Customs Bulletin, V. 35, January-December 2001: Treasury

Format: Hardcover

Language: English

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Size: 10.96 MB

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In fact, Luhmann’s theory states unequivocally that the individual is not a constituent part of society. Besides, the permanent necessity of the positive law rests on the fact that the positive law gives, in accordance with natural-law norms, its positive organization to the social order. According to the theory of customary law, individual actors gradually come to embrace norms that they view as requisite to their collective wellbeing. The determination in the case of rebuttable presumptions must be based upon the showing which the law regards as sufficient to rebut, for if those grounds are artificially narrow, the presumption continues to operate fictionally, by ascribing significant legal consequences to false assertions of fact.

Pages: 541

Publisher: United States Department of the Treasury (October 17, 2003)

ISBN: 0160677874

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