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Local justice in southern Sudan
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Year: 2010 Publisher: Washington, D.C. : U.S. Institute of Peace,

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La coutume face à son destin : réflexions sur la coutume judiciaire en Nouvelle-Calédonie et la résilience des ordres juridiques infra-étatiques
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ISBN: 9782275028422 Year: 2010 Publisher: Paris : L.G.D.J.,

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Informal dispute resolution in Afghanistan
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Year: 2010 Publisher: Washington, DC : U.S. Institute of Peace,

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Rebuilding Afghanistan's political immunity
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Year: 2010 Publisher: Washington, D.C. : United States Institute of Peace,

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Traditional dispute resolution and stability in Afghanistan
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Year: 2010 Publisher: Washington, D.C. : United States Institute of Peace,

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Custom as a source of law
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ISBN: 9780521897044 9780521721820 9780511781971 0521721822 0521897041 Year: 2010 Publisher: Cambridge : Cambridge University Press,

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Customary international law
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ISBN: 9780521138727 9780521191364 052119136X 0521138728 9780511804717 1107204135 051184994X 9786612525834 051167788X 051167662X 0511679130 051168309X 0511804717 1282525832 0511681119 Year: 2010 Publisher: Cambridge Cambridge University Press

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Customary international law, although long recognized as a primary source of international law, remains replete with enigmas, both conceptual and practical. These include how to determine the existence of opinio juris, the function of the state practice requirement, the definition of jus cogens customary norms, and the relationship between customary international law and ethics. In part because of these enigmas, the subject has generated a wide-ranging literature. However, no recent book-length work has attempted to articulate a comprehensive theory of customary international law that can effectively resolve these questions. This book sets out to accomplish this goal. Its approach is unique in a number of ways. For example, it is multidisciplinary and draws insights from fields such as legal theory, philosophy, political science, and game theory. In addition, it is anchored in a sophisticated ethical framework and explores at length the interconnections between customary international law and ethics.


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Custom as a source of law
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ISBN: 0511850778 1107212227 1282771574 9786612771576 0511781970 051190164X 0511799284 0511902433 0511797885 0511900856 9780511902437 9780511781971 9780521897044 0521897041 9780521721820 0521721822 9780511850776 9781107212220 9781282771574 6612771577 9780511799280 9780511797880 9780511900853 Year: 2010 Publisher: Cambridge New York Cambridge University Press

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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.


Book
Enterprise liability and the common law
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ISBN: 0511851367 1107216753 1282818252 9786612818257 0511917996 0511915209 0511918976 0511913419 0511778716 0511917015 9780511918971 0521762014 110763010X Year: 2010 Publisher: New York Cambridge University Press

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Theories of enterprise liability have, historically, had a significant influence on the development of various aspects of the law of torts. Enterprise liability has impacted upon both statutory and common law rules. Prime examples would include laws on workmen's compensation and products liability. Of late, in a number of jurisdictions, enterprise liability has been a powerful catalyst for change in the employer's responsibilities towards third parties by prompting changes to the law on vicarious liability. The results have been seen most dramatically where the employer's responsibility for the intentional torts of employees is concerned. Recent common law reforms have not been without controversy and have raised difficult and challenging questions about the appropriate scope of an employer's responsibility. In response to this, Douglas Brodie offers a critique of the employer's common law obligations, both in tort and under the law of contract of employment.


Book
In search of justice and peace : traditional and informal justice systems in Africa
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ISBN: 9789991640921 9783941602410 Year: 2010 Publisher: Windhoek Namibia Scientific Society

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