This article examines how custom has been conceived in philosophical analysis in both domestic jurisprudence and in international legal theory. The results reveal not one but three conceptions of custom, concer
First, French legal-historical scholarship views warranty in terms of the garantie d'éviction, a contractual obligation that remains deeply indebted to terms and concepts drawn from Roman law. Second, warranty has also viewed largely as a thirteenth-century development, thought to reflect the emer-...
Mothers are mightily pleased to see a child writhe off the neck of a chicken, or to please itself with hurting a dog or a cat; and such wise fathers there are in the world, who look upon it as a notable mark of a martial spirit, when they hear a son miscall, or see him ...
Mothers are mightily pleased to see a child writhe off the neck of a chicken, or to please itself with hurting a dog or a cat; and such wise fathers there are in the world, who look upon it as a notable mark of a martial spirit, when they hear a son miscall, or see him ...
Please treat the information contained on this page as general guidance, not legal advice. While the GPPR laws are not changing rapidly, the line of jurisprudence of national courts is changing. There are different attitudes in different European countries (despite similar legislation). In s...
It highlights the legality of custom in terms of the internalization of norms by judges which promotes ultimate or master rule of recognition of custom as a valid source of law for the existence of law.Frederick SchauerUniversity of Texas, Austin, School of Law Publications, Inc.Texas ...
Indigenous law and custom was only recognised insofar as it could found native title rights and interests, and not as a source of Aboriginal sovereignty or jurisdiction in its own right. As a consequence, the general law has been able to choose the extent to which, within its own framework,...