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Doctrine Of Reception
In the legal theory, reception is chiefly defined as ''the transfer of a legal phenomenon 'of a different legal culture', other area or other period of time 'to a new legal climate'.'' Voluntary reception According to Max Rheinstein term "reception" should preferably be reserved for those situations in which legal phenomena of one legal climate are consciously and willingly adopted into another legal system.{{cite web, url=http://www.legalanthology.ch/globalization/3-contributions/types-of-reception/, title=Types of Reception - The Anthology of Swiss Legal Culture Legal necessity reception Where there is an apparent need for a change of legal system in one culture and another existing culture provides an opportunity to satisfy the need Legal veneration reception Veneration reception is one example which occurs if alien norms, institutes or a whole system is adopted for their venerated position and prestige of cultural background. Imposed legal reception If a legal phenom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Theory
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy. Modern jurisprudence began in the 18th century and was based on the first principles of natural law, civil law, and the law of nations. Contemporary philosophy of law addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists. Jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered: * Natural law holds that there are rational objective limits ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barbaric
A barbarian is a person or tribe of people that is perceived to be primitive, Savage (pejorative term), savage and warlike. Many cultures have referred to other cultures as barbarians, sometimes out of misunderstanding and sometimes out of prejudice. A "barbarian" may also be an individual reference to an aggressive, brutal, cruel, and insensitive person, particularly one who is also dim-witted, while cultures, customs and practices adopted by peoples and countries perceived to be primitive may be referred to as "barbaric". The term originates from the (; ). In Ancient Greece, the Greeks used the term not only for those who did not speak Greek language, Greek and follow classical Greek customs, but also for Greek populations on the fringe of the Greek world with peculiar dialects. In Ancient Rome, the Romans adapted and applied the term to tribal non-Romans such as the Germanic peoples, Germanics, Celts, Iberians, Helvetii, Thracians, Illyrians, and Sarmatians. In the early ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Terra Nullius
''Terra nullius'' (, plural ''terrae nullius'') is a Latin expression meaning " nobody's land". Since the nineteenth century it has occasionally been used in international law as a principle to justify claims that territory may be acquired by a state's occupation of it. There are currently three territories sometimes claimed to be ''terra nullius'': Bir Tawil (a strip of land between Egypt and the Sudan), four pockets of land near the Danube due to the Croatia–Serbia border dispute, and parts of Antarctica, principally Marie Byrd Land. Doctrine In international law, ''terra nullius'' is territory which belongs to no state. Sovereignty over territory which is ''terra nullius'' can be acquired by any state by occupation. According to Oppenheim: "The only territory which can be the object of occupation is that which does not already belong to another state, whether it is uninhabited, or inhabited by persons whose community is not considered to be a state; for i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reception Statute
A reception statute is a statutory law adopted as a former British colony becomes independent by which the new nation adopts, or receives, the English common law (and in some cases the statute law) before its independence to the extent not explicitly rejected by the legislative body or constitution of the new nation. Reception statutes generally consider the English common law dating prior to independence, as well as the precedents originating from it, as the default law because of the importance of using an extensive and predictable body of law to govern the conduct of citizens and businesses in a new state. All US states have either implemented reception statutes or adopted the common law by judicial opinion, but there is a special case of partial reception for Louisiana. Initial reception of English common law In '' Commentaries on the Laws of England'', Sir William Blackstone described the process by which English common law followed English colonization: In other words, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Polygamy
Polygamy (from Late Greek , "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, it is called polygyny. When a woman is married to more than one husband at the same time, it is called polyandry. In sociobiology and zoology, researchers use ''polygamy'' in a broad sense to mean any form of multiple mating. In contrast to polygamy, monogamy is marriage consisting of only two parties. Like "monogamy", the term "polygamy" is often used in a ''de facto'' sense, applied regardless of whether a State (polity), state recognizes the relationship.For the extent to which states can and do recognize potentially and actual polygamous forms as valid, see Conflict of marriage laws. In many countries, the law only recognises monogamous marriages (a person can only have one spouse, and bigamy is illegal), but adultery is not illegal, leading to a situation of ''de facto'' polygamy being allo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hanging
Hanging is killing a person by suspending them from the neck with a noose or ligature strangulation, ligature. Hanging has been a standard method of capital punishment since the Middle Ages, and has been the primary execution method in numerous countries and regions. The first known account of execution by hanging is in Homer's ''Odyssey''. Hanging is also a Suicide by hanging, method of suicide. Methods of judicial hanging There are numerous methods of hanging in execution that instigate death either by cervical fracture or by Strangling, strangulation. Short drop The short drop is a method of hanging in which the condemned prisoner stands on a raised support, such as a stool, ladder, cart, horse, or other vehicle, with the noose around the neck. The support is then moved away, leaving the person dangling from the rope. Suspended by the neck, the weight of the body tightens the noose around the neck, effecting strangulation and death. Loss of consciousness is typically rapid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Decapitation
Decapitation is the total separation of the head from the body. Such an injury is invariably fatal to humans and all vertebrate animals, since it deprives the brain of oxygenated blood by way of severing through the jugular vein and common carotid artery, while all other organs are deprived of the autonomic nervous system, involuntary functions that are needed for the body to function. The term beheading refers to the act of deliberately decapitating a person, either as a means of murder or as an capital punishment, execution; it may be performed with an axe, sword, or knife, or by mechanical means such as a guillotine. An executioner who carries out executions by beheading is sometimes called a headsman. Accidental decapitation can be the result of an explosion, a car or industrial accident, improperly administered execution by hanging or other violent injury. The national laws of Saudi Arabia and Yemen permit beheading. Under Sharia in Nigeria, Sharia, which exclusively appl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Great Qing Legal Code
The Great Qing Legal Code (or Great Ching Legal Code), also known as the Qing Code (Ching Code) or, in Hong Kong law, as the ''Ta Tsing Leu Lee'' (), was the legal code of the Qing empire (1644–1912). The code was based on the Ming legal code, the , which was kept largely intact. Compared to the Ming Code, which had no more than several hundred statutes and sub-statutes, the Qing Code contained 1,907 statutes across over 30 revisions between 1644 and 1912. One of the earliest of these revisions was in 1660, completed by the Qing official Wei Zhouzuo and the noble Bahana. The Qing Code was the last legal code of Imperial China. By the end of the Qing dynasty, it had been the only legal code enforced in China for nearly 270 years. Even with the fall of the imperial Qing in 1912, the Confucian philosophy of social control enshrined in the Qing Code remained influential in the subsequent German law-based legal system of the Republic of China, and later, the Soviet-based system of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong
Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the world. Hong Kong was established as a colony of the British Empire after the Qing dynasty ceded Hong Kong Island in 1841–1842 as a consequence of losing the First Opium War. The colony expanded to the Kowloon Peninsula in 1860 and was further extended when the United Kingdom obtained a 99-year lease of the New Territories in 1898. Hong Kong was occupied by Japan from 1941 to 1945 during World War II. The territory was handed over from the United Kingdom to China in 1997. Hong Kong maintains separate governing and economic systems from that of mainland China under the principle of one country, two systems. Originally a sparsely populated area of farming and fishing villages,. the territory is now one of the world's most signific ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Westminster Parliament
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign, the House of Lords, and the House of Commons. The three parts acting together to legislate may be described as the King-in-Parliament. The Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation. The House of Commons is the elected lower chamber of Parliament, with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional convention, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Prerogative
The royal prerogative is a body of customary authority, Privilege (law), privilege, and immunity recognised in common law (and sometimes in Civil law (legal system), civil law jurisdictions possessing a monarchy) as belonging to the monarch, sovereign, and which have become widely vested in the government. It is the means by which some of the executive (government), executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out. Evolution In most Constitutional monarchy, constitutional monarchies, prerogatives can be abolished by Parliament under its legislative authority. In the Commonwealth realms, this draws on the constitutional statutes at the time of the Glorious Revolution, when William III of England, William III and Mary II of England, Mary II were invited to take the throne. In the United Kingdom, the remaining powers of the royal prerogative are devolved to the head of the government, whic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
