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The 1960s, in retrospect, may be chiefly remembered for the
unprecedented constitutional developments it witnessed in countries
emerging from colonial rule. Originally published in 1963, an
examination of these constitutional developments from the
authoritative pens of the previous Legal Adviser to the Colonial
and Commonwealth Relations Offices, and the Legal Adviser to the
Colonial Office at the time was, therefore, particularly timely –
for no two men in human history can have had to draft so many
constitutional instruments. One after another of these new
constitutions had, moreover, included certain ‘Fundamental
Rights’, so a discussion of this subject by a recognised academic
authority, together with an examination by an ex-Chief Justice of
Allahabad of the constitutional writs which have been so widely
used in India to protect these rights, was particularly
appropriate. An erudite examination of the origins of the famous
phrase ‘Justice, Equity and Good Conscience’ by the Reader in
Oriental Laws in the University of London, fittingly concludes the
first half of this volume. Legal developments in these emergent
countries, had, however, by no means been limited to the sphere of
constitutional law. So the series continues with contributions on
the legal profession in African territories, by a former President
of the Law Society, and on the problems posed by Islamic law in
that continent, by the Professor of Oriental Laws. Criminal Law is
represented by a consideration of ‘Liability under the Nigerian
Criminal Code’ by an ex-Chief Justice of the Western Region;
matters economic and sociological by papers on ‘Legal Development
and Economic Growth in Africa’ and ‘Women’s Status and Law
Reform’ by two experts in Africa law; and developments in Asia by
an examination of recent legislation on family law in Pakistan, and
of the sources of Chinese Law in Hong Kong, by other members of the
staff of the School of Oriental and African Studies.
Originally published in 1968, we were witnessing a new – and
welcome – emphasis on Comparative Law, both in the Universities
and even the practising profession, together with a quickened
interest in the law of family relations. This volume provided a
wealth of information for anyone wishing to study these relations
in a widely comparative context. The chapters cover not only the
basic law of marriage and divorce in a number of developing
countries both in Asia and Africa, but also discuss in considerable
detail the ways in which matrimonial property is regulated under
different systems. This was a highly topical subject at the time,
when our own law of matrimonial property was under criticism and
active reconsideration. The book also treats such subjects as the
eclipse of the patriarchal family in contemporary Islamic law,
religious law and the modern family in Israel, the juristic basis
and context of Parsi family law, and contemporary family law in
Southern Africa.
Originally published in 1968, we were witnessing a new - and
welcome - emphasis on Comparative Law, both in the Universities and
even the practising profession, together with a quickened interest
in the law of family relations. This volume provided a wealth of
information for anyone wishing to study these relations in a widely
comparative context. The chapters cover not only the basic law of
marriage and divorce in a number of developing countries both in
Asia and Africa, but also discuss in considerable detail the ways
in which matrimonial property is regulated under different systems.
This was a highly topical subject at the time, when our own law of
matrimonial property was under criticism and active
reconsideration. The book also treats such subjects as the eclipse
of the patriarchal family in contemporary Islamic law, religious
law and the modern family in Israel, the juristic basis and context
of Parsi family law, and contemporary family law in Southern
Africa.
The 1960s, in retrospect, may be chiefly remembered for the
unprecedented constitutional developments it witnessed in countries
emerging from colonial rule. Originally published in 1963, an
examination of these constitutional developments from the
authoritative pens of the previous Legal Adviser to the Colonial
and Commonwealth Relations Offices, and the Legal Adviser to the
Colonial Office at the time was, therefore, particularly timely -
for no two men in human history can have had to draft so many
constitutional instruments. One after another of these new
constitutions had, moreover, included certain 'Fundamental Rights',
so a discussion of this subject by a recognised academic authority,
together with an examination by an ex-Chief Justice of Allahabad of
the constitutional writs which have been so widely used in India to
protect these rights, was particularly appropriate. An erudite
examination of the origins of the famous phrase 'Justice, Equity
and Good Conscience' by the Reader in Oriental Laws in the
University of London, fittingly concludes the first half of this
volume. Legal developments in these emergent countries, had,
however, by no means been limited to the sphere of constitutional
law. So the series continues with contributions on the legal
profession in African territories, by a former President of the Law
Society, and on the problems posed by Islamic law in that
continent, by the Professor of Oriental Laws. Criminal Law is
represented by a consideration of 'Liability under the Nigerian
Criminal Code' by an ex-Chief Justice of the Western Region;
matters economic and sociological by papers on 'Legal Development
and Economic Growth in Africa' and 'Women's Status and Law Reform'
by two experts in Africa law; and developments in Asia by an
examination of recent legislation on family law in Pakistan, and of
the sources of Chinese Law in Hong Kong, by other members of the
staff of the School of Oriental and African Studies.
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