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'.>

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 meanings and contexts of Shari'a are the subject of both curiosity and misunderstanding by non-Muslims. Shari'a is sometimes crudely characterized by outsiders as a punitive legal system operating broadly outside, and separate from, national laws and customs. This groundbreaking book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case. Far from being monolithic or impervious to change from without, Muslim legal tradition has - since its beginnings in the early Islamic period - placed an emphasis on equity and non-adversarial conflict-resolution. Mohamed Keshavjee examines both Sunni and Shi'a applications of Islamic law, demonstrating how political, cultural and other factors have influenced the practice of fiqh and Shari'a in the West. Exploring in particular the modern development of Alternative Dispute Resolution (ADR), the author shows that this process can revitalize some of the essential principles that underlie Muslim teachings and jurisprudence, delivering not only formal remedies but also perceived justice, even to non-Muslims.

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.

Electronic commerce is here to stay. No matter how big the dot-com crisis was or how far the e-entrepreneurs' shares fell in the market, the fact remains that there is still confidence in electronic trading. At least it would appear that investors are confident in e-companies again. However, not only trust of venture capitalists is of importance--consumers also have to have faith in on-line business. After all, without consumers there is no e-business. Interacting lawyers, technicians and economists are needed to create a trustworthy electronic commerce environment. To achieve this environment, thorough and inter-disciplinary research is required and that is exactly what this book is about. Researchers of the project Enabling Electronic Commerce from the Dutch universities of Tilburg and Eindhoven have chosen a number of e-topics to elaborate on trust from their point of view. This volume makes clear that the various disciplines can and will play a role in developing conditions for trust and thus contribute to a successful electronic market.

Focusing on writers who approach the Bible as a source that is both instructive and dangerous, "Subverting Scriptures" seeks to provide an academic analysis of cultural biblical saturation at a time when measured voices are necessary to counterbalance politically motivated religious rhetoric. Using as its point of departure the current political landscape - where the Bible is drawn on freely and unabashedly without critical reflection to legitimate and justify all manner of agendas - the contributors in this collection engage the Bible in new, imaginative, and critical ways, in the hopes of creating a new space for dialogue.

Personal status laws remain a highly politicized area of debate in the Middle East, as the arena in which the contentious issues of women's rights, religion and minority groups meet. This is especially so when it comes to divorce. In Tunisia, with the moderate Islamist party Ennahda winning the first elections following the 2011 revolution, questions of religion in public life have gained greater primacy. The country is often hailed for its progressive personal status code, seen as an exception to the practice in many other Muslim countries. Polygamy is banned, for example, and in divorce cases there is gender equality. However, Tunisia's legal system contains many gaps and leaves much room for interpretation. Bearing in mind this importance of the role of Islam in judicial courts, Maaike Voorhoeve investigates whether the more progressive, and ostensibly secular, principles enshrined in Tunisia's Personal Status Code of 1956 are in fact adhered to in divorce cases. And if not, whether judges frequently turn to the Sharia, custom or societal norms as their primary sources of guidance. Through extensive research in the Tunisian courts, Voorhoeve investigates the different types of divorce, the arguments presented to the court and the consequent legal decisions made. She focuses on the role of female judges, testing the assumption that they adjudicate in a more gender-neutral way and examining the impact they have had on Tunisian legal culture and through this, Tunisian society. Gender and Divorce Law in North Africa therefore sheds light on the wide-reaching debate throughout North Africa and the Middle East concerning the role of Islam and Sharia in the public, political, legal and private spheres. This debate, which often pits secularists against Islamists, but is in reality much more nuanced, is key in a variety of fields, including Middle East studies and Islamic law.

This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a 'contractual' matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.

In "Peaceful Islamist Mobilization in the Muslim World: What Went Right, "Julie Chernov Hwang presents a compelling and innovative new theory and framework for examining for the variation in Islamist mobilization strategies in Muslim Asia and the Middle East. Based on extensive field research in Indonesia, Malaysia and Turkey, Hwang argues that states, through their policies, institutions, and capacities, can influence the mobilization strategies that Islamist groups choose, encouraging peaceful strategies, or sometimes, creating permissive conditions for violence. This book highlights the positive ways that states can influence Islamist group decision-making and answers the question--what went right?

The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.

Public anger at perceived ethical and legal failures in recent wars has reinforced the importance of understanding military ethics. Ethics, Law and Military Operations is one of the first texts to examine both the ethical and the legal considerations of contemporary military conflict. It adopts a practical approach to explore the ways in which legal and normative issues combine to affect the entire spectrum of military operations, from high-intensity conflict to peacekeeping activities and the provision of humanitarian aid. With an operational perspective in mind, this text delivers accessible frameworks for evaluating and applying fundamental legal and ethical concepts. Written by an international team of military practitioners and academics, this book provides interdisciplinary insights into the major issues facing military decision-makers. The first half of the book explores the ethical and legal underpinnings of warfare. Later chapters use case studies to examine specific issues in the contemporary operating environment.

The present volume contributes to a reassessment of the phenomenon of episcopal elections from the broadest possible perspective, examining the varied combination of factors, personalities, rules and habits that played a role in the process that eventually resulted in one specific candidate becoming the new bishop, and not another. The importance of episcopal elections hardly needs stating: With the bishop emerging as one of the key figures of late antique society, his election was a defining moment for the local community, and an occasion when local, ecclesiastical, and secular tensions were played out. Building on the state of the art regarding late antique bishops and episcopal election, this volume of collected studies by leading scholars offers fresh perspectives by focussing on specific case-studies and opening up new approaches. Covering much of the Later Roman Empire between 250-600 AD, the contributions will be of interest to scholars interested in Late Antique Christianity across disciplines as diverse as patristics, ancient history, canon law and oriental studies.

This highly useful reference outlines best practices in key areas of human resources that are not only fair and equitable, but that can withstand legal scrutiny. Industrial/organizational experts apply their empirical knowledge and practical experience to aspects of HR that are commonly litigated, including broad and specific topics in testing of potential employees, disability issues, compensation and pay equity, and work hours. The book is written to be accessible to readers currently in HR-related graduate-level training as well as HR practitioners with or without background in industrial/organizational psychology. And to add to its utility, chapters feature practical strategies for addressing each of the legal issues presented. Among the topics covered: Measuring adverse impact in employee selection decisions. Using background checks in the employee selection process. Disabilities: best practices for vulnerabilities associated with the ADA. Physical abilities testing. Wage and hour litigation. Clinical psychological testing for employee selection. Conducting compensation equity analyses. Practitioner's Guide to Legal Issues in Organizations brings clear, up-to-date information to graduate students studying human resources, management, industrial/organizational psychology who are interested in legal issues, as well as applied HR practitioners such as industrial/organizational psychologists, human resources generalists, management and labor economists.

All healthcare professionals working with complementary therapies must be fully aware of legal boundaries, responsibilities and liabilities in the practice of complementary therapies. This book covers all the main topics and principles and deals with points specific to individual therapies, helping practitioners to practice confidently.Legal aspects of using and integrating complementary therapies in health care practice present an area of anxiety for therapists, nurses and others Bridget Dimond is very well known in the UK as a speaker in this topic. It is the subject on which she is most frequently asked to talk at conferences.Information is clearly presented and extremely practical

This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular.It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia.

This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law. "

This book adds a critical perspective to the legal dialogue on the regulation of 'smart urban mobility'. Mobility is one of the most visible sub-domains of the 'smart city', which has become shorthand for technological advances that influence how cities are structured, public services are fashioned, and citizens coexist. In the urban context, mobility has come under pressure due to a variety of different forces, such as the implementation of new business models (e.g. car and bicycle sharing), the proliferation of alternative methods of transportation (e.g. electric scooters), the emergence of new market players and stakeholders (e.g. internet and information technology companies), and advancements in computer science (in particular due to artificial intelligence). At the same time, demographic changes and the climate crisis increase innovation pressure. In this context law is a seminal factor that both shapes and is shaped by socio-economic and technological change. This book puts a spotlight on recent developments in smart urban mobility from a legal, regulatory, and policy perspective. It considers the implications for the public sector, businesses, and citizens in relation to various areas of public and private law in the European Union, including competition law, intellectual property law, contract law, data protection law, environmental law, public procurement law, and legal philosophy. Chapter 'Location Data as Contractual Counter-Performance: A Consumer Perspective on Recent EU Legislation' of this book is available open access under a CC BY 4.0 license at link.springer.com.

In the past two decades, Muslim countries across the globe have been faced with a crisis in governance. Starting with a summary of Islamic Law (Sharia) and its implications for law enforcement, this book will highlight the unique needs and challenges of law enforcement, and particularly policing, in these communities. It will provide a scholarly exposition of Sharia law and how it is compatible (or not) with policing in a modern context. The role and contribution of Sharia Law towards conceptualizing law enforcement in a modern context is certainly worth looking forward to, especially understanding its co-existence with civil law in countries with minority Muslim communities. Featuring case studies from throughout the Muslim world, this volume will highlight key qualities of Sharia law and Muslim culture that play a role in law enforcement, including: case processing, community policing, police administration, human rights, and the influence of globalization. Taking a comprehensive approach, this work provides a historical context for colonization events in Muslim countries and their influence on current law enforcement systems, as well as providing key insights into the particular norms that make up the bases for Muslim societies, and their unique needs. Looking into the future, it provides guidelines for how community policing can play a proactive role in law enforcement and crime prevention.

This book presents a comprehensive analysis of the existing nature of India's groundwater laws. In the backdrop of the gravity of groundwater crisis that threatens to engulf the country, the book examines the correlation between the imperfections in the law and water crisis and advocates a reform agenda to overhaul the legal framework. It accomplishes this objective by examining how some of the States and Union Territories regulate and manage groundwater through the legal instrumentality against the backdrop of the two conflicting paradigms: the "elitist" and the "egalitarian." The book's fundamental premise is that despite being an extraordinarily critical resource that supports India's burgeoning population's ever-increasing water demands, groundwater is abused and mismanaged. The key argument that it posits is that the elitist paradigm must give way to an egalitarian one where groundwater is treated as a common property resource. To place this message in perspective, the book's introduction explains the dichotomy between the two paradigms in the context of groundwater. This sets the stage, after which the book is divided thematically into three parts. The first part deals with some of the general groundwater management concerns brought to the fore by the operation of the elitist paradigm. Since water is constitutionally a State subject, the second part analyses the groundwater legislations of different States and Union Territories set against their unique circumstances. As these laws do not dismantle the elitist paradigm that interlocks groundwater rights to land rights, the next part articulates the legal reform agenda where a case is made to re-engineer groundwater laws to reflect a more sustainable basis. The findings and arguments resonate with the situation in many developing countries around the world due to which the book is a valuable resource for researchers across disciplines studying this area, and also for policy makers, think tanks, and NGOs. Groundwater Management-Inter-state Water Conflicts-Aquifers-Water Markets-Water Security-Water Law Reform-Groundwater Law-Water Law-Sustainable Development-Hydrology

The idea of maslaha has a rich history in classical legal thought and literature. Conventionally translated into English as 'general benefit' or 'general interest', it has been the subject, over many centuries, of intense argument in Muslim legal manuals about how the concept should be constructed and how it might be interpreted. Some celebrated scholars have even elevated its status to an independent legal source; while other prominent jurists have spoken of the special strictures which need to be applied to maslaha when considering it within the overall framework of Islamic law. In this thorough and original treatment of the concept, Abdul Aziz bin Sattam offers the first sustained examination of one of the most important tenets of Sharia. Seeking to illuminate not only the intricacies of its application, but also the wider history which has shaped it, the author examines its foundations, theoretical underpinnings and the key debates in both classical and contemporary texts. His book will be a vital resource for all those with an interest in Islamic law, whether of the medieval or modern periods.

Peaceful legal and political 'changing of the guards' is taken for granted in developed democracies, but is not evident everywhere. As a relatively new democracy, marred by long periods of military rule, Bangladesh has been encountering serious problems because of a prevailing culture of mistrust, weak governance institutions, constant election manipulation and a peculiar socio-political history, which between 1990 and 2011 led to a unique form of transitional remedy in the form of an unelected neutral 'caretaker covernment' (CTG) during electoral transitions. This book provides a contextual analysis of the CTG mechanism including its inception, operation, manipulation by the government of the day and abrupt demise. It queries whether this constitutional provision, even if presently abolished after overseeing four acceptable general elections, actually remains a crucial tool to safeguard free and fair elections in Bangladesh. Given the backdrop of the culture of mistrust, the author examines whether holding national elections without a CTG, or an umpire of some kind, can settle the issue of credibility of a given government. The book portrays that even the management of elections is a matter of applying pluralist approaches. Considering the historical legacy and contemporary political trajectory of Bangladesh, the cause of deep-rooted mistrust is examined to better understand the rationale for the requirement, emergence and workings of the CTG structure. The book unveils that it is not only the lack of nation-building measures and governments' wish to remain in power at any cost which lay behind the problems that Bangladesh faces today. Part of the problem is also the flawed logic of nation-building on the foundation of Western democratic norms which may be unsuitable in a South Asian cultural environment. Although democratic transitions, on the crutch of the CTG, have been useful in moments of crisis, its abolition creates the need for a new or revised transitional modality - perhaps akin to the CTG ethos - to oversee electoral governance, which will have to be renegotiated by the polity based on the people's will. The book provides a valuable resource for researchers and academics working in the area of constitutional law, democratic transition, legal pluralism and election law.

This thesis provides a new approach to the Ethiopian Land Law debate. The basic argument made in this thesis is that even if the Ethiopian Constitution provides and guarantees common ownership of land (together with the state) to the people, this right has not been fully realized whether in terms of land accessibility, enjoyability, and payment of fair compensation in the event of expropriation. Expropriation is an inherent power of the state to acquire land for public purpose activities. It is an important development tool in a country such as Ethiopia where expropriation remains the only method to acquire land. Furthermore, the two preconditions of payment of fair compensation and existence of public purpose justifications are not strictly followed in Ethiopia. The state remains the sole beneficiary of the process by capturing the full profit of land value, while paying inadequate compensation to those who cede their land by expropriation. Secondly, the broader public purpose power of the state in expropriating the land for unlimited activities puts the property owners under imminent risk of expropriation.