Divers Paths to Justice by : Marcus Colchester
Download or read book Divers Paths to Justice written by Marcus Colchester and published by Forest Peoples Programme. This book was released on 2011 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Guide to Foreign and International Legal Citations by :
Download or read book Guide to Foreign and International Legal Citations written by and published by . This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Formerly known as the International Citation Manual"--p. xv.
