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 20 of 22 for “"legal tradition"”.
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THE FORGING OF CASTILIAN LAW: LAND DISPUTES BEFORE THE ROYAL AUDIENCIA AND THE TRANSMISSION OF A LEGAL TRADITION
<p>The study of legal history has attracted scholars who have surveyed legal writings and their development over time as a body of literature. Others have taken this further by analyzing how the principles contained in these legal writings have been applied, by attempting to analyze cases with …
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Against the Backdrop of Sovereignty and Absolutism: The Theology of God's Power and Its Bearing on the Western Legal Tradition, 1100-1600
… theology to the freshly emerging proceedings of legal analysis. Here, based on the distinction between potentia Dei absoluta and ordinata (God's absolute and ordered power), late-mediaeval lawyers worked out a new terminology to define the extent of the power-holder's authority. This effort would …
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Essays on Committee Decision Making
… differences between common law and civil law legal traditions. Although it becomes harder to draw a clear line between the two legal traditions, identifying differences can be done at least in theory. We review the economic literature that has modeled and studied these features. Lastly, we …
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A ROMAN LAW PERSPECTIVE ON SUPERVENING EVENTS IN CHINESE CONTRACT LAW
… is situated within the "Schipani School", a legal research school of thought that emerged in the late 1980s following China’s legal and economic opening. It examines the evolution of force majeure and the doctrine of change of circumstances in Chinese civil law, tracing their conceptual roots …
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Is UK surveillance law suitable for the digital age?
… that continues to be relevant and worthy of legal protection in the digital age. It is argued that the legal tradition needs to engage more fully with other disciplines, particularly surveillance studies, to ensure that expectations of privacy within the digital age are properly reflected, …
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Regole di validità e regole di responsabilità nel diritto privato
… between them by virtue of a now-rooted legal tradition. Following this principle, the invalidity of the contract is not due to the violation of a behavioural rule (rule of conduct), whether it occurs in the form of the nullity or the possibility of annulment. In the second part, what …
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Political Debate in the Age of Justinian I
… of the period, a political debate about Roman tradition and a culture war about classical and Christian culture, and the régime’s strategic need to navigate them. Chapter Two remodels the operation of Justinian’s propaganda as an ecosystem in which a devolved network of propagandists amplified …
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A History in the Making: Muslim Sexual and Gender Diversity between International Human Rights Law and Islamic Law
… critical - and parallel - examinations of the legal, social and political genealogies of human rights law and the Islamic legal tradition, as they relate to human sexual and gender difference, can reveal some salient patterns of insurrectionary vernacular discursive practices. It is, moreover, …
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Equal before Allah, unequal before man? : negotiating gender hierarchies in Islam and international law
… nature of women's human rights in the Islamic tradition. It has been argued that women's human rights in Islam are not entirely irreconcilable with current formulations of international human rights instruments emanating from the United Nations. The basic premise of the argument stems from a …
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Savivaldybių sudaromos civilinės sutartys (kontraktai): teorinės ir praktinės problemos /
… the participation of Local Government in private legal relationship. The concept of the participation of Local Government in private legal relationship, based on representation of public interests (these interests reflect the local community), shall not be clarified as the invention of recent …
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The Human Rights Act 1998: A Bill of Rights for Britain?
… of Bills of Rights in comparison to the traditional UK approach towards human rights protection, arguing that a compromise between the two positions exists in the form of third wave Bills of Rights; a model which increases the power of the judiciary whilst still preserving parliamentary …
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Ireland’s criminal justice system and its response to victims of crime with intellectual disabilities: adversarial procedure on trial
… analysing the evolution of the adversarial legal tradition, it interrogates the epistemic values which have traditionally been at the heart of Ireland’s criminal justice narrative. Commencing with an analysis of the victim-led machinery of 18th century justice, the thesis details the …
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Religious institutions and associational freedom in U.S. Supreme Court jurisprudence.
… rights of religious institutions in the American legal tradition. I analyze the Supreme Court's treatment not only of houses of worship, but of religious non-profits, schools, businesses, and student groups at public universities as well. I argue that the protection of religious institutions …
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Collective Duties (farḍ Kifāya) In Islamic Law: The Moral Community, State Authority And Ethical Speculation In The Premodern Period
This dissertation studies a unique subset of legal obligations in Islamic law known as “collective duties” (farḍ kifāya) and focuses on juristic writing in the premodern period between the 9th and 14th centuries C.E. Together with the more widely recognized “individual obligations” (farḍ ʿayn), …
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LA TUTELA DELL¿ACQUIRENTE DI OPERE D¿ARTE: UNO STUDIO DI DIRITTO COMPARATO
… alcuni dei principali ordinamenti della Western Legal Tradition – Italia, Francia, Regno Unito e Stati Uniti – individuati sulla base della loro rilevanza storica, normativa e operativa nel panorama internazionale dell’arte, con l’obiettivo di restituire una rappresentazione fedele e una …
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Pious Critique: Abū Isḥāq al-Shīrāzī and the 11th Century Practice of Juristic Disputation (Munāẓara)
… Jurists debated each other on contentious legal issues (al-khilāf): one jurist would adopt a thesis and try to defend it in the face of his opponent’s objections. They structured their practice around the boundaries of school affiliation and hierarchies. They debated those of equal rank and …
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On the Inquisitorial Spectrum : The Story of Comparative Criminal Procedure
… stands at the intersection of comparative law, legal history, and criminal procedure. It goes beyond merely comparing procedural similarities and differences between legal systems, by proceeding to identify those phenomena and examining them through the broader interdisciplinary lenses of …
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Scaffold Fiction: Execution and Eighteenth-Century British Literature
… to wring our compassion, or to examine the legal value of the individual resulted in a new type of literature that I call scaffold fiction, a genre that persists to this day. Representations of execution in eighteenth-century tragedy, in Gothic narratives, and in novels of sensibility …
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Firm failure processes and determinants of failure in EU countries and UK regions: a quantitative analysis of SMEs.
… to failure. So are the age of the firm, the legal tradition of the country, the levels of business growth and the intensity of competition due to new business entrants in an area and the geographical location of firms. There are a number of contributions that this thesis makes to the …
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Post-Conflict Justice and Legal Traditions: A New Conceptual Framework
… peace are limited. This study proposes domestic legal traditions as an explanatory factor influencing the pursuit of post-conflict justice. More specifically, I expect to find that states have preferred, or congruent post-conflict justice mechanisms based on their domestic legal traditions. To …
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