Customs Bulletin, V. 36, January-December 2002: Treasury

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The pharmacists were included in the study because in Ghana studies have shown that community pharmacy shops are the first point of call when women have an unwanted pregnancy since abortion services are not openly available in public hospitals and private clinics are very expensive. For example, the social contract could simply obligate citizens to obey the sovereign irrespective of the content of the sovereign's commands (or laws).

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Customary Laws of Arunachal Pradesh, a Profile

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ACQUARONE, D., La coutume : Réflexion sur les aspects classiques et les manifestations contemporaines d’une source de droit, Nice, Université de Nice-Faculté de droit et des sciences économiques, 1987. Whereas law as an institution belongs to the lifeworld, law as a steering medium is relieved of substantive justification because it operates in the political and economic systems on the basis of functional needs. For example, first year law students quickly learn that not all of contract law involves agreement or bargain. "Quasi-contract" and reliance-based liability involve transactions that are involuntary or at least not fully voluntary, and this cluster of doctrine is neither clearly tort nor clearly contract.

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Customary Law of the Chinese merchant groups (paperback)

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It is in force because God has so willed to create man; it was not in force, it did not exist, when man did not as yet exist. The dignity of the laws rests on this consideration. A capitalist firm responds to changing prices because failure to do so will cause it to lose money. First, although on paper the Head of State's powers look impressive (convoke the legislature, promulgate laws, grant pardons etc) in practice these are exercised on the instructions of the government.

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[ The Persistent Objector and Customary International Law -

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And importantly, where sentences have been manifestly inadequate, appeal courts have rectified sentences – as they did in the Yarralin ‘promised bride’ case. First it was adopted by the tonowi, then by young men in his sublineage, and ultimately by tonowi of other sublineages within the same lineage. This Article solves several important problems plaguing the Supreme Court’s Eighth Amendment jurisprudence. Of course I don't want to say that the time of the Nazi-regime and the time after 1945 are to be judged on equal terms.

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Customary Law in the Corpus Iuris Canonici

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There are many necessary “connections,” trivial and non-trivial, between law and morality. In Germanic Europe in the Early Middle Ages, every man was tried according to the laws of his own race, whether Roman, Salian or Ripuarian Frank, Frisian, Burgundian, Visigoth, Bavarian etc. [3] A number of separate codes were drawn up specifically to deal with cases between ethnic Romans. They thus fell easy prey to the demagogy of the Sophists. Women and Custom in Namibia: Cultural Practice Versus Gender Equality?

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Zimbabwean women in colonial and customary law (Zambeziana)

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In some cases these are proposed simply as individual moral guidance, whereas in other cases they are proposed and may be used as the source for a country's legal system. Today, in the language used by modern sociobiologists natural law is the ESS (Evolutionary Stable Strategy) for the use of force, employed by our species and by like species, applied by us by means of reason to problems and circumstances that confront us today. The individual sciences deal with being from specific viewpoints.

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Russian Traditional Culture: Religion, Gender, and Customary

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The Cheyenne Way: Conflict and Case Law in Primitive Jurisprudence. As was stated in the Royal Commission into Aboriginal Deaths in Custody report: We require a fundamental shift in the mindset of governments and Indigenous communities. Hence the wounded, defenseless soldier ceases to be in the strict sense an enemy. To Kant the entire world of law appeared exactly like a variegated, intrinsically uncoordinated aggregate of subjective rights. Yet promising creates moral obligations of performance or compensation.

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The Impact of Tanzania's New Land Laws on the Customary Land

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Whether or not disadvantageous legal effects are attached to illegitimate birth depends on whether the moral disqualification is viewed as necessary for the maintenance of the idea and institution of marriage and the family and hence as deserving of enforcement. 16 ‡ These very examples show forth the nature of law in its inner connection Edition: current; Page: [188] with morality. And since my first two posts dredged up the past, I’ll devote my next and final post to talking a little about the future and my next project.

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Women's Rights Under the Customary Law in some Communities

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In the first part of this last section I begin to develop a framework for assessing custom among individuals (presumably if individuals are to be included in determinations of CIL, a methodology for doing so would have to be developed). Similar, though less extreme, events have occurred throughout the vast majority of the third world. Jones sets out to resurrect Marx’s intellectual and personal world without drawing on the “all the posthumous elaboration of his character and achievements.” Indeed, he “calls his subject ‘Karl,’ not to suggest a fake intimacy but to remind us that we are dealing not with an already marmoreal icon but with a human being thinking his way through a recalcitrant world.” Michael Kazin explores the same work a New Republic piece cleverly titled “Prophet or Loss.” According to Kazin, Jones tries to disabuse readers of “the notion that, in Capital, Marx explained anything significant about the workings of capitalism—either then or now. … Where Marx did excel, according to Jones, was in his vivid and lavishly detailed descriptions of the miserable lives of ordinary English workers, which he had spent years researching in the British Museum.” In the Wall Street Journal, Neil Gregor reviews Volker Ullrich’s Hitler: Ascent, 1889-1939, the first part of a two-volume biography of Hitler originally published in German.

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Customary law and traditional authority of the San

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This outcome, it is argued, has serious implications for the forging of a constitutionally inclusive citizenship. Blackstone divides jurisprudence into natural law and positive law. This definition of customary international law was articulated by the 11th Circuit Court of Appeals in United States v. In doing so, they are empowering themselves to provide a justice system that has meaning to the people they serve and the power to perpetuate what was preserved by the ancestors and passed on by the elders as testimony of their commitment to the future of tribes.

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