Results 1 to 10 of about 3,847,966 (343)

Common Law legal norm [PDF]

open access: yesStrani pravni život, 2021
In this paper the author attempts to define the otherness of common law legal norm in relation to that of a civilian one, through the analysis of differences identified in their formation and language.
Šite Damir A.
doaj   +1 more source

Extent of Governmental Decree Issuance: Comparative Analysis of Imam Khomeini and Shahid Sadr’s Opinions [PDF]

open access: yesپژوهش‌نامه متین, 2022
Governmental decree and the authority to issue it has long been the focus of attention of Shia jurists and scholars as reflected in their works. The power of Vali-e-Faqih (Guardian Jurist), as a fully qualified jurist, to issue governmental decree is ...
Majid Qurbanali Doolabi   +1 more
doaj   +1 more source

Getting to Know the Other: Niqab-Wearing Women in Liberal Democracies

open access: yesReligions, 2022
Governments around the world have gone to great lengths to discourage and prohibit wearing of the niqab, often relying on the justification that this form of Muslim women’s dress represents and produces the oppression of women.
Natasha Bakht
doaj   +1 more source

Civil law between law and precedent [PDF]

open access: yesMegatrend Revija, 2022
The most obvious difference between civil law and the common law system is that the civil law system is a codified system, followed by legislation covering this area, while common law is based mainly on case law.
Nikolova-Marković Aleksandra
doaj   +1 more source

Study and analysis of the functions of al-Urf in understanding and inferring the religious rules [PDF]

open access: yesKom: Časopis za Religijske Nauke, 2021
Religious rules in Shiite jurisprudence are inferred from the four sources of the Qur'an, Sunnah, reason and consensus. But, in addition to these sources, some foundations such as common law (al-urf) are also mentioned.
Andalib Hossein   +2 more
doaj   +1 more source

Ending Exclusion from Refugee Protection and Advancing International Justice

open access: yesLaws, 2022
In any utopic vision of the international refugee protection regime at least these two conditions ought to prevail: (1) all those who are genuinely in need of refugee protection will be granted international protection; (2) all those who are responsible ...
James C. Simeon, Joseph Rikhof
doaj   +1 more source

Shifting Design Paradigms: Why Tomorrow's International Economic Law May Look More Like the Tax Regime than the WTO

open access: yesAJIL Unbound, 2020
Rampant unilateralism, insistence on national sovereignty, a wariness of multilateral institutions and third-party adjudication—for international trade lawyers, this is the stuff of nightmares.
Wolfgang Alschner
doaj   +1 more source

Principles of Identifying the Cause of Events from the Perspective of Imamiyah Jurisprudence and English Law [PDF]

open access: yesپژوهش تطبیقی حقوق اسلام و غرب, 2021
Islamic jurists, judges and legal scholars invoke their ‘common sense’ for identifying the cause of an event and according to them, they try to examine the event from the perspective of an ordinary human being and not a philosopher or a scientist ...
Seyed Mostafa Mohaghgegh Damad   +1 more
doaj   +1 more source

Health and human rights are inextricably linked in the COVID-19 response

open access: yesBMJ Global Health, 2020
To mitigate the spread of COVID-19, governments throughout the world have introduced emergency measures that constrain individual freedoms, social and economic rights and global solidarity.
Sharifah Sekalala   +3 more
doaj   +1 more source

The United Nations Convention on the Rights of Persons with Disabilities and its Implications for the Equality Rights of Canadians with Disabilities: The Case for Education

open access: yesThe Windsor Yearbook of Access to Justice, 2011
In this paper, we examine the history of Article 24 of the United Nations Convention on the Rights of Persons with Disabilities and its implications for the equality rights of people with disabilities in education. We specifically consider leading recent
Ravi Malhotra, Robin F. Hansen
doaj   +1 more source

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