The Law of Torts in Israel: The Problems of Common Law Codification in a Mixed Legal System

1974 ◽  
Vol 22 (2) ◽  
pp. 302 ◽  
Author(s):  
Izhak Englard
Keyword(s):  
Legal System ◽  
Common Law ◽  
The Law

Towards a Transsystemic Study of the Ghana Legal System

2017 ◽  
Vol 6 (1) ◽  
pp. 25-50
Author(s):  
Poku Adusei
Keyword(s):  
Legal System ◽  
Academic Discipline ◽  
Common Law ◽  
Civil Law ◽  
Cross Cultural ◽  
Legal Tradition ◽  
Legal Traditions ◽  
The Law ◽  
Cultural Dialogue

This article provides comprehensive insights into the study of the Ghana legal system as an academic discipline in the law faculties in Ghana. It urges the view that the study of the Ghana legal system, as an academic discipline, should be transsystemic. Transsystemic pedagogy consists in the introduction of ideas, structures and principles which may be drawn from different legal traditions such as civil law, common law, religion-based law, African law and socialist law traditions to influence the study of law. Transsystemia involves teaching law ‘across,’ ‘through,’ and ‘beyond’ disciplinary fixations associated with a particular legal system. It is a mode of scholarship that defies biased allegiance to one legal tradition in order to foster cross-cultural dialogue among legal traditions. It involves a study of law that re-directs focus from one concerned with ‘pure’ legal system to a discourse that is grounded on multiple legal traditions.

Contract

2005 ◽  
Author(s):  
James Gordley
Keyword(s):  
Twentieth Century ◽  
Legal System ◽  
Common Law ◽  
Contract Law ◽  
Legal Method ◽  
Legal Problems ◽  
Early Twentieth Century ◽  
The Will ◽  
The Law

‘Classical’ contract law was built on a substantive premise about contract law and two premises about legal method. The substantive premise was voluntaristic: the business of contract law is to enforce the will or choice of the parties. The first methodological premise was positivistic: the law is found, implicitly or explicitly, in the decisions of common law judges. The second methodological premise was conceptualistic: the law should be stated in general formulas which can be tested by their coherence. Finally, ‘classical’ contract law reflected an attitude about how best to steer a course — as every legal system must — between strict rules and equitable considerations. Since the early twentieth century, classical contract law has been breaking down. Allegiance to its premises has weakened as has the preference for rigor. At the same time, scholars have found classical law to be inconsistent even in its own terms. Nevertheless, much of it has remained in place faute de mieux while contemporary jurists have tried to see what is really at stake in particular legal problems. This article describes their work.

The Neuroscientific Non-Challenge to Meaning, Morals, and Purpose

2018 ◽  
Author(s):  
Stephen J. Morse
Keyword(s):  
Legal System ◽  
Criminal Responsibility ◽  
Human Life ◽  
Common Law ◽  
Civil Law ◽  
New Challenges ◽  
The Law ◽  
Legal Concepts

Stephen J. Morse argues that neuroscience raises no new challenges for the existence, source, and content of meaning, morals, and purpose in human life, nor for the robust conceptions of agency and autonomy underpinning law and responsibility. Proponents of revolutionizing the law and legal system make two arguments. The first appeals to determinism and the person as a “victim of neuronal circumstances” (VNC) or “just a pack of neurons” (PON). The second defend “hard incompatibilism. ” Morse reviews the law’s psychology, concept of personhood, and criteria for criminal responsibility, arguing that neither determinism nor VNC/PON are new to neuroscience and neither justifies revolutionary abandonment of moral and legal concepts and practices evolved over centuries in both common law and civil law countries. He argues that, although the metaphysical premises for responsibility or jettisoning it cannot be decisively resolved, the hard incompatibilist vision is not normatively desirable even if achievable.

Tracing the History of the Legal System in India

2019 ◽  
pp. 1-22
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar
Keyword(s):  
Legal System ◽  
Legal History ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
Medieval Period ◽  
British Raj ◽  
Legal Traditions ◽  
History Of ◽  
The Law

Examination of Indian legal history illustrates the presence of multiple legal orders that coexisted in India through the ages. Moreover, certain ‘modern’ conceptions of law were present in similar forms in India before the medieval period, contrary to Western assumptions. Largely ignoring these legal traditions, the British attempted to re-give law and legal systems to the Indians. This was part of the larger project of ideologically justifying the presence of the British Raj in India. The British used India’s extant legal diversity to argue for the lack of a dominant legal tradition, leading to the introduction of British common law as the law of the land.

scholarly journals The Rights and Obligations of Spouses in Islamic Classic Law

2013 ◽  
Vol 3 (2) ◽  
pp. 183
Author(s):  
Dr.Sc. Juelda Lamçe
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Common Law ◽  
Civil Law ◽  
The Third ◽  
The Past ◽  
Parent Relationship ◽  
The Law

Islamic Law, the third largest global legal system, next to Civil Law and Common Law, has been far -back subject of an increased interest to the academics.  Its main peculiarity is the absorption of theology in the law. There is no clear borderline between juridical and religious regulation. For this reason it is important to understand how certain legal institutes where regulated in the past. In fact, Islamic classic law despite its later evolution is considered the most authoritative legal source, because closest to the Divine Revelation.With regard to the rights and obligations of spouses, they’re conceived in terms of complementary, while their equality is interpreted in terms of moral and spiritual rights and obligations. In order to better comprehend their rights and obligations, it is necessary to analyze the different roles of gender inside the Islamic family.Given the premises, this paper will focus on specific rights and obligations between spouses and with regard to the child-parent relationship. In particular, it will treat the meaning of the supremacy or authority of the man to the woman; the rights and obligations that they have towards the children born in and out of wedlock; the questions on the practice of the polygyny.

scholarly journals SOME CONSIDERATIONS REGARDING THE QUALITY OF PARTY IN INDIVIDUAL LABOUR DISPUTES

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Lavinia Onica Chipea
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Procedure ◽  
Social Dialogue ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Law ◽  
Labour Disputes

AbstractThe paper proposes, based on the analysis of the Code of Civil Procedure and of laborlegislation, particularly those of the Labor Code and the Law on social dialogue, to nominate,to develop analytically and synthetically the institution of the quality of party in a individuallabour conflict.Along with the cited legal provisions, the examples of judicial practice in BihorCounty point out the specific of labor jurisdiction in the Romanian legal system, jurisdictiongoverned by the Code of Civil Procedure, as common law, which is adapted to the speciallegislation of the spirit of this institution.

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.

Constructive Trusts in South African Law: The Legacy Refused

1999 ◽  
Vol 3 (3) ◽  
pp. 341-358 ◽  
Author(s):  
Edwin Cameron
Keyword(s):  
South African ◽  
Legal System ◽  
Common Law ◽  
University Of Edinburgh ◽  
Joint Seminar ◽  
The Subject ◽  
The Law ◽  
Trust Law ◽  
Law Commission

This paper was first presented on 19 October 1996 at a joint seminar of the Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of constructive trusts. Although trusts are a distinctively Common Law institution, seemingly incompatible with Civilian concepts of property, trust law has been received in the mixed South African legal system. But constructive trusts have found no place in South African trust law, in the view of the author, rightly so. Much of the work performed by the constructive trust can be achieved through the law of obligations, while the acceptance of the institution can produce anomalous results in insolvency.

“The Law of the New Hebrides is the Protector of their Lawlessness”: Justice, Race and Colonial Rivalry in the Early Anglo-French Condominium

2017 ◽  
Vol 35 (3) ◽  
pp. 595-620
Author(s):  
Kate Stevens
Keyword(s):  
Cultural Diversity ◽  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Colonial Period ◽  
New Hebrides ◽  
Native Code ◽  
The Law ◽  
The Moment ◽  
And Linguistics

[It] is not I who am on trial here today, but the Law of the New Hebrides.In 1906, Britain and France jointly annexed the New Hebrides. A y-shaped archipelago in the southwest Pacific Ocean, the New Hebrides—which became Vanuatu upon independence in 1980—comprised some eighty islands characterized by high levels of linguistic and cultural diversity. At the moment of annexation, there were also Presbyterian, Anglican, and Catholic missionaries and Euro-American planters and traders, who overlaid religious and national divisions onto the existing social and linguistics ones. Anglo-French rule under the New Hebrides Condominium added a hybrid legal system to this complex mix. During the colonial period, four distinct jurisdictions existed, indicative of the divided, rival nature of governance. These included joint Condominium law, British common law, French civil law, and from 1928, a native code and courts. The plurality and ambiguity of the legal system left ample space for critique and for alternative, extrajudicial justice, as this article explores.

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