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Rules of the House examines the transformation of the Korean family during and after Japanese colonial rule. Through in-depth reading of civil litigation records, the book shows how the Japanese colonial legal system transformed Korean families from the traditional patrilineal family system into small, patriarchal households. The new domestic pattern proved remarkably durable, forming the basis of postcolonial family life. Women feature prominently in the book. Increasingly marginalized by patriarchy, women embodied the fault line between one family system as it receded and the other as it expanded under the auspices of Japanese colonial law. As a consequence, women's rights to family property, inheritance, divorce, and adoption of heirs were frequently challenged by family members. Far from being quiet victims, these women brought their cases to the colonial courts and won a surprising number of cases. The book highlights how legal discourse about women's rights in colonial civil courts articulated the transformation of the family.
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Customary laws and traditional institutions in Africa constitute comprehensive legal systems that regulate the entire spectrum of activities from birth to death. Once the sole source of law, customary rules now exist in the context of pluralist legal systems with competing bodies of domestic constitutional law, statutory law, common law and international human rights treaties. This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. The volume considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law. It also addresses a number of substantive areas of customary law including the role and power of traditional authorities; customary criminal law; customary land tenure, property rights and intestate succession; and the relationship between customary law, human rights and gender equality.
Customary law --- Law --- General and Others
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Die Frage nach der Verbindlichkeit des Rechts, die Frage also, ob dem Recht über seine äußere Zwangsgewalt hinaus eine verpflichtende Kraft zukomme, versteht sich nicht von selbst. Hat der aus der Trennung von Recht und Moral entspringende Rechtspositivismus doch zu der These geführt, daß das Recht – rein rechtlich betrachtet – zu nichts verpflichte. Das widerspricht allerdings den vorherrschenden sozialen Anschauungen. Sie verlangen folglich nach einer Begründung für den dem Recht zugeschriebenen Anspruch verbindlicher Maßgeblichkeit. Demgemäß ranken sich um die Idee solcher Normativität des Rechts Vorstellungen, Bilder und Begriffe, die eine innere Bindung durch Recht plausibel zu machen suchen. Es wird gezeigt, daß sich diese Konnotationen der Idee der Rechtsverbindlichkeit auf drei Grundfiguren zurückführen lassen, die der Grammatik der persönlichen Fürwörter korrespondieren.Der Autor ist Professor für Öffentliches Recht, Rechts- und Staatsphilosophie an der Humboldt-Universität zu Berlin.
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Papua New Guinea's two most powerful legal orders - customary law and state law -undermine one another in criminal matters. This phenomenon, called legal dissonance, partly explains the low level of personal security found in many parts of the country. This book demonstrates that a lack of coordination in the punishing of wrong behavior is both problematic for legal orders themselves and for those who are subject to such legal phenomena Legal dissonance can lead to behavior being simultaneously promoted by one legal order and punished by the other, leading to injustice, and, perhaps more impo
Sociological jurisprudence --- Customary law --- Criminal law
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Papua New Guinea's two most powerful legal orders - customary law and state law -undermine one another in criminal matters. This phenomenon, called legal dissonance, partly explains the low level of personal security found in many parts of the country. This book demonstrates that a lack of coordination in the punishing of wrong behavior is both problematic for legal orders themselves and for those who are subject to such legal phenomena Legal dissonance can lead to behavior being simultaneously promoted by one legal order and punished by the other, leading to injustice, and, perhaps more impo
Sociological jurisprudence --- Customary law --- Criminal law
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This volume presents annotated English translations of 74 awards handed down by tribal arbitrators and other legal documents obtained from the Bedouin of the Judean Desert. The documents address such legal issues as blood and sexual offenses, family disputes, inheritance, private transactions in land and water rights, tribal boundaries, contracts and obligations. The documents, some of which date back to the 19th century, provide vital information on the process of Islamization of the tribal customary law in the precinct of the tribal judge. The facsimile reproductions of the manuscripts are included, rendering direct access to the original documents. The study is intended for students of Islamic law, of customary law and of comparative law, and historians interested in the legal, social and economic history of modern Palestine and Jordan. A linguistic essay, by Dr. Mūsā Shawārbah, based on the Bedouin documents, appears at the end of the study.
Customary law (Islamic law) --- Customary law. --- Law, Bedouin. --- Judean Desert. --- Judaea, Wilderness of.
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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.
Legal theory and methods. Philosophy of law --- Customary law --- Customary law, International --- Philosophy --- History --- Customary law, International. --- Customary law. --- History. --- Philosophy. --- Customs (Law) --- Folk law --- Usage and custom (Law) --- Social norms --- Common law --- Time immemorial (Law) --- Customary international law --- International customary law --- International law --- Jus cogens (International law) --- Law, Primitive --- Traditional law --- Law --- General and Others --- Customary law - Philosophy --- Customary law - History --- Jurisprudence.
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Common law. --- Anglo-American law --- Law, Anglo-American --- Customary law
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Numerous issues face Pacific states trying to find their way in the early 21st century. Countries are striving to secure the benefits of modernisation. Governance, law and order are needed to reach such a goal, but development cannot be at the price of culture or the environment. The question of how to develop and maintain sound legal systems and legal rules whilst maintaining the unique cultural heritages within the Pacific is a challenge with no easy answer. This interdisciplinary collection locates issues of law and governance within the particular socio-political context of the Pacific island region, presenting sociological, anthropological and political insights alongside jurisprudential analysis. Key issues including corruption, the role of customary law in modern legal systems, the place of human rights in the Pacific, environmental issues and the structure of the state are explored from a variety of perspectives.
Law --- Customary law --- Social aspects --- Pacific Area --- Politics and government.
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