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Books > Law > Jurisprudence & general issues > Foundations of law
National identity and liberal democracy are recurrent themes in
debates about Muslim minorities in the West. Britain is no
exception, with politicians responding to claims about Muslims'
lack of integration by mandating the promotion of 'fundamental
British values' including 'democracy' and 'individual liberty'.
This book engages with both these themes, addressing the lack of
understanding about the character of British Islam and its
relationship to the liberal state. It charts a gradual but decisive
shift in British institutions concerned with Islamic education,
Islamic law and Muslim representation since Muslims settled in the
UK in large numbers in the 1950s. Based on empirical research
including interviews undertaken over a ten-year period with
Muslims, and analysis of public events organized by Islamic
institutions, Stephen Jones challenges claims about the isolation
of British Islamic organizations and shows that they have
decisively shaped themselves around British public and
institutional norms. He argues that this amounts to the building of
a distinctive 'British Islam'. Using this narrative, the book makes
the case for a variety of liberalism that is open to the expression
of religious arguments in public and to associations between
religious groups and the state. It also offers a powerful challenge
to claims about the insularity of British Islamic institutions by
showing how the national orientation of Islam called for by British
policymakers is, in fact, already happening.
This volume offers a long overdue appraisal of the dynamic
interactions between Roman law and Latin literature. Despite there
being periods of massive tectonic shifts in the legal and literary
landscapes, the Republic and Empire of Rome have not until now been
the focus of interdisciplinary study in this field. This volume
brings vital new material to the attention of the law and
literature movement. An interdisciplinary approach is at the heart
of this volume: specialists in Roman law rarely engage in
constructive dialogue with specialists in Latin literature and vice
versa but this volume bridges that divide. It shows how literary
scholars are eager to examine the importance of law in literature
or the juridical nature of Latin literature, while Romanists are
ready to embrace the interactions between literary and legal
discourse. This collection capitalizes on the opportunity to open a
fruitful dialogue between scholars of Latin literature and Roman
law and thus makes a major, much-needed contribution to the growing
field of law and literature.
Taking the long view of conflicts between truth and political
powerWhat role does truth play in government? In context of recent
political discourse around the globe and especially in the United
States it is easy to believe that truth, in the form of
indisputable facts, is a matter of debate. But it's also important
to remember that since ancient times, every religious and
philosophical tradition has wrestled with this question. In this
volume, scholars representing ten traditions Western and Eastern,
religious and secular address the nature of truth and its role in
government. Among the questions they address: When is deception
permissible, or even a good thing? What remedies are necessary and
useful when governments fail in their responsibilities to be
truthful? The authors consider the relationship between truth and
governance in democracies, but also in non-democratic regimes.
Although democracy is distinctive in requiring truth as a
fundamental basis for governing, non-democratic forms of government
also cannot do without truth entirely. If ministers cannot give
candid advice to rulers, the government's policies are likely to
proceed on false premises and therefore fail. If rulers do not
speak truthfully to their people, trust will erode. Each author in
this book addresses a common set of issues: the nature of truth;
the morality of truth-telling; the nature of government, which
shapes each tradition's understanding of the relationship between
governance and truth; the legitimacy and limits of regulating
speech; and remedies when truth becomes divorced from governance.
Truth and Governance will open readers' eyes to the variety of
possible approaches to the relationship between truth and
governance. Readers will find views they thought self-evident
challenged and will come away with a greater understanding of the
importance of truth and truth-telling, and of how to counter
deliberate deception.
How globalized information networks can be used for strategic
advantage.Until recently, globalization was viewed, on balance, as
an inherently good thing that would benefit people and societies
nearly everywhere. Now there is growing concern that some countries
will use their position in globalized networks to gain undue
influence over other societies through their dominance of
information and financial networks, a concept known as 'weaponized
interdependence'. In exploring the conditions under which China,
Russia, and the United States might be expected to weaponize
control of information and manipulate the global economy, the
contributors to this volume challenge scholars and practitioners to
think differently about foreign economic policy, national security,
and statecraft for the twenty-first century. The book addresses
such questions as: What areas of the global economy are most
vulnerable to unilateral control of information and financial
networks? How sustainable is the use of weaponized interdependence?
What are the possible responses from targeted actors? And how
sustainable is the open global economy if weaponized
interdependence becomes a default tool for managing international
relations?
Why cities often cope better than nations with today's
lightning-fast changes.The British Empire declined decades ago, but
London remains one of the world's preeminent centers of finance,
commerce, and political discourse. London is just one of the global
cities assuming greater importance in the post-cold war world even
as many national governments struggle to meet the needs of their
citizens. Global Political Cities shows how and why cities are
re-asserting their historic role at the forefront of international
economic and political life. The book focuses on fifteen major
cities across Europe, Asia, and the United States, including New
York, London, Tokyo, Brussels, Seoul, Geneva, and Hong Kong, not to
mention Beijing and Washington, D.C. In addition to highlighting
the achievements of high-profile mayors, the book chronicles the
growing influence of think tanks, mass media, and other global
agenda setters, in their local urban political settings. It also
shows how these cities serve in the Internet age as the global
stage for grassroots appeals and protests of international
significance. Global Political Cities shows why cities cope much
better than nations with many global problems and how their
strengths can help transform both nations and the broader world in
future. The book offers important insights for students of both
international and comparative political economy; diplomats and
other government officials; executives of businesses with global
reach; and general readers interested in how the world is changing
around them.
Natural Law Today: The Present State of the Perennial Philosophy
explains and defends various aspects of traditional natural law
ethical theory, which is rooted in a broad understanding of human
nature. Some of the issues touched upon include the relation of
natural law to speculative reason and human ends (teleology), the
relationship between natural law and natural theology, the
so-called naturalistic fallacy (deriving "ought" from "is"), and
the scope of natural knowledge of the precepts of the natural law,
as well as possible limits on it. It also takes up certain
historical and contemporary questions, such as the various stances
of Protestant thinkers toward natural law, the place of natural law
in contemporary U.S. legal thought, and the relationship between
natural law and liberal political thought more generally. It brings
together a number of the leading exponents of a more traditional or
classical form of natural law thought, who claim to root their
arguments within the broader philosophy of Thomas Aquinas more
deeply than other major representatives of the natural law
tradition today.
The world's governing structures are higgledy-piggledy: disorderly,
heads and tails in any or every direction. Such disorder fosters
deficient governance. Decisions by noncooperating nations can
generate damaging crossborder outcomes. Muddles destabilize mutual
well-being.Public debate is often mired in superficial arguments
about "globalization." This insightful book by economist Ralph C.
Bryant instead emphasizes that the world's nations need to craft
better middle-ground compromises to improve governance and manage
increasing integration. Individual nations, Bryant argues, should
fashion a balance between local autonomy and external openness,
avoiding the extremes of rigid localism and unfettered openness.
And nations need to act together collectively. Cooperative
governance can encourage orderliness that mitigates disarray
undermining mutual goals. The global challenge of the coronavirus
pandemic is a vivid reminderthat international cooperation is
becoming progressively more essential. Do nations and their leaders
have sufficient foresight to use borders not as barriers but as
catalysts for international cooperation? Could national migration
policies find sustainable middle ground between the unrealistic
extreme of unfettered freedom for people to cross borders and the
inhumane exclusion of foreign refugees? Could augmented
cross-border cooperation mitigate dangers from recurring financial
instability? Could the world community foster collective actions to
reduce the severe risks of global climate change? The answer to
such questions can and should be yes. Wiser cross-border collective
action nurtures a mutually supportive order offsetting the threats
of disorder that may otherwise prevail. A healthy evolution of our
planet requires requires! more orderly national governance and more
ambitious cross-border cooperation.
This monograph makes a seminal contribution to existing literature
on the importance of Roman law in the development of political
thought in Europe. In particular it examines the expression
'dominus mundi', following it through the texts of the medieval
jurists - the Glossators and Post-Glossators - up to the political
thought of Hobbes. Understanding the concept of dominus mundi sheds
light on how medieval jurists understood ownership of individual
things; it is more complex than it might seem; and this book
investigates these complexities. The book also offers important new
insights into Thomas Hobbes, especially with regard to the end of
dominus mundi and the replacement by Leviathan. Finally, the book
has important relevance for contemporary political theory. With
fading of political diversity Monateri argues "that the actual
setting of globalisation represents the reappearance of the Ghost
of the Dominus Mundi, a political refoule - repressed - a
reappearance of its sublime nature, and a struggle to restore its
universal legitimacy, and take its place." In making this argument,
the book adds an important original vision to current debates in
legal and political philosophy.
The only text that fully combines coverage of legal systems with
academic and professional legal skills. Coupled with the focus on
employability and commercial awareness, Legal Systems & Skills
is the essential contemporary toolkit for law students. Legal
Systems & Skills speaks directly to students - encouraging,
engaging, and enthusing at all times. It is accessible, with a
clear writing style and a wide range of pedagogical features to
help students to apply their knowledge practically. Learn how law
works * Students get to grips with all the essential topics of
English legal system, think about different perspectives, and
understand their implications. * Clear, no-nonsense explanations,
supported by annotated documents, flowcharts and diagrams that
provide a visual representation of concepts and processes, build
students' confidence. Develop the essential skills * Students are
equipped with the tools they need to thrive in their academic
studies and in subsequent employment. Students are encouraged to
become adept researchers, nimble problem-solvers, dexterous
writers, and competent communicators. * Topics such as negotiation
and mediation, presentations, and client meetings introduce
students to the professional skills essential for progression into
both legal practice and other professional careers. * Commentary
helping students engage with assessment criteria and develop their
critical thinking skills. Apply them to succeed * Students are
encouraged to reflect on and actively improve their commercial
awareness through case studies and activities. Targeted coverage of
employability, practise interview questions, CV development, and
transferrable skills help students to approach their future careers
with confidence and communicate their own competencies effectively.
* 'Practical exercises' throughout provide opportunities to take a
hands-on approach to tackling a wide range of legal skills. * 'What
the professionals say' boxes bring in voices from across the world
of legal services and other professions, including comments from
barristers, solicitors, CEOs, solicitors' paralegals, and
librarians. Digital formats and resources This fourth edition is
available for students and institutions to purchase in a variety of
formats, and is suppported by online resources. - The e-book offers
a mobile experience and convenient access along with functionality
tools, navigation features and links that offer extra learning
support: www.oxfordtextbooks.co.uk/ebooks - The online resources
that support the book include: - Self-test multiple choice
questions - The authors' guidance to answering the practical
exercises in each chapter - Sample interview questions to help
students identify which areas of commercial awareness they need to
focus on - A library of web links that direct students to useful
websites and relevant media
This book presents a reassessment of the governmental systems of
the Late Babylonian period—specifically those of the
Neo-Babylonian and early Persian empires—and provides evidence
demonstrating that these are among the first to have developed an
early form of administrative law. The present study revolves around
a particular expression that, in its most common form, reads
ḫīṭu ša šarri išaddad and can be translated as “he will
be guilty (of an offense) against the king.” The authors analyze
ninety-six documents, thirty-two of which have not been previously
published, discussing each text in detail, including the syntax of
this clause and its legal consequences, which involve the
delegation of responsibility in an administrative context. Placing
these documents in their historical and institutional contexts, and
drawing from the theories of Max Weber and S. N. Eisenstadt, the
authors aim to show that the administrative bureaucracy underlying
these documents was a more complex, systematized, and rational
system than has previously been recognized. Accompanied by
extensive indexes, as well as transcriptions and translations of
each text analyzed here, this book breaks new ground in the study
of ancient legal systems.
Religious courts have been part of the European legal landscape for
centuries. Almost all churches and religious communities have their
own judicial systems, often composed of courts or tribunals ordered
hierarchically. The aim of this book is to present cases from the
jurisprudence of the European Court of Human Rights, in which a
religious court was involved at the stage of domestic proceedings.
The twelve cases in question originate from a number of European
States, in which the applicants belonged to many denominations,
although predominantly Christian. The Court of Human Rights has
mainly been concerned with religious courts in terms of compliance
with the requirement for a fair hearing by an independent and
impartial tribunal under Article 6 of the European Convention of
Human Rights and has come to various conclusions. The most recent
judgment from September 2017, Nagy v. Hungary, and in particular
many associated dissenting opinions, demonstrate that the matter is
worthy of study, particularly in the contemporary context of
religious freedom.
The recognition and enforcement of legitimate expectations by
courts has been a striking feature of English law since R v North
and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213.
Although the substantive form of legitimate expectation adopted in
Coughlan was quickly accepted by English courts and received a
generally favourable response from public law scholars, the
doctrine of that case has largely been rejected in other common law
jurisdictions. The central principles of Coughlan have been
rejected by courts in common law jurisdictions outside the UK for a
range of reasons, such as incompatibility with local constitutional
doctrine, or because they mark an undesirable drift towards merits
review. The sceptical and critical reception to Coughlan outside
England is a striking contrast to the reception the case received
within the UK. This book provides a detailed scholarly analysis of
these issues and considers the doctrine of legitimate expectations
both in England and elsewhere in the common law world.
Combining history of science and a history ofuniversities with the
new imperial history, Universitiesin Imperial Austria 1848-1918: A
Social History of a Multilingual Space by Jan Surman analyzes the
practice of scholarly migration and its lastinginfluence on the
intellectual output in the Austrian part of the HabsburgEmpire. The
Habsburg Empire and its successor stateswere home to developments
that shaped Central Europe's scholarship well into the twentieth
century. Universities became centers of both state- and
nation-building,as well as of confessional resistance, placing
scholars if not in conflict,then certainly at odds with the neutral
international orientation of academe. By going beyond national
narratives, Surman reveals the Empire as a state with institutions
divided by language but united by legislation, practices, and other
influences. Such an approach allows readers a better view to how
scholars turned gradually away from state-centric discourse to form
distinct language communities after 1867; these influences affected
scholarship, and by examining the scholarly record, Surman tracks
the turn. Drawing on archives in Austria, the Czech Republic,
Poland, and Ukraine, Surman analyzes the careers of several
thousandscholars from the faculties of philosophy and medicine of a
number of Habsburguniversities, thus covering various moments in
the history of the Empire forthe widest view. Universities in
Imperial Austria 1848-1918 focuses on the tension between the
political and linguistic spaces scholars occupied and shows that
this tension did not lead to a gradual dissolution of the
monarchy's academia, but rather to an ongoing development of new
strategies to cope with the cultural and linguistic multitude.
From Moscow, the world looks different. It is through understanding
how Russia sees the world and its place in it that the West can
best meet the Russian challenge.Russia and the West are like
neighbors who never seem able to understand each other. A major
reason, this book argues, is that Western leaders tend to think
that Russia should act as a "rational" Western nation even though
Russian leaders for centuries have thought and acted based on their
country's much different history and traditions. Russia, through
Western eyes, is unpredictable and irrational, when in fact its
leaders from the czars to Putin almost always act in their own very
predictable and rational ways. For Western leaders to try to engage
with Russia without attempting to understand how Russians look at
the world is a recipe for repeated disappointment and frequent
crises. Keir Giles, a senior expert on Russia at Britain's
prestigious Chatham House, describes how Russian leaders have used
consistent doctrinal and strategic approaches to the rest of the
world. These approaches may seem deeply alien in the West, but
understanding them is essential for successful engagement with
Moscow. Giles argues that understanding how Moscow's leaders think
not just Vladimir Putin but his predecessors and eventual
successors will help their counterparts in the West develop a less
crisis-prone and more productive relationship with Russia.
This book argues that Oliver Wendell Holmes Jr., helps us see the
law through an Emersonian lens by the way in which he wrote his
judicial dissents. Holmes's literary style mimics and enacts two
characteristics of Ralph Waldo Emerson's thought: "superfluity" and
the "poetics of transition," concepts ascribed to Emerson and
developed by literary critic Richard Poirier. Using this aesthetic
style borrowed from Emerson and carried out by later pragmatists,
Holmes not only made it more likely that his dissents would remain
alive for future judges or justices (because how they were written
was itself memorable, whatever the value of their content), but
also shaped our understanding of dissents and, in this, our
understanding of law. By opening constitutional precedent to
potential change, Holmes's dissents made room for future thought,
moving our understanding of legal concepts in a more pragmatic
direction and away from formalistic understandings of law. Included
in this new understanding is the idea that the "canon" of judicial
cases involves oppositional positions that must be sustained if the
law is to serve pragmatic purposes. This process of
precedent-making in a common-law system resembles the construction
of the literary canon as it is conceived by Harold Bloom and
Richard Posner.
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