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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.
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.
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. Â
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.
Law Of Persons, now in its sixth edition, has become a standard text on the South African law of persons. The book was first published in 1995, just after the dawn of South Africa’s first democratic dispensation. The book constitutes a general and fully referenced source on the law of persons, and reflects the transformation of the law of persons in line with the values entrenched in the Constitution of the Republic of South Africa, 1996, with specific reference to the Bill of Rights.
First-year students will derive the most benefit from Law of Persons if the book is used in conjunction with the Law of Persons Sourcebook.
Contents Include:
- Table of Cases
- Table of Statutes
- Definition of concepts
- Beginning of legal subjectivity
- Domicile
- Effect of age on status
- Children of unmarried parents
- Diverse factors which influence status
- Termination of legal subjectivity
- Index
Can there be universal moral principles in a culturally and
religiously diverse world? Are such principles provided by a theory
of natural law? Jacques response to both questions is "yes".
These essays, selected from the writings of one of the most
influential philosophers of the past hundred years, provide a clear
statement of Maritain's theory of natural law and natural rights.
Maritain's ethics and political philosophy occupies a middle ground
between the extremes of individualism and collectivism. Written
during a period when cultural diversity and pluralism were
beginning to have an impact on ethics and politics, these essays
provide a defense of natural law and natural right that continues
to be timely.
The first essay introduces Maritain's theory of connatural
knowledge -- knowledge by inclination -- that lies at the basis of
his distinctive views on moral philosophy, aesthetics, and mystical
belief. The second essay gives Maritain's principal metaphysical
arguments for natural law as well as his account of how that law
can be naturally known and universally held.
The third essay in this collection explains the roots of the
natural law and shows how it provides a rational foundation for
other kinds of law and for human rights. In the fourth essay,
reflecting his personalism and integral humanism, Maritain
indicates how he extends his understanding of human rights to
include the rights of the civic and of the social or working
person.
Jewish law is a singular legal system that has been evolving for
generations. Often conflated with Biblical law or Israeli law,
Jewish law needs to be studied in its own right. An Introduction to
Jewish Law expounds the general structure of Jewish law and
presents the cardinal principles of this religious legal system. An
introduction to modern Jewish law as it applies to the daily life
of Jews around the world, this volume presents Jewish law in a way
that answers all the questions that a student of comparative law
would ask when encountering an unfamiliar legal system. Sources of
Jewish law such as revelation, rabbinical and communal legislation,
judicial decisions, and legal reasoning are defined and analyzed,
and the authority of who decides what Jewish law is and why their
decisions are binding is investigated.
Although congressional investigations have provided some of the
most dramatic moments in American political history, they have
often been dismissed as mere political theater. But these
investigations are far more than grandstanding. Investigating the
President shows that congressional investigations are a powerful
tool for members of Congress to counter presidential
aggrandizement. By shining a light on alleged executive wrongdoing,
investigations can exert significant pressure on the president and
materially affect policy outcomes. Douglas Kriner and Eric
Schickler construct the most comprehensive overview of
congressional investigative oversight to date, analyzing nearly
thirteen thousand days of hearings, spanning more than a century,
from 1898 through 2014. The authors examine the forces driving
investigative power over time and across chambers, identify how
hearings might influence the president's strategic calculations
through the erosion of the president's public approval rating, and
uncover the pathways through which investigations have shaped
public policy. Put simply, by bringing significant political
pressure to bear on the president, investigations often afford
Congress a blunt, but effective check on presidential
power--without the need to worry about veto threats or other
hurdles such as Senate filibusters. In an era of intense partisan
polarization and institutional dysfunction, Investigating the
President delves into the dynamics of congressional investigations
and how Congress leverages this tool to counterbalance presidential
power.
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