The Survival of the Traditional Tswana Courts in the National Legal System of Botswana

1972 ◽  
Vol 16 (2) ◽  
pp. 103-129 ◽  
Author(s):  
Simon Roberts
Keyword(s):  
Legal System ◽  
Dispute Settlement ◽  
Good Deal ◽  
Early Years ◽  
Colonial Power ◽  
Legislative History ◽  
National Legal System ◽  
History Of ◽  
Almost All ◽  
Made In

In almost all the former British African territories the colonial power tried to make use of the traditional dispute settlement agencies which it found on arrival. The history of these efforts is familiar, following a generally similar course in most territories. The arrangements made in the early years were haphazard; a good deal of formalization took place around 1930; more profound changes were initiated in the early 1960's and have continued since. But the familiar legislative history yields little information about what has been happening on the ground. We know very little of the way in which the traditional agencies drawn into the official system actually reacted towards this process of incorporation. Leaving aside what the statute may have said, have they remained the agencies to which Africans actually resorted for the settlement of their disputes? Has the type of business coming before them changed? Similarly we know little about those agencies, typically at the lower levels, which did not undergo incorporation. Have they continued to function, or have they simply died away?

Unions and the Popular Front: The West Coast Waterfront in the 1930s

1986 ◽  
Vol 30 ◽  
pp. 59-78 ◽  
Author(s):  
Bruce Nelson
Keyword(s):  
New York ◽  
Communist Party ◽  
Good Deal ◽  
The United States ◽  
Popular Front ◽  
Human Face ◽  
History Of ◽  
Patterns Of Behavior ◽  
The Relationship ◽  
Made In

Recent discussions of the history of American communism have generated a good deal of controversy. A youthful generation of “new social historians” has combined with veterans of the Communist party to produce a portrait of the Communist experience in the United States which posits a tension between the Byzantine pursuit of the “correct line” at the top and the impulses and needs of members at the base trying to cope with a complex reality. In the words of one of its most skillful practitioners, “the new Communist history begins with the assumption that … everyone brought to the movement expectations, traditions, patterns of behavior and thought that had little to do with the decisions made in the Kremlin or on the 9th floor of the Communist Party headquarters in New York.” The “new” historians have focused mainly on the lives of individuals, the relationship between communism and ethnic and racial subcultures, and the effort to build the party's influence within particular unions and working-class constituencies. Overall, the portrait has been critical but sympathetic and has served to highlight the party's “human face” and the integrity of its members.

Historical Sociology in the History of American Sociology

1987 ◽  
Vol 11 (1) ◽  
pp. 1-16 ◽  
Author(s):  
Mildred A. Schwartz
Keyword(s):  
United States ◽  
Critical Review ◽  
Good Deal ◽  
Historical Sociology ◽  
The United States ◽  
Historical Research ◽  
American Sociology ◽  
Historical Materials ◽  
History Of ◽  
Almost All

In a Recent Critical review of sociological perspectives on historical problems, Skocpol observed, “Until the 1970s, ‘historical sociology’ was not a phrase one often, if ever, heard in conversations among sociologists in the United States” (Skocpol, 1984: 356). Of course there was a good deal of prior historical work by sociologists, some of which Skocpol herself goes on to cite. Yet, by her phrasing, she has inadvertently raised a question about the place of history in the discipline of sociology. Like almost all sociologists who use historical materials or perspectives, Skocpol sees reason to complain about the failure of sociology to give a larger place to history. But for me, a prior issue, in the spirit of a historically minded sociology, involves discovering what happened to the name “historical sociology.” The naming of an activity, in this case historical sociology, and its performance—historical research and interpretations by sociologists—are quite distinct. The first task is to clarify their relationship.

scholarly journals THE POSITION OF NOTARIAL DEED IN THE SHARIA ECONOMIC DISPUTE

2016 ◽  
Vol 28 (1) ◽  
pp. 162
Author(s):  
Yulies Tiena Masriani
Keyword(s):  
Economic System ◽  
Legal System ◽  
Dispute Settlement ◽  
National Legal System

Today the Indonesian economic system recognizes and applies the principles of Sharia into the National Legal System. Those principles are based on the value of justice, mutuality, equality, benefit and universalism (rahmatan lil ‘alamin), particular in agreement (Akad). An Akad is laid down into an notary deed, the the parties are deemed to have agreed its contents and consequences. If one of the parties does not perform his obligation, there can emerge a dispute in the implementation of Sharia economic transactions. Therefore, the position of a notary deed is very important as an evidence in the dispute settlement. Saat ini sistem ekonomi Indonesia mengakui dan menerapkan prinsip-prinsipnya Syariah ke dalam Sistem Hukum Nasional. Prinsip Syariah berlandaskan pada nilai nilai keadilan, kebersamaan, pemerataan, kemanfaatan dan keuniversalan (rahmatan lil ‘alamin) khususnya Akad. Akad dituangkan dalam suatu akta notariil, maka para pihak dianggap telah menyetujui semua isi Akad dan konsekuensinya. Para pihak harus melaksanakan hak dan kewajibannya sesuai dengan isi akta tersebut. Apabila salah satu pihak tidak melaksanakan Akad tersebut, maka menimbulkan terjadinya sengketa dalam pelaksanaan transaksi ekonomi syariah. Oleh sebab itu, kedudukan akta notariil sangat penting sebagai alat bukti dalam penyelesain sengketa tersebut.

scholarly journals LE PRÉAMBULE DE LA CONSTITUTION COMME UN EXEMPLE D'UN TEXTE DE DROIT

2017 ◽  
Vol 30 ◽  
pp. 51-66
Author(s):  
Piotr PIEPRZYCA
Keyword(s):  
Legal System ◽  
The Other ◽  
European Countries ◽  
Legal Language ◽  
Legal Text ◽  
Form And Function ◽  
Legal Texts ◽  
History Of ◽  
Almost All ◽  
And Function

Preamble to the Constitution is a special type of legal text, which differs significantly from the other legislative texts, both in terms of vocabulary, syntax and semantics. This paper aims to make the characteristics of the legal language of the preamble to the Constitution – its content, form and function it plays in the legal system. The linguistic corpus is composed of over twenty preambles to constitutions of European countries. The results show that, despite some differences between the preambles of individual European countries, there are many features in common – almost all mention the values and principles, considered as fundamental to the nation, such as independence, freedom or democracy. Some preambles also refer to the history of the country or religion and to the person of God – both indirectly and directly. Despite the fact that the preamble in terms of language is not like other legal texts, it has the characteristics of a normative act.

The Folvilles of Ashby-Folville, Leicestershire, and their Associates in Crime, 1326–1347

1957 ◽  
Vol 7 ◽  
pp. 117-136 ◽  
Author(s):  
E. L. G. Stones
Keyword(s):  
Fourteenth Century ◽  
Special Interest ◽  
Economic Status ◽  
Good Deal ◽  
Early Years ◽  
Criminal Jurisdiction ◽  
Edward Iii ◽  
History Of ◽  
Habitual Criminal ◽  
The Church

On a date which cannot be exactly discovered in 1340 or early in 1341, a priest called Richard de Folville, who had long been notorious as a habitual criminal, took refuge from justice, with some of his followers, in the church of Teigh, Rutland, of which he had been rector for twenty years. After he had killed one of his pursuers, and wounded others, by arrows shot from within, he was at length dragged out and beheaded by Sir Robert de Colville, a keeper of the peace.2 In itself this sordid occurrence is of no special interest, but if we look into the long career of crime which ended thus, we may find that we have come upon something of wider significance. This Richard proves to have been one of six brothers who were all criminals, and their history has left a considerable mark in the records. Thanks to the work of a number of scholars in recent years, we now know a good deal about the apparatus of criminal jurisdiction in the earlier fourteenth century, but of what might be called the forces of disorder, indispensable though they were to the working of the system of justice, we are still very ignorant. ‘Who were the burglars, robbers, and murderers … the sleepers by day and wanderers by night? What was their political, social, and economic status?’ These questions, given here in the words of Professor Putnam, are the reason for devoting this paper to so narrow a subject as the history of one obscure midland family during the early years of Edward III.

Legislative History of the Gold Coast and Lagos Marriage Ordinance: III

1979 ◽  
Vol 23 (1) ◽  
pp. 10-36
Author(s):  
Shirley Zabel
Keyword(s):  
Hong Kong ◽  
British Empire ◽  
Gold Coast ◽  
Marriage Law ◽  
Legislative History ◽  
History Of ◽  
The Creation ◽  
St Helena ◽  
Made In

The creation for the island of St. Helena of a marriage law destined to become the model for marriage ordinances throughout the British Empire has been dealt with in an earlier issue of this Journal. Celebration upon certificate from the Registrar either before the Registrar or in a licensed place of worship by an authorised minister in accord with the “Rogers formula”, (after the draftsman of the St. Helena law) was to become the standard for marriages in the colonies. The adoption of the St. Helena model in Ceylon, with some embellishments, has also been described. Further refinements were then made in the use of the model for Hong Kong.

Non-linear optimized fibre reinforced plates in bending

1978 ◽  
Vol 84 (3) ◽  
pp. 539-544
Author(s):  
P. G. Lowe ◽  
S. F. Yasseri
Keyword(s):  
Reinforced Concrete ◽  
Series Expansion ◽  
Bending Moment ◽  
Good Deal ◽  
Reinforced Composites ◽  
Non Linear ◽  
Almost All ◽  
Linear Expression ◽  
Fibre Reinforced Composites ◽  
Made In

1. Introduction. In recent years a good deal of progress has been made in obtaining solutions to practical problems concerned with reinforcement optimization of what, in practice, might be reinforced concrete or other fibre reinforced composites in bending (1). Almost all the solutions have been obtained using a linear expression relating bending moment to the amount of fibre required. In what follows a non-linear expression will be adopted; the expression is obtained by including the next term in a parameter series expansion.

scholarly journals Como a história da escravidão pode ajudar a formar uma teoria brasileira do direito? | How can the history of slavery inform a Brazilian theory of law?

2021 ◽  
Vol 3 (1) ◽  
pp. 272-291
Author(s):  
Paulo Henrique Rodrigues Pereira
Keyword(s):  
19Th Century ◽  
Legal System ◽  
Legal History ◽  
Liberal Tradition ◽  
National Legal System ◽  
History Of ◽  
Theory Of Law

ResumoO direito brasileiro foi articulado em torno das categorias clássicas do liberalismo europeu. Para além do debate da compatibilidade entre liberalismo e escravidão, esse artigo pretende demonstrar como a necessidade de preservar uma escravidão semilegal constituiu institucionalidades que fizeram com que o direito brasileiro operasse problematicamente sob o registro da tradição liberal, mesmo em relação aos seus cidadãos livres. Isso não foi um “erro” do direito, uma falha, mas foi antes uma ação inteligível dos arquitetos das formas e modos de funcionamento da juridicidade nacional. Nesse sentido, esse artigo pretende apontar para a necessidade de construção de uma teoria brasileira do direito que dê conta de compreender as particularidades de um sistema jurídico profundamente afetado pelo escravismo do século XIX.Palavras-chave: História do Direito. Teoria do Direito Brasileiro. Direito da Escravidão. AbstractBrazilian Law was crafted around the classical categories of European liberalism. Beyond the debate regarding the compatibility between liberalism and slavery, this paper intends to show how the need to preserve a semi-legal slavery system created illegalities that highlighted the contradictions between Brazilian Law and the liberal tradition. The resulting tensions also created consequences for free citizens, which are the focus of this paper. It demonstrates that these consequences were not mere legal defeasibility, but rather an intelligible action shaping the national legal system. The article advocates for the necessity to build a Brazilian theory of Law that takes these aspects into consideration, accounting for the systematic impact of 19th-century slavery on the idea of legality in Brazil.Keywords: Legal History. Brazilian Theory of Law. Slavery Law.

Unions and the Popular Front: The West Coast Waterfront in the 1930s

1986 ◽  
Vol 30 ◽  
pp. 59-78
Author(s):  
Bruce Nelson
Keyword(s):  
New York ◽  
Communist Party ◽  
Good Deal ◽  
The United States ◽  
Popular Front ◽  
Human Face ◽  
History Of ◽  
Patterns Of Behavior ◽  
The Relationship ◽  
Made In

Recent discussions of the history of American communism have generated a good deal of controversy. A youthful generation of “new social historians” has combined with veterans of the Communist party to produce a portrait of the Communist experience in the United States which posits a tension between the Byzantine pursuit of the “correct line” at the top and the impulses and needs of members at the base trying to cope with a complex reality. In the words of one of its most skillful practitioners, “the new Communist history begins with the assumption that … everyone brought to the movement expectations, traditions, patterns of behavior and thought that had little to do with the decisions made in the Kremlin or on the 9th floor of the Communist Party headquarters in New York.” The “new” historians have focused mainly on the lives of individuals, the relationship between communism and ethnic and racial subcultures, and the effort to build the party's influence within particular unions and working-class constituencies. Overall, the portrait has been critical but sympathetic and has served to highlight the party's “human face” and the integrity of its members.

scholarly journals MANIFESTATION OF SHARIA REGIONAL REGULATIONS IN MANAGING SOCIAL MORALITY

2021 ◽  
Vol 20 (2) ◽  
pp. 189
Author(s):  
Muhammad Sabir ◽  
Nazaruddin Nazaruddin
Keyword(s):  
Legal System ◽  
Great Contribution ◽  
Social Morality ◽  
Regional Autonomy ◽  
National Legal System ◽  
History Of ◽  
Qualitative Descriptive ◽  
Important Position ◽  
And Behavior

This study discuss about the manifestations of shariah perda in managing of sosial morality. The type of this research is a qualitative descriptive using the sociological, historical and normative juridical approaches. The results of this study suggest that the sharia regional regulations are established based on the Koran and hadith. In the history of its formation, it is inseparable from the formation of national law by observing the three periods of its formation, especially regarding regional autonomy. It is also necessary to understand that if you look at the position of regional regulations, especially sharia regulations by looking at the legal system in force in this country, it can be understood that Islamic sharia has an important position in the formation of law in Indonesia. This regulation aim of safeguarding and protecting the dignity of the community. Although there is opposition and rejection of it, this rule is in accordance with the national legal system and makes a great contribution to managing people's lives. Because one of the functions of law is to regulate or control the actions and behavior of the community so as not to do actions that are detrimental to themselves and to the surrounding community.

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