Question: Course: Legal systems of Asia and Africa. LLB Law Single Honours.
Discuss whether religion and/or customs can constitute an objective legal source, including at least two Asian or African legal systems in your analysis.
Answer: Religion and custom can constitute a normative objective legal source more within the framework of ‘Private law’ than ‘Public law’ in India and Pakistan in the form of predominantly Hindu and Muslim law. The natural law theory argues that some rules objectively existing in nature are also source of law. Menski points out today religious and customary laws are \"treading a difficult but historically familiar path between formal legal uniformity and informal diversity\" . In a country like India and Pakistan one cannot deny that there are extremely pluralistic legal frameworks in place to fill in details in the possible loopholes existing within the parallel formal legal systems. As Menski rightly said, “No law code is ever going to cover everything; all law-making must remain a pi......(short extract)
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Details: - Mark: 70% | Course: International Law | Year: 1st | Words: 1083 | References: Yes | Date written: March, 2013 | Date submitted: April 02, 2014 | Coursework ID: 847
