scholarly journals Women in Pakistan – A Comparative Analysis of Women's Rights on the Basis of Anglo-Saxon and Muslim Legal Traditions

2021 ◽  
Vol 1 (1/2020) ◽  
pp. 283-322
Author(s):  
Amna Hassan
Keyword(s):  
Legal Status ◽  
Common Law ◽  
Case Law ◽  
Historical Background ◽  
Anglo Saxon ◽  
Legal Traditions ◽  
Sharia Law ◽  
Basic Parameters ◽  
In The Beginning ◽  
Status Of Women

This paper draws attention towards the legal status of women in the Anglo-Saxon (common law) and Muslim legal traditions (Sharia law) of the Islamic Republic of Pakistan. In the beginning, the paper provides elaboration on the concept and historical background of Sharia law. The paper then chalks out in detail the historical background of women’s status in Pakistan based on two basic parameters, that is, on the basis of their rights under Sharia law and on the basis of their rights under common law i.e. the Constitution and legal Statutes. Although Sharia law generally treats women as equal to men, there are still certain matters in which women are treated unequally such as marriage, divorce, inheritance, property rights, etc. The paper then concludes with a comprehensive analysis of the rights of women in Pakistan under both systems of law through a study of case-law.

scholarly journals Habeas corpus w Polsce oraz w niektórych państwach kręgu common law. Analiza prawnoporównawcza

2021 ◽  
Vol 5 (2) ◽  
pp. 1-30
Author(s):  
Przemysław Krawczyk ◽  
Bartosz Łukowiak
Keyword(s):  
Common Law ◽  
United States Supreme Court ◽  
Case Law ◽  
The United States ◽  
Habeas Corpus ◽  
Legal Analysis ◽  
Anglo Saxon ◽  
Legal Code ◽  
Procedural Law ◽  
European Court

In their article, Przemysław Krawczyk and Bartosz Łukowiak discuss the issue of the habeas corpus procedure. On the basis of a comparative legal analysis, they present a model of the functioning of this institution in Poland and in selected countries whose legal code is based on common law. Krawczyk and Łukowiak discuss in detail, among other things, the scope and the subject matter of this mode and the catalogue of guarantees associated with it. Their research has made it possible to compare the most important similarities and differences in the functioning of the habeas corpus privilege in the Polish legal code and in common law. This, in turn, has allowed them to assess the accuracy of some of the solutions known to the Polish criminal procedural law. This article contains extensive references to the views expressed on this mode both in the Polish and the Anglo-Saxon doctrine of the procedural criminal law and to the case law of the European Court of Human Rights and the United States Supreme Court.

scholarly journals Canadian Women as Legal Persons: How Alberta Combined Judicial, Executive and Legislative Powers to Win Full Legal Personality for All Canadian Women - The Jubilee of Henrietta Muir Edwards and Others v. Attorney-General for Canada decided October 18, 1929

1969 ◽  
pp. 331
Author(s):  
Olive M. Stone
Keyword(s):  
Historical Perspective ◽  
Legal Status ◽  
Attorney General ◽  
Case Law ◽  
Western Canada ◽  
Legal Personality ◽  
Legal Development ◽  
The Status ◽  
British Case ◽  
Status Of Women

Alberta was greatly influential in the development of the full legal status of women in Canada. The author discusses the state of laws concerning women prevailing before the landmark case Edwards v. Attorney-General for Canada,providing valuable historical perspective. American and British case law and statutes are compared with their Canadian counterparts, concluding with an overview of the legal development of the status of women in Western Canada.

scholarly journals The legal status of human biological material used for research

2021 ◽  
Vol 138 (4) ◽  
pp. 881-907
Author(s):  
Donrich W Thaldar ◽  
Bonginkosi Shozi
Keyword(s):  
Biological Material ◽  
Legal Status ◽  
Common Law ◽  
Research Participant ◽  
Case Law ◽  
Research Context ◽  
Research Institution ◽  
Statutory Requirement ◽  
The Common ◽  
Human Biological Material

Whether human biological material (‘HBM’) in the research context is susceptible of ownership is contested, yet under-investigated. This situation leads to legal uncertainty for local scientists and their international collaborators. This article presents a comprehensive analysis of the topic — investigating both common law and statutory law — and concludes that HBM in the research context is indeed susceptible of ownership. First, since the common law is dynamic, it should recognise the reality that HBM has become useful in the research context and should therefore treat HBM in this context as susceptible of being owned. This aligns with the general trend in comparative foreign case law. Secondly, since relevant statutes consistently use the legal-technical term ‘donation’ to denote a situation where HBM is provided by a research participant to a research institution for the purposes of research, the transfer of ownership in the donated HBM from the research participant to the research institution is a statutory requirement. This necessarily implies that HBM in the research context is indeed susceptible of ownership and, moreover, that HBM in the research context is owned by research institutions and not research participants.

scholarly journals PRACTICAL ASPECTS OF APPLYING DIFFERENT LEGAL TRADITIONS IN INTERNATIONAL ARBITRATIONS

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Dragan Zelić ◽  
Nenad Baroš
Keyword(s):  
Common Law ◽  
Legal Systems ◽  
Anglo Saxon ◽  
Judicial Process ◽  
Left Behind ◽  
Legal Traditions ◽  
The Will ◽  
The Difference ◽  
Definition Of

There is no unified and comprehensive definition of arbitrationin legal science.3 Most of the positive regulations that regulate it, both in theworld and in our country (the Arbitration Act), omit the issue of its definition.However, in science and in legal practice, arbitration is most often definedthrough arbitration dispute, its elements, course and legal effects, and throughindicating differences between arbitration and judicial process, i.e., arbitrationand other alternative dispute resolution methods. It is concluded that arbitrationis an alternative to judicial settlement of a dispute, formed by consensus orconsent of the will of the parties involved, private, and that its decisions arelegally binding and final.4 5 This paperwork is trying to explain differences anddifferent way of conducting in case when participants in arbitration cases arefrom different legal systems, especially differences between the most importantand the most spreader legal systems in the world, European, civil law systemand Anglo-Saxon law (common law). In the second and third chapter, attentionis paid to the procedural and material differences between the continental andthe common law arbitration procedures, especially in differences between theinvestigative (continental legal system) and the common law principles of theproceedings. In the fourth chapter, the difference between the starting of thearbitration procedure was dealt with, while in chapter five, special attentionwas paid to the presentation of evidence in the mentioned legal systems. Thewitnesses and expert witnesses deal with the sixth and seventh chapters of thepaper, while the question of the privacy of the dispute is left behind for the lastchapter of the paper, followed by a conclusion.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

“The Old Settlers Have Bred a Great Quantity of Slaves”

2017 ◽  
Author(s):  
Katherine Paugh
Keyword(s):  
Legal Status ◽  
Legal Case ◽  
The World ◽  
The Relationship ◽  
Status Of Women

The prospect of legalizing Afro-Caribbean marriage in order to promote fertility raised troubling issues for abolitionist reformers. The previously obscure legal case of Mary Hylas illustrates the legal quagmire created by the uncertain legal status of women who were both married and enslaved. Mary was an enslaved Afro-Barbadian woman who traveled to England with her mistress; while there, she married an Afro-Caribbean man. After her return to Barbados, Mary’s husband sued for her return on the basis that, as her husband, he had greater claim to her person than her master. This case, and the closely related Somerset case, resulted in a legal fracas in which abolitionist and pro-planter lawyers each struggled to define the relationship between marriage and slavery. Mary’s story thus allows us to think more deeply about the world of problems that British reformers faced as they contemplated promoting fertility among the enslaved by encouraging Christian marriage.

The Domestication of the Convention on the Rights of Persons with Disabilities

2018 ◽  
Author(s):  
Lisa Waddington
Keyword(s):  
Direct Effect ◽  
Legal Status ◽  
Case Law ◽  
Legal Systems ◽  
Persons With Disabilities ◽  
International Treaty ◽  
Four Dimensions ◽  
Relevant Case ◽  
Similarities And Differences ◽  
Domestic Law

This chapter reflects on jurisdiction-specific approaches to the domestication of the Convention on the Rights of Persons with Disabilities (CRPD), considering in particular the domestic legal status of the CRPD and the relevance of that legal status for case law. The chapter explores four dimensions of the CRPD’s legal status: direct effect; indirect interpretative effect (where the CRPD influences the interpretation given to domestic law); use of the CRPD because of commitments to another international treaty; and absence of domestic legal status. With the exception of the first category, all dimensions can potentially present themselves in legal systems which tend towards the monist approach as well as in those which tend towards the dualist approach. The chapter discusses examples of relevant case law and reflects on similarities and differences emerging from a comparison of that case law.

Man and Wife

2008 ◽  
Author(s):  
Wilkie Collins
Keyword(s):  
Legal Status ◽  
Wilkie Collins ◽  
The Novel ◽  
Country House ◽  
Radical Critique ◽  
Starting Point ◽  
Marriage Laws ◽  
Woman In White ◽  
The Moonstone ◽  
Status Of Women

This time the fiction is founded upon facts' stated Wilkie Collins in his Preface to Man and Wife (1870). Many Victorian writers responded to contemporary debates on the rights and the legal status of women, and here Collins questions the deeply inequitable marriage laws of his day. Man and Wife examines the plight of a woman who, promised marriage by one man, comes to believe that she may inadvertently have gone through a form of marriage with his friend, as recognized by the archaic laws of Scotland and Ireland. From this starting-point Collins develops a radical critique of the values and conventions of Victorian society. Collins had already developed a reputation as the master of the 'sensation novel', and Man and Wife is as fast moving and unpredictable as The Moonstone and The Woman in White. During the novel the atmosphere grows increasingly sinister as the setting moves from a country house to a London suburb and a world of confinement, plotting, and murder.

scholarly journals From Norms to Facts: The Realization of Rights in Common and Civil Private Law

2011 ◽  
Vol 56 (1) ◽  
pp. 77-114 ◽  
Author(s):  
Helge Dedek
Keyword(s):  
Legal System ◽  
Deep Structure ◽  
Common Law ◽  
Social Reality ◽  
Judicial Decision Making ◽  
Legal Traditions ◽  
The United Kingdom ◽  
The Common ◽  
Legal Concepts ◽  
The Ideal

Every legal system that ties judicial decision making to a body of preconceived norms has to face the tension between the normative formulation of the ideal and its approximation in social reality. In the parlance of the common law, it is, more concretely, the remedy that bridges the gap between the ideal and the real, or, rather, between norms and facts. In the common law world—particularly in the United Kingdom and the Commonwealth—a lively discourse has developed around the question of how rights relate to remedies. To the civilian legal scholar—used to thinking within a framework that strictly categorizes terms like substance and procedure, subjective right, action, and execution—the concept of remedy remains a mystery. The lack of “remedy” in the vocabulary of the civil law is more than just a matter of attaching different labels to functional equivalents, it is the expression of a different way of thinking about law. Only if a legal system is capable of satisfactorily transposing the abstract discourse of the law into social reality does the legal machinery fulfill its purpose: due to the pivotal importance of this translational process, the way it is cast in legal concepts thus allows for an insight into the deep structure of a legal culture, and, convergence notwithstanding, the remaining epistemological differences between the legal traditions of the West. A mixed jurisdiction must reflect upon these differences in order to understand its own condition and to define its future course.

scholarly journals CODIFICATION, CONSOLIDATION, RESTATEMENT? HOW BEST TO SYSTEMISE THE MODERN LAW OF TORT

2021 ◽  
Vol 70 (2) ◽  
pp. 271-305
Author(s):  
Paula Giliker
Keyword(s):  
Comparative Study ◽  
Common Law ◽  
Civil Law ◽  
Tort Law ◽  
Case Law ◽  
Legal Scholarship ◽  
Legal Rules ◽  
The Law ◽  
Codal Provisions ◽  
Code Civil

AbstractThe law of tort (or extra or non-contractual liability) has been criticised for being imprecise and lacking coherence. Legal systems have sought to systemise its rules in a number of ways. While civil law systems generally place tort law in a civil code, common law systems have favoured case-law development supported by limited statutory intervention consolidating existing legal rules. In both systems, case law plays a significant role in maintaining the flexibility and adaptability of the law. This article will examine, comparatively, different means of systemising the law of tort, contrasting civil law codification (taking the example of recent French proposals to update the tort provisions of the Code civil) with common law statutory consolidation and case-law intervention (using examples taken from English and Australian law). In examining the degree to which these formal means of systemisation are capable of improving the accessibility, intelligibility, clarity and predictability of the law of tort, it will also address the role played by informal sources, be they ambitious restatements of law or other means. It will be argued that given the nature of tort law, at best, any form of systemisation (be it formal or informal) can only seek to minimise any lack of precision and coherence. However, as this comparative study shows, further steps are needed, both in updating outdated codal provisions and rethinking the type of legal scholarship that might best assist the courts.

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