Journal articles: 'Traditional laws'

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Prins, Harald E. L., Robert M. Leavitt, and David A. Francis. "Wapapi Akonutomakonol. The Wampum Records: Wabanaki Traditional Laws." American Indian Quarterly 18, no. 1 (1994): 107. http://dx.doi.org/10.2307/1185746.

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Phochanthilath, Champathong. "Women’s Rights in Intellectual Property and Traditional Knowledge Protection in Lao pdr." Asia-Pacific Journal on Human Rights and the Law 16, no. 1-2 (October 6, 2015): 9–25. http://dx.doi.org/10.1163/15718158-01601002.

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Lao People’s Democratic Republic is a multicultural country within the Association of South East Asian Nations. It recently adopted the Intellectual Property Law in the context of enhancing regional and global economic integration. The traditional handicraft textile sector is important in Laos. It is of benefit to the country’s economic development, as well as being recognized as an important element of both national culture and the identity of Lao women. However, Lao craftswomen are facing a strong challenge preserving their traditional knowledge due to the extremely cheap imitations of items such as scarves and Lao skirts, which are being sold in Laos. This article aims to discuss the existing international instruments and related national laws regarding intellectual property and protection of traditional knowledge with particular regard to women’s rights. Intellectual property and traditional knowledge issues attract more attention than intellectual property rights under the World Intellectual Property Organization regime; unesco, trips, cbd and human rights treaties, all to which Lao is a party, are also relevant. Nationally, Laos is still lacking adequate and appropriate means to protect rights of women as traditional knowledge holders in terms of national laws.

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Susanti, Diah Imaningrum, Rini Susrijani, and Raymundus I. Made Sudhiarsa. "Traditional Cultural Expressions and Intellectual Property Rights in Indonesia." Yuridika 35, no. 2 (December 26, 2019): 257. http://dx.doi.org/10.20473/ydk.v35i2.15745.

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Protection of traditional culture and knowledge has been a concern in Indonesia. Efforts that have been made to legally protect Indonesian traditional expressions and knowledge usually involve intellectual property (IP) laws. However, the protection provided by IP laws may be inadequate for Indonesian traditional communities that care more about the survival and maintenance of their culture and knowledge than the legal exclusivity of their works. This study uses a normative legal approach with the perspective of hermeneutic circle to look at various studies and legal documents to find reasons why IP laws may not be entirely suitable for the Indonesian context and how an IP-based law can be designed to suit the actual needs of Indonesian traditional expression holders. The results obtained affirm that Indonesian traditional cultural expressions cannot be contained by laws that exclusively limit the usage of those expressions and thus a ‘sui generis’ law is needed to give a more appropriate protection.

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Sangris, Fred. "Renewing our traditional laws through joint ekwǫ (caribou) management." Rangifer 32, no. 2 (March 8, 2012): 75. http://dx.doi.org/10.7557/2.32.2.2254.

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Mingo, AnneMarie. "Just Laws, Unjust Laws, and Theo-Moral Responsibility in Traditional and Contemporary Civil Rights Activism." Journal of Religious Ethics 46, no. 4 (November 30, 2018): 683–717. http://dx.doi.org/10.1111/jore.12241.

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Tong, Lee-Ann. "Protecting Traditional Knowledge – Does Secrecy Offer a Solution." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 4 (June 19, 2017): 158. http://dx.doi.org/10.17159/1727-3781/2010/v13i4a2705.

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The shortcomings of using the intellectual property system to safeguard the interests of traditional knowledge holders have received considerable attention. Laws that guard against the disclosure of secret traditional knowledge to non-community members may offer a low-cost and accessible way for traditional communities to prevent the misappropriation of their traditional knowledge. This paper reviews the concerns that may arise when holders of traditional knowledge attempt to rely on claiming unfair competition and contract laws to protect their traditional knowledge.

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Nzunda, Matembo. "Criminal Law in Internal Conflict of Laws in Malaŵi." Journal of African Law 29, no. 2 (1985): 129–46. http://dx.doi.org/10.1017/s0021855300006641.

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Malaŵi has two sets of courts which run completely parallel to each other. One set forms the Judicial Branch of the Government and consists of magistrates’ courts (which have original civil and criminal jurisdiction only), the High Court (which has unlimited original and appellate civil and criminal jurisdiction) and the Supreme Court of Appeal (which has original criminal jurisdiction for contempt of court but otherwise has appellate civil and criminal jurisdiction). The Supreme Court of Appeal is a final appellate court in this set of courts. These courts are here called Received Courts because they apply the received (English) common law as the basic law.The other set of courts is a section of the Ministry of Justice (which is part of the Executive Branch of the Government). The set consists of Traditional Courts of Grades A and B, the Traditional Appeal Courts (which hear and determine appeals from Traditional Courts of Grades A and B), District Traditional Courts, Regional Traditional Courts and the National Traditional Appeal Court (which hears and determines appeals from Traditional Appeal Courts, District Traditional Courts and Regional Traditional Courts). The civil and criminal jurisdiction of Traditional Courts is set out in the warrant establishing the Court and is supplemented from time to time by published ministerial orders under the authority of the Traditional Courts Act (the 1962 Act). The National Traditional Appeal Court is a final appellate court in this set of courts.

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Pontsioen, Robert. "When heritage laws and environmental laws collide: Artisans, guilds and government support for traditional crafts in Tokyo." Craft Research 10, no. 2 (September 1, 2019): 211–36. http://dx.doi.org/10.1386/crre_00003_1.

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Abstract This article examines the legislative basis and operational effectiveness of the national and prefectural systems for designating and promoting traditional crafts in Tokyo. Traditional artisans participate in these systems primarily through their involvement in kumiai ('artisan guilds'), whose historical background and organizational structure are briefly summarized. To evaluate the usefulness of government support for contemporary craft practitioners, four broad and interrelated categories of kumiai activities are examined: promoting craft business, maintaining and enhancing craft skills and product quality, securing the future of craft traditions, and procuring craft materials. These goals are reflected in the frameworks of national and prefectural legislation that aims to support the efforts of kumiai. However, these goals and the resulting legislation have created a sustained discourse of tension palpably felt by many crafters themselves: the clash between laws designed to protect or promote 'traditional' crafts and other laws that aim to safeguard ecology or animal welfare. Examination of this tension as it is understood and discussed by artisans themselves reveals that, although the positive impact of traditional craft designation systems is widely recognized, it is also perceived that incompatible environmental protection laws can negatively affect their business and threaten the long-term sustainability of craft traditions.

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ANTONS, CHRISTOPH. "Asian Borderlands and the Legal Protection of Traditional Knowledge and Traditional Cultural Expressions." Modern Asian Studies 47, no. 4 (February 1, 2013): 1403–33. http://dx.doi.org/10.1017/s0026749x12000443.

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AbstractTraditional knowledge related to biodiversity, agriculture, medicine and artistic expressions has recently attracted much interest amongst policy makers, legal academics and social scientists. Several United Nations organizations, such as the World Intellectual Property Organization (WIPO) and the Convention on Biological Diversity under the United Nations Environmental Programme (UNEP), have been working on international models for the protection of such knowledge held by local and indigenous communities. Relevant national, regional or provincial level legislation comes in the form of intellectual property laws and laws related to health, heritage or environmental protection. In practice, however, it has proven difficult to agree on definitions of the subject matter, to delineate local communities and territories holding the knowledge, and to clearly identify the subjects and beneficiaries of the protection. In fact, claims to ‘cultural property’ and heritage have led to conflicts and tensions between communities, regions and nations. This paper will use Southeast Asian examples and case studies to show the importance of concepts such as Zomia, ‘regions of refuge’ and mandala as well as ‘borderlands’ studies to avoid essentialized notions of communities and cultures in order to develop a nuanced understanding of the difficulties for national and international lawmaking in this field. It will also develop a few suggestions on how conflicts and tensions could be avoided or ameliorated.

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Ni, JL. "Laws of compound traditional Chinese medicine in treatment of dysmenorrhea." Journal of Chinese Integrative Medicine 6, no. 8 (August 15, 2008): 783–87. http://dx.doi.org/10.3736/jcim20080803.

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Komolov, Dilshod. "TRANSFORMATION OF TRADITIONAL JUGGESIN TURKESTAN ASSR." JOURNAL OF LOOK TO THE PAST 6, no. 3 (June 30, 2020): 24–30. http://dx.doi.org/10.26739/2181-9599-2020-6-4.

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In this article it is analyzed the policy of the soviet authorities directed to step by step abolishment of judges of kaziys and biys in the territory of Turkestan ASSR. Besides it is reviewed the process of the judge election of kaziys and biys and tial affairs, consideration order of appeals and cassations and the laws concerning this matter

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Nefedov, S. "Economic laws of history." Voprosy Ekonomiki, no. 11 (November 20, 2012): 118–34. http://dx.doi.org/10.32609/0042-8736-2012-11-118-134.

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In the second half of the XX century the neo-Malthusian theory became the basis for the practical politics of many developing countries. Thus, governments have recognized that Malthusian laws are a reality of the traditional society, that they are the laws of history. The neo-Malthusian school exists in modern historiography, which studies the effect of Malthusian laws in the past. Historians-Malthusians argue that the historical process consists of demographic cycles — repeated periods of growth, stagnation and crisis. The article reviews the works of historians of the neo-Malthusian school.

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PHILLIPS, J. D. "THE MOUFANG LAWS, GLOBAL AND LOCAL." Journal of Algebra and Its Applications 08, no. 04 (August 2009): 477–92. http://dx.doi.org/10.1142/s021949880900345x.

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There are many possible ways to define Moufang element. We show that the traditional definition is not the most felicitious — for instance, the set of all Moufang elements in an arbitrary loop, qua the traditional definition, need not form a subloop. We offer a new definition of Moufang element that ensures that the set of all Moufang elements in an arbitrary loop is a subloop. Moreover, this definition is "maximally algebraic" with respect to autotopisms. We also give an application of this new definition by showing that a flexible A-element in an inverse property loop is, in fact, a Moufang element, thus sharpening a well-known result of Kinyon, Kunen, and the present author [6]. Finally, we prove that divisible, Moufang groupoids are Moufang loops, thus sharpening a result of Kunen [9], one of the first computer-generated proofs in loop theory.

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Ishii, Y. "Review and Perspective on the Studies of Traditional Laws in Thailand." Southeast Asia: History and Culture, no. 20 (1991): 102–17. http://dx.doi.org/10.5512/sea.1991.102.

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Banks, Cyndi. "Protecting the Rights of the Child: Regulating Restorative Justice and Indigenous Practices in Southern Sudan and East Timor." International Journal of Children's Rights 19, no. 2 (2011): 167–93. http://dx.doi.org/10.1163/157181810x513225.

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AbstractThe Convention on the Rights of the Child has globalized child rights and child protection by setting international norms, which include a mandate to apply restorative justice practices in juvenile justice laws and procedures. In some states, restorative justice has long been a practice in communities and legislating to give effect to the CRC has involved codifying, modifying and regulating existing community restorative practices with the intention of incorporating adaptations of those practices under new laws. In Southern Sudan and East Timor, both of which have suffered extreme violence and conflict, lifestyles are predominately traditional and values and beliefs concerning family and children, remain rooted in custom. Both have drafted laws that attempt to incorporate traditional restorative practices and give effect to the norms of the Convention. Examining the provisions of each proposed law reveals how culture will be enacted and regulated for the benefit of children and the extent to which the international rights discourse embodied in these proposed laws is congruent with customary and traditional values and beliefs about children. A comparative examination of the two draft laws, contextualized according to local cultures, provides insights into policy choices about the incorporation of culture and the relationship between international norms of child protection and traditional restorative practices.

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Si, Yu-Jie, and Shen-Min Song. "Continuous reaching law based three-dimensional finite-time guidance law against maneuvering targets." Transactions of the Institute of Measurement and Control 41, no. 2 (April 19, 2018): 321–39. http://dx.doi.org/10.1177/0142331218757862.

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Three-dimensional finite-time guidance laws are proposed in this paper. Differing from the traditional approach that considers homing guidance problems as two identical and perpendicular channels, guidance laws proposed in this paper employ the coupled three-dimensional engagement dynamics to improve the guidance precision. A new reaching law is adopted to guarantee guidance laws continuous, which eliminates the chattering phenomenon caused by discontinuous terms. Moreover, the guidance law accelerates the convergence rate of closed-loop systems and avoids the singularity. Afterwards, the paper discusses the problem that the upper bound of the lumped uncertainty including the target information is unavailable. Therefore, to deal with this problem, another adaptive guidance law is presented, which can also guarantee the finite-time convergence of guidance systems. Numerical simulations have demonstrated that the two guidance laws have effective performance and outperform traditional terminal sliding mode guidance laws.

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Yang, Xi, Ke Song, and Fuan Pu. "Laws and Trends of the Evolution of Traditional Villages in Plane Pattern." Sustainability 12, no. 7 (April 9, 2020): 3005. http://dx.doi.org/10.3390/su12073005.

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This study collected and analyzed dynamic spatial data of eight traditional villages scattered in different regions of China. A multi-temporal analysis of morphological metrics of spatial patterns and a regression analysis of the morphological evolution were used to analyze and contrast the historical spatial processes of different villages. These were then compared using patch texture and rural macro-morphology perspectives. This led to an assessment of the general laws and trends associated with rural spatial processes. (1) There has been a significant shift in the stability of rural spatial development since the founding of the People’s Republic of China (PRC). (2) Most small and medium-sized villages have maintained a relatively stable spatial texture, while large villages have changed significantly. (3) The mean and variance of the patch area, and the Euclidean nearest-neighbor distance, are correlated in some cases. (4) The mode of rural expansion may be relevant to limitations in the total area of growth. (5) The fractal dimension of the rural macro-morphology may follow a morphological order of oscillation around the equilibrium level. (6) The common mean value of the projected area of rural building patches is expected to be 100 m2.

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NamJong Ho and Yongdeog Kim. "Traditional Chinese Penal Laws and Their Implications in terms of Chinese Characters." China Studies 61, no. ll (July 2014): 193–210. http://dx.doi.org/10.18077/chss.2014.61..012.

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Dosanjh, Ranpal. "Laws of Nature and Individuals." Philosophy 96, no. 1 (September 9, 2020): 49–72. http://dx.doi.org/10.1017/s0031819120000297.

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AbstractIndividuals (like the Earth or a biological species) are often the subject of generalizations of various special sciences. The traditional argument is that there can't be laws about such individuals, since the law statements would have to contain local predicates (refer essentially to a particular time, place, object, or event). Marc Lange argues that, despite local predication, there can be laws about individuals. This paper argues, on the contrary, that there can be no such laws – not because of local predication, but because the laws would discriminate among material systems on non-qualitative grounds. I rely on the principle that qualitatively identical systems under one set of laws must evolve in the same manner. If there could be laws about individuals, nothing would guarantee that the principle is satisfied. My argument is illustrated by a thought experiment inspired by Strawson's massive reduplication argument.

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Savić, Vanja-Ivan. "Can Constitutions or Laws Change Marriage?" Godišnjak Akademije pravnih znanosti Hrvatske 10, no. 1 (July 18, 2019): 379–87. http://dx.doi.org/10.32984/gapzh.10.1.15.

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In this article the author examines recent case of the US Supreme Court Obergefell v. Hodges in which group of academics acted as amicus curiae in explaining natural law grounds for having traditional approach to marriage as a union between one woman and one man. Author shows connection between teachings of natural law legal theorist John Finnis and his work named 'Goods of marriage' and requests for keeping 'the marriage' reserved only for heterosexual couples. Heterosexual marriage, according to Finnis, protects the family, the Judeo-Christian concept of monogamy, and other social values that we have reached through social evolution.

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Wen, Nuan, Zheng Hua Liu, and Le Chang. "Design of 3-Dimensional Guidance Law of Missile Based on Discrete Sliding Mode." Advanced Materials Research 816-817 (September 2013): 976–80. http://dx.doi.org/10.4028/www.scientific.net/amr.816-817.976.

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In this article, a new approach to design discrete-time sliding-mode guidance laws is presented based on the target-missile relative motion equation in three-dimensional space. This method significantly reduced system chattering and could be easily achieved on engineering. Furthermore, effectiveness of the proposed guidance laws is demonstrated through simulation by comparing with the traditional proportional guidance laws.

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Tao, Li, and Zhi Qing Zhao. "Study on Ecological Strategy of Traditional Residences." Applied Mechanics and Materials 448-453 (October 2013): 1321–24. http://dx.doi.org/10.4028/www.scientific.net/amm.448-453.1321.

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In the era of increasingly accelerating globalization context, traditional culture was faced with enormous challenges and new development opportunities, how to inherit and carry forward the fine traditions of the national architectural culture, is one problem that many architects thinking about. This paper attempted to apply the ecological experience of traditional residences as the breakthrough, according to the ecological construction experience of Chinese traditional residences, detailed analyze the siting and groups construction, space and form construction, materials and details construction etc. and other aspects of ecological construction features and design laws, hoped to raise the level of architectural design to improve the ecological problem about high energy consumption.

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Brewer-Osorio, Susan. "Turning Over a New Leaf: A Subnational Analysis of ‘Coca Yes, Cocaine No’ in Bolivia." Journal of Latin American Studies 53, no. 3 (June 16, 2021): 573–600. http://dx.doi.org/10.1017/s0022216x21000456.

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AbstractInternational pressure to suppress cocaine trafficking sustained decades of harsh drug laws in Bolivia against cocaleros (coca producers), thus affecting coca production for traditional consumption and for manufacturing illicit cocaine. These harsh drug laws caused social unrest in cocalero communities outside traditional coca zones. President Evo Morales, leader of the Movimiento al Socialismo (Movement toward Socialism, MAS) party, implemented ‘Coca Yes, Cocaine No’ (CYCN), a harm-reduction strategy that authorised ‘non-traditional’ farmers to cultivate legal coca and self-police production. This article compares CYCN outcomes in Bolivia's traditional and non-traditional coca regions and finds that strong cocalero organisations were vital to CYCN success in non-traditional areas. In contrast, organised resistance in traditional zones restricted CYCN success and added to regime instability in the lead-up to Morales’ forced resignation in 2019. Hence, while Morales harnessed state power to change drug policy, he was constrained by the rural grassroots organisations that brought him to power.

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Weitze, Marc-denis, and Alfred Pühler. "Synthetic Biology – Towards an Engineering Science." European Review 22, S1 (May 2014): S102—S112. http://dx.doi.org/10.1017/s1062798713000793.

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The new research field of synthetic biology is emerging from molecular biology, chemistry, biotechnology, information technology and engineering. This paper describes synthetic biology as a ‘Science of the Artificial’ and identifies structural features of engineering sciences that can be applied to this new kind of biology as opposed to traditional biology. The search for laws already in traditional biology has been difficult. In Synthetic Biology, action and application stand in the foreground and laws increasingly lose ground as a meaningful concept.

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Fu, Heng Yang, and Ji Shan Xu. "Groundwater Protection in Water Laws." Applied Mechanics and Materials 295-298 (February 2013): 2242–47. http://dx.doi.org/10.4028/www.scientific.net/amm.295-298.2242.

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The traditional water laws in many countries in Europe and North America viewed groundwater as the property of the owners of the land above it. Land owners could use the groundwater under his land freely without considering the impact to his neighbours. Today, the rapid development of urbanization and industrialization have resulted excessive extraction of groundwater and pollution of groundwater quality in many countries and regions. The grim situation has prompted the change of the world's water law and made many regulations of groundwater protection come into being. Most of countries in the world have tried to control the extraction of groundwater by issuing licenses, and to protect groundwater from pollution by introducing water quality standards and environmental requirements. The article summarizes the rules relating to the protection of groundwater in the past and present water laws, and analyses the development trend of the groundwater protection in contemporary water laws and the process of international groundwater legislation. The laws specially used for groundwater protection are less. The legislative progress which realizes the sustainable utilization of groundwater is still very slow.

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Gogol, I. V., O. A. Remizova, V. V. Syrokvashin, and A. L. Fokin. "Synthesis of robust controllers for an object with delay using traditional control laws." Izvestiâ vysših učebnyh zavedenij. Priborostroenie 62, no. 3 (March 31, 2019): 199–207. http://dx.doi.org/10.17586/0021-3454-2019-62-3-199-207.

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Liu, Jun, HonFoong Wong, ShihChau Ng, WenTien Tan, Huiying Wang, Xun Lin, SiWoei Goh, BaoLing Hoo, and ChyongEn Chai. "Traditional chinese medicine in Malaysia: A brief historical overview of laws and regulations." Chinese Medicine and Culture 2, no. 4 (2019): 162. http://dx.doi.org/10.4103/cmac.cmac_40_19.

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Döge, Jenny. "Cyber Warfare Challenges for the Applicability of the Traditional Laws of War Regime." Archiv des Völkerrechts 48, no. 4 (2010): 486. http://dx.doi.org/10.1628/000389210794439416.

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Preece, Noel. "Traditional and ecological fires and effects of bushfire laws in north Australian savannas." International Journal of Wildland Fire 16, no. 4 (2007): 378. http://dx.doi.org/10.1071/wf05079.

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Landscape fires are common and frequent across the north Australian savannas, and are arguably an essential component of regional ecosystem dynamics. Seasonal biases in fire regimes and the high frequency of late dry season fires in a large proportion of the region have been presented as an impediment to appropriate land management. Legislation regulating the lighting of fires applies to the whole of the savannas. The legislation seeks to control the lighting of fires, provides for permit systems to operate in each jurisdiction, and is supported by policies and guidance manuals. The present paper argues that the legislation fails to address prescribed burning, the biophysical and social realities of contemporary regimes, and management needs. The policies and legislation are in need of some fundamental changes, including recognition of the concept of prescribed burning, mechanisms to promote regional fire management strategies and plans, and recognition of indigenous traditional practices.

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Farran, Sue. "Navigating between Traditional Land Tenure and Introduced Land Laws in Pacific Island States." Journal of Legal Pluralism and Unofficial Law 43, no. 64 (January 2011): 65–90. http://dx.doi.org/10.1080/07329113.2011.10756670.

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Harrington, David E. "Markets: Preserving Funeral Markets with Ready-to-Embalm Laws." Journal of Economic Perspectives 21, no. 4 (November 1, 2007): 201–16. http://dx.doi.org/10.1257/jep.21.4.201.

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Thirty-nine states currently have ready-to-embalm laws, which typically require that all firms selling any type of funeral service (even those specializing in cremations) have embalming preparation rooms and all funeral directors be trained as embalmers. Ready-to-embalm laws are designed to preserve the status-quo in funeral markets, thereby protecting currently licensed funeral directors from the ravages of competition. These laws attempt to preserve funeral markets as they existed in the mid-twentieth century, markets that centered on traditional funerals sold by small, full-service funeral homes. The economic chemicals needed to preserve the status quo are harsh, leading to higher funeral prices and often poorer-quality services. The empirical evidence suggests that these laws reduce the cremation rate, the market share of Internet casket retailers, the penetration of national chains, and the number of funeral directors who are immigrants. They also appear to substantially increase the retail price of direct cremations and the cost of traditional funerals. Commissions in several states have recently recommended repealing ready-to-embalm laws, arguing that they are anticompetitive. The evidence presented in this paper should make their recommendations harder to ignore.

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Izdebski, Hubert. "Contemporary Expressions of Personal Law: Co-Existence or Conflict with the Territorial Law?" Acta Universitatis Lodziensis. Folia Iuridica 94 (March 30, 2021): 141–52. http://dx.doi.org/10.18778/0208-6069.94.08.

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The paper concerns the present role played in law-in-the-books and law in action as well by a very traditional law type, namely that of personal law. In spite of the dominating role that the other type, i.e. territorial law, has played in Western law for more than a thousand years, there are numerous contemporary expressions of the existence and application of personal laws. In particular, this is the case of the vivacity of traditional personal laws characteristic of non-Western legal traditions (above all shari’a), including attempts at their application in the Western environment. There are also various other examples of the recognition, at least in the practice, of personal laws in the Western law jurisdictions, which is indicated with the example of Polish law.

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OWUSU-FRIMPONG, Mark, Gifty ABACHE, Prince Emmanuel OPPONG, Randy Kwadwo AGYEIBI, and Akwasi AMPOFO-YEBOAH. "Traditional Fisheries Management of Lake Bosomtwe, a Sacred Lake in Ghana: Past, Present and Future." Ghana Journal of Science, Technology and Development 6, no. 1 (May 7, 2019): 38–43. http://dx.doi.org/10.47881/128.967x.

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Lake Bosomtwe is an ancient meteoritic impact crater lake, situated near Kumasi in the Ashanti Region of Ghana. The lake is highly prized as a major source of freshwater fish supply, livelihoods, and a resort attraction. The lake is held sacred because of the legend surrounding its discovery. Its predominantly cichlid fishery has been managed for many centuries only by laws that were shrouded in taboos or traditional religious prohibitions. Human activities with the tendency to upset the spirits believed to be dwelling in the lake, such as excessive agitation of the water, noise-making, fishing on a sacred day and the use of conventional nets were prohibited and outlawed. The chiefs, at the instance of the priests of the local shrines, demanded ritual (animal and drink) sacrifices from offenders in cases of non-observance of the taboos to pacify and avert the wrath of the spirits. Although, the laws were essentially traditional religious commandments they were not without connotations for conventional fisheries management. Currently, however, virtually all the traditional fisheries rules and regulations appear to have broken down, as modernity seems to have eroded their relevance, with the result that there is a serious overfishing and depletion of the fish stocks. Nevertheless, recovery of the dwindled fisheries is possible by blending conventional management practices and the traditional laws that are still deemed relevant.

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Norah Hashim Msuya. "Advocating Positive Traditional Culture to Eradicate Harmful Aspects of Traditional Culture for Gender Equality in Africa." Obiter 41, no. 1 (April 1, 2020): 45–62. http://dx.doi.org/10.17159/obiter.v41i1.10547.

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The struggle for equality for all and the abolition of discriminatory, harmful cultural practices affecting women has been occurring in the world for some time now. Most African countries outlaw harmful, discriminatory traditional practices, although they persist, causing the violation of domestic and international human rights laws. Outside efforts to eliminate these practices are often met with suspicion or hostility from communities, because Africans generally believe that these are their valuable, traditional practices. The aim of this article is to discuss alleviating harmful traditional practices suppressing gender equality in Africa by practically supplementing the law. The study examines African culture versus gender equality historically to pinpoint colonialism’s influence in current gender equality. Colonial administration influenced lives politically, economically and socially, including culture and traditions. Efforts to eradicate harmful traditional practices are most effective when originating from within the culture, as focussing on international human rights is often perceived as culturally imperialistic in African countries.

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Duhamel, Francois, and Rodrigo Sandoval-Almazán. "Designing E-Government Legal Institutions." International Journal of Public Administration in the Digital Age 8, no. 1 (January 2021): 1–15. http://dx.doi.org/10.4018/ijpada.20210101.oa1.

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The aim of this article is to understand the way digital government laws are designed through the analysis and comparison of general objectives, governance mechanisms and roles assigned to stakeholders of six local state digital government laws in Mexico. Our findings reveal a strong degree of similarity between general objectives and implementation mechanisms in those six laws, showing a mix of traditional bureaucratic features and new public management features. We also find significant differences between those laws in the mobilization of behavior-constraining rules to fulfill e-government processes and solution-guiding mechanisms to foster innovation.

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Martinet, Lily. "Traditional Cultural Expressions and International Intellectual Property Law." International Journal of Legal Information 47, no. 1 (2019): 6–12. http://dx.doi.org/10.1017/jli.2019.8.

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This presentation draws on my doctoral research, which was conducted on traditional cultural expressions in international law. This subject still fills me with passion even after having spent many years studying it. To sum up my Ph.D. thesis in a sentence, I studied how international law embraces traditional dances, songs, handicrafts, designs, and rituals. Very diverse fields of laws were relevant for this research, but in the framework of this presentation, the focus was kept on intellectual property. The goal of this presentation was to provide answers to two essential questions. The first question relates to the definition of traditional cultural expressions (I), the second one concerned the reasons underpinning the introduction of this concept in international law (II).

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Langer, Ruth. "Jewish Understandings of the Religious Other." Theological Studies 64, no. 2 (May 2003): 255–77. http://dx.doi.org/10.1177/004056390306400202.

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[That Judaism is specifically the religion of one people, Israel, shapes its entire discourse about the religious other. Halakhah (Jewish law) defines permitted interactions between Jews and non-Jews, thus setting the parameters for the traditional Jewish theology of the “other.” Applying biblical concerns, Jews are absolutely prohibited from any activity that might generate idolatrous behavior by any human. Rabbinic halakhah expands this discussion to permitted positive interactions with those who obey God's laws for all human civilization, the seven Noahide laws which include a prohibition of idolatry. For non-Jews, fulfillment of these laws is the prerequisite for salvation. The author offers a preliminary analysis of these traditional categories of discourse about identity and their theological implications. She also suggests ways that this may be modified in light of new directions in Jewish-Christian relations.]

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Jia, Hongmei, Siyuan Kuai, and Jiali Dong. "Application of CAD-based Traditional Patterns in Interior Design." E3S Web of Conferences 236 (2021): 05069. http://dx.doi.org/10.1051/e3sconf/202123605069.

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Starting with the approach of representing traditional patterns with CAD in interior design, this paper analyzes the scenarios of application of traditional patterns realized through graphics, images and models and sets out that it is essential to analyze basic laws and characteristics of patterns as well as their fixed and variable elements and apply them appropriately to the interior space in order to achieve the purpose. The analysis on variable elements of traditional patterns is carried out from three aspects, namely the appropriate embellishment of colored painting, direct application of traditional partition boards and innovation based on traditional patterns.

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Galletly, Carol L., and Steven D. Pinkerton. "Toward Rational Criminal HIV Exposure Laws." Journal of Law, Medicine & Ethics 32, no. 2 (2004): 327–37. http://dx.doi.org/10.1111/j.1748-720x.2004.tb00479.x.

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Criminal law and the proceedings surrounding it work, at least in theory, much like an author works when writing a play or a novel. Both the lawyer and the writer follow traditional formulae that allow them to create and express a vision of reality. When done well, the reality created is virtually seamless. This, however, is the point at which law and literary works diverge. Although we embrace creativity in literary endeavors, we would prefer that the foundation of our legal system be something more substantial. Unfortunately, where US. criminal HIV exposure statutes are concerned, there appears to be little if any concrete connection between proscribed behaviors and what we know about HIV transmission risk. Twenty-four states in the U.S. make it a criminal offense for a person who has HIV to expose another to the virus through consensual sexual activities. The relationship between the activities prohibited by these laws and actual risk of virus transmission is tenuous at best.

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Temngah, Joseph N. "Customary Law, Women's Rights and Traditional Courts in Cameroon." Revue générale de droit 27, no. 3 (March 23, 2016): 349–56. http://dx.doi.org/10.7202/1035782ar.

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This article highlights the controversy over Women's Rights in Cameroon given that women are regarded as a man's property under customary law. The article points out the position of women's rights under statutory law. It compares both rules without settling for either of them. Both rules are sources of Cameroonian law and are administered concurrently by the courts. Again, this article shows the awareness women have demonstrated by challenging the customary law position which considers a woman as an object. Finally, the article settles for the codification of laws notwithstanding the difficulties involved in this exercise, especially in a bi-jural state like Cameroon.

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Pan Dunmei. "Criminal Liability of Legal Entities in China: Traditional Approaches and Modern Choices." Russian Journal of Criminology 14, no. 4 (August 31, 2020): 613–22. http://dx.doi.org/10.17150/2500-4255.2020.14(4).613-622.

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Crime committed by a legal entity is an unavoidable social phenomenon in the process of modern socio-economic development in different countries of the world. The crime of a legal entity in modern Chinese criminal law is called a corporate crime. Since the establishment of the people's Republic of China until 1979, only the criminal liability of individuals has been recognized in the field of Chinese criminal law and criminal law theory. Corporate criminal responsibility in the People's Republic of China was established in a completely new historical context: with the development of the commodity economy and market economy in the new China, corporate crimes appeared in public life and gradually spread in the middle and second half of the 1980s, so that regulation through laws became a requirement for the Chinese society to function normally. In this social context, the Standing Committee of the All-China People's Congress has passed a number of laws that provide for corporate crimes. Before the Criminal Code of the People's Republic of China came into force of in 1997, corporate crimes already accounted for about one third of all offences stipulated in specific criminal and non-criminal laws, which lead to the final establishment of corporate criminal responsibility in the new Criminal Code of China. The author analyzes the problem of criminal liability for corporate crimes in the criminal law of the People's Republic of China from the standpoint of traditional theory, as well as predicts the appropriate trends in the future development of theoretical approaches to bringing legal entities to criminal responsibility in a risk society. According to the author, in a risk society, effective prevention of risks in the activities of legal entities is inseparable from the efforts of legal entities themselves, and criminal law, as one of the tools for risk distribution, is aimed primarily not at punishment, but at increasing the motivation of legal entities to achieve this.

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Zhou, Shenghan, Houxiang Liu, Bang Chen, Wenkui Hou, Xinpeng Ji, Yue Zhang, Wenbing Chang, and Yiyong Xiao. "Status Set Sequential Pattern Mining Considering Time Windows and Periodic Analysis of Patterns." Entropy 23, no. 6 (June 11, 2021): 738. http://dx.doi.org/10.3390/e23060738.

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The traditional sequential pattern mining method is carried out considering the whole time period and often ignores the sequential patterns that only occur in local time windows, as well as possible periodicity. Therefore, in order to overcome the limitations of traditional methods, this paper proposes status set sequential pattern mining with time windows (SSPMTW). In contrast to traditional methods, the item status is considered, and time windows, minimum confidence, minimum coverage, minimum factor set ratios and other constraints are added to mine more valuable rules in local time windows. The periodicity of these rules is also analyzed. According to the proposed method, this paper improves the Apriori algorithm, proposes the TW-Apriori algorithm, and explains the basic idea of the algorithm. Then, the feasibility, validity and efficiency of the proposed method and algorithm are verified by small-scale and large-scale examples. In a large-scale numerical example solution, the influence of various constraints on the mining results is analyzed. Finally, the solution results of SSPM and SSPMTW are compared and analyzed, and it is suggested that SSPMTW can excavate the laws existing in local time windows and analyze the periodicity of the laws, which solves the problem of SSPM ignoring the laws existing in local time windows and overcomes the limitations of traditional sequential pattern mining algorithms. In addition, the rules mined by SSPMTW reduce the entropy of the system.

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Olayinka Omoniyi, Timilehin. "Appraisal of harmful traditional practices in Nigeria: magnitude, justifications and interventions." Journal of Social, Humanity, and Education 1, no. 1 (November 13, 2020): 67–78. http://dx.doi.org/10.35912/jshe.v1i1.335.

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Purpose: The study did an appraisal of harmful traditional practices (HTPs) in Nigeria despite global, regional, national laws, policies and programmes, women and girl-children are still being subjected to dehumanising treatments. Research methodology: Systematic search in literature, personal experiences, archival materials, and oral interviews were used in data collection, while thematic analysis was used to interpret oral confessions carried out on thirty-six (36) elderly persons who were purposively selected. Results: There is high prevalence of HTPs across the Nigeria which the cultural and secular laws are silent about. It was discovered that many children (underage 10-15years of age) in Hausa/Fulani lands are prone to marriage by adoption, force or early marriage of girls between, while in the Eastern part, the is high magnitude of child hustling, outrageous dowry payment, separatist theory as practiced in Osu caste system, servitude (Maid) etc, and in the West are practices of scarification, wife battery, polygamy. They rely on socio-cultural, psycho-sexual, spiritual and aesthetic justifications. The study recommends action-related studies followed by proper education interventions. Limitations: The study covered HTPs across Nigeria with 36 participants. Further studies should concentrate on tribe or region basis with larger participants. Contribution: This study did an appraisal of harmful traditional practices in Nigeria; magnitude, justifications and interventions Keywords: Harmful Traditional Practices, Traditions, Magnitude, Justification

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Ullah, Shakir, He Guoqiang, Usman Khan, and Komal Niazi. "State, religion and the marginalisation of traditional healing in Gwadar, Pakistan." Medical Humanities 46, no. 4 (January 28, 2020): 444–53. http://dx.doi.org/10.1136/medhum-2019-011747.

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This ethnographic encounter explores suppression and domination faced by traditional health seekers in Gwadar, Pakistan. The study aimed to provide an insight into the ways in which practicing traditional healthcare becomes a challenge when it conflicts with the assimilationist project of the state. Qualitative research methods, including in-depth interviews and participant observation, were used to collect data on the encounters of traditional health seekers with the state and dominant religion. The findings show that traditional health seeking behaviour was stereotyped as non-civilised and archaic by medical staff, and labelled as non-religious, and thus, suppressed by radical Islamist groups and other state apparatuses. This situation has further negative effects on the health of traditional health seekers as the national healthcare system does not efficiently provide the services required by this population. State laws, a general environment of fear, and threats have led this population to legal consciousness and contextual awareness; they have further adopted multiple resistance strategies to navigate and circumvent oppressive laws and domination in order to follow their traditional healthcare practices. This study suggests that national cosmopolitan healthcare services provided to the fishing community should be tailored to and not suppress the culturally specific health needs of that population. Members of the fishing community should not be compelled to abstain from their traditional healthcare and health-seeking behaviours; traditional healthcare practices should be merged with cosmopolitan ones in order to address the sociocultural issues and meet the health needs of this marginalised population.

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Borge, Bruno, and Roberto Azar. "Consecuencias de las interpretaciones actuales de la metafísica humeana en el debate sobre las leyes de na naturaleza." Principia: an international journal of epistemology 19, no. 2 (August 30, 2015): 247. http://dx.doi.org/10.5007/1808-1711.2015v19n2p247.

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http://dx.doi.org/10.5007/1808-1711.2015v19n2p247A highly influential position in the debate between nomological realists and antirealists (i.e., the debate about the metaphysical status of natural laws) is the regularist theory of laws. Its main feature is the defense of a humean metaphysics which denies the existence of real causal powers and necessary connections in nature. Regularism, however, rely on a traditional reading of Hume’s philosophy. In this paper we aim to revisit the discussion around laws of nature in light of nontraditional interpretations of his work, often labeled as the ‘New Hume’.

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Evans, Barbara J. "The Perils of Parity: Should Citizen Science and Traditional Research Follow the Same Ethical and Privacy Principles?" Journal of Law, Medicine & Ethics 48, S1 (2020): 74–81. http://dx.doi.org/10.1177/1073110520917031.

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The individual right of access to one’s own data is a crucial privacy protection long recognized in U.S. federal privacy laws. Mobile health devices and research software used in citizen science often fall outside the HIPAA Privacy Rule, leaving participants without HIPAA’s right of access to one’s own data. Absent state laws requiring access, the law of contract, as reflected in end-user agreements and terms of service, governs individuals’ ability to find out how much data is being stored and how it might be shared with third parties. Efforts to address this problem by establishing norms of individual access to data from mobile health research unfortunately can run afoul of the FDA’s investigational device exemption requirements.

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O. E., BABALOLA. "YORUBA TRADITIONAL INSTITUTION AND MAINTENANCE OF LAWS AND ORDERS IN THE PRE-COLONIAL PERIOD." PEOPLE: International Journal of Social Sciences 3, no. 2 (July 13, 2017): 01–09. http://dx.doi.org/10.20319/pijss.2017.32.0109.

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Durham, Helen. "The Laws of War and Traditional Cultures: A Case Study of the Pacific Region∗." Commonwealth Law Bulletin 34, no. 4 (December 2008): 833–41. http://dx.doi.org/10.1080/03050710802521614.

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Gharios, Georges. "Legal pluralism and unofficial law in Lebanon: evolution and sustainable development of water." Water Policy 22, no. 3 (May 8, 2020): 348–64. http://dx.doi.org/10.2166/wp.2020.224.

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Abstract In Lebanon, the organization of the water legislation dates back to as far as antiquity. While customs and habits used to govern water in the past, codified laws and their associated legal infrastructure are present nowadays, and cohabitate with persisting unofficial law. Mesopotamian, Roman, Ottoman, and French water laws were superimposed on Muslim customs and practices and traditional Arab social water arrangements in Lebanon, throughout a long history of conquests or mandates. Traditional customs and practices of water use that evolved into lore are still prevailing today, and go hand in hand with a palimpsest of water laws. Through a review of the co-evolution of thousands of years of written and unwritten water-related texts, the unique features of a hydro-palimpsest that combines formal and informal systems are put into value in an effort to explore their future potential in the sound and efficient management of water, in light of rapid global changes affecting the resource.

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Kerno, Steven J. "Coached by Newton." Mechanical Engineering 131, no. 04 (April 1, 2009): 34–38. http://dx.doi.org/10.1115/1.2009-apr-4.

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This article highlights the best results yielded by applying the laws of motion on a record-setting pitcher. Newton’s three laws of motion, as first articulated in Philosophiae Naturalis Principia Mathematica (1687), form the basis for classical Newtonian mechanics and provide the relationships between forces acting on a body and the consequent motion of the body. These laws govern the relationships of objects present in our physical universe, including the human body. According to Marshall, pitchers of all ages would be very well served by learning and applying the three laws of motion correctly, as the forces generated by the body can be very destructive if bad habits are learned and repeated. Kinesiologists study Newton’s laws with respect to human movement. According to Marshall, the laws of motion can be converted to laws of force application that explain how athletes should apply force to projectiles, including themselves. According to Marshall, the traditional pitching techniques are almost always taught with a minimal understanding of the underlying biomechanics, and frequently just copy the most popular pitchers of the era.

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Journal articles on the topic 'Traditional laws'

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