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Author: Marie Seong-Hak Kim
Publisher: Cambridge University Press
ISBN: 110700697X
Category : History
Languages : en
Pages : 365
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Book Description
Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.
Author: Amanda Perreau-Saussine
Publisher: Cambridge University Press
ISBN: 1139463217
Category : Law
Languages : en
Pages : 322
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Book Description
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.
Author: David J. Bederman
Publisher: Cambridge University Press
ISBN: 1139493663
Category : Law
Languages : en
Pages :
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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a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today?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: Marie Seong-Hak Kim
Publisher: Cambridge University Press
ISBN: 110700697X
Category : History
Languages : en
Pages : 365
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Book Description
Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.
Author: Peter Karsten
Publisher: Cambridge University Press
ISBN: 9780521792837
Category : History
Languages : en
Pages : 584
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Book Description
Drawing on extensive archival and library sources, Karsten explores these collisions and arrives at a number of conclusions that will surprise.
Author: Edoardo Frezet
Publisher: Routledge
ISBN: 1000406458
Category : Law
Languages : en
Pages : 283
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Book Description
This collection brings together a carefully curated selection of researchers from law, sociology, anthropology, philosophy, history, social ontology and international relations, in order to examine how law and custom interact within specific material and spatial contexts. Normativity develops within these contexts, while also shaping them. This complex relationship exists within all physical places from traditional agrarian spaces to the modern shifting post-industrial workplace. The contributions gathered together in this volume explore numerous examples of such spaces from different disciplinary perspectives to interrogate the dynamic relationship between custom and law, and the material spaces they inhabit. While there are a dynamic series of conclusions regarding this relationship in different material realities, a common theme is pursued throughout: a proper understanding of law and custom stems from their material locatedness within the power dynamics of particular spaces, which, in turn, are reflexively shaped by that same normativity. The book thus generates an account of the locatedness of law and custom, and, indeed, of custom as a source of law. In this way, it provides a series of linked explorations of normative spaces, but, more fundamentally, it also furnishes a cross-disciplinary toolkit of concepts and critical tools for understanding law and custom, and their relationship. As the diversity of the contributors indicates, this book will be of great interest to legal theorists of different traditions, also legal historians and anthropologists, as well as sociologists, historians, geographers and developmental economists.
Author: Hans Cory
Publisher: Routledge
ISBN: 1351022563
Category : Social Science
Languages : en
Pages : 205
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Book Description
Originally published in 1953, this book records the Customary Law of the Sukuma tribe and discusses the differences in law whcih grew up in the various local federations, with the aim of unifying Customary Law for both the Tanzanians and European colonial authorities. The material is presented in short paragraphs which are connected logically to each other, but each of which can stand by itself if it should be necessary to quote it in a judgment.
Author: T. Olawale Elias
Publisher: Taylor & Francis
ISBN: 1040145337
Category : Social Science
Languages : en
Pages : 301
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Book Description
Originally published in 1951, Nigerian Land Law and Custom (now with a new preface by Olusoji Elias), the first of its kind, is an excellent comparative study of the whole system of land tenure in Nigeria. There are, of course, a few anthropological attempts, almost invariably designed as or inspired by Government Reports on some specific areas of the country, and their aim is therefore often administrative or fiscal. This book is accordingly an attempt to create a legal order out of the chaos of lay approaches and to examine and systematize, as far as possible, such principles of indigenous tenure as are discernible in available materials in the light of the growing body of case-law. This book will be of value to students and researchers of African law and custom, and of comparative jurisprudence.
Author: Virginia Martin
Publisher: Routledge
ISBN: 1136123865
Category : Social Science
Languages : en
Pages : 266
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Book Description
Offers a reconstruction of the social, cultural and legal history of the Middle Horde Kazakh steppe in the 19th century using largely untapped archival records from Kazakhstan and Russia and contemporary reports. It explores the cross-cultural encounter of laws, customs and judicial practices in the process of Russian empire-building at the local level.
Author: Maung Maung
Publisher: Springer
ISBN: 940119257X
Category : Law
Languages : en
Pages : 198
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Book Description
This book, conceived in Rangoon, nourished and delivered at the Yale Law School, attempts to study the customary laws of Burma in the context of the country's legal system. Customary laws govern the affairs of the family mainly while codes and precedents designed and developed on the imported British common law system enjoy exclusive control and authority over the remaining legal relationships in society. This volume looks at the legal system in outline and the customary law of the Bur mese family in some detail. The customary laws of other indigenous groups, such as the Shans, the Kachins, the Chins, the Kayah, the Mon and the Arakanese, also need to be studied, restated and appraised, for though the laws are similar there are shades of differences, and in build ing the Union of Burma it is important to build strongly on the simi larities while giving due respect to the differences. It is, therefore, hoped, that this volume will launch a series of studies on the customary laws of the peoples of Burma in a large context and with high aim. There are many needs for continuing research in the field of custom ary law. One is to discover the customs of the people as they really are, not just what they are presumed to be in early legal treatises or in later judicial decisions.
Author: I. Schapera
Publisher: Routledge
ISBN: 0429638116
Category : Social Science
Languages : en
Pages : 284
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Book Description
Originally published in 1938, the primary object of this book was to place on record, for the information and guidance of government officials and of the Tswana themselves, the traditional and modern laws and related customs of the Tswana tribes of the Bechuanaland Protectorate. The author was invited in 1934 by the Administration of the Protectorate to undertake the compilation of such a record and the book does not pretend to give a complete account of Tswana life, but deals only with those aspects which may be regarded as falling within the province of tribal law.
