The Hanbali School of Law and Ibn Taymiyyah provides a valuable account of the development of Hanbalite jurisprudence, placing the theoretical and conceptual parameters of this tradition within the grasp of the interested reader.Studying the vibrant yet controversial interaction between Ibn Taymiyyah and the Hanbali School of law, this book assesses to what extent this relationship was a conflict or reconciliation. The author takes a detailed exploration of the following issues: the strength of contributions made to this School by earlier paragons associated with Ahmad Ibn Hanbal the contextual constructs which shaped the tradition's development the methodology and literature synonyms within the classical School the manner by which Ibn Taymiyyah engaged with the Hanbali tradition the impact of his thought upon the later expression of the School's legal doctrines and its theoretical principles the contribution made by this School in general to the synthesis of Islamic law. Giving background material to the Hanbali School of law, this book is a vital reference work for those with interests in Islamic law, the history of the Hanbalite tradition and its principle luminaries.

The relationship between Islamic law and society is an important issue in Iran under the Islamic Republic. Although Islamic law was a pivotal element in the traditional Iranian society, no comprehensive research has been made until today. This is because modern reformers emphasized the lack of rule of law in nineteenth-century Iran. However, a legal system did exist, and Islamic law was a substantial part of it. This is the first book on the relationship between Islamic law and the Iranian society during the nineteenth century. The author explores the legal aspects of urban society in Iran and provides the social context in which political process occurred and examines how authorities applied law in society, how people utilized the law, and how the law regulated society. Based on rich archival sources including court records and private deeds from Qajar Tehran, this book explores how Islamic law functioned in Iranian society. The judicial system, sharia court, and religious endowments (vaqf) are fully discussed, and the role of 'ulama as legal experts is highlighted throughout the book. It challenges nationalist and modernist views on nineteenth-century Iran and provides a unique model in terms of the relationship between Islamic law and society, which is rather different from the Ottoman case. Providing an understanding of this legal system in Iran and its role in society, this book offers a basis for assessing the motives and results of modern reforms as well as the modernist discourse. This book will be of interest to students of Middle Eastern and Iranian Studies.

Natural law has long been considered the traditional source of Roman Catholic canon law. However, new scholarship is critical of this approach as it portrays the Catholic Church as static, ahistorical, and insensitive to cultural change. In its attempt to stem the massive loss of effectiveness being experienced by canon law, the church has to reconsider its theory of legal foundation, especially its natural law theory. Church Law in Modernity analyses the criticism levelled at the church and puts forward solutions for reconciling church law with modernity by revealing the historical and cultural authenticity of all law, and revising the processes of law making. In a modern church, there is no way of thinking of the law without the participation of the faithful in legislation. Judith Hahn therefore proposes a reformed legislative process for the church in the hope of reconciling the natural law origins of church law with a new, modern theology.

This volume shows how and why legal empowerment is important for those exercising their religious rights under various jurisdictions, in conditions of legal pluralism. At the same time, it also questions the thesis that as societies become more modern, they also become less religious. The authors look beyond the rule of law orthodoxy in their consideration of the freedom of religion as a human right and place this discussion in a more plurality-sensitive context. The book sheds more light on the informal and/or customary mechanisms that explain the limited impact of law on individuals and groups, especially in non-Western societies. The focus is on discussing how religion and the exercise of religious rights may or may not empower individuals and social groups and improve access to human rights in general. This book is important reading for academics and practitioners of law and religion, religious rights, religious diversity and cultural difference, as well as NGOs, policy makers, lawyers and advocates at multicultural jurisdictions. It offers a contemporary take on comparative legal studies, with a distinct focus on religion as an identity marker.

In International Taxation of Trust Income, Mark Brabazon establishes the study of international taxation of trust income as a globally coherent subject. Covering the international tax settings of Australia, New Zealand, the UK, and the US, and their taxation of grantors/settlors, beneficiaries, trusts, and trust distributions, the book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust. It also identifies international mismatches between tax settings and purely domestic design irregularities that cause anomalous double- or non-taxation, and proposes an approach to tax design that recognises the policy functions (including anti-avoidance) of particular rules, the relative priority of different tax claims, the fiscal sovereignty of each country, and the respective roles of national laws and tax treaties. Finally, the book includes consideration of BEPS reforms, including the transparent entity clause of the OECD Model Tax Treaty.

Within the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.

The fourteen studies included in this volume have been chosen to serve several purposes simultaneously. At a basic level, they aim to provide a general - if not wholly systematic - coverage of the emergence and evolution of law during the first three and a half centuries of Islam. On another level, they reflect the different and, at times, widely divergent scholarly approaches to this subject matter. These two levels combined will offer a useful account of the rise of Islamic law not only for students in this field but also for Islamicists who are not specialists in matters of law, comparative legal historians, and others. At the same time, however, and as the Introduction to the work argues, this collection of distinguished contributions illustrates both the achievements and the shortcomings of paradigmatic scholarship on the formative period of Islamic law.

This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law - either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.

This book is a comprehensive analysis of the major intellectual positions in the philosophical debate on Islamic law that is occuring in contemporary Iran. In light of the relationship between global modernity and the religion of Islam, the purpose is to analyze to what extent these positions and their understanding of questions of epistemology, methodology and hermeneutics are engendered by the cognitive and ontological structures of modernity. Among the pivotal figures who are considered in this respect are primarily Abdullah Jawadi-Amuli (traditionalism), Muhammad Mujtahid-Shabistari (modernism) and Abd al-Karim Surush (postmodernism), but other individuals who belong to the intellectual elite of Iran are also included.

Series Information:
Culture and Civilization in the Middle East

A soldier obeys illegal orders, thinking them lawful. When should we excuse his misconduct as based in reasonable error? How can courts convincingly convict the soldier's superior officer when, after Nuremberg, criminal orders are ex-pressed through winks and nods, hints and insinuations? Can our notions of the soldier's "due obedience," designed for the Roman legionnaire, be brought into closer harmony with cur-rent understandings of military conflict in the contemporary world? Mark J. Osiel answers these questions in light of new learning about atrocity and combat cohesion, as well as changes in warfare and the nature of military conflict.

Sources of atrocity are far more varied than current law as-sumes, and such variations display consistent patterns. The law now generally requires that soldiers resolve all doubts about the legality of a superior's order in favor of obedience. It ex-cuses compliance with an illegal order unless the illegality--as with flagrant atrocities--would be immediately obvious to any-one. But these criteria are often in conflict and at odds with the law's underlying principles and policies. Combat and peace op-erations now depend more on tactical imagination, self-disci-pline, and loyalty to immediate comrades than on immediate, unreflective adherence to the letter of superiors' orders, backed by threat of formal punishment. The objective of military law is to encourage deliberative judgment. This can be done, Osiel sug-gests, in ways that enhance the accountability of our military forces, in both peace operations and more traditional conflicts, while maintaining their effectiveness.

Osiel seeks to "civilianize" military law while building on sol-diers' own internal ideals of professional virtuousness. He re-turns to the ancient ideal of martial honor, reinterpreting it in light of new conditions, arguing that it should be implemented through realistic training in which legal counsel plays an en-larged role rather than by threat of legal prosecution. Obeying Orders thus offers a compelling answer to the question that has most haunted the moral imagination of the late twentieth cen-tury: the roots--and restraint--of mass atrocity in war.

Thirty years ago, English jurist Patrick Devlin wrote: "Is it not a pleasant tribute to the medical profession that by and large it has been able to manage its relations with its patients ... without the aid of lawyers and law makers."

Medical interventions at the beginnings and the endings of life have rendered that assessment dated if not defeated.

This book picks up some of the most important of those developments and reflects on the legal and social consequences of this metamorphosis over the past ten years, and will be of interest to students of law, sociology and ethics who want a considered and critical introduction to, and reflection on, key issues in these pivotal moments of human life.

This ambitious book presents the first sustained analysis of the evolving representation of Cuthbert, the premier saint of northern England. The study spans both major and neglected texts across eight centuries, from his earliest depictions in anonymous and Bedan vitae, through twelfth-century ecclesiastical histories and miracle collections produced at Durham, to his late medieval appearances in Latin meditations, legendaries, and vernacular verse. Whitehead reveals the coherence of these texts as one tradition, exploring the way that ideologies and literary strategies persist across generations. An innovative addition to the literature of insular spirituality and hagiography, The Afterlife of St Cuthbert emphasises the related categories of place and asceticism. It charts Cuthbert's conceptual alignment with a range of institutional, masculine, northern, and national spaces, and examines the distinctive characteristics and changing value of his ascetic lifestyle and environment - frequently constituted as a nature sanctuary - interrogating its relation to his other jurisdictions.

This book provides a comparative and accessible analysis of key areas of healthcare law, comparing English law with selected common and civil law jurisdictions within a framework of law and medical ethics, and encompassing pivotal cases, codes and legislation. The introduction examines medical decision making, and legal and ethical frameworks in Western and non-Western cultures. Part I examines healthcare law in England and Wales, including abortion, consent, confidentiality, children, euthanasia, persistent vegetative state patients, organ transplantation, sterilisation of the mentally incapacitated, surrogacy, UK cloning proposals and the landmark conjoined twins case. Part II covers non-English common law jurisdictions such as Australia, New Zealand, Ireland and certain American jurisdictions. Civil law examples focus on France and Germany, and, where appropriate, Scandinavian countries. International perspectives on abortion laws and euthanasia are also provided. The book concludes with a comparative overview, which highlights common healthcare themes across various jurisdictions. Comparative Healthcare Law brings together information never previously accessible within the covers of one volume, making this unique book indispensable for scholars and practitioners in the field of healthcare law.

A little book that's big on information, the Architect's Legal Pocket Book is the definitive reference guide on legal issues for architects and architectural students. This handy pocket guide covers key legal principles which will help you to quickly understand the law and where to go for further information. Now in its third edition, this bestselling book has been fully updated throughout to provide you with the most current information available. Subjects include contract administration, building legislation, planning, listed buildings, contract law, negligence, liability and dispute resolution. This edition also contains new cases and legislation, government policy, contract terms and certificates including the RIBA contract administration certificates, inspection duties and practical completion, The Building a Safer Future, Proposals for Reform of the Building Safety Regulatory System Report, the Hackitt review, the Report of the Independent Inquiry into the Construction of Edinburgh Schools and practical issues facing architects. Illustrated with clear diagrams and featuring key cases, this is a comprehensive guide to current law for architects and an invaluable source of information. It is a book no architect should be without.

One of the primary aims of the book is to explore and formulate several Muslim legal theorists' pragmatic theories, communicative principles and linguistic views, construct them in the form of models and set them within a general uniform framework.

This book examines the life of women in the Indonesian province of Aceh, where Islamic law was introduced in 1999. It outlines how women have had to face the formalisation of conservative understandings of sharia law in regulations and new state institutions over the last decade or so, how they have responded to this, forming non-governmental organisations (NGOs) that have shaped local discourse on women's rights, equality and status in Islam, and how these NGOs have strategised, demanded reform, and enabled Acehnese women to take active roles in influencing the processes of democratisation and Islamisation that are shaping the province. The book shows that although the formal introduction of Islamic law in Aceh has placed restrictions on women's freedom, paradoxically it has not prevented them from engaging in public life. It argues that the democratisation of Indonesia, which allowed Islamisation to occur, continues to act as an important factor shaping Islamisation's current trajectory; that the introduction of Islamic law has motivated women's NGOs and other elements of civil society to become more involved in wider discussions about the future of sharia in Aceh; and that Indonesia's recent decentralisation policy and growing local Islamism have enabled the emergence of different religious and local adat practices, which do not necessarily correspond to overall national trends.

This comparative international review of law and practice liability describes the framework in which lawyers, insurers, contractors and clients dealing with liability operate. The act of building involves risk and, in the case of damages occurring after construction, it is often hard to identify responsibility.
This will be an essential reference for construction lawyers, insurers and other senior practitioners and managers in industry, based on research and analysis by CIB (Conseil International du Batiment) as part of the CIB series programme.

All serious environmental threats are now international in scope and more than one thousand international environmental agreements already exist. Yet the prospects for international cooperation leading to the management of impacts on the planet remain grim. The Global Environment meets the need for an authoritative assessment of the state of international environmental institutions, laws and policies at the end of the 20th century. The book examines disagreements over the meaning of sustainable development, problems inherent in implementing environmental policies and the conflict over the exclusion of developing countries from the Kyoto Protocol. It discusses the profound trade-offs that may be required, the role of international financial interests in promoting incompatible forms of development and analyses international environmental institutions, law and policy and sustainable development.

All serious environmental threats are now international in scope and more than one thousand international environmental agreements already exist. Yet the prospects for international cooperation leading to the management of impacts on the planet remain grim. The Global Environment meets the need for an authoritative assessment of the state of international environmental institutions, laws and policies at the end of the 20th century. The book examines disagreements over the meaning of sustainable development, problems inherent in implementing environmental policies and the conflict over the exclusion of developing countries from the Kyoto Protocol. It discusses the profound trade-offs that may be required, the role of international financial interests in promoting incompatible forms of development and analyses international environmental institutions, law and policy and sustainable development.

The increased accountability of teachers has meant that actions on negligence are a reality. This is a comprehensive guide to all aspects of the law for teachers, covering everything from the employment relationship to lesson content and discipline.

This text examines liability issues and discusses disputes involving some of the most famous people and events in sports history. Lawyers unfamiliar with sports law could appreciate this book, as well as scholars in other fields, as it also serves as a legal primer and survey of cases and issues.

Magazine Law is a comprehensive guide to the law for magazine journalists, editors and managers. Written by a barrister experienced in publishing and copyright law and a former magazine journalist and law lecturer, the book addresses the special needs of the magazine industry and explains the laws that regulate and seek to determine what journalists can and cannot publish, and how these laws are applied in everyday situations.
Written specifically for all those in the magazine industry, as well as students of magazine journalism, the authors address issues which directly affect day to day practice. The legal and regulatory framework is illustrated with case studies and up-to-date examples of precedent setting cases.
Topics covered include:
* the legal process and the distinction between criminal and civil law
* the role of the courts and reporting court procedure
* defamation, fair-comment and libel
* product testing and criticism
* copyright and passing off
* law for photographers, picture researchers and the use of illustrations
* privacy and trespass
* competition, lotteries and magazine promotion
* sub-editing errors and inaccurate copy
* ethical and professional issues facing journalists
Codes of Practice published by the Press Complaints Commission and National Union of Journalists are set out in appendices, as are requirements for the award of a National Vocational Qualification in Periodical Journalism in Press Law and Ethics. A glossary of legal terms is included.

Dynamic risk factors are the children of risk prediction. They were identified to help practitioners assess risk of recidivism and to set treatment targets likely to reduce reoffending. This resulted in the development of intervention programs designed to modify the characteristics of individuals and their environments associated with crime. The predictive nature of their legacy lies in their ability to provide reliable information about the likelihood of future reoffending. In this respect, dynamic risk factors are useful complements to static risk factors such as age, gender, and history of offending, and add incremental validity to recidivism prediction. Their treatment utility resides in the fact that practitioners increasingly rely on the identification of dynamic risk factors to direct correctional assessment and interventions. Thus, dynamic risk factors have a dual status. They are both useful predictors of reoffending and measures of risk status, and potential causes of reoffending, capable of serving an explanatory role as well as a predictive one. It is a simple and powerful conceptualization that has streamlined forensic and correctional research, program development, and the delivery of treatment. Despite its conceptual elegance we believe that the dual conceptualization of dynamic risk factors is problematic and these difficulties spill over into their role in assessment, assessment, treatment, and desistance contexts. In this publication, the nature and function of dynamic risk factors are investigated and their strengths and limitations identified. This book was originally published as a special issue of Psychology, Crime and Law.

This book examines the interrelationship between law, culture, patriarchy and religion in the context of contemporary Bangladesh. It explores the role of Islam in society and politics generally, and its influence on gender equality in particular. The work focuses on the situation of married women. Taking a socio-legal approach, it analyses the changing nature of the dowry practice and its relation to women's increasing paid labour force activity. Despite anti-dowry legislation, it is argued here that the dowry system continues in the form of the appropriation of wives' income. The work calls for legal recognition of this action and the amendment of the Dowry Prohibition Act 1980 as a result of the changing social realities that are taking place in the lives of Bangladeshi women. An Islamic approach is applied to equality between men and women in addressing and analysing these issues. The book includes international comparisons on gender equality and discusses the role of the Convention on the Elimination of All Forms of Descrimination Against Women (CEDAW), as well as the dowry system in South Asia. The book will be of interest to academics and researchers working in the areas of law and religion, gender studies and international development.