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Dissertations / Theses on the topic 'Concept of law'

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Published: 4 June 2021
Last updated: 2 February 2022

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1

Sypnowich, Christine. "The concept of socialist law." Thesis, University of Oxford, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.329253.

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2

Powles, Julia Elizabeth. "The inventive concept in UK patent law." Thesis, University of Cambridge, 2016. https://www.repository.cam.ac.uk/handle/1810/283979.

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3

Smit, Duijzentkunst Bart Laurens. "The concept of rights in international law." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709316.

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4

Jacobs, Faizel. "Concept and evolvement of Chinese Contract Law." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19740.

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This dissertation discusses the evolvement of Chinese Contractual law and establishes as to whether it converges or has any similarity with any Western legal norms and standards. I will view the recent history and early sources of Chinese law as influenced by political changes and tradition; as well as the influence of international commercial transaction agreements. The formation of a contract, standard terms and modification of contracts and the dissolution and breach in Chinese contracts will be discussed and also whether parties do in fact have the freedom to enter agreements with each oth
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5

Farchakh, Loubna. "The concept of intergenerational equity in international law /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80918.

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The theory of intergenerational equity is closely linked to the notion of sustainable development. It is indeed considered to be one of its aspect. Intergenerational equity can be divided in two facets: the intergenerational component links the present generation to future generations, while the intragenerational aspect imposes, within the same generation, a duty for industrialized countries to help developing countries. The legal status of intergenerational equity appears to be limited because of its qualification as a concept. Therefore, this concept of intergenerational equity belong
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6

Sarigül, Gül. "The evolving concept of sovereignty in air law /." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81474.

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State sovereignty is the basic underlying principle of international law. Like all branches of international law, air law has developed under this principle of sovereignty, leaving the final decision to the consents and political wills of the governments for both their internal and external affairs. In the same vein, the international system is based on the juridical equality of all nations, which are free to participate in all forms of regional and international organizations. However, due to economic and political globalization and the demand for a more efficient international coopera
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7

Jindani, Mohamed. "The concept of dispute resolution in Islamic Law." Thesis, University of Wales Trinity Saint David, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.503608.

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8

Tuerk, Alexander Heinrich. "The concept of legislation in European Community law." Thesis, King's College London (University of London), 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.415269.

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9

Almeida, Marta. "The concept of law as ordinary language philosophy." Thesis, University of Kent, 2016. https://kar.kent.ac.uk/64326/.

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The subject of this thesis is H.L.A. Hart's The Concept of Law. Two main arguments are made, firstly that there is a perspective through which Hart's seminal work can be purposefully read as an exercise in Ordinary Language Philosophy, which will dissolve many of the problems Hart's commentators encounter with his work. Secondly, that Hart's work is an exercise in Ordinary Language Philosophy applied to the problems of general jurisprudence. To effectively demonstrate the arguments, this thesis is divided into three main sections. Section A provides an overview of Ordinary Language Philosophy,
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10

Wang, Yu Xi. "The concept of mixed legal system : a Chinese perspective." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2586420.

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11

Hogan, Adam D. "Leibniz Did Not State Leibniz's Law." Ohio University / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1397054389.

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12

Rainbolt, George Winston. "The concept of rights." Diss., The University of Arizona, 1990. http://hdl.handle.net/10150/185094.

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I argue that one has a right when another has a normative constraint with respect to one. The fact that claims and immunities are the only Hohfeldian elements which constrain another combined with the fact that rights necessarily constrain others gives us reason to think that to have a right is to have either a claim OR an immunity. Hohfeldian elements can be defined in terms of fundamental normative concepts such as obligation and impossibility. This analysis provides a plausible account of liberty and power rights. The analysis also resolves the puzzles surrounding mandatory or obligation ri
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13

Critchlow, Geoffrey Howard Julian. "The concept of arbitration." Thesis, King's College London (University of London), 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340391.

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14

Hebard, Harry D. "Pauline concept of law in the book of Romans." Theological Research Exchange Network (TREN), 1988. http://www.tren.com.

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15

Babb, Corlita Annette. "Rethinking the concept of ultra vires in company law." Thesis, University of Cambridge, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.439121.

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16

Jeutner, Valentin. "The concept of a legal dilemma in international law." Thesis, University of Cambridge, 2016. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709534.

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17

Ragazzi, Maurizio. "The concept of international obligations erga omnes." Thesis, University of Oxford, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.296258.

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18

Strand, Magnus. "The Formal Concept of Discrimination." Thesis, Lunds universitet, Juridiska fakulteten, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-161162.

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According to the Principle of Formal Justice like cases must be treated alike, and different cases must be treated differently. This principle is derived from the Aristotelian concept of distributive justice. Aristotle held that ‘All men agree that what is just in distribution should be according to merit of some sort, but not all men agree as to what that merit should be’. The classical concept of illegal discrimination, in Community law referred to as direct discrimination, seeks to decide what these merits must not be. This is done by declaring disparate treatment on certain grounds, in cer
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19

Offermanns, René. "The entrepreneurship concept in a European comparative tax law perspective /." The Hague [u.a.] : Kluwer Law International, 2002. http://www.gbv.de/dms/spk/sbb/recht/toc/354069314.pdf.

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20

Kimche, Alan Abraham. "The concept of human dignity (Kevod Haberiyot) in Jewish law." Thesis, Birkbeck (University of London), 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.428036.

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21

Tigerstrom, Barbara J. von. "The concept of human security : some implications for international law." Thesis, University of Cambridge, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.423873.

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22

MARTINS, GUILHERME MADEIRA. "THE INTERNAL POINT OF VIEW AND THE CONCEPT OF LAW." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2012. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=21217@1.

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CONSELHO NACIONAL DE DESENVOLVIMENTO CIENTÍFICO E TECNOLÓGICO<br>A presente dissertação é um estudo sobre o conceito do ponto de vista interno, elaborado e aplicado ao direito por H. L. A. Hart no livro O Conceito de Direito. Para tanto, é analisado a relação desse conceito com outros tópicos da teoria hartiana, como: a crítica às teorias baseadas em sanções, a existência de regras sociais, a norma de reconhecimento e a ideia de obrigação jurídica. Com isso, o objetivo é analisar o conceito do ponto de vista interno não de forma isolada, mas relacionada com o contexto geral da obra de Hart.<br
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23

Lodhi, Onees. "The concept of Hijra in Islamic law : a transregional history." Thesis, SOAS, University of London, 2018. http://eprints.soas.ac.uk/30274/.

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24

Jaffar, Zainudin. "The concept and application of ḍamān in Islamic commercial law." Thesis, University of Edinburgh, 1994. http://hdl.handle.net/1842/17552.

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This study deals with an important concept in fiqh known as ḍamān. Despite its universal usage in various areas of law, including that of criminal law and law of torts especially in facilitating award of compensation, this study will confine its survey within the bounds of commercial transactions. Ḍamān forms one of the most complicated subject-matters in the Islamic Law of Obligation. In this context, ḍamān is generally perceived as civil liability in the widest meaning, arising from the non-performance of contractual obligation, violation of trust, misrepresentation and unlawful enrich
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25

Grobler, Daniel Jacques. "The "realisation company" concept in South African income tax law." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/2118.

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The Supreme Court of Appeal has revisited the issue that has attracted the most litigation in South African tax law: whether gains from the disposal of an asset are of a capital or of a revenue nature. In CSARS V Founders Hill (509/10) [2011] ZASCA 66, 73 SATC 183 the court held that „intention‟ is not conclusive in the enquiry and cannot be the litmus test in determining the nature of proceeds from the sale of an asset. This judgement relegates intention to only one of the factors to be considered as it was held that it should be considered objectively whether the taxpayer is actually trading
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26

Madi, Sherif Madi Muhammad. "The concept of unlawful gain and legitimate profit in Islamic law." Thesis, SOAS, University of London, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.282703.

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27

Jachec-Neale, Agnieszka. "The concept of military objective in international law and military practice." Thesis, University of Essex, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.576983.

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This thesis analyses the concept of military objective in international law and in the practice of states. It examines all the components of the definition enshrined in Article 52.2 of the 1977 Additional Protocol I to the four 1949 Geneva Conventions. This involves considering the meaning and interpretation of the terms involved, such as effective contribution to military action and definite military advantage. The thesis also discusses subsequent practice in the application of the treaty. Such practice, in line with the Vienna Convention on the Law of Treaties, assists in the clarification o
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28

Bojosi, Kealeboga N. "International law, colonialism and the concept of indigenous peoples in Africa." Thesis, University of Oxford, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.571607.

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This thesis draws on the conventional narrative that the concept of indigenous peoples developed within the context of the colonial encounter and that the norms that developed within that context aimed at regulating the relations between colonial settlers and the indigenous peoples. However, the thesis argues that international law, guided by colonial imperatives, developed parallel principles and norms to regulate relations between colonial settlers and the natives in different contexts. In territories marked unsuitable for permanent and extensive European settlement, trusteeship and eventual
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29

Noeth, Leandra Veronica. "Common law perspectives on the concept of public trusteeship / Noeth L.V." North-West University, 2011. http://hdl.handle.net/10394/8174.

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Die konsep van staatlike voogdyskap of “public trusteeship” word sedert 1998 gevind in wetgewing wat handel oor die omgewing en natuurlike hulpbronne. Hierdie begrip is nuut in die Suid–Afrikaanse reg. Die navorsingsvraag wat hierdie studie onderlê is of die konsep van “public trusteeship” ontwikkel het uit of enigsins verbind kan word met die gemeenregtelike begrippe res publicae en res omnium communes. Uit die studie word dit duidelik dat res omnium communes daardie sake is wat “aan alle mense toegeskryf word, maar aan niemand behoort nie". Res publicae weer, is 'n kategorie van sake wat aan
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30

Türk, Alexander. "The concept of legislation in European community law : a comparative perspective /." Alphen aan den Rijn : Kluwer law international, 2006. http://catalogue.bnf.fr/ark:/12148/cb402139874.

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31

Shabana, Ayman. "Customary implications in Islamic law the development of the concept of ʻurf in the Islamic legal tradition /". Diss., Restricted to subscribing institutions, 2009. http://proquest.umi.com/pqdweb?did=1905705581&sid=4&Fmt=2&clientId=1564&RQT=309&VName=PQD.

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32

Boyd, Nathaniel. "Hegel's concept of the estates." Thesis, Brunel University, 2015. http://bura.brunel.ac.uk/handle/2438/11121.

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The development of political modernity in Europe entailed a process whereby formerly important political forms increasingly lost significance and were transformed in a long process that led to the separation of individuals from political power, in the distinctive shape of modern (depoliticised) civil society and the state. The thought of G.W.F Hegel (1770–1831), which has fundamentally shaped the modern understanding of these developments, came to its maturity at the most advanced stage of this process, while the French Revolution was transforming the continental world. He thought through this
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33

Rahman, Latiefa (nee Manie). "Defining the concept "Fiduciary Duty" in the South African law of trusts." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7366_1205415700.

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<p>An aspect of the South African law of trusts which has, despite the abovementioned evolution of South African trust law, not been clarified, is the ambit of a trustee's fiduciary duty. This, however, is not only the position in South Africa, but Scotland and, until recently, England as well. It is opined that the &quot<br>fiduciary obligation&quot<br>is a concept in search of a principle. Thus, the aim of the present research was to define this concept in terms of the South African trust law context.</p>
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34

Ehrstedt, Helena, and Maria Alm. "Advance pricing agreements : The concept and its implementation in Swedish tax law." Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Företagsekonomi, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-15079.

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Transfer pricing (TP) has for a long time been an important tax issue, however it is only within the past decade that it has gotten the attention it deserves. This since more and more corporations becomes globalized. When setting a TP within a multinational enterprise (MNE) it is important to consider the arm’s length principle. The reason for this is that all countries, involved in an internal transaction, are entitled to their fair share of tax revenues. The principle implies that when performing a transaction within a MNE, the price used shall be set on the same circumstances as if the tran
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35

Abd, Rahman Zainal Azam Bin. "The concept of Daman and compensation in the Islamic Law of Jinayah." Thesis, University of Birmingham, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.497346.

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36

Arvidsson, Klas. "Re-use of PSI and the undertaking concept in EU competition law." Thesis, Stockholms universitet, Juridiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-101542.

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37

Huapaya, Tapia Ramón. "Concept and Legal Regime of Public Service in the Peruvian Public Law." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/122803.

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The author proposes a review of the different experiences relating to public services of economic content, both nationally and internationally, and then he analyze its concept and legal framework in national law. to this end, he reviews therecent literature on the subject, the constitutional basis and the relevant case law in order to offer his concept of Guarantor state , linked to the role and concept of public service in the peruvian legal system.<br>El autor propone una revisión de las diferentes experiencias relativas a los servicios públicos de contenido económico, tanto a nivel nacional
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38

Strauss, D. F. M. "The normative sense of the concept of law part ii - systematic considerations." Journal for New Generation Sciences, Vol 11, Issue 2: Central University of Technology, Free State, Bloemfontein, 2013. http://hdl.handle.net/11462/640.

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Published Article<br>Modern philosophy left us with an unbridgeable divide between factual reality and the domain of values (normativity). This article first of all analyze modal norms, such as the principle of avoiding what is legally excessive. There are distinct but mutually cohering kinds of laws. The distinction between modal laws / norms and type laws / norms required an example from the domain of human society - John Locke and Adam Smith, whose ideas in practice gave birth to trade unionism and labour parties. The idea of an "invisible hand" (manifest in the "free market") operates with
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39

Kuzmarov, Betina Fay. "The place of unilateral acts in international law : understanding a (non) legal concept." Thesis, University of Hull, 2009. http://hydra.hull.ac.uk/resources/hull:2383.

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This thesis answers the research question, "are unilateral acts legal?" This introduction defines this question by establishing the context and purpose for this study, by expanding on the research question asked, and by explaining the significance of this work. [This text is taken from the introduction to the thesis]
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40

Ketchemin, Eric P. "A comparative analysis of the concept of fiscal jurisdiction in income tax law." Master's thesis, University of Cape Town, 2002. http://hdl.handle.net/11427/11303.

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Bibliography: leaves 324-333.<br>The purpose of this dissertation is to analyse the definitional rules of fiscal jurisdiction as well as the tax consequences resulting from the application of these rules, as implemented in the national tax law of the chosen jurisdictions. In essence, there are two main rules, which give content to the chosen theory of fiscal jurisdiction, mainly source and residence. It is trite that globalisation of the world's economies poses certain problems for international tax policy. Companies and individuals are becoming more mobile and therefore are able to exploit ta
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41

Maniscalco, Lorenzo. "The concept of equity in early-modern European legal scholarship." Thesis, University of Cambridge, 2019. https://www.repository.cam.ac.uk/handle/1810/288545.

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In modern scholarship, the concept of equity is often assimilated with that of Aristotelian epieikeia, a process which serves to correct rules when, though their wording undoubtedly applies to a case, yet the outcome would be unjust, or the legislator would have never wanted the rule to be applied to such a case. My thesis deals with the early-modern origins of the association of equity and epieikeia in legal scholarship, and of its consequences for the doctrinal development of equity in the sixteenth and seventeenth century. I begin by showing that medieval legal writings on equity were almos
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42

Nowak, Lucja Magdalena. "Exploring the limits of the concept of legitimate expectations in investment treaty law : a study in comparative law and the development of international law." Thesis, SOAS, University of London, 2015. http://eprints.soas.ac.uk/20373/.

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This thesis aims to identify more clearly the rationale, the constituent elements and the methodology of the concept of legitimate expectations in the field of investment treaty law. It addresses the problems associated with the concept's development in the application of the standards of fair and equitable treatment and indirect expropriation. The thesis adopts a comparative perspective. More developed legal regimes have been referring to legitimate expectations and to a similar concept of investment- backed expectations. Their experiences can assist in addressing questions about the concept'
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43

Baslar, Kemal. "The concept of the commom heritage of mankind : a challenge for inter-national law." Thesis, University of Nottingham, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.294522.

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44

Groberman, Harvey M. "Protection against self-incrimination and the concept of unfairness in the law of evidence." Thesis, University of Oxford, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.317707.

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45

Othman, Ahmad Azam. "The concept of bankruptcy (al-Iflas) under Islamic law : a comparison with English and Malaysian personal bankruptcy laws." Thesis, University of Wales Trinity Saint David, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.504409.

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46

Hwang, Karina T. "The Procedural Aspect of the Rule of Law: India as a Case Study for Distinguishing Concept from Conception." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/1171.

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In this thesis, the concept of the procedural aspect of the Rule of Law will be distinguished from what I argue are conceptions that are falsely promulgated as concept. The different aspects of the Rule of Law—form, substance, and procedure— are helpful in making the distinction between concept and conception. Examining procedure within the Rule of Law is particularly important, and I define a broader set of requirements of the concept of the procedural aspect of the Rule of Law. This concept is applied to understand the Indian conception of the Rule of Law, a particularly interesting case tha
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47

Miller, D. Bruce. "The concept of juridic personality antecedent to the 1917 Code of canon law." Theological Research Exchange Network (TREN), 1986. http://www.tren.com.

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48

Shah, Amjad Hussain. "The concept of Ijmāʻ in Imāmī Shīʻī Uṣūl Al-Fiqh". Thesis, University of Edinburgh, 2004. http://hdl.handle.net/1842/9428.

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The thesis examines the development of the concept of Ijmāʻ, consensus, in Imāmī-Shīʻī principles of jurisprudence (uṣūl al-fiqh). In the introduction to the thesis there is an analysis of the concept of Ijmāʻ as generally understood in Islamic jurisprudence and a discussion of the approach adopted in the thesis as well as a general outline of the literature involved. The introduction also outlines the background to Imāmī Shīʻī jurisprudence during the time of the presence of the Imāms and the period immediately after the greater occultation of the Twelfth Imām. The main body of
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49

McConnell, William J. "The Concept of law and the state in the philosophy of Herman Dooyeweerd." Theological Research Exchange Network (TREN), 1985. http://www.tren.com.

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50

Capps, Patrick Michael Alan Graham. "The possibility of perpetual peace? : analytical jurisprudence, moral-rationalism and the concept of international law." Thesis, University of Bristol, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.368687.

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