Suchergebnisse

The article examines the possibility of creating an indigenous legal pluralism within the South African context. Due to the historical and current marginalisation of customary law, can customary law be developed, reformed and codified? Furthermore, can the legal regimes and human rights of indigenous people of South Africa be ascertained? The article renegades the historical marginalisation of customary law due to colonialism and apartheid; where indigenous people's legal regimes were placed subordinate to common law. The article further implores the current status of indigenous law nationally and internationally. The article seeks to advance the argument based on legislative and judicial analysis, that customary law is still marginalised under the current constitutional dispensation. The international call and new recognition of customary law are commendable; the article seeks to review whether South Africa is keeping up or not to the international directives embedded within declarations and conventions they are a signatory to. The article will further comparatively analyse foreign countries that have managed to do what South Africa is struggling to achieve with regard to the recognition, development, application, and reform of customary law. ; http://www.dejure.up.ac.za ; am2022 ; Private Law

Prince Saprai (University College London - Faculty of Laws) has posted Rationalising the Penalties Rule (Mindy Chen-Wishart and Prince Saprai (eds) Research Handbook on the Philosophy of Contract Law (Edward Elgar Cheltenham Forthcoming)) on SSRN. Here is the abstract: The...

Law is the vehicle through which society defines not only its regulations, but also its actual values and behavioral patterns, as well as what is considered to be natural or unnatural. As such, the laws described in this article become symbols of what Lebanese society considers natural or not and hence assume far more implications than their strictly legal context would admit. Consequently, the law, as the symbol of authority, exercises its power through its simultaneous claim to pragmatic common sense. This is attested to by the difficulties encountered by Lebanese women and human rights organizations in their endeavors to repeal or amend discriminatory laws, or to introduce new laws that would guarantee the welfare of women and protect their rights. Due to the efforts of these women and human rights organizations, several Lebanese discriminatory laws were repealed or amended, from 1953 to the present. Yet, a summary study of the personal status codes (family law) and the civil and secular laws (everything else) clearly demonstrates that the position of a married woman in Lebanon is still that of a femme couverte , since upon marriage, she loses most of her civil rights, becomes the ward of her husband, and assumes a subordinate legal position, one that is incorporated into that of the husband.

Intro -- Foreword -- Acknowledgements -- Contents -- About the Author -- Abbreviations -- 1 Introduction -- 1.1 A Moderate, Responsible Approach to History-Writing -- 1.2 Research Questions -- 1.3 Historical Narratives -- 1.4 Narratives Written by Judges of ICTs -- 1.5 Focus on International Criminal Courts and Tribunals -- 1.6 Overview -- References -- 2 Approaches to the History-Writing Function in International Criminal Adjudication -- 2.1 Introduction -- 2.2 Theoretical Approaches to History-Writing -- 2.3 Restrictive Approaches -- 2.3.1 Strict Legality Approach -- 2.3.2 Incompatibility Theory -- 2.4 Expansive Approaches -- 2.4.1 Didactic Legality Approach -- 2.5 Moderate Approaches -- 2.5.1 Truth and Justice Approaches -- 2.5.2 Right to Truth -- References -- 3 The Individual-Centred Lens -- 3.1 Introduction -- 3.2 Individual-Centred Lens -- 3.3 Colonial Legacies as a Counternarrative -- References -- 4 The Crime-Driven Lens -- 4.1 Introduction -- 4.2 Constraints Relating to Interpretation -- 4.3 Constraints Relating to Scope -- 4.4 Natural Resources Crimes as a Counternarrative -- References -- 5 The Law-Affirming Lens -- 5.1 Introduction -- 5.2 The Tropes of the Law-Affirming Lens and the Colonial Period -- 5.3 The Operation of the Law-Affirming Lens in the WWII Trials -- 5.4 Law and Oppression as a Counternarrative -- References -- 6 The Distinctive Approaches of History and Law -- 6.1 Introduction -- 6.2 The Historiographical Debates -- 6.3 Non-epistemic Policy Values in Criminal Trials -- 6.4 Truth, Flattened -- 6.5 Victory Over Truth -- 6.6 Access to, and Engagement with, Evidence -- 6.7 Closed Universes -- 6.8 What Kinds of Narratives Do Judges of ICTs Write? -- References -- 7 Aiming Towards Responsible History in International Criminal Adjudication -- 7.1 Introduction.

Police procedures, forensic science, and the law have all had to take into account the tasks that police dogs perform and the evidence that their work produces. As such, it is essential that those in the criminal justice system understand this type of evidence and its value. Police and Military Dogs: Criminal Detection, Forensic Evidence, and Judicial Admissibility examines the use of police and military dogs for a wide variety of functions and explores canine biology and behavior as it applies to police work. The book begins with an overview of the changes that have occurred in the field in t.

Auch wenn am Ende tatsächlich viele Steuerschlupflöcher der Besserverdienenden gestopft werden sollten, wird die Steuerreform nicht zu einer gerechten Verteilung der Lasten führen, weil wesentliche Einnahmequellen, wie z. B. Gewinne aus Aktienspekulation und aus dem nicht gewerblichen Verkauf von Mietshäusern und Bürogebäuden, auch in Zukunft steuerfrei bleiben sollen. (Gewerkschaftliche Monatshefte / FUB)