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Kritarchy
Kritarchy, also called kritocracy, was the system of rule by Biblical judges (, ) in ancient Israel, started by Moses according to the Book of Exodus, before the establishment of a united monarchy under Saul. Because the name is a compound of the Greek words , ("judge") and , ("to rule"), its colloquial use has expanded to cover rule by judges in the modern sense as well. To contrast such a rule by (modern) judges with the actual form of the 1996 Constitution of the Republic of South Africa, judge Albie Sachs coined the term dikastocracy for it, from ("judge"), rejecting the coinage "juristocracy" for being an admixture of Latin and Greek. The word "jurocracy" has also been used by others. Definitions Contrast to extant system Sachs and others rejected the idea that the Constitutional Court of South Africa, on which he sat, was a dikastocracy; using the name to denote what they asserted the Court not to be. It was used in a 1996 Court opinion that rejected the "horizontal" ...
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Xeer
''Xeer'' (pronounced ) is the traditional legal system of Somalia, Somaliland, Djibouti, Somali Region, and the North Eastern Province in Kenya. One of the three systems from which formal Somali law draws its inspiration, the others being civil law and Islamic law. It is believed to pre-date Islam, although it was influenced by Islam and retains the faith elements, the proceeding under rule pre-date Islam. Under this system, elders, known as the serve as mediator judges and help settle court cases, taking precedent and custom into account. Xeer is polycentric in that different groups within Somali society have different interpretations of xeer. Application of ''xeer'' Somali society is traditionally structured around a patriarchal clan based system, subdivided into sub-clans, then lineages, and finally ''mag'' groupings. These groups are bound together either by family ties or contract. ''Xeer'' justice usually revolves around the latter groups, as these are the smalle ...
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Brehon Law
Early Irish law, historically referred to as (English: Freeman-ism) or (English: Law of Freemen), also called Brehon law, comprised the statutes which governed everyday life in Early Medieval Ireland. They were partially eclipsed by the Norman invasion of 1169, but underwent a resurgence from the 13th until the 17th century, over the majority of the island, and survived into Early Modern Ireland in parallel with English law. Early Irish law was often mixed with Christian influence and juristic innovation. These secular laws existed in parallel, and occasionally in conflict, with canon law throughout the early Christian period. The laws were a civil rather than a criminal code, concerned with the payment of compensation for harm done and the regulation of property, inheritance and contracts; the concept of state-administered punishment for crime was foreign to Ireland's early jurists. They show Ireland in the early medieval period to have been a hierarchical society, taking ...
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Judicial Activism
Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint. The term usually implies that judges make rulings based on their own views rather than on precedent. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers. Etymology Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 ''Fortune'' magazine article titled "The Supreme Court: 1947". The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism," is critical of Schlesinger's use of the term; "Schlesinger's original introduction of judicial activism was doubly blurred: no ...
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Biblical Judges
The biblical judges ''šōp̄êṭ''/''shofet'', pl. ''šōp̄əṭîm''/''shoftim'') are described in the Hebrew Bible, and mostly in the Book of Judges, as people who served roles as military leaders in times of crisis, in the period before an Israelite monarchy was established. Role A cyclical pattern is regularly recounted in the Book of Judges to show the need for the various judges: apostasy of the Israelite people, hardship brought on as punishment from God, crying out to the Lord for rescue. The story of the judges seems to describe successive individuals, each from a different tribe of Israel, described as chosen by God to rescue the people from their enemies and establish justice. While ''judge'' is a literalistic translation of the Hebrew term used in the Masoretic text, the position as described is more one of unelected non-hereditary leadership than that of legal pronouncement. However, Cyrus H. Gordon argued that they may have come from among the hereditary lead ...
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Brown V
Brown is a color. It can be considered a composite color, but it is mainly a darker shade of orange. In the CMYK color model used in printing or painting, brown is usually made by combining the colors orange and black. In the RGB color model used to project colors onto television screens and computer monitors, brown combines red and green. The color brown is seen widely in nature, wood, soil, human hair color, eye color and skin pigmentation. Brown is the color of dark wood or rich soil. According to public opinion surveys in Europe and the United States, brown is the least favorite color of the public; it is often associated with plainness, the rustic, feces, and poverty. More positive associations include baking, warmth, wildlife, and the autumn. Etymology The term is from Old English , in origin for any dusky or dark shade of color. The first recorded use of ''brown'' as a color name in English was in 1000. The Common Germanic adjectives ''*brûnoz and *brûnâ'' meant b ...
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Giudicati Of Sardinia 1
The Judicates (, or in Sardinian, in Latin, or in Italian), in English also referred to as Sardinian Kingdoms, Sardinian Judgedoms or Judicatures, were independent states that took power in Sardinia in the Middle Ages, between the ninth and fifteenth centuries. They were sovereign states with '' summa potestas'', each with a ruler called judge ( in Sardinian), with the powers of a king. Historical causes of the advent of the kingdoms After a relatively brief Vandal occupation (456–534), Sardinia was a province of the Byzantine Empire from 535 until the eighth century. After 705, with the rapid Arab expansion, Saracen pirates from North Africa began to raid the island and encountered no effective opposition by the Byzantine army. In 815, Sardinian ambassadors requested military assistance from the Carolingian Emperor Louis the Pious. In 807, 810–812, and 821–822 the Arabs of Spain and North Africa tried to invade the island but the Sardinians resisted several a ...
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Constitution Of The Philippines
The Constitution of the Philippines ( Filipino: ''Saligang Batas ng Pilipinas'' or ''Konstitusyon ng Pilipinas'', Spanish: ''Constitución de la República de Filipinas'') is the constitution or the supreme law of the Republic of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. Three other constitutions have effectively governed the country in its history: the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. The earliest constitution establishing a "Philippine Republic", the 1899 Malolos Constitution, was never fully implemented throughout the Philippines and did not establish a state that was internationally recognized, due in great part to the eruption of the Philippine–American War. Background of the 1987 Constitution Ruling by decree during the early months of her tenure as a president installed via the People Pow ...
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Redwood Castle
Redwood Castle (also known as ''Egan Castle'' or ''Caislean Choillte Rua'' in Irish) is a Norman castle near Lorrha in County Tipperary, Ireland. The castle was built by the Normans around 1200 AD, and was occupied by them until , when the Mac Aodhagáin (MacEgan, Egan, Keegan) were installed on the lands. As hereditary Brehons or lawyers, the Mac Aodhagáin clan established a school of learning here, which was patronised by the family for several hundred years. The castle was enlarged and renovated several times, with considerable work from 1350. Aside from the original thick stone walls, the building demonstrates some architectural features common to Irish fortifications of the period (including a murder-hole), and some less common features (including a Sheela na gig). The castle remained under continuous occupation and ownership by the (Mac)Egan families until , when it was confiscated and burned at the time of the Cromwellian conquest of Ireland The Cromwellian ...
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Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratics, for example in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was referred to in ancient Roman philosophy by Cicero. References to it are also to be found in the Old and New Testaments of the Bible, and were later expou ...
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George Ayittey
George B. N. Ayittey (13 October 1945 – 28 January 2022) was a Ghanaian economist, author, and president of the Free Africa Foundation in Washington DC. He was a professor at American University, and an associate scholar at the Foreign Policy Research Institute. He championed the argument that "Africa is poor because she is not free," that the primary cause of African poverty is less a result of the oppression and mismanagement by colonial powers, but rather a result of modern oppressive native autocrats and socialist central planning policies. He also went beyond criticism of the ''status quo'' to advocate for specific ways to address the abuses of the past and present; specifically he called for democratic government, debt reexamination, modernized infrastructure, free market economics, and free trade to promote development. Life Ayittey attended Adisadel College for his secondary education and held a B.Sc. in economics from the University of Ghana, Legon, an M.A. from ...
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Michael Van Notten
Marinus Michiel (Michael) van Notten (8 December 1933 in Zeist – 2 June 2002 in Nîmes) was a Dutch lawyer who co-founded the Libertarian Center in the Netherlands, the Institutum Europaeum in Belgium, and wrote a book on Somali customary law. Van Notten graduated from Leiden University in Law and was admitted into practice in Rotterdam. He later served with a New York law firm and directed the Institutum Europaeum, a Brussels-based libertarian policy research organization. In the early 1990s, he became interested in the prospect of Somalia Somalia, , Osmanya script: 𐒈𐒝𐒑𐒛𐒐𐒘𐒕𐒖; ar, الصومال, aṣ-Ṣūmāl officially the Federal Republic of SomaliaThe ''Federal Republic of Somalia'' is the country's name per Article 1 of thProvisional Constituti ... developing in the modern world of a stateless society, and for the next twelve years, he studied Somali customary law. A keen analyst of the intricacies of clan politics, he traveled ...
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