Teses / dissertações: "Law"

1

Perrin, Benjamin. "An emerging international criminal law tradition : gaps in applicable law and transnational common laws". Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101824.

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This thesis critically examines the origins and development of international criminal lave to identify the defining features of this emerging legal tradition. It critically evaluates the experimental approach taken in Article 21 of the Rome Statute of the International Criminal Court, which attempts to codify an untested normative super-structure to guide this legal tradition.
International criminal law is a hybrid tradition which seeks legitimacy and answers to difficult questions by drawing on other established legal traditions. Its development at the confluence of public international law, international humanitarian law, international human rights law and national criminal laws has resulted in gaps in difficult cases with no clear answers. These lacunae have been filled by recourse to judicial discretion, exercised consistent with Patrick Glenn's theory of transnational common laws, and by privileging one of the competing aims of international criminal law: enhancing humanitarian protection versus maximizing fairness to the accused.

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2

Bhuiyan, Sharif Mohammad Nur Ullah. "National law in WTO law". Thesis, University of Cambridge, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.614865.

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3

Khan, Adnan. "Blasphemy laws and freedom of speech : a comparative study of Islamic law and modern law". Thesis, University of Lincoln, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.629938.

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4

Chapeskie, Andrew. "Laws of the land: Aboriginal customary law, state law and sustainable resource management in Canada's north". Thesis, University of Ottawa (Canada), 1993. http://hdl.handle.net/10393/6514.

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This thesis presents a comparative analysis of Aboriginal customary law and Canadian law in relation to the management and conservation of natural resources on crown lands. By reference to field research carried out with respect to a specific context of Aboriginal resource management, the thesis highlights the sophistication and distinctiveness of the customary Aboriginal regulation of community-based common property resource harvesting and management in both subsistence and commercial use contexts. This perspective reveals the conflictual tendencies between Aboriginal and State systems of the regulation of resource management where the former has been largely unrecognized by the latter. An analysis of the relevant jurisprudence highlights the ethocentric bias mitigating against the recognition and acceptance of Aboriginal resource management that has continued right up to the present time.

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5

Senden, Linda. "Soft law in European Community law /". Oxford [u.a.] : Hart, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/384077412.pdf.

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6

Laurindo, Marja Mangili. "Entre common law e civil law". reponame:Repositório Institucional da UFSC, 2017. https://repositorio.ufsc.br/xmlui/handle/123456789/179920.

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Dissertação (mestrado) - Universidade Federal de Santa Catarina, Centro de Ciências Jurídicas, Programa de Pós-Graduação em Direito, Florianópolis, 2017.
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Esta dissertação objetiva compreender as condições socioeconômicas em que se dão e as implicações das transformações do direito brasileiro no que se refere à adoção de procedimentos comuns à tradição estrangeira da common law. Disso, se obteve que, em um cenário econômico neoliberal de direito flexível, a análise do discurso politizador e moralizante do judiciário coloca à luz uma série de problemas decorrentes de um novo paradigma interpretativo do Direito. Se para o positivismo jurídico a norma é o limite, para o neoconstitucionalismo o limite está no senso moral do julgador. Nesse estado de crescente indeterminação, adotam-se no Brasil instrumentos estrangeiros como os ?precedentes?; além disso, instituições internacionais como o Banco Mundial lançam diretrizes por meio de relatórios como o Doing Business que indicam que, em termos de eficiência, o sistema de common law é superior ao de civil law. Isso, claro, ao mesmo tempo em que vigora, em países como os Estados Unidos, uma teoria herdeira do Realismo Jurídico, a Law and Economics, que defende a união entre direito e economia em um nível nunca visto antes. A liberdade interpretativa permitida por esse conjunto de fatores rompe a ideia da necessidade de um direito rígido, o que será analisado, em termos de implicações, em seu contexto socioeconômico, qual seja o do neoliberalismo.

Abstract : This dissertation aims to understand the socioeconomic conditions in which occur and the implications of the transformations of Brazilian law regarding the adoption of procedures common to the foreign common law tradition. From this, it was obtained that in a neoliberal economic scenario of flexible law, the analysis of the politicizing and moralizing discourse of the judiciary brings to light a series of problems arising from a new interpretative paradigm of Law. If, for legal positivism, the norm is the limit, for neoconstitutionalism the limit lies in the moral sense of the judge. In this state of growing indeterminacy, foreign instruments are adopted in Brazil as the "precedents"; in addition, international institutions such as the World Bank have issued guidelines through reports such as Doing Business which indicate that the common law system is superior to civil law in terms of efficiency. This, of course, at the same time that, in countries such as the United States, an inheritance theory of Legal Realism, Law and Economics, is defending the union between law and economy on a level never seen before. The interpretive freedom allowed by this set of factors breaks the idea of the need for a rigid Law, which will be analyzed, in terms of implications, in its socioeconomic context, namely neoliberalism.

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7

Lagerberg, Eric M. "Conflicts of laws in private international air law". Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59992.

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The thesis deals with problems of conflict of laws and its latest developments, especially in Europe, in relation to international air transport. (1) The contractual situations connected with air transport are analysed in light of the applicable international air law conventions and of a comparative survey of the conflict of laws rules of some states and international conventions on conflict of laws concerning contracts. Where the international air law conventions do not supply the solution or where they are not applicable resort has to be made to the conflict of laws. (2) Conflict of laws also arises in the legal interaction (contracts, sale of goods, transfer of ownership--res in transitu, torts, marriages, wills, etc.) between persons onboard an aircraft in flight. (3) The aircraft as an expensive and highly mobile chattel poses problems from the rights in rem point of view in the conflict of laws. (4) Aircraft accidents and the tortious liability of persons and entities involved as well as obligations arising from assistance and rescue operations pose conflict of laws problems.

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8

Al-Subaihi, Abdulrahman A. I. "International commercial arbitration in Islamic law, Saudi law and the model law". Thesis, University of Birmingham, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.497341.

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9

Genneby, Johan. "Hard Decisons, Soft Laws : Exploring the authority and the political impact of soft law in international law". Thesis, Linköping University, Department of Management and Economics, 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-1864.

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The question of whether there is soft law in international law has been as much the subject of contemporary debate as whether or not there is private legal authority in the international society. The legal boundaries seem to be blurred by the process of globalisation and the recent shift in international law. The traditional definition of international law has been outdated as new forms of treaties has introduced new subject of law to the judicial arena. At the same time a supplementary map of law has been added to the cartography of international law, soft law. These correlating processes have comprehensive political and legal consequences at both the international and national levels. This essay examines and identifies soft law from a legal-political perspective and locates and explores private forms of legal authority on the map of contemporary international law. In respect to theory, it accounts for an interdisciplinary approach involving issues of both international law and international relations. In the process this study examines issues regarding the relative legal normativity and the blurring of legal authority in international law. The focus is on the legal character, the constitutive practices and the legal and political influence of soft law. It discusses the influence and power exerted by soft law over state actors in the international system and at the national level. The essay finds that soft law is of substantial relevance in the international ambit. To some extent a limited normative force of certain norms is recognized in soft law even though it is conceded that those norms would not be enforceable by an international court or other international organ. To say that it does not exist because it is not of the enforceable variety, might blind students of international law to another dimension of the landscape of international practice. Soft law does not translate to soft obligations in the reality of international society, and it seems to be some confusion surrounding the obligations conceived by it. The research here presented suggests that its political and legal power is substantial. The researched examples do not display any real private legal authority in soft law. This is because soft law is found to be a separate phenomenon from international law proper. However, soft law’s impact on national governments combined with the wider acceptance of the presence of private actors in the creation of soft law suggests that private power is noteworthy in comparison. In one of the studied examples, the soft law is concluded by private business representatives solely, but in requiring the status of soft law it is dependant on the recognition of the international and national legal bodies.

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10

Neuwirth, Rostam Josef. "International law and the publicprivate law distinction". Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30320.

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Traditionally, public international law and private international law were perceived as two different categories of law; the former governing the international relations between states and the latter those between private individuals. Their relation is based upon an evolutionary development from private to public, and from municipal to international, law. In the modern world, this evolution has culminated in a dynamism reflected in numerous interactions between a wide range of different actors. As a result, the former boundaries between the public and private law, as well as the international and municipal law dichotomy, have become blurred. In an emerging global society, these four major categories have entered a dynamic dialogue that equally challenges both legal theory and practice. This dialogue is centred around a functioning global legal framework, in which public international law and private international law can---due to their distinct scopes of application---answer many unanswered questions, providing that they speak with one voice.

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11

SOUSA, RITA ALEXANDRA BARREIRA DA MOTA DE. "FEMINIST THEORIES OF LAW: WOMEN EMANCIPATING LAW". PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2014. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=29195@1.

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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO
No processo de libertação da mulher questiona-se o potencial emancipador do direito. A crença das feministas liberais na assimilação da mulher pelo direito deu lugar ao desencanto das feministas culturais na igualdade formal e à afirmação da diferença. Com as feministas radicais desenhou-se a crítica ao direito como status quo, que as feministas pós-modernas levaram mais adiante afirmando que o direito é causa e produto da desigualdade e a necessidade de um novo paradigma no direito. Os métodos jurídicos feministas questionam os métodos jurídicos tradicionais herdados da concepção moderna de Estado liberal, e apresentam uma nova perspectiva do direito, capaz de identificar os pontos em que a sua aplicação reforça as assimetrias de poder e de as corrigir. O estudo do crime de violação e do assédio sexual demonstra as diferentes perspectivas que o direito pode assumir na resolução dos problemas que se colocam às mulheres, e como por vezes se dá a absorção das reformas legais e a sua transformação pela ideologia patriarcal.
In women s liberation process, law is questioned in its emancipating potential. Liberal feminism belief in law assimilationism gave rise to cultural feminists disenchantment in formal equality and to difference affirmation. Radical feminists draw critics to law as a status quo, critics post-modern feminists took further stating law as inequality cause and product, and also the need for a new paradigm in law. Feminist juridical methods question the traditional methods inherited form liberal State modern conception, and present a new perspective in law, able to identify and correct law where its application reinforces power asymmetries. Violation and sexual harassment study aims to demonstrate how law can assume different perspectives in solving women s problems and how, sometimes, legal reforms are absorbed and transformed by patriarchal ideology.

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12

Infantino, Marta. "Comparative Law of causation in Tort Law". IUS ET VERITAS, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/123595.

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this article analyzes the causal element of torts from the perspective of comparative law, focusing on the field of tort liability. Thus, it specifies both the particular aspects of the investigation as well as each legal system studied. then, the article discusses the differences and similarities of each system. Later, it stops on the dominant approaches examining its success on facing the tort phenomenon in order to highlight the essential characteristics that determine the various approaches tort liability can assume.
El presente artículo analiza el elemento causal de la responsabilidad civil desde una perspectiva de derecho comparado, haciendo énfasis sobre el campo de la responsabilidad aquiliana. Así, precisando tanto los aspectos particulares de la propia investigación como de cada Ordenamiento Jurídico estudiado, el artículo aborda las diferencias y similitudes de cada Ordenamiento. De esta forma, se detiene sobre los enfoques dominantes examinando la capacidad de los mismos. Ello con la finalidad de evidenciar las características esenciales que determinan los diversos alcances que puede asumir la responsabilidad aquiliana.

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Habibzadeh, Taher. "Developing and modernizing Iranian law in the context of electronic contracts by a comparative study of UNCITRAL rules, English law, American law, EU law and Iranian law". Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/developing-and-modernizing-iranian-law-in-the-context-of-electronic-contractsbya-comparative-study-of-uncitral-rules-english-law-american-law-eu-law-and-iranian-law(004e86e1-83a6-42f0-9e6b-d3f6270696ad).html.

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In the modern world, electronic communications play a significant role in national and international electronic transactions. This issue has forced all legal systems to face up to many emerging legal problems in the context of electronic communications, such as the time and the place of formation of electronic contracts, the validation of e-contracts made by the interaction with e-agents, the legal validity of electronic documents and signatures, consumer protection in contracting electronically in particular in cross-border e-transactions, and the Internet jurisdiction and choice of law. One issue to determine is the place of formation of contracts when contracting electronically, either through email, websites or chat-rooms to see how the notion of 'place' is perceivable in cyberspace; and the way of application of the four traditional theories of information, dispatch, receipt and awareness relating to the time and place of conclusion of contracts in contracting by electronic means should be examined. Regarding the legal validity of e-contracts made through interactive websites, the legal status of electronic agents which play an important role in this process is questionable to see whether they are akin to real agents in the physical world or they are only a mere tool of communication. The responsible person for any mistakes that an electronic agent makes and causes losses or damages to the contracting parties should also be examined. There are also questions regarding meeting the formalities in the formation of some specific contracts in contracting electronically to see whether the electronic documents and signatures legally valid and admissible at the courts of law or not. Their legal weight should also be measured. Moving on the jurisdiction and choice of law issue, some argumentative questions raise. For instance, where the rule of private international law provides that the competent court is the court within which jurisdiction the contract is performed, it is necessary to see that where the place of performance of the contract in which the subject matter is digital goods such as e-books or computer software delivered online is. This is also an important question in providing electronic services such as e-teaching. Regarding the choice of law issue the same questions of jurisdiction are posed. Furthermore, as consumer protection issue in B2C contracts is important in developing electronic commerce worldwide, it should be considered that whether the consumer party is able to bring an action against the business party in his own place of domicile or habitual residence or not. These are only a sample of questions that the current research tries to analyse based on the traditional legal rules and principles and the statues on electronic commerce. Discussing the above legal doubts in the context of Iranian law shows that there are a number of legal uncertainties in the Iranian legal system hindering, or at least putting in doubt, the development of electronic commerce in both national and cross-border electronic transactions. Despite the fact that some of them have been addressed by the Iranian Electronic Commerce Act 2004 indirectly, however a detailed legal work is still definitely needed to elaborate the questions and provide solutions developing and modernizing Iranian law in the context of electronic contracts. The author in the current research tries to analyse the questions by a horizontal comparative study of the UNCITRAL Model Laws, the Convention on the Use of Electronic Communications in International Contracts 2005, the EU law, English law, American law and Iranian law. Also, a four-stage roadmap that acts as the guiding principle of this research is employed to develop the Iranian legal system in the context of e-commerce. The first stage focuses on whether the exact application of Iranian traditional law can address the emerging legal doubts; the second stage expands and develops traditional rules; the third introduces legal presumptions; and the fourth theorizes new rules. The research concludes that the Iranian legal system may be modernized and developed in the context of electronic contracts by adopting the legal policy and solutions of other legal systems by both scholarly legal doctrines and legislation.

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14

Gibbons, Robert C. "Florida's common-law corporation sole an historical, civil law, and canon law analysis /". Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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15

Nolan, Michael E. "Clearly invalidating laws in the new Code of canon law". Theological Research Exchange Network (TREN), 1989. http://www.tren.com.

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16

Mullins, Eddie. "The process of the law of attraction and the 3rd law, law of allowing". Online version, 2008. http://www.uwstout.edu/lib/thesis/2008/2008mullinse.pdf.

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17

Neuwirth, Rostam Josef. "International law and the public/private law distinction". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64296.pdf.

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18

Borg-Barthet, Justin. "The governing law of companies in EU Law". Thesis, University of Aberdeen, 2010. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=167398.

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This thesis addresses the theoretical and legal foundations for choice of corporate law in the European Union. In particular, it evaluates the contractarian approach to choice of law, which has become the dominant paradigm. When contractual principle is viewed in its fullest form, it is found that corporate choice of law could be restricted for similar reasons to those which justify limitations to party autonomy in contractual choice of law. What is more, economic arguments for party autonomy should be refined in view of the fact that corporate legal theory is unsettled. Indeed, different views about the economic nature of companies are accounted for in State practice. Having rejected dogmatic approaches to the private international law of companies, it is then found that the EU Treaties contain contradictory signals about the place of party autonomy in choice of corporate law. The lack of clarity in the Treaties and lack of legislative progress has necessitated recourse to the European Court of Justice. The Court has, generally, adopted an interpretation of the Treaty which furthered economic integration. However, the judgments reveal numerous inconsistencies, and the law is in a constant state of flux. Added to the fact that the EU’s legislation is less permissive than the Court’s judgments, the law lacks clarity. Legislation is therefore needed. It is suggested that future legislation should entrench a degree of autonomy, but should also account for the fact that States differ on the goals of companies. While the law of the State of incorporation should govern all matters relating to the company’s internal law, European law should bind the Member State in which a company is established to require pseudo-foreign companies to incorporate norms of the State of its real seat in their statutes. This could be supported through the use of information technology solutions which have been pioneered in other fora.

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19

Dang, Hop Xuan. "International law as governing law of state contracts". Thesis, University of Oxford, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.496437.

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20

Las, Heras Horacio Raúl. "International Labor Law Standards and Argentine Domestic Law". Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/117309.

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The following article attempts to address the problem, from the point of view of the labour law, which arises on the interpretation of standards on the basis of an analysis of sources, both internal sources such as international. Whereupon, the author advocates maintain the essence of the protective principle of labour law which will lead to combining rules from different sources to protect both the worker as the structure institutional and legal of the domestic law of each country.
El presente artículo intenta abordar la problemática, desde el punto de vista del derecho laboral, que se presenta en torno a la interpretación de normas laborales partiendo de un análisis de fuentes, ya sea tanto fuente interna como internacional. Con lo cual, el autor aboga por mantener la esencia del principio protector del derecho laboral lo cual llevará a conjugar normas de las diferentes fuentes para proteger tanto al trabajador como a la estructura institucional y legal del derecho interno de cada país.

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Pardolesi, Roberto, e Massimiliano Granieri. "The Future of Law Professors and Comparative Law". IUS ET VERITAS, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/123064.

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In this paper, the authors analyze the positions on the objectives of Comparative Law as an autonomous discipline, as well as the intersection between law and economics and its implications for future studies of law. this is studied in relation not only to what is Law, but with what it should be. ending the authors propose a new perspective for comparatists lawyers, seeking to revitalize legal research.
En el presente artículo, los autores analizan las posiciones acerca de los objetivos del Derecho Comparado como una disciplina autónoma, así como la intersección entre Derecho y la economía y sus implicancias en los futuros estudios del Derecho. todo ello se estudia a en relación no solo a lo que es el Derecho, sino con lo que debería ser. Finalizan los autores proponiendo una nueva perspectiva para los abogados comparatistas, buscando revitalizar la investigación jurídica.

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Semchuk, N. O., e N. V. Maliarchuk. "Air criminal law as a branch of law". Thesis, Національний авіаційний університет, 2020. http://er.nau.edu.ua/handle/NAU/41701.

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So far, science does not have a unified approach to what is the field (branches/areas) of law, what is their classification and relationship. The European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Private Law. In continental law, such areas of law are generally distinguished as constitutional, administrative, criminal, civil, etc. Other researchers offer a much broader classification that separately includes computer, competition, aviation, space, and other areas of law that are classically distinguished as sub-sectors.
So far, science does not have a unified approach to what is the field (branches/areas) of law, what is their classification and relationship. The European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Private Law. In continental law, such areas of law are generally distinguished as constitutional, administrative, criminal, civil, etc. Other researchers offer a much broader classification that separately includes computer, competition, aviation, space, and other areas of law that are classically distinguished as sub-sectors.

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BARRA, MATTEO. "Investment protection between international law and EU law". Doctoral thesis, Università Bocconi, 2010. https://hdl.handle.net/11565/4053897.

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Jackson-McCabe, Matt A. "Logos and law in the letter of James : the law of nature, the law of Moses, and the law of freedom /". Leiden : Brill, 2001. http://catalogue.bnf.fr/ark:/12148/cb37211231z.

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Godoy, Wilson Magdalena Sofia. "Sexual violence in armed conflict under international law: The interplay between international humanitarian law human rights law and international criminal law". Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/56998.

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Sasson, Monique. "Substantive law in investment treaty arbitration : the uneasy relationship of international law and municipal law". Thesis, University of Cambridge, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.611808.

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Almansoor, Mohamed Ali Saleh. "Political rights of women in Islamic law, international law and the United Arab Emirates law". Thesis, Glasgow Caledonian University, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395790.

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Du, Plessis J. R. "The law of culpable homicide in South Africa : with reference to the law of manslaughter in English law and the law related to negligent killing in German law". Thesis, Rhodes University, 1987. http://hdl.handle.net/10962/d1003185.

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Culpable homicide is the unlawful negligent killing of a fellow human being. As such it is in many respects a 'residual' crime being the verdict prosecutors may expect when they are unable to prove the intention to kill when prosecuting for murder. A feature of this was that in the past when defences such as, for instance, intoxication or provocation were raised at murder trials, convictions of culpable homicide were almost automatic. In recent years, under the influence of the 'purist' current in our Criminal law, intoxication has become a defence to culpable homicide and provocation resulting in loss of self-control has also become a defence to culpable homicide. These developments are unacceptable to some writers on criminal law and a move away from the purist approach to the 'traditional' or pragmatic approach is to be expected. Greater emphasis will be placed on practical results than on the achievement of logical consistency. This could result in the law of culpable homicide becoming more socially effective than it is at present.

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Al-Sumaiti, Jamal. "The contributions of Islamic law to the Maritime law". Thesis, University of Wales Trinity Saint David, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.503613.

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30

Gordon, Randy. "Rehumanizing law : a narrative theory of law and democracy". Thesis, University of Edinburgh, 2009. http://hdl.handle.net/1842/2655.

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When we think of “law” in a popular sense, we think of “rules” or the institutions that make or enforce those rules (legislatures, the police, courts, etc.). But where do these rules come from and what makes them legal rules? Put differently, does a rule’s status as a legal rule mean that it is sealed off from the influence of other systems of human knowledge and inquiry (like the humanities)? There are many possible answers to these questions, but the one that I am concerned to examine in my work arises from narrative, which is one of the most fundamental modes of human expression. By keeping narratives at a distance or delay, law loses (and has indeed lost) some of its essential humanity. My project is, then, an attempt to explain the relationship between law and narrative, and—in the end—to suggest ways to rehumanize law by reconnecting it to its narrative roots and certain cognates in the humanities. To do this, I retell dozens of law-stories within a theoretical framework derived from literary, legal, and political theory.

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31

Allo, Awol Kassim. "Law and resistance : toward a performative epistemology of law". Thesis, University of Glasgow, 2013. http://theses.gla.ac.uk/4894/.

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This thesis is a genealogical inquiry into law’s conditions of possibility for political critique as/and resistance. Questioning law’s claim to normativity, it argues that law is a performative discourse that generates and presents its normative materiality through performative iterations. From the constitution of sovereignty to the formation of the legal subject; from the rituals of legislation to ceremonials of adjudication, there is a performative logic that contingently conditions law’s generation of the normative reality of the present. Arguing that law’s normative representation and expression of sovereignty, the subject, and politics closes the possibility for change and becoming; contesting law’s claims to rationality, objectivity, neutrality, autonomy, and universality; it puts forth a performative epistemology of law that is attentive to power and discourse; and to the production of knowledge’ and the ‘generation of truth.’ Calling attention to law’s entanglement with power and the violence of exclusion and domination; it brings historical inquiry into the orbit of law and legality. The thesis presents the political trial both as: (1) a moment that subverts law’s normative claims to rationality, autonomy and value-neutrality; and (2) as a power-knowledge formation capable of accommodating fresh articulations of hegemonic norms. Drawing on Foucault’s conceptions of power and resistance, I will offer strategies and tactics that: (1) formulate and circulate strategic knowledge of power in law; and (2) open up new sites of struggle for what I call a performative-genealogical intervention.

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32

Gilthvedt, Gary E. "Dying 'through the law to the law' (Gal. 2.19)". Thesis, University of St Andrews, 1990. http://hdl.handle.net/10023/2791.

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In the Letter to the Galatians the law has been superseded by Christ's cross and faith in Christ is contrasted to the law. The juxtaposition of the law and the cross occurs in 2.19, where Paul speaks of them in terms of dying and living. The purpose of the present study is to do four things. First, Paul's letters have been examined for their uses in context of 'cross, crucifixion' and 'law', so that the basis for theological reflection might be the texts themselves. We conclude that although Paul's references to 'law' oscillate in stridency and meaning, and his references to 'cross, crucifixion' are few, the law and cross represent the before and after of Paul's life. Second, our exegesis of Gal 2.19 leads to three observations. 'Dying to-living to' refers to death and life within specific relationships, that to law and that with God. 'Being crucified with' refers to Paul's own inclusion and participation in the death of Christ, so that when Christ died Paul also died. 'Through the law' indicates the death-bringing character of the law itself. Behind Paul's statements about dying and living are the death and resurrection of Christ, which serve as the frame of reference for Paul. Third, Gal 2.19 has been compared to the argument of Galatians 2-3,4.1-7, and Paul's summary statement in 6.14-15. Our test question is what Paul means by dying 'through law' and whether law should be understood as the cause of death. s Finally, it is the conclusion of this study that Paul views the law as death-bringer, causing the death of Christ and the death of Paul in relation to law. This heightens the singularly life-giving character of faith in Christ.

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Eltayeb, E. A. "Aspects of banking law : Sudanese and English law compared". Thesis, University of Exeter, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.374707.

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Cunningham, Graeme James. "Law, rhetoric, and science : historical narratives in Roman law". Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/41030/.

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Historical narratives have limited scholarly appreciation of the impact of rhetoric on the development of Roman law in the late Republican period. This thesis challenges these narratives and attempts to re-evaluate the role of rhetoric in Roman law.

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35

Ong, Burton T. E. "Competition law and the common law of unfair competition". Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:0bcf048f-12a6-495d-a7ae-66b307d296df.

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Competition between trade rivals in a marketplace operating within a common law-based legal system is regulated primarily by two fairly distinct branches of the law: the prohibitions against anti-competitive conduct imposed by the competition law framework, and the common law restraints against acts of “unfair competition” that attract liability under the economic torts. This dissertation aims to critically examine both these legal frameworks and provide an integrated account of how these branches of the law distinguish between lawful and unlawful modes of competitive conduct. By scrutinising the doctrinal and policy foundations that underlie each of these legal frameworks, common thematic strands that may not be immediately apparent to lawyers working exclusively in either field will be exposed, while fundamental differences between their respective inner workings will also be uncovered in the process. Engaging in such a comparative exercise will facilitate a deeper understanding of the contrasting objectives and jurisprudential approaches associated with each legal framework which, in turn, sheds some light on the nature of their relationship with each other and the extent to which legal developments in one field ought to influence, or be influenced by, the other. Besides evaluating how and why the common law economic torts operate differently from the competition law prohibitions in circumscribing the liberty of individual competitors to inflict economic harm upon their trade rivals, this dissertation will also analyse selected types of commercial conduct which are regarded as lawful under one framework but unlawful by the other, and contrast them with scenarios which could attract overlapping legal liability under both legal frameworks. In addition, this dissertation will explore a selection of legal issues arising from the doctrinal interaction between these areas of the law that may confront the courts as these two legal frameworks continue to develop in tandem with each other.

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Puy, Muñoz Francisco, e Parga Milagros Otero. "Theory of Law understood as Prudential Theory of Law". Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/117782.

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During centuries, law has been studied and understood under a human view. This way of understanding law used the argumentation, the topic, the rhetoric and the dialectics as working methods. The result was a plural and continuously in movement humanistic law. The situation changes in 19 century with the beginning of the iuspositivism movements with a focus in the study of law as legal frame. The result is a rigid, non-flexible and poorly adapted to judicial experience law. We understand that this situation must change and is urgent to combine science and prudence in order to be able to provide a Theory of law, that can be understood as a Prudential Theory of Law. This according to our understanding will enable the recuperation of a more flexible, plural and humanistic and above anything a fairer judicial experience.
Durante siglos se ha estudiado y entendido el Derecho en clave humana. Esa forma de entenderlo usaba de la argumentación, de la tópica, de la retórica, y de la dialéctica como métodos de trabajo. El resultado era un Derecho humanista, plural y en permanente movimiento. Esta situación cambió en el siglo XIX con el inicio de las corrientes iuspositivistas, que enfocan el estudio del Derecho como ordenamiento jurídico. El resultado es un Derecho rígido, poco flexible, y poco adaptado a la experiencia jurídica. Entendemos que esta situación debe variar, y que urge combinar ciencia y prudencia para ofrecer una Teoría del Derecho que pueda ser entendida como Teoría Prudencial del Derecho. Creemos que de ese modo se retomará una visión de la experiencia jurídica más flexible, más plural, más práctica, más humanista y sobre todo más justa.

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37

Lindsay, Bobby William Milroy. "The exclusion of foreign law in international private law". Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/30593/.

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It is an axiom of the conflict of laws that one state will not enforce the revenue, penal, or ‘other public’ laws of another. This thesis shall criticise this position, arguing that these exclusionary principles should be replaced with a general principle of enforceability, subject to the control of public policy. It shall begin by sketching the general landscape of the exclusion of foreign law in Anglo-Scots international private law. Thereafter, a detailed account shall be given – for each of the revenue, penal, and ‘other public’ law rules – of the historical development of those exclusions, and their present scope of operation. This exposition provides a foundation for a critical examination of those rules.

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38

Tshikovhi, Rotondwa Happy. "The law relating to double jeopardy in labour law". Thesis, University of Limpopo, 2014. http://hdl.handle.net/10386/1236.

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Thesis (LLM. (Labour Law)) --University of Limpopo, 2014
This research focuses on the application of the double jeopardy principle in labour law, section 188(1)(a (b) of the Labour Relations Act 66 of 1995, (herein the LRA) which provides that the dismissal is unfair if the employer fails to prove that the reason for the dismissal is fair and was effected in accordance with a fair procedure. The first point which I would explain is the meaning of double jeopardy and whether it is applicable in labour law. The research articulates that the double jeopardy principle applies to labour law and enumerates ways it can be applied. The South African courts, in particular, the Labour Court and the Labour Appeal Court have delivered several judgements on the double jeopardy principle. These cases will be critically discussed in detail. Comparison will be made with foreign labour law jurisprudence on the double jeopardy principle, particularly in Australia and the United States of America.

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39

Connell, James E. "Invalidating and incapacitating laws in the "Code of Canon Law"". Thesis, University of Ottawa (Canada), 1994. http://hdl.handle.net/10393/6542.

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40

Cleveland, Thomas Joseph. "The Accounts of the Origin of Law in Plato's Laws". Thesis, Boston College, 2016. http://hdl.handle.net/2345/bc-ir:107217.

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Thesis advisor: Robert C. Bartlett
Thesis advisor: Nasser Behnegar
This dissertation presents the different accounts of the origin of law in Plato’s Laws and I seek to show how the question of the law’s origin relates to Plato’s political philosophy as a whole. For the early modern political philosophers, the concept of a pre-political “state of nature” plays a central role in their attempt to describe the sources and limits of legitimate political authority. The question of the origin and development of the city is given much less emphasis by the ancient philosophers and it is not clear how their opinions about this question relate to their understanding of politics. In Plato’s Laws, however, the question of whether law has a divine, natural, or conventional origin is at the center of the Athenian Stranger’s inquiry. I begin by arguing that the conventionalist view of law, religion, and morality as it is presented in Book X depends on a materialist natural science that the Athenian knows to be deficient. At the same time, the Athenian also knows that he does not possess demonstrative knowledge of the existence of providential gods. Because of his knowledge of his ignorance about these matters, he is compelled to consider the claim that certain laws have a divine origin. In order to evaluate these claims he turns the conversation toward the question of the purpose of law and shows that a divine law must be understood to perfect human beings by making them virtuous. I argue that the core of the Athenian’s confrontation with the claim that law has a divine origin is a dialectical inquiry into virtue and happiness. Although the Athenian does not carry out this inquiry in the conversation in the Laws itself, I argue that the results of such an inquiry are shown by his new beginning in Book III, which begins with the question of the origin of the regime. In Book III he breaks with the traditional claims about law’s divine origin and he offers his own account of the human origin of the city and its laws. Although the Athenian’s account is in some respects similar to that of the conventionalists, I argue that he departs from them in important respects due to his deeper understanding of the roots of our ignorance about the human good
Thesis (PhD) — Boston College, 2016
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: Political Science

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41

Nowag, Julian. "Competition law, state aid law and free-movement law : the case of the environmental integration obligation". Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:b14c7740-cac8-4084-acf8-86ff9c053e6c.

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This thesis investigates competition law, State aid law and free-movement law in their interaction with Article 11 TFEU’s obligation to integrate environmental protection requirements into all activities and policies of the Union. The Article is formulated in broad and sweeping terms which makes integrating environmental protection requirements complex and context-dependent. The challenge of integrating environmental considerations is further increased as such integration in competition, State aid and free- movement law is different from other areas of EU action. The three areas are the core provisions protecting the internal market by prohibiting certain actions of the Member States and undertakings. Unlike in other areas, the EU is therefore not in the position to develop or design the actions but has to scrutinise the measure according to pre-established parameters. To address this challenge, a novel functional approach to environmental integration is developed. The approach should facilitate a better understanding of environmental integration and in particular its application to competition law, State aid and free-movement law. An important element of this thesis equally the comparison between the three areas of law. It sheds light on conceptual issues that are not only relevant to the integration of environmental protection. The comparison advances the understanding in relation to questions such as how restrictions are defined and how the respective balancing tests are applied. The contribution of this research is therefore twofold. One the one hand, it compares how the different tests in competition, State aid and free-movement law operate, thereby offering opportunities for cross-fertilisation. On the other hand, this comparison and the improvements suggested as a result help to conceptualise environmental integration thereby paving the way for a more transparent and consistent integration of environmental protection in competition, State aid and free-movement law.

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42

Hagelüken, Alexandra. "The impact of EC Law and WTO Law on domestic law, a critical analysis of the case law of the European Court of Justice". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0025/MQ50934.pdf.

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43

Hagelüken, Alexandra. "The impact of EC law and WTO law on domestic law : a critical analysis of the case law of the European Court of Justice". Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21683.

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The relationship between, on the one hand, European Community Law and World Trade Organization Law and, on the other hand, domestic law lies at the heart of this thesis The European Treaty and the World Trade Organization Agreements have far reaching impacts not only on their Member States, but also on individuals. It is of crucial importance for the protection of individual rights and for the effective enforcement of these treaties whether individuals can invoke them before their national courts. After giving an overview of the general theories, which exist in international law with respect to the impact of international treaties on domestic law, this thesis analyzes the case law of the European Court of Justice regarding the impact of EC Law on domestic law and the impact of GATT 1947/WTO Law on the European Community. A review of this case law will demonstrate that the European Court has effectively promoted European integration by the doctrines of direct applicability, direct effect and supremacy. In contrast, the European Court has so far denied that individuals or Member States can challenge the validity of EC Law by invoking provisions of the GATT 1947. It is not clear whether the Court will change its attitude with respect to the WTO Agreements. This thesis will demonstrate that the general denial of direct effect to GATT/WTO Law is not based on legal reasons. With respect to the European Community, individuals must be allowed to rely at least on some of the provisions.

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44

Yearwood, Ronnie Rottchell Fernando. "A Study on the Interactions between WTO Law and External Law The constrained Openness of WTO Law". Thesis, University of Newcastle Upon Tyne, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.492109.

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Contemporary international legal scholarship is concerned about the fragmentation of international law into specialised systems such as trade, environment and human rights. Fragmentation raises questions about intra-systemic interaction between the specialised systems and general international law. It also raises questions about the inter-systemic interaction between the various specialised systems of international law, which is the focus of this study.

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45

Aljallal, Arwa Ibrahim A. "The duty of good faith in insurance law : a study of Saudi law compared to English law". Thesis, University of Southampton, 2014. https://eprints.soton.ac.uk/370749/.

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46

Keiseng, Rakate Phenyo. "Is the Sierra Leonean amnesty law compatible with international law?" Universität Potsdam, 2000. http://opus.kobv.de/ubp/volltexte/2010/4419/.

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Der Autor diskutiert in seinem Aufsatz kritisch den Friedensvertrag von Lomé, der am 7. Juli 1999 offiziell den bewaffneten Konflikt in Sierra Leone beendete. Nach einer kurzen Zusammenfassung der allgemeinen Regelungen des Vertrags stellt der Autor die in Artikel 9 des Abkommens vorgesehene Generalamnestie den bindenden Grundsätzen des internationalen Rechts gegenüber. Internationale Verbrechen, wie Völkermord, Kriegsverbrechen oder Folterung sind als Verstoß gegen ius cogens-Normen von allen Staaten zu verfolgen. Nach der Erörterung der betreffenden Konventionen, internationalen Abkommen und Fallentscheidungen des IGH, die diesen Grundsatz festschreiben, beschreibt er den - Friedensprozessen inhärenten - Konflikt, ein Gleichgewicht zwischen notwendiger Versöhnung und strafrechtlicher Verfolgung zu finden. Bei der Betrachtung des Fallrechts schließt Phenyo neuere Entscheidungen ein, wie die des britischen House of Lords im Fall Pinochet, die sowohl nationalen wie internationalen Gerichten das Recht auf Strafverfolgung internationaler Verbrechen zugestand. Stellvertretend für die weite Kritik der Generalamnestie des Lomé-Abkommens zitiert der Autor den VN-Generalsekretär Kofi Annan, der die Generalamnestie als unvereinbar mit der Tätigkeit und Aufgabe der internationalen Straftribunale in Den Haag und Arusha sowie des zukünftigen Internationalen Strafgerichtshofes ansieht. Phenyo schließt sich mit seiner kurzen Analyse des Friedensabkommens der kritischen Haltung Annans an und sieht nur eine geringe Möglichkeit für die Durchsetzung der fraglichen Amnestie, deren Gültigkeit durch die wiederaufgeflammten Kämpfe in Sierra Leone auch faktisch in Frage gestellt worden sind. (trai)

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47

Landskron, Rolf. "Common-law and civil-law legal families : a misleading categorisation". ePublications@bond, 2008. http://epublications.bond.edu.au/theses/landskron.

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This thesis examines common-law and civil-law jurisdictions in order to find differences between them. These differences are then being qualified as either relevant or irrelevant for the categorisation of individual jurisdictions. This reflects the argument that only features occurring in only one of the legal families can be relevant when categorising jurisdictions. Only such features can be, from the author’s point of view, specific and typical for their legal family and inherent features of them.The first thing to be considered under this premise is the respective sources of law (Chapter 1). These are in civil-law jurisdictions traditionally statutes and in commonlaw jurisdictions predominantly courts’ decisions. There are, of course, statutes also in common-law jurisdictions and previous courts’ decisions play an important role also in civil-law systems. The differences are not inherent. Furthermore, there are fundamental legal concepts, that is important concepts underlying the respective rules. These concepts may explain differences between the rules. The examination of sources of law, altogether, does not reveal any distinguishing factors.Chapters 2–5 discuss the issue of attitudes of common-law and civil-law judges to statutory interpretation. Chapter 2 examines the respective methods of statutory interpretation. This does not reveal any differences as to common-law and civil-law judges’ attitudes; for instance, greater adherence of common-law judges to the literal meaning of rules arguably does not exist. As shown in Chapter 3, this is true also in the area of Criminal Law under the special safeguards this subject provides. Chapter 4 asserts terminology causes differences between the systems; this is true even in case of identical terminology which is sometimes being interpreted in a diametrically different way. Moreover, differences can also be compensated for elsewhere in the legal system. Altogether, Chapter 4 does not reveal any inherent differences between the systems. As Chapter 5 shows, there is an ongoing process of convergence between common-law and civil-law systems, which means the categorisation into legal families becomes even less plausible.Chapter 6 shows that the categorisation into legal families is not only incorrect but also highly misleading and that there are numerous scholarly statements relying incorrectly on the family concept. The proposition (Chapter 7) is that it may nevertheless be feasible to structure comparative-law texts according to the wellknown legal families, as these show a common historical background. However, for conducting research into particular foreign legal rules (micro-comparative research), the family concept becomes a misleading starting-point. Insofar the concept should be abandoned or, at least, used only together with an appropriate warning.

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McCoy, Gerard John Xavier. "Uxorial privileges in substantive criminal law: a comparative law enquiry". University of Canterbury. School of Law, 2007. http://hdl.handle.net/10092/3674.

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This thesis investigates three exemplars of uxorial substantive privileges in the criminal law: the marital coercion doctrine, the intraspousal conspiracy exemption, and the uxorial post-offence accessorial immunity. Their history, choreography and variations are comparatively investigated across the common law jurisdictions including the impact of statutory interventions. The principal argument is that the judicial and legislative treatment of these uxorial privileges has been inconsistent or erratic so that they are not the products of any systematic, modern development in the criminal law. This thesis proposes that there is no justification for their continued retention in common law legal systems. Archival, Parliamentary, and other sources have been used to identify the factors impinging upon the creation of specific statutory uxorial privileges. The diaspora of these laws throughout the other common law jurisdictions is investigated. The discussion is illustrated by examination of the particular issues raised by polygamy, customary law concubinage as well as by gender-reassignment. This thesis examines whether both gender-specific and marriage-specific criteria are valid constituents within the parameters of substantive criminal law. It traces the genesis of these special defences within the criminal law available exclusively to women, from the time of King Ine of the West Saxons c712, to examine the current status of such laws throughout common law jurisdictions. The investigation explores factors shaping the creation of a statutory defence of marital coercion by the British Parliament in 1925 and outlines the challenges generated by that law and its extraordinary resilience. This thesis demonstrates the failure of the criminal law to provide an overarching construct to implement emergent gender equality.

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Smith, Patricia. "The integral reordering of law with application to religious law". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ57067.pdf.

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Mugisha, Julius P. K. "Recognition of common-law spousal relationships in Canadian family law". Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80943.

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Common-law spousal relationships have become increasingly common with a growing number of Canadians electing to enter into them. This thesis appreciates the injustices suffered by common-law spouses during and at the termination of their spousal relationships, and reinforces the view that the denial of marital property benefits dishonors the dignity of common-law spouses. Common-law spouses experience similar needs as their married counterparts when the relationship ends. Most of the current functions of marriage can be fulfilled within common-law spousal relationships and should more appropriately be called functions of the family.
Both Canadian courts and the legislatures have acknowledged and responded to the injustices that often flow from power imbalances in unmarried persons' families and have thereby given increased recognition to common-law spousal relationships. They have taken stock of the fact that by not recognizing the rights of common-law spouses in Canada on the basis of their marital status is an affront to justice. Legislatures have also enacted various statutes and have amended existing ones to extend certain rights to common-law spouses.
The various ways in which the rights of common-law spouses have been recognized in Canada will be examined and discussed, in particular the remedial notion of constructive trust which is imposed by courts to prevent injustice and unjust enrichment. It is argued this notion of constructive trust has proven effective, especially in cases where property is being divided after a long-term intimate relationship. Common-law spouses have advanced constitutional challenges in their quest to benefit from marital benefits and protections in their relationships since it is argued that both relationships are functionally the same.
Finally, this thesis suggests lessons that can be learned from the Canadian developments of recognizing common-law spouses. It also concludes by examining similar developments that have taken place in other countries of Europe and Africa.

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