The customary laws of succession in Eastern Nigeria and the

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Now it bowed before the vigorous life of the legal sense flourishing in the popular mind and committed itself to the strictly antirevolutionary sway of the historical process. It is so much of who we are�our very identity�that we cannot act outside of its parameters. The third type, "peculiar laws," includes Roman civil law and Catholic canon law. The presentation is organized around the following themes that emerge from the collection: Law is historical or temporal; Law and jurisprudence interact over time; Jurisprudence is influenced by social-historical circumstances; Historical jurisprudence; Must legal philosophy be historical? (No); Should legal philosophy be historical? (Yes).

Pages: 242

Publisher: African Universities P (1966)


And they might be, but "pragmatism" is not a "Get Out of Jail Free" card that somehow magically nullifies contradictions or reconciles theoretical contradictions. The best uses of legal pragmatism always ground specific pragmatic moves in some metatheoretical framework Second, there must be a sense of legal obligation, or opinio juris sive necessitatis. In other words, a practice that is generally followed but which states feel legally free to disregard does not contribute to customary law; instead, there must be a sense of legal obligation to the international community For instance, if immigration has become more and more restricted under the law, then the next legal decision on that subject may serve to restrict it further still The Crito considers whether a duty exists to obey the law. Socrates' friend Crito argues for Socrates to escape and avoid his unjust execution But statutory provisions like Article 6:2 or 6:248 DCC, that directly refer to the standards of reasonableness and fairness, aren’t the real problem. Everyone agrees that where the outcome of a contract or a statutory provision would have unexpected and unacceptable consequences for one of the involved parties, the court must, in exceptional situations, have the opportunity to replace it with a more fair result download.
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