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Books : Nonfiction : Law : Perspectives on Law : Customary
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Approximately one thousand years ago Gypsies, or Roma, left their native India. Today Gypsies can be found in countries throughout the world, their distinct culture still intact in spite of the intense persecution they have endured. This authoritative collection brings together leading Gypsy and non-Gypsy scholars to examine the Romani legal system, an autonomous body of law based on an oral tradition and existing alongside dominant national legal networks.
For centuries the Roma have survived by using defensive strategies, especially the absolute exclusion of gadje (non-Gypsies) from their private lives, their values, and information about Romani language and social institutions. Sexuality, gender, and the body are fundamental to Gypsy law, with rules that govern being pure (vujo) or impure (marime). Women play an important role in maintaining legal customs, having the power to sanction and to contaminate, but they are not directly involved in legal proceedings.
These essays offer a comparative perspective on Romani legal procedures and identity, including topics such as the United States' criminalization of many aspects of Gypsy law, parallels between Jewish and Gypsy law, and legal distinctions between Romani communities. The contributors raise broad theoretical questions that transcend the specific Gypsy context and offer important insights into understanding oral legal traditions. Together they suggest a theoretical framework for explaining the coexistence of formal and informal law within a single legal system. They also highlight the ethical dilemmas encountered in comparative law research and definitions of "human rights."
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EC Customs Law places duty law in its broader international and EC context. It considers the fundamental concepts of the customs union, the Community Customs Code, the implementing regulations, and the Tariff. Customs procedures, approved uses, and treatments are dealt with along with the customs debt and reliefs from duty, repayment and remission of duty, and customs appeal.
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The prohibition against pigs is one of the most powerful symbols of Jewish culture and collective memory. Outlawed Pigs explores how the historical sensitivity of Jews to the pig prohibition was incorporated into Israeli law and culture.
Daphne Barak-Erez specifically traces the course of two laws, one that authorized municipalities to ban the possession and trading in pork within their jurisdiction and another law that forbids pig breeding throughout Israel, except for areas populated mainly by Christians. Her analysis offers a comprehensive, decade-by-decade discussion of the overall relationship between law and culture since the inception of the Israeli nation-state.
By examining ever-fluctuating Israeli popular opinion on Israel's two laws outlawing the trade and possession of pigs, Barak-Erez finds an interesting and accessible way to explore the complex interplay of law, religion, and culture in modern Israel, and more specifically a microcosm for the larger question of which lies more at the foundation of Israeli state law: religion or cultural tradition.
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Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.
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Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh new insights on this neglected and misunderstood form of law.
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This book commemorates a place and a time in American law teaching, but more importantly, an outlook: the common law tradition. That outlook was empirical and tolerant. These values were carried into expression by a group of people who were not part of a cult or faction nor ruled by the herd instinct. Now in paperback, "The Common Law Tradition" is a collective portrait of five scholars who epitomize the tradition. The focus is Chicago in the 1960s. The five figures considered - Edward H. Levi, Harry Kalven, Jr., Karl Llewellyn, Philip Kurland, and Kenneth Culp Davis - did much to broaden the perspectives of the legal academy. Levi made use of sociology, economics, and comparative law. Kalven collaborated with sociologists on the Jury Project and with economists on tax law and auto compensation plans. Llewellyn's commitment to empirical research underpinned his work on the Uniform Commercial Code. Kurland's approach to constitutional law was highlighted by his insistence on the relevance of legal history. Davis was an energetic comparativist in his work on administrative law. What distinguished these Chicagoans is that their work was practical and rooted in the law, and hence yielded concrete applications. The group's diversity, the tolerant atmosphere in which they taught and wrote, and the attachment of its individual members to empirical approaches differentiate them from today's legal scholars and make their ideas of continuing importance.
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This book examines the company investigation system, and will be a valuable resource for investigators appointed by the Department of Trade and Industry or for witnesses to an investigation. It is a unique work of reference and analysis, written by a leading practitioner in this area, and will rapidly become established as the leading work in its field.
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This collection explores how the history of crime provides a way to study time, place and culture. Investigates the historical discourses of crime in Europe and the United States from the sixteenth to the late twentieth centuries and provides new approaches to understanding crime in modern Western culture.
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This book explores the relationship between European Union law, culture, and identity. It illustrates how cultual issues permeate all aspects of Community law; shaping the development of policies in areas as diverse as internal and external trade, education, sport, language use, and the mass media.
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Includes Treasury Decisions 02-2 through 02-70. Contains Treasury Decisions and Customs Service Decisions pertaining to the Customs Service originally printed in the weekly "Customs Bulletin".
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Integrating American Indian law and Native American political and legal traditions, this encyclopedia includes detailed descriptions of nearly two dozen Native American Nations' legal and political systems such as the Iroquois, Cherokee, Choctaw, Navajo, Cheyenne, Creek, Chickasaw, Comanche, Sioux, Pueblo, Mandan, Wyandot, Powhatan, Mikmaq, and Yakima. Although not an Indian law casebook, this work does contain outlines of many major Indian law cases, congressional acts, and treaties. It also contains profiles of individuals important to the evolution of Indian law. This work will be of interest to scholars in several fields, including law, Native American studies, American history, political science, anthropology, and sociology.
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As the earliest major monument of the customary law in the region to the south and southwest of the Ile de France, the book known as the Etablissements de Saint Louis greatly amplifies our knowledge of feudal and private law in the French kingdom. Frequently cited by legal historians, it has nonetheless remained inaccessible to readers unable to master its difficult Old French. Now, F. R. P. Akehurst presents the text's first English translation, making this vital component of the vernacular law of thirteenth century France available to a wide range of scholars.
A hybrid text, the Etablissements was probably compiled by a lawyer around the year 1273. The book takes its name from its first part, a set of nine ordinances of Louis IX giving the rules of procedure for the court of the Chatelet in Paris. The second part, made up of one hundred and sixty-six short chapters, is a collection of the customary laws of the Touraine-Anjou region; the thirty-eight chapters of the third section record the laws of the Orleans region. Whereas the Touraine-Anjou material presents a broad treatment of many aspects of the law, the Orleans customary reveals a preoccupation with problems of jurisdiction in a region where the king and local authorities were in sharp competition for power.
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The UK law relating to the fiduciary duties, owed by directors and employees to companies, is complex and involves several overlapping areas of law. It is, however, a relatively commonplace cause of action. Individuals in positions of trust within a company are often tempted to abuse their position in order to steal company secrets, set up in competition, and steal away staff and customers. Fiduciary Duties: Directors and Employees brings together, in one volume, the UK law relating to fiduciary duties and its modern application by the UK Courts and Tribunals. While the treatment of this subject is intended to be fairly high level, there will also be consideration of the practical application of the law in this area. Contents include: types of claim arising --- contractual issues --- issues in tort --- fiduciary duties --- breach of confidence --- secret profits --- conflict of interest and duty accessory liability --- remedies.
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The German word Festschrift is now the universally accepted term in the academy for a published collection of legal essays written by several authors to honour a distinguished jurist or to mark a significant legal event. The number of Festschriften honouring common lawyers has increased enormously in the last thirty years. Until now, the numerous scholarly contributions to these volumes have not been adequately indexed. This Index fills that bibliographic gap. The entries included in this work refer to some 270 common law Festschriften indexed by author, subject keyword, editor, title, honorand and date. It therefore includes over 4,500 chapter entries. In addition, there are more than a thousand entries of English language contributions to predominantly foreign language, non-common law legal Festschriften from Germany, Austria, Switzerland, Denmark, Finland, Iceland, Norway and Sweden.
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This book is intended to help law students to develop and practice communication skills in the context of client interviewing and counselling. The text covers preparing for an interview; how to use effective listening and questioning techniques; creating a rapport with the client and giving appropriate advice. It adopts the model of client-centred counselling which reflects the lawyer/client relationship of the 1990s. Reflection and personal evaluation are encouraged through the use of numerous practical examples and exercises.
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