Das die Ungultigkeit der Ehe bewirkende Fehlen des Konsenses wird im Anschluss an eine in der Kanonistik vorherrschende Interpretation seit dem CIC/1917 nur anerkannt, wenn es sich darstellt als ein vorsatzlicher Ausschluss der Ehe. Dabei handelt es sich angesichts des personalistischen Eheverstandnisses im CIC/1983 um eine Engfuhrung, die ein Relikt des CIC/1917 ist und aus seiner Sicht der Ehe resultiert. Ausgehend von Urteilen dioezesaner Gerichte und der Diskussion um den fehlenden Ehewillen in der angelsachsischen Kanonistik sowie anhand ausgewahlter Urteile der Roemischen Rota weist die Studie nach, dass im Unterschied zu den Partialsimulationen nicht erst ein "positiver Willensakt", sondern bereits das Fehlen des Mindestwillens als mangelndes intentionales Erfassen der Lebensgemeinschaft Ehe deren Ungultigkeit bewirkt.

Media and Entertainment Law is a fast growing sector of practice in the EC, and in the UK in particular. The emergence of multi-media law has raised a large number of novel conceptual and practical difficulties for lawyers specialising in the area. The Yearbook is designed to respond to these practical difficulties while also making a serious contribution to media law as an area of serious academic study. It contains high quality analyses of topical issues, as well as thorough surveys of key areas of practice. Up to date and informative, the Yearbook is now well-established as a key source of information and analysis for all media and entertainment law professionals.

In this paperback reprint of a book originally published in 1993, Carl Cranor argues that the scientific and statistical criteria usually used to determine whether substances are toxic are too rigorous and time-consuming for evidentiary purposes in tort cases and for regulation. This results in the underregulation of toxic substances and the undercompensation of plaintiffs in tort cases. Cranor proposes that the evidential standards now used should be evaluated with the purposes of the law in mind. The choice of standards is, in effect, a choice between economic costs to society and health costs to individuals. Cranor argues persuasively that justice requires that priority be given to avoiding the latter.

Liturgy is concerned with the worship of God. Yet in spite of that - some might say because of that - it is necessary to have rules. It is sometimes mistakenly thought that these rules are archaic and therefore irrevelant; in fact the rules and their interpretation have changed considerably in recent years, so much so that there is now widespread concern among the clergy and church administrators about the degree to which Liturgical Law is being correctly understood and applied. This book has a straight forward aim which is to describe and analyse a wide range of Ecclesiastical Law topics which are scarcely dealt with in other books on Church Law and Ecclesiastical Law. As such it provides not merely a statement of legal principles but also a discussion in-depth of the relevant law and its developments. The style is precise and easy to read. The authorities and foot-notes are comprehensive. Arguably it presents the most comprehensive coverage of Ecclesiastical Law published in modern times.

Der Zahnarzt und das Recht: Ein Team anerkannter Experten, unter ihnen drei Fachanwalte fur Medizinrecht, stellt die komplizierte Materie in ubersichtlicher und verstandlicher Verknupfung von Wissenschaft und Praxis dar. Jeder Zahnarzt ist einer Fulle von haufig wechselnden rechtlichen Regelungen unterworfen, deren Folgen im Konfliktfall schnell und prazise eingeschatzt werden mussen. Das Praxishandbuch bietet eine rasche Orientierung bei der Klarung zahnarztlicher Rechtsfragen aus allen relevanten Bereichen. Es enthalt zahlreiche Beispiele aus praxisnaher Sicht des interdisziplinar tatigen Anwalts. Checklisten, Entscheidungshilfen und Verteidigungsstrategien unterstutzen die sofortige Umsetzbarkeit. Die aktuelle Rechtsprechung und insbesondere die erheblichen gesetzlichen Anderungen (Vertragsarztrechtsanderungsgesetz) und Reformen (Wettbewerbsstarkungsgesetz) finden umfassende Berucksichtigung."

This book explores the emerging speciality of fetal medicine. The new technology for examining DNA is described as a background to later chapters concerned with gene therapy and the examination of the conceptus. An account of laboratory techniques for studying the mouse embryo is illustrated by outstanding photographs of scanning electron microscopy. This book will be of interest to all those who are involved with the care of the pregnant woman and her fetus whether in medicine or in the law.

"The Dignity of Man: An Islamic Perspective" provides the most detailed study to date on the subject of the dignity of man from the perspective of Islam. M H Kamali sets out the proclamations on human dignity found in the Qur'an and then discusses topics pertaining to or resulting from human dignity: the physical and spiritual nobility of man; God's love for humanity; the sanctity of life; and the necessity for freedom, equality and accountability. Finally, the author examines the measures that the "Shariah" has taken to protect human dignity and to promote it in social interaction. The discussion is here presented in the light of the debate on the universality of human rights as enshrined in the Universal Declaration of Human Rights. This book goes a long way towards exploring an alternative to Western concepts of human rights. "The Dignity of Man: An Islamic Perspective" is part of a series of studies on fundamental rights and liberties in Islam and should be read with its companion volumes of "Freedom,"" Equality and Justice in Islam," and "Freedom of Expression in Islam,"

What they won't teach you in film school: This expertly written reference guide breaks down copyright laws for screenwriters. Inspired by Strunk & White's The Elements of Style, this elegant, short reference is the perfect guide for screenwriters and creative artists looking to succeed as industry professionals. Readers will quickly understand the laws that govern creativity, idea-making, and selling, and learn how to protect themselves and their works from the legal quagmires they may encounter. Written by an unrivaled pair of experts, John L. Geiger and Howard Suber, who use real-life case studies to cover topics such as clearance, contracts, collaboration, and infringement, Creativity and Copyright is poised to become an indispensable resource for beginners and experts alike.

2019 Choice Outstanding Academic title I.B.Tauris in association with the Institute of Ismaili Studies Why is the term shari?a-the mention of which conjures up images of a politicised religion in many parts of the world-understood in the ways that it is today? For Muslims and non-Muslims alike, much is read into this term, often with scant regard for its historical, cultural or theological underpinnings. The politics of identity has a profound effect on contemporary life, both secular and religious, and this includes our understandings of the shari?a. Yet at the core of this concept, for Muslims, is the quest for a moral compass by which to navigate a path through life (Qur'an, 45:18), informed deeply by revelation and its interpretation by the Prophet Muhammad as well as his closest Companions. Built on this foundation is an ongoing human endeavour to grasp and lend expression to that teaching-elaborately in law, but no less so in devotional, ethical and customary practices in diverse Shi?i and Sunni Muslim communities, including in the West. Popular myths about the shari?a - that it is divine law, that it is contained in a single code recognised by all Muslims, that it is about controlling behavior, that it `defines' Islam - are challenged in this volume by leading scholars, with a view to illuminating how we arrived here and where we might be headed. The claims of the modern state as the custodian of the shari?a are put into perspective, alongside the vital role of a pluralist civil society. From bioethics, human development, family law and finance to constitutional and human rights issues, this fifth volume in the Muslim Heritage Series offers an accessible account of the ideals and realities of the shari?a. As such, it will appeal not only to specialists in the humanities and social sciences, but also to the general reader with an interest in global affairs and informed citizenship.

Now in its fourth edition, Rant on the Court Martial and Service Law has been fully updated to reflect the introduction of the Armed Forces Act 2021. This includes amendments to the constitution of the Court Martial and qualified majority verdicts, the ability to appoint a Circuit Judge as Judge Advocate, the power to rectify mistakes in Summary Appeal Court and Service Civilian Court, and amendments to the process for service complaints appeals. The book also considers the introduction of deprivation orders and driving disqualification orders, as well as the power of British overseas territories to apply the Armed Forces Act 2006. The new edition includes a new chapter offering extensive coverage of the Armed Forces Act 2021. This is in addition to updates to existing chapters regarding the historical context of the service justice system through to the current day, the service environment and powers of service police, the Court Martial, sentencing, and the appeals process. This is an essential handbook for those practicing in the service justice system and for academics researching service law.

Since the Second World War, there has been a significant migration of Muslims to countries in the Western world. Muslims in Non-Muslim Land traces the process by which these migrants arrived in Western Europe - in particular Britain - and explains how the community developed its faith identity through three particular stances: assimilation, isolation and integration. The findings argue that the assumption that Islam causes Muslims to isolate from the indigenous population and form a 'state within a state' is false and that Islamic Law actually gives Muslims confidence and the ability to integrate within the wider society. The theological view that all non-Muslim lands are dar al-arb (domain of war) is challenged, and the study shows that the traditional interpretive model of Islamic Law inherently possesses the flexibility and applicability to take into consideration minority-status of Muslims in Britain. Muslims in Non-Muslim Land focuses on Islamic Law as interpreted by the anafi Law school and highlights in detail the multi-pronged and robust nature of its legal theory and subsequent application. What is ground-breaking about Muslims in Non-Muslim Lands is that it illustrates the ability of &anafi Law to deal with contemporary issues in a wide range of subjects. It also provides Muslims with ways of Islamically resolving medical, financial and political concerns. The study concludes that Islamic Law can facilitate the integration of Muslim minorities within secular societies while allowing them to still remain true to their faith.

Adultery, fornication, breach of marriage contract, sexual slander - these, along with religious offences of various kinds, were typical of the cases dealt with by the ecclesiastical courts in Elizabethan and early Stuart England. What was it like to live in a society in which personal morality was regulated by law in this fashion? How far-reaching was such surveillance in actual practice? How did ordinary people view the courts - as useful institutions upholding accepted standards, or as an alien system purveying unwanted values? How effective were the church courts in influencing attitudes and behaviour? Previous assessments of ecclesiastical justice, coloured by contemporary puritan and common law criticisms, have mostly been unfavourable. This in-depth, richly documented study of the sex and marriage business dealt with under church law, based on the records of the courts in Wiltshire, Cambridgeshire, Leicestershire and West Sussex in the period 1570-1640, presents a more balanced and more positive view.

In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.

Card and James' Business Law is the most detailed account of business law, providing commanding analysis of the English legal system, contract law, the law of tort, employment law, and partnership and company law. Discussion of the core elements is supplemented with learning features which have been integrated throughout to support study and make the subject more accessible. Relevant examples from the business environment and the key legal cases are presented to help students build a greater understanding of the interconnections between the law and the corporate setting. Chapter introductions and summaries help students identify the salient points of each chapter, while self-test questions allow students to reinforce understanding. The book is accompanied by a collection of online resources to help students approach assessments with confidence: including supplementary problem and essay questions, multiple choice questions with instant feedback, and revision summaries.

The majority of construction work is carried out by subcontractors. As building projects become more complex, subcontractors need to understand the implications of the agreements they sign. The JCT 2011 Building Subcontracts has been written to help the busy subcontractor deal effectively with the range of JCT 2011 subcontracts they will encounter. It covers the most commonly use 2011 subcontracts, looking at the key contract conditions, the rights and obligations of the parties and how risk is allocated. A key element of the book is the discussion of the main practical problems that arise. Accessible and practical, this book will ensure building and construction subcontractors understand these contracts and have an easy to consult reference if any questions arise. It will also be of interest to main contractors, architects, contract administrators, project managers, quantity surveyors, contracts consultants and construction lawyers.

Gleaning for Communism is a historical ethnography of the property regime upon which Soviet legal scholars legislated a large modern state as a household, with guaranteed rights to a commons of socialist property, rather than private possessions. Starting with former Leningrad workers' everyday stories about smuggling industrial scrap home over factory fences, Xenia Cherkaev traces collectivist ethical logic that was central to this socialist household economy, in theory and practice: from its Stalin-era inception, through Khrushchev's major foregrounding of communist ethics, to Gorbachev's perestroika, which unfurled its grounding tension between the interests of any given collective and of the socialist household economy itself. A story of how the socialist household economy functioned, how it collapsed, and how it was remembered, this book is haunted throughout by a spectral image of the totalitarian state, whose jealous political control over the economy leads it to trample over all that which ought to be private. Underlying this image, and the neoliberal state phobia it justified, is the question of how individual interests ought to relate to the public good in a large modern society, which, it is assumed, cannot possibly function by the non-private logics of householding. This book tells the story of a large modern society that did.

Athenian power and prosperity in the fourth century B.C. was based largely on commerce. The complex litigation arising from commercial activities was heard in special maritime courts, dikai emporikai, the subject of this monograph. Using both ancient and secondary sources, Edward E. Cohen has pieced together the evolution of these courts and has explored their procedure and jurisdiction. He successfully treats the much-discussed problem of why they were termed "monthly," and makes it clear that "supranationality" was a feature of all Hellenic maritime law. He shows conclusively that their jurisdiction was limited ratione rerum, not ratione personarum, because a legally defined "commercial class" did not exist in Athens at this time. Classicists and lawyers alike will find this a fascinating study. It not only contributes to our understanding of the Athens of Plato, Aristotle, and Demosthenes, but also points out that certain principles of Athenian maritime law are still imbedded in the modern international law of maritime commerce. Originally published in 1973. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Al-Qa?i al-Nu?man was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available in English for the first time his major work on Islamic legal theory, which presents a legal model in support of the Fatimids' principle of legitimate rule over the Islamic community. Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shi?i system of hermeneutics, which refutes the methods of legal interpretation adopted by Sunni jurists. The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries, and goes on to address, point by point, the specific interpretive methods of Sunni legal theory, arguing that they are both illegitimate and ineffective. While its immediate mission is to pave the foundation of the legal Isma?ili tradition, the text also preserves several Islamic legal theoretical works no longer extant--including Ibn Dawud's manual, al-Wu?ul ila ma?rifat al-u?ul--and thus throws light on a critical stage in the historical development of Islamic legal theory (u?ul al-fiqh) that would otherwise be lost to history.

Belligerent occupations existed in both World Wars and have occurred more recently in all parts of the world (including Iraq, Afghanistan, the former Yugoslavia, Congo, Northern Cyprus, Nagorno-Karabakh, Georgia, Eritrea and Ethiopia). Owing to its special length - exceeding half a century and still in progress - and the unprecedented flow of judicial decisions, a special focus is called for as regards to the occupation of Palestinian territories by Israel. International law addresses the subject of belligerent occupation in some detail. This second, revised edition updates the text (originally published in 2009) in terms of both State practice and doctrinal discourse. The emphasis is put on decisions of the Security Council; legislation adopted by the Coalition Provisional Authority in Iraq; and predominantly case law: international (Judgments of the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia and the European Court of Human Rights; Advisory Opinions and Arbitral Awards) as well as domestic courts.

Employment Law in Context provides students with a complete guide to employment law. David Cabrelli combines extracts from leading cases and articles with insightful and sophisticated author commentary to provide the reader with a full, critical understanding of employment law. As well as providing a thorough grounding in individual labour law, and drawing attention to key and current areas of debate, this title offers the reader detailed analysis of the social, economic, political, and historical context in which employment law operates. An innovative running case study contextualizes employment law and demonstrates its practical applications by following the life-cycle of a company from incorporation, through expansion, to liquidation. Reflection points and examples encourage the development of critical thinking skills and students' ability to view the issues practically. Digital formats and resources The fourth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The text is supported by a range of online resources, including: - Four supplementary chapters on collective employment law to facilitate a broader understanding of the subject - Additional reading lists to accompany topics signposted in each chapter and annotated web links to key online resources to direct further research - A flashcard glossary helps students test their understanding of terms highlighted and defined in the book - Answer guidance on end-of-chapter 'Reflection points'

This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.

America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

This book traces the emergence and development of the idea of literal meaning in Islamic legal hermeneutics. Literal meaning is what a text means in itself, regardless of what its author intends to convey or the reader understands to be its message. As Islamic law is based on the central texts of Islam, the idea of a literal meaning that rules over human attempts to understand God's message has resulted in a series of debates amongst modern Muslim legal theorists. In this reading of Islamic legal hermeneutics, Robert Gleave explores various competing notions of literal meaning, linked to both theological doctrine and historical developments, together with insights from modern semantic and pragmatic philosophers. It focuses on Islamic legal writings, with reference to Qur'anic exegesis (tafsir) and Arabic rhetorical works. It describes Muslim debates through the lens of modern Western linguistic philosophy, opening the topic up for Western scholars.

The Code of Canon Law: A Text and Commentary, also commissioned by the Canon Law Society of America, was published in 1985. But much has changed in the nearly twenty years since the authors of the previous commentary did their work. The Church has changed. The Roman Catholic Church worldwide has come to terms with the 1983 Code of Canon Law, and has had considerable experience living by those new rules. It is that experience which this new commentary tries to capture and assess. Canon law has changed. The 1983 code itself has undergone just one formal amendment, however, many new documents and official interpretations have enlarged and reshaped the canonical scene in the intervening years. The Canon Law Society of America has done a new English translation of the code, published in 1999. This new translation, contained herein, forms the basis for the explanations and reflections that make up this new commentary. The authors have changed. Of the thirty-six contributors to this commentary, about three-quarters are different from the authors of the 1985 commentary.