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  • Online Resource  (4)
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  • Maung, Maung  (3)
  • Remec, Peter Pavel
  • Dordrecht : Springer Netherlands  (4)
  • Boston, MA : Springer
  • Law  (4)
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  • Online Resource  (4)
  • Map
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  • Dordrecht : Springer Netherlands  (4)
  • Boston, MA : Springer
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  • 1
    Online Resource
    Online Resource
    Law and Custom in Burma and the Burmese Family (1963)
    Dordrecht : Springer Netherlands
    Details
    ISBN: 9789401192576
    Language: English
    Pages: Online-Ressource (155p) , online resource
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Civil law.
    Abstract: I. Burmese Customary Law -- 1. Origin and Growth -- 2. Hindu Influence and the Dhammathats -- 3. Mirrors of Society -- 4. Administration of Justice -- II. Impact of British Law -- 1. The Rule of Law -- 2. Codes and Courts -- 3. Limited Role for Customary Law -- 4. International Law and Municipal Law -- III. The Burmese Family -- 1. The Individual -- 2. Husband and Wife -- 3. Parents and Children -- IV. Marriage -- 1. Celebration and Proof -- 2. Conflicts of Law -- 3. Special Marriage Acts -- 4. Divorce -- 5. Restitution of Conjugal Rights -- V. Children of the Family -- 1. Natural Children -- 2. Adopted Children -- VI. Property of the Family -- 1. Community of Property -- 2. Partition on Divorce -- 3. Maintenance -- 4. Inheritance and Succession -- 5. The Rights of Children -- VII. Buddhism and the State -- 1. Tradition and Change -- 2. Religious Usage -- VIII. The Legal Profession -- 1. The Bench -- 2. The Bar -- 3. Legal Education -- Appendices -- A list of Dhammathats -- Table of Statutes and Cases.
    Abstract: This book, conceived in Rangoon, nourished and delivered at the Yale Law School, attempts to study the customary laws of Burma in the context of the country's legal system. Customary laws govern the affairs of the family mainly while codes and precedents designed and developed on the imported British common law system enjoy exclusive control and authority over the remaining legal relationships in society. This volume looks at the legal system in outline and the customary law of the Bur­ mese family in some detail. The customary laws of other indigenous groups, such as the Shans, the Kachins, the Chins, the Kayah, the Mon and the Arakanese, also need to be studied, restated and appraised, for though the laws are similar there are shades of differences, and in build­ ing the Union of Burma it is important to build strongly on the simi­ larities while giving due respect to the differences. It is, therefore, hoped, that this volume will launch a series of studies on the customary laws of the peoples of Burma in a large context and with high aim. There are many needs for continuing research in the field of custom­ ary law. One is to discover the customs of the people as they really are, not just what they are presumed to be in early legal treatises or in later judicial decisions.
    Description / Table of Contents: I. Burmese Customary Law1. Origin and Growth -- 2. Hindu Influence and the Dhammathats -- 3. Mirrors of Society -- 4. Administration of Justice -- II. Impact of British Law -- 1. The Rule of Law -- 2. Codes and Courts -- 3. Limited Role for Customary Law -- 4. International Law and Municipal Law -- III. The Burmese Family -- 1. The Individual -- 2. Husband and Wife -- 3. Parents and Children -- IV. Marriage -- 1. Celebration and Proof -- 2. Conflicts of Law -- 3. Special Marriage Acts -- 4. Divorce -- 5. Restitution of Conjugal Rights -- V. Children of the Family -- 1. Natural Children -- 2. Adopted Children -- VI. Property of the Family -- 1. Community of Property -- 2. Partition on Divorce -- 3. Maintenance -- 4. Inheritance and Succession -- 5. The Rights of Children -- VII. Buddhism and the State -- 1. Tradition and Change -- 2. Religious Usage -- VIII. The Legal Profession -- 1. The Bench -- 2. The Bar -- 3. Legal Education -- Appendices -- A list of Dhammathats -- Table of Statutes and Cases.
    DOI: 10.1007/978-94-011-9257-6
    URL: Volltext  (lizenzpflichtig)
    URL: lizenzpflichtig
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    Online Resource
    MPI Ethno. Forsch.
  • 2
    Online Resource
    Online Resource
    Burma’s Constitution (1961)
    Dordrecht : Springer Netherlands
    Details
    ISBN: 9789401188920
    Language: English
    Pages: Online-Ressource (340p) , online resource
    Edition: Second Edition Revised and Enlarged
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Political science. ; Economic policy. ; Constitutional law.
    Abstract: I. The Story of the Constitution -- I. Annexation and British Rule -- II. War and Japanese Occupation -- III. Liberation and Fulfilment -- II. The Constitution at Work -- I. Form of State -- II. Fundamental Rights -- III. Peasants and Workers -- IV. Directive Principles of State Policy -- V. The President -- VI. Parliament -- VII. The Union Government -- VIII. The Union Judiciary -- IX. The States -- X. Amendment of the Constitution -- XI. International Relations -- XII. General Provisions -- XIII. Transitory Provisions -- XIV. End of an Era -- Appendices -- I. Opinion of the Law Officers of the Crown on annexation of Burma -- II. The constitution of Burma under Japanese occupation -- III. The Panglong Agreement, 1947 -- IV. Draft constitution approved by the AFPFL convention, May 1947 -- V. Members of the constitution drafting committees, and staff, Constituent Assembly, June-September 1947 -- VI. Prime Minister U Nu’s motion in the Constituent Assembly to adopt the constitution, September 24, 1947 -- VII. The Constitution of the Union of Burma, with amendments -- VIII. The Constitution Amendment Act, 1951 -- IX. The Constitution Amendment Act, 1961 -- X. Boundary Treaty between Burma and China, October 1, 1960 -- XI. Chronology of Events.
    Abstract: In his former work, Burma in the Family oj Nations, Dr. Maung Maung has already gained an international reputation as a student of public affairs in Burma; in this new book he earns fresh laurels. It is mainly in two parts. In Part I he traces the genesis of the Constitution and in Part II he explains it. The first part outlines the constitutional progress of Burma under British rule, the changes under Dr. Ba Maw during the Japanese occupation, and further developments until the attainment of independence by the Anti­ Fascist People's Freedom League. Nowhere else can one find such a clear and comprehensive account of the political evolution of Burma since 1931, doubly significant by the Saya San rebellion and the birth of the Thakin movement; its value is enhanced by the reproduction of three documents not otherwise readily accessible: the interim Constitution under the Japanese; the Panglong Agreement, in which the Hill Peoples undertook to co-operate in framing the Constitution for the Union of Burma; and the original draft Constitution which the AFPFL published in May 1947 for consideration by the Constituent Assembly.
    Description / Table of Contents: I. The Story of the ConstitutionI. Annexation and British Rule -- II. War and Japanese Occupation -- III. Liberation and Fulfilment -- II. The Constitution at Work -- I. Form of State -- II. Fundamental Rights -- III. Peasants and Workers -- IV. Directive Principles of State Policy -- V. The President -- VI. Parliament -- VII. The Union Government -- VIII. The Union Judiciary -- IX. The States -- X. Amendment of the Constitution -- XI. International Relations -- XII. General Provisions -- XIII. Transitory Provisions -- XIV. End of an Era -- Appendices -- I. Opinion of the Law Officers of the Crown on annexation of Burma -- II. The constitution of Burma under Japanese occupation -- III. The Panglong Agreement, 1947 -- IV. Draft constitution approved by the AFPFL convention, May 1947 -- V. Members of the constitution drafting committees, and staff, Constituent Assembly, June-September 1947 -- VI. Prime Minister U Nu’s motion in the Constituent Assembly to adopt the constitution, September 24, 1947 -- VII. The Constitution of the Union of Burma, with amendments -- VIII. The Constitution Amendment Act, 1951 -- IX. The Constitution Amendment Act, 1961 -- X. Boundary Treaty between Burma and China, October 1, 1960 -- XI. Chronology of Events.
    DOI: 10.1007/978-94-011-8892-0
    URL: Volltext  (lizenzpflichtig)
    URL: lizenzpflichtig
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    Online Resource
    MPI Ethno. Forsch.
  • 3
    Online Resource
    Online Resource
    The Position of the Individual in International Law according to Grotius and Vattel (1960)
    Dordrecht : Springer Netherlands
    Details
    ISBN: 9789401510158
    Language: English
    Pages: Online-Ressource (260p) , online resource
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; International law.
    Abstract: I. Classics and Modern International Law -- A. The Position of the Individual in International Law According to Current Theories -- B. Reasons for the Present Re-examination of Grotius and Vattel -- II. The Position of the Individual in International Law According to Hugo Grotius -- A. International Relations and Law -- B. Law of Nature and Volitional Law -- C. Law of Nations and War -- D. Limitations of the Laws of War — Development of the Law of Nations -- E. Summary -- III. The Position of the Individual in International Law According to Emer de Vattel -- A. The System of the Law of Nations -- B. Individual and the Sovereign State -- C. Vattel’s Scientific Method of Individual-State Analogy -- D. Individual, State, and the Society of Nations -- E. Summary -- IV. International Protection of the Rights of the Individual against Oppression by His Own State -- A. Outline of the Problem -- B. Human Rights in the Grotian System -- C. International Relevance of Human Rights in the Vattelian System -- V. Summary Evaluation -- A. Natural Law and Its Application -- B. Relation between the Positive Law and the Law of Nature -- C. Protection of Human Rights.
    Abstract: According to democratic theory the state is for man not man for the state. This theory has been implemented by bills of rights in many national constitutions giving the individual a legal opportunity to redress abuses by his state. In Federal Consti­ tutions, however, difficulties have been faced when central au­ thority seeks to enforce the standards of the constitution against the legislation and customs of the constituent states. The latter habitually resist, proclaiming the virtues of horne rule and local self-govemment, also supported by democratic theory. Thus the opposition of man versus the state develops into a double op­ position of man versus the state and the state versus the super­ state. To what extent should the super-state take the part of man demanding respect for human rights, or of the state demand­ ing self-govemment, when the two conflict? The failure to solve this problem precipitated the American Civil War and continues to agitate American politics. Should the human right of equal educational opportunities prevail over the "State's Right" of autonomy in the organization of its schools? The same problem appears in more virulent form in the efforts of the United Nations to "promote respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion" without "intervening in matters which are essentially within the domestic jurisdiction of any state.
    Description / Table of Contents: I. Classics and Modern International LawA. The Position of the Individual in International Law According to Current Theories -- B. Reasons for the Present Re-examination of Grotius and Vattel -- II. The Position of the Individual in International Law According to Hugo Grotius -- A. International Relations and Law -- B. Law of Nature and Volitional Law -- C. Law of Nations and War -- D. Limitations of the Laws of War - Development of the Law of Nations -- E. Summary -- III. The Position of the Individual in International Law According to Emer de Vattel -- A. The System of the Law of Nations -- B. Individual and the Sovereign State -- C. Vattel’s Scientific Method of Individual-State Analogy -- D. Individual, State, and the Society of Nations -- E. Summary -- IV. International Protection of the Rights of the Individual against Oppression by His Own State -- A. Outline of the Problem -- B. Human Rights in the Grotian System -- C. International Relevance of Human Rights in the Vattelian System -- V. Summary Evaluation -- A. Natural Law and Its Application -- B. Relation between the Positive Law and the Law of Nature -- C. Protection of Human Rights.
    DOI: 10.1007/978-94-015-1015-8
    URL: Volltext  (lizenzpflichtig)
    URL: lizenzpflichtig
    Library Location Call Number Volume/Issue/Year Availability
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    Online Resource
    MPI Ethno. Forsch.
  • 4
    Online Resource
    Online Resource
    Burma’s Constitution (1959)
    Dordrecht : Springer Netherlands
    Details
    ISBN: 9789401188906
    Language: English
    Pages: Online-Ressource (325p) , online resource
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law ; Political science. ; Economic policy. ; Sociology.
    Abstract: I. The Story of the Constitution -- I. Annexation and British Rule -- II. War and Japanese Occupation -- III. Liberation and Fulfilment -- II. The Constitution at Work -- I. Form of State -- II. Fundamental Rights -- III. Peasants and Workers -- IV. Directive Principles of State Policy -- V. The President -- VI. Parliament -- VII. The Union Government -- VIII. The Union Judiciary -- IX. The States -- X. Amendment of the Constitution -- XI. International Relations -- XII. General Provisions -- XIII. Transitory Provisions -- Epilogue -- Postscript -- Appendices -- I. Opinion of the Law Officers of the Crown on Annexation of Burma -- II. The constitution of Burma under Japanese occupation -- III. The Panglong Agreement, 1947 -- IV. Draft constitution approved by the AFPFL convention, May, 1947 -- V. Members of the constitution drafting committees, and staff, Constituent Assembly -- VI. Prime Minister U Nu’s motion in the Constituent Assembly to adopt the constitution September 24, 1947 -- VII. The Constitution of the Union of Burma, with amendments -- VIII. The Constitution Amendment Act, 1951 -- IX. Chronology of Events.
    Abstract: This is an attempt to study and interpret the Constitution of the Union of Burma which has now passed its tenth year. A constitution read outside the context of constitutional history is incomplete, and I have, therefore, tried to trace the developments which culminated in the constitution; then study its important features with reference, where necessary, to the background in which they took shape and form; and, while studying how the constitution has been working, touch lightly on contemporary events and trends. It is a vast canvas I am trying to cover and what I am able to draw on it would inevitably be sketchy. But I do not write as a historian whose focus is on detail in a narrow area. Rather, having dug and gathered the facts, I trace their sweep in history. The details I willingly and happily leave to the historians, hoping only that my study will be of some use to them, if only as a target for their learned criticism. Some of the events and people I describe are still too near, and a clear perspective is therefore difficult. What is nearest appears biggest, and I often find it tempting to see and accept that Burma's history as a new independent nation began with the students' strike of 1936 or the resistance movement during the Second World War.
    Description / Table of Contents: I. The Story of the ConstitutionI. Annexation and British Rule -- II. War and Japanese Occupation -- III. Liberation and Fulfilment -- II. The Constitution at Work -- I. Form of State -- II. Fundamental Rights -- III. Peasants and Workers -- IV. Directive Principles of State Policy -- V. The President -- VI. Parliament -- VII. The Union Government -- VIII. The Union Judiciary -- IX. The States -- X. Amendment of the Constitution -- XI. International Relations -- XII. General Provisions -- XIII. Transitory Provisions -- Epilogue -- Postscript -- Appendices -- I. Opinion of the Law Officers of the Crown on Annexation of Burma -- II. The constitution of Burma under Japanese occupation -- III. The Panglong Agreement, 1947 -- IV. Draft constitution approved by the AFPFL convention, May, 1947 -- V. Members of the constitution drafting committees, and staff, Constituent Assembly -- VI. Prime Minister U Nu’s motion in the Constituent Assembly to adopt the constitution September 24, 1947 -- VII. The Constitution of the Union of Burma, with amendments -- VIII. The Constitution Amendment Act, 1951 -- IX. Chronology of Events.
    DOI: 10.1007/978-94-011-8890-6
    URL: Volltext  (lizenzpflichtig)
    URL: lizenzpflichtig
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
    Online Resource
    MPI Ethno. Forsch.
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