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Journal articles on the topic 'Written law'

Author: Grafiati

Published: 19 October 2024

Last updated: 31 July 2025

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1

Bekbaev, Erzat Z. "Origin of written law." RUDN Journal of Law 27, no. 1 (2023): 7–20. http://dx.doi.org/10.22363/2313-2337-2023-27-1-7-20.

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The relevance of the origin of written law issues stems from the need to address pluralism of concepts concerning law origin. Research investigates the issues of the origin of law as a set of rules of conduct fixed by the state in writing and intended for interaction of people between themselves and public authority represented by the state and other persons. In a primitive society the rules of behavior were fixed mainly in oral speech, which forced people to interact usually within the earshot of a person's voice. Oral speech could not be used for constant and everyday interaction between tho

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2

Hölkeskamp, Karl-J. "Written law in archaic Greece." Proceedings of the Cambridge Philological Society 38 (1993): 87–117. http://dx.doi.org/10.1017/s0068673500001632.

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In classical tradition as well as in modern classical scholarship, the emergence of written law and the earliest conception of the very idea of legislation are inseparably connected with mythical figures of almost heroic status: the great ‘arbitrators’ (diallaktai, katartisteres or aisymnetai) and ‘lawgivers’ (nomothetai) allegedly appointed in many Greek cities during the seventh and sixth centuries. According to this tradition, they were men truly wise and just, who were chosen, sometimes from outside the city, to deal with political conflict and social strife, to mediate between hostile fac

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3

Engelhardt, Hanns. "Ecclesiastical Law, written by Mark Hill." Archiv für katholisches Kirchenrecht 187, no. 1 (2021): 301–5. http://dx.doi.org/10.30965/2589045x-1870124.

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4

Grottanelli, Cristiano. "Making Room for the Written Law." History of Religions 33, no. 3 (1994): 246–64. http://dx.doi.org/10.1086/463368.

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5

Queiroz Barboza, Estefânia Maria de, and Katya Kozicki. "Common Law and Civil Law: Convergences Beyond a Written Constitution." Cuestiones Constitucionales Revista Mexicana de Derecho Constitucional 1, no. 40 (2019): 39. http://dx.doi.org/10.22201/iij.24484881e.2019.40.13227.

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Este artículo analiza la convergencia entre los sistemas del common law y civil law en relación con los parámetros de la judicial review, particularmente cuando los principios constitucionales, tanto explícitos como implícitos, funcionan para invalidar leyes ordinarias. También el artículo considera la experiencia canadiense para examinar cómo los no escritos pero implícitos principios constitucionales pueden ser usados para el fin de la judicial review. Y de la misma forma se revisa la teoría de The Invisible Constitution, de Laurence Trible. Finalmente, enfrentamos la cuestión de la Constitu

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6

Rovner, Julie. "Family-planning restrictions written into US law." Lancet 354, no. 9193 (1999): 1886. http://dx.doi.org/10.1016/s0140-6736(05)76857-4.

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7

Markovits, Richard S. "U.S. and E.U. Antitrust Law as Written." Antitrust Bulletin 62, no. 3 (2017): 514–90. http://dx.doi.org/10.1177/0003603x17719763.

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This Article (1) articulates operational definitions of eight possible morally-defensible test of antitrust legality, (2) describes the conduct-coverage of, tests of prima facie illegality promulgated by, and economic-efficiency defenses recognized by U.S. and E.U. antitrust law correctly interpreted as matters of law, (3) delineates the seven most important differences between U.S. and E.U. antitrust law as written and the two most important shared attributes of U.S. and E.U. antitrust law as written, and (4) evaluates the relative and absolute moral desirability of these two antitrust-law re

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8

Bohlander, Michael. "Comparative Criminal Law, written by Albin Eser." International Criminal Law Review 18, no. 4 (2018): 735–38. http://dx.doi.org/10.1163/15718123-01804003.

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9

Fuadi, M. Zulvi Romzul Huda, and Ayon Diniyanto. "Written Quotations and Its Legal Protection: How Indonesian Law Reform on Copyrights Law?" Journal of Law and Legal Reform 3, no. 1 (2022): 1–16. http://dx.doi.org/10.15294/jllr.v3i1.53630.

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Copyright is still on its way to legalizing a lot of homework to be done. One of these jobs is to protect the economic rights of cited sources for commercial use. So far, the copyright law has not specifically regulated this matter. The law does not even protect the economic rights of citation sources quoted for commercial purposes. This study formulates the problem (1) how is the current legal protection regarding copyright for written works? and (2) how the legal protection should be regarding copyrights for excerpts of written works. The aims of this research are (1) to find out the current

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10

Turei, Metiria Stanton. "Tikanga Māori Law is Written in Whakairo Māori." Legalities 4, no. 2 (2024): 177–95. http://dx.doi.org/10.3366/legal.2024.0074.

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The Māori visual language documents Māori law. Māori law lives in whakairo Māori | Māori art. Māori have many sources of law and use aural forms such as whaikōrero | oration, pūrākau | stories, and mōteatea | traditional chants to communicate the Māori legal tradition. Māori legal communication also uses visual forms, separate from the written word. Those visual forms are primarily whakairo | carving, tā moko | tattooing and rāranga | weaving. This article argues that tikanga Māori law is visually documented and discusses the visual law in two of those forms, whakairo and tā moko. This argumen

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11

Strauss, David A. "Constitutions, Written and Otherwise." Law and Philosophy 19, no. 4 (2000): 451. http://dx.doi.org/10.2307/3505078.

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12

Harrison, James. "Whaling and International Law, written by Malgosia Fitzmaurice." International Journal of Marine and Coastal Law 32, no. 1 (2017): 190–92. http://dx.doi.org/10.1163/15718085-12341429.

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13

West-Oram, Peter G. N. "Global Health Law, written by Lawrence O. Gostin." European Journal of Health Law 23, no. 1 (2016): 109–12. http://dx.doi.org/10.1163/15718093-12341386.

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14

Antonov, Mikhail. "Everyday Law in Russia, written by Kathryn Hendley." Review of Central and East European Law 43, no. 1 (2018): 87–98. http://dx.doi.org/10.1163/15730352-04301001.

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15

Couveinhes Matsumoto, Florian. "Philosophy of International Law, written by Anthony Carty." Journal of the History of International Law / Revue d'histoire du droit international 21, no. 1 (2019): 154–59. http://dx.doi.org/10.1163/15718050-12340108.

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16

McKenna, Miriam Bak. "Is International Law International?, written by Anthea Roberts." Nordic Journal of International Law 87, no. 2 (2018): 221–27. http://dx.doi.org/10.1163/15718107-08702003.

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17

Chapman, David M. "Christian Law: Contemporary Principles, written by Norman Doe." Ecclesiology 13, no. 1 (2017): 110–12. http://dx.doi.org/10.1163/17455316-01301009.

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18

Andersen, Minie. "Consumer Protection: The Interaction Between Written and Unwritten Law." European Review of Private Law 29, Issue 4 (2021): 633–58. http://dx.doi.org/10.54648/erpl2021033.

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The scope of consumer protection according to both written and unwritten law is assessed through an analysis of court decisions and decisions of the Consumer Complaints Board in Danish law with references to other Scandinavian law and to EU case law. The article analyses consumer protection in Scandinavian contract law according to general principles of interpretation and statutory law in the form of national legislation implementing Article 5 of Directive 93/13/EEC on unfair terms in consumer contracts. The so-called (larger) general clause of invalidity in the form of section 36 of the relev

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19

Charlesworth, Hilary. "The Art of International Law." Proceedings of the ASIL Annual Meeting 116 (2022): 7–24. http://dx.doi.org/10.1017/amp.2023.31.

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International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”

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20

Saenah, Siti. "TYPES OF EVIDENCE: A COMPARATIVE STUDY BETWEEN ISLAMIC LAW AND CIVIL PROCEDURE LAW." JURISTA: Jurnal Hukum dan Keadilan 4, no. 1 (2020): 70–93. http://dx.doi.org/10.22373/jurista.v4i1.21.

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The writing of this article is to find answers to the main problems, namely how are the types of evidence in Islamic law and civil procedural law and how are the similarities and differences in evidence between Islamic law and civil procedural law. The results of the study, in Islamic law the types of evidence agreed upon by scholars are seven kinds, namely: confession, testimony, oath, nukul, qarinah, qasamah, and recognition of the judge. While in civil procedural law consists of five types, namely: written evidence, witnesses, confessions, suspicion, and oaths. This is because in Islamic la

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21

Scarman. "Why Britain needs a written constitution." Commonwealth Law Bulletin 19, no. 1 (1993): 317–23. http://dx.doi.org/10.1080/03050718.1993.9986267.

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22

ROSNER, BRIAN S. "Written for Our Instruction: The Law as Wisdom in Paul's Ethics." Journal for the Study of Paul and His Letters 3, no. 2 (2013): 129–44. http://dx.doi.org/10.2307/26426455.

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The fact that Paul's letters present both negative critique of the law and positive appropriation of the law is a longstanding puzzle. If believers in Christ are not under the law, how can Paul use the law to regulate Christian conduct? Paul's use of the law for moral teaching is not evidence of inconsistency, nor does it indicate that his abrogation of the law is only partial. Instead, the key to understanding Paul's use of the law for ethics is hermeneutical. When it comes to Christian conduct, rather than reading the law as law, Paul reads it as wisdom for living. Paving the way for Paul's

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23

ROSNER, BRIAN S. "Written for Our Instruction: The Law as Wisdom in Paul's Ethics." Journal for the Study of Paul and His Letters 3, no. 2 (2013): 129–44. http://dx.doi.org/10.2307/jstudpaullett.3.2.0129.

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The fact that Paul's letters present both negative critique of the law and positive appropriation of the law is a longstanding puzzle. If believers in Christ are not under the law, how can Paul use the law to regulate Christian conduct? Paul's use of the law for moral teaching is not evidence of inconsistency, nor does it indicate that his abrogation of the law is only partial. Instead, the key to understanding Paul's use of the law for ethics is hermeneutical. When it comes to Christian conduct, rather than reading the law as law, Paul reads it as wisdom for living. Paving the way for Paul's

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24

Gienapp, Jonathan. "Written Constitutionalism, Past and Present." Law and History Review 39, no. 2 (2021): 321–60. http://dx.doi.org/10.1017/s0738248020000528.

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Debates over constitutional originalism almost always center on meaning. Questions are typically focused, concentrated on the meaning of particular constitutional clauses at the moment of their inception: the Commerce Clause in 1787, the Second Amendment in 1791, or the Fourteenth Amendment in 1868. Given the prevalence of these investigations, theoretical and methodological debates over how to recover original constitutional meaning are concentrated on either the kind of meaning that should be targeted—original public meaning, original intended meaning, or original legal meaning—or how that m

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25

Zoyirova, Dilsuz. "WRITTEN DISCURSIVE COMPETENCE AS A COMPONENT OF FOREIGN LANGUAGE COMMUNICATIVE COMPETENCE OF LAW UNIVERSITY STUDENTS." Jurisprudence 2, no. 3 (2022): 167–75. http://dx.doi.org/10.51788/tsul.jurisprudence.2.3./qheu2634.

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The paper discusses written discursive competence as a main element of foreign language communicative competence of the students of Tashkent State University of Law. Indeed, written discursive competence is the writer’s ability to generate various types of discourse for involvement in written foreign language communication with the intended addressee in order to achieve the desired result, depending on the sociocultural setting and communicative task. Because written discursive competence is a complicated multicomponent phenomenon, its structure distinguishes a number of subcompetences, which

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Widayati, Widayati. "Penegakan Hukum Dalam Negara Hukum Indonesia yang Demokratis." PLEDOI (Jurnal Hukum dan Keadilan) 1, no. 1 (2022): 19–31. http://dx.doi.org/10.56721/pledoi.v1i1.28.

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The State of Indonesia is a state of law, meaning that all citizens and administrators must comply with the applicable laws. Nevertheless, the rule of law is often violated, even by law enforcement officers and lawmakers themselves. Law enforcement in Indonesia is still sharp downwards but blunt upwards. For this reason, it is necessary to improve law enforcement. Improvement in law enforcement can be made by improving the legal system, which includes legal substance, legal structure, and legal culture. In addition, with the concept of a democratic rule of law, law enforcement is not only fixe

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27

Sysoyev, P. V., and V. V. Zavyalov. "Teaching foreign language written legal discourse to law students." Yazyk i kul'tura, no. 41 (March 1, 2018): 308–26. http://dx.doi.org/10.17223/19996195/41/19.

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28

Banner, Stuart. "Written Law and Unwritten Norms in Colonial St. Louis." Law and History Review 14, no. 1 (1996): 33–80. http://dx.doi.org/10.2307/827613.

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The American officials who assumed control of the Louisiana Purchase territory were quite certain about the Spanish legal system they were displacing. “[T]he laws, rules of justice, and the forms of proceeding,” Amos Stoddard reported from St. Louis two weeks after receiving possession of Upper Louisiana on behalf of the United States, “were almost wholly arbitrary—for each successive Lieut. Governor has totally changed or abrogated those established by his predecessor.” Under “the despotism of the Dons,” as Frederick Bates described the preceding four decades of Spanish government in St. Loui

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29

Lustig, Doreen. "Multinational Enterprises and the Law, written by Peter Muchlinski." Journal of World Investment & Trade 23, no. 1 (2022): 153–60. http://dx.doi.org/10.1163/22119000-12340242.

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30

Plastow, Christine. "Democratic Law in Classical Athens, written by Michael Gagarin." Polis: The Journal for Ancient Greek and Roman Political Thought 38, no. 2 (2021): 332–35. http://dx.doi.org/10.1163/20512996-12340329.

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31

Antonov, Mikhail. "Russian Approaches to International Law, written by Lauri Mälksoo." Review of Central and East European Law 40, no. 2 (2015): 205–11. http://dx.doi.org/10.1163/15730352-04002004.

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32

Gottesman, Alex. "Athenian Law and Society, written by Konstantinos A. Kapparis." Polis: The Journal for Ancient Greek and Roman Political Thought 37, no. 2 (2020): 339–43. http://dx.doi.org/10.1163/20512996-12340278.

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33

Gasbarri, Lorenzo. "The Law of International Organisations, written by Nigel White." International Organizations Law Review 14, no. 2 (2017): 431–36. http://dx.doi.org/10.1163/15723747-01402008.

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34

Psarras, Haris. "Philosophy of Law: Introducing Jurisprudence, written by J. Brand." Journal of Moral Philosophy 15, no. 3 (2018): 363–66. http://dx.doi.org/10.1163/17455243-01503002.

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35

Graham, Aaron. "A Theory of Discrimination Law, written by Tarunabh Khaitan." Journal of Moral Philosophy 16, no. 5 (2019): 666–70. http://dx.doi.org/10.1163/17455243-01605003.

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36

Grumett, David. "Theology for International Law, written by Esther D. Reed." Ecclesiology 11, no. 3 (2015): 387–89. http://dx.doi.org/10.1163/17455316-01103014.

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37

Krutzler, Martin. "The language of canon law, written by Judith Hahn." Archiv für katholisches Kirchenrecht 190, no. 2 (2025): 677–80. https://doi.org/10.30965/2589045x-19002016.

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38

Goodrich, Peter. "Traditions of interpretation and the status of the legal text." Legal Studies 6, no. 1 (1986): 53–69. http://dx.doi.org/10.1111/j.1748-121x.1986.tb00337.x.

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The legal tradition is a written tradition and is consequently centred upon the study of textual meanings. From the earliest times law, both religious and secular, has been inscribed and codified, be it chiselled in stone, carved in wood, scratched on vellum or written in books. While the law codes and law books are certainly not the only forms of law they are in historical terms the dominant ones. The law is ideally promulgated in books and is found in books, it being of the historical essence of sacred and secular legal power to take a written form.

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39

Ali, Mahrus. "Mahkamah Konstitusi dan Penafsiran Hukum yang Progresif." Jurnal Konstitusi 7, no. 1 (2016): 067. http://dx.doi.org/10.31078/jk715.

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The main maxim of progressive law is law for human, not human for law. Since stressing to human existence to enforce the law, the progressive law rejects the status quo based on legal positivism, the existence of written legal text containing many weaknesses, and pays more attentions to the role of human behavior. In the context of constitutional court roles as the sole and the highest interpreter of the constitution, the interpretation of progressive law wants the institutional court not strictly rely on the written text, not to use legal positivism as a paradigm in interpreting the law, but

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40

Kusumo, Vonny Kristanti. "Relationship Between Adat Law & National Law on Marriage in Indonesia." Veteran Law Review 6, no. 2 (2023): 252–65. http://dx.doi.org/10.35586/velrev.v6i2.6553.

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Indonesia is an archipelagic country that has a pluralistic society consisting of diverse ethnicities, customs and cultures. Each group lives by using rules nor established good norms written or unwritten and originating from habit Indonesian society or the customs in which it is used to regulate life behavior _ society , which is often referred to as "customary" or "customary law". As a country in the form of a republic , Indonesia is regulated by law in statutory regulations , where these statutory regulations are written laws. To carry out a marriage, for a country and nation like Indonesia

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41

McPherson, Alan. "“Above the Written Law”: Iran-Contra and the Mirage of the Rule of Law." Law and History Review 42, no. 2 (2024): 393–415. http://dx.doi.org/10.1017/s0738248024000063.

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AbstractWhy have scandalous sprees of lawbreaking by U.S. government officials proven so seductive yet so difficult to prosecute? This article takes the Iran-Contra scandal of the Reagan–Bush era as an instructive case study and red flag in the attitudinal erosion of the belief in the rule of law among American conservatives. Before the scandal broke, officials and legal counsels willfully mis-interpreted a clear prohibition to fund counter-revolutionaries and fabricated a post-facto presidential permission in order to sell weapons to Iran without congressional oversight. Congress's assumption

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42

Polanski, Wioletta. "A Mother-in-law / Princess Smiley." TranscUlturAl: A Journal of Translation and Cultural Studies 7, no. 1 (2015): 184. http://dx.doi.org/10.21992/t9vw4h.

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43

Polontoh, Herry, and Frans Reum. "Fiduciary in Civil Law and Bankruptcy Law Perspective." Jurnal Indonesia Sosial Teknologi 5, no. 4 (2024): 1454–63. http://dx.doi.org/10.59141/jist.v5i4.1006.

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The fiduciary gives the creditor the right to pledge his property to the debtor as security for the debt given. In practice, there are often disputes between creditors and debtors related to fiduciaries. This dispute can occur due to various factors, such as the default of the debtor or the bankruptcy of the debtor. The purpose of this study is to identify and analyse the regulation and practice of fiduciaries from the perspective of civil law and bankruptcy law. This study used normative research methods. Data collection techniques are carried out by literature study. The data that has been c

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44

ZINK, JAMES R. "The Language of Liberty and Law: James Wilson on America's Written Constitution." American Political Science Review 103, no. 3 (2009): 442–55. http://dx.doi.org/10.1017/s0003055409990086.

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Although contemporary Americans take it for granted that a “constitution” is a written document, written constitutions were almost unprecedented at America's founding. James Wilson, one of the most significant yet overlooked of America's founders, offers a comprehensive theory of America's written constitution. Wilson argues that the written-ness of the U.S. Constitution serves two essential functions. As an initial matter, it memorializes the primacy of liberty by announcing that the authority of government derives only from a free people. Perhaps more importantly, however, the written consti

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45

Ní Uigín, Renate. "Irish Law Publishing: An Overview." Legal Information Management 11, no. 3 (2011): 191–95. http://dx.doi.org/10.1017/s1472669611000612.

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AbstractThis article, written by Renate Ní Uigín, provides an overview of the Irish law publishing market today. It discusses the nature of Irish law, potential purchasers and the principal publishers.

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46

African, Journal of Humanities and Social Sciences. "Using Baidu Index to Evaluate the Online Attention of Law on the Standard Spoken and Written Chinese Language." African Journal of Humanities and Social Sciences 1, S1 (2024): S14—S25. https://doi.org/10.51483/AFJHSS.1.S1.2024.S14-S25.

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The research is based on Baidu Index tool obtains the search trend and distribution characteristics of the keyword “Law on the Standard Spoken and Written Chinese Language” from January 1, 2011, to March 15, 2024. The study reveals that the public’s attention to it shows regular changes. The search trend remained relatively stable from 2011 to 2016, started to rise in 2017, and reached its peak in September 2023. The audience interested in the “Law on the Standard Spoken and Written Chinese Language” is mainly distributed in regions such as Xinjiang, Inner Mongoli

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47

Purwanto, Aldira Mara Ditta Caesar. "DEVIATIONS AGAINST AWIG-AWIG AS WRITTEN CUSTOMARY LAW IN BALINESE COMMUNITIES." Veteran Justice Journal 1, no. 2 (2020): 68–82. http://dx.doi.org/10.33005/vjj.v1i2.25.

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The application of awig-awig as written customary law which is still used and obeyed by the Balinese people, of course this does not rule out the possibility of deviation. Deviations or violations committed by the Balinese people are generally resolved according to the rules written in awig-awig. The research methodology carried out in this study begins with the identification of a variety of literature related to customary law in terms of problems that occur and challenges that must be faced by the community. Then arranged to come up with the right problem formulation which later can be compr

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48

Purwanto, Aldira Mara Ditta Caesar. "DEVIATIONS AGAINST AWIG-AWIG AS WRITTEN CUSTOMARY LAW IN BALINESE COMMUNITIES." Veteran Justice Journal 1, no. 2 (2020): 68–82. http://dx.doi.org/10.33005/vjj.v1i2.25.

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The application of awig-awig as written customary law which is still used and obeyed by the Balinese people, of course this does not rule out the possibility of deviation. Deviations or violations committed by the Balinese people are generally resolved according to the rules written in awig-awig. The research methodology carried out in this study begins with the identification of a variety of literature related to customary law in terms of problems that occur and challenges that must be faced by the community. Then arranged to come up with the right problem formulation which later can be compr

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49

Fajfrić, Željko. "Emperor Dušan's law code." Glasnik Advokatske komore Vojvodine 71, no. 12 (1999): 67–76. http://dx.doi.org/10.5937/gakv9903067f.

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On the state Council on the 21-st May 1349, Emperor Dušan's Law Code was proclaimed in town Skopje. Without any doubt it is most important Serbian legal document. The author indicates to the written sources of the Serbian medieval law, to the contents and to the influences of the Law Code.

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50

Thomas, Kyle J., Peter A. Collins, and Nicholas P. Lovrich. "An Analysis of Written Conductive Energy Device Policies." Criminal Justice Policy Review 23, no. 4 (2011): 399–426. http://dx.doi.org/10.1177/0887403411412372.

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