Embryo research, cloning, assisted conception, neonatal care, saviour siblings, organ transplants, drug trials - modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book, now in its sixth edition, Margaret Brazier and Emma Cave provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The book has been fully revised and updated to cover the latest cases, from assisted dying to informed consent; legislative reform of the NHS, professional regulation and redress; European regulations on data protection and clinical trials; and legislation and policy reforms on organ donation, assisted conception and mental capacity. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law. -- .

Providing another key contribution to the immensely popular field of law and economics, this book, written by the doyen of the history of economic thought in the US, explores the dynamic relationship between economics, law and polity.

Combining a selection of old and new essays by Warren J. Samuels that chart a number of key themes, it provides an important commentary on the development of an academic field and demonstrates how policy is structured and manipulated by human social construction. The areas covered include:

• the role of manufactured belief
• power
• the nature and sources of rights
• the construction of markets by firms and governments and the problem of continuity and change in the form of the question of the selectively defined status quo and its status
• the absolutist character of government, rights, markets and legal principles and the accepted ideational structure of law.

The Legal-Economic Nexus is an essential read both economists and legal professionals as well as those researching the history of economic thought and the social construction of law.

Jurisdictional Exceptionalisms examines the legal issues associated with a parent's forced removal of their children to reside in another country following relationship dissolution or divorce. Through an analysis of Public and Private International Laws, and Islamic law - historical and as implemented in contemporary Muslim Family Law States - the authors uncover distinct legal lexicons that centre children's interests in premodern Islamic legal doctrines, modern State practice, and multilateral conventions on children. While legal advocates and policy makers pursue global solutions to parental child abduction, this volume identifies fundamental obstacles, including the absence of shared understandings of jurisdiction. By examining the relevant law and practice, the study exposes the polarised politics embedded in the technical legal rules on jurisdiction. Presenting a new, innovative method in comparative legal history, the book examines the beliefs, values, histories, doctrines, institutions and practices of legal systems presumed to be in conflict with one another.

This edited volume analyses the concepts of territory as conceived of and developed in Islamic history. In legal terms the world is divided into two parts, the "dar al-Islam" governed by the Islamic "shari'a" and the "dar al-harb" which is beyond the border of "dar al-Islam." The work explores the central question of what the concepts of territory and border were like for those Muslims who were driven by their will to expand the "dar al-Islam," those who experienced vicissitudes in the course of history, or who were inspired with mystical feelings.

Written by leading experts in their field, this is the first comprehensive single volume analysis of Islam and public policy in the English language and offers further understanding of Islam and its wider social and political implications. It examines how Sharia law affects public policy both theoretically and in practice, across a wide range of public policy areas, including human rights and family law. The process by which public policy is decided through elections, debates, political processes, and political discourse - has an additional dimension in the Islamic world. This is because Shari'a (divine law) has a great deal to say on many mundane matters of everyday life and must be taken into account in matters of public policy. "This pioneering volume goes beyond formalistic analysis of Islamic states and standard discourses of public policy to underscore the actual significance and limitations of the influence of Islamist normative and legalist discourses on key areas of public policy in the Muslim world." Jomo K. S., editor of Islamic Economic Alternatives

This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the "shari'a" courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times.

Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the "shari'a" courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in "shari'a" courts, followed by social analyses and a study of the attitudes and approaches of the "qadis, " or Muslim religious judges. Layish examines the relationship between "shari'a" and Israeli legislation: Do "shari'a" courts have regard to the provisions of Israeli law? What is the relationship between "shari'a" and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the "qadis, " toward Israeli legislation?

"Women and Islamic Law in a Non-Muslim State" is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.

Islamic law has traditionally prohibited women from being prayer leaders and heads of state. A small number of Muslims today are beginning to challenge this stance, but they face considerable opposition from the broader Muslim community. 'Women and Leadership in Islamic Law' examines the assumption within much existing feminist scholarship that the patriarchal nature of pre-Islamic and early Muslim Near Eastern Society is the primary reason for the development of Islamic legal rulings prohibiting women from leadership positions. It claims that the evolution of Islamic law was a complex process, shaped by numerous cultural, historical, political and social factors, as well as scriptural sources whose importance cannot be dismissed. Therefore, the book critically examines a broad survey of legal works from the four canonical Sunni schools of law to determine the factors that influenced the development of the legal rulings prohibiting women from assuming various leadership roles. The passages that elaborate rulings about women's leadership are presented in translation as an appendix to the research, and are then subjected to a variety of critical analyses to identify the reasons, influences, and assumptions underlying those rulings. This is the first time works of all four schools of law have been subjected to this kind of analysis for the express purpose of determining the extent to which gender attitudes have influenced and determined the rulings. This book will therefore be a vital resource for students and scholars of Islamic Studies, Religious Studies and Gender Studies.

The Collection of Anselm of Lucca (1081-1083), which was named by Cardinal Alphons M. Stickler 'the best Gregorian work' comprises papal letters, conciliar canons, patristic material and Roman law texts. The text analysis of twelfth century manuscripts has been improved by the understanding of the origin of this collection's recensions, which constituted the instruction at the cathedral school. Prof. Manlio Bellomo's opinion looks upon the traditional idea of the 'intact literary work' as an exploded idea with regard to the written works of the university instruction system. This opinion can also be affirmed regarding Anselm's Collection.

Understanding Islamic law is crucial not only for Muslims, but for non-Muslims who work with Muslims in legal contexts as well as for anyone wanting to understand the role of Islam in the world today. For unlike western legal systems where religious and legal spheres are kept separate, Islamic law is all-encompassing, directing all human actions. Legal scholar Hisham Ramadan brings together articles to give an excellent overview of the formation of Islamic law and its role in contemporary Islamic and Non-Islamic states. Following an overview of Islamic Law, chapters cover Islamic criminal law, International Humanitarian Law, contract law, & family law. A concluding essay offers an explanation of the legal value of Islam and appendices include original Islamic legal documents from Muhammad's time until today.

Understanding Islamic law is crucial not only for Muslims, but for non-Muslims who work with Muslims in legal contexts as well as for anyone wanting to understand the role of Islam in the world today. For unlike western legal systems where religious and legal spheres are kept separate, Islamic law is all-encompassing, directing all human actions. Legal scholar Hisham Ramadan brings together articles to give an excellent overview of the formation of Islamic law and its role in contemporary Islamic and Non-Islamic states. Following an overview of Islamic Law, chapters cover Islamic criminal law, International Humanitarian Law, contract law, & family law. A concluding essay offers an explanation of the legal value of Islam and appendices include original Islamic legal documents from Muhammad's time until today.

In this book, Omar Farahat presents a new way of understanding the work of classical Islamic theologians and legal theorists who maintained that divine revelation is necessary for the knowledge of the norms and values of human actions. Through a reconstruction of classical Ash'ari-Mu'tazili debates on the nature and implications of divine speech, Farahat argues that the Ash'ari attachment to revelation was not a purely traditionalist position. Rather, it was a rational philosophical commitment emerging from debates in epistemology and theology. He further argues that the particularity of this model makes its distinctive features helpful for contemporary scholars who defend a form of divine command theory. Farahat's volume thus constitutes a new reading of the issue of reason and revelation in Islam and breaks new ground in Islamic theology, law and ethics.

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.

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

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.

Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue.

Strategies in Workers' Compensation, written with the healthcare medical professional in mind, describes the nuts and bolts of workers compensation. The book details the history, laws, various stakeholders, costs, and problems encountered by healthcare providers. An emphasis is placed on the "difficult patient" with regard to management techniques for doctors, insurance companies, and employers. In addition, Strategies in Workers' Compensation offers reference material to aid in understanding the complex workers' compensation system. Human resource professionals, insurance adjusters, case managers, and nurses will find the information contained in this book useful in confronting the myriad of problems that arise within their respective fields. This book is a valuable resource for anyone who deals with the injured worker.

Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue.

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.

Today's archaeologists and law practitioners must have an increased awareness of legal issues pertaining to historic preservation and cultural resource management (CRM). Archaeological sites and finds are non-renewable resources inciting numerous legal debates based upon claims of legitimacy and ownership. In this edited volume of original articles, law professionals and legal scholars offer their perspectives on current debates for the heritage community, giving multiple viewpoints and injecting historical depth to contemporary legal controversies. The contributions focus on three key issues: Enforcement and Preservation; International Issues; and Repatriation in which insights are given on topics such as underwater cultural heritage, global trade and export, illegal trafficking of antiquities, domestic law enforcement, and indigenous people's legal rights. Famous cases such as the Elgin Marbles and the Kennewick Man, as well as laws such as NAGPRA and McClain doctrine are discussed at length. This book will be an indispensable resource to CRM practitioners, cultural property attorneys, archaeologists, community heritage groups, tribes, museums and galleries, or anyone interested in the preservation of American and global cultural heritage.

First published in 1992, the purpose of this book is to identify and describe the most important factors that must be considered in making decisions about the optimal ways to provide access to information - in short the best way to use the humans, the machines, and the intangible resources known as information, particularly at the organizational level. In recent years executives have begun to outsource computing and telecommunications functions primarily to control costs. Traditional libraries and information centres have been disbanded in favour of service contracts or outright leasing of staff. Both the private and public sector are examining their information service operations from the point of view of cost effectiveness. Decisions about owning versus leasing of information are being made daily. Decision makers are finding that they must deal differently with funding and budgeting of information systems and libraries than they have in the past. New paradigms for these service functions already exist. Not only have corporations and governments begun to contract out entire information service operations, but libraries themselves have begun to consider the costs, effectiveness, and implications of outsourcing some of their operations and services. This book provides a framework for decision-makers to view and review information services within their organizations. Entire units, components of libraries and information centres are defined and untangled so that the widest variety of organizations can analyse their own environments. Although there is a minimal use of library and computing jargon, a short glossary at the end explains terms for which there is no simple English language substitute. Each chapter is accompanied by comments from a broad range of experts in the information field.

First published in 1998, this volume contains essays from leading thinkers on both sides of the Atlantic on the relationship between law and science. Science plays an ever-increasing part in the development of legislation and the adjudication of cases. Its limitations and its value are explored in these essays which discuss issues of methodology and of evidence. Amongst areas covered are silicone breast implants, the rape trauma syndrome, the environment, inventions and Bayesianism.

Case law evidence shows that mental health professionals (MHPS) have lost cases in court because they based their professional action on the wrong definition of legal or ethical terminology. Many have also been sanctioned or their license revoked because of professional actions arising from a lack of clear understanding of these terminologies. This dictionary confronts this problem by providing MHPS with clear, concise, and functional definitions of many legal and ethical terminologies. A review of the meaning of these terms before a professional action or activity is sure to enhance compliance with ethical and legal standards and regulations. The addresses and phone numbers of state licensure boards for counselors, psychologists and social workers are included to facilitate consultation in related issues not specifically covered by definitions.