Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 18 of 18 for “"Legal Methodology"”.
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A perspective on Islamic legal methodology in terms of objectives of law: (a comparative analysis with special reference to English equity and Istihsan)
This study examines the development of Islamic legal methodology in terms of the principles laid down by the Prophet and strictly followed by the companions. These principles manifest an underlying theme or objective for the development of Islamic legal methodology: the law must be interpreted in …
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The Mythic Underpinnings of Originalism: A Rhetorical and Legal Analysis
… despite its presentation as a neutral legal methodology, functions as a mythic narrative rooted in American exceptionalism and reverence for the founding era. While contemporary legal and political conditions differ radically from those of the 18th century, originalist jurists insist on …
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Authority to take adverse employment actions by school boards against K-12 teachers
… field and law field that examined the legal grounds and arguments used in adverse action against K-12 teachers is at a minimal source. Accountability on school systems today and actions needed to reduce when needed led the researcher to develop the following research question: What does …
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Blackshirts and White Wigs: Reflections on Public Order Law and the Political Activism of the British Union of Fascists
… of political activism. This thesis analyses the legal responses of Parliament, the police and the judiciary to interwar British fascism. In addition, by analysing the legal responses to public disorder from before and after the 1930s, it positions the BUF within their wider historical context …
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The Illicit Trade in Cultural Property Online: A Critical Analysis of Legal Frameworks, Gaps and Opportunities
… and speed of access, undermining the existing legal frameworks and enforcement strategies. This thesis examines the legal and evidentiary challenges posed by the expansion of the trade to social media and e-commerce platforms. It investigates why existing international and domestic legal …
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Non-conviction-Based Forfeiture of corruptly acquired assets to promote the right to education in Malawi.
… Using a qualitative doctrinal and socio-legal methodology, the study analyses Malawi’s legal and institutional framework on asset recovery in light of international human rights obligations requiring states to utilise their “maximum available resources” to realise socio-economic rights …
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Adapting domestic regulations to the ILO decent work agenda: a review of Nigeria's non-standard and informal sector.
… this aim, the research employed a doctrinal legal methodology to examine the relevant labour laws, case laws and policy documents to access how well Nigeria's labour framework aligns with the Decent Work Agenda. A comparative analysis of South Africa, India, Germany and the United Kingdom was …
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Power Market Regulatory Structures and Electricity Security of Supply in Ghana
… analysis and the use of comparative legal methodology. The analysis shows that the proper sequencing of institutional designs and their implementation will determine the success of the measures to be taken by policy makers.<br/><br/>The policy implications of these findings suggest …
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A critical evaluation of the development of the prohibition of genocide by the International Court of Justice
… years. Through a mixed doctrinal and socio-legal methodology, the study offers a comprehensive analysis of how the Court's interpretations stemming from its seminal 1951 Advisory Opinion on Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide have impacted …
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CHILDREN: Non-Accidental Death and the Lacuna of Prosecution. A Critical Analysis of the Law Commission's Proposals and a Re-evaluation of the Underlying Case Law
… own terms. In order to do this a strict literal legal methodology will be employed. This is not because of its suitability to meet the social malaise that is the cause of the problem, or because of the fact that it identifies how that problem might be resolved, it is utilised because it is …
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A Social Ontology of the Wage
… their expression in the various concepts the legal system uses to describe the payment made by employers to their workers. For example, the legal concept of the ‘wage’ corresponds closely to the economic idea of the wage as price, and the concept of ‘remuneration’ to the wage as the cost of …
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A Cross-Country Investigation of International Vessel-Source Legislation and Oil Pollution Compliance Practices: The Case of Nigeria and the United States.
… a combination of black-letter approach, socio-legal methodology, comparative analysis, and questionnaires, the project aims to synthesize these methods with case laws and case studies, and apply the framework designed to the two economies. Evidently at the level of international oil tanker …
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Misplaced Methodologies: The Legal Hermeneutics of Muḥammad b. al Ḥasan al-Shaybānῑ (d.189/804)
… was this “unbridled law?” The pre-Shāfian legal culture has largely been considered rudimentary according to the dominant narrative in the field. The story goes on to state that though substantive law (furūʿ) may have matured to a large degree, the systemisation and conceptualisation of a …
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Virtual child pornography – policing fantasy? A critical evaluation of the justifications for the criminalisation of virtual child pornography (VCP)
… as virtual child pornography or VCP) were not illegal to possess. However, after a period of consultation in which the government acknowledged there was no research to suggest actual harm caused as a result of such images, only potential harm, these fantasy images became subject to legal sanction …
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Imóveis urbanos abandonados: a responsabilidade do prefeito pela não arrecadação
… either do not know or fail to apply the legal mechanism of asset collection (arrecadação) to formally declare state ownership and enable the registration of these properties. From this observation, the following research question arises: can the mayor be held liable for omission or for …
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The intersection between the Islamic law of inheritance and the South African law of succession
… laws in their wills and estates. A socio-legal methodology was adopted to study Islamic inheritance laws as they occur in practice. Empirical research was conducted in the Cape Town metropole area of the Western Cape as it has the largest, oldest, and most established Muslim community in …
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FORCED DISPLACEMENT IN INTERNATIONAL CRIMINAL LAW
… within international criminal law. Existing legal scholarship has either approached the subject from a wider human rights perspective or tended to focus on specific political, historical or geographical contexts, rather than on displacement as a category of international crimes. This thesis …
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El caso de Mateo Alemán: La interaccion entre el derecho y la literatura en el informe de la mina de mercurio de Almaden y <i>El Guzman de Alfarache</i>
… Guzmán de Alfarache. </em></p> <p>Alemán’s legal Report, finally found and published in 1966 by Germán Bleiberg, is a narrative text with its own literary identity. The text is an example of the practical application of the new legal methodology prompted by the movement Law and Literature, …