This book studies the U.S. Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's modern approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, an approach that often leads to unfair and inefficient results. This book suggests the adoption of a judicial decision-making model that proceeds from principles and rules and treats these principles and rules as premises for developing consistent unitary theories to meet current social conditions. This model requires that judicial opinions be informed by a wide range of considerations, beginning with established legal standards but also including the insights derived from deductive and inductive reasoning, the lessons learned from history and custom and ending with an examination of the social and economic consequences of the decision. Under this model, the considerations taken to reach a specific result should be articulated through a process that considers various hypotheses, arguments, confutations, and confirmations, and they should be shared with the public."

The Second Formation of Islamic Law is the first book to deal with the rise of an official school of law in the post-Mongol period. The author explores how the Ottoman dynasty shaped the structure and doctrine of a particular branch within the Hanafi school of law. In addition, the book examines the opposition of various jurists, mostly from the empire's Arab provinces, to this development. By looking at the emergence of the concept of an official school of law, the book seeks to call into question the grand narratives of Islamic legal history that tend to see the nineteenth century as the major rupture. Instead, an argument is formed that some of the supposedly nineteenth-century developments, such as the codification of Islamic law, are rooted in much earlier centuries. In so doing, the book offers a new periodization of Islamic legal history in the eastern Islamic lands.

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 role of global capital in relation to human social systems has assumed enormous proportions in liberalised, deregulated markets. States attempt to nationalise it, financial centres spring up in its wake, and INGOs attempt to deal with its de-territorialising, supranational characteristics. A global adjudication system (arbitration) has been introduced to safeguard and buttress its flow. The power of Islamic capital has generated numerous sites of legal contestation and negotiation, ranging from gateway financial centres, international law firms and transnational financial institutions, all of which interact in the production of Islamic financial law (IFL). The process of producing IFL illustrates complex fields of action driven by power dynamics, neoliberal paradigms and the institutional momentum of the global economy. The municipal legal systems under study in this book (the United Kingdom, Bahrain, United Arab Emirates and the Dubai International Financial Centre) illustrate globalisation's acceleration of legal, economic and social production.

If justice is an intrinsic value in Islam, why have women been treated as second-class citizens in Islamic legal tradition? Today, the idea of gender equality, inherent to contemporary conceptions of justice, presents a challenge to established, patriarchal interpretations of Shari'a. In thought-provoking discussions with six influential Muslim intellectuals - Abdullahi An-Na'im, Amina Wadud, Asma Lamrabet, Khaled Abou El Fadl, Mohsen Kadivar and Sedigheh Vasmaghi - Ziba Mir-Hosseini explores how egalitarian gender laws might be constructed from within the Islamic legal framework.

In recent years, countries around the world introduced numerous national security programs and military campaigns. Despite the complex legal questions they raise, very few of these measures have been the subject of rigorous judicial review. Nevertheless, the absence of real-time review has had an enormous effect on human rights, rule of law, and on national security. The Supreme Court of Israel provides an excellent case study of a different approach, which allows judges to assess military action in real-time and to issue non-binding results of their evaluation. This raises the question: How was the Court actually able to uphold this challenge? In Judicial Review of National Security, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review. This book aims to show that if one Supreme Court was able to provide rigorous judicial review of national security in real-time, then we should reconsider the conventional wisdom regarding the limits of judicial review of national security.

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.

Zum ersten Mal wird anhand der Originalakten aus den Archiven des Malteserordens und preussischer Behoerden die Grundung der Rheinisch-Westfalischen Malteser-Genossenschaft erzahlt. Zusammen mit einer Vereinigung in Schlesien bildete sie von der Mitte des vorherigen Jahrhunderts an die offizielle Vertretung des neunhundert Jahre alten Ordens vom Hl. Johannes in Deutschland, bis beide 1993 in der Deutschen Assoziation des Ordens zusammenfanden. Nach dem Ende des alten Grosspriorats Deutschland des Ordens in der Sakularisation suchten die Malteser aus den preussischen Westprovinzen in einem muhseligen und jahrelangen Ringen ihren Platz im nach wie vor altem Denken verhafteten Orden und der liberal gepragten preussischen Gesellschaft. Beobachtungen zur Stellung der Genossenschaft im politischen Katholizismus der Zeit und vor dem Hintergrund der Lage des Adels im Rheinland und in Westfalen werden hier zum ersten Mal getroffen. Fur den Malteserorden ist die Genossenschaft bei der Entwicklung neuer Mitgliederstrukturen hoch bedeutsam.

Ten years after his untimely death, Norman Calder is still considered a luminary in the field of Islamic law. At the time he was one among a handful of scholars from the West who were beginning to engage with the subject. In the intervening years, much has changed, and Islamic law is now understood as fundamental to any engagement with the study of Islam, its history, and its society, and Dr. Calder s work is integral to that engagement. In this book, Colin Imber has put together and edited four essays by Norman Calder that have never been previously published. Typically incisive, they categorize and analyze the different genres of Islamic juristic literature that was produced between the tenth and fourteenth centuries, showing what function they served both in the preservation of Muslim legal and religious traditions and in the day-to-day lives of their communities. The essays also examine the status and role of the jurists themselves and are to be particularly welcomed for giving clear answers to the controversial questions of how far Islamic law and juristic thinking changed over the centuries, and how far it was able to adapt to new circumstances. In his introduction to the volume, Robert Gleave assesses the place and importance of Norman Calder s work in the field of Islamic legal studies. This is a groundbreaking book from one of the most important scholars of his generation."

Ivo of Chartres was one of the most learned scholars of his time, a powerful bishop and a major figure in the so-called 'Investiture Contest'. Christof Rolker here offers a major new study of Ivo, his works and the role he played in the intellectual, religious and political culture of medieval Europe around 1100 AD. Comparing Ivo's extensive correspondence to the contemporary canon law collections attributed to him, Dr Rolker provides a new interpretation of their authorship. Contrary to current assumptions, he reveals that Ivo did not compile the Panormia, showing that its compiler worked in a distinctly different mental framework from Ivo. These findings call for a reassessment of the relationship between Church reform and scholasticism and shed new light on Ivo as both a scholar and bishop.

Christian Law: Contemporary Principles offers a detailed comparison of the laws of churches across ten distinct Christian traditions worldwide: Catholic, Orthodox, Anglican, Lutheran, Methodist, Reformed, Presbyterian, United, Congregational and Baptist. From this comparison, Professor Doe proposes that all denominations of the faith share common principles in spite of their doctrinal divisions; and that these principles reveal a concept of 'Christian law' and contribute to a theological understanding of global Christian identity. Adopting a unique interdisciplinary approach, the book provides comprehensive coverage on the sources and purposes of church law, the faithful (lay and ordained), the institutions of church governance, discipline and dispute resolution, doctrine and worship, the rites of passage, ecumenism, property and finance, as well as church, State and society. This is an invaluable resource for lawyers and theologians who are engaged in ecumenical and interfaith dialogue, showing how dogmas may divide but laws link Christians across traditions.

Regulating Obesity?: Government, Society, and Questions of Health explores the effectiveness of legal interventions aimed at promoting healthier lifestyles. In it, W.A. Bogart suggests that the government's emphasis on encouraging weight loss and preventing excess gain have largely failed to resolve obesity and have instead fueled prejudice against fat people. He suggests that a major challenge lies in shifting norms away from stigmatization of the obese and towards more nutritious and healthy lifestyle habits in addition to the acceptance of bodies in all shapes and sizes. Part of this challenge lies in the complex effects of law and its relationship with norms, including the unintended consequences of regulation. Regulating Obesity? begins by arguing for the protection of the overweight and obese from discrimination through human rights laws. It then examines three other areas of interventions-marketing, fiscal policy, and physical activity-and how these interventions operate within the context of "health equity." Professor Bogart evaluates the effectiveness of legal regulation in addressing obesity and concludes that a healthier population is more important than a thinner population. Regulating Obesity? is the first book to engage in the comprehensive evaluation of this role for law and the implications of society's fascination with regulating consumption.

Identit tsdiebstahl und Identit tsmissbrauch im Internet sind eine ernste Bedrohung. Angriffe werden in der technischen Ausf hrung und in der Wahl der Angriffsziele immer professioneller. Die Autoren untersuchen Fragen des Identit tsdiebstahls und Identit tsmissbrauchs aus technischer und rechtlicher Perspektive und leiten daraus Handlungsempfehlungen ab. Schwerpunkte sind die systematische Darstellung gegenw rtiger Angriffe und k nftiger Entwicklungen, die Bedeutung des neuen Personalausweises, Strafbarkeit und Strafverfolgung sowie Haftungsfragen.

Der vorliegende Band der Reihe New German-American Studies eroertert anhand der Lebensgeschichte des geburtigen Westfalen August Rauschenbusch und unter Anwendung gangiger Methoden der deutsch-amerikanischen und transatlantischen Geschichtsschreibung das Schicksal eines deutschen Amerikaauswanderers im 19. Jahrhundert. August Rauschenbusch migrierte 1846 als protestantischer Missionar nach Missouri und hatte spater eine angesehene Stellung als Professor und Ausbilder von Predigern an einem deutschsprachigen theologischen Seminar im Staat New York inne. Der Verfasser ruckt durch seine Untersuchung der Biographie eines deutschen Theologen und Einzelauswanderers in den USA heute vergessene oder bisher weitgehend vernachlassigte Forschungsfelder deutsch-amerikanischer Geschichte wieder ins Bewusstsein.