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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: Maung Maung
Publisher: Springer
ISBN: 940119257X
Category : Law
Languages : en
Pages : 198
Get Book Here
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: Maung Maung (U)
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 0
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Book Description
Author: David C. Buxbaum
Publisher: Springer
ISBN: 9401762163
Category : Law
Languages : en
Pages : 325
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Book Description
Author: Melissa Crouch
Publisher: Bloomsbury Publishing
ISBN: 1782254765
Category : Law
Languages : en
Pages : 444
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Book Description
This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.
Author: D C Buxbaum
Publisher: Martinus Nijhoff Publishers
ISBN: 9004638016
Category : Law
Languages : en
Pages : 335
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Book Description
Author: D. Christian Lammerts
Publisher: University of Hawaii Press
ISBN: 0824876091
Category : Religion
Languages : en
Pages : 305
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Book Description
Burma and neighboring areas of Southeast Asia comprise the only region of the world to have developed a written corpus of Buddhist law claiming jurisdiction over all members of society. Yet in contrast with the extensive scholarship on Islamic and Hindu law, this tradition of Buddhist law has been largely overlooked. In fact, it is commonplace to read that Buddhism gave rise to no law aside from the vinaya, or monastic law. In Buddhist Law in Burma, D. Christian Lammerts upends this misperception and provides an intellectual and literary history of the dynamic jurisprudence of the dhammasattha legal genre between the thirteenth and nineteenth centuries. Based on a critical study of hundreds of little-known surviving dhammasattha and related manuscripts, Buddhist Law in Burma demonstrates the centrality of law as a crucial discipline of Buddhist knowledge in precolonial Southeast Asia. Composed by lay and monastic jurists in prose and verse, in Pali, Burmese, and other regional vernaculars, dhammasattha were intended for use by judges to guide the adjudication of legal disputes. Lammerts argues that there were multiple, sometimes contentious, modes of reckoning Buddhist jurisprudence and legal authority in the region and assesses these in the context of local cultural, textual, and ritual practices. Over time the foundational jurisprudence of the genre underwent considerable reformulation in light of arguments raised by its critics, bibliographers, and historians, resulting in a reorientation from a cosmological to a more positivist conception of Buddhist law and legislation that had far-reaching implications for innovative forms of dhammasattha-related discourse on the eve of British colonialism. Buddhist Law in Burma shows how, despite such textual and theoretical transformations, late precolonial Burmese jurists continued to promote and justify the dhammasattha genre, and the role of law generally in Buddhism, as a vital aspect of the ongoing effort to protect and preserve the sāsana of Gotama Buddha. The book will be of value to students and scholars interested in the rich legal, intellectual, and cultural histories of Buddhism in Burma and Southeast Asia, or in the historical intersections of law and Buddhism.
Author: Mindy Chen-Wishart
Publisher: Oxford University Press
ISBN: 0192590790
Category : Law
Languages : en
Pages : 960
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Book Description
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters: the first deals with the contents of contracts and how contractual terms are identified and interpreted; the second deals with unfair terms, the situations where the law will interfere in matters of 'unfairness' relating to contract terms, and legal responses to unfair terms.
Author: Chie Ikeya
Publisher: University of Hawaii Press
ISBN: 082486106X
Category : History
Languages : en
Pages : 258
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Book Description
Refiguring Women, Colonialism, and Modernity in Burma presents the first study of one of the most prevalent and critical topics of public discourse in colonial Burma: the woman of the khit kala—"the woman of the times"—who burst onto the covers and pages of novels, newspapers, and advertisements in the 1920s. Educated and politicized, earner and consumer, "Burmese" and "Westernized," she embodied the possibilities and challenges of the modern era, as well as the hopes and fears it evoked. In Refiguring Women, Chie Ikeya interrogates what these shifting and competing images of the feminine reveal about the experience of modernity in colonial Burma. She marshals a wide range of hitherto unexamined Burmese language sources to analyze both the discursive figurations of the woman of the khit kala and the choices and actions of actual women who—whether pursuing higher education, becoming political, or adopting new clothes and hairstyles—unsettled existing norms and contributed to making the woman of the khit kala the privileged idiom for debating colonialism, modernization, and nationalism. The first book-length social history of Burma to utilize gender as a category of sustained analysis, Refiguring Women challenges the reigning nationalist and anticolonial historical narratives of a conceptually and institutionally monolithic colonial modernity that made inevitable the rise of ethnonationalism and xenophobia in Burma. The study demonstrates the irreducible heterogeneity of the colonial encounter and draws attention to the conjoined development of cosmopolitanism and nationalism. Ikeya illuminates the important roles that Burmese men and women played as cultural brokers and agents of modernity. She shows how their complex engagements with social reform, feminism, anticolonialism, media, and consumerism rearticulated the boundaries of belonging and foreignness in religious, racial, and ethnic terms. Refiguring Women adds significantly to examinations of gender and race relations, modernization, and nationalism in colonized regions. It will be of interest to a broad audience—not least those working in the fields of Southeast Asian studies, colonial and postcolonial studies, cultural studies, and women’s and gender studies.
Author: Patricia Crone
Publisher: Routledge
ISBN: 1000385531
Category : History
Languages : en
Pages : 389
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Book Description
This volume brings together twelve articles by Patricia Crone dealing with pre-Islamic and Islamic religion, law and political thought. The first section focuses on the centuries before Islam, with studies on Mazdakism in Iran and on Islam as the key factor behind the outbreak of Iconoclasm in Byzantium. The second group of studies looks at problems in legal history, including the codification of the Qur'an, while the third investigates questions of political thought, amongst them a study of early Muslim anarchists, and an examination of the authorship of a work ascribed to al-Ghazali.
Author:
Publisher: BRILL
ISBN: 9004372709
Category : History
Languages : en
Pages : 226
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Book Description
This book reveals how everyday experiences of being ‘modern’ (c. 1920s-70s) indexed continuity and change in the transition from colonialism to independence and after in Southeast Asia. In the Philippines, Myanmar, Indonesia, Malaysia, Singapore, Thailand and Vietnam, the contributors to this interdisciplinary volume recover modern times at the intersection of public and private domains, encompassing sex, religion, art, film, literature and urban space. The authors examine the conditions and representations of modernity, as shaped by elites and the governed, by actors, artists, novelists and non-fiction writers. Plural encounters in cities, through spiritual communities, art, high and popular culture saw Southeast Asians fashioning modern times in dialogue with global capitalism, consumer culture and second-wave feminism.
