Results 1 to 10 of about 8,454 (293)

Case Law as an Authoritative Source of Customary Law: Piecemeal Recording of (Living) Customary Law?

Potchefstroom Electronic Law Journal, 2019
This contribution deals with the question of whether a judgment from a mainstream court dealing with customary law can be regarded as authority and thus as a recording of a customary rule or rules.
Christa Rautenbach
doaj   +6 more sources

Exploring Customary Law: Perspectives of Hazairin and Cornelis Van Vollenhoven and its Relevance to the Future of Islamic Law in Indonesia

Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam, 2023
The difference between Islamic law and Western law in viewing customary law is the core problem that forms the background of this research. This article aims to explore in-depth Customary Law from the perspectives of Hazairin and Cornelis Van Vollenhoven
Ilham Tohari, Siti Rohmah, Ahmad Qiram As-Suvi   +2 more
doaj   +2 more sources

Normative Study on Inheritance Renunciation and Sanggah Obligations in Balinese Customary Law [PDF]

SHS Web of Conferences
Rejection of inheritance under civil law generally frees the heir from all obligations inherent in the inheritance. However, in the context of Balinese custom, even if someone rejects an inheritance, they may still be burdened with customary obligations,
Irma Adi Sukmaningsih Ni Komang, Ayu Dyah Gayatri Gusti, Trisna Pradewi Ni Nyoman, Mei Eriani Putri Kadek, Ryanniva Karenina Putu   +4 more
doaj   +2 more sources

Legal Pluralism in the Colonial Era: The Influence of Economic Globalization on the Elimination of Poenale Sanctie and Customary Law

SASI
Introduction: From the late nineteenth to the early twentieth century, the expansion of large-scale plantations driven by global capital created a dual legal order in which colonial law was positioned as the dominant system, while customary law became ...
Tengku Keizerina Devi Azwar, Bazarova Dildora Baxadirovna   +1 more
doaj   +2 more sources

Normative Analysis of Incest Sanctions in Mandailing Customary Law from an Islamic Criminal Law Perspective

Al-Manhaj
Incestor incestuous sexual relations are acts that are prohibited by law, including customary law and Islamic law. The prohibition of incest in the legal context is categorized as a crime that damages the basic social order of society.
Nurul Fadilah, Sukiati Sukiati
doaj   +2 more sources

Legal Sources, the Rule of Recognition, and Customary Law

The American Journal of Jurisprudence, 2014
A perennial puzzle about source-based law such as precedent is what makes sources legally binding. One of the most influential answers to this puzzle is provided by Hart’s rule of recognition. According to Hart, the sources of law are accepted as binding by the officials of a legal system, and this collective social practice of officials provides the ...
Grant Lamond
openaire   +2 more sources

Some Reflections on the Theory of Sources of International Law: Re-examining Customary International Law

Israel Law Review, 2018
This review explores certain challenges related to the notion of customary international law. It seems that it was a long time ago when international law academics and practitioners ever thought that the nature of this source was a well-settled topic.
Ezequiel Heffes
openaire   +2 more sources

Myth and sacredness as sources of customary law

Актуальні проблеми філософії та соціології
O. Borodenko
openaire   +2 more sources

Archival Documents as Authentic Sources of Customary Law of the Perm Peoples in the 18th – early 20th centuries

Bylye Gody
openaire   +2 more sources

Recording Customs in Early Modern Antwerp, a Commercial Metropolis [PDF]

Rechtsgeschichte - Legal History, 2016
This article questions whether early modern compilations of customary law retained their customary nature after being recorded in the Low Countries by learned jurists and within the framework of a procedure designed and controlled by a central ...
Bram Van Hofstraeten
doaj   +1 more source