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Courts, Codes, and Custom

Courts, Codes, and Custom PDF Author: Dana Zartner
Publisher:
ISBN: 0199362106
Category : Law
Languages : en
Pages : 353

Book Description
Courts, Codes, and Custom addresses the question of why some states recognize and comply with international human rights and environmental law, while others do not. To address this question, Dana Zartner has developed a novel cultural-institutional theory to explain the manner in which a state's domestic legal tradition shapes policy through the process of internalization. A state's legal tradition - the cultural and institutional factors that shape attitudes about the law, appropriate standards of behavior, and the legal process - is the key mechanism by which international law becomes recognized, accepted, and internalized in the domestic legal framework. Legal tradition shapes not only perceptions about law, but also provides the lens through which policy-makers view state interests, directly and indirectly influencing state policy. The book disaggregates the concept of legal tradition and examines how the individual cultural and institutional characteristics present within a state's domestic legal tradition facilitate or hinder the internalization of international law and, subsequently, shape state policy. In turn it explains both the differences in international law recognition across legal traditions, as well as the variance among states within legal traditions. To test this theory Zartner compares case studies within five of the main legal traditions in the world today: common law (U.S. and Australia), civil law (Germany and Turkey), Islamic law (Egypt and Saudi Arabia), mixed traditions (India and Kenya), and East Asian law (China and Japan). She addresses the differences among legal traditions as well as between states within the same tradition; the important role that legal culture and history play in shaping contemporary attitudes about law; and similarities and differences in state policy towards human rights law versus environmental law.

Courts, Codes, and Custom

Courts, Codes, and Custom PDF Author: Dana Zartner
Publisher:
ISBN: 0199362106
Category : Law
Languages : en
Pages : 353

Book Description
Courts, Codes, and Custom addresses the question of why some states recognize and comply with international human rights and environmental law, while others do not. To address this question, Dana Zartner has developed a novel cultural-institutional theory to explain the manner in which a state's domestic legal tradition shapes policy through the process of internalization. A state's legal tradition - the cultural and institutional factors that shape attitudes about the law, appropriate standards of behavior, and the legal process - is the key mechanism by which international law becomes recognized, accepted, and internalized in the domestic legal framework. Legal tradition shapes not only perceptions about law, but also provides the lens through which policy-makers view state interests, directly and indirectly influencing state policy. The book disaggregates the concept of legal tradition and examines how the individual cultural and institutional characteristics present within a state's domestic legal tradition facilitate or hinder the internalization of international law and, subsequently, shape state policy. In turn it explains both the differences in international law recognition across legal traditions, as well as the variance among states within legal traditions. To test this theory Zartner compares case studies within five of the main legal traditions in the world today: common law (U.S. and Australia), civil law (Germany and Turkey), Islamic law (Egypt and Saudi Arabia), mixed traditions (India and Kenya), and East Asian law (China and Japan). She addresses the differences among legal traditions as well as between states within the same tradition; the important role that legal culture and history play in shaping contemporary attitudes about law; and similarities and differences in state policy towards human rights law versus environmental law.

Code, Custom, and Legal Practice in China

Code, Custom, and Legal Practice in China PDF Author: Philip C. Huang
Publisher: Stanford University Press
ISBN: 0804741115
Category : Law
Languages : en
Pages : 261

Book Description
What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Drawing on archival records of actual cases, this study provides a new understanding of late imperial and Republican Chinese law. It also casts a new light on Chinese law by emphasizing rural areas and by comparing the old and the new.

The Judicial Code and Rules of Procedure in the Federal Courts

The Judicial Code and Rules of Procedure in the Federal Courts PDF Author: Henry Melvin Hart
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 756

Book Description


The Code of Canon Law

The Code of Canon Law PDF Author:
Publisher:
ISBN: 9789392340642
Category :
Languages : en
Pages : 0

Book Description


United States Code

United States Code PDF Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1506

Book Description
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Code and Custom in a Thai Provincial Court

Code and Custom in a Thai Provincial Court PDF Author: David M. Engel
Publisher:
ISBN: 9780816506293
Category : Chiang Mai (Thailand : Province)
Languages : en
Pages : 230

Book Description


Guidelines Manual

Guidelines Manual PDF Author: United States Sentencing Commission
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 556

Book Description


Early California Laws and Policies Related to California Indians

Early California Laws and Policies Related to California Indians PDF Author: Kimberly Johnston-Dodds
Publisher: California Research Bureau
ISBN:
Category : Law
Languages : en
Pages : 60

Book Description
Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.

Code and Custom in a Thai Provincial Court

Code and Custom in a Thai Provincial Court PDF Author: David M. Engel
Publisher:
ISBN:
Category :
Languages : en
Pages : 230

Book Description


Blue Laws and Black Codes

Blue Laws and Black Codes PDF Author: Peter Wallenstein
Publisher: University of Virginia Press
ISBN: 0813924871
Category : Political Science
Languages : en
Pages : 324

Book Description
Women were once excluded everywhere from the legal profession, but by the 1990s the Virginia Supreme Court had three women among its seven justices. This is just one example of how law in Virginia has been transformed over the past century, as it has across the South and throughout the nation. In Blue Laws and Black Codes, Peter Wallenstein shows that laws were often changed not through legislative action or constitutional amendment but by citizens taking cases to state and federal courtrooms. Due largely to court rulings, for example, stores in Virginia are no longer required by "blue laws" to close on Sundays. Particularly notable was the abolition of segregation laws, modified versions of southern states’ "black codes" dating back to the era of slavery and the first years after emancipation. Virginia’s long road to racial equality under the law included the efforts of black civil rights lawyers to end racial discrimination in the public schools, the 1960 Richmond sit-ins, a case against segregated courtrooms, and a court challenge to a law that could imprison or exile an interracial couple for their marriage. While emphasizing a single state, Blue Laws and Black Codes is framed in regional and national contexts. Regarding blue laws, Virginia resembled most American states. Regarding racial policy, Virginia was distinctly southern. Wallenstein shows how people pushed for changes in the laws under which they live, love, work, vote, study, and shop—in Virginia, the South, and the nation.