The two themes brought together in this volume - the canon law and the liturgy of the early medieval Latin Church - have close links, as these articles reveal. At the basis of this lies that fact that the collections and manuscripts with which Professor Reynolds is concerned provide the source material for both fields of study. In the book particular emphasis is given to the Irish Collection canonum hibernensis and its many derivatives, to works from Carolingian Salzburg and eleventh-century Southern Italy, and to liturgical collections. The whole illustrates the need for liturgiologists to be aware of the riches in medieval legal sources, and for legal historians to take account of the wealth of liturgical material that is a principal ingredient of the law of the Church; and demonstrates how much one field can contribute to understanding the development and to the dating of the other. Les deux themes reunis dans ce volume - le droit canon et la liturgie de l'Eglise Latine du haut moyan-Acge - ont, comme le revele ce groupe d'articles, des liens tres etroits. Ceci reposant sur le fait que les collections et manuscrits, auxquels le professeur Reynolds s'interesse, apportent la substance se trouvant A la source de ces deux terrains d'etudes. Dans le livre, une importance particuliere est donnee au Collectio canonum hibernensis irlandais et A ses multiples derivations, ainsi qu'aux travaux issus de Salzburg A l'epoque carolingienne A ceux provenant d'Italie meridionale au 11e s. et aux collections liturgiques. L'ensemble illustre la nesessite pour les specialistes en liturgie d'Atre conscients de l'abondance de sources legales medievales et pour les historiens du droit de tenir compte de la richesse en matiere liturgique et que forme l'un des ingredients principaux du droit de l'Eglise; il demontre aussi combien un domaine peut contribuer e la comprehension du developpement et A l'assignation de date

This book examines the historical antecedents of the concept of general chapter, the supreme authority in an institute of consecrated life. This provides the basis for an examination of the contemporary understanding of the nature of its power and authority, as portrayed in the 1983 Code of Canon Law. The general chapter is analysed in terms of its juridic status, collegial nature, participative character and representative function as well as its dynamic aspects and faith dimension. The author applies the findings to one institute of consecrated life, Institute of the Blessed Virgin Mary Loreto Branch. This application provides an example of the challenges inherent in working participatively and collaboratively within a hierarchical structure. Because consecrated life has an inalienable ecclesial dimension, understanding authority and power and their exercise in institutes of consecrated life has relevance for understanding authority and its exercise in other organs of authority at all levels in the church.

The question these articles seek to respond to, in this fifth collection by Jean Gaudemet to be published by Variorum, is how the intellectual elite of the medieval Church perceived the institutions among which they lived - how they portrayed them, and how they sought to influence them. Whether dealing with the papacy and its place in the Church and the world, with the role of the people in government, or with the position of the individual in society, he would argue that this is the essential question. In their response, this elite drew on the Bible and custom, on Roman law and papal letters, in order that the law could encompass all human experience. To achieve this, these jurists needed to create categories and work out principles, hence the recourse to theology and the necessity for a logical structure, a 'systematization'. Ce volume reunit dix-sept etudes parues dans diverses revues ou recueils de Melanges entre 1988 et 1992. Toutes concernent La doctrine canonique medievale telle qu'elle s'exprime (principalement du VIe au XIIIe siecle) A propos des institutions de l'Eglise et de ses relations avec la societe seculiere. Comment l'elite intellectuelle des hommes de l'Eglise medievale a-t-elle perAu les institutions au milieu desquelles elle vivait? Quelle image a-t-elle voulu en donner? Dans quelle voie esperait-elle les orienter? Qu'il s'agisse de la Papaute, de se place dans l'Eglise et dans le Monde, du rAle du Peuple dans le gouvernement, du sort de l'individu dans le group social, de l'entree dans l'Eglise et de la condition de ceux qui lui restent etrangers, la question reste la mAme: Comment le droit peut-il saisir l'infinie variete de l'histoire des hommes?

Social Work and the Courts is a collection of important and cutting-edge court decisions in the field of human services, now in its third edition. Pollack and Kleinman present an array of legal cases in everyday language, with clear explanation of the facts and issues, and in-depth examinations of the reasoning and implications of each decision. This new edition includes over twenty new cases, all of which happened between 2010 and 2014, making this one of the most significant and timely investigations of how social work and the law intersect. Special attention is paid to recent rulings in child welfare and social worker liability. The dissection and analysis of these influential cases makes this volume an excellent teaching tool and an essential resource for both social workers and policy makers.

This book offers new perspectives on British nuclear policy-making at the height of the Cold War, arguing that the decisions taken by the British government during the 1950s and 1960s in pursuit of its nuclear ambitions cannot be properly understood without close reference to Duncan Sandys, and in particular the policy preferences that emerged from his experiences of the Second World War and his efforts leading Britain's campaign against the V-1 and V-2. Immersing himself in this campaign against unmanned weaponry, Sandys came to see ballistic missiles as the only guarantor of nuclear credibility in the post-war world, placing them at the centre of his strategic thinking and developing a sincerely-held and logically-consistent belief system which he carried with him through a succession of ministerial roles, allowing him to exert a previously undocumented level of influence on the nature of Britain's nuclear capabilities and its approach to the Cold War. This book shows the profound influence Sandys' personal belief system had on Britain's attempts to acquire a credible nuclear deterrent.

This edited book aims to address challenges facing the deployment of autonomous vehicles. Autonomous vehicles were predicted to hit the road by 2017. Even though a high degree of automation may have been achieved, vehicles that can drive autonomously under all circumstances are not yet commercially available, and the predictions have been adjusted. Now, experts even say that we are still decades away from fully autonomous vehicles. In this volume, the authors form a multidisciplinary team of experts to discuss some of the reasons behind this delay. The focus is on three areas: business, technology, and law. The authors discuss how the traditional car manufacturers have to devote numerous resources to the development of a new business model, in which the sole manufacturing of vehicles may no longer be sufficient. In addition, the book seeks to introduce how technological challenges are creating a shift toward connected autonomous vehicles. Further, it provides insight into how regulators are responding to the insufficiently tested technology and how lawyers try to answer the liability question for accidents with these autonomous vehicles.

This book provides an overview of the practice of Islamic finance and the historical roots that define its modes of operation. The focus of the book is analytical and forward-looking. It shows that Islamic finance exists mainly as a form of rent-seeking legal-arbitrage. In every aspect of finance - from personal loans to investment banking, and from market structure to corporate governance - Islamic finance aims to replicate in Islamic forms the substantive functions of contemporary financial instruments, markets, and institutions. By attempting to replicate the substance of contemporary financial practice using pre-modern contract forms, Islamic finance has arguably failed to serve the objectives of Islamic law. This book proposes refocusing Islamic finance on substance rather than form. This approach would entail abandoning the paradigm of 'Islamization' of every financial practice. It would also entail reorienting the brand-name of Islamic finance to emphasize issues of community banking, micro-finance, and socially responsible investment.

"Harmonizing Similarities" is a study of the legal distinctions (al-furuq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions. Elias G. Saba demonstrates the implications of the legal furuq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles. As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law. This monograph has been awarded the annual BRAIS - De Gruyter Prize in the Study of Islam and the Muslim World.

The society and legal systems of Southern Arabia, both ancient and modern, form the subject of this second collection of articles by Professor Serjeant. His approach has been to make a detailed study of modern social structures and legal customs and to relate these to what we know of ancient society and law. The traditional tribal society of the region, he argues, has preserved in its customary law and practice a very great deal that derives directly from the pre-Islamic period, whereas the shari'ah, the law of Islam, though stemming from the same sources, has often diverged significantly from it. An understanding of the modern situation, therefore, is of immediate relevance to the interpretation of pre- and early-Islamic society. Among the particular topics covered are the interplay between tribal affinities and religious authority, marriage legislation and the "Frankish chancre" or (syphilis), and maritime customary law. From an ethnographic viewpoint, furthermore, these studies record peoples and lifestyles that have been increasingly overwhelmed by contemporary events. Les societes et les systemes juridiques de l'Arabie du Sud, moderne et ancienne, sont le theme de ce recueil d'articles par le professeur Serjeant. Il aborde le sujet avec une etude des structures sociales modernes, ainsi que du droit coutumier, puis les rattache A ce qui est connu de la societe et du droit anciens. La societe tribale traditionnelle de la region, affirme-t'il, a conserve un grand nombre d'us et coutumes trouvant des origines directes au cours de la periode pre-islamique, alors que le droit de l'Islam, le shari'ah, bien qu'issu des mAmes sources, s'en eloigne de faAon significative. Le fait de comprendre la situation moderne a donc un rapport immediat avec toute interpretation de la societe islamique A ses debuts. Parmi les themes specifiques que couvre l'auteur, se trouvent le droit marital et le "chancre" franc (syphilitique), le droit

This volume is concerned, above all, with the legal background and the juristic issues behind the ideology and practice of the medieval Crusades. This is an area that the author was the first to investigate systematically, and there are two particular reasons for his approach: one, the conviction that the historical phenomenon of the Crusades can only be adequately understood within the context of the legal systems that permeated the age; the other, that so much of the documentary evidence " be it charters, decrees even chronicles " was produced by people whose perceptions had been shaped by the law. A number of articles focus on the roles of individual crusaders, or address ideological questions, including the very concept of Holy War. Others deal with practical issues and the nature of the obligations incurred by a crusader, and examine the consequences these had, both for the institutions of medieval Europe and for the crusader's own family relationships. Ce recueil s'attache avant tout au contexte legal et aux questions juridiques qui se trouvent A la base de l'ideologie et de la pratique des Croisades au Moyen Age. L 'auteur a ete le premier A entreprendre des recherches de faAon systematique dans ce domaine; deux raisons precises sont A l'origine de cette demarche premierement, la conviction que seule la connaissance du contexte des systemes legaux dont l'epoque etait impregnee, permet de bien comprendre le phenomene historique des Croisades; deuxiemement, le fait que quantite de documents " temoins " chartes, decrets, ou encore chroniques " sont l'oeuvre de gens dont la perception etait grandement influencee par la loi. Un nombre d'etudes se concentrent sur la rAle individuel de certains croises, ou s'adressent A des questions d'ideologie, y compris le concept mAme de la Guerre Sainte. D'autre traitent de questions d'ordre pratique, ainsi que de la nature des engagements contractes par le croise; ils en examinent le

This fourth selection of articles by Professor Kuttner complements the volumes previously published by Variorum. Its subject is the history of the Church law of the Middle Ages, and the manner in which it has been studied. One group of articles is particularly concerned with the broader implications of medieval law, with its role in the history of doctrines and ideas: other sections focus on the history of the Glossators in modern research, and on the canonists of the period following the Decretals of Pope Gregory IX " the Glossa Ordinaria and the works of St Raymond of PeA+/-afort and Johannes Andreae form specific areas of interest. As in the previous volumes, there is an extensive section of 'Retractiones", recording the results of further research and assiduously detailing and commenting upon work done in the field since the articles were first published. To facilitate access to all this material, important indexes have also been provided. Cette quatrieme collection d'articles du Professeur Kuttner complete les volumes preablement publies par Variorum. Elle a pour sujet l'histoire du droit l'Eglise au Moyen Age et la maniere dont il a ete etudie. Un des groupes d'articles traite en particulier des implications plus larges medieval et de son rAle dans l'histoire doctrines et des idees. D'autres se concentrent sur l'histoire des Glossateurs au travers de la recherche moderne et sur les canonistes de la periode suivant les decretales du pape Gregoire IX " les Glossa Ordinaria et les travaux de St Raymond de Penafort et de Johannes Andreae constituent des passages d'interet specifiques. De mAme que dans les volumes precedentes, il existe une importante section de 'Retractiones' ou sont enregistres les resultants de recherches supplementaires et ou y sont faits un compte-rendu assidueusement detaille, ainsi que des commentaires sur le travail accompli dans la domaine en question depuis la premiere publication des articles. Afin de faciliter

Marriage law in England and Wales is a historical relic which reflects a bygone age. Successive governments have made a series of progressive but ad hoc reforms, most notably the introduction of civil partnerships and same-sex marriage. However, this has resulted in a legal framework which is complex and controversial, especially in relation to religion. This book provides the first accessible guide to how contemporary marriage law interacts with religion and identifies pressure points in relation to non-religious organisations and unregistered religious marriages. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for how the transformation of these laws can be achieved.

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 explains the urgent necessity to compile a Civil Code and calls for constitutional awareness in compiling that Civil Code, highlighting the need for it to be done in a democratic and scientific manner. It advocates "Pragmatic Methods" as a new approach to compiling a Civil Code of China and shares the author's thoughts on the constitutionality of compiling a Civil Code, explains the object that is to be judged in terms of its constitutionality, and the constitutionality of legal interpretation, of legislative procedures and of legal application. The book also illustrates the author's "mode of the codifying of non-basic laws" for compiling a Civil Code, and includes a detailed discussion on compiling a Civil Code to reveal how many valid laws there are China - a matter that is of vital importance to the compilation of the Civil Code.The Appendix includes statistics on the number of civil cases classified according to causes of actions, based on "Judicial Opinions of China" website, which is the first step of the author's plan to investigate civil customs reflected in judgment documents with the help of big-data analytical methods.

Successful sports agents are comfortable with high finance and intense competition for the right to represent talented players, and the most respected agents are those who can deal with the pressures of high-stakes negotiations in an honest fashion. But whereas rules and penalties govern the playing field, there are far fewer restrictions on agents. In The Business of Sports Agents, Kenneth L. Shropshire, Timothy Davis, and N. Jeremi Duru, experts in the fields of sports business and law, examine the history of the sports agent business and the rules and laws developed to regulate the profession. They also consider recommendations for reform, including uniform laws that would apply to all agents, redefining amateurism in college sports, and stiffening requirements for licensing agents. This revised and expanded third edition brings the volume up to date on recent changes in the industry, including: -the emergence and dominance of companies such as Creative Artists Agency and Wasserman Media Group -high-profile cases of agent misconduct, principally Josh Luchs, whose agent certification was revoked by the NFLPA -legal challenges against the NCAA that may fundamentally change the definition of amateurism -changes to agent regulations resulting from new collective bargaining agreements in all of the major professional sports -evaluation of the effectiveness of the Uniform Athlete Agents Act (2000) to regulate agent conduct -issues faced by the increasing number of agents representing athletes who work abroad as well as athletes from abroad who work in the United States. Whether aspiring sports agent, lawyer, athlete seeking an agent, or simply interested in understanding the world of sports representation, the reader will find in The Business of Sports Agents the most comprehensive overview of the industry as well as a straightforward analysis of its problems and proposed solutions.

Hitherto 'less-lethal' weapons, in contrast to classical firearms and other highly destructive weapons, have literally slipped under the radar of public international law. This book is the first monograph addressing and analysing all international legal regimes applicable to less-lethal weapons, ranging from arms control treaties, international humanitarian, criminal and human rights law. In doing so the different scenarios in which less-lethal weapons come to use will be taken into account, such as law enforcement, armed conflict and law enforcement scenarios during armed conflict. The relationships between the different legal regimes will be elaborated thoroughly with a view to examining how international law responds to less-lethal weapons. The final chapter provides guidelines as well as recommendations on appropriate use and regulation of less-lethal weapons, where the different scenarios of application, such as in armed conflict and law enforcement, will be given due account.

There have been extraordinary developments in the field of neuroscience in recent years, sparking a number of discussions within the legal field. This book studies the various interactions between neuroscience and the world of law, and explores how neuroscientific findings could affect some fundamental legal categories and how the law should be implemented in such cases. The book is divided into three main parts. Starting with a general overview of the convergence of neuroscience and law, the first part outlines the importance of their continuous interaction, the challenges that neuroscience poses for the concepts of free will and responsibility, and the peculiar characteristics of a "new" cognitive liberty. In turn, the second part addresses the phenomenon of cognitive and moral enhancement, as well as the uses of neurotechnology and their impacts on health, self-determination and the concept of being human. The third and last part investigates the use of neuroscientific findings in both criminal and civil cases, and seeks to determine whether they can provide valuable evidence and facilitate the assessment of personal responsibility, helping to resolve cases. The book is the result of an interdisciplinary dialogue involving jurists, philosophers, neuroscientists, forensic medicine specialists, and scholars in the humanities; further, it is intended for a broad readership interested in understanding the impacts of scientific and technological developments on people's lives and on our social systems.

In The Middle Path of Moderation in Islam, leading Islamic law expert Mohammad Hashim Kamali examines the concept of wasatiyyah, or moderation, arguing that scholars, religious communities, and policy circles alike must have access to this governing principle that drives the silent majority of Muslims, rather than focusing on the extremist fringe. Kamali explores wasatiyyah in both historical/conceptual terms and in contemporary/practical terms. Tracing the definition and scope of the concept from the foundational sources of Islam, the Qu'ran and Hadith, he demonstrates that wasatiyyah has a long and well-developed history in Islamic law and applies the concept to contemporary issues of global policy, such as justice, women's rights, environmental and financial balance, and globalization. Framing his work as an open dialogue against a now-decades long formulation of the arguably destructive Huntingtonian "clash of civilizations" thesis as well as the public rhetoric of fear of Muslim extremism since the attacks of Sept. 11, 2001, Kamali connects historical conceptions of wasatiyyah to the themes of state and international law, governance, and cultural maladies in the Muslim world and beyond. Both a descriptive and prescriptive meditation on a key but often neglected principle of Islam, The Middle Path of Moderation in Islam provides insight into an idea that is in the strategic interest of the West both to show and practice for themselves and to recognize in Muslim countries.

Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation.

"Gnosticism" has become a problematic category in the study of early Christianity. It obscures diversity, invites essentialist generalisations, and is a legacy of ancient heresiology. However, simply to conclude with "diversity" is unsatisfying, and new efforts to discern coherence and to synthesise need to be made. The present work seeks to make a fresh start by concentrating on Irenaeus' report on a specific group called the "Gnostics" and on his claim that Valentinus and his followers were inspired by their ideas. Following this lead, an attempt is made to trace the continuity of ideas from this group to Valentinianism. The study concludes that there is more continuity than has previously been recognised. Irenaeus' "Gnostics" emerge as the predecessors not only of Valentinianism, but also of Sethianism. They represent an early, philosophically inspired form of Christ religion that arose independently of the New Testament canon. Christology is essential and provides the basis for the myth of Sophia. The book is relevant for all students of Christian origins and the early history of the Church.

This pioneering study examines the process of reasoning in Islamic law. Some of the key questions addressed here include whether sacred law operates differently from secular law, why laws change or stay the same and how different cultural and historical settings impact the development of legal rulings. In order to explore these questions, the author examines the decisions of thirty jurists from the largest legal tradition in Islam: the Hanafi school of law. He traces their rulings on the question of women and communal prayer across a very broad period of time - from the eighth to the eighteenth century - to demonstrate how jurists interpreted the law and reconciled their decisions with the scripture and the sayings of the Prophet. The result is a fascinating overview of how Islamic law has evolved and the thinking behind individual rulings.

In this thought-provoking book, Mona Siddiqui reflects upon key themes in Islamic law and theology. These themes, which range through discussions about friendship, divorce, drunkenness, love, slavery and ritual slaughter, offer fascinating insights into Islamic ethics and the way in which arguments developed in medieval juristic discourse. Pre-modern religious works contained a richness of thought, hesitation and speculation on a wide range of topics, which were socially relevant but also presented intellectual challenges to the scholars for whom God's revelation could be understood in diverse ways. These subjects remain relevant today, for practising Muslims and scholars of Islamic law and religious studies. Mona Siddiqui is an astute and articulate interpreter who relays complex ideas about the Islamic tradition with great clarity. Her book charts her own journey through the classical texts and reflects upon how the principles expounded there have guided her own thinking, teaching and research.

This original book is a comprehensive, richly documented and critical examination of laws applicable to Anglican cathedrals in England, some of the most iconic monuments in the national heritage and centres of spiritual and cultural capital. Law is the missing link in the emerging field of cathedral studies. The book fills this gap. It explores historical antecedents of modern cathedral law, traces aspects of them that still endure, and explains the law with particular reference to the recommendations of the Archbishops' Commission on Cathedrals 1994 which led to the most radical changes in the legal history of these churches since the Reformation, culminating in the Cathedrals Measure 1999 and associated later legislation. The book compares the domestic constitutions and statutes of all the cathedrals of the Church of England today - old foundations, new foundations and parish church cathedrals - as well as policies and guidelines applicable to or adopted by them. Whilst national law acts as a fundamental unifying force, there is considerable diversity as between these in terms of the breadth and depth of their coverage of topics. In the socio-legal tradition, the book also explores through interviews with clergy and others, at half of the cathedrals, how laws are experienced in practice. These reveal that whilst much of the law is perceived as working well, there are equally key areas of concern. To this end, the book proposes areas for further research and debate with a view to possible reform. Taking an architectural feature of cathedrals as the starting point for each chapter, from cathedral governance through mission, ministry, music and education to cathedral property, what emerges is that law and architecture have a symbiotic relationship so that a cathedral is itself a form of juristecture.