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Journal articles on the topic 'Customary law – Southern States – History'

Author: Grafiati

Published: 27 July 2024

Last updated: 31 July 2025

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1

Abdullah, Abdurisaq Abdurahman. "Legal Basis for Unilateral Secession of Somaliland from Somalia." International Journal of Geopolitics and Governance 2, no. 1 (2023): 55–61. http://dx.doi.org/10.37284/ijgg.2.1.1323.

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This article explores the legal basis for Somaliland’s unilateral secession from Somalia and whether it violates Somalia’s territorial integrity under international law. The article provides a brief history of Somaliland’s original independence and its subsequent union with Somalia. Following the collapse of the Somali government, Somaliland declared its secession from Somalia in 1991, while the southern region plunged into anarchy. The article examines the criteria for state recognition, with Somaliland fulfilling three of the four requirements. The article delves into the principles of self-

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Himonga, Chuma, and Fatimata Diallo. "Decolonisation and Teaching Law in Africa with Special Reference to Living Customary Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (October 30, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a3267.

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The student protests in South African Universities, which started in 2015, demanded the decolonisation of certain aspects of higher education. While the primary demand is free education, issues of the curriculum and transformation connected with the country's history of colonialism and apartheid have also surfaced. In the field of law, demands for curriculum change are accompanied by the broad issue of the decolonisation of law, translating into questions of legal history, the concept of law, the role of law in African societies, the status of indigenous systems of law in the post-independent/

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Aidonojie, Paul Atagamen, and Oaihimire Idemudia Edetalehn. "A FACILE STUDY OF THE STATUTORY CHALLENGES CONCERNING CUSTOMARY PRACTICE OF INTESTATE SUCCESSION IN NIGERIA." JHR (Jurnal Hukum Replik) 11, no. 1 (2023): 1. http://dx.doi.org/10.31000/jhr.v11i1.7552.

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The custom and tradition of Nigeria is an outgrowth from the history of the society. In this regard, customary law emanate from the spirit of the people. However, it has been observe that by the locally made Wills Law of some state in Nigeria, it recognize and preserve the Nigerian’s customary practice of intestate succession. However, the Wills Act of 1837 which applies to all state except state that have enact their wills law, seem to create a limitation on customary intestate succession. It is in this regard, that this study adopts a hybrid method of research in analysing the statutory pres

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Boister, Neil. "A History of Double Criminality in Extradition." Journal of the History of International Law / Revue d'histoire du droit international 25, no. 2 (2023): 218–57. http://dx.doi.org/10.1163/15718050-bja10089.

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Abstract This article sets out the history of double criminality in the law of extradition. It shows how that it only emerged as a legal requirement in the ‘Jay Treaty’, the 1794 treaty between theUSand UK. The article explores how the ‘Jay proviso’, a procedural requirement that the requesting state produce sufficient evidence to satisfy the requested state of the criminality of the requested person, morphed through interaction between common law and civil law states into a substantive requirement that the acts for which extradition is requested be criminal under the laws of both states. The

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Driessen, Bart. "Slav non-citizens in the Baltics." International Journal on Minority and Group Rights 2, no. 2 (1994): 113–37. http://dx.doi.org/10.1163/157181194x00030.

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AbstractThis study argues that customary international law obliges the Baltic states to accept the Slav populations as an integral part of the Baltic peoples. The history and collapse of the Soviet Union has produced large groups of Slav immigrants to remain in the Baltic states. They are not automatically granted citizenship rights in Estonia and Latvia, as they have to prove to qualify for naturalisation. People descending from the inter-War citizenry do ipso facto qualify for citizenship. First the nature of the coming-to-independence of the Baltic states is analysed, after which the law on

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Santuraki, Suleiman Usman. "THE LEGAL FRAMEWORK ON REBELLION AND INSURGENCY IN ISLAMIC LAW AND CUSTOMARY INTERNATIONAL LAW: A REVIEW." Malaysian Journal of Syariah and Law 6, no. 2 (2018): 11–23. http://dx.doi.org/10.33102/mjsl.vol6no2.140.

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Over the years, Muslim countries have been faced with wave of violence mostly related to insurgency or rebellion, leading to loss of lives and property on an unprecedented scale. Interestingly, rebellion and insurgency have a long, controversial, and deeply rooted history in Islam. As such, it is one of the most thoroughly studied and regulated concepts in Islamic law. Other non-Muslim societies too, have faced these kinds of challenges at different stages of their development, underlining the literature on rebellion and insurgency in customary international law. Therefore, from Muslim to non-

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Supriyadi, Supriyadi, Gatot Dwi Hendro Wibowo, Galang Asmara, and Muhaimin. "Application of the Adat Principles Barenti ko Syara', Syara' Barenti ko Kitabullah in Sumbawa Regency." International Journal of Scientific Research and Management 11, no. 04 (2023): 408–10. http://dx.doi.org/10.18535/ijsrm/v11i04.lla2.

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The existence of indigenous peoples has been regulated in Article 18B paragraph (2), which states that the state recognises and respects customary law community units and their traditional rights as long as they are still alive and by development. Society and the principles of the unitary state of the Republic of Indonesia are further regulated in law to provide recognition and respect for customary law communities as a basic concept or pillar of the application of customary law in Indonesia. There is much evidence of traces of the spread of Islam left by their ancestors, both in ancient manus

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Dako, F. X., R. Setyowati, W. Herningtyas, E. Pujiono, I. Budiman, and O. K. Oematan. "Verifying the Existence of Indigenous Peoples using a Socio-spatial Approach: A Case Study of the Boti Tribe, Indonesia." Jurnal Manajemen Hutan Tropika (Journal of Tropical Forest Management) 30, no. 2 (2024): 169–79. http://dx.doi.org/10.7226/jtfm.30.2.169.

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Minister of Home Affairs Regulation Number 52 of 2014 states that the criteria or evidence that must be met for recognition of indigenous peoples are: indigenous history, customary territories, customary law, customary objects, and customary institutions. Using a case study of the Boti Tribe, the oldest ethnic group on Timor Island, this study aims to collect evidence of the existence of indigenous peoples and their customary territories. This research will focus on verifying evidence of the existence of indigenous peoples using a socio-spatial approach. Our findings show that the Boti indigen

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Busari, Jamiu Muhammad, Saheed Afolabi Ashafa та Saheed Abdullahi Busari. "CHALLENGES OF AL-FARĀ’IḌ APPLICATION IN A MULTI-RELIGIOUS SOCIETY: THE CASE OF YORUBA MUSLIMS OF LAGOS AND OYO STATES, SOUTHWESTERN NIGERIA". Jurnal Syariah 32, № 1 (2024): 158–99. https://doi.org/10.22452/syariah.vol32no1.6.

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Yoruba Muslims of Southwestern Nigeria are among the foremost West Africans who had the earliest contact with Islam before the advent of British colonization in the 1850s. By 1775 C.E, Islam had been firmly entrenched in the nooks and crannies of Yorubaland, Southwest Nigeria, where Mosques and Madāris (Islamic Schools) were established to preach and teach the religion. However, with the British intrusion and amalgamation of the then Southern and Northern Protectorates to form a country called Nigeria, the colonialists had submerged all existing legal systems, whether customary or religious, u

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Heinicke, Craig W. "One Step Forward: African-American Married Women in the South, 1950-1960." Journal of Interdisciplinary History 31, no. 1 (2000): 43–62. http://dx.doi.org/10.1162/002219500551488.

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The labor-force participation of African-American married women in the southern United States was increasing during a period of deteriorating labor markets when that of African-American men was decreasing. Although the effect of this development on the African-American family was complex, the trend was certainly a sign of limited progress for these women. The jobs that they were able to acquire were generally better than their customary work since the Civil War, despite the adverse labor-market shocks to which African-American families were subject.

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Gasbarri, Lorenzo. "(Meta) Grotian Moment: International Organizations and the Rapid Formation of Customary International Law." Grotiana 43, no. 1 (2022): 113–32. http://dx.doi.org/10.1163/18760759-43010006.

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Abstract In this paper, I first discuss the concept of ‘Grotian Moment’ in the context of the capacity of international organizations to contribute to the formation and identification of customary international law. Afterward, I apply three levels to discuss the time element of the formation of custom. At the micro-level of the institutional practice, the time required to form a customary norm may depend on whether each form of practice is directed to the institutional or to the international dimension. At the level of the organ, I reflect on the difference played by the presence or absence of

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Silan, Marie-Sophie. "« Aussy avant les filz que les filles, et les filles que les filz » : les droits successoraux des filles de famille dans la coutume de Liège et dans les actes de la pratique du xvie siècle." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 91, no. 1-2 (2023): 115–42. http://dx.doi.org/10.1163/15718190-2023xx08.

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Summary « Aussy avant les filz que les filles, et les filles que les filz » : inheritance rights of daughters according to the custom of Liège and in deeds of the 17th century. – In the 16th century, the customary law of Liège, a middle-sized estate of the Holy Roman Empire governed by a prince-bishop, excluded daughters from inheriting censal property located outside the ‘franchise’ of the states’ cities. However, such property – lands and buildings subjected to cens and annuities (‘cens’ and ‘rentes’) – often constituted a significant part of the parental estate. Aware of the issue, and of t

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Васильєв, Сергій Володимирович. "Courts of customary law in the post-soviet states: history and the current situation." Problems of Legality, no. 131 (January 26, 2016): 15–25. http://dx.doi.org/10.21564/2414-990x.131.55277.

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Gratton, Brian, and Jon Moen. "Immigration, Culture, and Child Labor in the United States, 1880–1920." Journal of Interdisciplinary History 34, no. 3 (2004): 355–91. http://dx.doi.org/10.1162/002219504771997890.

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Alarmed by child labor in factories and mills, Progressive-era reformers criticized immigrants and immigrant cultures for sanctioning exploitation of their young. Neither qualitative nor quantitative appraisals find much evidence that ethnicity had any important effect on the likelihood that a child would work. Relative and absolute poverty were more important influences. Under all conditions, black children were much more likely to work. The use of children as workers, customary in all rural societies including that of the American family farm, reappeared in industrial settings and then quick

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Brown, David. "“To work industriously and steadily”: Frederick Law Olmsted and the Southern Work Ethic Revisited." American Studies in Scandinavia 46, no. 1 (2014): 11–30. http://dx.doi.org/10.22439/asca.v46i1.5148.

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Frederick Law Olmsted is widely admired by historians of the nineteenthcentury United States and generally regarded as the single most important commentator upon slavery and the South. He toured the southern states in the early 1850s and published a series of reports in the New York Daily Times and the New York Daily Tribune. These articles were subsequently revised and compiled into three books, but it was their publication as a single, edited volume, The Cotton Kingdom (1861), which had the greatest impact. This article revisits perhaps the central insight provided by Olmsted: his criticism

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Hoffman, Michael Harris. "The customary law of non-international armed conflict - Evidence from the United States Civil War." International Review of the Red Cross 30, no. 277 (1990): 322–44. http://dx.doi.org/10.1017/s0020860400075756.

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James Surget made no impact on history. He did, however, make an impression on Washington Ford. The latter sued him in 1866 regarding the destruction of 200 bales of cotton.In May 1862, Ford owned a plantation in Mississippi, a state then in rebellion against United States authority. The local commander of rebelling forces ordered his troops to burn all cotton along the Mississippi River that was vulnerable to capture by the United States army. Surget assisted in the destruction of Ford's cotton. Ford sued him to recover for its value.

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Szabla, Christopher. "A New Foundation for Freedom of Movement in an Age of Sovereign Control: The Liberal Jurisprudence of August Wilhelm Heffter." Law and History Review 40, no. 1 (2022): 63–90. http://dx.doi.org/10.1017/s0738248021000596.

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This article addresses how a once influential but now obscure jurist addressed a potential paradox in liberal thought—between democratic control over borders and transnational rights—as it arose in the mid-nineteenth-century, amid advocacy against authoritarianism and for free trade and movement, on the one hand, and the increasing calling into question of natural law theories that may have best facilitated free movement, on the other. While scholarship has increasingly shown how the boundaries between periods of natural law and positivist hegemony are difficult to distinguish, specific tensio

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Гимбатова, М. Б., та М. К. Мусаева. "Виноградарство и виноделие в Дагестане (XVIII – начало ХХ в.): традиционные технологии и аграрная обрядность". Nasledie Vekov, № 1(37) (31 березня 2024): 85–96. http://dx.doi.org/10.36343/sb.2024.37.1.007.

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Целью исследования является выявление зональных особенностей возделывания винограда и его переработки, а также анализ традиционных обрядов, связанных с виноградарством и виноделием. Использованы архивные источники, опубликованные законодательные акты и литературные сведения. Определены способы выращивания винограда, религиозно-магические представления и аграрные культы, связанные со сбором урожая и традициями изготовления домашнего вина. Выявлены правовые коллизии, запрещающие употребление крепких напитков. Установлено, что разведение винограда в Дагестане имеет зональные особенности: в горах

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Ciampi, Annalisa. "Images and Customary International Law, or the Destruction/Construction of International Norms through Images." Pólemos 13, no. 1 (2019): 25–42. http://dx.doi.org/10.1515/pol-2019-0003.

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Abstract This paper explores the power of images vis-à-vis the practice and theory of international law, with a focus on rules of customary international law, i. e. the unwritten general rules of international law, that apply to all states (as well as to non-state actors falling within their scope of application), irrespective of specific acceptance. As Sherwin writes: “We are awash in images.” States, international organizations (IOs), non-governmental organizations (NGOs), insurgents, terrorists and other groups of individuals of all sort, are in the news and our movies, on our TV screens, n

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Chukwu, Ruwhuoma. "A REVIEW OF INTERNATIONAL LAW AND TREATY RELATIONSHIP IN INTERNATIONAL RELATIONS." International Journal of Comparative Studies in International Relations and Development 8, no. 1 (2022): 92–104. http://dx.doi.org/10.48028/iiprds/ijcsird.v8.i1.09.

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This work reviewed the reality of treaty relationship in International relations. As a notable tool in organization and community, law has directed and regulated relation among states especially in their pursuit of interests’ in the International arena. International law has been the rules put in place to guide these relationships. It is International law that has continued to set out principles and frame works that moderates and harmonizes State interests. International law is likened to customary law because it is a product of the conscience of State as there is a general repetition of simil

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Weindl, Andrea. "Grotius's Mare Liberum in the Political Practice of Early-Modern Europe." Grotiana 30, no. 1 (2009): 131–51. http://dx.doi.org/10.1163/016738309x12537002674402.

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AbstractIn this article Mare liberum is placed within the context of seventeenth-century European politics. It focuses on the development of conventional relations between European States regarding their interests outside of Europe and their importance concerning the status of Asian and African 'actors'. It turns out that in spite of Mare liberum's high-sounding proclamation of equality of non-European sovereigns with European States, Grotius's position as well as Dutch policy was inspired by self-interest and was essentially opportunistic. The Dutch Republic – as well as other European States

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Löhnig, Martin. "Zur Stellung des Richters im Frühkonstitutionalismus." TIJDSCHRIFT VOOR RECHTSGESCHIEDENIS 80, no. 3-4 (2012): 427–41. http://dx.doi.org/10.1163/15718190-000a1215.

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The position of judges in the early constitutionalist era. – In the first two decades of the nineteenth century, the Southern German states complete their transition to a largely independent judicial system, which is reflected in the constitutions of the early constitutionalist era. Different lines of development can be seen to converge: the strengthening and establishment of a judicial system uninfluenced by politics in contrast to its former role as governing instrument in the second half of the eighteenth century, German Enlightenment thought and last but not least the strong influence exer

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Syahrin, Muhammad Alvi. "The Principle of Non-Refoulement as Jus Cogens: History, Application, and Exception in International Refugee Law." Journal of Indonesian Legal Studies 6, no. 1 (2021): 53–82. http://dx.doi.org/10.15294/jils.v6i1.43350.

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The existence of the principle of non-refoulement is a necessity and has been institutionalized in the various international legal instruments such as conventions, declarations and in customary international law. Non-refoulement principle is a fundamental concept and considered as the backbone for the entire international refugee legal system. That principle is an international legal norm that has been recognized and affirmed by the international community in multilateral international conventions and other relevant international legal instruments. This principle is very basic in the internati

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Arburim Iseni and Rovena (Vata) Mikeli. "ALBANIAN CUSTOMARY LAW, ANGLO-SAXON LAW AND THE OLD WEST: HANDLING THE LAW ON YOUR OWN." Angloamericanae Journal (AAJ) 8, no. 1 (2023): 50–58. http://dx.doi.org/10.58885/aaj.v8i1.50.ai.

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Customary law in Albania, Anglo-Saxon law, and the legal system that prevailed in the Old West are all examples of legal systems in which individuals were, to a certain extent, expected to manage the law on their own. Customary law in Albania, commonly referred to as Kanun, is an ancient body of laws that has been verbally transmitted from generation to generation for hundreds of years. Under this system, each person was responsible for their own disagreements and was supposed to find a way to resolve them on their own, whether by mediation, negotiation, or even resorting to violence if that w

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Геннадий Геннадиевич, Небратенко, and Безручко Евгений Валерьевич. "CRIMINAL-LEGAL CHARACTERISTICS OF CRIMES AGAINST LIFE AND HEALTH IN COMMON LAW OF DON COSSACKS." NORTH CAUCASUS LEGAL VESTNIK 1, no. 1 (2023): 120–26. http://dx.doi.org/10.22394/2074-7306-2023-1-1-120-126.

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The article examines the criminal law issues of protecting human life and health as an integral part of the history of criminal law, coupled with theoretical and historical legal sciences. The authors consider the types and content of illegal acts, expressed in causing harm to human life and health, criminalized in the customary law of the Don Cossacks. The use of customs to regulate criminal law relations is a universal practice for early feudal states, such as Ancient Russia, as well as regional - for the Russian Empire. As a result, the authors conclude that historical and legal methodology

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Parks, Shoshaunna. "Winning Title to Land but Not to Its Past: The Toledo Maya and Sites of pre-Hispanic Heritage." International Journal of Cultural Property 18, no. 1 (2011): 111–29. http://dx.doi.org/10.1017/s0940739111000063.

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AbstractThe struggle for indigenous rights to pre-Hispanic cultural heritage parallels the struggle for indigenous land rights in Belize. By Belizean law, material objects and sites of activity older than 100 years in age are the property of the state. Similarly, land inhabited by indigenous communities in southern Belize is held in trust by the government. In 2007 the community of Santa Cruz in southern Belize won customary land tenure over their lands for the first time from the Belizean government. This change in land ownership presents new challenges to the definition of ownership of ancie

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Čelkis, Tomas. "Senieji žmonės XIV–XVI a. Lietuvos Didžiosios Kunigaikštystės istorijos šaltiniuose. Kas jie?" Tautosakos darbai 66 (January 26, 2024): 121–34. http://dx.doi.org/10.51554/td.23.66.07.

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Various sources of the Grand Duchy of Lithuania (GDL) from the 14th–16th centuries quite frequently mention the old people. The author proposes a hypothesis that these individuals could have been connoisseurs and custodians of the customary law and the old tradition. They testified in the treaties between the GDL and the neighbouring countries, in which the borders of the states were determined, because, at that time, the “correct” borders were considered those that had been established for a long time, i. e. by the customs. These people tried to remember and indicate these borders. The old pe

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Porath, Nathan. "‘They have not progressed enough’: Development's negated identities among two indigenous peoples (orang asli) in Indonesia and Thailand." Journal of Southeast Asian Studies 41, no. 2 (2010): 267–89. http://dx.doi.org/10.1017/s0022463410000056.

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This paper is ethnographically concerned with two differentorang aslicommunities: the Meniq living in Southern Thailand and the Orang Sakai in Riau, Indonesia. The focus is on the different discursive rhetorics of development in the two nation-states. These rhetorics have been absorbed by the two indigenous groups to form part of their own modern cultural discourses within their respective countries. These rhetorics of development define the indigenous groups as somewhat lacking in culture and provide them with new understandings of themselves that devalue their customary way of life. The post

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Peal, David. "Self-Help and the State: Rural Cooperatives in Imperial Germany." Central European History 21, no. 3 (1988): 244–66. http://dx.doi.org/10.1017/s0008938900012206.

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The consolidation of territorial states in Central Europe undermined the local customs and institutions that had shaped village life since the Middle Ages. By the end of the eighteenth century unitary law codes overrode rural customs. By distinguishing between public and private law, these codes stripped the organized village community of legal substance. Police and judicial functions once performed within the community were assumed by bureaucrats, and the state meddled with the use of local resources by liberalizing marriage and residence laws. Deprived of political autonomy, the village did

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Beyer, Judith, and Felix Girke. "The State of Custom: Gerd Spittler’s “Dispute settlement in the shadow of Leviathan” (1980) today." Zeitschrift für Rechtssoziologie 41, no. 1 (2020): 3–20. http://dx.doi.org/10.1515/zfrs-2021-0002.

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Abstract In our article, we engage with the anthropologist Gerd Spittler’s pathbreaking article “Dispute settlement in the shadow of Leviathan” (1980) in which he strives to integrate the existence of state courts (the eponymous Leviathan’s shadow) in (post-)colonial Africa into the analysis on non-state court legal practices. According to Spittler, it is because of undesirable characteristics inherent in state courts that the disputing parties tended to rather involve mediators than pursue a state court judgment. The less people liked state courts, the more likely they were to (re-)turn to di

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Lasky, Bruce Avery, and Shuvro Prosun Sarker. "Clinical Legal Education and Its Asian Characteristics." Asian Journal of Legal Education 5, no. 1 (2018): 76–87. http://dx.doi.org/10.1177/2322005817750493.

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This article began with a consideration of the history and an evaluation of CLE in the United States, and it now moves on to evaluate the characteristics of CLE in Asia. However, using the term ‘Asian characteristic’ is somewhat amorphous. It can be quite vexing to try to define what is meant by Asia, as it is a broad continent with many nationalities, religions, ethnicities, languages and cultures. The same can be said for Asian legal systems, which possess a mixture of common law, civil law, Sharia law and customary law structures, often with a number of these structures existing within a si

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Benda-Beckmann, Franz von, and Keebet von Benda-Beckmann. "Myths and stereotypes about adat law: A reassessment of Van Vollenhoven in the light of current struggles over adat law in Indonesia." Bijdragen tot de taal-, land- en volkenkunde / Journal of the Humanities and Social Sciences of Southeast Asia 167, no. 2-3 (2011): 167–95. http://dx.doi.org/10.1163/22134379-90003588.

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Recent analyses of the ‘revitalisation of tradition’ have rekindled earlier discussions of the ‘creation of customary law’ in colonial states. For Indonesia, critics have deconstructed a ‘myth of adat’, arguing that adat law was an invention of the adat law scholar Van Vollenhoven and his followers. The assessment of that period also shapes interpretations of developments in Indonesia after 1998. The purpose of this paper is to demonstrate that in some respects the critique of colonial scholarship was misconceived, and that these misconceptions hamper a proper understanding of the current revi

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Kolla, Edward J. "Maritime Intercourse and the Commercial Origins of the Alien Tort Statute." Journal of the History of International Law 18, no. 4 (2016): 395–419. http://dx.doi.org/10.1163/15718050-12340070.

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The Alien Tort Statute (ats) is one of the greatest enigmas of American legal history. Enacted in 1789, it was little used until the late 1970s, when foreigners notably began seeking compensation under its terms for human rights abuses committed around the world. Recently, the us Supreme Court seemed to put an end to this practice – but the ats is still of interest to historians. After the American War of Independence, Great Britain and the United States maintained a robust trade and close economic relationship. Many Americans saw the perpetuation of these ties as essential to the new republic

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Tumurova, Anna. "The Distinction Between Private and Public Law in Relation to Their Genesis." Academic Law Journal 24, no. 4 (2023): 448–56. http://dx.doi.org/10.17150/1819-0928.2023.24(4).448-456.

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The article states the unresolved problem in science of distinction of public and private. For the first time it is proposed to distinct between private and public law on the basis of their social functions at the stage of formation of legal relations in society, from the perspective of the genesis of law. We believe that the reconstruction of the social processes that have led to the formation of the law as a universal regulator of social relations can be performed by means of a retrospective interpretation of customary law norms. Upon that, we proceed from the assumption that specific histor

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Van der Schueren, Falco. "Des clercs qui se mesleront de faire lettres et obligations." Tijdschrift voor Rechtsgeschiedenis 88, no. 3-4 (2020): 392–421. http://dx.doi.org/10.1163/15718190-00880a16.

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Summary During the late Middle Ages, the organisation of voluntary jurisdiction in the customary regions of the Southern Low Countries was strongly determined by local developments. While it thrived in the major bishoprics of Liège and Tournai as well as in the commercial centers of Flanders and Brabant, historiography long assumed that the notary public failed to integrate into society in the rural county of Hainaut. Competition with the more dominant aldermen and comital vassals or hommes de fief supposedly prevented notaries from institutionalising their role as private legal intermediaries

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Pop, Mihaela. "SOME CONSIDERATIONS REGARDING GOOD NEIGHBORLINESS IN INTERNATIONAL LAW." Journal of Law and Administrative Sciences 23 (June 29, 2025): 146–54. https://doi.org/10.51865/jolas.2025.23.14.

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Neighbourliness is based on Public International Law and Customary International Law. The concept of neighbourliness is an ancient term, both geographically and politically, as well as historically undeniable. History demonstrates that no nation or population exists without neighbours, with whom they may have experienced amicable relations or conflicts, misunderstandings, and battles that occasionally escalate into wars. Good neighbourliness in public international law represents an ideal and a fundamental principle that emphasizes the importance of harmonious relations between states, as a ba

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Smith Naro, Nancy Priscilla. "Customary Rightholders and Legal Claimants to Land in Rio de Janeiro, Brazil, 1870-1890." Americas 48, no. 4 (1992): 485–517. http://dx.doi.org/10.2307/1006744.

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The transition from slave to free labor in the Americas involved many and varied forms of internal labor and land adjustments which affected slaves, landless farmers, and large scale producers in rural areas. Unlike Haiti and the United States South, the Brazilian process of emancipation was gradual and did not involve violent structural ruptures with the past. The Land Law of 1850, the Law of the Free Womb of 1871 and the 1885 Sexagenarian Law marked fundamental phases in an ongoing process of state participation in the organization of the free labor market, which culminated in Abolition on 1

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Barber, Rebecca. "AN EXPLORATION OF THE GENERAL ASSEMBLY'S TROUBLED RELATIONSHIP WITH UNILATERAL SANCTIONS." International and Comparative Law Quarterly 70, no. 2 (2021): 343–78. http://dx.doi.org/10.1017/s0020589321000026.

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AbstractThis article seeks to make sense of two seemingly contradictory aspects of the General Assembly's practice: its history of recommending to States that they impose unilateral sanctions; and its series of resolutions denouncing unilateral coercive measures as illegal. It examines the seeming discrepancy between the customary international law position regarding unilateral sanctions, and the position asserted by the Assembly, and argues that on a nuanced reading of the Assembly's resolutions, these positions are not so divergent as is often supposed. The article concludes by examining the

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Chacón, Mario, and Jeffrey Jensen. "Direct Democracy, Constitutional Reform, and Political Inequality in Post-Colonial America." Studies in American Political Development 34, no. 1 (2020): 148–69. http://dx.doi.org/10.1017/s0898588x1900018x.

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The ratification of constitutional changes via referendum is an important mechanism for constraining the influence of elites, particularly when representative institutions are captured. While this electoral device is commonly employed cross-nationally, its use is far from universal. We investigate the uneven adoption of mandatory referendums by examining the divergence between Northern and Southern U.S. states in the post-independence period. We first explore why states in both regions adopted constitutional conventions as the primary mechanism for making revisions to fundamental law, but why

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Xhelilaj, Ermal, and Osman Metalla. "The Fundamental Legal Notion and Codification of the International Law of the Sea." Interdisciplinary Journal of Research and Development 9, no. 1 (2022): 1. http://dx.doi.org/10.56345/ijrdv9n101.

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The development of the public international law of the sea is considered a legal element inseparable from the historical-legal process of the adoption and development of international law in general. Although the basic concepts of general maritime legislation are found in the customary maritime law of ancient Rome and Greece, as well as in the rules of medieval maritime codes created by Hispanic, Italian, and English city-states between the 11th and XVth centuries in Europe, the law of the sea in the contemporary sense of the term, was adopted as a result of interrelations between European sta

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Jenkins, Jeffery A., and Justin Peck. "Building Toward Major Policy Change: Congressional Action on Civil Rights, 1941–1950." Law and History Review 31, no. 1 (2013): 139–98. http://dx.doi.org/10.1017/s0738248012000181.

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The mid-1960s witnessed a landmark change in the area of civil rights policy in the United States. After a series of tortuous internal battles, with Southern legislators using all available procedural tools to maintain their states' discriminatory Jim Crow legal systems, the United States Congress adopted two statutes—the Civil Rights Act of 1964 and the Voting Rights Act of 1965—which insured civil and political equality for all Americans. The Acts of 1964 and 1965 were the culmination of a decade-long struggle by black Americans to secure the citizenship rights that had been denied to them f

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Wahl, Jenny B. "American Slavery and the Path of the Law." Social Science History 20, no. 2 (1996): 281–316. http://dx.doi.org/10.1017/s0145553200021635.

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There is some soul of goodness in things evil,Would men observingly distill it out.— Shakespeare,Henry VFederal and state appellate court reporters for the 15 American slave states and the District of Columbia contain nearly 11,000 cases concerning slaves. In deciding these cases, southern judges formulated doctrines that would later become commonplace in other disputes. In fact, the common law of slavery, whether it concerned the sale, hiring, or accidental injury of a slave, looks far more like modern-day law than like antebellum law. Slave law, in many ways, helped blaze the path of America

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PETROV, I. G. "EXPEDITION RESEARCHES BY R.G. KUZEEV ON THE STUDY OF BASKIR TRIBAL SIGNS IN 1975-1982SS." Izvestia Ufimskogo Nauchnogo Tsentra RAN, no. 3 (September 16, 2022): 94–100. http://dx.doi.org/10.31040/2222-8349-2022-0-3-94-100.

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One of the little-studied documents of the scientific heritage of the outstanding scientist-ethnologist R.G. Kuzeev are his field diaries. They are the result of many years of expedition research by the scientist and cover the period from 1952 to 1982. They contain information concerning ethnogenesis, ethnic history, tribal structure, land use system, customary law, history of settlements, toponymy of Bashkirs. A lot of interesting and valuable things can also be learned in them about Bashkir economic occupations and crafts, settlements, dwellings, decorative and applied arts, historical legen

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Pochekaev, Roman Yu. "The Law of the Mongols as Seen by John of Plano Carpini: Historical Legal Verification." Golden Horde Review 10, no. 1 (2022): 8–31. http://dx.doi.org/10.22378/2313-6197.2022-10-1.8-31.

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Research objectives: The goal of the article is a comparative analysis of information recorded by John of Plano Carpini on Mongolian and Mongol Empire law, along with other sources on the Mongolian law and legal traditions aimed at determining the objectivity of diplomat’s materials and observing the evolution of traditional law of the Mongols. Research materials: Verification is carried out on the basis of the work “The Story of the Mongols Whom We Call the Tartars” by John of Plano Carpini, making comparisons with the corpus of other historical sources, including travelers’ notes and histori

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Pooe, T. K. "Has it Reinvented Iron Law? South Africa’s Social Industrialisation, not Iron Industrialisation." Law and Development Review 11, no. 2 (2018): 467–511. http://dx.doi.org/10.1515/ldr-2018-0027.

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Abstract This paper examines whether the current South African legal framework and subsequent policies post-1994 encourage and have emphatically fostered industrialisation in South Africa primarily and Southern Africa more generally. The primary contention of this paper is that the South African State, unlike fellow Southern African States, has a long history with industrialisation and should have laid the foundations for Southern Africa’s large scale industrialisation trajectory. However, the post-1994 government vision for South Africa has never had a Law and Development philosophy that prio

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Roy, Ben. "A Spatiotemporal Examination of Confederate Monuments in the Former Confederacy." Public Historian 47, no. 2 (2025): 48–76. https://doi.org/10.1525/tph.2025.47.2.48.

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This article examines Confederate monuments, statues, and plaques in the eleven states of the former Confederacy based on the Southern Poverty Law Center’s “Whose Heritage” data. Focusing on commemorative trends over time, this research seeks to undermine certain assumptions about the history of Confederate monuments in the South. First, there is significant variation across the eleven states of the Confederacy. Second, Confederate monuments continued to be dedicated throughout the 1920s and 1930s in some states, and in others, across the twentieth century. Finally, there are more Confederate

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Рафалюк, Елена, and Elena Rafalyuk. "Axiological Approach in International Law." Journal of Russian Law 3, no. 10 (2015): 0. http://dx.doi.org/10.12737/13256.

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The article is devoted to the study of the question of the values of international law, in particular the value of regional integration and cooperation of states. The author analyzes the approaches to the definition of value in terms of the classical approach (“Value as a property of the valued object or as a sample on the basis of which the evaluation shall be made”) and non-classical approach (“The relationship between the object and the statement of what should be an object”). The article discusses the formation of axiology and contribution to its development of R. G. Lotze, V. Windelband,

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Currie, Elliot. "Confronting the North’s South: On Race and Violence in the United States." International Journal for Crime, Justice and Social Democracy 6, no. 1 (2017): 23–34. http://dx.doi.org/10.5204/ijcjsd.v6i1.382.

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More than any other ‘Northern’ country, the United States is distinctive in the degree to which its social, economic, and cultural development has been entwined with the global South from the beginning: and we cannot adequately understand the state of crime and punishment in the US without taking that uniquely ‘Southern’ history into account. In this paper, I sketch some of the dimensions of one crucial reflection of that Southern legacy: the extraordinary racial disparities in the experience of violent death between African-Americans and Whites. These disparities contribute substantially to r

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Daly, Samuel Fury Childs. "The Portable Coup: The Jurisprudence of ‘Revolution’ in Uganda and Nigeria." Law and History Review 39, no. 4 (2021): 737–64. http://dx.doi.org/10.1017/s0738248021000444.

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In the years after independence, former British colonies in eastern and southern Africa struggled to fill the ranks of their judiciaries with African judges. Beginning in the mid-1960s, states including Uganda, Tanzania, and Botswana solved this problem by retaining judges from the Caribbean and West Africa, especially Nigeria. In this same period, a wave of coups brought many independent states under the rule of their militaries (or authoritarian civilian regimes). Foreign judges who had been appointed in the name of pan-African cooperation were tasked with interpreting the laws that soldiers

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Lis, Artur. "Kultura prawna w Polsce przed założeniem Akademii Krakowskiej." Opolskie Studia Administracyjno-Prawne 15, no. 2 (2017): 37–60. http://dx.doi.org/10.25167/osap.1270.

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Culture is a very complex reality of human existence, which is comprehended in its different aspects. By the object of culture they are all products of human activity, events, behaviors ordered in certain examples present in societies in the form of rules of conduct which are determined by customs, morality and legal regulations. The acceptance of Baptism by Mieszko I of Poland in 966 was the turning point in the Polish history. The country of the first Polish Piast was rooted in the culture of the international community of European states. This situation favored the influence of certain righ

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