An exploration of the thirteenth-century law code known as Siete Partidas Conceived and promulgated by Alfonso X, King of Castile and Leon (r. 1252-1282), and created by a workshop of lawyers, legal scholars, and others, the set of books known as the Siete Partidas is both a work of legal theory and a legislative document designed to offer practical guidelines for the rendering of legal decisions and the management of good governance. Yet for all its practical reach, which extended over centuries and as far as the Spanish New World, it is an unusual text, argues Jesus R. Velasco, one that introduces canon and ecclesiastical law in the vernacular for explicitly secular purposes, that embraces intellectual disciplines and fictional techniques that normally lie outside legal science, and that cultivates rather than shuns perplexity. In Dead Voice, Velasco analyzes the process of the Siete Partidas's codification and the ways in which different cultural, religious, and legal traditions that existed on the Iberian Peninsula during the Middle Ages were combined in its innovative construction. In particular, he pays special attention to the concept of "dead voice," the art of writing the law in the vernacular of its clients as well as in the language of legal professionals. He offers an integrated reading of the Siete Partidas, exploring such matters as the production, transmission, and control of the material text; the collaboration between sovereignty and jurisdiction to define the environment where law applies; a rare legislation of friendship; and the use of legislation to characterize the people as "the soul of the kingdom," endowed with the responsibility of judging the stability of the political space. Presenting case studies beyond the Siete Partidas that demonstrate the incorporation of philosophical and fictional elements in the construction of law, Velasco reveals the legal processes that configured novel definitions of a subject and a people.

In this thought-provoking book, Mona Siddiqui reflects upon key themes in Islamic law and theology. These themes, which range through discussions about friendship, divorce, drunkenness, love, slavery and ritual slaughter, offer fascinating insights into Islamic ethics and the way in which arguments developed in medieval juristic discourse. Pre-modern religious works contained a richness of thought, hesitation and speculation on a wide range of topics, which were socially relevant but also presented intellectual challenges to the scholars for whom God's revelation could be understood in diverse ways. These subjects remain relevant today, for practising Muslims and scholars of Islamic law and religious studies. Mona Siddiqui is an astute and articulate interpreter who relays complex ideas about the Islamic tradition with great clarity. Her book charts her own journey through the classical texts and reflects upon how the principles expounded there have guided her own thinking, teaching and research.

In recent years the subject of freedom of expression has become a topic of heated debate. "Freedom of Expression in Islam" offers the first and only detailed presentation in English of freedom of expression from both the legal and moral perspectives of Islam. This work is a pioneering attempt in examining both the evidence on freedom of expression in the sources of the "Shari'ah" and the limitations, whether moral, legal or theological, that Islam imposes on the valid exercise of this freedom. "Freedom of Expression in Islam "is informative not only on the subject of the possibilities of freedom of expression within Islam, but also on the cultural tradition of Islam and its guidelines on social behaviour. "Freedom of Expression in Islam" is part of a series dedicated to the fundamental rights and liberties in Islam and should be read in conjunction with "The Dignity of Man: An Islamic Perspective" and "Freedom, Equality and Justice in Islam."

While scholars have long looked at the role of political Islam in the Middle East, it has been assumed that domestic politics in the wealthy monarchical states of the Arabian Gulf, so-called "rentier states" where taxes are very low and oil wealth subsidizes the needs of citizens, are largely unaffected by such movements. However, the long accepted rentier theory has been shortsighted in overlooking the socio-political role played by Muslim Brotherhood affiliates in the super-rentiers of Kuwait, Qatar, and the United Arab Emirates. While rentier state theory assumes that citizens of such states will form opposition blocs only when their stake in rent income is threatened, this book demonstrates that ideology, rather than rent, have motivated the formation of independent Islamist movements in the wealthiest states of the region. In the monarchical systems of Qatar and the UAE, Islamist groups do not have the opportunity to compete for power and therefore cannot use the ballot box to gain popularity or influence political life, as they do elsewhere in the Middle East. But, as this book points out, the division between the social and political sectors is often blurred in the socially conservative states of the Gulf, as political actors operate through channels that are not institutionalized. Simply because politics is underinstitutionalized in such states does not mean that it is underdeveloped; the informal realm holds considerable political capital. As such, the book argues that Brotherhood movements have managed to use the links between the social (i.e. informal personal networks) and political (i.e. government institutions) to gain influence in policymaking in such states.Using contemporary history and original empirical research, Courtney Freer updates traditional rentier state theory and argues that political Islam serves as a prominent voice and tool to promote more strictly political, and often populist or reformist, views supported by many Gulf citizens.

The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.

"The perfect book for the present moment. Prosecuting the President is magnificent." - David Marcus, Professor of Law, UCLA In this exceptionally timely book, law professor Andrew Coan explains what every American needs to know about special prosecutors - perhaps the most important and misunderstood public officials of our time. The first special prosecutor was appointed by President Ulysses S. Grant in 1875, to investigate a bribery scandal involving his close friends and associates. Ever since, presidents of both parties have appointed special prosecutors and empowered them to operate with unusual independence. Also called special counsels and independent counsels, such appointments became a standard method for neutralizing political scandals and demonstrating the President's commitment to the rule of law. Special counsel Robert Mueller is the latest example. In Prosecuting the President, Andrew Coan offers a highly engaging look at the long, mostly forgotten history of special prosecutors in American politics. For more than a century, special prosecutors have struck fear into the hearts of Presidents, who have the power to fire them at any time. How could this be, Coan asks? And how could the nation entrust such a high responsibility to such subordinate officials? With vivid storytelling and historical examples, Coan demonstrates that special prosecutors can do much to protect the rule of law under the right circumstances. Many have been thwarted by the formidable challenges of investigating a sitting President and his close associates; a few have abused the powers entrusted to them. But at their best, special prosecutors function as catalysts of democracy, channeling an unfocused popular will to safeguard the rule of law. By raising the visibility of high-level misconduct, they enable the American people to hold the President accountable. Yet, if a President thinks he can fire a special prosecutor without incurring serious political damage, he has the power to do so. Ultimately, Coan concludes, only the American people can decide whether the President is above the law.

Occupiers' liability is an area of tort law rich in statutory material and jurisprudence, having developed outside the framework of general negligence liability. It governs the duty of care which an occupier, landlord or builder owes to people who visit or trespass on their land. As the only text offering in depth analysis and commentary on the legislation and case law surrounding occupiers' liability, this book represents a key reference text for all those involved in advising on or researching this area. Each aspect of the law in this area is examined in detail, with the definitions of premises, occupiers, visitors, and trespassers analysed through a substantial body of case law. The types of harm which occupiers may be liable for and the available defences are also given detailed discussion. Further chapters are devoted to the specific provisions and precedents governing the scope of the statutory duty of care, liability of independent contractors, and the liability of occupiers to those who enter premises under contract. The text also covers the statutory regime and case law surrounding liability for defective premises under the Defective Premises Act 1972, which replaced provisions relating to this under the 1957 Occupiers' Liability Act. The book includes the full text of both the 1957 and the 1984 Occupiers' Liability Acts and of the Defective Premises Act 1972.

Provides an authoritative analytical and practical doctrinal consideration of the law relating to professional immunities in tort law. Dr Davies primarily focuses on English law with some coverage of other common law jurisdictions where cases and other materials are relevant. Professional obligations and liabilities play an important role in tort, with a limited number of professional and occupational groups considered to benefit from some 'immunity' from these. This essential text reviews the nature of immunities and considers the contexts in which the term is used before providing examples of those 'immune' professions with reference to case law and leading secondary commentary. It addresses the rationales and justifications for immunities and, more broadly, their interaction with general professional negligence and liability issues.

The history of the vexed relationship between clergy and warfare is traced through a careful examination of canon law. In the first millennium the Christian Church forbade its clergy from bearing arms. In the mid-eleventh century the ban was reiterated many times at the highest levels: all participants in the battle of Hastings, for example, who had drawn blood were required to do public penance. Yet over the next two hundred years the canon law of the Latin Church changed significantly: the pope and bishops came to authorize and direct wars; military-religious orders, beginning with the Templars, emerged to defend the faithful and the Faith; and individual clerics were allowed to bear arms for defensive purposes. This study examines how these changes developed, ranging widely across Europe and taking the story right up to the present day; it also considers the reasons why the original prohibition has never been restored. LAWRENCE G. DUGGAN is Professor of History at the University of Delaware and research fellow of the Alexander von Humboldt Foundation.

Die Autoren legen ein systematisch und alphabetisch gegliedertes Handbuch zum Recht der freien DienstvertrAge im BA1/4rgerlichen Gesetzbuch vor. Unter "freien Diensten" werden alle von A 611 BGB erfaAten Dienstleistungen verstanden, die nicht in den Bereich des Arbeitsrechts fallen. In der Dienstleistungsgesellschaft sind die freien DienstvertrAge ein bedeutsames und zugleich besonders dynamisches Gebiet des Zivilrechts. Das Handbuch erlAutert die freien DienstvertrAge anhand der Rechtsprechung und der Literatur. Die VertrAge mit A"rzten, GeschAftsleitern, RechtsanwAlten und Steuerberatern werden hervorgehoben behandelt in selbstAndigen Kapiteln mit eigenstAndiger Gliederung. Rund 100 weitere Vertragstypen werden in alphabetischer Anordnung dargestellt. Zu Beginn eines jeden Abschnitts ist die einschlAgige Spezialliteratur aufgefA1/4hrt. Haftungs- und Beweislastfragen kommt besonderes Gewicht zu. Ein umfangreiches Sachregister fA1/4hrt ergAnzend zur systematischen Gliederung zA1/4gig an die einschlAgige Fundstelle.

Getting to grips with law and policy can be daunting for beginning and established teachers alike. Law and Ethics for Australian Teachers provides an overview of the professional, legal and ethical issues teachers may encounter in the classroom and the broader school environment. This book breaks down the relevant case law, as well as state and territory legislation and policy, in an accessible way to help readers navigate these complex issues. It covers topics including duty of care and mandatory reporting, work health and safety issues, family court orders and parenting plans, suspensions and exclusions, and criminal law issues. Each chapter features case studies, definitions of key terms, detailed scenarios and end-of-chapter questions to help readers understand a wide range of professional issues. Written by a team of authors with both teaching and legal expertise, Law and Ethics for Australian Teachers is an essential resource for pre- and in-service teachers.

This is the definitive book on the legal and fiscal framework for civil society organizations (CSOs) in China from earliest times to the present day. Civil Society in China traces the ways in which laws and regulations have shaped civil society over the 5,000 years of China's history and looks at ways in which social and economic history have affected the legal changes that have occurred over the millennia.
This book provides an historical and current analysis of the legal framework for civil society and citizen participation in China, focusing not merely on legal analysis, but also on the ways in which the legal framework influenced and was influenced in turn by social and economic developments. The principal emphasis is on ways in which the Chinese people - as opposed to high-ranking officials or cadres -- have been able to play a part in the social and economic development of China through the associations in which they participate.
Civil Society in China sums up this rather complex journey through Chinese legal, social, and political history by assessing the ways in which social, economic, and legal system reforms in today's China are bound to have an impact on civil society. The changes that have occurred in China's civil society since the late 1980's and, most especially, since the late 1990's, are nothing short of remarkable. This volume is an essential guide for lawyers and scholars seeking an in depth understanding of social life in China written by one of its leading experts.

New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors? is the first book to comprehensively analyze, critique, and provide solutions for the new pleading regime in U.S. federal courts. In two recent decisions, the U.S. Supreme Court dramatically altered the pleadings landscape by imposing a version of fact pleading and merits screening--what the author calls "New Pleading"--that has not existed in the U.S. for 70 years.
The result of this abrupt regime change is a broad, significant, and adverse effect on litigant access to civil justice. But because of its nascence, no scholar has provided a comprehensive, doctrinal, theoretical, and prospective look at what it means for U.S. federal civil procedure, both in the United States and in the larger global community. This book takes on that task. It synthesizes a theoretical account of New Pleading, argues that New Pleading is inconsistent with a system of procedural justice, and provides two distinct solutions for rectifying the inconsistency: return to Old Pleading or the adoption of "New Discovery." Finally, this volume situates New Pleading and the solutions the author advocates in a wider international comparative context.

In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, and domestic. Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.

This book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals.

The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim. This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business. As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.

Author Marshall S. Shapo presents the argument that the body of law Americans have developed concerning responsibility for injuries and prevention of injuries has some of the qualities of a constitution--a fundamental set of principles that govern relations among people and between people and corporate and governmental institutions. This 'injury law constitution' includes tort law, legislative compensation systems like workers compensation, and the many statutes that regulate the safety of risky activities and of products ranging from drugs and medical devices to automobiles and cigarettes. An Injury Law Constitution presents a novel thesis that embraces leading features of the American law of injuries. Professor Shapo's analysis, into which he weaves the history of these varied systems of law, links them to the unique compensation plan devised for the victims of the September 11th attacks on the World Trade Center. Professor Shapo examines how our injury law reflects deeply held views in American society on risk and injury, indicating how the injury law constitution serves as a guide to the question of what it means to be an American. Refusing to accept easy academic formulas, An Injury Law Constitution captures the reality of how people respond to injury risks in functional contexts involving diverse activities and products.

In the critical period when Islamic law first developed, a new breed of jurists developed a genre of legal theory treatises to explore how the fundamental moral teachings of Islam might operate as a legal system. Seemingly rhetorical and formulaic, these manuals have long been overlooked for the insight they offer into the early formation of Islamic conceptions of law and its role in social life. In this book, Rumee Ahmed shatters the prevailing misconceptions of the purpose and form of the Islamic legal treatise. Ahmed describes how Muslim jurists used the genre of legal theory to argue for individualized, highly creative narratives about the application of Islamic law while demonstrating loyalty to inherited principles and general prohibitions. These narratives are revealed through careful attention to the nuanced way in which legal theorists defined terms and concepts particular to the legal theory genre, and developed pictures of multiple worlds in which Islamic law should ideally function. Ahmed takes the reader into the logic of Islamic legal theory to uncover diverse conceptions of law and legal application in the Islamic tradition, clarifying and making accessible the sometimes obscure legal theories of central figures in the history of Islamic law. The book offers important insights about the ways in which legal philosophy and theology mutually influenced premodern jurists as they formulated their respective visions of law, ethics, and theology. The volume is the first in the Oxford Islamic Legal Studies series. Satisfying the growing interest in Islam and Islamic law, the series speaks to both specialists and those interested in the study of a legal tradition that shapes lives and societies across the globe. The series features innovative and interdisciplinary studies that explore Islamic law as it operates in shaping private decision making, binding communities, and as domestic positive law. The series also sheds new light on the history and jurisprudence of Islamic law and provides for a richer understanding of the state of Islamic law in the contemporary Muslim world, including parts of the world where Muslims are minorities.

A dynamic account of the practice of Islamic law, this book focuses on the actions of a particular legal official, the muhtasib, whose vast jurisdiction included all public behavior. In the cities of Cairo and neighboring Fustat during the Mamluk period (1250-1517), the men who held the position of muhtasib acted as regulators of markets and public spaces generally. They traversed their jurisdictions carrying out the duty to command right and forbid wrong, and were as much a part of the legal landscape as the better-known figures of judge and mufti. Taking directions from the rulers, the sultan foremost among them, they were also guided by legal doctrine as formulated by the jurists, combining these two sources of law in one face of authority. The daily workings of the law are illuminated by the reports of the muhtasib in the vivid Mamluk-era chronicles, which often also captured the responses of the individuals who encountered the official. The book is organized around actions taken by the muhtasib in the areas of Muslim devotional and pious practices; crimes and offenses; the management of Christians and Jews; market regulation and consumer protection; the specific markets for essential bread; currency and taxes; and public order. The case studies presented show that while legal doctrine was clearly relevant to the muhtasib's actions, the policy demands of the sultan were also quite significant, and rules from both sources of authority intersected with social, political, economic, and personal factors to create full and vibrant scenarios that reveal the practice of Islamic law.

This book fills gaps in the exploration of the protection of cultural heritage in armed conflict based on the World Heritage Convention. Marina Lostal offers a new perspective, designating a specific protection regime to world cultural heritage sites, which is so far lacking despite the fact that such sites are increasingly targeted. Lostal spells out this area's discrete legal principles, providing accessible and succinct guidelines to a usually complex web of international conventions. Using the conflicts in Syria, Libya and Mali (among others) as case studies, she offers timely insight into the phenomenon of cultural heritage destruction. Lastly, by incorporating the World Heritage Convention into the discourse, this book fulfills UNESCO's long-standing project of exploring 'how to promote the systemic integration between the [World Heritage] Convention of 1972 and the other UNESCO regimes'. It is sure to engender debate and cause reflection over cultural heritage and protection regimes.

In recent years, a number of global claims have failed because they were presented without any systematic analysis, justification or proper calculation of losses. Hence, "Global Claims in Construction" highlights these issues as well as the importance of understanding causation, factual necessity and the courts' attitude and approach to global claims.
"Global Claims in Construction" addresses the principles of global claims and their calculation methodologies in detail through extensive references to literature, case law and a real world case study. It aims to be a valuable resource for professionals working in the construction industry, as well as students in construction and engineering."

Can Islamic finance save the global system? Islamic Finance and the New Financial System describes how the adoption of Islamic finance principles in future regulatory decisions could help prevent future shocks in the global financial system. Using illustrations and examples to highlight key points in recent history, this book discusses the causes of financial crises, why they are becoming more frequent and increasingly severe, and how the new financial system will incorporate elements of Islamic finance whether deliberately or not. With an introspective look at the system and an examination of the misconceptions and deficiencies in theory vs. practice, readers will learn why Islamic finance has not been as influential as it should be on the larger global system. Solutions to these crises are thoroughly detailed, and the author puts forth a compelling argument about what can be expected in the future. Despite international intervention and global policy changes, the financial system remains in a fragile state. There is an argument to be made about integrating Islamic finance into the new system to facilitate stronger resilience, and this book explains the nuts and bolts of the idea while providing the reader with a general understanding of Islamic finance. * Understand the key principles of Islamic finance * Examine the history of the current financial system * Discover how Islamic finance can help build a new debt-free economy * Learn how Islamic finance theory doesn't always dictate practice Although Islamic finance is a growing market, it is still a foreign concept to many. Those within the Islamic finance circles wonder why the system has yet to gain broader appeal despite its ability to create a strong and well-balanced economy. Islamic Finance and the New Financial System provides clever analysis and historical background to put the issues into perspective.