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Gender and Cultural Justice in South Africa

Monique Deveaux

in Gender and Justice in Multicultural Liberal States

Published in print:
2006
Published Online:
January 2007
ISBN:
9780199289790
eISBN:
9780191711022
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199289790.003.0007
Subject:
Political Science, Democratization

Nowhere are the difficulties of protecting both the right to enjoy one’s culture and the right to sexual equality protections better illuminated than in the case of post-Apartheid South Africa. This ... More


Defending the Society of States: Why America Opposes the International Criminal Court and its Vision of World Society

Jason Ralph

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199214310
eISBN:
9780191706615
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214310.001.0001
Subject:
Political Science, International Relations and Politics

This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret ... More


Three Modes of Incorporating Indigenous Law

Jacob T. Levy

in Citizenship in Diverse Societies

Published in print:
2000
Published Online:
October 2005
ISBN:
9780198297703
eISBN:
9780191602948
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019829770X.003.0012
Subject:
Political Science, Political Theory

Three broad kinds of incorporation of indigenous law in a multicultural society are described: customary law, common law, and self‐government. These modes of incorporation have different internal ... More


Incorporating Indigenous Law

Jacob T. Levy

in The Multiculturalism of Fear

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297123
eISBN:
9780191599767
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297122.003.0007
Subject:
Political Science, Political Theory

Indigenous, and also religious, legal codes can be and have been incorporated into the legal systems of states in a number of ways. These include common‐law incorporation, which recognizes culturally ... More


International Society—Consent and Custom as Sources of Law

Jason Ralph

in Defending the Society of States: Why America Opposes the International Criminal Court and its Vision of World Society

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199214310
eISBN:
9780191706615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214310.003.0002
Subject:
Political Science, International Relations and Politics

This chapter examines why legal positivism emphasises the importance of sovereign consent and relates it to the pluralist conception of international society introduced in the previous chapter. This ... More


Where There is No Government: Enforcing Property Rights in Common Law Africa

Sandra F. Joireman

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199782482
eISBN:
9780199897209
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199782482.001.0001
Subject:
Political Science, Political Theory

Governments, farmers, homeowners, and academics around the world agree that property rights are important. But what happens when the state fails to enforce them? This book describes how a variety of ... More


Legal Foundations for the Recognition of Customary Law in the Post-Colonial South Pacific

Erika J Techera

in Law and Anthropology: Current Legal Issues Volume 12

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199580910
eISBN:
9780191723025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580910.003.0009
Subject:
Law, Comparative Law

This chapter examines the theoretical bases that may be used to support the formal recognition of customary law, and to illustrate why it should be acknowledged as an important source of law in the ... More


 Customary International Law

Andrew T Guzman

in How International Law Works: A Rational Choice Theory

Published in print:
2008
Published Online:
January 2008
ISBN:
9780195305562
eISBN:
9780199867004
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195305562.003.0005
Subject:
Political Science, International Relations and Politics

This chapter applies the theory of international law (developed earlier in the book) to customary international law. The way in which reputation, retaliation, and reciprocity support a body of less ... More


Prosecution of Human Rights Violations under Customary International Law

Anja Seibert-Fohr

in Prosecuting Serious Human Rights Violations

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.003.0007
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

While the previous part of the book considers treaty law this chapter turns to the question of whether customary international law provides for a duty to prosecute serious human rights violations. It ... More


Weapons and the Law of Armed Conflict

William Boothby

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199569946
eISBN:
9780191705250
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569946.001.0001
Subject:
Law, Public International Law

This book is about the law of armed conflict governing the use of weapons. It interprets these rules and discusses the factors influencing future developments in weapons law. After relating the ... More


The Economics of Lawmaking

Francesco Parisi and Vincy Fon

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195374155
eISBN:
9780199871834
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374155.001.0001
Subject:
Law, Constitutional and Administrative Law

This book explores the relative advantages and limits of alternative sources of law. It views the sources of law through a law and economics lens, and considers the important issue of institutional ... More


National Law and Indigenous Customary Law: The Struggle For Justice Of Indigenous Women In Chiapas, Mexico

R. Aída Hernández Castillo

in Gender Justice, Development, and Rights

Published in print:
2002
Published Online:
January 2005
ISBN:
9780199256457
eISBN:
9780191601989
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256454.003.0012
Subject:
Political Science, Democratization

This chapter examines the ways national law and indigenous customary law respond to the struggle of indigenous women in Chiapas, Mexico for rights within the new macro-political context of ... More


Colonization and the Myth of the Customary

Sandra F. Joireman

in Where There is No Government: Enforcing Property Rights in Common Law Africa

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199782482
eISBN:
9780199897209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199782482.003.0002
Subject:
Political Science, Political Theory

Customary tenure systems control the allocation of land over 75 percent of the land area of Sub-Saharan Africa, bringing with them customary enforcement regimes. This chapter addresses the genesis of ... More


The Evolution of Armed Conflict in the Twentieth Century and the International Legal Response—Towards Convergence

Crawford Emily

in The Treatment of Combatants and Insurgents under the Law of Armed Conflict

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578962
eISBN:
9780191722608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578962.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

The first chapter of this book examines how the traditional legal distinction between international and non-international armed conflict has become, in practice, increasingly blurred through the last ... More


Impact on the Process of the Formation of Customary International Law

Jan Wouters and Cedric Ryngaert

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks at the ‘human rights method’ of ascertaining customary international law, with its emphasis on opinio juris over state practice, with a favourable eye. It argues that while it is ... More


Using Custom to Reconceptualize Crimes Against Humanity

Larissa van den Herik

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the customary international law basis for the development of the definition of crimes against humanity before the ad hoc Tribunals. It argues that the approach taken by the ad ... More


Customary Law and Inherent Rules

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0005
Subject:
Law, Public International Law

Having identified consensual positivism as the basis of international legal reasoning, this chapter examines the consensual basis of customary rules. After identifying opinio juris as an expression ... More


Pitcairn Island Law: A Peculiar Case of the Diffusion of the Common Law

Gordon Woodman

in Justice, Legality and the Rule of Law: Lessons from the Pitcairn Prosecutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199568666
eISBN:
9780191721595
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568666.003.0004
Subject:
Law, Public International Law

This chapter considers some of the difficulties in determining what was the law of Pitcairn at the time the offences were committed and tried. The law of Pitcairn is not necessarily the same as the ... More


Criminal Intent and Spectacular Punishment: The Infiltration of Roman Legal Theory and Practice into French Customary Law

Paul Friedland

in Seeing Justice Done: The Age of Spectacular Capital Punishment in France

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199592692
eISBN:
9780191741852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592692.003.0003
Subject:
History, European Medieval History, European Early Modern History

Although customary and Roman law are often thought of as two entirely different bodies of law, this chapter charts the intrusion of Roman legal concepts—especially malice aforethought and exemplary ... More


Classifying Cultural Rights

Jacob T. Levy

in The Multiculturalism of Fear

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297123
eISBN:
9780191599767
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297122.003.0006
Subject:
Political Science, Political Theory

Cultural rights‐claims and policies of multicultural accommodation are not all of a piece; they are not all, e.g. ‘group rights’ in any meaningful sense. So‐called cultural rights can be ... More


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