Custom as a Source of Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Custom as a Source of Law PDF full book. Access full book title Custom as a Source of Law by David J. Bederman. Download full books in PDF and EPUB format.
Author: David J. Bederman
Publisher: Cambridge University Press
ISBN: 1139493663
Category : Law
Languages : en
Pages :
Get Book Here
Book Description
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a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today?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.
Author: David J. Bederman
Publisher: Cambridge University Press
ISBN: 1139493663
Category : Law
Languages : en
Pages :
Get Book Here
Book Description
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a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today?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.
Author: Massimo Fabio
Publisher: Kluwer Law International B.V.
ISBN: 9041161317
Category : Law
Languages : en
Pages : 692
Get Book Here
Book Description
Today, global competition obliges companies dealing in international trade to modernize their procedures of delivery in order to minimize the customs burden and simplify the relation with customs authorities. Customs planning is the current option to be effective in the worldwide marketplace. However, customs officials are facing new challenges: they must ensure the smooth flow of trade while applying necessary controls on the one hand, while protecting the health and safety of the Community's citizens on the other. To achieve and maintain the correct balance between these demands, control methods are constantly evolving raising major challenges to those charged with planning and compliance. This book is a highly practical work dealing with the ins and outs of European Union (EU) customs law. Cases of study, jurisprudence and comparative law support the analysis of the different legal tools. The consolidated principles ruling the transactions within WTO Member States applied in EU law offer the readers the opportunity to understand how customs rules can be applied in any customs jurisdiction. Authored by an international tax lawyer with extensive experience enforcing EU customs law as a former member of Italy’s financial police, this handy resource is designed to help the reader stay in compliance with the laws controlling EU importing and exporting while structuring transactions in a business-friendly manner. “This book is a reference work in the customs law field. It deals thoroughly and practically with all the matters that a customs law practitioner would need to know. This book works well both for beginners and experts, since both will find needed information and insight in it.” EU Law Live – Book Review by Darya Budova, Senior Associate, Uría Menéndez
Author: Candace Barrington
Publisher: Cambridge University Press
ISBN: 1107180783
Category : Law
Languages : en
Pages : 235
Get Book Here
Book Description
A comprehensive and wide-ranging account of the interrelationship between law and literature in Anglo-Saxon, Medieval and Tudor England.
Author: Panos Merkouris
Publisher: Cambridge University Press
ISBN: 131651689X
Category : Law
Languages : en
Pages : 647
Get Book Here
Book Description
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Author: Marie Seong-Hak Kim
Publisher: Oxford University Press
ISBN: 0192845497
Category : History
Languages : en
Pages : 302
Get Book Here
Book Description
Custom, Law, and Monarchy explores how law evolved in early modern France, from an amalgam of customs, Roman and canon law, royal edicts, and judicial decisions, to the unified Civil Code of 1804. In exploring the history of this codification of law, Marie Seong-Hak Kim lays out a new way of understanding French history.
Author: Curtis A. Bradley
Publisher: Cambridge University Press
ISBN: 1316654125
Category : Law
Languages : en
Pages : 703
Get Book Here
Book Description
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.
Author: Ayman Shabana
Publisher: Springer
ISBN: 0230117341
Category : Religion
Languages : en
Pages : 272
Get Book Here
Book Description
This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).
Author: Peter Karsten
Publisher: Cambridge University Press
ISBN: 9780521792837
Category : History
Languages : en
Pages : 584
Get Book Here
Book Description
Drawing on extensive archival and library sources, Karsten explores these collisions and arrives at a number of conclusions that will surprise.
Author: Stephanie Elsky
Publisher: Oxford University Press
ISBN: 0192605844
Category : Literary Criticism
Languages : en
Pages : 241
Get Book Here
Book Description
Custom, Common Law, and the Constitution of English Renaissance Literature argues that, ironically, custom was a supremely generative literary force for a range of Renaissance writers. Custom took on so much power because of its virtual synonymity with English common law, the increasingly dominant legal system that was also foundational to England's constitutionalist politics. The strange temporality assigned to legal custom, that is, its purported existence since 'time immemorial', furnished it with a unique and paradoxical capacity—to make new and foreign forms familiar. This volume shows that during a time when novelty was suspect, even insurrectionary, appeals to the widespread understanding of custom as a legal concept justified a startling array of fictive experiments. This is the first book to reveal fully the relationship between Renaissance literature and legal custom. It shows how writers were able to reimagine moments of historical and cultural rupture as continuity by appealing to the powerful belief that English legal custom persisted in the face of conquests by foreign powers. Custom, Common Law, and the Constitution of English Renaissance Literature thus challenges scholarly narratives in which Renaissance art breaks with a past it looks back upon longingly and instead argues that the period viewed its literature as imbued with the aura of the past. In this way, through experiments in rhetoric and form, literature unfolds the processes whereby custom gains its formidable and flexible political power. Custom, a key concept of legal and constitutionalist thought, shaped sixteenth-century literature, while this literature, in turn, transformed custom into an evocative mythopoetic.
Author: Martin Chanock
Publisher: Heinemann Educational Publishers
ISBN: 9780325000169
Category : Customary law
Languages : en
Pages : 0
Get Book Here
Book Description
This book explores the historical formation during the colonial period of that part of African law know as customary law.
