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.
Download or read book Spaces of Law and Custom written by Edoardo Frezet and published by Routledge. This book was released on 2021-07-14 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
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.
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
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.
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.
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 486 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'.
Download or read book Customary International Law written by Brian D. Lepard and published by Cambridge University Press. This book was released on 2010-01-11 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.
Download or read book The European Union and Customary International Law written by Fernando Lusa Bordin and published by Cambridge University Press. This book was released on 2022-11-03 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.
Download or read book Custom Common Law and the Constitution of English Renaissance Literature written by Stephanie Elsky and published by Oxford University Press. This book was released on 2020-09-17 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Customary Justice and the Rule of Law in War torn Societies written by Deborah Isser and published by US Institute of Peace Press. This book was released on 2011 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "
Download or read book Custom in Islamic Law and Legal Theory written by Ayman Shabana and published by Springer. This book was released on 2010-11-14 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Download or read book Fundamentals of Public International Law written by Giovanni Distefano and published by BRILL. This book was released on 2019-05-07 with total page 991 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions.
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.
Download or read book Remaking Custom written by Ellen Holmes Pearson and published by University of Virginia Press. This book was released on 2011-03-22 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: History has largely forgotten the writings, both public and private, of early nineteenth-century America’s legal scholars. However, Ellen Holmes Pearson argues that the observers from this era had a unique perspective on the young nation and the directions in which its legal culture might go. Remaking Custom draws on the law lectures, treatises, speeches, and papers of the early republic’s legal scholars to examine the critical role that they played in the formation of American identities. As intermediaries between the founders of America’s newly independent polities and the next generation of legal practitioners and political leaders, the nation’s law educators expressed pride in the retention of the "republican parts" of England’s common law while at the same time identifying some of the central features that distinguished American law from that of Britain. From their perspective, the new nation’s blending of tradition and innovation produced a superior national character. Because American law educators interpreted both local and national legal trends, Remaking Custom reveals how national identities developed through Americans’ articulation of their local customs and identities. Pearson examines the innovations that legists could celebrate, such as constitutional changes that placed the people at the center of their governments and more egalitarian property laws that accompanied America’s abundant supply of land. The book also deals with innovations that presented uncomfortable challenges to law educators as they sought creative ways to justify the legal cultures that grew up around slavery and Anglo-Americans’ hunger for land occupied by Native Americans.
Download or read book The Role of Customary Law in Sustainable Development written by Peter Orebech and published by Cambridge University Press. This book was released on 2005 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.
