Customs Bulletin, V. 29, January-December 1995: Treasury

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Under the direct influence of Darwinism a profound transformation of legal studies took place in the nineteenth century. Ludwig von Bertalanffy (1901-1972) has been on of the most acute minds of the XX century. Officially, in terms of the Recognition of Customary Marriages Act, "'customary law' means the customs and usages traditionally observed among the indigenous African peoples of South Africa and form part of the culture of those peoples." [39] There is no clear distinction, then, between the religion, the culture and the law of such peoples. [40] In terms of the eventually rejected [41] Traditional Courts Bill introduced in 2008, power would have been consolidated with traditional leaders. [42]

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Cases on native customary law in Sarawak

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This position is diametrically opposed to the view of Arriaga and Grotius, that the natural law would still possess some validity even if there were no God. Imagine that you are an anthropologist from Mars, observing an earthly legal system. Though the content of an obligation can vary in many ways, the structure is always the same: a debt imposed on the debtor that has to be satisfied on behalf of the creditor; an opposite debt-claim of the creditor against the debtor of which performance may be demanded.

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The Philosophy of Customary Law

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Nations will continue to struggle to manage their transboundary resources and international agencies will continue to develop an integrated system of water law to guide them in this endeavor. The veil of ignorance is designed to insure that the choice situation is fair: no one is unfairly advantaged because the characteristics that might create an advantage are excludedvia the veil. The legal system must also permit rational individuals to orient their own behavior in order to achieve a society based on ordered liberty.

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Customs Valuation Encyclopedia (1980-2003): An Informed

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In Babylonia, the Mesopotamia region, ethnic customs were transformed into social laws thousands of years ago. But this truth has nothing to do with the fact that among the Indians, for instance, laws prevail which are contrary to natural law. Put more precisely, the claim might be that the important issues in important cases are underdetermined by the law. Consequently, legal issues evolving from common law in England and codes of conduct of the medical profession and professional ethics as a whole, such as confidentiality, consent, maleficence, beneficence, duty of care are applicable in Nigeria even though they have not been legislated upon.

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Zimbabwean women in colonial and customary law (Zambeziana)

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All law wishes to educate the members of the community. Moreover, they observe the co-existence of overtly incompatible norms that may breed conflict, either due to circumstances in a particular situation, or inherently due to their incongruous content. [5] This lack of rule classification and failure to eradicate internal inconsistencies between potentially conflicting norms allows for much flexibility in dispute settlement and is also viewed as a ‘strategic resource’ for disputants who seek to advance their own success in a case.

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Aboriginal customary law-- child custody, fostering and

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During the period in question, most German judges and lawyers were legal positivists who supported a legal system that rejected any idea of a higher law overseeing the state. Agents are not obliged to carry out immoral instructions from their principals. No. 004 Distributed as part of the Red Feather Institute Postmodern Criminology Series. Neste texto, discuto se o pluralismo jurídico na África pós‑colonial é uma ficção jurídica, alheia aos cidadãos, inventada como parte da ideologia colonial do governo indirecto, ou se é uma realidade legítima, que tende a contribuir para a promoção do acesso à justiça.

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