منابع مشابه
from custom constitution to custom constitutional law
from the perspective of experts, custom as moral rules binding takesplace in source of law. however, clarify its position in constitutional lawneeds to know history of custom presence in basic documents which governon human societies. known dividing constitutions into two main categories,codified and customary, only will be clarified part of the extensive.because above division, as many experts...
متن کاملCustom, Normative Practice, and the Law
Legally binding custom is conventionally analyzed in terms of two independent elements: regularities of behavior (usus) and convictions of actors engaging in the behavior that it is legally required (opinio juris). This additive conception of custom is deeply flawed. This Essay argues that we must abandon the additive conception and replace it with an account of custom that understands legally ...
متن کاملNature, Custom, and Stipulation in Law and Jurisprudence
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متن کاملLaw and custom in Japan: some comparative reflections
Japan is now one of the leading industrial capitalist countries in the world. It is widely held to be an economic miracle, emerging twice to dominate Asia. Yet this miracle has been achieved without leading to those two banes of almost all other advanced industrial societies, high and rising crime rates and an epidemic of civil litigation. If, as Haley suggests, 'Japan's success in reducing cri...
متن کاملFamily Honor Killings: Between Custom and State Law
In this paper I will review some attitudes and perspectives regarding family honor killings, mainly in the Arab/Bedouin population in Israel, Sinai, and the Middle East in general. What is the difference between sharaf and 'ird? What deviant sexual behavior is considered a capital offense? How widespread is the use of honor killings, and what alternative sanctions are employed? Under which circ...
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ژورنال
عنوان ژورنال: American Anthropologist
سال: 1954
ISSN: 0002-7294,1548-1433
DOI: 10.1525/aa.1954.56.5.02a00320