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1

Qureshi, M. H. Juridical principles in Islam: A flexible approach. Pakistan Law House, 2009.

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2

Juridical principles in Islam: A flexible approach. Pakistan Law House, 2009.

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3

Mendonça, Juan Carlos. Conocimiento, validez y derogación de normas juridicas: Los principios generales. J.C. Mendonça, 2000.

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4

Ahmad, Hasan. Analogical reasoning in Islamic jurisprudence: A study of the juridical principle of qiyas. Islamic Research Institute, 1986.

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5

The doctrine of Ijma` in Islam: A study of the juridical principle of consensus. Kitab Bhavan, 1992.

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6

Trevor C, Hartley. Part II Jurisdiction, 7 Jurisdiction: General Principles. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0007.

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This chapter deals with the general aspects of jurisdiction. It focuses on Brussels 2012 and Lugano 2007, since Hague is concerned only with one special kind of jurisdiction. It shows that Brussels 2012 and Lugano 2007 are highly structured instruments. They have been carefully designed to provide a system of jurisdiction which enables the EU to function almost as if it were a single juridical unit. Though it has its flaws, it nevertheless constitutes a remarkable intellectual achievement. The discussions cover the theory of jurisdiction, exclusive and non-exclusive jurisdiction, the basic str
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7

Doe, Norman. Canon Law. Edited by Mark Chapman, Sathianathan Clarke, and Martyn Percy. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199218561.013.35.

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The Anglican Communion has recently experienced a sea change in its understanding of and approach to canon law, hitherto a matter lacking worldwide attention amongst Anglicans. Whilst the worldwide Communion has no global system of canon law applicable to its member churches, each church (or Province) is autonomous, with its own system of law and government. These individual legal systems deal with such subjects as government, ministry, doctrine, liturgy and ritual, and church property. However, in recent years there have been key developments. The chapter describes, explains (particularly in
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8

Shemtov, Noam. Licence-Created Monopolies. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198716792.003.0001.

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This chapter examines whether contract law may be used to override or redefine the exceptions and limitations in existing copyright laws with regard to software licences. It shows that right holders favour licensing over sales and use the licensing model to regulate the ability of licensees to utilize functional elements of the software and reverse engineer it. The chapter also explains how the software industry uses technology-based solutions to restrict reverse engineering and reproduction. The principle of the freedom of contract is examined, and the legal principles that may limit its appl
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9

Alexandrowicz, C. H. The Juridical Expression of the Sacred Trust of Civilization (1971). Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198766070.003.0023.

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This chapter examines the principle of the sacred trust of civilization in nineteenth-century international law. The establishment of the principle of the sacred trust of civilization is strictly connected with the transfer by the African communities of their territory, their sovereignty, and their destiny to the European Powers, which, through the relevant transactions, assumed the role of guardians of these communities. The chapter looks at the International Court of Justice’s decision in the second phase of the South West Africa Cases (Ethiopia v. South Africa and Liberia v. South Africa) o
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10

Marcelo, Armas M. 8 Chile. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0008.

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This chapter examines the law of set-off in Chile, both before and after insolvency, as well as the alternatives for contractual set-off structures that may be agreed among two or more parties. In Chile, set-off was created as a legal concept primarily on the basis of practical considerations rather than juridical principles. The right to set-off may arise due to a contractual arrangement between the parties or by the operation of law, including the Chilean Civil Code. The chapter first considers set-off in Chile outside insolvency, focusing on set-off by operation of law and contractual set-o
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11

Sweet, Alec Stone, and Clare Ryan. Beyond Rights Minimalism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.003.0006.

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This chapter focuses on the European Court’s approach to adjudicating the qualified rights: to privacy and family life, and to the freedoms of expression, conscience, and religion. Facilitated by the progressive development of (i) general principles, (ii) iterative dialogues with domestic apex courts, and (iii) consensus analysis, the Court has engaged in majoritarian activism, a strategy that has enabled it to raise standards of protection, and to overcome rights minimalism. Under the tutelage of the Court, the regime has worked to secure the equal juridical status of formerly marginalized or
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12

Alexandrowicz, C. H. Le Droit des Nations aux Indes Orientales Aux XVIE, XVIIE, XVIIIE siècles (1964). Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198766070.003.0007.

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This chapter challenges the projection of nineteenth-century assumptions onto the historical reality of the sixteenth through eighteenth centuries by arguing that the earlier transactions between European and Asian powers took place under the rubric of the law of nations. The classical European authors founded their theories on natural law and considered the family of nations universal, and Europeans acquired territorial rights in Asia in accord with principles of European law, through conquest or treaties of cession. The law of nations in Europe at this time was still in formation, and juridi
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13

Kalmanovitz, Pablo. Early Modern Sources of the Regular War Tradition. Edited by Seth Lazar and Helen Frowe. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199943418.013.2.

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The concept of regular war, like that of just war, belongs to a long-standing intellectual tradition of conceptual articulation, legitimization, and contestation. The defining concern of this tradition has been to institutionalize juridical and conventional means of regulating and limiting the use of armed force. This chapter examines the early modern and Enlightenment accounts of Hugo Grotius, Christian Wolff, and Emer Vattel. In contrast to later legal positivist accounts, these accounts were very keen to provide ethical foundations for their eminently juridical projects. The chapter focusse
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14

Mexico. El marco reglamentario para el cambio: Compilacion juridica de las principales disposiciones administrativas expedidas. Direccion General de Comunicacion Social de la Presidencia de la Republica, 1987.

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15

Los Siete Principios Basicos de La Politica Exterior de Mexico (Serie Doctrina Juridica). Universidad Nacional Autonoma de Mexico, 2005.

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16

Van Schaack, Beth. Imagining Justice for Syria. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190055967.001.0001.

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This book situates the war in Syria within the actual and imagined system of international criminal justice. It explores the legal impediments and diplomatic challenges that have led to the fatal trinity that is Syria: the massive commission of international crimes that are subject to detailed investigations and documentation but whose perpetrators have enjoyed virtually complete impunity. The book tracks a number of accountability solutions to this tragic state of affairs that are being explored within multilateral gatherings, by states, and by civil society actors, including innovations of i
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17

Nomoarquica, principialistica juridica o filosofia y ciencia de los principios generales del derecho - 4.ed. correg. Comlibros, 2010.

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18

Frases Latinas del Derecho Usual: Digesto, Reglas del Derecho, Aforismos Latinos, Principios Juridicos, Locuciones Latinas. Ediciones Libreria del Profesional, 2003.

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19

de Ligt, Luuk. Roman Law, Markets and Market Prices. Edited by Paul J. du Plessis, Clifford Ando, and Kaius Tuori. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198728689.013.48.

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This chapter deals with legal rules and administrative procedures relating to concrete markets. The author’s principle aim is to make sense of a limited number of juridical sources, inscriptions and literary texts referring to applications for the right to hold markets (ius nundinarum) or for the privilege of immunity (immunitas) from market-taxes. Legal rules governing markets in the abstract meaning of the term are a vast topic. Instead of attempting a general study of this type, this chapter focuses on a handful of legal arrangements that made it possible for buyers or sellers to rescind co
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20

Peari, Sagi. Choice Pillar II. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190622305.003.0004.

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This chapter evaluates Friedrich Carl von Savigny’s choice-of-law theory, qualifies and extends it. It shows that CEF’s foundational Choice Pillar does not need to be developed from scratch but rather can be exerted through the process of distillation from Savigny’s argument of its Kantian components. The argument in this chapter proceeds through the following three focal points. First, it elaborates on the main aspects of Kantian legal philosophy and demonstrates their presence within Savigny’s scholarship. Second, it evaluates Savigny’s choice of law organizing principle of “voluntary submis
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21

Lopez-Soro, Jose Arroyo. Plazas de garaje: Comunidades, propietarios, urbanizaciones privadas y conjuntos inmobiliarios : Estudio juridico-practico de sus principales problemas, criterios jurisprudenciales actuales. Dykinson, 1998.

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