Relevant bibliographies by topics / Legal and customary

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Legal and customary'

Author: Grafiati
Published: 25 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Legal and customary"

1

Tatum, Melissa. "Customary Law of Indigenous Communities: Making Space on the Global Environmental Stage." Michigan Journal of Environmental & Administrative Law, no. 9.1 (2020): 77. http://dx.doi.org/10.36640/mjeal.9.1.customary.

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The high stakes often involved in controversies regarding who owns valuable natural resources and who has the authority to regulate environmental contaminants have resulted in fierce legal battles and struggles to establish and define international principles of law. Grand theoretical debates have played out on the international stage regarding the principle of free, prior, and informed consent and the legal contours of corporate social responsibility. Meanwhile, often under the radar, Indigenous people around the world have worked to create a sustained niche for their community and culture in the face of exploitation and environmental devastation at the hands of the dominant culture. Working both within and outside of formal legal systems, Indigenous communities have consciously stayed rooted in their customary law and traditions to address the biggest challenges facing their way of life. As the beginning of an effort to study these approaches more thoroughly, this article sets forth a taxonomy for classifying different uses of the customary law of Indigenous peoples. A taxonomy will provide a common language for identifying and discussing these efforts and how they fit into a multicultural, international legal system.
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Lubis, Ramiah, and Hijriyana Safithri. "LEGAL PROTECTION OF ULAYAT RIGHTS." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 21, no. 1 (June 9, 2021): 81–92. http://dx.doi.org/10.19109/nurani.v21i1.6627.

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Land is the surface of the earth which is one of the objects regulated by Agrarian Law. The new Agrarian Law must comply with the legal awareness of the people at large. Because the Indonesian people are largely subject to customary law, the new agrarian law will also be based on the provisions of customary law as original law, which are refined and adjusted to the interests of the community. Customary law is the main source in the formulation of national land laws, as the first source. In the land law, the hierarchy of land tenure rights is regulated, including the Ulayat Rights. The method used in this research is field research. Writing this research aims to describe the application of the distribution of customary land rights owned by the customary law community of the MuaraEnim district, namely Paya Angus Village and the form of legal protection for the indigenous people of Paya Angus, but because their work does not reside in Paya Angus Village. The result of this research is that the residents of Paya Angus village have obtained their customary rights in accordance with the regulations in force in the village and the form of legal protection obtained by the residents of Paya Angus village who live outside the village because they work in MuaraEnim district is not clearly explained about There is a legal basis and rules that regulate, but customary rights are recognized by law and its application refers to the Basic Agrarian Law and customary law in force in Paya Angus Village so that with an agreement from the village head, the community is still entitled to get rights. Ulayat and obliged to continuously cultivate the land
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Pillay, Navi. "Legal Eye: Equality and Customary Law." Agenda, no. 20 (1994): 44. http://dx.doi.org/10.2307/4065869.

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Yahya, Taufik, and Fauzi Syam. "RETHINKING THE ROLE OF INDIGENOUS LAW COMMUNITY IN MANAGING INDIGENOUS FOREST IN JAMBI PROVINCE." Jambe Law Journal 1, no. 1 (July 9, 2018): 35–54. http://dx.doi.org/10.22437/home.v1i1.1.

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This paper examines the synchronization of legal regulations in forestry, green farming, and mining sectors along with their implementation regulations. The certainties of the existence of customary law community in Legal Acts No. 41 year 1999 concerning Forestry does not give certainties for customary law community in managing forest in Indonesia. Meanwhile, Legal Acts No. 6 year 2014 about Village stresses out that there is a specific acknowledgement about local customary village as a part of Customary Law Community. In the Legal Acts about Village, the establishment of Customary Law Community is strongly stated in provincial government regulations. This paradox has brought a bad consequence to customary forest that is managed by customary law communities in Jambi province.
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Yahya, Taufik, and Fauzi Syam. "RETHINKING THE ROLE OF INDIGENOUS LAW COMMUNITY IN MANAGING INDIGENOUS FOREST IN JAMBI PROVINCE." Jambe Law Journal 1, no. 1 (July 9, 2018): 35–54. http://dx.doi.org/10.22437/jlj.1.1.35-54.

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This paper examines the synchronization of legal regulations in forestry, green farming, and mining sectors along with their implementation regulations. The certainties of the existence of customary law community in Legal Acts No. 41 year 1999 concerning Forestry does not give certainties for customary law community in managing forest in Indonesia. Meanwhile, Legal Acts No. 6 year 2014 about Village stresses out that there is a specific acknowledgement about local customary village as a part of Customary Law Community. In the Legal Acts about Village, the establishment of Customary Law Community is strongly stated in provincial government regulations. This paradox has brought a bad consequence to customary forest that is managed by customary law communities in Jambi province.
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Plockaya, Olga. "Customary Law Experience of Crime Prevention in the Customary Law of the Permian Peoples." Russian Journal of Criminology 13, no. 2 (April 26, 2019): 354–64. http://dx.doi.org/10.17150/2500-4255.2019.13(2).354-364.

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The goal of this research was to study the customary law experience of the Permian peoples in the sphere of crime prevention. To achieve this goal, the author studied the specific features of the model of crime prevention in the ethnic community and the methods of legal education used by the Permian peoples and aimed at crime prevention. The object of research is the customary law norms and institutes, as well as traditional beliefs common for the Permian peoples and widely used in the customary law practices of the eastern Finno-Ugrians. The study uses different research approaches. Thus, the use of some elements of the civilization and formation approaches contributed to the analysis of the object of this work from the standpoint of the development of public, spiritual and moral, general cultural relations in the Permian ethno-local society. The anthropological approach was necessary for the analysis of the mentality and legal consciousness of some ethno-local groups of the Permian peoples and their influence on the early detection and prevention of crimes. The institutional approach, the elements of which were used in the current study, made it possible to show the mutual correlation between the customary law sources of law, the forms of positive law and state institutions. The historical approach gave the author an opportunity to describe certain elements of customary law of the Permian peoples as part of the legal system of the Russian state. The methodological basis of this study is the integral complex of the cognition methods used not only in the contemporary legal science, but also in other humanities. These are the historic-legal, systemic, structural-functional, formal legal, comparative legal methods, the method of logical analysis, etc. Special attention is paid to the text analysis of legal, mythological, historical sources, as well as the reconstruction of the elements of common law experience in the sphere of crime prevention in the customary law of the Permian peoples. The author attempts to identify the specific feature of legal education, and the causes of the effectiveness of customary law norms. She presents a comparative legal analysis of the sources of law, such as the retrospective normative legal acts, as well as the historical-legal, ethnographic, folklore data. The research of ethno-linguists, ethnologists, studies in pedagogics, the theory and history of law are used to reconstruct the genesis and replication of the specific features of the customary law experience in the sphere of crime prevention in the customary law of the Permian peoples.
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Webber, Jeremy. "The Grammar of Customary Law." McGill Law Journal 54, no. 4 (May 4, 2010): 579–626. http://dx.doi.org/10.7202/039646ar.

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Abstract All law is customary. This article explores how we should conceive of the customary nature of law, proposing a framework for understanding how legal orders are related to their various societies. The article builds upon the pragmatist conception of law developed by Lon Fuller and Gerald Postema, but it goes well beyond their accounts, arguing that their predominantly functionalist approaches are inadequate. Although law does serve to coordinate social interaction, it does so through specific conceptual languages, through particular grammars of customary law. Law can only be understood if one takes those grammars seriously. The article pursues this argument by drawing comparisons between indigenous and non-indigenous legal orders, both to expand the comparative range and to explore what indigenous legal orders can reveal about law generally. It explores the limitations of functionalist accounts (including law and economics) in the law of persons and property, in presumptions about the foundational requirements of legal order, and in the presence of the sacred or mythic in law. The article concludes that attending to the various grammars of customary law allows one to engage, productively and with insight, in legal reasoning across the normative divide separating different legal cultures.
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Plotskaya O. A., and Kolmakov Petr Aleksandrovich,. "THE ORDINARY LAW OF THE INDIGENOUS NORTHERN PEOPLES OF RUSSIA IN THE XVII – XIX CENTURIES: CONVERGENCE AND RECEPTION." BULLETIN 6, no. 388 (December 15, 2020): 268–74. http://dx.doi.org/10.32014/2020.2518-1467.208.

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This paper discusses the issues of the convergence process, which allows revealing the peculiarities of the interpenetration of customary law among some representatives of the Samoyed and Finno-Ugric peoples. The relevance of the study is due to the identification of the process of influence of customary legal views of the indigenous population of the Northern Russia on the formation of positive law. Objective: to study the process of approximation of customary legal norms, that existed among some Finno-Ugric and Samoyedic peoples both among themselves and with the customary legal elements of ethnic groups living in the neighborhood not excluding the interception between the norms of positive law and customary legal norms of Komi, Nenets, Khanty and Mansi. Results and scientific novelty: The work shows that the approximation of customary legal norms and institutions among these peoples occurred constantly both among themselves and with the customary legal elements of peoples living in territorial proximity with them. Usually legal institutions, which started to be realized in the 17th century, are distinguished. However, by the 19th century an integral system of legal customs is being developed, that was applied among the studied peoples. Attention is drawn to the fact that starting from the 17th century the Russian legislator “protected” the northern peoples from illegal influence and arbitrariness on the part of the officials. By the first half of the 19th century the legislator even sanctioned the most important principles of state policy in the “Charter on the Management of Foreigners”, where normatively not only the traditional forms of using patrimonial lands for indigenous peoples were fixed, but also the possibility of codification of customary law. The novelty of the study is seen in the fact that empirical material has been used to identify the process of interception of customary legal norms and institutions among the studied peoples.
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Disantara, Fradhana Putra. "Konsep Pluralisme Hukum Khas Indonesia sebagai Strategi Menghadapi Era Modernisasi Hukum." Al-Adalah: Jurnal Hukum dan Politik Islam 6, no. 1 (January 1, 2021): 1–36. http://dx.doi.org/10.35673/ajmpi.v6i1.1129.

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The purpose of this legal research is to describe the concept of Indonesian legal pluralism or Indonesian legal pluralism in facing the era of legal modernization; as well as describing the Indonesian legal pluralism strategy in integrating customary courts into the national legal system. This legal research uses a statute approach and a conceptual approach. In this legal research, the primary and secondary legal materials used are inventoried in order to obtain proper legal review; and provides a conceptual analysis of the legal issues discussed. The results of the study stated that as a novelty concept; The concept of typical Indonesian legal pluralism provides equality for the enactment of state law, transnational law and customary law so that they can run together based on the 1945 Constitution of the Republic of Indonesia in the era of legal modernization. Then, the concept of typical Indonesian legal pluralism can be used as a strategy to integrate customary justice into the national legal system through aspects of legal development. Thus, this research is expected to be useful theoretically; namely as a scientific development of customary law, and practical benefits; namely as a reference for drafting regulations on customary villages by local governments. Therefore, researchers recommend that the Indigenous Peoples Bill be a priority in the 2021 National Legislation Program (Prolegnas).
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Marzuki, Al Araf Assadallah. "Penerapan Peradilan Adat Berbasis Kuasi Yudisial Dalam Memutus Sengketa Adat." Legalitas: Jurnal Hukum 12, no. 2 (December 23, 2020): 260. http://dx.doi.org/10.33087/legalitas.v12i2.225.

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The customary court is not a judicial institution that can decide a dispute with the direction of justice as in the national court so that recognition of customary decisions does not get permanent legal force which results in legal uncertainty in dispute resolution through customary court institutions. Thus, there is an idea that is offered in this research that implements customary courts as quasi-judicial in resolving customary disputes. Through normative juridical research, it is found that: first, the position of customary courts is only limited to deliberative dispute resolution, and in the judicial hierarchy its position is not recognized. Second, the quasi-judicial model that can be applied in customary courts can emulate KPPU in deciding disputes where to obtain permanent legal force, the KPPU's decision needs to be ruled by a district court, and if some object to the verdict, they can file an objection legal remedy in the domestic court. a period of 14 days from receipt of the decision on the parties.
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Dissertations / Theses on the topic "Legal and customary"

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Morudu, Ntebo Lauretta. "The indiginisation of customary law : creating an indingenous legal pluralism." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/77420.

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In the advent of the current dispensation, South Africa’s Constitution elucidates that customary law is in parallel with common law under section 39 of the Constitution,1 in light to this contention, the study begs to claim that this is only superficial.2 The constitutional advancement of customary law has been delayed in terms of legislative and judicial reform and development, and the legislature is inattentive with respect to remedying the inadequate position customary law is placed in. Instead, the legislature has been replacing customary law considered ‘non-transformative and undeveloped’, with common law to promptly deal with customary disputes.3 The insufficiency of the development and reform of customary law allows the judiciary and the legislature to limit the development of customary law as a whole in terms of its application and interpretation. It is highly significant to engage with the need to ascertain indigenous people's human rights in South Africa, by paving the way and ensuring due regard to their legal regimes.4 Even at the advent of the codified version of customary law; there are still ambiguities and misunderstandings that exist within the official customary law.5 Engaging in the creation of indigenous legal pluralism in questioning whether customary law can exist as a separate pluralism within the South African state law pluralism, it is both bold and daunting. If an argument cannot be successfully made, the question left to ask by the study is, can customary exist successfully, undistorted and purposefully within the current dispensation? Can the courts and the legislature ensure its constant development and codification, especially giving due regard to living customary law and the customs that exist concurrently? There are foreign and international legal improvements and ways in which some states seek to enforce indigenous people's rights to self-determination and enforcing their legal regimes to recognise and apply their laws in solving their prevailing customary disputes.6 A comparative analysis is essential to assess the longstanding argument that will be made in the study. It is of great significance to consider not only national law in terms of seeking advancement and legislative reform of South Africa’s indigenous pluralism. Additionally, comparatively studying the legal status of foreign customary law that will be used in the study to shed light on how to create such deep indigenous pluralism. Not only considering foreign law but also the current reform of intellectual property law and environmental law; which seeks to recognise the indigenous people's rights for the protection of their indigenous knowledge and resources, respectively. The study would like to engage such legislative reform in order to answer the daunting question of the creation of deep indigenous legal pluralism to ascertain indigenous people's legal regimes and the hegemonic realism of their customary law.
Dissertation (LLM)--University of Pretoria, 2019.
Private Law
LLM
Unrestricted
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Thurn, Nobuko Imai. "Customary practice and legal codes of succession and inheritance in Japan /." The Ohio State University, 1995. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487864986610283.

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Radijeng, Godfrey Olebogeng. "Customary law and gender equality : the legal status of women in Botswana." Thesis, University of Oxford, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.404025.

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Kwonyike, Joshua K. "Legal pluralism in Kenya : a study of Tugen-Arror customary family law." Thesis, University of the West of England, Bristol, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.392856.

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This thesis looks at legal pluralisln in fatnily law. Its Inain concern can be divided into two: the extent of co-existence of indigenous customary family law in a Kenyan society on one hand, and state law (principles and rules) regulating family relations, on the other. This study was based on the Tugen-Arror ethnic community in the Rift Valley Province. One among the 43 ethnic groups found in Kenya; a country colonised by Britain from 1895 to 1963. This left a legal structure which is pluralistic in nature. Nothing confirms this more than the sources of law, the institutions and procedures that exist today. As indicated in this thesis, the sources of law in Kenya can be divided into two main categories: First and foremost, those referred in the thesis as 'inherited' or 'official' state laws which were at first introduced during the colonial rule and later through the post-colonial legal institutions. Secondly, those referred in here as 'indigenous' or 'customary law'. These are custolnary 'legal' norms representing the many ethnic communities in Kenya. The aim of the dissertation, therefore, concerns the implications of legal plurality, the co-existence of different legal principles, institutions and processes all interconnected with the various sources of law, on the general operation of customary family law in Kenya. This co-existence of diverse competing legal systen1s, institutions and processes creates an inevitable conflicting situation. This is nowhere better observed than in the rules and processes connected with customary family relations; particularly in marriage, brideprice, divorce and issues pertaining to parentchild relations (adoption, guardianship and fosterage). In the process of discussing these customary family related matters under the auspices of Tugen-Arror customary law, the different facets of customary and family rules, behaviours, relationships and likewise principles, rules and relations under state law are highlighted. The reason for doing so is to try and reveal the different aspects of Tugen-Arror customary practices that differ from those observed in other communities. The dissertation therefore, focuses mainly on the customary practices of the Tugen-Arror community, at a period of social, economic and political change exerted by forces unrelated to their traditional past, values and aspirations deeply entrenched and in which any social change taking place does so with the interest of the wider family at its core.
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Dennison, David Brian. "The status, rights and treatment of persons with disabilities within customary legal frameworks in Uganda: A study of Mukono District." Doctoral thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27074.

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This thesis addresses the question: How do customary legal frameworks impact the status, rights and treatment of persons with disabilities? It is motivated by two underlying premises. First, customary legal frameworks are highly consequential in Sub-Saharan contexts. Second, human impairments are likely to impact status, rights and treatment in customary legal scenarios. In addition, the reality of deep legal pluralism and an anthropologically versed conception of customary law inform the research design. Customary legal content is rightly discerned by researching its substance and application within the lived environment. The researcher gathered input and stories of 63 persons with disabilities and conducted interviews of 23 community members with heightened knowledge of cultural matters in order to discern the experiences of persons with disabilities in non-formal legal contexts. In her semi-autonomous social field approach, Sally Falk Moore considers diverse and layered sources of law when determining the normative legal content in lived contexts. However, this research uncovered little in the way of normative principles specially pertaining to persons with disabilities within lived environments. Instead, legally consequential occurrences take place in customary scenarios that are largely autonomous from formal actors and institutions. The perceived normative substance of formal and customary law can influence the outcome of customary scenarios, but the decision makers' working knowledge of this legal content as it pertains to people with human impairments is limited and disparate. Decision-making family, clan and community members take various factors into consideration when determining rights, status and treatment in customary scenarios. Suppositions about the capacity and functionality of persons with disabilities are particularly influential. Thus, human impairments can be consequential factors in these decisions. This thesis demonstrates that customary scenarios are highly significant forums for establishing customary rights and status in the contexts of marital relations, clan leadership, customary guardianship, customary succession and land rights. Moreover, it indicates that effectual social and legal influences in these scenarios are multi-sourced, multi-layered and dynamic. Finally, the thesis offers practical change strategies suggested by the research for those seeking to improve the status, rights and treatment of persons with disabilities in Mukono District and similar settings.
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Mwambene, Lea. "Divorce in matrilineal customary law marriage in Malawi: a comparative analysis with the patrilineal customary law marriage in South Africa." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This research aimed to undertake an investigation into the question of whether after divorce, in the matrilineal customary law marriage in Malawi, women's rights are severely violated. The study showed causes of divorce, how proceedings are done, how issues of property are handled, how the issue of custody of children and maintenance are also handled. All this was weighed against the constitutional provisions and international law.
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Shabana, Ayman. "Customary implications in Islamic law the development of the concept of ʻurf in the Islamic legal tradition /." Diss., Restricted to subscribing institutions, 2009. http://proquest.umi.com/pqdweb?did=1905705581&sid=4&Fmt=2&clientId=1564&RQT=309&VName=PQD.

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Luluaki, John Yavavu Yakienjo. "Customary family law in Yangoru : implications of legal pluralism in a Papua New Guinea society." Thesis, University of Cambridge, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.386093.

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Nkomo, Sindiso Nozitha. "A critical analysis of Zimbabwe’s legal response to traditional cultural practices and gender- based violence." University of the Western Cape, 2014. http://hdl.handle.net/11394/4395.

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Magister Legum - LLM
The aim of the study was to assess Zimbabwe‘s legal response to gender-based violence that can be to traditional cultural practices. First, most traditional cultural practices in Zimbabwe are discriminatory towards women and girls; the study has therefore shown the link between gender-based violence and traditional cultural practices. Second, it has been shown that the recognition of the right to culture by international and regional instruments is subject to non-violation of human rights. Third, the min-thesis has also established that in complying with its international obligations on the protection of women from gender-based violence linked to traditional cultural practices, Zimbabwe has enacted a plethora of legislation. More importantly, the study has also proven that despite these legal initiatives, gender-based violence linked to traditional cultural practices still continues. This mini-thesis has, among other factors, highlighted the following as shortfalls in legislations passed to address this problem: poor enforcement of these laws; Zimbabwe‘s hybrid legal system where customary law operates in conjunction with civil laws; weak wording of some pieces of legislation, such as legislation that deals with marriage rights for women married under customary law; and that most women, especially those in rural areas are not fully equipped with the knowledge of the different pieces of legislation that have been put in place to protect them from such violence.
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Herrera, Mónica Rocha. "Legal hermeneutics and emerging customary norms in international law, with particular focus on values of humanness." Thesis, University of Warwick, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.251055.

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Books on the topic "Legal and customary"

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Phelan, Peter R. The traditional legal system of Sabah. Kota Kinabalu: Centre for Borneo Studies, Yayasan Sabah, 2003.

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Custom in Islamic law and legal theory: The development of the concepts of ʻUrf and ʻĀdah in the Islamic legal tradition. New York: Palgrave Macmillan, 2010.

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Ahmad, Sharifah Suhana. Malaysian legal system. Kuala Lumpur: Malayan Law Journal Sdn. Bhd., 1999.

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Ahmad, Sharifah Suhana. Malaysian legal system. 2nd ed. Kelana Jaya, Selangor Darul Ehsan: Malayan Law Journal Sdn. Bhd., 2007.

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Annoussamy, David. The French legal system and its Indian connections. Bangalore: Institute of Comparative Law and Jurisprudence, National Law School of India University, 1995.

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Legal pluralism in Malawi: Historical development 1858-1970 and emerging issues. Zomba, Malawi: Kachere Series, 2007.

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The practical approach to Nigerian legal system. Kaduna, Nigeria: Joyce Graphic Printers & Publishers, 2008.

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Agbede, I. Oluwole. Legal pluralism. Ibadan, Nigeria: Shaneson C.I., 1991.

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Dev, Kohli Hari, ed. Customary law as at present ascertained. New Delhi: Universal Law Pub. Co., 2007.

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Australia, Law Reform Commission of Western. Aboriginal customary laws: Discussion paper. Perth, Western Australia: Law Reform Commission of Western Australia, 2005.

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Book chapters on the topic "Legal and customary"

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Jany, Janos. "Exclusive Customary Laws." In Legal Traditions in Asia, 399–415. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-43728-2_13.

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Jany, Janos. "Concurrent Customary Laws." In Legal Traditions in Asia, 417–45. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-43728-2_14.

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Jany, Janos. "Complementary Customary Law." In Legal Traditions in Asia, 447–52. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-43728-2_15.

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Brès, Aurélie. "Tradition in the French Legal System: Outward Signs and Usefulness." In Customary Law Today, 15–30. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-73362-3_2.

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van Koppen, Barbara. "Customary water rights and legal pluralism." In Routledge Handbook of Water Law and Policy, 9–22. Handbook of water law and policy Description: New York: Routledge, 2016.: Routledge, 2017. http://dx.doi.org/10.4324/9781315651132-2.

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Corrin, Jennifer. "Constitutionalism and Customary Laws in Solomon Islands." In Debating Legal Pluralism and Constitutionalism, 273–304. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-34432-0_9.

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Heemann, Lisa. "Living customary law in South Africa." In Normative Spaces and Legal Dynamics in Africa, 188–201. Abingdon, Oxon ; New York, NY : Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9781003015734-13.

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Janine, Ubink. "The complexity of legal pluralist settings." In The State and the Paradox of Customary Law in Africa, 213–26. Abingdon, Oxon ; New York, NY : Routledge, 2018. | Series: Cultural diversity and law: Routledge, 2018. http://dx.doi.org/10.4324/9781315552491-9.

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Baldarelli, Margherita. "Between Customary and Statutory Tenure: Understanding Large-Scale Land Acquisitions in Zambia." In LITES - Legal Issues in Transdisciplinary Environmental Studies, 341–65. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-64756-2_16.

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Hailbronner, Kay. "Nonrefoulement and “Humanitarian” Refugees: Customary International Law or Wishful Legal Thinking?" In The New Asylum Seekers: Refugee Law in the 1980s, 123–58. Dordrecht: Springer Netherlands, 1988. http://dx.doi.org/10.1007/978-94-017-6389-9_9.

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Conference papers on the topic "Legal and customary"

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Siregar, Mhd Azhali, and Madiasa Ablisar. "Development of Customary Law System in the National Legal System." In International Conference of Science, Technology, Engineering, Environmental and Ramification Researches. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0010082614741478.

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Wibawa, I. Putu Sastra, and I. Wayan Martha. "The Authority of Customary Village In Managing Tourism Objects." In Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.1-7-2020.2303628.

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Nugroho, Sigit, Absori Absori, Harun Harun, and Rahmanta Setiahadi. "Customary Law Harmonization Norma Interaction and Legal State in the Management of Natural Resources Conservation." In Proceedings of 1st Workshop on Environmental Science, Society, and Technology, WESTECH 2018, December 8th, 2018, Medan, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.8-12-2018.2283961.

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Marselus Nggoro, Adrianus, FX Adji Samekto, and Sukirno. "Tradition of Caci Manggarai: The Spirit of Politics of Customary Inheritance Law for Democratic and Gender Equitable Law." In Proceedings of the 2nd International Conference on Indonesian Legal Studies (ICILS 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icils-19.2019.37.

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Martitah, Martitah, Slamet Sumarto, and Arif Hidayat. "The Existence of Customary Law and Islamic Law in the optics of the Indonesian Legal System." In Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.1-7-2020.2303643.

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Мусаев, Сайд-Магомед Исламович. "MINIMUM AGE OF CRIMINAL LIABILITY: FLEXIBLE AGE METHOD." In Наука. Исследования. Практика: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Декабрь 2020). Crossref, 2021. http://dx.doi.org/10.37539/srp294.2020.29.59.007.

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В статье рассматриваются вопросы привлечения малолетних лиц к уголовной ответственности посредством применения метода гибкого возрастного периода, который применяется в ряде стран, как правило, относящихся к правовой семье обычного права. The article discusses the issues of bringing minors to criminal responsibility through the application of the flexible age period method, which is used in a number of countries, as a rule, related to the legal family of customary law.
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Габазов, Тимур Султанович. "ADOPTION: CONCEPT, RELIGIOUS AND HISTORICAL AND LEGAL ASPECTS." In Социально-экономические и гуманитарные науки: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Апрель 2021). Crossref, 2021. http://dx.doi.org/10.37539/seh296.2021.54.40.012.

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В статье раскрываются устоявшиеся понятия усыновления и их историческое видоизменение с учетом положений Древнего Рима. Приводятся статистические данные работы судов общей юрисдикции за 1 полугодие 2019 года по исследуемой категории дел как Российской Федерации в целом, так и одного из субъектов - Чеченской Республики. Анализируется отношение таких основных мировых религий как христианство, буддизм и ислам к вопросу усыновления, а также к способам, с помощью которых можно и нужно преодолевать данную социальную проблему. В работе делается акцент на усыновление детей, имеющих живых биологических родителей, а не только сирот, и дается анализ в изучении вопроса усыновления на примере чеченского традиционного общества до начала ХХ века и в настоящее время, а также исследуются виды усыновления. Вводится понятие «латентное усыновление» и раскрывается его сущность. Выявляются разногласия между нормами обычного права и шариата, которые существуют у чеченцев, а также раскрываются негативные стороны тайны усыновления. И в заключение статьи разрабатываются рекомендации по взаимообщению и взаимообогащению между приемными родителями и биологическими родителями усыновляемого. The article reveals the established concepts of adoption and their historical modification, taking into account the provisions of Ancient Rome. Statistical data on the work of courts of general jurisdiction for the 1st half of 2019 for the investigated category of cases of both the Russian Federation as a whole and one of the constituent entities - the Chechen Republic are presented. It analyzes the attitude of such major world religions as Christianity, Buddhism and Islam to the issue of adoption, as well as to the ways by which this social problem can and should be overcome. The work focuses on the adoption of children with living biological parents, and not just orphans, and analyzes the study of adoption on the example of a Chechen traditional society until the beginning of the twentieth century and at the present time, as well as explores the types of adoption. The concept of “latent adoption” is introduced and its essence is revealed. Disagreements are revealed between the norms of customary law and Sharia that exist among Chechens, as well as the negative aspects of the secret of adoption are revealed. And in the conclusion of the article, recommendations are developed on the intercommunication and mutual enrichment between the adoptive parents and the biological parents of the adopted.
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Andara, D., IK Dewi, FM Ramadhan, and Hardin. "Legal Protection of Customers in Credit Agreements with Collateral of Land Rights." In 1st Borobudur International Symposium on Humanities, Economics and Social Sciences (BIS-HESS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200529.222.

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Boğan, Erhan, Saadet Zafer Kavacık, and Mehmet Sarıışık. "A Research to Determine the Opinions and Perceptions of Potantial Manager Candidates Toward Corporate Social Responsibility." In International Conference on Eurasian Economies. Eurasian Economists Association, 2016. http://dx.doi.org/10.36880/c07.01684.

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In recent years, corporate social responsibility, which comprises economic, legal, ethical and philanthropic responsibilities, has become important concept to build good relations between business and stakeholders and to gain competitive advantage over its rivals. Moreover, it has a positive impact on stakeholder’s (for example; employees, customers, investors) attitudes and behaviors toward business. The main aim of this study is to determine opinions and perceptions of students who study management license toward corporate social responsibility. The research data is gathered from final year students of Alanya Alaaddin Keykubat University, Faculty of Management with a used scale. 251 surveys are used in the research. The findings obtained from research have put forth that management faculty students who are future manager candidates are in opinion and perception of covering respectively economic, philanthropic, legal and ethical responsibilities in their decision-making activities. In addition, the students have listed the company’s four most important stakeholders as community, customers, employees and shareholders. Also corporate social responsibility has been emerged by students as a definition of benefit society, compliance with ethical values, volunteer activities and respect for social values.
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Supenti, Dede, and Suparno Suparno. "Legal Protection of Insurance Customers Due to Inverse Managers Involved in Corruption Crimes." In Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.6-3-2021.2306873.

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Reports on the topic "Legal and customary"

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Carter, Becky. Women’s and Girls’ Experiences of Security and Justice in Somaliland. Institute of Development Studies (IDS), February 2021. http://dx.doi.org/10.19088/k4d.2021.077.

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This rapid review seeks to provide an overview of the publicly available literature from the academic, donor, and non-government organisation sources on women’s and girls’ experiences of statutory and customary security and justice in Somaliland. In Somaliland women and girls experience poor security, with high rates of sexual and gender-based violence (SGBV), and significant barriers to gender equality in the pluralistic legal system. The predominant clan-based customary justice system, along with conservative social norms and religious beliefs, discriminates against women and girls, while weak formal state institutions are not able to deliver accessible and effective justice for vulnerable and marginalised groups. Social stigma silences SGBV survivors and their families, with many rape crimes resolved through customary compensation or marriage. National and international organisations have undertaken various activities to promote gender equality in security and justice, with support provided to formal and informal security and justice institutions and actors at national and local levels, as well as initiatives to empower women and girls.
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Carter, Becky. Gender Inequalities in the Eastern Neighbourhood Region. Institute of Development Studies (IDS), March 2021. http://dx.doi.org/10.19088/k4d.2021.062.

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This rapid review examines evidence on the structural causes and drivers of gender inequalities in the Eastern Neighbourhood region and how these gender inequalities contribute to instability in the region. While the Eastern Neighbourhood region performs relatively well on gender equality compared with the rest of the world, women and girls continue to face systemic political and economic marginalisation and are vulnerable to gender-based violence. Research on Armenia, Azerbaijan, Georgia, and Moldova identifies the key underlying cause to be a set of traditional patriarchal gender norms, intersecting with conservative religious identities and harmful customary practices. These norms do not operate in isolation: the literature highlights that gender inequalities are caused by the interplay of multiple factors (with women’s unequal economic resources having a critical effect), while overlapping disadvantages affect lived experiences of inequalities. Other key factors are the region’s protracted conflicts; legal reform gaps and implementation challenges; socio-economic factors (including the impact of COVID-19); and governance trends (systemic corruption, growing conservatism, and negative narratives influenced by regional geopolitics). Together these limit women and girls’ empowerment; men and boys are also affected negatively in different ways, while LGBT+ people have become a particular target for societal discrimination in the region. Global evidence – showing that more gender unequal societies correlate with increased instability – provides a frame of reference for the region’s persistent gender inequalities.
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Child marriage briefing: Zambia. Population Council, 2005. http://dx.doi.org/10.31899/pgy19.1005.

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This brief provides an overview of child marriage as well as the particulars of child marriage in Zambia. This landlocked southern African nation is home to 10.9 million people, with 47 percent of its population under age 15. Zambia is one of the poorest countries in the world; nearly two out of three Zambians live on less than US$1 a day. The country’s economic growth was hindered by declining copper prices and a prolonged drought in the 1980s and 1990s. More recently, the AIDS epidemic has taken a devastating toll: 920,000 adults and children are living with HIV/AIDS, and 630,000 children have been orphaned because of the disease. Child marriage is widespread in Zambia, even though the legal age of marriage is 21 for both males and females. Customary law and practice discriminate against girls and women with respect to inheritance, property, and divorce rights. Domestic violence is a serious problem, with over half of married girls reporting ever experiencing physical violence and more than a third reporting abuse in the past year. Included in this brief are recommendations to promote later, chosen, and legal marriage.
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