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Jurisprudential Reception
In the legal theory, reception is chiefly defined as ''the transfer of a legal phenomenon 'of a different legal culture', other area or other period of time 'to a new legal climate'.'' Voluntary reception According to Max Rheinstein term "reception" should preferably be preserved to those situations in which legal phenomena of one legal climate are consciously and willingly adopted into another legal system.{{cite web, url=http://www.legalanthology.ch/globalization/3-contributions/types-of-reception/, title=Types of Reception - The Anthology of Swiss Legal Culture Legal necessity reception Where there is an apparent need for a change of legal system in one culture and another existing culture provides an opportunity to satisfy the need Legal veneration reception Veneration reception is one example which occurs if alien norms, institutes or a whole system is adopted for their venerated position and prestige of cultural background. Imposed legal reception If a legal pheno ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Theory
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barbaric
A barbarian (or savage) is someone who is perceived to be either uncivilized or primitive. The designation is usually applied as a generalization based on a popular stereotype; barbarians can be members of any nation judged by some to be less civilized or orderly (such as a tribal society) but may also be part of a certain "primitive" cultural group (such as nomads) or social class (such as bandits) both within and outside one's own nation. Alternatively, they may instead be admired and romanticised as noble savages. In idiomatic or figurative usage, a "barbarian" may also be an individual reference to a brutal, cruel, warlike, and insensitive person. The term originates from the el, βάρβαρος (''barbaros'' pl. βάρβαροι ''barbaroi''). In Ancient Greece, the Greeks used the term not only towards those who did not speak Greek and follow classical Greek customs, but also towards Greek populations on the fringe of the Greek world with peculiar dialects. In Ancient Ro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reception Statute
A reception statute is a statutory law adopted as a former British colony becomes independent by which the new nation adopts, or receives, the English common law before its independence to the extent not explicitly rejected by the legislative body or constitution of the new nation. Reception statutes generally consider the English common law dating prior to independence, as well as the precedents originating from it, as the default law because of the importance of using an extensive and predictable body of law to govern the conduct of citizens and businesses in a new state. All US states have either implemented reception statutes or adopted the common law by judicial opinion, but there is a special case of partial reception for Louisiana. Initial reception of English common law In ''Commentaries on the Laws of England'', Sir William Blackstone described the process by which English common law followed English colonization: Plantations or colonies, in distant countries, are eith ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Polygamy
Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married to more than one husband at a time, it is called polyandry. In contrast to polygamy, monogamy is marriage consisting of only two parties. Like "monogamy", the term "polygamy" is often used in a ''de facto'' sense, applied regardless of whether a state recognizes the relationship.For the extent to which states can and do recognize potentially and actual polygamous forms as valid, see Conflict of marriage laws. In sociobiology and zoology, researchers use ''polygamy'' in a broad sense to mean any form of multiple mating. Worldwide, different societies variously encourage, accept or outlaw polygamy. In societies which allow or tolerate polygamy, in the vast majority of cases the form accepted is polygyny. According to the ''Ethnographic A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hanging
Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain "hanging". Hanging has been a common method of capital punishment since medieval times, and is the primary execution method in numerous countries and regions. The first known account of execution by hanging was in Homer's ''Odyssey'' (Book XXII). In this specialised meaning of the common word ''hang'', the past and past participle is ''hanged'' instead of ''hung''. Hanging is a common method of suicide in which a person applies a ligature to the neck and brings about unconsciousness and then death by suspension or partial suspension. Methods of judicial hanging T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Decapitation
Decapitation or beheading is the total separation of the head from the body. Such an injury is invariably fatal to humans and most other animals, since it deprives the brain of oxygenated blood, while all other organs are deprived of the involuntary functions that are needed for the body to function. The term ''beheading'' refers to the act of deliberately decapitating a person, either as a means of murder or as an execution; it may be performed with an axe, sword, knife, machete or by mechanical means such as a guillotine or chainsaw. An executioner who carries out executions by beheading is sometimes called a headsman. Accidental decapitation can be the result of an explosion, a car or industrial accident, improperly administered execution by hanging or other violent injury. Suicide by decapitation is rare but not unknown. The national laws of Saudi Arabia, Yemen, and Qatar permit beheading; however, in practice, Saudi Arabia is the only country that continues to behead i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Great Qing Legal Code
The Great Qing Legal Code (or Great Ching Legal Code), also known as the Qing Code (Ching Code) or, in Hong Kong law, as the ''Ta Tsing Leu Lee'' (大清律例), was the legal code of the Qing empire (1644–1912). The code was based on the Ming legal code, the Great Ming Code, which was kept largely intact. Compared to the Ming code which had no more than several hundred statutes and sub-statutes, the Qing code contained 1,907 statutes from over 30 times of revisions between 1644 and 1912. One of the first of these revisions was in 1660, completed by Wei Zhouzuo and Bahana. The Qing code was the last legal code of imperial China. By the end of Qing dynasty, it had been the only legal code enforced in China for nearly 270 years. Even with the fall of imperial Qing in 1912, the Confucian philosophy of social control enshrined in the Qing code remain influential in the German-based system of the Republic of China, and later, the Soviet-based system of the People's Republic of China ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta in South China. With 7.5 million residents of various nationalities in a territory, Hong Kong is one of the most densely populated places in the world. Hong Kong is also a major global financial centre and one of the most developed cities in the world. Hong Kong was established as a colony of the British Empire after the Qing Empire ceded Hong Kong Island from Xin'an County at the end of the First Opium War in 1841 then again in 1842.. The colony expanded to the Kowloon Peninsula in 1860 after the Second Opium War and was further extended when Britain obtained a 99-year lease of the New Territories in 1898... British Hong Kong was occupied by Imperial Japan from 1941 to 1945 during World War II; British administration resume ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Westminster Parliament
The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses Parliamentary sovereignty, legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is Bicameralism, bicameral but has three parts, consisting of the Monarchy of the United Kingdom, sovereign (King-in-Parliament), the House of Lords, and the House of Commons of the United Kingdom, House of Commons (the Parliament Acts 1911 and 1949, primary chamber). In theory, power is officially vested in the Queen-in-Parliament, King-in-Parliament. However, the Crown normally acts on the Advice (constitutional), advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is ''de facto ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in the government. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out. Evolution In most constitutional monarchies, prerogatives can be abolished by Parliament as the courts apply the constitutional near-absolute of the supremacy of Parliament. In the Commonwealth realms this draws on the constitutional statutes at the time of the Glorious Revolution when William III and Mary II were invited to take the throne. In the United Kingdom the remaining powers of the royal prerogative are devolved to the head of the government which for more than two centuries has been the Prime Minister; the benefits, equally, such as m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indirect Rule
Indirect rule was a system of governance used by the British and others to control parts of their colonial empires, particularly in Africa and Asia, which was done through pre-existing indigenous power structures. Indirect rule was used by various colonial rulers: the French in Algeria and Tunisia, the Dutch in the East Indies, the Portuguese in Angola and Mozambique and the Belgians in Rwanda and Burundi. These dependencies were often called "protectorates" or "trucial states". By this system, the day-to-day government and administration of areas both small and large were left in the hands of traditional rulers, who gained prestige and the stability and protection afforded by the Pax Britannica (in the case of British territories), at the cost of losing control of their external affairs, and often of taxation, communications, and other matters, usually with a small number of European "advisors" effectively overseeing the government of large numbers of people spread over extensive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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