The Dialectical Forge identifies dialectical disputation (jadal) as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies.
This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review - and thus the 'law' as such - and the level of Rule-of-law in a given state.
This book is an assault on the notion that it is empirically accurate and legally and philosophically satisfactory to see humans as atomistic entities.
The book offers insights on whether international law can shape the politics of the Security Council and conversely, the extent to which the latter contribute to the development of international law.
This book challenges the assumptions of modern criminal law that insanity is a natural, legally and medically defined phenomenon (covering a range of medical disorders).
The main question explored by the book is: How can cross-border access to human genetic resources, such as blood or DNA samples, be governed in such a way as to achieve equity for vulnerable populations in developing countries?
This book reviews the knowledge corpus about access to civil justice across disciplines and legal traditions and proposes a new research framework for civil justice reform.
This book addresses one central question: if justice is to be done in the name of the community, how far do the decision-makers need to reflect the community, either in their profile or in the opinions they espouse?
This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems.
This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions.
This volume presents philosophical contributions examining questions of the grounding and justification of taxation and different types of taxes such as inheritance, wealth, consumption or income tax in relation to justice and the concept of a just society.
This book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis.
This new English translation of Solov'ev's principal ethical treatise, written in his later years, presents Solov'ev's mature views on a host of topics ranging from a critique of individualistic ethical systems to the death penalty, the meaning of war, animal rights, and environmentalism.
This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century.
The book outlines the historical development of Public Law and the state from ancient times to the modern day, offering an account of relevant events in parallel with a general historical background, establishing and explaining the relationships between political, religious, and economic events.
This book focuses on sovereignty referendums, which have been used throughout different historical periods of democratization, decolonization, devolution, secession and state creation.
This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory.
The field of socio-legal research has encountered three fundamental challenges over the last three decades - it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society.
This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education.
The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the 'Word of God' - the question of legal reasoning and the problem of knowing and remembering.
This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field.
The present volume assembles a relevant set of studies of argument by analogy, which address this topic in a systematic fashion, either from an essentially theoretical perspective or from the perspective of it being applied to different fields like politics, linguistics, literature, law, medicine, science in general and philosophy.
