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Customary Law in Hungary

Courts, Texts, and the Tripartitum

This is the first comprehensive treatment in any language of the history of customary law in Hungary, from the thirteenth to the twentieth centuries. Hungary's customary law was described by Stephen Werboczy in 1517 in the extensive law code known as the Tripartitum. As Werboczy explained, Hungarian law derived from the interplay of Romano-canonical law, statute, written instruments, and court judgments. It was also responsive, however, to popular conceptions of the law's content and application, as communicated through the lay membership of the kingdom's courts. Publication of the Tripartitum was intended to make the law more certain by fixing it in writing. Nevertheless, its text was customized by actual use, in the same way as the statute laws of the kingdom were adjusted as a consequence of court practice and of errors in their transmission. The reputation attaching to the Tripartitum and Hungary's insulation from the Roman Law Reception meant that the Tripartitum continued to retain authority until well into the nineteenth century. Attempts to replace it foundered and it was the principal text on which the courts and the schools relied, not only in Habsburg Hungary but also in Transylvania. Courts, nevertheless, continued to modify its provisions in the interests of rendering judgments that they deemed either to be right or in conformity with developing practices. Even after the establishment of a parliamentary form of government in the nineteenth century, a strong customary element attached to Hungarian law, which was amplified by the association of customary law with national traditions. The consequence was that Hungary maintained aspects of a customary law regime until the Communist period.

This is the first comprehensive treatment in any language of the history of customary law in Hungary, from the thirteenth to the twentieth centuries.

Customary Law of the Nomadic Tribes of Siberia

First published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.

Developments in Customary International Law

Theory and the Practice of the International Court of Justice and the International ad hoc Criminal Tribunals for Rwanda and Yugoslavia

Building on an empirical analysis of the jurisprudence of the International Court of Justice and the two ad hoc tribunals for ex-Yugoslavia and Rwanda, this book sheds new light on the development of custom as a source of international (criminal) law.

Building on an empirical analysis of the jurisprudence of the International Court of Justice and the two ad hoc tribunals for ex-Yugoslavia and Rwanda, this book sheds new light on the development of custom as a source of international ...

The Social Organisation and Customary Law of the Toba-Batak of Northern Sumatra

His book immediately became one of the outstanding works of Dutch scholarship on Indonesian customary law (Adat law).

Customary Law and Economics

Customary law has been the subject of intense debate and the issues arising from the intersection of customs and the law are far from settled. This volume, separated into three parts brings together seminal work from scholars in law, economics and history. The first section analyses various perspectives on the history of customary law. Part two focuses on the commercial customary law and includes a number of case studies covering the role and limits of customary systems in a variety of commercial settings. The final section explores the role of custom in international law from a variety of legal and economic perspectives.

This volume, separated into three parts brings together seminal work from scholars in law, economics and history. The first section analyses various perspectives on the history of customary law.

The Formation and Identification of Rules of Customary International Law in International Investment Law

Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.

Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.

The Role of Customary Law in Sustainable Development

For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.

Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources.

Fanti Customary Laws

A Brief Introduction to the Principles of the Native Laws and Customs of the Fanti and Akan Sections of the Gold Coast, with a Selection of Cases Thereon Decided in the Law Courts