La Coutume and la Législation

2021 ◽  
pp. 116-156
Author(s):  
Marie Seong-Hak Kim

The reformation of customs aimed to bring the sources of law under royal authority and improve judicial administration. Through this process, the king reaffirmed the primacy of legislation in both public and private law. This chapter examines major provisions of the Nouvelle coutume de Paris of 1580 and also looks at judicial cases that were argued at the Parlement of Paris based on the coutumes of other localities. The efforts to reform customs took place in tandem with legislative measures. Most edicts and ordinances inspired by Chancellor Michel de L’Hôpital dealt with public law and procedural matters, but they also covered key private law matters like succession and marital property. Customary law campaigns and legislative activities together represented the royal effort to ensure coherence in the legal system.

Author(s):  
Robert Leckey

Through the narrow entry of property disputes between former cohabitants, this chapter aims to clarify thinking on issues crucial to philosophical examination of family law. It refracts big questions—such as what cohabitants should owe one another and the balance between choice and protection—through a legal lens of attention to institutional matters such as the roles of judges and legislatures. Canadian cases on unjust enrichment and English cases quantifying beneficial interests in a jointly owned home are examples. The chapter highlights limits on judicial law reform in the face of social change, both in substance and in the capacity to acknowledge the state's interest in intimate relationships. The chapter relativizes the focus on choice prominent in academic and policy discussions of cohabitation and highlights the character of family law, entwined with the general private law of property and obligations, as a regulatory system.


2009 ◽  
Vol 36 ◽  
pp. 17-52
Author(s):  
Philip Atsu Afeadie

Colonial law in Africa involved European moral and legal codes representing some rules of western law, as well as elements of African customary law. However, the colonial situation embodying political and economic domination necessarily negated the ideal practice of the rule of law. Nevertheless, the need arose to introduce some aspects of western law and codes of administration, including salary and benefits schemes for African employees of the colonial government, and legal entitlements such as court trials for accused government employees. These considerations were deemed necessary, if at least to propitiate metropolitan critics of the colonial establishment. Also some rule of law was required for the organization of the colonial economy, including regulation of productive systems and commercial relations. As well, the need for indigenous support necessitated dabbling in indigenous customary conventions. In Muslim polities such as Kano in northern Nigeria, customary conventions included Islamic law.On the establishment of colonial rule in Kano, judicial administration was organized on three principal institutions, involving the resident's provincial court, the judicial council (emir's court), and the chief alkali's court in Kano City with corresponding district alkali courts. The resident's provincial court had jurisdiction over colonial civil servants, including African employees such as soldiers, police constables, clerks and political agents. Also, the provincial court was responsible for enforcing the abolition of the slave trade in the region. The judicial council, classified as “Grade A” court, was composed of the emir, thewaziri(chief legal counselor), the chiefalkaliof Kano (chief judge), theimam(the religious leader of Kano mosque), thema'aji(treasurer), and general assistants including some notable scholars of Kano city. The council adopted thesha'ria(Muslim law) and local Hausa custom, and its jurisdiction extended over “matters of violence, questions of taxation and administration, and cases involving property rights, whether over land, livestock, trade goods, or slaves.” On the issue of capital sentencing, the judicial council required the approval of the resident. The council was also prohibited from authorizing punishments involving torture, mutilation, or decapitation.


Author(s):  
Christopher Boyd Brown

Aural culture, including music, was central to Protestant efforts to redefine authentic Christianity and Christian practice. Inheriting from medieval Christianity both a rich musical tradition and anxiety over the spiritual value of sound, Reformers sought to delimit and deploy music as means and mark of the spread of the Reformation and to employ it in their institutions: in churches and schools as well as in homes. Across confessional boundaries, but in ways distinct to each, the practice of music served to define confessional identity and to bridge or to separate public and private spaces, the sacred and the secular or profane. Despite significant differences in content and context, for the large majority of sixteenth-century Protestants (and in the eyes of their theological opponents), communal singing of hymns (chorales) or metrical psalms became a defining and enduring feature of Protestant identity.


2020 ◽  
pp. 145-178
Author(s):  
Gary Born

This chapter looks at the grave flaws in the current treatment of international law in American courts. Both the status and content of public and private international law in the United States are uncertain, frequently governed by contradictory or parochial rules of State law; the resulting body of international law that is applied by U.S. courts is unpredictable and incoherent. Over the past fifty years, U.S. federal courts have also increasingly marginalized both international law and the role of American courts in resolving international disputes. This treatment of international law threatens serious damage to historic U.S. values and frustrates vitally important national policies. The chapter then considers how the current treatment of international law in American courts is also contrary to the U.S. Constitution’s allocation of authority over the nation’s foreign relations and international trade, which vests the federal government with both plenary and exclusive authority over U.S. foreign relations and commerce, while, exceptionally, forbidding State involvement in either field. Moreover, this treatment conflicts with vital national interests and policies in both fields, frustrating long-standing national interests in the nation’s compliance with international law and development of the international legal system.


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