Between Law And Custom

Author : David J. Bederman
Publisher : Cambridge University Press
ISBN 13 : 1139493663
Total Pages : pages
Book Rating : 4.66/5 ( download)

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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a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today?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.

Author : Amanda Perreau-Saussine
Publisher : Cambridge University Press
ISBN 13 : 1139463217
Total Pages : 322 pages
Book Rating : 4.18/5 ( download)

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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.

Author : Paul de Deckker
Publisher :
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4.53/5 ( download)

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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.

Author : Marie Seong-Hak Kim
Publisher : Cambridge University Press
ISBN 13 : 1139536346
Total Pages : 365 pages
Book Rating : 4.49/5 ( download)

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Download or read book Law and Custom in Korea written by Marie Seong-Hak Kim and published by Cambridge University Press. This book was released on 2012-08-27 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The transplantation of modern civil law in Korea was facilitated by Japanese colonial jurists who created a Korean customary law; this constructed customary law served as an intermediary regime between tradition and the demands of modern law. The transformation of Korean law by the forces of Westernisation points to new interpretations of colonial history and presents an intriguing case for investigating the spread of law on a global level. In-depth discussions of French customary law and Japanese legal history also provide a solid conceptual framework suitable for comparing European and East Asian legal traditions.

Author : Francesca Iurlaro
Publisher : Oxford University Press
ISBN 13 : 0192652826
Total Pages : 305 pages
Book Rating : 4.29/5 ( download)

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Download or read book The Invention of Custom written by Francesca Iurlaro and published by Oxford University Press. This book was released on 2021-12-23 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.

Author : Candace Barrington
Publisher : Cambridge University Press
ISBN 13 : 1107180783
Total Pages : 235 pages
Book Rating : 4.89/5 ( download)

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Download or read book The Cambridge Companion to Medieval English Law and Literature written by Candace Barrington and published by Cambridge University Press. This book was released on 2019-08-08 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and wide-ranging account of the interrelationship between law and literature in Anglo-Saxon, Medieval and Tudor England.

Author : Peter Karsten
Publisher : Cambridge University Press
ISBN 13 : 9780521792837
Total Pages : 584 pages
Book Rating : 4.35/5 ( download)

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Download or read book Between Law and Custom written by Peter Karsten and published by Cambridge University Press. This book was released on 2002-03-18 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on extensive archival and library sources, Karsten explores these collisions and arrives at a number of conclusions that will surprise.

Author : Panos Merkouris
Publisher : Cambridge University Press
ISBN 13 : 131651689X
Total Pages : 647 pages
Book Rating : 4.98/5 ( download)

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Download or read book The Theory, Practice and Interpretation of Customary International Law written by Panos Merkouris and published by Cambridge University Press. This book was released on 2022-05-26 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 0192845497
Total Pages : 302 pages
Book Rating : 4.98/5 ( download)

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Download or read book Custom, Law, and Monarchy written by Marie Seong-Hak Kim and published by Oxford University Press. This book was released on 2021 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Massimo Fabio
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161317
Total Pages : 660 pages
Book Rating : 4.14/5 ( download)

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Download or read book Customs Law of the European Union written by Massimo Fabio and published by Kluwer Law International B.V.. This book was released on 2020-03-12 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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