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Books > Law > Jurisprudence & general issues > Foundations of law > General
The Crimean Khanate was often treated as a semi-nomadic,
watered-down version of the Golden Horde, or yet another vassal
state of the Ottoman Empire. This book revises these views by
exploring the Khanate's political and legal systems, which combined
well organized and well developed institutions, which were rooted
in different traditions (Golden Horde, Islamic and Ottoman).
Drawing on a wide range of sources, including the Crimean court
registers from the reign of Murad Giray (1678-1683), the book
examines the role of the khan, members of his council and other
officials in the Crimean political and judicial systems as well as
the practice of the Crimean sharia court during the reign of Murad
Giray.
Building on earlier work in the anthropology of law and taking a
critical stance toward it, June Starr and Jane F. Collier ask,
"Should social anthropologists continue to isolate the 'legal' as a
separate field of study?" To answer this question, they confront
critics of legal anthropology who suggest that the subfield is
dying and advocate a reintegration of legal anthropology into a
renewed general anthropology. Chapters by anthropologists,
sociologists, and law professors, using anthropological rather than
legal methodologies, provide original analyses of particular legal
developments. Some contributors adopt an interpretative approach,
focusing on law as a system of meaning; others adopt a
materialistic approach, analyzing the economic and political forces
that historically shaped relations between social groups.
Contributors include Said Armir Arjomand, Anton Blok, Bernard Cohn,
George Collier, Carol Greenhouse, Sally Falk Moore, Laura Nader,
June Nash, Lawrence Rosen, June Starr, and Joan Vincent.
This work seeks to determine the roles played by the paramount
judiciary in the Indian polity between 1937 and 1964. The
discussion starts with an examination of the Federal Court, the
establishment of which in 1937 brought into existence Indias first
central judicial institution. After a consideration of events
leading to the creation of the Federal Court, the nature of its
jurisdiction and representative decisions are analysed. Other
matters considered include the relationship of the Federal Court
with the Privy Council, and the unsuccessful efforts made to
empower the Federal Court with a jurisdiction to hear civil
appeals. In addition, the major part of this work is devoted to the
present Supreme Court of India, which replaced the Federal Court in
1950. After discussing the general features of the new judicial
establishment, attention is focused upon the nature of its review
powers and the manner in which the Court can exercise these powers.
Against the background of debates in the Constituent Assembly that
reflect the attitudes of the Constitution-makers towards judicial
review, the important decisions which provoked clashes between the
judges and politicians have been analysed.
The Continuity of Legal Systems in Theory and Practice examines a
persistent and fascinating question about the continuity of legal
systems: when is a legal system existing at one time the same legal
system that exists at another time? The book's distinctive approach
to this question is to combine abstract critical analysis of two of
the most developed theories of legal systems, those of Hans Kelsen
and Joseph Raz, with an evaluation of their capacity, in practice,
to explain the facts, attitudes and normative standards for which
they purport to account. That evaluation is undertaken by reference
to Australian constitutional law and history, whose diverse and
complex phenomena make it particularly apt for evaluating the
theories' explanatory power. In testing whether the depiction of
Australian law presented by each theory achieves an adequate 'fit'
with historical facts, the book also contributes to the
understanding of Australian law and legal systems between 1788 and
2001. By collating the relevant Australian materials systematically
for the first time, it presents the case for reconceptualising the
role of Imperial laws and institutions during the late nineteenth
and early twentieth centuries, and clarifies the interrelationship
between Colonial, State, Commonwealth and Imperial legal systems,
both before and after Federation.
Legal education systems, like legal systems themselves, were framed
across Asia without exception according to foreign models. These
reflect the vestiges of colonialism, and can be said to amount to
imitating the style and purposes of legal education typical in
Western and relatively "pure" common law and civilian systems.
Today, however, we see Asian legal education coming into its own
and beginning to accept responsibility for designing curricula and
approaches that fit the region's particular needs. This book
explores how conventional "transplanted" approaches as regards
program design as well as modes of teaching are, or are on the cusp
of being, reimagined and discerns emerging home-grown traces of
innovation replacing imitation in countries and universities across
East Asia.
To honour this great scholar, this book gathers essays from
admirers and friends who add their own contributions on legal
pluralism, transnationalism and culture in Asia. The book opens
with an account of M.B. Hooker colourful and prolific career. The
authors then approach legal pluralism through legal theory, legal
anthropology, comparative law, law and religion, constitutional
law, even Islamic art, thus reflecting the broad approaches of
Professor Hooker's scholarship. While most of the book focuses
mainly on Southeast Asia, it also reaches out to all of Asia up to
Israel, and even includes a chapter comparing Indonesia and Egypt.
In this now classic text, December Green and Laura Luehrmann show
how history, economics, and politics converge to create the
realities of life in the Global South. The authors offer an
innovative blend of theory and empirical material as they introduce
the politics of what was once called the “third world.” They
consistently link theoretical concepts to a set of eight
contemporary case studies: China, Egypt, Indonesia, Iran, Mexico,
Nigeria, Peru, and Zimbabwe. Features of the fourth edition,
revised and updated from cover to cover, include: • An entirely
new case study, Egypt. • Analysis of the status of regime
transitions around the world. • A “report card” on the
Millennium Development Goals. • Attention to the UN Global Goals
for Sustainable Development and the New Development Bank. • More
discussion of contentious politics, social mobilization and
everyday forms of resistance. • New material on such continuing
challenges as migration, human trafficking, weapons proliferation,
pandemic diseases, and the impact of climate change. • An
assessment of continuity and change in `international relations,
with particular attention to policies during the Obama presidency
and the significance for the Global South of the new US
administration. The result is a text that has been successfully
designed to challenge students’ preconceptions, arouse their
curiosity, and foster critical thinking.
Brad's passion for nursing home abuse cases stems from a personal
tragedy that happened to a member of his family. Brad's goal in his
work and for this book is to prevent the same type of tragedy from
happening to others. This step by step guide provides practical
guidance for families with relatives in nursing homes.
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