Sentences with phrase «common law tradition of»

Not exact matches

The Americans» tactical error in the recent debate was to appropriate the Declaration's language of natural law and assimilate it to the «British tradition of the common law,» when the truth is the other way around.

Less polemically but still in the Enlightenment tradition, Montesquieu used the example of the reducciones in his Spirit of the Laws to work through questions about the common good and the role of the state in procuring human happiness.

The term culture refers to the entire complex of customs, laws, institutions, beliefs, values, traditions, and artifacts that constitute the common man - made environment of a group of people.

Speaking in Westminster Hall in 2010, Pope Benedict XVI spoke movingly about Britain's heritage of constitutional government: «Your common law tradition serves as the basis of legal systems in many parts of the world, and your particular vision of the respective remains an inspiration to many across the globe».

The other tradition — rooted in Judeo - Christian practice transmitted through Roman, medieval and common law, then through European philosophy to the American Constitution — stresses what E. J. Corwin has called «the higher law background» of our legal tradition.

17 Sept To Representatives of British Society in Westminster Hall: Allow me also to express my esteem for [your] Parliament... your common law tradition [etc., etc.]... Yet... if the moral principles underpinning the democratic process are themselves determined by nothing more solid than social consensus, then the fragility of the process becomes all too evident... [e.g. the credit crunch lacked] solid ethical foundations... [whereas the British - inspired] abolition of the slave trade [did not].

Taking a page out of the First Things playbook, Jackson urges Muslim Americans to «articulate the practical benefits of the rules of Islamic law in terms that gain them recognition by society at large,» something that can be done by drawing on the Islamic tradition of practical reasoning that has family resemblances to the Catholic use of natural law and Protestant analysis of «common grace.»

BTW: Natural law political theory, English common law, all of western tradition of course are heavily influenced by Christianity.

Nevertheless the Christian doctrine of the relation between the ethics of Law and Grace, the Hindu concept of paramarthika and vyavaharika realms, the Islamic concept of shariat law versus the transcendent law, and the equivalent ones in secular ideologies like the Marxist idea of the present morality of class - war leading to the necessary love of the class-less society of the future need to be brought into the inter-faith dialogue to build up a common democratic political ethic for maintaining order and freedom with the continued struggle for social justice, and also a common civil morality within which diverse peoples may renew their different traditions of civil codLaw and Grace, the Hindu concept of paramarthika and vyavaharika realms, the Islamic concept of shariat law versus the transcendent law, and the equivalent ones in secular ideologies like the Marxist idea of the present morality of class - war leading to the necessary love of the class-less society of the future need to be brought into the inter-faith dialogue to build up a common democratic political ethic for maintaining order and freedom with the continued struggle for social justice, and also a common civil morality within which diverse peoples may renew their different traditions of civil codlaw versus the transcendent law, and the equivalent ones in secular ideologies like the Marxist idea of the present morality of class - war leading to the necessary love of the class-less society of the future need to be brought into the inter-faith dialogue to build up a common democratic political ethic for maintaining order and freedom with the continued struggle for social justice, and also a common civil morality within which diverse peoples may renew their different traditions of civil codlaw, and the equivalent ones in secular ideologies like the Marxist idea of the present morality of class - war leading to the necessary love of the class-less society of the future need to be brought into the inter-faith dialogue to build up a common democratic political ethic for maintaining order and freedom with the continued struggle for social justice, and also a common civil morality within which diverse peoples may renew their different traditions of civil codes.

In so doing it left legal systems, especially the common law tradition, the task of formulating a new religion, so to speak.

Common law traditions are found in the background of one or two, and modern - day colonialism existed in two or three, but neither attribute characterizes all four.

For example, coroners being elected was a tradition not just from early days of USA, but actually from English common law:

curated by David Hunt 2005 NAPOLI PRESENTE Posizioni e Prospettive dell - Arte Contemporarea, PAN Contemporary Art Museum, Naples Italy (Oct) Wish, COCA Center of Contemporary Art, Seattle WA (Sept) Only Skin Deep: Chancing Visions of the American Self, San Diego Museum of Art and Museum of Photographic Arts, CA, curated by Coco Fusco (catalogue) Crossings: 10 artists from Kaohsiung & Chicago Chicago Cultural Center (July), Museum of Fine Art, Kaohsiung, Taiwan (Nov), co-curated by Greg Knight & Tseng Fangling International Biennale of Contemporary Art 2005, Prague (May - Sept) In Search of a Continuous Present curated by Lynne Warren, MCA Chicago Not Too Loose and Not Too Tight, DCKT Contemporary, New York 2004 Only Skin Deep: Chancing Visions of the American Self, Seattle Art Museum, WA curated by Coco Fusco (catalogue) A Perfect Union... More or Less, Renaissance Society at the University of Chicago curated by Hamza Walker About Face: Photographic Portraits from the Collection, Art Institute of Chicago Common Ground: Discovering Community in 150 Years of Art, Corcoran Museum of Art, Washington, DC Inside Out: Portrait Photographs from the Permanent Collection, Whitney Museum, NY The Perfect Number, 404contemporanea, Naples, Italy 2003 Only Skin Deep: Chancing Visions of the American Self, ICP New York curated by Coco Fusco (catalogue) The Squared Circle: Boxing in Contemporary Art, Walker Art Center Minneapolis curated by Olukemi Ilesanmi A Century of Collection: African American Art, Art Institute of Chicago curated by Daniel Schulman 2002 Manumission Papers, Sunrise Museum, Charleston, WV Cut, Pulled, Colored, and Burnt, Hyde Park Art Center, Chicago, IL curated by Michael Rooks 2001 Freestyle, Studio Museum in Harlem, NY curated by Thelma Golden Bastard (son of hot sauce), Law Office, Chicago IL Musings: Contemporizing Tradition Gallery 312, Chicago, IL curated by Kathryn Hixson and Nathan Mason 2000 A Decade of Acquisitions, Detroit Institute of Arts, Detroit, MI 1999 Seeing In the Dark, G.R. N'Namdi Gallery, Birmingham, MI, Chicago, IL New Artists, Old Techniques, Schneider Gallery, Chicago, IL

Hints of Justice Gorsuch's judicial philosophy emerged in Artis v. District of Columbia, No. 16 - 460, where, dissenting, he implored the majority to consider the «original reasons» and «rich common law... tradition» behind a statutory tolling provision.

As the son of one of Josephine County's most distinguished lawyers, Lynn was raised in the law and continues his father's tradition of integrity and common sense.

Essentially, the national court asks whether Simmenthal II applies to the ECHR now that article 6 (3) TEU states that «Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law».

We hope that in addition to teaching about the common law and the civil law, we hope students will also understand that there's a basket of legal indigenous traditions across the land.»

Speaking in generalities and conscious of the many exceptions to weaken the statement, for the most part, Wolters Kluwer comes from and is most comfortable in the European, multi-lingual, Civil Law tradition while Thomson Reuters and LexisNexis are happier in that of the English - speaking, Common Law world.

In this respect, he immediately excludes the relevance of national law and practices (Art. 52 (6) CFREU) and of the constitutional traditions common to the Member States (Art. 52 (4) CFREU) for the purpose of the interpretation of Article 50 CFREU with regard to the combination of administrative and criminal sanctions.

In the article, A Copyright Conundrum: Protecting Email Privacy, Ned Snow, assistant professor at the University of Arkansas School of Law, finds a 250 - year - old common law tradition granting copyright protection to authors of personal correspondenLaw, finds a 250 - year - old common law tradition granting copyright protection to authors of personal correspondenlaw tradition granting copyright protection to authors of personal correspondence.

In her paper «Indigenous Legal Traditions and the Challenge of Intercultural Legal Education in Canadian Law Schools,» Hannah askew describes the growing recognition, in Canada, that the development and protection of the rights of Indigenous people must draw not only on common law and civil law, but also on Indigenous legal tTraditions and the Challenge of Intercultural Legal Education in Canadian Law Schools,» Hannah askew describes the growing recognition, in Canada, that the development and protection of the rights of Indigenous people must draw not only on common law and civil law, but also on Indigenous legal traditioLaw Schools,» Hannah askew describes the growing recognition, in Canada, that the development and protection of the rights of Indigenous people must draw not only on common law and civil law, but also on Indigenous legal traditiolaw and civil law, but also on Indigenous legal traditiolaw, but also on Indigenous legal traditionstraditions.

This the Court achieved by claiming that the principle of effective judicial protection constitutes a «a general principle of EU law stemming from the constitutional traditions common to the Member States», enshrined in Articles 6 and 13 of the ECHR and «reaffirmed» by Article 47 of the Charter (para. 35).

An extension of liability to rescuers and helpers would be a modest incremental development in the common law tradition and, as between these plaintiffs and these defendants, produce a just result.

Common - law countries share a tradition of publishing the «great encyclopedias (of legal research) which became, and remain today, authoritative and indispensable works of reference wherever English law is practiced».

International Association of Lawyers (UIA) The International Bar Association (IBA) The New York City Bar Association (NYCBA) The International Law Firm (ILF) The New York County Lawyers» Association (NYCLA) The International Association of Young Advocates (AIJA) The American Bar Association (ABA) The International Conference of Common Tradition Bars (CIB).

That curious institution, which flourished in the late 16th and early 17th centuries, was of mixed executive and judicial character, and characteristically departed from common - law traditions.

The Act amended the Canada Evidence Act to remove the spousal immunity protection — a common - law tradition that goes back hundreds of years.

The New Jersey law may reflect common law traditions but it does not reflect anything resembling the modern view on appropriate compensation for the greatest pain in a wrongful death case — the loss of someone you deeply loved.

For one thing (and to harken back to my theme three columns ago), the ructions that are going on within the political branches of government remind us of just how critical a role respect for tradition plays in the constitutional systems of common law states.

Most countries today follow one of two major legal traditions: common law or civil law.

In Souza v. Sheriff of Bristol County, the SJC rejected the sheriff's argument that common law traditions dating back to the early days of English history gave him this power.

-RRB-, the ructions that are going on within the political branches of government remind us of just how critical a role respect for tradition plays in the constitutional systems of common law states.

[14] Contrary to common law tradition, in which judges play a prominent role in the development and reformation of law, professors are instrumental to legal reform and development in civil law tradition.

The Court of Justice reached this decision, which was highly controversial, after conducting a review of the scope of the protection afforded to communications with in - house counsel across the member states of the EU, and finding there not to be a sufficiently broad consensus on this point to justify the extension of the privilege, given that it was identified as being one of the fundamental principles of law common to the constitutional traditions of the member states.

A total of forty national jurisdictions will be explored, chosen in order to ensure broad geographical spread and a mix of common law, civil law and other legal traditions, as well as reflecting the expertise of the law firms involved.

Embracing equally the wealth of its heritage and a calling to address the needs of the contemporary world, Notre Dame Law School brings together centuries of Catholic intellectual and moral tradition, the historic methods and principles of the common law, and a thorough engagement with the reality of today's legislative, regulatory, and global legal environmeLaw School brings together centuries of Catholic intellectual and moral tradition, the historic methods and principles of the common law, and a thorough engagement with the reality of today's legislative, regulatory, and global legal environmelaw, and a thorough engagement with the reality of today's legislative, regulatory, and global legal environment.

The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.

Although not decided on the basis of the Charter, this case provides valuable insight into the necessary fault requirement for a criminal conviction, breathing new meaning into the «principles of fundamental justice» stemming from our common law tradition, and later enshrined in Section 7 of the Charter of Rights and Freedoms.

«It is often observed that it is very easy to get into court in African states and can be much more difficult to get out of court,» with proceedings taking many years, he said; there being a variety of legal traditions across the continent, from common, to civil and Islamic law, as well as hybrids, such as those in South Africa and Mauritius.

Medical malpractice law, in Massachusetts and elsewhere, is part of the common law — the rich tradition of «judge - made law» that we inherited from our English ancestors and upon which we have embroidered our own legal doctrines.

These discovery and subpoena tools are all basically derivative of the common law trial subpoena power, and certain other powers that were vested in courts of equity, which is constitutionally recognized in federal criminal trials in the 6th Amendment which includes a right «to have compulsory process for obtaining witnesses in his favor» and applies in civil trials by tradition, court rule and statute.

This provision ranks fundamental rights, as they result from the constitutional traditions common to Member States, among the general principles of EU law.

It is true that Article 6 (3) refers to the constitutional traditions that are common (emphasis added) to the Member States; however, the reference to this characteristic should not prevent to inject a certain degree of pluralism in the notion of constitutional tradition (s), as the ICC has suggested, that makes it possible to reconcile a higher standard of protection entrenched in the national Constitution and the primacy of EU law.

Thomas Mathews is a Toronto - based lawyer building a broad practice in civil and commercial litigation and criminal defence... Thomas is member of the Bars of Ontario and Quebec, trained in both the common law and civil law legal traditions.

The joint degree will be taught by comparing and contrasting indigenous peoples» legal traditions with those of common law.

In the common law tradition, courts are at the apex of the interpretive hierarchy.

Resolution XX — Re Codification Resolved that a pre-emptive Canadian code of evidence departing from our common law traditions is neither desirable nor necessary.

Resolution I — A pre-emptive Canadian Code of Evidence, departing from our Common Law traditions, is neither desirable nor necessary.

Proposition I: Re Codification — It was generally agreed that a comprehensive Canadian Code of Evidence departing from our common law tradition is not desirable.

Common law legal concepts and research methods make a strong distinction, less pronounced in the civil law tradition, between primary sources of law (statutes and case law) and secondary sources (legal scholarship and commentary); regardless, access to interpretive commentary on the law, including legal scholarship and especially publicly - funded research, would significantly enhance the public's understanding of the law and their rights, and promote access to legal services generally.