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This treatment raises a question about the role of judgments in creating customary law. Therefore, the utilitarian might argue that egalitarian distributions of resources will tend to increase total welfare--unless there is some countervailing reason such as increased incentives to produce useful goods and services that might result from unequal distributions of wealth and income. Following the overthrow of Nimeiri in 1985, courts suspended the application of the harsher hudud punishments in criminal cases.
Publisher: BiblioScholar (December 7, 2012)
Charter are customary international law norms. ��������� During the contemporary era, a number of commentators have criticized the concept of customary international law as being imprecise, and the sense of opinio juris, difficult to determine.� Customary international law nevertheless remains a critical underpinning of international law jurisprudence , source: http://samakalam.com/ebooks/cases-on-native-customary-law-in-sarawak. A second interpretation of the seamless web metaphor is "epistemological" rather than "ontological." By epistemological, I mean that we might be talking about our knowledge of the law rather than the law itself. Here the idea might be that understanding or comprehending any piece of legal doctrine requires knowledge of the surrounding areas of law and knowledge of those areas requires knowledge of yet more distant areas--so that a complete understanding of any one legal rule requires knowledge of the law as a whole read pdf. This session will explore fundamental approaches to the study of social phenomena and the question how best to think about social reality and what it means to conduct research on it. We will discuss the contrast between the positivist and interpretative approaches to social science, and examine their methodological implications for studying law. The session will lay the groundwork for further discussion of the nature of law http://www.impeccableservice.co.uk/library/ideas-and-procedures-in-african-customary-law-studies-presented-and-discussed-at-the-eighth.
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