Introduction

2006 ◽  
Author(s):  
Joshua Castellino ◽  
Elvira Domínguez Redondo
Keyword(s):  
Minority Rights ◽  
Legal Systems ◽  
Legal Regimes

This introductory chapter discusses the primary objectives of this book, which is to contribute to the understanding of minority rights in Asia. It aims to study the domestic legal systems of four states, with a view to extrapolating the legal regimes and institutions that exist for the protection of minority rights within their jurisdictions. The four states are India, China, Malaysia, and Singapore.

Introduction

2020 ◽  
pp. 1-32
Author(s):  
Nurfadzilah Yahaya
Keyword(s):  
Indian Ocean ◽  
Southeast Asia ◽  
Historical Perspective ◽  
Legal Pluralism ◽  
Time And Space ◽  
Legal Regimes ◽  
The Indian Ocean

This introductory chapter flips the more common historical perspective that European imperialism led to new patterns of legal pluralism across empires that spawned possibilities for interpolity contact and trade, acting as catalysts for the emergence of global legal regimes. It demonstrates how British and Dutch territorial jurisdictions expressed very specific relationships between territory, authority, and forms of law, and it simultaneously puts into stark relief the preponderance of diasporic Arab merchants generating their own jurisdictions across the Indian Ocean in tandem with those of the European colonist. Not only were these Arabs attuned to legal pluralism being the operative condition of law, they were also acutely aware of jurisdictional ordering and the concentration of power across time and space. The chapter proposes a spatial repositioning of the Indian Ocean from the perspective of Southeast Asia outward toward Hadramawt, a region located in present-day Yemen from which most Arabs in Southeast Asia originated. Ultimately, it presents the result of the legislation after members of the Hadhrami diaspora attempted to bring their own regulation with them, inscribing territorial lines across the Indian Ocean through law.

1. Introduction

2021 ◽  
pp. 1-11
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Eastern Europe ◽  
Legal System ◽  
Central And Eastern Europe ◽  
Legal Systems ◽  
The European Union ◽  
Member States ◽  
The Eu

This introductory chapter traces the development of the European Union. Since its inception in 1952, the EU has matured and developed from a Community of like-minded states into a Union of a greater diversity of states, with a comprehensive legal system which is increasingly penetrating the national legal systems of Member States. From the six original members, the EU now counts 27 Member States. Eleven of the thirteen newer Member States are in Central and Eastern Europe, and have discarded their old Communist regimes, turning into democracies with the qualifications to join the Union. The latest developments and changes, including Brexit and the effects of Covid-19, are also discussed.

Introduction

2021 ◽  
pp. 1-14
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Legal Systems ◽  
Main Claim ◽  
Legal Scholarship ◽  
Legal Nature ◽  
Definition Of ◽  
Common Understanding

The introductory chapter presents the relevance of the topic in the framework of the practice of international organizations and existing legal scholarship. In particular, it describes how scholars and practitioners do not share a common understanding of what an international organization is and the consequences of this absence of agreement. The main claim is that in order to conceptualize international organizations we have to look at the characteristics of the legal systems they develop and the legal nature of their rules. Four main theses are presented: functionalism (international nature), constitutionalism (internal nature), exceptionalism (only some organizations develop internal rules), and informalism (only some rules have an internal nature). Finally, it sets up the aim of the book: to analyse different conceptualizations, to assess the existence of a general regulatory framework, and to provide a definition of the concept of an international organization in international law.

1. Introduction

2018 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Eastern Europe ◽  
Legal System ◽  
Central And Eastern Europe ◽  
Legal Systems ◽  
The European Union ◽  
Member States ◽  
The Eu

This introductory chapter traces the development of the European Union. Since its inception in 1952 the EU has matured and developed from a Community of like-minded States into a Union of a greater diversity of states, with a comprehensive legal system which is increasingly penetrating the national legal systems of Member States. From the six original members, the EU now counts 28 Member States, after Croatia’s recent accession. Eleven of the thirteen States which have joined in the last decade are in Central and Eastern Europe and have discarded their old Communist regimes, turning into democracies with the qualifications to join the Union.

scholarly journals Przesłanki oraz tryb pozbawienia właściciela prawa do lokalu w prawie polskim i niemieckim

2014 ◽  
pp. 7-39
Author(s):  
Aleksandra Sikorska-Lewandowska
Keyword(s):  
Common Property ◽  
German Law ◽  
Legal Systems ◽  
Legal Remedy ◽  
Legal Regimes ◽  
The Common ◽  
Polish Law

In Polish and also in German law a housing community is entitled to sue the owner of premises and demand their sale by public auction. In both legal systems a resolution must be taken by a housing community and then the case must be referred to court. Grounds for an action, in accordance with Polish law, are as follows: long-term default by the owner on the payment of charges due, flagrant or persistent offence against the applicable order of house rules, inappropriate behaviour that makes the use of other premises or the common property burdensome. Under German law, grounds for a claim may be breach of the obligations incumbent on an owner to other owners of premises in such a blatant way that one cannot expect them to continue to maintain community with him. In both legal regimes, that legal remedy is of a unique and final nature and, therefore, is used when other solutions have produced no effect.

Introduction

2020 ◽  
pp. 1-12
Author(s):  
Klimchuck Samet
Keyword(s):  
Legal System ◽  
Common Law ◽  
Philosophical Analysis ◽  
Legal Systems ◽  
History Of ◽  
Moral Dimensions ◽  
The Law

This introductory chapter provides an overview of this book’s study of the history of equity. In his celebrated Lectures on Equity, FW Maitland famously declared that all that could be said in answer to what is distinctive of the law of equity is that it comprises ‘that body of rules administered by our English courts of justice which, were it not for the operation of the Judicature Acts, would be administered only by those courts which would be known as Courts of Equity’. If Maitland was right, then there is no reason to think the law of equity names something about which there could be philosophical foundations. The contributors to this volume share, for the most part, and in various degrees, the view that Maitland was wrong. Since at least the time of Aristotle, equity has captured the interest of philosophers, and that fascination continues today. As equity’s place in the legal system continues to evolve, equity’s correction of the law, equity’s distinctiveness, and equity’s moral dimensions will continue to remain central questions. Philosophical analysis of these aspects of equity in general and equity in common law legal systems promises to help in understanding and better shaping these developments.

Transfer of Ownership In E-Commerce Transactions from the Perspective of Jewish Law: In Light of Israeli and American Law

2010 ◽  
pp. 498-522
Author(s):  
Ron S. Kleinman ◽  
Amal Jabareen
Keyword(s):  
Comparative Study ◽  
Electronic Commerce ◽  
Civil Law ◽  
Jewish Law ◽  
Legal Systems ◽  
Online Sales ◽  
Legal Regimes ◽  
American Law ◽  
Critical Scrutiny ◽  
Similarities And Differences

Do the practices of electronic commerce in general and online sales transactions, in particular, have halakhic validity, and, if so, how exactly do they derive their legal halakhic validity? This article attempts to answer the above questions based on critical scrutiny of the writings of contemporary halakhic scholars who have addressed this issue. These questions are examined in view of the principles pertaining to modes of acquisition in Jewish law and in light of two other legal regimes—Israeli law and American law. The validity of online sales transactions according to Jewish law depends largely on local custom and civil law, are explained in details as this article proceeds. This article presents a comparative study of the similarities and differences between Jewish law and other legal systems, as they relate to e-commerce. This article very carefully demonstrates various transactions and components related to Jewish law which winds up this article.

Ijtihād against Madhhab: Legal Hybridity and the Meanings of Modernity in Early Modern Daghestan

2015 ◽  
Vol 57 (1) ◽  
pp. 35-66 ◽  
Author(s):  
Rebecca Gould
Keyword(s):  
Early Modern ◽  
Legal Reasoning ◽  
Early Modern Period ◽  
Legal Discourse ◽  
Legal Systems ◽  
Legal Norms ◽  
Indigenous Law ◽  
Modern Period ◽  
Legal Regimes ◽  
Shed Light

AbstractThis article explores the interface of multiple legal systems in early modern Daghestan. By comparing colonial engagements with legal plurality with indigenous genres of Daghestani legal discourse, I aim to shed light on the plurality of legal systems that preceded as well as informed legal discourse under colonialism. The Daghestani turn to ijtihād (independent legal reasoning) in the early modern period parallels the turn away from cādāt (indigenous law) that shaped modern Islamic as well as colonial legal regimes, albeit with radically distinctive genealogies. In tracing these internal debates, I offer a preliminary genealogy of Daghestani ijtihād that is grounded in the robust debates concerning the sources of Islamic authority that originated in Yemen and were transmitted to Daghestan by traveling scholars. This essay is a contribution to the study of legal norms on colonial borderlands, as well as to the study of Islamic modernity before colonialism.

Making Law Intelligible in Comparative Context

2018 ◽  
pp. 1-58
Author(s):  
Brian P. Owensby ◽  
Richard J. Ross
Keyword(s):  
Nineteenth Century ◽  
Deep Understanding ◽  
Comparative Approach ◽  
Legal Systems ◽  
Close Attention ◽  
Early Nineteenth Century ◽  
Legal Regimes ◽  
Law And Justice

In this opening chapter, Owensby and Ross offer a conceptual, theoretical, and historiographical framing of “legal intelligibility” and explore its relevance to understanding interimperial legalities from the sixteenth to the early nineteenth century. They advocate an explicitly comparative approach between Iberian and British legal systems as these played out on the ground, while arguing that a deep understanding of law and justice in these settings requires equally close attention to indigenous legal ideas and practices. The authors argue that imperial and indigenous legal presuppositions informed, shaped, and sometimes misdirected legal encounters. At the heart of the process is what they call “legal intelligibility”—how and to what extent legal regimes and associated notions of justice became intelligible to settlers and Natives who faced each other across the terrain of law.

Introduction

2020 ◽  
Author(s):  
Geva Benjamin ◽  
Peari Sagi
Keyword(s):  
Complex Case ◽  
Legal Systems ◽  
Commercial Activity ◽  
Choice Of Law

This introductory chapter provides an overview of negotiable instruments. Bills of exchange, cheques, and promissory notes are the main classical negotiable instruments. Through their evolution, fusion, and sophistication, they have remained a primary tool for everyday commercial activity, serving as one of the main methods of payment and credit and one of the cornerstones of the contemporary bank-centred system. While the principal fundamentals governing negotiable instruments in the various legal systems tend to be based on a common set of organizing ideas, detailed rules vary from place to place. This requires the identification and knowledge of the national law that should govern an international negotiable instrument. This book offers a comprehensive and thorough analysis of the choice-of-law rules applicable to negotiable instruments. It argues that the complex case of international negotiable instruments law should be analysed through the lens of traditional contract and property choice-of-law doctrines rather than by crafting new specially designed rules for negotiable instruments.

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