For centuries, since the Roman Empire’s adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe’s religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe. The volume’s contributors range from academics at leading universities to former judges and politicians. Its twenty chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches. This book will appeal not merely to law students in the United Kingdom and the European Union, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists, and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.

This important collection of essays by a leading legal theorist seeks to re-locate the relationship between the traditional concerns of legal theory and the sociology of law, by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies. This book is based upon previously published essays which have been extensively revised and updated, and offers an important contribution to the study of law and social theory.

Gerald Strauss offers a comprehensive study of a phenomenon of great interest to scholars of early modern Europe: the widespread opposition to Roman law and lawyers in sixteenth-century Germany.

Originally published in 1986.

The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Bringing together a team of international experts from different subject areas - including law, history, archaeology and anthropology - this book re-evaluates the traditional narratives surrounding the origins of Roman law before the enactment of the Twelve Tables. Much is now known about the archaic period, relevant evidence from later periods continues to emerge and new methodologies bring the promise of interpretive inroads. This book explores whether, in light of recent developments in these fields, the earliest history of Roman law should be reconsidered. Drawing on the critical axioms of contemporary sociological and anthropological theory, the contributors yield new insights and offer new perspectives on Rome's early legal history. In doing so, they seek to revise our understanding of Roman legal history as well as to enrich our appreciation of its culture as a whole.

International law was born from the impulse to 'civilize' late nineteenth-century attitudes towards race and society, argues Martti Koskenniemi in this extensive study of the rise and fall of modern international law. In a work of wide-ranging intellectual scope, now available for the first time in paperback, Koskenniemi traces the emergence of a liberal sensibility relating to international matters in the late nineteenth century, and its subsequent decline after the Second World War. He combines legal analysis, historical and political critique and semi-biographical studies of key figures (including Hans Kelsen, Hersch Lauterpacht, Carl Schmitt and Hans Morgenthau); he also considers the role of crucial institutions (the Institut de droit international, the League of Nations). His discussion of legal and political realism at American law schools ends in a critique of post-1960 'instrumentalism'. This book provides a unique reflection on the possibility of critical international law today.

This book argues that classical natural law jurisprudence provides a superior answer to the questions “What is law?” and “How should law be made?” rather than those provided by legal positivism and “new” natural law theories. What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.

Always the serious student's choice for a Trusts Law textbook, the new seventh edition of Moffat's Trusts Law once again provides a clear examination of the rules of Trusts, retaining its hallmark combination of a contextualised approach and a commercial focus. The impact of statutory developments and a wealth of new cases - including the Supreme Court and Privy Council decisions in Patel v. Mirza [2016] UKSC 42, PJS v. News Group Newspapers Ltd [2016] UKSC, Burnden Holdings v. Fielding [2018] UKSC 14, and Federal Republic of Brazil v. Durant [2015] UKPC 35 - are explored. A streamlining of the chapters on charitable Trusts, better to align the book with the typical Trusts Law course, helps students understand the new directions being taken in the areas of Trust Law and equitable remedies.

Sharia Law in the Twenty-First Century consists of concise, detailed analytical studies on current critical discussions of Sharia in the Western and Muslim legal traditions. Contributors to this volume are well-known academics in their fields and have been at the forefront of critical studies on various aspects of Islamic law. Breaking new ground for understanding the dynamics of law and society, most contributors in this volume have influenced current academic discourse on Sharia. The chapters contained within this volume find that globalism and Sharia have been posing challenges to one another. These respective challenges are studied from the perspectives of theory, history and the diverse contexts in which Sharia developed during the twenty-first century. The approach in this book is overall contextual with reference to time and place. For accessibility, unlike other books on Islamic law, Sharia Law in the Twenty-First Century has minimal footnotes and reduced diacritical marks, but offers an essential glossary in an appendix.

Contemporary liberal thinkers commonly suppose that there is something in principle unjust about the legal prohibition of putatively victimless immoralities. Against the prevailing liberal view, Robert P. George defends the proposition that `moral laws' can play a legitimate, if subsidiary, role in preserving the `moral ecology' of the cultural environment in which people make the morally significant choices by which they form their characters and influence, for good or ill, the moral lives of others. George shows that a defence of morals legislation is fully compatible with a `pluralistic perfectionist' political theory of civil liberties and public morality.

As global leaders use more nationalistic rhetoric, they are supporting their words with policies that are dividing the population and bringing an end to the diverse, multicultural, and postmodern aspects of the era of globalization. This could have a lasting negative effect on international politics and cooperation on issues of grave concern such as global terrorism, climate change, and global pandemics. Contemporary Politics and Social Movements in an Isolated World: Emerging Research and Opportunities discusses in detail the developing new world order in an era of politics that seemingly eschews globalization and international cooperation. This text details the aftermath of the 2020 election and foreshadows the events to come based on the outcome of the election in the USA as well as the progression of politics afterwards. Covering topics such as comparative politics, isolationism, and international communities, this text is an essential resource for political science departments, international relations scholars, students, professors, politicians, researchers, and academicians..