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Legal Systems of Asia & Africa - Outline Chiba's theory of law as presented in 1986 and assess to what extent this theory is relevant for the present course.
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Legal Systems of Asia & Africa a) Outline Chiba's theory of law as presented in 1986 and assess to what extent this theory is relevant for the present course. Defining the word 'law' is an extremely complex and almost impossible task to accomplish. Therefore, it's very important to try to determine the relevant factors that in essence shape the law in order to make the law more plausible and abided by all. An automatic and general definition of law is described as a set of rules enforced by the government. Chiba combined this definition with Ehrlich (1936: 486-506) who established the concept of "living law" to determine that law is enforced and made by society and with Weber (1967: 233) who outlined that law is outlined by religious ethics. Thus, Chiba concluded 'the three-level structure of law' or otherwise known as the tripartite, to emphasise that the whole structure of law is...
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