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eBook details

• Title: Colonialism and Civilisation: The Impact of "Civilisation" Policies on Suppressing Indigenous Religious Practices in American Jurisprudence (Report)
• Author : Nebula
• Release Date : January 01, 2010
• Genre: Reference,Books,
• Pages : * pages
• Size : 356 KB

Description

Introduction Invariably the courts must self-consciously grapple which the legal categories and doctrines handed down through precedent to address new situations and fill in the interstices' of statutory enactments. This process is not simply the neutral and detached application of rules to facts at a particular historical point but is the product of a sequence of decisions which have embedded and institutionalised certain outcomes. (1) Within these outcomes history and the present are compressed into a decision and legal doctrine which in turn conditions subsequent decisions. This process in turn implicates and reflects a wider legal tradition, socio-political order and governmental policy which undergird that tradition. "Rules and functions operate," John Bell argues "as part of a tradition of legal ways of doing things which has various complex relationships to the kind of society in which it operates and the functions it accords to law." (2)

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