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 24 for “"legal traditions"”.
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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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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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Exploring Legal Multiculturalism in the Irish Sea: Multiculturalism, Proto-Democracy, and State Formation on the Isle of Man from 900-1300
… I express the desire to ascertain how legal multiculturalism on the Isle of Man could be viewed as a product of the shared proto-democratic character of the Irish and the Norse legal traditions. Further, I wish to explore how this multiculturalism influenced the development of the state …
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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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Water is country, country is culture: the translation of Indigenous relationships to water into law
… As such these norms form the basis of the legal traditions of the Canning Basin groups, providing a normalising authority for judging water access and use. The modes of cultural validation within the Canning Basin are reflected in the language, laws and customs of the Karajarri, Nyikina and …
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Kwayeskastasowin ᒃᐗᔦᔅᑲᔅᑕᓱᐎᓐ (Setting Things Right): Cree Pathways to Modernizing Treaty 9
… for treaty renewal by bridging Indigenous legal traditions, wahkohtowin, kaapimaacihkaawaatisiwin, and minopimaatisiiwin, with Canadian constitutional jurisprudence, legal pluralism, UNDRIP and FPIC standards, and comparative governance models. Its original contribution is the Treaty …
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L'intelligenza artificiale come nuova frontiera dei diritti fondamentali
… development and the ethical, philosophical and legal debate about it. The second part analyses the impact of AI on the rights recognised by the Italian Constitution and the other main legal traditions based on the rule of law, focusing in particular on the protection of personal identity, the …
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A critical analysis of the judicial attitude to the right to culture in the context of African customary laws
… of law, the former is subordinated to Western legal standards in judicial decision-making. The research traces the historical marginalisation of African customary law through colonialism and apartheid and ongoing challenges in the post-1994 democratic dispensation. It explores how judges, …
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Development of Subsidiarity via Civil and Common Law Jurisprudential Epistemology
… the EU.</p> <p>Due to the facts that 1) the EU's legal traditions are heavily influenced by both the civil and common law traditions, 2) both of these traditions advocate the use of established jurisprudential methodologies to interpret ambiguities, and 3) subsidiarity can reasonably be classified …
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Causation in private enforcement of competition law: a comparative analysis of divergent national approaches
… of causations, which are deeply rooted in their legal traditions. This thesis first addresses the concept of causation in competition law damages actions, discussing the main and more relevant approaches in tort law theory. Therefore, it describes the different solutions for the assessment of …
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Systematizing God's Law: Rabbanite Jurisprudence In The Islamic World From The Tenth To The Thirteenth Centuries
… sought to impose a coherent structure on their legal traditions that would be compatible with larger theological, philosophical, and epistemological ideas. By subjecting Rabbanite legal theory to diachronic and synchronic analysis, this dissertation demonstrates that Rabbanites were involved in …
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Realism and idealism in the harmonization of contract law in the European Union
… European Commission and by journals devoted to legal integration. The impact of decisions of the Court of Justice of the European Union in 2000 and 2006, however, ensured that only a modest proposal, as distinct from a European Civil Code, would be put forward. The Common European Sales Law, an …
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A comparative analysis of corporate insolvency laws: what is is the best option for Kenya?
… modern businesses and to consider what, if any, legal reforms might be desirable to better achieve this end. The study commences from a conceptual approach to the legal concepts of corporate insolvency laws then attempts to understand the justification for the existence and role of insolvency law …
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Effectiveness of protection for reputed marks in the European Union /
… part of the dissertation reveals that national legal traditions and closely related fields of law (such as unfair competition rules) do have a strong effect on the practical applicability of EU rules on reputed marks at the national level. However, in spite of the differences, some communalities …
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Piercing the Corporate Veil: Exploring Legal Implications and Corporate Accountability
… in South Africa may disregard the separate legal personality of a company and hold the shareholders or directors accountable for the company's actions. The corporate veil is a fundamental principle that shields individual shareholders from personal liability for the actions of a corporation. …
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Arrest of ships in Germany and South Africa - a comparison
The well-known German legal author H-J Puttfarken prefaces his remarks on the arrest of a vessel with the striking sentence "The arrest of a vessel is just as much a part of seafaring as distress, pirates and congested ports". Even if this comparison is doubtful since in opposition to an arrest, …
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The regulatory function of contract law: A comparative law and economics approach
… for a meaningful comparison across the different legal traditions. Since economic theory has advanced most in the study of incentives generated by damages, the third chapter focuses on the latter remedy and shows that the common law classification of damage measures (expectation, reliance, …
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Reconciling the Constitutional Order: Positing a New Approach to the Development of Indigenous Self-Government and Indigenous Law
… protection of distinct Indigenous political and legal institutions. Because they are exercising a continuing sovereignty, rather than an aboriginal right as that term is currently understood under section 35, Indigenous peoples also need not return to traditional forms of governance in their …
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PCAOB INTERNATIONAL INSPECTION AND AUDIT QUALITY
… with local authorities, in countries where legal traditions follow common law, and for clients of Big 4 auditors.
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International criminal court, surrender of accused persons and transfer of criminal proceedings
… specialis character of ICC norms and domestic legal regimes. Varying and frequently inconsistent degrees of international and national compliance with international criminal law due to the multiplicity of legal regimes are scrutinised by analysing the relationship between national and ICC …
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