Chinese Family Law in a Common Law Setting

1966 ◽  
Vol 25 (4) ◽  
pp. 621-644 ◽  
Author(s):  
David C. Buxbaum
Keyword(s):  
Family Law ◽  
Common Law ◽  
Interesting Case ◽  
Chinese Family ◽  
Social Setting ◽  
Court System ◽  
Chinese Tradition ◽  
Chinese Law ◽  
The Common

The development of Chinese family law in Malaysia and Singapore provides an interesting case study of an attempt to fuse elements of two disparate legal systems in a foreign social climate. The present court system of Malaysia and Singapore and the adjective law are based in large part upon principles of English common law, while the substantive family law applied to the Chinese people is in part a reflection of “traditional” Chinese law. These diverse legal orders function in a social setting which, although substantially influenced by Chinese tradition, is nevertheless a distinct environment, and which, on the other hand, certainly bears little resemblance to the native habitat of the common law.

scholarly journals Where There’s At-Will, There Are Many Ways: Redressing the Increasing Incoherence of Employment at Will

2005 ◽  
Vol 67 (2) ◽  
Author(s):  
Scott A. Moss
Keyword(s):  
Free Market ◽  
Common Law ◽  
State Courts ◽  
Free Enterprise ◽  
Employment At Will ◽  
Legal Remedy ◽  
The Will ◽  
The Common ◽  
At Will

Employment at will, the doctrine holding that employees have no legal remedy for unfair terminations because they hold their jobs at the will of the employer, has become mired in incoherence. State courts praise the common law rule as “essential to free enterprise” and “central to the free market,” but in recent years they increasingly have riddled the rule with exceptions, allowing employee claims for whistleblowing, fraud, etc. Yet states have neither rejected employment at will nor shown any consistency in recognizing exceptions. Strikingly, states cite the same rationales to adopt and reject opposite exceptions, as a case study of two states illustrates: One state accepts exception X to protect employees while rejecting exception Y to maintain employment at will; yet on the same rationales, the other accepts exception Y while rejecting X.

The Common Law Zone in Panama: A Case Study in Reception

1978 ◽  
Vol 83 (1) ◽  
pp. 307
Author(s):  
Sheldon B. Liss ◽  
Wayne D. Bray
Keyword(s):  
Common Law ◽  
The Common

scholarly journals The Conceptual Analysis of the Doctrine of Proportionality and, its Role in Democratic Constitutionalism; A Case Study of UK

sjesr ◽  
2021 ◽  
Vol 4 (1) ◽  
pp. 204-210
Author(s):  
Dr. Syed Raza Shah Gilani ◽  
Hidayat Ur Rehman ◽  
Dr. Ilyas Khan
Keyword(s):  
Legal System ◽  
Common Law ◽  
Constitutional Rights ◽  
Basic Principles ◽  
Law System ◽  
The People ◽  
The Common ◽  
Common Law System ◽  
Democratic Norms

For the last few decades, the doctrine of proportionality has demonstrated and corroborated that it is the most effective legal standard used around Europe for the adjudication of constitutional rights. From its German origins, proportionality has migrated across jurisdictions and areas of law and has become one of the most successful legal transplants. However, there is some confusion as to whether there is any justification for the intervention of this in the UK's legal system, as the UK's legal system is based on common law, and did not welcome this doctrine very much. Therefore, it is essential to analyze the basic principles of this doctrine and check its compatibility with the common law system, which is based on democratic norms. To test the similarity, this article would also reflect on the underlying characteristics of the theory of proportionality and equate it with the standards of a democratic society. To begin with, this article first endeavors to analyze the legal sources of the doctrine of proportionality and then examines its affinity with the democratic norms of the common law system to investigate the compatibility level with each other in protecting the constitutional rights of the people.

Employment Law in Context

2020 ◽  
Author(s):  
David Cabrelli
Keyword(s):  
Common Law ◽  
Historical Context ◽  
Employment Law ◽  
Labour Law ◽  
Practical Applications ◽  
The Social ◽  
The Common ◽  
Employment Rights ◽  
A Company

Employment Law in Context combines extracts from leading cases, articles, and books with commentary to provide a full critical understanding of employment law. As well as providing a grounding in individual labour law, this title offers detailed analysis of the social, economic, political, and historical context in which employment law operates, drawing attention to key and current areas of debate. An innovative running case study contextualizes employment law and demonstrates its practical applications by following the life-cycle of a company from incorporation, through expansion, to liquidation. Reflection points and further reading suggestions are included. The volume is divided into eight main Parts. The first Part provides an introduction to employment law. The next Part looks at the constitution of employment and personal work contracts. This is followed by Part III, which examines the content of the personal employment contract and the obligations imposed by the common law on employers and employees. The fourth Part is about statutory employment rights. The fifth Part covers equality law. Part VI looks at the common law and statutory regulation of dismissals. The Part that follows considers business reorganizations, consultation, and insolvency. Finally, Part VIII describes collective labour law.

Mi casa es tu casa? The Limits of Inter-systemic Dispute Resolution

2020 ◽  
pp. 1-20
Author(s):  
Rodrigo Camarena ◽  
Bradly J. Condon
Keyword(s):  
Dispute Resolution ◽  
Judicial Review ◽  
Common Law ◽  
Legal Reasoning ◽  
The United States ◽  
Legal Traditions ◽  
English Speaking ◽  
The Common ◽  
Domestic Law

Abstract The ‘new NAFTA’ agreement between Canada, Mexico, and the United States maintained the system for binational panel judicial review of antidumping and countervailing duty determinations of domestic government agencies. In US–Mexico disputes, this hybrid system brings together Spanish and English-speaking lawyers from the civil and the common law to solve legal disputes applying domestic law. These panels raise issues regarding potential bicultural, bilingual, and bijural (mis)understandings in legal reasoning. Do differences in language, legal traditions, and legal cultures limit the effectiveness of inter-systemic dispute resolution? We analyze all of the decisions of NAFTA panels in US–Mexico disputes regarding Mexican antidumping and countervailing duty determinations and the profiles of the corresponding panelists. This case study tests whether one can actually comprehend the ‘other’. To what extent can a common law, English-speaking lawyer understand and apply Mexican law, expressed in Spanish and rooted in a distinct legal culture?

scholarly journals Oral Law in Litigation in South Africa: An Evidential Nightmare?

2017 ◽  
Vol 20 ◽  
pp. 1 ◽  
Author(s):  
Christa Rautenbach
Keyword(s):  
South Africa ◽  
South African ◽  
Common Law ◽  
Customary Law ◽  
Court System ◽  
The Status ◽  
Customary Laws ◽  
The Common ◽  
The Republic ◽  
Law Of Evidence

In the past, customary law has been applied rather haphazardly in the courts. Its inherent adaptive flexibility and indeterminate nature created confusion in a court system ill-equipped to deal with litigation dealing with customary law issues. Understandably, customary law was treated in the same way as a common-law custom, which also originates in a community's acceptance of certain standards of behaviour. This meant that anyone averring a rule of customary law had to prove it, except where the rule was contained in a statute or precedent. The courts were not keen to engage in law-making and where the ascertainment of customary law proved to be difficult, they would merely apply the common law. In 1998, the Law of Evidence Amendment Act 45 of 1988, which allows the judiciary to take judicial notice of readily accessible customary law, made fundamental changes to this situation. The Act is still in operation, although it must now be interpreted in the light of the Constitution of the Republic of South Africa, 1996 (the Constitution). No direction on how this must be done can be found in the wording of the constitutional provisions dealing with the customary law. Besides instructing the courts to apply customary law when "applicable, subject to the Constitution and any legislation that specifically deals with customary law", the Constitution is silent on the way forward. Given the fact that most of the judiciary does not have any knowledge of the content of living customary law and the fact that there are fundamental differences between the evidentiary rules applied in the common and customary laws of South Africa, a few problems are bound to surface when litigating issues involving the customary law. They include: the status of customary law in the South African legal system; the applicability of customary law; and especially the determination of living customary law. The aim of this analysis is to determine if the existing evidentiary rules are appropriate to deal with these challenges in litigating matters involving customary law in the ordinary courts.

Waqf

2020 ◽  
pp. 37-55
Author(s):  
Hassan Syed ◽  
Sema Yilmaz Genç
Keyword(s):  
Family Law ◽  
Common Law ◽  
Islamic Finance ◽  
Property Law ◽  
Islamic Jurisprudence ◽  
Islamic Countries ◽  
The Common ◽  
Trust Law ◽  
British Colonies

Modern Islamic Finance and Banking is competing with the conventional banking on many levels. There are tensions between the definitions of ‘Riba ' and ‘Hiyal' that continuously stress the need for Islamic Sharia Boards to update the Sharia Compliance for their products. The concept of ‘Waqf' is the Islamic concept of an endowment Trust. The pious aim of the Waqf is to allow endowment for a specific purpose that must be ‘Halal'. The leading Islamic countries for the purposes of having vibrant Islamic Finance and Banking economies are predominantly past British colonies. These Islamic countries have rich Common Law heritage that guides their Constitutions as they exist today. The Common Law guidelines for Family Law, Inheritance, and Property Law also influence the Sharia compliance framework for contemporary Islamic Finance in those countries. This chapter examines the existing Islamic jurisprudence on Waqf and its influence on Common Law trust, and argues for its revival as the Islamic Trust Law.

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