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Title: | The Spirit of the Law |
Authors: | Kidd, Michael |
Keywords: | Legal positivism Spirituality Customary law Nuremberg trials Colonialism Dreamtime Mabo case Moral authority Common law Self-actualization |
Issue Date: | Oct-2000 |
Publisher: | Indian Institute of Management Calcutta, Kolkata |
Series/Report no.: | Vol. 6;No. 2 |
Abstract: | It is my contention that the law has its origins and derives its authority from moral precepts; and this morality is not dead, but is a live spirituality and ultimately depends on connection with the divine. In the spirit of the law, what is mercy and the admonition to love one's fellow humans as oneself and its application in the new millennium? If this view is accepted it has profound implications for the way law is practised. The implications for the role of customary law in the legal decision-making process and the recognition of indigenous rights generally are affected. |
Description: | Michael Kidd, Fellow in Legal Practice, Institute of Justice and Applied Legal Studies, University of South Pacific, Suva, Fiji. p. 155 - 163 |
URI: | https://ir.iimcal.ac.in:8443/jspui/handle/123456789/5230 https://doi.org/10.1177/097168580000600206 |
ISSN: | 0971-6858 (print version) |
Appears in Collections: | Issue 2, October 2000 |
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File | Description | Size | Format | |
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kidd-2000-the-spirit-of-the-law.pdf Until 2027-12-31 | The Spirit of the Law | 595.29 kB | Adobe PDF | View/Open Request a copy |
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