Your cart is empty
Toward an Islamic Reformation is an ambitious attempt to modernize Islamic law, calling for reform of the historical formulations of Islamic law, commonly known as Shari'a that is perceived by many Muslims to be part of the Islamic faith. As a Muslim, Abdullahi Ahmed An-Na'im is sensitive to and appreciative of the delicate relationship between Islam as a religion and Islamic law. Nevertheless, he considers that the questions raised here must be resolved if the public law of Islam is to be implemented today. An-Na'im draws upon the teachings and writings of Sudanese reformer Mahmoud Mohamed Taha to provide what some have called the intellectual foundations for a total reinterpretation of the nature and meaning of Islamic public law.
This is a study of what constituted legality and the role of law in ancient societies. Investigating and comparing legal codes and legal thinking of the ancient societies of Mesopotamia, Egypt, Greece, India, the Roman Republic, the Roman Empire and of the ancient Rabbis, this volume examines how people used law to create stable societies. Starting with Hammurabi's Code, this volume also analyzes the law of the pharaohs and the codes of the ancient rabbis and of the Roman Emperor Justinian. Focusing on the key concepts of justice equity and humaneness, the status of women and slaves, and the idea of criminality and of war and peace; no other book attempts to examine such diverse legal systems and legal thinking from the ancient world.
This unique book presents various ways in which evolutionary theory can contribute to the analysis of key legal-philosophical problems. Wojciech Zaluski explores three central questions; the ontological question - what is the nature of law?; the teleological-axiological question - what are the main values to be realized by law?; the normativity question, which has two aspects; normative: what explains the fact that legal norms provide reasons for action?, and motivational: what explains the fact that humans can be motivated by legal norms? It is argued that evolutionary theory suggests non-trivial answers to these questions, and that these answers can become the building blocks of a new - evolutionary - paradigm in legal philosophy. Being the first study entirely devoted to the analysis of fundamental legal-philosophical problems from the standpoint of evolutionary theory, this book is a must-read for graduate and postgraduate students, practitioners and philosophers in the field of legal philosophy.
This innovative volume offers a thorough breakdown of the issues surrounding takings compensation - payments made as reimbursement for government takeover of private property. Using examples from New York City and Taiwan, Yun-chien Chang discusses the advantages and disadvantages of different methods of compensation and offers insightful suggestions for future implementation. In an effort to fill the gaps in the current literature, the author identifies the five previously recognized types of compensation - zero, current value, fair market value, economic value and project value compensation - and uses a combination of previous research and new data to determine which is the most economically efficient. In doing so, he sets out a concrete methodology for the evaluation of takings compensation strategies that should prove vital to future policy decisions. Students and professors of law, economics and public policy will find much of interest in the author's careful analysis, as will policymakers and other government officials working on similar land use issues.
The translation and publication of Matthaeus' De Criminibus, which first appeared in 1644, was undertaken at the request of the South African Law Commission which is responsible for "making common-law authorities more readily available, or at any rate more intelligible" to those with little or no working knowledge of Latin.
The visual arts offer refreshing and novel resources through which to understand the representation, power, ideology and critique of law. This vibrantly interdisciplinary book brings the burgeoning field to a new maturity through extended close readings of major works by artists from Pieter Bruegel and Gustav Klimt to Gordon Bennett and Rafael Cauduro. At each point, the author puts these works of art into a complex dance with legal and social history, and with recent developments in legal and art theory. Manderson uses the idea of time and temporality as a focal point through which to explore how the work of art engages with and constitutes law and human lives. In the symmetries and asymmetries caused by the vibrating harmonic resonances of these triple forces - time, law, art - lies a way of not only understanding the world, but also transforming it.
Samuel Pufendorf was a pivotal figure in the early German Enlightenment and, along with Grotius, the great renewer of natural law theory. His version of voluntarist natural law theory had a major influence both on the European continent and in the English-speaking world, particularly Scotland and America. "An Introduction to the History of the Principal Kingdoms and States of Europe" was first translated in 1695 but has been rare in English since the late eighteenth century.Pufendorf's histories exhibit the core notions of his natural law theory by recounting the development and current, reciprocal relations of individual states as collective social agents engaged in securing their own and, thus, their members' interests, including self-preservation. Hence, his histories essentially functioned as vehicles for philosophical demonstration or justification. Moreover, by emphasizing empirical details and legitimating (in principle) the de facto politics of interest, these histories appealed strongly to the emerging nation-states of early modern Europe, which sought ratification of their external and internal actions, policies, and pedagogies. He based his account on the respective country's own historians and took care to describe its position from its own current and historical perspectives. It was a novel and appealing approach to political history, judging from the long and diverse publishing record of the work.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.Jodocus Crull (d. 1713/14) was a German emigre to England, a medical man, and a translator and writer.Michael J. Seidler is Professor of Philosophy at Western Kentucky University.Knud Haakonssen is Professor of Intellectual History at the University of Sussex, England.
Law and the State provides a political economy analysis of the legal functioning of a democratic state, illustrating how it builds on informational and legal constraints. It explains, in an organised and thematic fashion, how competitive information enhances democracy while strategic information endangers it, and discusses how legal constraints stress the dilemma of independence versus discretion for judges as well as the elusive role of administrators and experts. Throughout the book, empirical evidence and comparative studies illuminate sometimes provocative theoretical views on issues such as: the place of the rule of law in constitutional and banking systems; regulation of copyright, art and heritage; innovations and technologies of communication and information; terrorism and media manipulation. Both private and public law, applied and theoretical issues are covered comprehensively. Academics and researchers of law and economics and public choice will find much to challenge and inform them within this book.
Law and economics has arguably become one of the most influential theories in contemporary legal theory and adjudication. The essays in this volume, authored by both legal scholars and economists, constitute lively and critical engagements between law and economics and new institutional economics from the perspectives of legal and evolutionary theory. The result is a fresh look at core concepts in law and economics - such as 'institutions', 'institutional change' and 'market failure' - that offer new perspectives on the relationship between economic and legal governance. The increasingly transnational dimension of regulatory governance presents lawyers, economists and social scientists with an unprecedented number of complex analytical and conceptual questions. The contributions to this volume engage with legal theory, new institutional economics, economic sociology and evolutionary economics in an interdisciplinary assessment of the capacities and limits of the state, markets and institutions. Drawing as well upon legal sociology and the philosophy of law, the authors expand and transform the known terrain of 'law and economics' by applying evolutionary theory to both law and economics from a domestic and transnational perspective. Legal scholars, evolutionary and regulatory theorists, economists, economic sociologists, economic historians and political scientists will find this cutting-edge volume both challenging and engaging.
The inspiring idea of this workshop series, Artificial
Intelligence Approaches to the Complexity of Legal Systems (AICOL),
is to develop models of legal knowledge, concerning
Complexity and complex systems describe recent developments in AI and law, legal theory, argumentation, the Semantic Web, and multi-agent systems. The aim of the AICOL workshops is thus to offer effective support for the exchange of knowledge and methodological approaches between scholars from different scientific fields, by highlighting their similarities and differences. The comparison of multiple formal approaches to the law (such as logical models, cognitive theories, argumentation frameworks, graph theory, game theory), as well as opposite perspectives like internal and the external viewpoints, this volume stresses possible convergences, as, for instance, are possible in the realms of conceptual structures, argumentation schemes, emergent behaviors, learning evolution, adaptation, and simulation.
This volume assembles 15 thoroughly refereed and revised papers,
selected from two
The Research Handbook on Feminist Jurisprudence surveys feminist theoretical understandings of law, including liberal and radical feminism, as well as socialist, relational, intersectional, post-modern, and pro-sex and queer feminist legal theories. Featuring contributions from a diverse team of prominent scholars, this Research Handbook illuminates the ways in which feminist scholarship has enriched understandings of law's sometimes subordinating structures and the ways in which law can be interpreted or changed so as to promote the equality, liberty, wellbeing, and interests of women. The expert contributors offer a vast range of feminist perspectives on law, including liberal, radical, and post-modern feminism, and explore the implications of these theoretical stances for understandings of the nature of law, legal change, and the relationship between law and politics. Chapters analyse the influence of feminist legal theories on doctrinal areas of law including US constitutional and civil rights law, international law, and various areas of private law. This insightful book will be of interest to law students, legal scholars, and scholars of political and moral philosophy seeking to understand the entire body of feminist legal scholarship from the early 1970s to the present, as well as its variants, and relationships among different theoretical perspectives.
A towering and beloved figure in legal scholarship, Martha Minow explores the complicated intersection between law, justice and forgiveness. She asks if law should encourage individuals to forgive. And when the courts, public officials, and specific laws should forgive. With empathy and acumen, Minow acknowledges that there are certainly grounds for both individuals and societies to withhold forgiveness but argues that there are also many places where letting go of justified grievances can make law more just, not less. Forgiveness does not change the past but it does enlarge the future.
Though much attention has been paid to different principles of justice, far less has been done reflecting on what the larger concern behind the notion is. In this work, Mathias Risse proposes that the perennial quest for justice is about ensuring that each individual has an appropriate place in what our uniquely human capacities permit us to build, produce, and maintain, and is appropriately respected for the capacity to hold such a place to begin with. Risse begins by investigating the role of political philosophers and exploring how to think about the global context where philosophical inquiry occurs. Next, he offers a quasi-historical narrative about how the notion of distributive justice identifies a genuinely human concern that arises independently of cultural context and has developed into the one we should adopt now. Finally, he investigates the core terms of this view, including stringency, moral value, ground and duties of justice.
Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification.
Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice--freedom, democracy, equality, and toleration--and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues.
As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as J?rgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.
This book elaborates, illuminates, and illustrates a confident and attractive account of social and political liberalism in light of a rich understanding of flourishing and fulfilment rooted in a version of natural law theory. Examining issues in ethics, law, and politics - including consumer responsibility, the assignment of grades by teachers, deception by lawyers, war and empire, and the use of victim-impact statements in parole decisions - Gary Chartier shows how natural law theory can effectively support pluralism, diversity, social equality, integrity, peace, and freedom.
In the last half century, the rule of law has increasingly been appealed to as a common global value. The Handbook on the Rule of Law analyses the appeal of this idea, its context and background through a range of questions about the character, history and global reach of the rule of law, offering readers a definitive understanding of this central global norm. Original contributions from leading academics explore the rule of law conceptually and historically through its associated institutions, as well as examining detailed cases evaluating how the everyday application of the rule of law impacts society as a whole. Exploring a wide range of research on the social, political and economic dimensions of the rule of law, this Handbook clearly illustrates the link between the rule of law and the global political system. This informative Handbook will be key reading for postgraduate students of international relations, global politics and law, as well as for legal scholars wanting to build upon their knowledge with a wider account of the rule of law. Researchers in areas impacted by the rule of law will also find this volume to be stimulating reading.
The last fifty years have seen a notable expansion of philosophical scrutiny of the fundamental concepts and structures of Anglo-American criminal law and this volume offers a selection from journal articles and book chapters of significant and influential work in this field. Taken together, these essays illustrate how contemporary philosophical reflection on criminal law has broadened its focus beyond the longstanding and still active debate over the moral legitimacy of punishment. In addition to punishment, the subjects also covered in this collection range from excuse and justification defenses and the conundrums of attempt liability to the bases of culpability and criminal responsibility and the appropriate limits of the criminal law. The introduction clarifies the contexts in which these subjects are discussed, and the volume includes an extensive bibliography.
Game Theory and the Law is a collection of previously published articles in which ideas from game theory and the economics of asymmetric information are applied to legal issues. Game theory's method is to simplify a situation by describing it in terms of players, actions, payoffs, after which the players' strategic interactions can be described. Whether used explicitly or implicitly, this is a highly useful approach to law. This important volume collects together the classic articles on the subject together with surveys of the approach and illustrative examples of the use of game theory in law.
Readings in the Philosophy of Law brings together central texts on such topics as legal reasoning, the limits of individual liberty, responsibility and punishment, and international law. The included selections provide superb coverage of both classic and contemporary views, and are edited only lightly to allow readers to grapple with arguments in their original form. Culver and Giudice's clear, accessible introductions discuss key terms, claims, issues, and points of connection and disagreement. Readings are placed within their historical and social contexts, with analogies and examples emphasizing the continuing relevance of the arguments at issue. This third edition is updated to take account of the rise of legal pluralism, debates over judicial review of constitutional rights, anti-terrorism laws, hate crime, and non-state law at both regional and global levels.
An interdisciplinary work that comparatively studies rule of law practices and the relationship between the rule of law and regional integration, a topic largely explored in European integration. By looking at the function of the rule of law in ASEAN rather than what it 'means' measured on normative conception, the book situates the rule of law in broader institutional and political processes in the member states and in regional relations to show the motivations of member states in adopting a peculiar type of regional architecture. It asks whether forging the rule of law in the region can help build it internally for member states. The book revisits discourses on the 'spill-over' of economic integration, the impact of globalization in reshaping the state and generating new tools of the rule of law. It makes a comprehensive comparison - the European Union, Africa Union and MERCOSUR - showing the uneven pathways to rule of law in various contexts.
This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.
You may like...
Thom Brooks Hardcover R6,314 Discovery Miles 63 140
Law and Leviathan - Redeeming the…
Cass R. Sunstein, Adrian Vermeule Hardcover
Thom Brooks Hardcover R5,313 Discovery Miles 53 130
Ideals, Beliefs, Attitudes and the Law
Guido Calabresi Paperback R499 Discovery Miles 4 990
Jurisprudence - A South African…
In the shade of an African Baobab - Tom…
Christa Rautenbach Paperback
Shooting to Kill - The Ethics of Police…
Seumas Miller Paperback R1,106 Discovery Miles 11 060
Evaluating Academic Legal Research in…
Rob van Gestel, Andreas Lienhard Hardcover R3,483 Discovery Miles 34 830
The End of Law - How Law's Claims Relate…
David McIlroy Hardcover R2,045 Discovery Miles 20 450
Comparative Law as Critique
Gunter Frankenberg Hardcover R2,761 Discovery Miles 27 610