This book offers a multidisciplinary treatment of targeting. It is intended for use by the military, government legal advisers and academics. The book is suitable for use in both military training and educational programs and in Bachelor and Master degree level courses on such topics as War Studies and Strategic Studies. The book first explores the context of targeting, its evolution and the current targeting process and characteristics. An overview of the legal and ethical constraints on targeting as an operational process follows. It concludes by surveying contemporary issues in targeting such as the potential advent of autonomous weapon systems, 'non-kinetic' targeting, targeting in multinational military operations and leadership decapitation in counter-terrorism operations. The deep practical experience and academic background of the contributors ensures comprehensive treatment of current targeting and use of force issues. Paul Ducheine is Professor for Cyber Operations and Cyber Security, Netherlands Defence Academy, Breda, The Netherlands; and Professor of Law of Military Cyber Operations and Cyber Security at the University of Amsterdam, The Netherlands. Michael Schmitt is Charles H. Stockton Professor & Director, Stockton Center for the Study of International Law, U.S. Naval War College, Newport, Rhode Island, and Professor of Public International Law, University of Exeter, UK. Frans Osinga is Chair of the War Studies Department, Netherlands Defence Academy, Breda, The Netherlands, and Professor of Military Operational Art and Sciences.

This volume includes guiding cases of the Supreme People's Court, cases deliberated on by the Judicial Council/Committee of the Supreme People's Court, and cases discussed at the Joint Meetings of Presiding Judges from the various tribunals. This book is divided into four sections, including Cases by Justices, Selected Judicial Opinion(s), "Hot Cases" and "Typical Cases", which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear, and accurate manner.This volume presents cases selected by the trial departments of the Supreme People's Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People's Court, and to achieve the goal of "serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities and serving the rule of law in China", the China Institute of Applied Jurisprudence, with the approval of the Supreme People's Court, opted to publish "Selected Cases from the Supreme People's Court of the People's Republic of China" in both Chinese and English, for domestic and overseas distribution.

Divorce has long been viewed as a single phenomenon affecting two individuals without considering the framework conditions in which it occurs. Due to the increase of divorce rates in the past decades researchers have changed their perspective and have concentrated on the view of divorce as a personal experience that is greatly affected by the socials and economic environment. The aim of this thesis is to investigate divorce that has become a mass phenomenon in our present society. The assumption is that in order to understand the grounds for divorce and its consequences, we have to view divorce as a phenomenon that occurs at the intersection of personal, socio-economic and legal factors. Family disputes involve persons who have interdependent and continued relati- ships and arise in a context of distressing emotions. Separation and divorce affect all the members of the family, especially children. The study presents a comprehensive analysis of divorce as a psychological process that is situated within a social and a legal context. It presents a comprehensive view of divorce as a psychosocial, economic and legal phenomenon and contains a review of the research literature about divorce and its consequences for parents and children. Moreover, it describes divorce by proposing conceptual frames and explanatory models.

This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter). It is argued that custom ("urf" and "adah") was one of the important tools that the jurists used to accommodate change and to adjust the rulings of shariah to the ever changing conditions in particular social and historical contexts. The book presents a diachronic study of the development of the concept of custom (and the different terms that have been associated with it) in the Islamic legal tradition.

This anthology provides an in-depth analysis and discusses the issues surrounding nudging and its use in legislation, regulation, and policy making more generally. The 17 essays in this anthology provide startling insights into the multifaceted debate surrounding the use of nudges in European Law and Economics. Nudging is a tool aimed at altering people's behaviour in a predictable way without forbidding any option or significantly changing economic incentives. It can be used to help people make better decisions to influence human behaviour without forcing them because they can opt out. Its use has sparked lively debates in academia as well as in the public sphere. This book explores who decides which behaviour is desired. It looks at whether or not the state has sufficient information for debiasing, and if there are clear-cut boundaries between paternalism, manipulation and indoctrination. The first part of this anthology discusses the foundations of nudging theory and the problems associated, as well as outlining possible solutions to the problems raised. The second part is devoted to the wide scope of applications of nudges from contract law, tax law and health claim regulations, among others. This volume is a result of the flourishing annual Law and Economics Conference held at the law faculty of the University of Lucerne. The conferences have been instrumental in establishing a strong and ever-growing Law and Economics movement in Europe, providing unique insights in the challenges faced by Law and Economics when applied in European legal traditions.

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.

This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the 'common law' of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics relating to the worldwide effort to combat terrorism, as well as efforts by the United States and other nations to protect their national security interests. Volume 141, Hybrid Warfare and the Gray Zone Threat, considers the mutation of the international security environment brought on by decades of unrivaled U.S. conventional military power. The term "hybrid warfare" encompasses conventional warfare, irregular warfare, cyberwarfare, insurgency, criminality, economic blackmail, ethnic warfare, "lawfare", and the application of low-cost but effective technologies to thwart high-cost technologically advanced forces. This volume is divided into five sections covering different aspects of this topic, each of which is introduced by expert commentary written by series editor Douglas C. Lovelace, Jr. This volume contains thirteen useful documents exploring various facets of the shifting international security environment, including a detailed report on hybrid warfare issued by the Joint Special Operations University and a White Paper on special operations forces support to political warfare prepared by the U.S. Army Special Operations Command, as well as a GAO report and a CRS report covering similar topics. Specific coverage is also given to topics such as cybersecurity and cyberwarfare, the efficacy of sanctions in avoiding and deterring hybrid warfare threats, and the intersection of the military and domestic U.S. law enforcement.

Command responsibility, or executive accountability, assumes that leaders are responsible for the actions of their subordinates. If subordinates misbehave, violate basic moral laws, transgress international law, or thwart international standards of behavior, their leader may be called before to justice. Standards that set the boundaries of human action have been evolving for many millennia, with some degree of precision arriving after the post-World War II international war crimes prosecutions. The United Nations and other organizations have helped codify the international law under which commanders may be held responsible. This book explores the factor that have moved civilization closer to a standard approach to rule of law and the accountability of leaders for the actions of those they command.

A Collection of Fascinating Maritime Lawsuits.Reprint of the sole edition."The book contains interesting narratives of out-of-the-way occurrences at sea and of the litigation to which they led." --American Law Review 62 (1928) 159.CONTENTS: Drake at the Suit of Doughty. Sallee Rovers at Winchester. The Battle of New Brighton. The Casting Away of the "Adventure." Neptune as Defendant. The Marooning of Robert Jeffery. The Cruise of the "Pylades."The "Felicidade." An Act of State. The Illeanon Pirates.William Senior [1861-1937] was the author of Doctors' Commons and the Old Court of Admiralty: A Short History of Civilians in England (1922) and The Historyof Maritime Law (1974.)

How can Muslims strike a balance between religious commitments and their civic identity as citizens in Western liberal states? Hassan examines the development of a contemporary internal Muslim debate on the production of a new form of Islamic jurisprudence, Fiqh al-Aqalliyyat, or the jurisprudence of Muslim minorities. Three key trends are identified in this debate: the puritan literalist trend, the traditionalist trend and the renewal trend. The literalists argue that Muslim minorities should disassociate themselves from non-Muslims and confine their loyalty to their fellow Muslims. The traditionalists maintain that Muslim minorities can live in non-Muslim lands but via exceptional rules and conditional fatwas. The renewal trend asserts the need for a new category of jurisprudence with a new methodological framework that normalizes and empowers Muslim minority life in non-Muslim society. The study delineates these trends in detail and investigates their background, development and current conditions with special focus on the renewal trend and the discourse of Fiqh al-Aqalliyyat.

Do Not Be Deceived is a redemptive-historical, presuppositional-apologetical Christian Worldview response to the three perspectives of the Gay Theological Worldview (Liberal, Evangelical, and Queer). It addresses the flawed epistemological foundation, as well as the hermeneutical errors, of this growing movement and provides a thorough exegesis of the relevant Biblical texts on human sexuality.

General Principles of EU Civil Law focuses on a rapidly developing but still highly controversial area of EU law: the emergence of general principles with constitutional relevance for EU civil law, guiding its interpretation, gap filling and legality control. This study brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1 to 3 on framed autonomy, protection of the weaker party and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, principle 7 on good faith is still an emerging principle but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law in days where its autonomous character is increasingly recognised in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations. About this book 'Professor Reich has written a book that is not merely rich and broad in ambition,but in fact genuinely ground-breaking. In identifying, explaining and analysing seven key principles of EU civil law, he has drawn us a map that will help scholars to find their way through the forbiddingly dense jungle populated by EU Treaty provisions, the legislative acquis and the Court's case law. And, in showing how proudly 'social' much of the EU's protective regulation affecting private parties truly is, he has set a tone that EU policymakers should embrace.' Stephen Weatherill, Jacques Delors Professor of European Law, University of Oxford 'For the private lawyer, probably the most interesting recent development in EU law is the emergence of principles of private law, developed by the European Court of Justice. This phenomenon unfolds in three strands. Firstly, the Court has developed general principles of EU law which are also relevant for private law. Secondly, since the entry into force of the EU Charter of Fundamental Rights (2009) a process of judicial interpretation has started which shows that not a few provisions have a significant impact on private law. In a third wave of innovations the ECJ seems to be willing to develop principles of civil law, in a more restricted sense, playing their role purely within the ambit of private law. In his new book, General Principles of EU Civil Law, Norbert Reich reaches out to these different categories of principles, combining them under one heading and systematising them in a new and original way.' Arthur Hartkamp, Professor of European Private Law, Radboud University, Nijmegen

There is a long and rich history of opinion centred on female prayer leadership in Islam that has occupied the minds of theologians and jurists alike. It includes outright prohibition, dislike, permissibility under certain conditions and, although rarely, unrestricted sanction, or even endorsement. This book discusses debates drawn from scholars of the formative period of Islam who engaged with the issue of female prayer leadership. Simonetta Calderini critically analyses their arguments, puts them into their historical context, and, for the first time, tracks down how they have informed current views on female imama (prayer leadership). In presenting the variety of opinions discussed in the past by Sunni and Shi'i scholars, and some of the Sufis among them, the book uncovers how they are, at present, being used selectively, depending on modern agendas and biases. It also reviews the roles and types of authority of current women imams in diverse contexts spanning from Asia, Africa and Europe to America. The research offers readers the opportunity to gain nuanced answers to the question of female imama today that may lead to informed discussions and to change, if not necessarily in practices then at the very least in attitudes. This ground-breaking book interrogates the cases of women who are reported to have led prayer in the past. It then analyses the voices of current women imams, many of whom engage with those women of the past to validate their own roles in the present and so pave the way for the future.

This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered.

Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication).

Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases.

Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.

"Efficient breach" is one of the most discussed topics in the literature of law and economics. What remedy incentivizes the parties of a contract to perform contracts if and only if it is efficient? This book provides a new perception based on an in-depth analysis of the impact the market structure, asymmetry of information, and deviations from the rational choice model have, comprehensively. The author compares the two predominant remedies for breach of contract which have been adopted by most jurisdictions and also found access to international conventions like the Convention on Contracts for the International Sale of Goods (CiSG): Specific performance and expectation damages. The book illustrates the complexity such a comparison has under more realistic assumptions. The author shows that no simple answer is possible, but one needs to account for the circumstances. The comparison takes an economic approach to law applying game theory. The game-theoretic models are consistent throughout the entire book which makes it easy for the reader to understand what effects different assumptions about the market structure, the distribution of information, and deviations from the rational choice model have, and how they are intertwined.

Substantially about the relation between the concept of constitutionalism and Islamic Law in general and how such relation is specifically reflected in the Shi'ite jurisprudence, this volumeexplores the juristic origins of constitutionalism, especially in the context of 1905 Constitutional Revolution in Iran. Boozari has introduced the most important fatwas issued by the religious leaders in support of constitutionalism during the 1905 revolution, unfolded their underpinning theories, and analyzed the juristic technicalities of the terms.

This book examines the obligations of troops to prevent serious abuses of human rights towards civilians under international humanitarian law and international human rights law. It analyzes the duty to intervene to stop the commission of serious abuses of human rights by analyzing the meaning and practical consequences for troops, in terms of civilian protection, of the Article 1 duty to respect and ensure respect for the Geneva Conventions; of the duty to secure human rights (found in most international human rights treaties); and of the duty to restore law and order in an occupation.
The book also analyzes the extent of troops' obligations to provide protection in light of various different operational and legal contexts in and discusses 'grey areas' and lacuna of coverage. A discussion of whether new approaches are needed, for example where operations are undertaken explicitly to protect people from serious violations of their human rights follows; and the book concludes by offering some guidelines for troops faced with such violations.

This book offers new perspectives on British nuclear policy-making at the height of the Cold War, arguing that the decisions taken by the British government during the 1950s and 1960s in pursuit of its nuclear ambitions cannot be properly understood without close reference to Duncan Sandys, and in particular the policy preferences that emerged from his experiences of the Second World War and his efforts leading Britain's campaign against the V-1 and V-2. Immersing himself in this campaign against unmanned weaponry, Sandys came to see ballistic missiles as the only guarantor of nuclear credibility in the post-war world, placing them at the centre of his strategic thinking and developing a sincerely-held and logically-consistent belief system which he carried with him through a succession of ministerial roles, allowing him to exert a previously undocumented level of influence on the nature of Britain's nuclear capabilities and its approach to the Cold War. This book shows the profound influence Sandys' personal belief system had on Britain's attempts to acquire a credible nuclear deterrent.

This book explains and illustrates a variety of semiotic issues in the study of biblical law. Commencing with a review of relevant literature in linguistics, philosophy, semiotics and psychology, it examines biblical law in terms of its users, its medium and its message. It criticizes our use of the notion of 'literal meaning', at the level of both words and sentences, preferring to see meaning constructed by the narrative images that the language evokes. These images may come from either social experience or cultural narratives. Speech performance is important, both in the negotiation of the law and the narratives of its communication. Non-linguistic semiotic phenomena, utilizing other senses and involving such notions as space and time, also need to be taken into account. For the early biblical period, at least, conceptions of law based upon modern models need to be replaced by the notion of 'wisdom-laws'. Amongst the issues addressed in the course of the argument are the structure of the Decalogue, the role in the law of (Greenberg's) 'postulates', 'covenant renewal' and 'talionic punishment'.>

Today there are more Muslims living in diaspora than at any time in history. This situation was not envisioned by Islamic law, which makes no provision for permanent as opposed to transient diasporic communities. Western Muslims are therefore faced with the necessity of developing an Islamic law for Muslim communities living in non-Muslim societies. In this book, Kathleen Moore explores the development of new forms of Islamic law and legal reasoning in the US and Great Britain, as well the Muslims encountering Anglo-American common law and its unfamiliar commitments to pluralism and participation, and to gender, family, and identity. The underlying context is the aftermath of 9/11 and 7/7, the two attacks that arguably recast the way the West views Muslims and Islam. Islamic jurisprudence, Moore notes, contains a number of references to various 'abodes' and a number of interpretations of how Muslims should conduct themselves within those worlds. These include the dar al harb (house of war), dar al kufr (house of unbelievers), and dar al salam (house of peace). How Islamic law interprets these determines the debates that take shape in and around Islamic legality in these spaces. Moore's analysis emphasizes the multiplicities of law, the tensions between secularism and religiosity. She is the first to offer a close examination of the emergence of a contingent legal consciousness shaped by the exceptional circumstances of being Muslim in the U.S and Britain in the 1990s and the first decade of the 21st century

This book by renowned scholar and recognised authority on Islam, Shaykh-ul-Islam Dr Muhammad Tahir-ul-Qadri, is a discourse on the legal position of celebrating the Mawlid al-Nabi (birthday of the Prophet Muhammad (PBUH)) within Islam. Most notably, the author has comprehensively compiled evidences from the authentic source texts and classical authorities to prove not only the permissibility of celebrating the Mawlid al-Nabi within the bounds of the Shari'a (Islamic Law) but also that it is divinely ordained and was a Sunna (practice) of the Prophet himself. The author presents unique and compelling arguments showing why celebrating Mawlid al-Nabi is not only an act of righteousness, but a need of our time. Tackling the various criticisms of this act head on, he specifically addresses the issue of why the first generation of Muslims did not celebrate the Mawlid, and clarifies that labelling the Mawlid as an bid'ah (innovation) betrays a fundamental and serious flaw in the understand of the Islamic concept of bid'ah.

The lawsuit is the cornerstone of the civil justice system in America, and an open court the foundation of American jurisprudence. In a public setting, we resolve disputes, determine liability, and compensate injuries. In recent decades, however, more civil disputes have been resolved out of court and the outcomes have been kept secret. Fewer than 5 percent of the tens of millions of injury claims annually are actually resolved through a public trial with a jury, and the vast majority are settled out of court or through private forums, such as mediation or arbitration, with undisclosed terms. Some argue that the confidentiality of the system keeps it working efficiently and fairly; others argue that the public is being denied information about hazards that may cause harm and that a public system with no data lacks oversight. This collection of essays by leading legal scholars is the first book to approach the issue in a multidisciplinary, nonpartisan, and empirical manner. The essays provide empirical analyses and case studies of the impact of greater disclosure on various aspects of the system, ranging from settlement values to fraud, and propose several novel prescriptions for reform. With special attention to the emergence of modern mass litigation, the authors identify a number of benefits to increasing access to information, including decreased fraud, improved public understanding and confidence in the system, and lower transactions costs. The authors make policy recommendations-such as expanding access to existing databases and using technology to create new databases-that increase transparency while protecting the need for privacy.

Three hundred and fifty-one men were executed by British Army firing-squads between September 1914 and November 1920. By far the greatest number were shot for desertion in the face of the enemy. Controversial even at the time, these executions of soldiers amid the horrors of the Western Front continue to haunt the history of war. This book provides a critical analysis of military law in the British army and other major armies during the First World War, with particular reference to the use of the death penalty. This study establishes a full cultural and legal framework for military discipline and compares British military law with French and German military law. It includes case studies of British troops on the Frontline.