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Books > Law > Other areas of law
This book provides a comprehensive, global exploration of the scale, scope, threats, and drivers of wildlife trafficking from a criminological perspective. Building on the first edition, it takes into account the significant changes in the international context surrounding these issues since 2013. It provides new examples, updated statistics, and discusses the potential changes arising as a result of COVID-19 and the IPBES 2019 report. It also discusses the shift in trafficking 'hotspots' and the recent projects that have challenged responses to wildlife trafficking. It undertakes a distinctive exploration of who the victims and offenders of wildlife trafficking are as well as analysing the stakeholders who are involved in collaborative efforts to end this devastating green crime. It unpacks the security implications of wildlife trade and trafficking and possible responses and ways to combat it. It provides useful and timely information for social and environmental/life scientists, law enforcement, NGOs, and policy makers.
Scholars, thinkers, and activists around the world are paying increasing attention to a legal reform method that promises to revolutionize the way people think about Islamic law. Known as "The Objectives of the Shari'a" (maqasid al-shari'a), the theory offers a way to derive and apply new Islamic laws using an ancient methodology. The theory identifies core objectives that underlie Islamic law, and then looks at inherited Islamic laws to see whether they meet those objectives. According to the maqasid theory, historical Islamic laws that meet their objectives should be retained, and those that do not-no matter how entrenched in practice or embedded in texts-should be discarded or reformed. Recently, several scholars have questioned the maqasid theory, arguing that it is designed not to reform laws, but to support existing power structures. They warn that adopting the maqasid wholesale would set the reform project back, ensuring that inherited Islamic laws are never fully reformed to agree with contemporary values like gender-egalitarianism and universal human rights. The Objectives of Islamic Law: The Promises and Challenges of the Maqasid al-Shari'a captures the ongoing debate between proponents and skeptics of the maqasid theory. It raises some of the most important issues in Islamic legal debates today, and lays out visions for the future of Islamic law.
A core function of social work is to assist, empower, and protect the most vulnerable in society. Social workers make difficult decisions in complex and challenging situations every day. They work in organizations that have clear statutory duties. Therefore, it is essential that social work students know what their responsibilities are. Familiarity with law, legislation, and legal processes is consequently fundamental to sound social work practice. This best-selling book helps social work students gain this foothold in understanding law as it applies to social work practice. It avoids complicated legal jargon remote from the everyday realities of practice, offering instead a grounding in legally-appropriate, rights-based social work. It covers the full range of social work law, including services for children and families and child protection, adult care law, youth justice, court work, professional regulation, and human rights.
Nineteenth-century Istanbul was an intellectual hub of rich discussions about Islam, in which leading reformists had a significant role. Turkey today appears to be an intellectual vacuum to anyone searching for ongoing critical engagement with Islam. The main purpose of this book is to adjust this view of Turkey by showcasing the modern Turkish theologians who challenge mainstream Sunni interpretations of Islam. Labelling these theologians as 'rationalist' rather than 'reformist', the author reveals that their theology is inherently anti-establishment and thus a religiously-oriented challenge to the hegemony of the state-sanctioned Islam: for the rationalists, Turkey's problems have their origins in the Sunni interpretation of Islam. Contemporary Rationalist Islam in Turkey analyses nine prominent scholars of Islam who provide a religious opposition to the Sunni revival in Turkey: Huseyin Atay, Yasar Nuri OEzturk, M. Hayri Kirbasoglu, Ilhami Guler, R. Ihsan Eliacik, OEmer OEzsoy, Mustafa OEzturk, Israfil Balci, and Mehmet Azimli. These scholars' writings are almost exclusively published in Turkish, so this book makes their ideas available in English for the first time. It also examines the scope, methodology and argumentation of the scholars' theology, categorizing their theological interpretations from 'historicist' to 'universalist' and from 'empiricist' to 'rationalist'. In identifying a new 'rationalist' school of Turkish theology and outlining its different manifestations, the book breaks new ground. It fills a significant gap in the literature on Islamic studies and reveals an understudied dimension of Turkey and Turkish Islam beyond the well-known ideas of the AKP and the Gulenists.
Top Ten Global Justice Law Review Articles 2008 is a thorough and
accessible review of the most salient, the most controversial, and
the most illuminating essays on security law in the previous
calendar year. In this edition, Professor Amos Guiora presents the
ten most vital and pertinent law review articles from 2008 written
by both scholars who have already gained international prominence
as experts in global justice as well as emerging voices in the
realm of international criminal law and human rights. These
articles deal with issues of terrorism, security law, environmental
law, and the preservation of civil liberties in the post-9/11
world. The chosen selections derive not just from the high quality
and expertise of the articles' authors, but equally from the wide
diversity of legal issues addressed by those authors. Guiora
combines the expertise of scholars from both eminent law schools
and government agencies to provide a valuable resource for scholars
and experts researching this important subject area.
1) This is a lucid and comprehensive volume on Islamic Banking and Finance. 2) It is written by Award Winning Indian Economist Professor Zubair Hasan. 3) This book will be of interest to departments of Economics across UK and USA.
Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynamics of mediation. The fourth tier is the cross-border and cross-cultural dynamics of mediation. Taken together, the four tiers that premise the four-tiered model of mediation seek to unlock the finding in view of which law and social reality are tightly interlocked. In this vein, it is the underlying social reality of a given jurisdiction that should dictate the design of a pre-suit court-connected mandatory mediation with an easy opt-out, a central claim of both social dynamics of mediation (the first tier of the four-tiered model of mediation) and legal dynamics of mediation (the third tier of the four-tiered model of mediation).
This book provides a critical study of environmental regulation and its enforcement in New Zealand, situated within green criminology. It seeks to address the question of whether the offences in the Resource Management Act 1991 are 'working', by drawing on a range of sources including: central government data, local government policies and reports on enforcement, information requests of councils, studies of local authority enforcement behaviour and case law to. Through highly layered and richly textured analysis, the project exposes the problems that can arise when an expansive approach is taken to offences, penalties and institutional arrangements in an environmental regulatory statute. It emphasizes how discussions of harm and what should be unlawful will ensure that law-makers' enforcement tools will align with their goals for punishment. It examines higher-level issues such as 'wrongfulness' and 'criminality' in the environmental regulatory context and explores the relevance of its findings to jurisdictions outside of New Zealand. It also discusses the pros and cons of criminalisation and punishment versus restoration. It speaks to those interested in green criminology, regulatory compliance and enforcement, and applications of criminal law.
Moral Rationalism and Shari'a is the first attempt at outlining the scope for a theological reading of Shari'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shi'i readings of Shari'a. Within Shi'i works of Shari 'a legal theory (usul al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur'an and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shi 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shi'i adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Shari 'a norms within mainstream contemporary Shi'i thought. Through a close examination of the notion of independent rationality as a source in modern Shi'i usul al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Shari 'a are shown to be purely epistemic. In line with the 'emic' (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Shari'a that is consistent with the fundamental moral rationalism of Shi'i thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Shari'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent
Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional and Parliamentary testimony, reports by quasi-governmental organizations, and case law covering issues related to terrorism. The series also includes a subject index and other indices that guide the user through this complex area of the law. Overall, the series keeps users up-to-date on the panoply of terrorism issues now facing the U.S. and the world. Presidential Powers and the Global War Against Terrorists provides readers with a detailed and insightful exposition of the law of presidential war powers. The recent expansion of those powers by the Bush Administration has created uncertainty as to where the legal limits for Executive Branch military and surveillance activity currently lie. In this volume, Professor Doug Lovelace identifies those limits through both his presentation of relevant documents and his expert commentary of the meaning behind those documents.
Universities are pressed to compete within the global scene of international higher education. What is the status of the national or local language in higher education when the dominance of English in the academic world increases? Universities have become an interesting field for research on sociolinguistic and language policy aspects. How can the global edge and the local function of universities be effectively combined? This book combines case study contributions from countries within and outside Europe in order to underline the key language policy challenges universities around the world face in their attempt to remain nationally leading and interna-tionally competitive institutions. The grouping of different countries and contexts leads to the scrutiny of a variety of scopes that complement each other.
This book presents the essential knowledge and legal practice for establishing and operating companies in China. The book includes 6 chapters: Establishment of a Company; Shareholders, Directors, Supervisors, Senior Executives; Investment, M&A and Creditor's Rights; Financing and Guarantee; Alteration, Liquidation and Cancellation; Malfeasance Most Likely to be Overlooked. The end is a summary of the laws and regulations involved in the chapters above. From a professional perspective, this book explains and analyzes the key points, practical difficulties and potential risks that an enterprise may encounter in the process of establishment and operation, describes in detail the key points for handling various businesses and matters, the notes for selection of different administrative procedures, and conducts multi-dimensional comparison and case analysis to facilitate readers' understanding. This book is a practical guide for everyone to understand how to establish and operate a company in China, which is not only suitable for readers who want to start a business or have already started a business, but also suitable for overseas investors to fully understand how to establish and operate a company in China. It is also helpful for investors and entrepreneurs to lead the enterprise to be more standardized and more compliant so as to achieve better operation and development. In addition, this book could be used as a reference book for legal and financial professionals to help professionals become more professional.
Incest was a social problem in the Middle Ages, and also a popular literary theme. This wide-ranging study is the first survey of medieval incest stories in their cultural context. Did they reflect real life situations? How was incest defined in the Middle Ages? How were classical incest stories treated by medieval writers? Why was incest such a popular motif in the legendary lives of popes and saints, and why was it inserted into the stories of great heroes such as Charlemagne and Arthur?
Behavioral Forensics: Using Applied Behavior Analysis in Psychological Court Evaluations presents the first compendia on the application of behavioral principles for the assessment and analysis of criminal behavior in court-ordered psychological evaluations. The book explains criminal motivation, risk behaviors, custody, criminal responsibility, and competence to stand trial. BFA employs principles and techniques of standard behavioral assessment in deducing causal evidence from interview and psychometric data. Sections cover evidence-based concepts and principles of BFA vs. obsolete forensic evaluation models, also including ten case studies that illustrate BFA in pre and post-sentencing evaluations that demonstrate how to determine risk of criminal recidivism or competency. Considering the unprecedented numbers of psychologists turning to forensic work and influx of graduate programs offering degrees in criminal behavior analysis, this book is a timely resource for a variety of readers.
Access to justice, equality before the law, and the rule of law are three fundamental values underpinning the civil justice system. This book examines these values and how, although they do not have great leverage in decision making by the courts, they are a crucial foundation of the civil justice system and a powerful argument for arrangements such as legal aid, the impartial application of law, and the independence of the judiciary. The second theme of this book concerns the role of procedure, often regarded as of secondary importance compared with substantive law. Taking the definition of procedure at its widest, the book discusses Lord Woolf's Inquiry, and demonstrates how procedural reform can maximize a fundamental value like access to justice. This linkage is furthered in a later analysis of access to justice comparatively, in relation to civil and commercial law. Thirdly, the book looks at understanding how law works, and how it could be made to work better, and concludes that this demands both a knowledge of law and of law's context. This theme offers a framework for the book, which then goes on to deal with the machinery of the law, and discusses what the courts do, civil procedure, and the ethics of lawyer's conduct, all in relation to the broader context of access to justice. This broader context of the law is particularly prominent in the latter half of the book which deals with various dimensions of the impact of the law. Including studies of civil and social rights in practice, the role of European law in the destruction of Aboriginal society in Australia, and commercial law in Asia, these examples raise issues about the gap between the law and reality, the potential law has to destroy social patterns, and the relationship between law and economic development. This is a thought-provoking, critical exploration which has much to offer those interested in the operation of the civil justice system.
Security sector reform (SSR) is central to the democratic transitions currently unfolding across the globe, as a diverse range of countries grapple with how to transform militias, tribal forces, and dominant military, police, and intelligence agencies into democratically controlled and accountable security services. SSR will be a key element in shifts from authoritarian to democratic rule for the foreseeable future, since abuse of the security sector is a central technique of autocratic government. This edited collection advances solutions through a selection of case studies from around the world that cover a wide range of contexts.
This book provides an analysis of the treatment of impossibility in modern private law. The author explains the regulation of impossibility in German, Swiss and Turkish laws with a comparative analysis of the subject under (i) the United Nations Convention on International Sale of Goods (CISG), (ii) UNIDROIT Principles of International Commercial Contracts (PICC), (iii) Principles of European Contract Law (PECL also known as the Lando-Principles), (iv) Draft Common Frame of Reference (DCFR) and (iv) Common European Sales Law (CESL).
This book traces the evolution of organisational activism among Muslim women in India. It deconstructs the 'Muslim woman' as the monolith based on tropes like purdah, polygamy, and tin talaq and compels the reader to revisit the question of Muslim women's individual and collective agency. The book argues that the political field, along with religion, moulds the nature and scope of Muslim women's activism in India. It looks at the objectives of four Muslim women's organisations: the Bazm-e-Niswan, the Awaaz-e-Niswaan, the Bharatiya Muslim Mahila Andolan and the India International Women's Alliance (IIWA), in close interaction with the political landscape of Mumbai. The book explores the emergence of gender-inclusive interpretation of Muslim women's rights by Muslim women activists and challenges the dominant and reductionist stereotypes on Muslim women, community, and absolutist ideas of Islam. It argues that Muslim women are not passive victims of their culture and religion, rather they can develop a critique of their marginality and subjugation from within the community. Revisiting Muslim Women's Activism traces the evolution of a community-centric approach in women's activism and records a fragmented view on women's rights from within the community and religious leadership. It also delineates the distinctiveness of this activism that considers religion and culture as resources for empowerment and as sites of contestations. Moreover, the book documents the narratives of Muslim women's struggle and resistance from their location and lived experiences. It will be of interest to students and researchers of women's studies, gender studies, political science, sociology, anthropology, law, and Islamic studies.
This book focuses on the tactics and strategies used in business-to-business contract negotiations. In addition to outlining general negotiation concepts, techniques and tools, it provides insight into relevant framework conditions, underlying mechanisms and also presents generally occurring terms and problems. Moreover, different negotiating styles are illustrated using an exemplary presentation of negotiation peculiarities in China, the USA and Germany. The presented tactics and strategies combine interdisciplinary psychological and economic knowledge as well as findings from the field of communication science. The application scope of these tactics and strategies covers business-to-business negotiations as well as company-internal negotiations. The fact that this book does not necessarily stipulate any prior knowledge of the subject of negotiations also makes it highly suitable for nonprofessionals with a pronounced interested in negotiations. Nonetheless, it provides proficient negotiators with a deeper understanding for situations experienced in negotiations. This book also helps practioners to identify underlying mechanisms and on this basis sustainably improve their negotiation skills.
The book analyzes the most relevant developments in the relation between contracts and technology, from automatically concluded contracts to today's revolutionary "smart contracts" developed through blockchain, which are beginning to and will increasingly disrupt many economic and social relations. First of all, the author offers a broad analysis of the peculiarities and evolution of the relation between contracts and technology. The main features and elements of electronic contracts are then examined in depth to highlight the specific rules applicable to them in the international comparative legal framework. In turn, the book provides a detailed explanation of the technology, economic and social dynamics, and legal issues concerning blockchain and smart contracts. The analysis focuses on the question of the legal nature of smart contracts, the issues posed by their development and the first legal solutions adopted in some countries. The comparative approach pursued makes it possible to focus attention on the first solutions adopted until now in various systems, with particular regard to the circulation of models and ideas and to the specificities of their local variations, in terms of e.g. applicable law and jurisdiction. In reviewing the characteristics of distributed ledger technologies, and in particular of the blockchain technology on which smart contracts are based, above all the peculiarities of the latter are taken into consideration, especially automatic execution and resistance to tampering, which simultaneously present significant opportunities and complex legal issues. A comprehensive framework is then provided to reconcile smart contracts with comparative contract law, in order to define the scope and specificities of their binding force, legal effectiveness and regulation in various legal systems. Lastly, with specific reference to the elements, pathologies and contractual remedies for smart contracts, the book examines the peculiarities of their application and the main issues that emerge in comparative contract law in order to promote their harmonized use, in keeping with the transnational nature of such a revolutionary tool.
The creation of a national school of Islamic law in Indonesia has been on the legal agenda for the past fifty years. This book is a summary of what has been achieved. The material shows us a complex range of references for syariah. These include the formal structures of a "new fiqh," philosophies of law, transmissions of syariah through tertiary curricula and the Friday sermon in mosques, a bureaucratic form for conducting the Hajj, and contemporary debates on syariah values as expressions of public morality. Together these references indicate just how elusive the meaning of syariah has become in contemporary Indonesia.
If, as John Rawls famously suggests, justice is the first virtue of
social institutions, how are we to understand the institution of
contract law?
The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education. The book combines anthropology and Islamicist history, using ethnography and in-depth analysis of Arabic religious texts. The book focuses on higher religious learning in contemporary Egypt, examining its intellectual, ethical, and pedagogical dimensions. Data is drawn from fieldwork inside al-Azhar University, Cairo University's Dar al-Ulum, and the network of traditional study circles associated with the al-Azhar mosque. Together these sites constitute the most important venue for the transmission of religious learning in the contemporary Muslim world. The book gives special attention to contemporary Egypt, and also provides a broader analysis relevant to Islamic legal doctrine and religious education throughout history.
This book contends that modern concerns surrounding the UK State's investigation of communications (and, more recently, data), whether at rest or in transit, are in fact nothing new. It evidences how, whether using common law, the Royal Prerogative, or statutes to provide a lawful basis for a state practice traceable to at least 1324, the underlying policy rationale has always been that first publicly articulated in Cromwell's initial Postage Act 1657, namely the protection of British 'national security', broadly construed. It further illustrates how developments in communications technology led to Executive assumptions of relevant investigatory powers, administered in conditions of relative secrecy. In demonstrating the key role played throughout history by communications service providers, the book also charts how the evolution of the UK Intelligence Community, entry into the 'UKUSA' communications intelligence-sharing agreement 1946, and intelligence community advocacy all significantly influenced the era of arguably disingenuous statutory governance of communications investigation between 1984 and 2016. The book illustrates how the 2013 'Intelligence Shock' triggered by publication of Edward Snowden's unauthorized disclosures impelled a transition from Executive secrecy and statutory disingenuousness to a more consultative, candid Executive and a policy of 'transparent secrecy', now reflected in the Investigatory Powers Act 2016. What the book ultimately demonstrates is that this latest comprehensive statute, whilst welcome for its candour, represents only the latest manifestation of the British state's policy of ensuring protection of national security by granting powers enabling investigative access to communications and data, in transit or at rest, irrespective of location. |
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