It is the first study which comprehensively, systematically and critically examines the role and usefulness of the concept of Maqasid al-Shari'a (higher Objectives of Islamic Law) in contemporary Muslim reformist thought in relation to number of specific issues pertaining to Islamic legal philosophy, law, ethics and the socio-political sphere.

In recent years, a number of global claims have failed because they were presented without any systematic analysis, justification or proper calculation of losses. Hence, Global Claims in Construction highlights these issues as well as the importance of understanding causation, factual necessity and the courts' attitude and approach to global claims. Global Claims in Construction addresses the principles of global claims and their calculation methodologies in detail through extensive references to literature, case law and a real world case study. It aims to be a valuable resource for professionals working in the construction industry, as well as students in construction and engineering.

So what exactly is Islam? And what does the Koran (Qur'an), Islam's most sacred text, REALLY teach? Professor Khalid Sayyed presents this insightful and comprehensive study, that will undoubtedly shed light on a number of problematic themes concerning the practice and philosophy of Islam in today's world. This attractively-priced paperback version, fully indexed, is a must for any serious student of Islam..... A review from Dr Syed Husain, Cambridge University: "To my mind, what makes THE QURAN'S CHALLENGE TO ISLAM most welcome is the author's desire to avert clashes caused by misunderstandings about Islam today. Illustrating the author's ground-breaking research, this unusual piece of work convincingly acquaints the Muslim as well as the non-Muslim world with what Islam is and what it really means. Sayyed very clearly highlights the differences and conflicts which the Muslim Holy Scripture has with the conventional beliefs of Islam."

This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz' work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice.

The global nature of crime often requires expert witnesses to work and present their conclusions in courts outside their home jurisdiction with the corresponding need for them to have an understanding of the different structures and systems operating in other jurisdictions. This book will be a resource for UK professionals, as well as those from overseas testifying internationally, as to the workings of all UK jurisdictions. It also will help researchers and students to better understand the UK legal system.

The concept of the nation-state has as an essential element the control of territory, legal and political authority over the acquisition, ownership, use and disposition of land. The rapid increase during the 1970s in the pace of foreign 1 investment -with the acquisition of real property as a centerpiece-has stirred new concern for the ability and disability of aliens to invest in and acquire title 2 to the physical territory of a given state. With a variety of factors now stimulating 3 foreign investment in land, increased attention has been given in many countries to the role of the state in controlling, inhibiting or prohibiting investment in real property by aliens. English law long ago established that the alien would be subject to significant 4 disabilities in connection with the ownership of land. The imposition of similar 5 restrictions on aliens is found in the early law of most nation-states. Such disabilities have their roots in the feudal period, and it was not until the eighteenth century that the countries of Continental Europe abandoned the absolute 6 prohibition on succession to real property by aliens. The prohibition was replaced by a tax imposed on aliens who withdrew the property of the state of which the decedent was a citizen. Common Law rules restricting alien succession developed in the thirteenth century.

This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussionis relevant to any jurisdiction."

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. "

Warfare is changing - and rapidly. New technologies, new geopolitical alignments, new interests and vulnerabilities, and other developments are changing how, why, and by whom conflict will be waged. Just as militaries must plan ahead for an environment in which threats, alliances, capabilities, and even the domains in which they fight will differ from today, they must plan for international legal constraints that may differ, too. This volume considers how law and institutions for creating, interpreting, and enforcing it might look two decades ahead - as well as what opportunities may exist to influence it in that time. Such assessment is important as the U.S. and other governments plan for future warfare. It is also important as they formulate strategies for influencing the development of law to better serve security, humanitarian, and other interests. This volume examines not just specific questions, such as how might a particular technology require adaptive interpretation of existing law, but also grand ones, such as whether law is capable at all of keeping up with these changes.

The Code of Canon Law: A Text and Commentary, also commissioned by the Canon Law Society of America, was published in 1985. But much has changed in the nearly twenty years since the authors of the previous commentary did their work. The Church has changed. The Roman Catholic Church worldwide has come to terms with the 1983 Code of Canon Law, and has had considerable experience living by those new rules. It is that experience which this new commentary tries to capture and assess. Canon law has changed. The 1983 code itself has undergone just one formal amendment, however, many new documents and official interpretations have enlarged and reshaped the canonical scene in the intervening years. The Canon Law Society of America has done a new English translation of the code, published in 1999. This new translation, contained herein, forms the basis for the explanations and reflections that make up this new commentary. The authors have changed. Of the thirty-six contributors to this commentary, about three-quarters are different from the authors of the 1985 commentary.

This book addresses an experiment in funding money damage claims in England from 2000 to 2013. The model - recoverable conditional fees - was unique and has remained so. It covers the development, amendment and effective abolition of the model, as well as the process of policy development and the motivation and objectives of the policy makers.

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

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

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

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

This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.

This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.

This study argues that the decriminalization of sex work in China can contribute to HIV prevention and human rights protection. The argument is supported by six key concepts: the universality of human rights, rights-based approaches to HIV, sex work as work, risk environment for HIV transmission, decriminalization of sex work as a preferred model for HIV prevention, and rights-based responses to HIV and sex work. Three research methods are used, including research methods from law, social science, and public health. Recommendations are provided to reform Chinese law and HIV policy.

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 contributes to an understanding of the dynamic complexities involved in the design of e-justice applications that enable online trans-border judicial proceedings in Europe. It provides answers to critical questions with practical relevance: How should online trans-border judicial proceedings be designed in order to deliver effective and timely justice to European citizens, businesses and public agencies? How can the circulation of judicial agency across Europe be facilitated? Based on extensive research, the book explores and assesses the complex entanglements between law and technology, and between national and European jurisdictions that emerge when developing even relatively simple e-services such as those supporting the European small claims procedure and European payment orders. In addition to providing a strong theoretical framework and an innovative approach to e-justice design, this book includes case studies that are based on a common methodology and theoretical framework. It presents original empirical material on the development of e-government systems in the area of European justice. Finally, it introduces the design strategies of Maximum Feasible Simplicity and Maximum Manageable Complexity and, based on them, it proposes architectural and procedural solutions to enhance the circulation of judicial agency.

This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques.
As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

Essays on the Doctrinal Study of Law is a summary of the author's 40 years of research in the fields of civil law and the philosophy of law. The main focus is on the two main tasks in the doctrinal study of law: the interpretation and systematisation of legal norms. In this regard, Professor Aarnio deals with the theory of argumentation as well as with its foundations - i.e., with the ontology, epistemology and methodology of legal thinking - and develops the ideas that were first presented in The Rational as Reasonable (Kluwer 1987) in all of these dimensions. The work includes an updated discussion on the writings of Robert Alexy, Jurgen Habermas, Ronald Dworkin and Alf Ross. A focal point of view concerns the distinction between positivism and non-positivism, in which the core of the criticism focuses on Scandinavian realism.

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

A unique collection of studies, the present volume sheds new light on central themes of Ibn Taymiyya's (661/1263-728/1328) and Ibn Qayyim al-Jawziyya's (691/1292-751/1350) thought and the relevance of their ideas to diverse Muslim societies. Investigating their positions in Islamic theology, philosophy and law, the contributions discuss a wide range of subjects, e.g. law and order; the divine compulsion of human beings; the eternity of eschatological punishment; the treatment of Sufi terminology; and the proper Islamic attitude towards Christianity. Notably, a section of the book is dedicated to analyzing Ibn Taymiyya's struggle for and against reason as well as his image as a philosopher in contemporary Islamic thought. Several articles present the influential legacy of both thinkers in shaping an Islamic discourse facing the challenges of modernity. This volume will be especially useful for students and scholars of Islamic studies, philosophy, sociology, theology, and history of ideas.

Since the end of the Cold War, the Middle East has been the focus of various projects for the establishment of arms control (including CBMs) regimes. Whereas some of these projects were initiated at the global level, others were discussed and debated at the regional level. This book analyses the global and regional dynamics of arms control in the Middle East in the post-Cold War era. It examines American and European arms control projects, the contexts in which they were presented, the reactions of major regional actors, and their impacts on arms control efforts in the region. It assesses Arab perceptions of the motivations for and constraints on establishing arms control regimes. It also explores the prospects of regional arms control in the context of the ongoing Arab Spring with its ramifications for Arab regional politics, and provides a new perspective on arms control in the Middle East. This volume enriches the ongoing discourse, which to date has been dominated by mainly Western perspectives.

Ivo of Chartres was one of the most learned scholars of his time, a powerful bishop and a major figure in the so-called 'Investiture Contest'. Christof Rolker here offers a major new study of Ivo, his works and the role he played in the intellectual, religious and political culture of medieval Europe around 1100 AD. Comparing Ivo s extensive correspondence to the contemporary canon law collections attributed to him, Dr Rolker provides a new interpretation of their authorship. Contrary to current assumptions, he reveals that Ivo did not compile the Panormia, showing that its compiler worked in a distinctly different mental framework from Ivo. These findings call for a reassessment of the relationship between Church reform and scholasticism and shed new light on Ivo as both a scholar and bishop.

I. OVERVIEW Legal Issues in Mental HeaIth Care is aimed at the mental health clinician who provides services on either an inpatient or an outpatient basis. It is written for psychiatrists, psychologists, social workers, nurses, and other therapists to help them understand and manage legal issues in their daily practice. The issues covered apply to therapists who work for an agency or hospital as weil as those who work independently. The book is meant to serve as a handbook, but it also provides a quick resource as legal questions arise which are related to the obligations of the therapist. It ad dresses the legal issues that confront the clinician. It is not aimed at the clinicianwho specializes in forensie mental health issues, because the information provided does not reach that level of detail or sophistication. Nor is it aimed at the scholar, because our goal is to provide practical information in a clear and concise format. Wehave not addressed the wide array of laws protecting the mentally disabled from discrirnina tion-most notably, the Americans with Disabilities Act (1990)and the Fair Housing Act. Most states also have laws that prohibit discrimination in employment, services, and housing. These issues are beyond the scope of this book because we are address ing the legal issues that arise in providing care, rather than the rights of mentally disabled persons. 11. ORGANIZATION OF THE BOOK The book consists of eleven chapters and a Glossary of Legal Terms.

This book addresses an important but little-noticed phenomenon in the revolutionary world of military technology. Across a wide range of otherwise-unrelated weapons programs, the Pentagon is now pursuing arms that are deliberately crafted to be less powerful, less deadly, and less destructive than the systems they are designed to supplement or replace. This direction is historically anomalous; military forces generally pursue ever-bigger bangs, but the modern conditions of counter-insurgency warfare and military operations 'other than war' (such as peacekeeping and humanitarian assistance) demand a military capable of modulated force. By providing a capacity to intervene deftly yet effectively, the new generations of 'useable' weaponry should enable the U.S. military to accomplish its demanding missions in a manner consistent with legal obligations, public relations realities, and political constraints. Five case studies are provided, regarding precision-guided 'smart bombs', low-yield nuclear weapons, self-neutralizing anti-personnel land mines, directed-energy anti-satellite weapons, and non-lethal weapons.