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Books > Law > Jurisprudence & general issues > Foundations of law

Law as an Artifact (Hardcover): Luka Burazin, Kenneth Einar Himma, Corrado Roversi Law as an Artifact (Hardcover)
Luka Burazin, Kenneth Einar Himma, Corrado Roversi
R2,435 Discovery Miles 24 350 Ships in 12 - 17 working days

This volume assembles leading scholars to examine how their respective theoretical positions relate to the artifactual nature of law. It offers a complete analysis of what is ontologically entailed by the claim that law - including legal systems, legal norms, and legal institutions - is an artifact, and what consequences, if any, this claim has for philosophical accounts of law. Examining the artifactual nature of law draws attention to the role that intention, function, and action play in the ontological structure of law, and how these attributes interact with rules. It puts the role of author and authorship at the center of its analysis of legal ontology, and widens the scope that functional analysis can legitimately have in legal theory, emphasizing how the content of law depends on how it is used. Furthermore, the appeal to artifacts brings to the fore questions about the significance of concepts for the existence of law, and makes available new tools for legal interpretation. The notion of artifactuality offers a starting point from which to approach the basic dilemma of whether it is meaningful to search for essential, necessary, and sufficient features of law, a question that in current legal theory is put when deciding what kind of enterprise legal theory is from a methodological point of view, namely whether it is descriptive or prescriptive. This volume unearths insights and observations of value to all those looking to deepen their understanding of how the law is understood and experienced.

Federalism and the Courts in Africa - Design and Impact in Comparative Perspective (Hardcover): Yonatan T. Fessha, Karl Koessler Federalism and the Courts in Africa - Design and Impact in Comparative Perspective (Hardcover)
Yonatan T. Fessha, Karl Koessler
R3,969 Discovery Miles 39 690 Ships in 12 - 17 working days

This volume examines the design and impact of courts in African federal systems from a comparative perspective. Recent developments indicate that the previously stymied idea of federalism is now being revived in the constitutional arrangements of several African countries. A number of them jumped on the bandwagon of federalism in the early 1990s because it came to be seen as a means to facilitate development, to counter the concentration of power in a single governmental actor and to manage communal tensions. An important part of the move towards federalism is the establishment of courts that are empowered to umpire intergovernmental disputes. This edited volume brings together contributions that first discuss questions of design by focusing, in particular, on the organization of the judiciary and the appointment of judges in African federal systems. They then examine whether courts have had a rather centralizing or decentralizing impact on the operation of African federal systems. The book will be of interest to researchers and policy-makers in the areas of comparative constitutional law and comparative politics.

The Roman Law Tradition (Hardcover): A.D.E. Lewis, D.J. Ibbetson The Roman Law Tradition (Hardcover)
A.D.E. Lewis, D.J. Ibbetson
R3,294 Discovery Miles 32 940 Ships in 12 - 17 working days

In The Roman Law Tradition an international team of distinguished legal scholars explores the various ways in which Roman law has affected and continues to affect patterns of legal decision-making throughout the world. Roman Law began as the local law of a small Italian city. It grew to dominate the legal relationships of the Mediterranean basin for the first five hundred years of our era. The revival of its study in the medieval universities led to its influencing the subsequent development of the legal system of western Europe and thereafter those parts of the rest of the World colonized from Europe. Roman legal ideas penetrated procedure as well as the substance of law and assisted the process of harmonization and codification of local customary laws. Techniques of legal reasoning which first emerge in Rome continue in daily use. Roman law was also of immense significance in the emergence of modern political thought.

Critical Legal Positivism (Hardcover, New Ed): Kaarlo Tuori Critical Legal Positivism (Hardcover, New Ed)
Kaarlo Tuori
R4,003 Discovery Miles 40 030 Ships in 12 - 17 working days

This profound and scholarly treatise develops a critical version of legal positivism as the basis for modern legal scholarship. Departing from the formalism of Hart and Kelsen and blending the European tradition of Weber, Habermas and Foucault with the Anglo-American contributions of Dworkin and MacCormick, Tuori presents the normative and practical faces of law as a multilayered phenomenon within which there is an important role for critical legal dogmatics in furthering law's self-understanding and coherence. Its themes also resonate with importance for the development of the European legal system.

Judging in Good Faith (Hardcover, New): Steven J. Burton Judging in Good Faith (Hardcover, New)
Steven J. Burton
R2,174 Discovery Miles 21 740 Ships in 12 - 17 working days

This book is concerned with the ethics of judging in courts of law. Professor Burton analyzes the grounds, content, and force of a judge's legal and moral duties to uphold the law. He defends two primary theses. The first is the good faith thesis, whereby judges are bound in law to uphold the law, even when they have discretion, by acting only on reasons warranted by the conventional law as grounds for judical decisions. The good faith thesis counters the common view that judges are not bound by the law when they exercise discretion. The second is the permissible discretion thesis, whereby, when exercised in good faith, judicial discretion is compatible with the legitimacy of adjudication in a constitutional democracy under the Rule of Law. The permissible discretion thesis counters the view that judges can fulfill their duty to uphold the law only when the law yields determinate results. Together, these two theses provide an original and powerful theory of adjudication in sharp contrast both to conservative theories that would restrict the scope of adjudication unduly, and to leftist critical theories that would liberate judges from the Rule of Law.

Regulating the Visible Hand? - The Institutional Implications of Chinese State Capitalism (Hardcover): Benjamin L. Liebman,... Regulating the Visible Hand? - The Institutional Implications of Chinese State Capitalism (Hardcover)
Benjamin L. Liebman, Curtis J. Milhaupt
R2,560 Discovery Miles 25 600 Ships in 12 - 17 working days

The economic and geopolitical implications of China's rise have been the subject of vast commentary. However, the institutional implications of China's transformative development under state capitalism have not been examined extensively and comprehensively. Regulating the Visible Hand? The Institutional Implications of Chinese State Capitalism examines the domestic and global consequences of Chinese state capitalism, focusing on the impact of state-owned enterprises on regulation and policy, while placing China's variety of state capitalism in comparative perspective. It first examines the domestic governance of Chinese state capitalism, looking at institutional design and regulatory policy in areas ranging from the environment and antitrust to corporate law and taxation. It then analyses the global consequences for the regulation of trade, investment and finance. Contributors address such questions as: What are the implications of state capitalism for China's domestic institutional trajectory? What are the global implications of Chinese state capitalism? What can be learned from a comparative analysis of state capitalism?

Limits Of Law - Essays On Democratic Governance (Paperback): Peter Schuck Limits Of Law - Essays On Democratic Governance (Paperback)
Peter Schuck
R1,827 Discovery Miles 18 270 Ships in 12 - 17 working days

Law is an increasingly pervasive force in our society. At the same time, however, the obstacles to law's effectiveness are also growing. In "The Limits of Law, " Yale law professor Peter H. Schuck draws on law, social science, and history to explore this momentous clash between law's compelling promise of ordered liberty and the realistic limits of its capacity to deliver on this promise.Schuck first discusses the constraints within which law must work--law's own complexity, the cultural chasms it must bridge, and the social diversity it must accommodate--and proceeds to consider the ways law uses regulatory, legislative, and adjudicatory processes to influence social behavior. He shows how politics shapes regulation, how regulation might incorporate individualized equity, and how it can best be reformed. Turning to legislation, he justifies a strong role for special interest groups, dissects the anatomy of purely symbolic statutes, and defends broad delegations of legislative power to regulatory agencies. On adjudication, Schuck analyzes the courts' efforts to advance social justice by controlling federal agencies, constitutionalizing politics, managing mass toxic tort disputes, and reforming public services and institutions. His concluding chapter draws together some general lessons about law's limits and possibilities for improving democratic governance.

Kinship, Law and Politics - An Anatomy of Belonging (Hardcover): Joseph E. David Kinship, Law and Politics - An Anatomy of Belonging (Hardcover)
Joseph E. David
R2,845 Discovery Miles 28 450 Ships in 12 - 17 working days

Why are we so concerned with belonging? In what ways does our belonging constitute our identity? Is belonging a universal concept or a culturally dependent value? How does belonging situate and motivate us? Joseph E. David grapples with these questions through a genealogical analysis of ideas and concepts of belonging. His book transports readers to crucial historical moments in which perceptions of belonging have been formed, transformed, or dismantled. The cases presented here focus on the pivotal role played by belonging in kinship, law, and political order, stretching across cultural and religious contexts from eleventh-century Mediterranean religious legal debates to twentieth-century statist liberalism in Western societies. With his thorough inquiry into diverse discourses of belonging, David pushes past the politics of belonging and forces us to acknowledge just how wide-ranging and fluid notions of belonging can be.

A Nation of Adversaries - How the Litigation Explosion is Reshaping America (Hardcover, Softcover Reprint Of The Original 1st... A Nation of Adversaries - How the Litigation Explosion is Reshaping America (Hardcover, Softcover Reprint Of The Original 1st Ed. 1997)
Patrick M. Garry
R1,460 Discovery Miles 14 600 Ships in 10 - 15 working days

"A book on a timely and powerful theme....While others have documented the damage that litigation does to our economy, Garry wants to show us its cost to our character as a nation". -- Walter Olson, Author, The Litigation Explosion

Throughout our history, America has been shaped by a series of transforming events and institutions -- the Pilgrims' Puritanism, the promise of Jacksonian democracy, the staggering rise of corporate capitalism, and the advent of electronic media. Today, a new strain of litigious behavior veers our culture away from the proverbial "melting pot" to one in which fellow citizens become bitter adversaries. Law is becoming the next American frontier where litigious pioneers try to stake out new opportunities for wealth and fame.

A Nation of Adversaries brilliantly examines how the litigation explosion has singed our culture by needlessly crowding courthouses and fueling the growth of the lawyer population. Dr. Patrick Garry, an expert on the effect of the courts on American society, insightfully points out how our increasingly litigant-oriented mindset is reinforcing a self-centered culture of undue expectation and entitlement. He offers a blistering look at litigation's invasion into our once formally mindful society. Anyone interested in new trends of human behavior, as well as professionals in sociology, the legal profession, behavior therapy, and clinical psychology, will find this a shrewd commentary on the creation of a new culture of identity in America.

Baker and Milsom Sources of English Legal History - Private Law to 1750 (Paperback, 2nd Revised edition): John Baker Baker and Milsom Sources of English Legal History - Private Law to 1750 (Paperback, 2nd Revised edition)
John Baker
R1,414 Discovery Miles 14 140 Ships in 12 - 17 working days

Baker and Milsom's Sources of English Legal History is the definitive source book on the development of English private law. This new edition has been comprehensively revised and udpated to incorporate new sources discovered since the original publication in 1986, and to reflect developments in recent scholarship. All the sources included are translated into modern English, offering an accessible inroad to the leading primary materials for students of the history of the common law. The sources themselves - revealing the operation of courts across a wide range of personal and economic disputes - offer a rich resource for historians researching the development of the English government, society, and economy. Their significance in shaping the common law spans beyond England, and ensures the collection is an essential reference point for all those interested in the history of the common law in any jurisdiction.

The Republic and The Laws (Paperback): Cicero The Republic and The Laws (Paperback)
Cicero; Translated by Niall Rudd; Introduction by Jonathan Powell, Niall Rudd
R241 R197 Discovery Miles 1 970 Save R44 (18%) Ships in 9 - 15 working days

`However one defines Man, the same definition applies to us all. This is sufficient proof that there is no essential difference within mankind.' (Laws l.29-30) Cicero's The Republic is an impassioned plea for responsible governement written just before the civil war that ended the Roman Republic in a dialogue following Plato. Drawing on Greek political theory, the work embodies the mature reflections of a Roman ex-consul on the nature of political organization, on justice in society, and on the qualities needed in a statesman. Its sequel, The Laws, expounds the influential doctrine of Natural Law, which applies to all mankind, and sets out an ideal code for a reformed Roman Republic, already half in the realm of utopia. This is the first complete English translation of both works for over sixty years and features a lucid Introduction, a Table of Dates, notes on the Roman constitution, and an Index of Names. ABOUT THE SERIES: For over 100 years Oxford World's Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more.

Common Law and Enlightenment in England, 1689-1750 (Hardcover, New): Julia Rudolph Common Law and Enlightenment in England, 1689-1750 (Hardcover, New)
Julia Rudolph
R2,645 Discovery Miles 26 450 Ships in 12 - 17 working days

A study of how English legal culture, with its strong emphasis on common law, engaged with the new ideas of the Enlightenment. This book explores how English legal culture, deeply imbued with the ideas and practices of common law, engaged with the new intellectual, institutional and cultural changes of the Enlightenment. It argues that common law survivedas an important part of English legal culture because it was able to meet the various challenges posed by Enlightenment rationalism and civic and commercial discourse. Drawing on works of jurisprudence, legal histories, manuals of law and notebooks of legal practice, and looking in detail at four pivotal, widely-discussed cases, the book illuminates the ways in which common law custom and tradition continued to be valued foundations for the authority of law, even during a period of political change, commercial growth and philosophical rationalism. Exploring the challenges to and adaptations within common law thinking in England in the late seventeenth and early eighteenth centuries, the book reveals that the common law played a much wider role beyond the legal world in shaping Enlightenment concepts. JULIA RUDOLPH is Associate Professor of History at North Carolina State University. She is the author of Revolution by Degrees: James Tyrrell and Whig Political Thought in the Late Seventeenth Century (Palgrave Macmillan, 2002), and of various articles on gender, crime, and the history of the book in early modern England. She has also edited a collection of theoretical and interdisciplinary essays entitled History and Nation (Bucknell University Press, 2006).

The African Metropolis - Struggles over Urban Space, Citizenship, and Rights to the City (Hardcover): Toyin Falola, Bisola... The African Metropolis - Struggles over Urban Space, Citizenship, and Rights to the City (Hardcover)
Toyin Falola, Bisola Falola
R3,985 Discovery Miles 39 850 Ships in 12 - 17 working days

On a planet where urbanization is rapidly expanding, nowhere is the growth more pronounced than in cities of the global South, and in particular, Africa. African metropolises are harbingers of the urban challenges that lie ahead as societies grapple with the fractured social, economic, and political relations forming within these new, often mega, cities. The African Metropolis integrates geographical and historical perspectives to examine how processes of segregation, marginalization, resilience, and resistance are shaping cities across Africa, spanning from Nigeria and Ghana to Kenya, Ethiopia, and South Africa. The chapters pay particular attention to the voices and daily realities of those most vulnerable to urban transformations, and to questions such as: Who governs? Who should the city serve? Who has a right to the city? And how can the built spaces and contentious legacies of colonialism and prior development regimes be inclusively reconstructed? In addition to highlighting critical contemporary debates, the book furthers our ability to examine the transformations taking place in cities of the global South, providing detailed accounts of local complexities while also generating insights that can scale up and across to similar cities around the world. This book will be of interest to students and scholars of African Studies, urban development and human geography.

Fighting for Justice - Common Law and Civil Law Judges: Threats and Challenges (Hardcover): Elizabeth Gibson-Morgan Fighting for Justice - Common Law and Civil Law Judges: Threats and Challenges (Hardcover)
Elizabeth Gibson-Morgan
R2,192 Discovery Miles 21 920 Ships in 12 - 17 working days

This is a time when the rule of law is seriously challenged, when governments threaten deliberately to break the law, and the independence of justice is jeopardised by unrelenting pressure from both the executive and the media. This book aims at contributing to restoring trust in judges as custodians of the law and justice, through a comparison between Civil and Common Law countries. It offers a rare opportunity to gather the expertise of eminent judges and legal authorities from five different countries, providing a unique insight into their work and the way they deliver justice based on their respective professional experience and practise of the law. Far from being a highly technical debate between experts, however, the book is accessible to students and the general public, and raises important contemporary legal issues that involve them both as citizens, with justice as a shared aspiration, and a common attachment to the rule of law.

The Pursuit of Justice (Hardcover): Lord Woolf The Pursuit of Justice (Hardcover)
Lord Woolf; Edited by Christopher Campbell-Holt
R2,338 Discovery Miles 23 380 Ships in 12 - 17 working days

Lord Woolf's judicial career has spanned four decades, culminating in five years as Lord Chief Justice. Now 26 of his most influential papers and lectures are published together for the first time. They present a remarkable overview and commentary on the judicial and legal reforms of recent decades, and span a huge range of issues including the rule of law and the constitution, the role of judges, access to justice, human rights, medicine, the environment, crime and penal reform. Each paper discusses the challenges that have arisen in English common law in recent times and the way they have been solved or attempted to be solved to ensure that justice is done - so that arrests and searches are made properly, that there are fair hearings, readily available lawful remedies, and the removal of unnecessary costs and delays. In his introductory chapter, Lord Woolf provides a fresh account of his current thinking on key legal areas resonating from the main topics and themes presented in the papers. The Pursuit of Justice offers an unparalleled insight into the views of one of the most influential figures in recent British legal history.

Whole Duty of Man According to the Law of Nature (Paperback): Samuel Pufendorf Whole Duty of Man According to the Law of Nature (Paperback)
Samuel Pufendorf; Edited by I. Hunter, D. Saunders
R359 R328 Discovery Miles 3 280 Save R31 (9%) Ships in 12 - 17 working days

Samuel Pufendorf's seminal work, "The Whole Duty of Man, According to the Law of Nature" (first published in Latin in 1673), was among the first to suggest a purely conventional basis for natural law. Rejecting scholasticism's metaphysical theories, Pufendorf found the source of natural law in humanity's need to cultivate sociability. At the same time, he distanced himself from Hobbes's deduction of such needs from self-interest. The result was a sophisticated theory of the conventional character of man's social persona and of all political institutions.Pufendorf wrote this work to make his insights accessible to a wide range of readers, especially university students. As ministers, teachers, and public servants, they would have to struggle with issues of sovereignty and of the relationship between church and state that dominated the new state system of Europe in the aftermath of the Peace of Westphalia (1648)."The Whole Duty" was first translated into English in 1691. The fourth edition was significantly revised--by anonymous editors--to include a great deal of the very important editorial material from Jean Barbeyrac's French editions. This was reproduced in the fifth edition from 1735 that is republished here. The English translation provides a fascinating insight into the transplantation of Pufendorf's political theory from a German absolutist milieu to an English parliamentarian one.Samuel Pufendorf (1632-1694) was one of the most important figures in early-modern political thought. An exact contemporary of Locke and Spinoza, he transformed the natural law theories of Grotius and Hobbes, developed striking ideas of toleration and of the relationship between church and state, and wrote extensive political histories and analyses of the constitution of the German empire.Jean Barbeyrac (1674-1744) was a Huguenot refugee who taught natural law successively in Berlin, Lausanne, and Amsterdam, and edited and translated into French the major natural law works of Grotius, Pufendorf, and Cumberland.Andrew Tooke (1673-1732) was headmaster of Chaterhouse School and professor of geometry at Gresham College, London.Ian Hunter is Australian Professorial Fellow in the Centre for the History of European Discourses, University of Queensland.David Saunders is Professor Emeritus in the Faculty of Arts at Griffith University.Knud Haakonssen is Professor of Intellectual History at the University of Sussex, England.

Brexit and Procurement Law (Hardcover): Catherine Maddox Brexit and Procurement Law (Hardcover)
Catherine Maddox
R1,666 Discovery Miles 16 660 Ships in 12 - 17 working days

Public procurement law, regulating public sector purchasing of certain contracts for goods, works and services, is an area of EU law which is closely intertwined with the UK's economy. It will almost inevitably be affected by the consequences of Brexit. At a time of significant uncertainty, this book explores policy directions which domestic procurement law could take in the future, including whether 'Buy National' policies might feasibly be introduced, or whether existing procurement procedures could be significantly reviewed.

Justice and Beauty in Muslim Marriage - Towards Egalitarian Ethics and Laws (Paperback): Ziba Mir-Hosseini, Mulki Al-Sharmani,... Justice and Beauty in Muslim Marriage - Towards Egalitarian Ethics and Laws (Paperback)
Ziba Mir-Hosseini, Mulki Al-Sharmani, Jana Rumminger, Sarah Marsso
R595 Discovery Miles 5 950 Ships in 9 - 15 working days

The model of marriage constructed in classical Islamic jurisprudence rests on patriarchal ethics that privilege men. This worldview persists in gender norms and family laws in many Muslim contexts, despite reforms introduced over the past few decades. In this volume, a diverse group of scholars explore how egalitarian marital relations can be supported from within Islamic tradition. Brought together by the Musawah movement for equality and justice in the Muslim family, they examine ethics and laws related to marriage and gender relations from the perspective of the Qur’an, Sunna, Muslim legal tradition, historical practices and contemporary law reform processes. Collectively they conceptualize how Muslim marriages can be grounded in equality, mutual well-being and the core Qur’anic principles of ‘adl (justice) and ihsan (goodness and beauty).

The Principles of Canon Law (Hardcover, New Ed): The Principles of Canon Law (Hardcover, New Ed)
R2,238 Discovery Miles 22 380 Ships in 10 - 15 working days

This book explains the nature of canon law and the principles of its interpretation and application.

Routledge Handbook of Maritime Regulation and Enforcement (Paperback): Robin Warner, Stuart Kaye Routledge Handbook of Maritime Regulation and Enforcement (Paperback)
Robin Warner, Stuart Kaye
R1,503 Discovery Miles 15 030 Ships in 12 - 17 working days

With advances in technology and maritime transport, human use of the ocean now extends beyond the traditional activities of navigation and fishing. Emerging activities such as bioprospecting, deep seabed mineral and hydrocarbon exploration and exploitation, offshore renewable energy developments and marine scientific probes of deep sea areas challenge the applicability of maritime law and policy in new ways. This handbook examines current regulatory and enforcement instruments and mechanisms for different sectors of maritime activity. Covering various jurisdictions, its specially commissioned chapters are authored by some of the world's foremost authorities on maritime law, and offer unique perspectives on maritime law, policy and practice. This highly relevant collection is organised into four parts: * International Law Considerations in Maritime Regulation and Enforcement * Role of States and other International Actors in Maritime Regulation and Enforcement * Regulation and Enforcement in Different Maritime Sectors * Current Issues and Future Challenges This comprehensive reference work will be of interest to scholars and students of maritime law, practitioners and non-lawyers interested in the regulation of offshore areas, as well as policy-makers.

A Short Introduction to the Common Law (Hardcover): Geoffrey Samuel A Short Introduction to the Common Law (Hardcover)
Geoffrey Samuel
R2,788 Discovery Miles 27 880 Ships in 12 - 17 working days

Geoffrey Samuel's distinctive approach is to present the English common law in the light of its history and its dominant ideas. A student will learn not only what are the major rules of private law and civil law procedure, but will grasp the spirit of the common law. He will thus learn why they exist in a particular form and how common lawyers make them work. Civilian terms are used to provide a guide for the student from a civil law system to understand the initially strange terms and approaches of the common lawyer. This book is clear and insightful. It should be read particularly by Masters students and those embarking on a doctorate involving study of the common law.' - John Bell, Pembroke College, UK'To write a good introduction to the common law aimed mainly at civil lawyers is a real challenge. One needs not only to master the common law, its history and its sociological backgrounds, but also to understand how the prospective readers think in their own civilian legal systems. With his longstanding teaching activities in civil law countries, his obvious deep knowledge of the historical roots of civil and common law, Geoffrey Samuel offers here a book which should be pressed into every hands across the civil law world. Finally, we get here an introduction to the common law truly written for civilian lawyers and students, which is easy to understand and thoughtful. A brilliant piece for which the author should be praised.' - Pascal Pichonnaz, University of Fribourg, Switzerland 'Common law has remained enigmatic for lawyers from the civil law legal culture. This book presents a wonderfully compact introduction to the English common law and explains concisely why it is as it is today. Geoffrey Samuel offers insightful and scholarly first-rate representation of those characteristics which stand out for the civil law lawyer. Clarifying and supporting diagrams are especially helpful for non-common law lawyers. Samuel's A Short Introduction to the Common Law is highly recommended for anyone looking for clear and fluently written basic insight into the common law and its historical foundation.' - Jaakko Husa, University of Lapland, Finland This book provides a short, accessible introduction to the English common law tradition, in particular to the civil process. It adopts an approach which explains the historical development of the common law institutions and procedures whilst also setting them in perspective through a comparative outlook. Aspects of the common law are contrasted on occasions with structural or functional equivalents (or near equivalents) in the civil law. The key topics covered include: the English civil courts (and other dispute resolution institutions and alternatives), civil procedure, remedies, sources of law, legal reasoning, legal education, legal theories, legal institutions and concepts and legal categories. In addition to textual description and analysis, the book makes frequent use of visual diagrams to explain and to illustrate aspects of the common law. Providing both an overview of the English common law and an insight into the legal mentality of common lawyers, the book will appeal both to first year law students as well as to continental jurists who are investigating the common law for the first time. Contents: Preface Introduction 1. Development of the English Courts 2. Development of the English Procedural Tradition 3. English Law Remedies 4. English Legal Education and English Legal Thought (1): Sources and Methods 5. English Legal Education and English Legal Thought (2): Academic Theories 6. Legal Institutions and Concepts in the Common Law (1): Persons and Things 7. Legal Institutions and Concepts in the Common Law (2): Causes of Action and Obligations Concluding Remarks Bibliography Index

Accommodating Muslims under Common Law - A Comparative Analysis (Paperback): Salim Farrar, Ghena Krayem Accommodating Muslims under Common Law - A Comparative Analysis (Paperback)
Salim Farrar, Ghena Krayem
R1,351 Discovery Miles 13 510 Ships in 12 - 17 working days

The book explores the relationship between Muslims, the Common Law and Shari'ah post-9/11. The book looks at the accommodation of Shari'ah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Shari'ah by looking at how the flexibilities that exists in both the Common Law and Shari'ah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Shari'ah is not necessarily one that requires the establishment of a separate and parallel legal system.

Wisdom-Laws - A Study of the Mishpatim of Exodus 21:1-22:16 (Hardcover, New): Bernard S. Jackson Wisdom-Laws - A Study of the Mishpatim of Exodus 21:1-22:16 (Hardcover, New)
Bernard S. Jackson
R8,265 R7,157 Discovery Miles 71 570 Save R1,108 (13%) Ships in 12 - 17 working days

We think of law as rules whose words are binding, used by the courts in the adjudication of disputes. Bernard S. Jackson explains that early biblical law was significantly different, and that many of the laws in the Covenant Code in Exodus should be viewed as "wisdom-laws." By this term, he means "self-executing" rules, the provisions of which permit their application without recourse to the law-courts or similar institutions. They thus conform to two tenets of the "wisdom tradition": that judicial dispute should be avoided, and that the law is a type of teaching, or "wisdom."

English Legal System Concentrate - Law Revision and Study Guide (Paperback, 2nd Revised edition): Mark Thomas, Claire McGourlay English Legal System Concentrate - Law Revision and Study Guide (Paperback, 2nd Revised edition)
Mark Thomas, Claire McGourlay
R468 Discovery Miles 4 680 Ships in 9 - 15 working days

English Legal System Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides help focus your revision and maximise your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases. Revision guides you can rely on: trusted by lecturers, loved by students... "I have always used OUP revision and Q&A books and genuinely believe they have helped me get better grades" - Anthony Poole, law student, Swansea University "The detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level" - Stephanie Lomas, law student, University of Central Lancashire "It is a little more in-depth than other revision guides, and also has clear diagrams and teaches ways to obtain extra marks. These features make it unique" - Godwin Tan, law student, University College London "The concentrate revision guides stand out against other revision guides" - Renae Haynes Williams, law student, Bangor University "The exam style questions are brilliant and the series is very detailed, prepares you well" - Frances Easton, law student, University of Birmingham "The accompanying website for Concentrate is the most impressive I've come across" - Alice Munnelly, law student, Kings College London Online Resources Packed with essential information, key cases, revision tips, exam Q&As, and more, English Legal System Concentrate is also supported by extensive online resources to take your learning further (www.oup.com/lawrevision/): - Pinpoint which areas you need to concentrate on with the diagnostic test - Test your knowledge with the multiple-choice questions and receive feedback on your answers - Improve your essay skills using the outline answers for guidance on what to include and how to structure your answer - Revise the facts and principles of key cases using the interactive flashcards - Learn the important terms and definitions using the interactive glossary - Check that you have covered the main points of a topic using the key facts checklists - Achieve better marks following the advice on revision and exam technique by experienced examiner Nigel Foster

Public Finance and Parliamentary Constitutionalism (Hardcover): Will Bateman Public Finance and Parliamentary Constitutionalism (Hardcover)
Will Bateman
R2,730 Discovery Miles 27 300 Ships in 12 - 17 working days

Public Finance and Parliamentary Constitutionalism analyses constitutionalism and public finance (tax, expenditure, audit, sovereign borrowing and monetary finance) in Anglophone parliamentary systems of government. The book surveys the history of public finance law in the UK, its export throughout the British Empire, and its entrenchment in Commonwealth constitutions. It explains how modern constitutionalism was shaped by the financial impact of warfare, welfare-state programs and the growth of central banking. It then provides a case study analysis of the impact of economic conditions on governments' financial behaviour, focusing on the UK's and Australia's responses to the financial crisis, and the judiciary's position vis-a-vis the state's financial powers. Throughout, it questions orthodox accounts of financial constitutionalism (particularly the views of A. V. Dicey) and the democratic legitimacy of public finance. Currently ignored aspects of government behaviour are analysed in-depth, particularly the constitutional role of central banks and sovereign debt markets.

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Natural Law and Legal Practice [1899]
Rene I. Holaind Hardcover R851 Discovery Miles 8 510
Tort Law and How It's Tied to Our…
Esq M Stuart Madden Hardcover R631 Discovery Miles 6 310
American Law - A Comparative Primer
Gerrit De Geest Paperback R676 Discovery Miles 6 760
Walden - On The Duty of Civil…
Henry David Thoreau Hardcover R572 Discovery Miles 5 720
Bloedbande
Jeanette Stals Paperback R320 R275 Discovery Miles 2 750

 

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