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.

The use of military commissions to try suspected terrorists has been the focus of intense debate since President Bush issued his original Military Order authorising such trials in November, 2001. The Military Order specified that persons subject to it would have no recourse in the U.S. court system to appeal a verdict or obtain any other sort of relief, but the Supreme Court essentially invalidated that provision in its 2004 opinion, Rasul v. Bush. In response, Congress enacted the Detainee Treatment Act of 2005 (DTA). This book provides a background and analysis comparing military commissions as envisioned under the revised Military Commissions Act (MCA) to those established by the MCA 2006. After reviewing the history of the implementation of military commissions in the "global war on terrorism", this book provides an overview of the procedural safeguards provided in the MCA.

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.

In "A Common Justice" Uriel I. Simonsohn examines the legislative response of Christian and Jewish religious elites to the problem posed by the appeal of their coreligionists to judicial authorities outside their communities. Focusing on the late seventh to early eleventh centuries in the region between Iraq in the east and present-day Tunisia in the west, Simonsohn explores the multiplicity of judicial systems that coexisted under early Islam to reveal a complex array of social obligations that connected individuals across confessional boundaries. By examining the incentives for appeal to external judicial institutions on the one hand and the response of minority confessional elites on the other, the study fundamentally alters our conception of the social history of the Near East in the early Islamic period.Contrary to the prevalent scholarly notion of a rigid social setting strictly demarcated along confessional lines, Simonsohn's comparative study of Christian and Jewish legal behavior under early Muslim rule exposes a considerable degree of fluidity across communal boundaries. This seeming disregard for religious affiliations threatened to undermine the position of traditional religious elites; in response, they acted vigorously to reinforce communal boundaries, censuring recourse to external judicial institutions and even threatening transgressors with excommunication.

The only book that offers all the business information creative event professionals need to start an event business and operate it legally, efficiently, and in a totally professional manner.

• Starting an event business
• Buying an event business
• Partners and shareholders
• Financing with banks and leasing companies
• Planning
• Operating an event business
• Client service
• Contracts
• Employee issues
• Insurance
• Labor unions
• Landlord-tenant issues
• Trucking
• Intellectual property
• Accounting
• Legal liability
• Ethics
• Exit strategy

"Beyond the glamour of running an event business lie the challenges of contracts, insurance, and labor unions; David’s unique book turns the passion of events into a smartly run business."
–John Baragona, Publisher/President, Event Solutions magazine

"David Sorin mines his extensive experience in special events to give clear, in-depth information about crucial business issues that no event professional can afford to ignore. The Special Events Advisor is a rich resource for both industry newcomers and veterans."
–Lisa Hurley, Editor, Special Events Magazine

"The Special Events Advisor is an impressive work that should be on every event planner’s bookshelf."
–Richard Aaron, CMP, CSEP, and President, BizBash Media

"It is great to have a book about business practices relevant to the special events industry specifically. The Special Events Advisor is an essential tool both for those starting a special events business and for event professionals who want to review their business practices. Highly recommended!"
–Alice Conway, CSEP, Director, The Event Management Certificate Program, The George Washington University

This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment. Edgardo Sobenes is an international lawyer and consultant in international law (ESILA), Sarah Mead is a lawyer specialising in international environmental and human rights law, and Benjamin Samson is a researcher at the Universite Paris Nanterre and consultant in international law.

This unique and timely book analyses the problem of financing civil litigation. The expert contributors discuss the legal possibilities and difficulties associated with several instruments ? including cost shifting, fee arrangements, legal expense insurance and group litigation. The authors assess the impact of these instruments from a law and economics perspective and provide empirical information on the way in which they work in practice. A transatlantic perspective on financing civil litigation is also provided. New Trends in Financing Civil Litigation in Europe reveals that as well as improving access to justice, several instruments have the potential to screen cases based on their quality. The book also shows how the choice of instrument can affect the behaviour of actors throughout the litigation process.This insightful book will appeal to academics and postgraduates in the fields of private law and law and economics. Law firms and insurance companies offering legal expense insurance will also find this book a valuable read.

The formative commentary on the new Civil Code vested with the authority of the code s authors. PD Dr. Jan Thiessen"

The book analyzes the most relevant developments in the relation between contracts and technology, from automatically concluded contracts to today's revolutionary "smart contracts" developed through blockchain, which are beginning to and will increasingly disrupt many economic and social relations. First of all, the author offers a broad analysis of the peculiarities and evolution of the relation between contracts and technology. The main features and elements of electronic contracts are then examined in depth to highlight the specific rules applicable to them in the international comparative legal framework. In turn, the book provides a detailed explanation of the technology, economic and social dynamics, and legal issues concerning blockchain and smart contracts. The analysis focuses on the question of the legal nature of smart contracts, the issues posed by their development and the first legal solutions adopted in some countries. The comparative approach pursued makes it possible to focus attention on the first solutions adopted until now in various systems, with particular regard to the circulation of models and ideas and to the specificities of their local variations, in terms of e.g. applicable law and jurisdiction. In reviewing the characteristics of distributed ledger technologies, and in particular of the blockchain technology on which smart contracts are based, above all the peculiarities of the latter are taken into consideration, especially automatic execution and resistance to tampering, which simultaneously present significant opportunities and complex legal issues. A comprehensive framework is then provided to reconcile smart contracts with comparative contract law, in order to define the scope and specificities of their binding force, legal effectiveness and regulation in various legal systems. Lastly, with specific reference to the elements, pathologies and contractual remedies for smart contracts, the book examines the peculiarities of their application and the main issues that emerge in comparative contract law in order to promote their harmonized use, in keeping with the transnational nature of such a revolutionary tool.

This book states that sustainable development has become an influential discourse worldwide. Climate change is not only an urgent problem, but it is also a fundamental spiritual question concerning social justice and sustainable peace development as well as solidarity among people of various religious backgrounds and different countries. Thus, this global problem must be faced and recognized for future actions and strategies. However, the politics of fear must be replaced with a culture of peace, hope, and compassion, and this urgent problem must be faced with an optimistic attitude and a certain degree of preparedness. Climate change is evident in many forms, such as, for example, the most obvious-recent weather fluctuations that happen around the world. Floods, droughts, and hurricanes are those visible signs of climate change. Human-caused climate change is projected to greatly impact marine, freshwater, and terrestrial life. Temperatures in Alaska and the Arctic have increased over the last 50 years at a rate more than twice as fast as the global average temperature. Poor people are vulnerable to man-made climate change and respond rapidly to its impacts. Diverse knowledge of and approaches to climate change help understand this growing problem; global average air temperature has increased in the recent past by approximately 1.0 DegreesC (1.8 DegreesF). According to the Climate Science Special Report, the last several years have been record-breaking, and the period of 1901-2016 is the warmest. Greenhouse gas (GHG) emissions are still rising, with damaging effects on the Earth's climate. At the moment, the concentration of CO2 is higher than at any point in time-at least the past 800,000 years. However, carbon dioxide (CO2) is not the only GHG that impacts human-induced climate change.

This book is the first of its kind to provide a critical overview and theoretical analysis of the Circular Economy from Shariah and Islamic Finance perspectives. The book is divided into three parts. The contributing authors pay close attention to Islamic Finance in light of sustainability and value creation. It also includes case studies on the Circular Economy application in Islamic Finance industry. The book is of interest to academics, students, and practitioners on Islamic Economics and Finance who have an interest in understanding the Circular Economy under the lens of Islamic Finance principles and applications.

Although each main-set volume of Terrorism: 1st Series contains its own volume-specific index, this comprehensive Index places all the Index info from the last fifty main-set volumes into one index volume. Furthermore, the volume-specific indexes are only subject indexes, whereas five different indexes appear within this one comprehensive index: the subject index, an index organized according to the title of the document, an index based on the name of the document's author, an index correlated to the document's year, and a subject-by-year index. This one all-encompassing Index thus provides users with multiple ways to conduct research into four years' worth of Terrorism: 1st Series volumes.

This book brings together some of the most respected Asian and Australasian experts on medical liability to provide insightful perspectives on civil and criminal law from selected Australasian jurisdictions. It focuses on the idiosyncrasies of the existing law and case law in this part of the world with regard to medical liability, adopting a comparative and critical perspective. The aim is to provide an overview of the basic elements of medical liability in Asian and Australian jurisdictions, as well as the latest developments and general trends in jurisprudence. Given the broad range of jurisdictions covered, the book offers lawmakers, health administrators and practitioners, both in law and medicine, an alternative approach to the delivery of health care. Further, it is essential reading for all those (academics, lawyers, judges, researchers, practicing doctors and those involved in the growing area of legal medicine) working in medical liability, specially in the Australasian context.

This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike.
The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.

To most Americans, the law--especially noncriminal (civil) law--is a mystery that only someone with a law degree can solve. With a masterful mixture of explanatory text, real cases showing the law at work, and the reflections of important historical and contemporary legal thinkers, "Understanding Law in a Changing Society" renders the complexity of law at a level that everyone can understand. The book walks students through the structure of the legal system, different divisions of civil law, and the core concepts and distinctions that underlie contemporary legal thought. It also provides insight into the way law and social change effect one another.In this revised and updated third edition, important developments in judicial selection, the state secrets doctrine, and family law (including same-sex marriage, child custody, and unwed fathers' rights) are highlighted.Author team This distinguished author team includes scholars and award-winning teachers from political science and public justice, as well as one who has practiced law in a private setting before joining the scholarly world.Multidisciplinary appeal Over the years, this text has been a reliable one for a variety of courses in a variety of departments introducing the American court system to students in political science, pre-law, criminal justice, and law & society courses.Features In the new edition, the authors have provided updated information for every chapter in a compact introduction to the text. Updates include new cases, readings, discussion questions, legal terms to know, further readings, and "You Be the Judge" items--all the features (including chapter objectives) that have made this text stand out from its inception.Updates Highlights of the updates include important developments in judicial selection, the state secrets doctrine, and family law including same-sex marriage, child custody, and unwed fathers' rights.New Features In addition, this edition includes for the first time annotated Websites for legal studies and a full text Glossary. This website for the book includes live links to the new sites in the book.How to Brief a Case For students new to law who may find the case format intimidating, the text opens with a section explaining step by step how to approach this task.Distinctiveness What sets this text apart from others you may consider? We think that its combination of casebook, reader, and basic text material is skillfully and uniquely woven together in a presentation designed for student interest and comprehension. Fascinating cases have been edited and introduced at just the right pitch and level. Students will come away with a solid understanding not just of the rule of law, but of how it works. The process of legal decisionmaking is at least as important as the laws themselves, for understanding the process helps students deal with complexity and inevitable change in the system.Finally, even with the new material and updates, this text is more compact than other introductory texts, offered in paperback, and competitively priced. In addition to its many other attributes, students will appreciate this text Websites from the Revised and Updated Third Edition

This book provides a critical study of environmental regulation and its enforcement in New Zealand, situated within green criminology. It seeks to address the question of whether the offences in the Resource Management Act 1991 are 'working', by drawing on a range of sources including: central government data, local government policies and reports on enforcement, information requests of councils, studies of local authority enforcement behaviour and case law to. Through highly layered and richly textured analysis, the project exposes the problems that can arise when an expansive approach is taken to offences, penalties and institutional arrangements in an environmental regulatory statute. It emphasizes how discussions of harm and what should be unlawful will ensure that law-makers' enforcement tools will align with their goals for punishment. It examines higher-level issues such as 'wrongfulness' and 'criminality' in the environmental regulatory context and explores the relevance of its findings to jurisdictions outside of New Zealand. It also discusses the pros and cons of criminalisation and punishment versus restoration. It speaks to those interested in green criminology, regulatory compliance and enforcement, and applications of criminal law.

Die historisch gewachsenen nationalen Haftungsrechte in der EU stehen vor einer unbewaltigten doppelten Herausforderung: Zum einen die Anpassung an die (post)industrielle Moderne (Stichworte: Risiken, Versicherung, Unternehmenshaftung); zum anderen die Harmonisierung in dem gemeinsamen Binnenmarkt der EG und in dem Verfassungsraum der EU. Der Verfasser misstraut allfalligen Kodifikations- und Vereinheitlichungsinitiativen. Er setzt auf die Annaherung "von unten," d. h. uber die vorfindlichen Rechtsordnungen der Mitgliedstaaten. Dies setzt einen europaischen Diskurs uber Struktur, Prinzipien und Schutzbereich voraus. Hierzu leistet der Verfasser fur das Haftungsrecht einen Beitrag. In kritischer Auseinandersetzung mit dem deutschen Recht und mit vergleichendem Blick auf das englische und amerikanische sowie das franzosische Recht arbeitet er Entwicklungsperspektiven fur ein europaisches Haftungsrecht heraus."

Unter Berucksichtigung der europaischen Vorgaben erlautert dieses Buch die Auswirkungen des Honorar-Anlageberatungsgesetzes auf die aufsichtsrechtlichen und zivilrechtlichen Anforderungen an eine ordnungsgemasse Honorar-Anlageberatung. Die europaische Finanzmarktrichtlinie MiFID II verfolgt unter anderem die Starkung der unabhangigen Anlageberatung. Der deutsche Gesetzgeber hat bereits im Jahr 2014 darauf reagiert und das Honorar-Anlageberatungsgesetz verabschiedet, das zu einer Starkung und Etablierung der unabhangigen Anlageberatung dienen soll. Denn die provisionsbasierte Anlageberatung hat in der Vergangenheit oft zu Falschberatungen der Anleger gefuhrt. Vor diesem Hintergrund befasst sich das Buch ausfuhrlich mit den neuen aufsichtsrechtlichen Anforderungen an die Honorar-Anlageberatung. Zudem werden die vertraglichen Pflichten der Parteien des Honorar-Anlageberatungsvertrages umfassend untersucht und die Ausgestaltungsmoeglichkeiten des Honoraranspruches dargestellt.

Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service and the Government Accountability Office, and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Lebanon and Hezbollah charts the course of Hezbollah's rise and Lebanon-based violence over the last five tumultuous years of that country's history. The documents collected in this volume demonstrate not just key details in Hezbollah's direct war on Israel but also the organization's public relations and financial efforts, both over the Internet and in collaboration with Iran. But this volume's usefulness can be found not just in its detailed history of Hezbollah's multi-front campaign but also in several documents' analysis of the suffering endured by Lebanese citizens, including the harm wrought by Israel's response to Hezbollah. To complete the picture of Lebanon's difficult recent history, Volume 92 also provides two classes of UN documents: Lebanon's own reports on its counter-terror work, and the Security Council's measures related to the tribunal investigating Hariri's assassination. For researchers seeking one volume in which all parties affected by the Lebanese crisis present their view, this volume will prove quite valuable.

This book provides a comprehensive, global exploration of the scale, scope, threats, and drivers of wildlife trafficking from a criminological perspective. Building on the first edition, it takes into account the significant changes in the international context surrounding these issues since 2013. It provides new examples, updated statistics, and discusses the potential changes arising as a result of COVID-19 and the IPBES 2019 report. It also discusses the shift in trafficking 'hotspots' and the recent projects that have challenged responses to wildlife trafficking. It undertakes a distinctive exploration of who the victims and offenders of wildlife trafficking are as well as analysing the stakeholders who are involved in collaborative efforts to end this devastating green crime. It unpacks the security implications of wildlife trade and trafficking and possible responses and ways to combat it. It provides useful and timely information for social and environmental/life scientists, law enforcement, NGOs, and policy makers.

Shariah is by now a term that most Americans and Europeans recognize, though few really understand what it means. Often portrayed as a medieval system used by religious zealots to oppress women and deny human rights, conservative politicians, media commentators, and hardline televangelists stoke fear by promoting the idea that Muslims want to impose a repressive Shariah rule in America and Europe. Despite the breadth of this propaganda, a majority of Muslims-men and women-support Shariah as a source of law. In fact, for many centuries Shariah has functioned for Muslims as a positive source of guidance, providing a moral compass for individuals and society. This critical new book by John L. Esposito and Natana Delong-Bas aims to serve as a guide for what everybody needs to know in the conversation about Shariah, responding to misunderstandings and distortions, and offering answers to questions about the origin, nature, and content of Shariah.

This book discusses how Coal Bed Methane (CBM) could help the acceleration of the energy transition in a 'just' way in Indonesia, due to the country's potential CBM reserves (and current dependence on climate damaging coal). Developing countries face multiple challenges in achieving their energy transitions. CBM in Indonesia could potentially be a catalyst for energy transition and subsequently improve access to energy. However, CBM faces numerous challenges and although Indonesia first developed its domestic CBM sector over more than a decade ago, they are still to implement this successfully. This book exposes the challenges and opportunities of CBM, exploring what lessons other countries could learn from Indonesia to improve the industry with a view to achieving energy transition and climate change targets. This book will be an invaluable reference for researchers and practitioners working in this field.

This text, edited by experienced academic and private otolaryngologists at different points in their careers, as well as an attorney, reviews the current literature related to otolaryngology malpractice litigation, and discusses strategies to decrease liability and enhance patient safety. It examines the most recent trial decisions in otolaryngology and determines which procedures are most commonly litigated in the current medicolegal environment. The text provides otolaryngologists with tips and pearls on how to prevent malpractice litigation, and discusses key actions to take when faced with malpractice litigation. Strategies for minimizing liability as well as the factors brought up in malpractice litigation related to otolaryngology - head and neck surgery are also discussed.Litigation In Otolaryngology will be a useful resource for all involved in the care of otolaryngologic patients (physicians, nurse practitioners, physician assistants, etc.), those concerned with the legal aspect of such care (including malpractice attorneys), and healthcare policy makers.