This book, first published in 1988, argues that a close inspection of the development of Hanafite law in the Mamluk and Ottoman periods reveals changes in legal doctrine which were not restricted to civil transactions but also concerned the public law. It focuses in particular on the interrelated areas of property, rent and taxation of arable lands, arguing that changes in the relationship between tax and rent led to a redefinition of the concept of landed property, a concept at the very heart of the Islamic legal system. This title will be of particular interest to students of Islamic history.

This book examines the influence of constitutional legal paradigms upon the political stability and viability of states. It contributes to the literature in the field by focussing on how constitutional flexibility may have led to the rise of 'successful' states and to the decline of 'unsuccessful' states, by promoting stability. Divided into two parts, the book considers theories of the rise and fall of civilizations and individual states, explains the concept of hard and soft constitutions and applies this concept to different types of state models. A series of international case studies in the second part of the book identifies the key dynamics in legal, political and economic history and includes the UK, US, New Zealand and Eastern Europe.

The nature of sweating and the origins of low pay legislation are of fundamental social, economic and moral importance. Although difficult to define, sweating, according to a select committee established to investigate the issue, was characterised by long hours, poor working conditions and above all by low pay. By the beginning of the twentieth century the government estimated that up to a third of the British workforce could be classed as sweated labour, and for the first time in a century began to think about introducing legislation to address the problem. Whilst historians have written much on unemployment, poverty relief and other such related social and industrial issues, relatively little work has been done on the causes, extent and character of sweated labour. That work which has been done has tended to focus on the tailoring trades in London and Leeds, and fails to give a broad overview of the phenomenon and how it developed and changed over time. In contrast, this volume adopts a broad national and long-run approach, providing a more holistic understanding of the subject. Rejecting the argument that sweating was merely a London or gender related problem, it paints a picture of a widespread and constantly shifting pattern of sweated labour across the country, that was to eventually persuade the government to introduce legislation in the form of the 1909 Trades Board Act. It was this act, intended to combat sweated labour, which was to form the cornerstone of low pay legislation, and the barrier to the introduction of a minimum wage, for the next 90 years.

Wesley Newcomb Hohfeld, born in 1879, died prematurely in 1918. He left only a few law journal articles as his published work. His 'Fundamental Legal Conceptions', originally published as two articles in the 'Yale Law Journal' for 1913 and 1917 and left incompletely revised at his death is, however, one of the principal foundations of analytic jurisprudence. The analysis of rights that Hohfeld offers is still regularly cited and relied upon by both lawyers and philosophers, and it is treated as a source of insight into the nature of moral rights as well as the legal rights that were Hohfeld's own focus of concern. Although some of his analytical distinctions were anticipated by earlier jurists, their insights were fragmentary and imperfect by comparison. Hohfeld's systematic and exhaustive (yet concise) treatment is generally regarded as unsurpassed. This is not to say that he has not been criticized, but his book forms the essential starting point for any discussion of the nature and structure of rights. 'Fundamental Legal Conceptions' has long been difficult to obtain. This new edition makes this classic of analytic jurisprudence available with a comprehensive introduction by Dr. N.E. Simmonds of Corpus Christi, University of Cambridge, UK.

Since the United States' entry into World War II, the federal judiciary has taken a prominent role in the shaping of the nation's military laws. Yet, a majority of the academic legal community studying the relationship between the Court and the military establishment argues otherwise providing the basis for a further argument that the legal construct of the military establishment is constitutionally questionable. Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology based on primary source materials into its analysis and reviews several military law judicial decisions ignored by other studies. This book is not designed only for legal scholars. Its intended audience consists of Cold War, military, and political historians, as well as political scientists, and, military and national security policy makers. Although the book's conclusions are likely to be favored by the military establishment, the purpose of this book is to accurately analyze the intersection of the later twentieth century's American military, political, social, and cultural history and the operation of the nation's armed forces from a judicial vantage.

Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world's death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.

In her study of anonymous infanticide news stories that appeared from 1822 to 1922 in the heart of the British Empire, in regional Leicester, and in the penal colony of Australia, Nicola Goc uses Critical Discourse Analysis to reveal both the broader patterns and the particular rhetorical strategies journalists used to report on young women who killed their babies. Her study takes Foucault's perspective that the production of knowledge, of 'facts' and truth claims, and the exercise of power, are inextricably connected to discourse. Newspaper discourses provide a way to investigate the discursive practices that brought the nineteenth-century infanticidal woman - known as 'the Infanticide' - into being. The actions of the infanticidal mother were understood as a fundamental threat to society, not only because they subverted the ideal of Victorian womanhood but also because a woman's actions destroyed a man's lineage. For these reasons, Goc demonstrates, infanticide narratives were politicised in the press and woven into interconnected narratives about the regulation of women, women's rights, the family, the law, welfare, and medicine that dominated nineteenth-century discourse. For example, the Times used individual stories of infanticide to argue against the Bastardy Clause in the Poor Law that denied unmarried women and their children relief. Infanticide narratives often adopted the conventions of the courtroom drama, with the young transgressive female positioned against a body of male authoritarian figures, a juxtaposition that reinforced male authority over women. Alive to the marked differences between various types of newspapers, Goc's study offers a rich and nuanced discussion of the Victorian press's fascination with infanticide. At the same time, infanticide news stories shaped how women who killed their babies were known and understood in ways that pathologised their actions. This, in turn, influenced medical, judicial, and welfare policies regar

In the context of education, Church and State issues are of growing importance and appear to be increasingly divisive. This volume critically examines the developing jurisprudence relating to religion in the schools beginning with Everson v. Board of Education, where the US Supreme Court discussed the wall of separation between Church and State. The study traces both how the Court's views have evolved during this period and how, through recharacterizations of past opinions and the facts underlying them, the Court has appeared to interpret Establishment Clause guarantees in light of the past jurisprudence when in reality that jurisprudence has been turned on its head. The Court not only offers an unstable jurisprudence that is more likely to promote than avoid the problems that the Establishment Clause was designed to prevent, but approaches Establishment Clause issues in a way that decreases the likelihood that an acceptable compromise on these important issues can be reached. The study focuses on the situation in the US but the important issue of religion, education and the state has great relevance in many jurisdictions.

Tracing the use of legal themes in the gothic novel, Bridget M. Marshall shows these devices reflect an outpouring of anxiety about the nature of justice. On both sides of the Atlantic, novelists like William Godwin, Mary Shelley, Charles Brockden Brown, and Hannah Crafts question the foundations of the Anglo-American justice system through their portrayals of criminal and judicial procedures and their use of found documents and legal forms as key plot devices. As gothic villains, from Walpole's Manfred to Godwin's Tyrrell to Stoker's Dracula, manipulate the law and legal system to expand their power, readers are confronted with a legal system that is not merely ineffective at stopping villains but actually enables them to inflict ever greater harm on their victims. By invoking actual laws like the Black Act in England or the Fugitive Slave Act in America, gothic novels connect the fantastic horrors that constitute their primary appeal with much more shocking examples of terror and injustice. Finally, the gothic novel's preoccupation with injustice is just one element of many that connects the genre to slave narratives and to the horrors of American slavery.

David Bonner presents an historical and contemporary legal analysis of UK governmental use of executive measures, rather than criminal process, to deal with national security threats. The work examines measures of internment, deportation and restriction on movement deployed in the UK and (along with the imposition of collective punishment) also in three emergencies forming part of its withdrawal from colonial empire: Cyprus, Kenya and Malaya. These situations, along with that of Northern Ireland, are used to probe the strengths and weaknesses of ECHR supervision. It is argued that a new human rights era ushered in by a more confident Court of Human Rights and a more confident national judiciary armed with the HRA 1998, has moved us towards greater judicial scrutiny of the application of these measures - a move away from unfettered and unreviewable executive discretion.

This book explores the emergence and growth of state responsibility for safer and healthier working practices in British mining and the responses of labour and industry to expanding regulation and control. It begins with an assessment of working practice in the coal and metalliferous mining industries at the dawn of the nineteenth century and the hazards involved for the miners, before charting the rise of reforming interest in these industries. The 1850 Act for the Inspection of Coal Mines in Great Britain brought tighter legislation in coal mining, yet the metalliferous miners continued to work without government-regulated safety and health controls until the early 1870s. The author explores the reasons for this, taking into account socio-economic, environmental, medical, technical, and cultural factors that determined the chronology and nature of early reform. The comparative approach between the coal and metalliferous mining sectors provides a useful model for exploring the significance of organized labour in gaining health and safety concessions, particularly as the miners in the metalliferous sector, in contrast to the colliers who unionised early, placed a high value on independence and self-sufficiency in the workplace. As an investigation into the formation of health and safety legislation in a major industry, this work will be valuable to all those with an interest in medical history, occupational health, legal history, and the social history of work in the nineteenth century.

Nineteenth-century Britain witnessed a dramatic increase in its town population, as a hitherto largely rural economy transformed itself into an urban one. Though the political and social issues arising from these events are well-known, little is known about how the British legal process coped with the everyday strains that emerged from the unprecedented scale of these changes. This book explores the river pollution dilemma faced by the British courts during the second half of the nineteenth century when the legal process had to confront the new incompatible realities arising from the increasing amounts of untreatable waste flowing into the rivers. This dilemma struck at the heart of both Victorian urban and rural society, as the necessary sanitary reformation of the swelling cities and expanding industry increasingly poisoned the rivers, threatening the countryside and agricultural rents and livelihoods. Focusing on ten legal disputes, the book investigates the dilemma that faced the courts; namely how to protect the traditional and valued rights of landholders whose rivers and lands were being polluted by industrial waste and untreated sewage, whilst not hindering the progress of sanitary reform and economic progress in the towns. The case studies considered involve major industrialising centres, such as Birmingham, Leeds, Northampton, Wolverhampton and Barnsley, but also include smaller towns such as Tunbridge Wells, Leamington Spa and Harrogate. The fundamental issues raised remain as important today as they did in Victorian times. The need for the courts to balance a variety of conflicting needs and rights within the limits of contemporary technological capabilities often played out in surprising ways, with outcomes not always in line with theoretical expectations. As such the historical context of the disputes provide fascinating insights into nineteenth-century legal process, and the environmental and social attitudes of the times.

Beginning with Victoria's enthronement and an exploration of sensationalist accounts of attacks on the Queen, and ending with the notorious case of a fin-de-siecle killer, Victorian Crime, Madness and Sensation throws new light on nineteenth-century attitudes toward crime and 'deviance'. The essays, which draw on both canonical and liminal texts, examine the Victorian fascination with criminal psychology and pathology, engaging with real life cases alongside fictional accounts by writers as diverse as Ainsworth, Stevenson, and Stoker. Among the topics are shifting definitions of criminality and the ways in which discourses surrounding crime changed during the nineteenth century, the literal and social criminalization of particular sex acts, and the gendering of degeneration and insanity. As fascinated as they were with criminality, the Victorians were equally concerned with solving crime, and this collection also focuses on the forces of law enforcement and nineteenth-century attempts to "read" the criminal body as revealed in Victorian crime fiction and reportage. Contributors engage with the detective figure and his growing professionalization, while examining the role of science and technology - both at home and in the Empire - in solving cases.

The history of incorporations legislation and its administration is intimately tied to changes in social beliefs in respect to the role and purpose of the corporation. By studying the evolution of the corporate form in Britain and a number of its colonial possessions, the book illuminates debates on key concepts including the meanings of laissez faire, freedom of commerce, the notion of corporate responsibility and the role of the state in the regulation of business. In doing so, A Social History of Company Law advances our understanding of the shape, effectiveness and deficiencies of modern regulatory regimes, and will be of much interest to a wide circle of scholars.

Leadership includes the ability to persuade others to embrace one's ideas and to act upon them. Teaching law students the art of persuasion through advocacy is at the heart of legal education. But historically law schools have not included leadership studies in the curriculum. This book is one of the first to examine whether and how to integrate the theory and practice of leadership studies into legal education and the legal profession. Interdisciplinary in its scope, with contributions from legal educators and practitioners, the book defines leadership in the context of the legal profession and explores its challenges in legal academia, private practice, and government. It also investigates whether law students need to study leadership and, if they should, why it should be offered as part of the curriculum. Finally, it considers how leadership should be taught and how it should be integrated into classes. It evaluates new leadership courses and the adaptation of existing courses to reflect on how to effectively blend law and leadership in doctrinal, clinical, and experiential classrooms. The book includes a foreword by Pulitzer Prize-winning historian and noted leadership scholar, James MacGregor Burns and a foundational essay by prominent leadership scholar and one of the founders of the International Leadership Association, Georgia Sorenson. It will be a valuable resource to anyone interested in leadership, education policy and legal ethics.

Property is more diverse than is usually assumed. Developing the concept of property diversity, this book explores the varied role of property in placed human landscapes. In acknowledging the propertied diversity about us, the book highlights the paucity of our settled contemporary assumptions of property as defined by private ownership. Challenging this universalizing model, the book analyses how this self-limiting view produces critical blind spots in modern property discourse. In response, it offers a re-conceptualization of property that matches the grounded reality of our rich and diverse relationships with land. Integrating the plurality of real property types (private, public and common) with inclusive understandings of both interest and ownership, it thus identifies and substantiates an overarching theory of property diversity. Drawing on studies from numerous jurisdictions, including the USA, New Zealand, Australia, and the UK, its analysis of property as something more - and indeed other - than a place-less abstraction provides an invaluable contribution to the contemporary law and theory of property.

This is the first book to fully present, analyse and interpret the Dubai real estate market. Dubai is fast becoming one of the world's most attractive places to invest in real estate and this book examines the market from three interlinked sectors that drive its performance: occupiers, investors, and developers. It examines the market's historical growth and lays the foundations to examine future trends. The book provides a synopsis of Dubai's market practices, economic trends and social change that impacts the value of real estate. Chapters also debate issues such as: property investment, house price performance, local valuation practices, spatial planning, the economics of the city, market practices and regulation, property-led economic growth and future trends such as sustainability and digitalisation. This book offers a comprehensive, in-depth and up-to-date account of the Dubai property market and presents a full assessment of the investment potential of Dubai real estate. It is a must read for students, academics and real estate professionals interested in this fascinating real estate market that has implications for both Dubai and wider GCC markets as well as the international investment market and senior professionals who come to work in the region.

This important volume gives a comprehensive overview of the economic foundations of private property law. Beginning with economic and philosophical accounts of the origins of property, the authoritative selection of articles traces the evolution of both private and common property, establishing how they coexist within a mature property rights system. Particular attention is directed towards the regulation of specific types of commons such as pastures, streets and fisheries. This study also examines the rules that govern the acquisition, protection and transfer of private property as part of a coherent system of property rights.

'Wayleave' is an archaic term from the nineteenth century defined as 'a privilege enabling a person to cross another person's land with infrastructure and with goods and chattels'. It has been applied to electricity rights because of the need to string electricity lines across land. Electricity is such a fundamental part of life that its supply is often taken for granted. In reality, the rights for electricity lines are arguably the weakest of all utilities, with the vast majority covered by wayleaves. Privatisation in the 1990s provided the opportunity to bolster wayleave rights, but it only led to a tinkering through primary legislation. The acceleration of telecommunications over the past twenty years has confused issues, with operators installing masts and adding apparatus to electricity lines. A large proportion of wayleaves are dealt with at local level, with little consistency. Coupled to this is the public concern that electricity lines have potentially serious health effects that continue to attract research and media interest. This book has been written for those involved in, or advising on, the use and development of land for transmission and distribution lines. As most people have only brief encounters with the electricity infrastructure, this guide will help to avoid the fear of the unknown. By setting out the main principles and procedures used and the relevant primary and secondary legislation in a clear and easy-to-follow way it will enable lawyers, surveyors, planners, architects, engineers and accountants to discuss the relevant issues with confidence.

Since its first publication in 1975, John Murdoch's Law of Estate Agency has been the leading work on this important subject. This new fifth edition offers authoritative guidance on all recent legal developments, both legislative and in the courts, of concern to practising estate agents. Judicial decisions on such matters as commission claims and liability for misdescription are of great concern to practitioners, as is the increasing tendency of clients to defend an action for fees by claiming that the agent's terms of business contravene consumer protection rules inspired by the EU. These developments, and many more, are given expert coverage.

This collection of critical essays considers the criminalisation of squatting from a range of different theoretical, policy and practice perspectives. While the practice of squatting has long been criminalised in some jurisdictions, the last few years have witnessed the emergence of a newly constituted political concern with unlawful occupation of land. With initiatives to address the 'threat' of squatting sweeping across Europe, the offence of squatting in a residential building was created in England in 2012. This development, which has attracted a large measure of media attention, has been widely regarded as a controversial policy departure, with many commentators, Parliamentarians, and professional organisations arguing that its support is premised on misunderstandings of the current law and a precarious evidence-base concerning the nature and prevalence of 'squatting'. Moral Rhetoric and the Criminalisation of Squatting explores the significance of measures to criminalise squatting for squatters, owners and communities. The book also interrogates wider themes that draw on political philosophy, social policy, criminal justice and the nature of ownership, to consider how the assimilation of squatting to a contemporary punitive turn is shaping the political, social, legal and moral landscapes of property, housing and crime.

This is the first book to fully present, analyse and interpret the Dubai real estate market. Dubai is fast becoming one of the world's most attractive places to invest in real estate and this book examines the market from three interlinked sectors that drive its performance: occupiers, investors, and developers. It examines the market's historical growth and lays the foundations to examine future trends. The book provides a synopsis of Dubai's market practices, economic trends and social change that impacts the value of real estate. Chapters also debate issues such as: property investment, house price performance, local valuation practices, spatial planning, the economics of the city, market practices and regulation, property-led economic growth and future trends such as sustainability and digitalisation. This book offers a comprehensive, in-depth and up-to-date account of the Dubai property market and presents a full assessment of the investment potential of Dubai real estate. It is a must read for students, academics and real estate professionals interested in this fascinating real estate market that has implications for both Dubai and wider GCC markets as well as the international investment market and senior professionals who come to work in the region.

First Published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

This innovative and interdisciplinary book makes a major contribution to common pool resource studies. It offers a new perspective on the sustainable governance of common resources, grounded in contemporary and archival research on the common lands of England and Wales - an important common resource with multiple, and often conflicting, uses. It encompasses ecologically sensitive environments and landscapes, is an important agricultural resource and provides public access to the countryside for recreation. Contested Common Land brings together historical and contemporary legal scholarship to examine the environmental governance of common land from c.1600 to the present day. It uses four case studies to illustrate the challenges presented by the sustainable management of common property from an interdisciplinary perspective - from the Lake District, Yorkshire Dales, North Norfolk coast and the Cambrian Mountains. These demonstrate that cultural assumptions concerning the value of common land have changed across the centuries, with profound consequences for the law, land management, the legal expression of concepts of common 'property' rights and their exercise. The 'stakeholders' of today are the inheritors of this complex cultural legacy, and must negotiate diverse and sometimes conflicting objectives in their pursuit of a potentially unifying goal: a secure and sustainable future for the commons. The book also has considerable contemporary relevance, providing a timely contribution to discussion of strategies for the implementation of the Commons Act of 2006. The case studies position the new legislation in England and Wales within the wider context of institutional scholarship on the governance principles for successful common pool resource management, and the rejection of the 'tragedy of the commons'.