Law and legal theory /
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What is the relation between law and democracy and how might it be improved? What values should inform the body of laws that govern us all? How should we determine crimes from non-crimes? What justifies state punishment, if anything? Law and Legal Theory brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates. Contributors include Christopher Bennett, Samantha Besson, Thom Brooks, Brian Butler, Sean Coyle, Rowan Cruft, Leonard Kahn, Richard Lippke, Andrew March, Matt Matravers, Adina Preda, Maria Cristina Redondo, Hanoch Sheinman and Leo Zaibert.
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1 online resource. :
Includes bibliographical references and index. :
9789004262935
Dar al-Islam revisited : territoriality in contemporary Islamic legal discourse on Muslims in the West /
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Where is dār al-islām , and who defines its boundaries in the 21st century? In Dār al-Islām Revisited. Territoriality in Contemporary Islamic Legal Discourse on Muslims in the West , Sarah Albrecht explores the variety of ways in which contemporary Sunni Muslim scholars, intellectuals, and activists reinterpret the Islamic legal tradition of dividing the world into dār al-islām , the "territory of Islam," dār al-ḥarb , the "territory of war," and other geo-religious categories. Starting with an overview of the rich history of debate about this tradition, this book traces how and why territorial boundaries have remained a matter of controversy until today. It shows that they play a crucial role in current discussions of religious authority, identity, and the interpretation of the shariʿa in the West.
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1 online resource. :
Includes bibliographical references and index. :
9789004364578 :
Available to subscribing member institutions only.
Law and the Islamization of Morocco under the Almoravids : the Fatwās of Ibn Rushd al-Jadd to the far Maghrib /
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Law and the Islamization of Morocco under the Almoravids. The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the Almoravids (434-530/1042-1147). A major contribution to our understanding of the twelfth-century Maghrib and the foundational role played by the Almoravids, it posits that political unification occurred alongside urban transformation and argues that legal institutions developed in response to the social needs of the growing urban spaces as well as to the administrative needs of the state. Such social needs included the regulation of market exchange, the settlement of commercial disputes, and the privatization and individualization of property.
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Based on author's thesis (doctoral - Yale University, 2009) issued under title: The Fatwas of Ibn Rushd al-Jadd to the Far Maghrib. :
1 online resource (viii, 207 pages) :
Includes bibliographical references (p. 192-202) and index. :
9789004279841 :
1877-9808 ; :
Available to subscribing member institutions only.
Law and religion in the Roman republic /
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Over the past two hundred plus years, scholarship has admired Roman law for being the first autonomous legal science in history. This biased view has obscured the fact that, traditionally, law was closely connected to religion and remained so well into the Empire. Building on a variety of sources - epigraphic, legal, literary, and numismatic - this book discloses how law and religion shared the same patrons (magistrates and priests) and a common goal (to deal with life's uncertainties), and how, from the third century B.C., they underwent a process of rationalization. Today, Roman law and religion deserve our admiration because together they supported and consolidated the growing power of Rome.
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1 online resource (vi, 229 pages) : illustrations, mappages. :
Includes bibliographical references (p. [203]-221) and index. :
9789004219205 :
0169-8958 ; :
Available to subscribing member institutions only.
Heritage under siege : military implementation of cultural property protection following the 1954 Hague convention /
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Heritage under Siege , winner of the Blue Shield Award 2012, is the result of international multidisciplinary research on the subject of military implementation of cultural property protection (CPP) in the event of conflict. The book considers the practical feasibility as well as ideal perspectives within the juridical boundaries of the 1954 Hague Convention. The situation of today's cultural property protection is discussed. New case studies further introduce and analyze the subject. The results of field research which made it possible to follow and test processes in conflict areas including training, education, international, interagency, and interdisciplinary cooperation are presented here. This book gives a useful overview of the playing field of CPP and its players, as well as contemporary CPP in the context of military tasks during peace keeping and asymmetric operations. It includes suggestions for future directions including possibilities to balance interests and research outcomes as well as military deliverables. A separate section deals with legal aspects.
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Originally issued as dissertation (doctoral) - University of Amsterdam, 2012. :
1 online resource (xxiv, 318 pages) : illustrations (chiefly color), color maps. :
Includes bibliographical references and index. :
9789004228535 :
2211-7369 :
Available to subscribing member institutions only.
La décrétale Ad Gallos episcopos, son texte et son auteur : texte critique, traduction française et commentaire /
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In 1904, Ed.-Ch. Babut issued a new edition of the important Decretale Ad Gallos episcopos with the help of a second manuscript of the canonical "collection of St. Maur". He attributed it to Pope Damasus (366-384), and not to Sirice (384-398). Nevertheless, he did ignore the existence of the ancestor of the two previous manuscripts and of an other collection, materialized today by two fragmented manuscripts. This new edition of the Decretale is updated with the help of all the existing traditions and brings significant improvements. The attribution to Damasus, discussed throughout the 20th century is here confirmed through another method than Babut's. The survey of the content, the texts of the holy scripture used, and argumentation make possible the identification of the influence of Jerome who was the secretary of Damasus in 382-384. He was the only man using specific bible texts or specific expressions present in this Decretale. In spite of his wish to base all his decisions upon the Scripture and upon the Fathers' tradition (Nicée-Sardique), we discover in this decretale, focused essentially on the life of the blessed virgins and on the hiring process and life of the church, the strong assessment of the power of the "Sedes apostolica" and also of the necessity of a discipline policy, designed by the Church of Rome.
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1 online resource (ix, 177 pages) :
Includes bibliographical references and index. :
9789047406686 :
0920-623X ; :
Available to subscribing member institutions only.
Legal documents as sources for the history of Muslim societies : studies in honour of Rudolph Peters /
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This volume is a tribute to the work of legal and social historian and Arabist Rudolph Peters (University of Amsterdam). Presenting case studies from different periods and areas of the Muslim world, the book examines the use of legal documents for the study of the history of Muslim societies. From examinations of the conceptual status of legal documents to comparative studies of the development of legal formulae and the socio-economic or political historical information documents contain, the aim is to approach legal documents as specialised texts belonging to a specific social domain, while simultaneously connecting them to other historical sources. It discusses the daily functioning of legal institutions, the reflections of regime changes on legal documentation, daily life, and the materiality of legal documents. Contributors are Maaike van Berkel, Maurits H. van den Boogert, Léon Buskens, Khaled Fahmy, Aharon Layish, Sergio Carro Martín, Brinkley Messick, Toru Miura, Christian Müller, Petra M. Sijpesteijn, Mathieu Tillier, and Amalia Zomeño.
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1 online resource. :
Includes bibliographical references and index. :
9789004343733 :
Available to subscribing member institutions only.
Sharia in Africa today : reactions and responses /
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Sharīʿa in Africa Today. Reactions and Responses explores how Islamic law has influenced relations between Muslims and Christians, through a series of case studies by young African scholars working in four African countries: in Sudan where total Sharīʿa was applied until recently; in Nigeria where the Northern states re-introduced Sharīʿa courts; in Kenya where the place of Islamic courts has been contested in constitutional debates; in Tanzania where Muslims are calling for the re-introduction of Islamic courts. Each chapter is based on research carried out by the authors, topics include: relations between Muslims and Christians; how Islamic law has impacted on women; new Islamic movements and the state. It is of importance to anyone interested in the impact of Sharīʿa in Africa today.
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1 online resource. :
Includes bibliographical references and index. :
9789004262126
The codification of Islamic criminal law in the Sudan. Penal codes and Supreme Court case law under Numayri and al-Bashir /
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In The Codification of Islamic Criminal Law in the Sudan , Olaf Köndgen offers an in-depth analysis of the Sudan's Islamized penal codes of 1983 and 1991, their historical, political, and juridical context, their interpretation in the case law of the Supreme Court, and their practical application. He examines issues that arise in sharīʿa criminal law, including homicide, bodily harm, unlawful sexual intercourse ( zinā , liwāṭ ), rape, unfounded accusation of unlawful sexual intercourse ( qadhf ), highway robbery ( ḥirāba ), apostasy ( ridda ), and alcohol consumption. Drawing on a wide range of primary and secondary sources, a large number of previously untapped Supreme Court cases, and interviews with judges and politicians, Köndgen convincingly explains the multiple contradictions and often surprising aspects of one of the Arab world's longest lasting applications of codified sharīʿa criminal law. Olaf Köndgen won the DAVO Dissertation Prize 2014 for his Ph.D. thesis. \'This extremely well-documented study represents a milestone for the discussion of Islamic criminal law in the Muslim world as a whole and in the Sudan especially. Olaf Köndgen fills an academic void; his work deserves the greatest recognition, for its extraordinary quality, its thoroughness and systematic approach.\' Prof. Günter Meyer, Johannes Gutenberg University Mainz
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1 online resource (450 pages) :
Includes bibliographical references and index. :
9789004357082 :
Available to subscribing member institutions only.
Minority religions under Irish law : Islam in national and international context /
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Minority Religions under Irish Law focuses the spotlight specifically on the legal protections afforded in Ireland to minority religions, generally, and to the Muslim community, in particular. Although predominantly focused on the Irish context, the book also boasts contributions from leading international academics, considering questions of broader global importance such as how to create an inclusive environment for minority religions and how to regulate religious tribunals best. Reflecting on issues as diverse as the right to education, marriage recognition, Islamic finance and employment equality, Minority Religions under Irish Law provides a comprehensive and fresh look at the legal space occupied by many rapidly growing minority religions in Ireland, with a special focus on the Muslim community.
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1 online resource. :
Includes bibliographical references and index. :
9789004398252
Early Islamic law in Basra in the 2nd/8th century : Aqwāl Qatāda born Diʻāma al-Sadūsī /
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The manuscript of the Aqwāl Qatāda has repeatedly attracted particular interest among modern scholars, as it raises questions concerning the early development of the Ibāḍī Basran community and the emergence of Islamic jurisprudence in Iraq. It is a unique document because it attests to the existence of a scholarly link between Sunnīs and Ibāḍīs during the early development of Islamic law. The fact that the legal responsa and traditions of Qatāda born Diʿāma al-Sadūsī (60/680-117/735) are part of an Ibāḍī collection, in which the traditions of Ibāḍī Imam Jābir born Zayd (d. 93/ 711) have been transmitted through ʿAmr born Harim and ʿAmr born Dīnār, proves that the Ibāḍī lawyers of the first generations considered Qatāda to be a faithful upholder of Jābir's doctrine. Given the lack of material available for Jābir , instructions must have been given to collect whatever was transmitted through Qatāda. Qatāda's legal responsa must have corresponded to those of the first Ibāḍī authorities, which explains why the collator of the Aqwāl Qatāda (probably Abū Ghānim al-Khurāsānī) included them in an Ibāḍī manuscript. The present volume sheds light on the relationship between the Aqwāl Qatāda and Ibāḍī authorities such as al-Rabī, Abū Ubayda, and Jābir.
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1 online resource (516 pages) :
Includes bibliographical references and indexes. :
9789004339538 :
0929-2403 ; :
Available to subscribing member institutions only.
Islamic law in theory : studies on jurisprudence in honor of Bernard Weiss /
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The contributions of Bernard Weiss to the study of the principles of jurisprudence (uṣūl al-fiqh) are recognized in a series of contributions on Islamic legal theory. These thirteen chapters study a range of Islamic texts and employ contemporary legal, religious, and hermeneutical theory to study the methodology of Islamic law. Contributors include: Peter Sluglett, Ahmed El Shamsy, Éric Chaumont, A. Kevin Reinhart, Mohammad Fadel, Jonathan Brockopp, Christian Lange, Raquel M. Ukeles, Paul Powers, Robert Gleave, Wolfhart Heinrichs, Joseph Lowry, Rudolph Peters, Frank E. Vogel
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1 online resource. :
Includes bibliographical references and index. :
9789004265196
Mālik and Medina : Islamic legal reasoning in the formative period /
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This book studies the legal reasoning of Mālik ibn Anas (d. 179 H./795 C.E.) in the Muwaṭṭa' and Mudawwana . Although focusing on Mālik, the book presents a broad comparative study of legal reasoning in the first three centuries of Islam. It reexamines the role of considered opinion ( ra'y ), dissent, and legal ḥadīths and challenges the paradigm that Muslim jurists ultimately concurred on a "four-source" (Qurʾān, sunna , consensus, and analogy) theory of law. Instead, Mālik and Medina emphasizes that the four Sunnī schools of law ( madhāhib ) emerged during the formative period as distinctive, consistent, yet largely unspoken legal methodologies and persistently maintained their independence and continuity over the next millennium.
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1 online resource (552 pages) :
Includes bibliographical references and index. :
9789004247888 :
Available to subscribing member institutions only.
Shipwrecks, Legal Landscapes and Mediterranean Paradigms : Gone Under Sea /
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This book changes our understanding of the Roman conceptions about the sea by placing the focus on shipwrecks as events that act as bridges between the sea and the land. The study explores the different Roman legal definitions of these spaces, and how individuals of divergent legal statuses interacted within these areas. Its main purpose is to chart and analyse the Roman conception of the maritime landscape from the Late Republican until the Severan period. This book integrates maritime history and ethnography with the physical remains of past maritime systems, such as shipwrecks, ports, villages, fortifications, and documented legal rulings.
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This book challenges the Roman conceptions about the sea and maritime landscapes by placing the focus on shipwrecks as events that act as bridges between sea and land. It studies legal literature through the lens of the maritime cultural landscape theory.
Based on author's thesis (doctoral - Universidad de Alicante, 2014) issued under title: El edicto de incendio ruina naufragio rate nave expugnata (D. 47, 9, 1) : responsabilidad penal por cuestión de naufragio, :
1 online resource. :
Includes bibliographical references and index. :
9789004515802
9789004514980
Use and abuse of law in the Athenian courts.
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This timely volume brings together leading scholars and rising researchers in the field to examine the role played by the law in thinking and practice in the legal system of classical Athens. The aim is not to find a single perspective or method for the study of Athenian law but to explore the subject from a variety of different angles. The focus of the collection on 'use and abuse' raises fundamental questions about the status of law in the Athenian constitution as well as the use of law(s) in the courts, the nature of law itself, and the elusiveness of a definition of 'abuse'. An introduction sketches the major developments in the field over the last century.
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1 online resource. :
9789004377899
Women judges in the Muslim world : a comparative study of discourse and practice /
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Women Judges in the Muslim World: A Comparative Study of Discourse and Practice fills a gap in academic scholarship by examining public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries (Indonesia, Malaysia, Pakistan, Syria, Egypt, Libya, Tunisia and Morocco). Gender, class, and ethnic biases are inscribed in laws, particularly in the domain of shariʿa -derived family law. Editors Nadia Sonneveld and Monika Lindbekk have carefully woven together the extensive fieldwork and expertise of each author. The result is a rich tapestry that brings out the various effects of women judges in the management of justice. In contrast to early scholarship, they convincingly prove that 'the woman judge' does not exist. Contributors are: Monique C. Cardinal, Jessica Carlisle, Monika Lindbekk, Rubya Mehdi, Valentine M. Moghadam, Najibah Mohd Zin, Euis Nurlaelawati, Arskal Salim, Nadia Sonneveld, Ulrike Schultz and Maaike Voorhoeve.
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1 online resource (xxii, 324 pages) : illustrations. :
Includes bibliographical references and index. :
9789004342200 :
1570-7628 ; :
Available to subscribing member institutions only.
Law and property in Algeria : anthropological perspectives /
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In spite of its privileged place on the African continent, in the Muslim world and in the Middle East and North Africa region, Algeria remains poorly known, and the works relating to contemporary Algerian society published outside of Algeria are rare. This book seeks to contribute to our understanding of Algerian society today, through its relationships to property and to law. Beyond this, the objective is to propose, in a comparative perspective proper to anthropology, new theoretical and methodological perspectives by which to apprehend the anthropology of law in a Muslim context. Algeria, as a post-colonial and post-Socialist State, whose population is overwhelmingly Muslim, proves to be a particularly interesting case to study. Contributors are: Hichem Amichi, Emilie Barraud, Ammar Belhimer, Yazid Ben Hounet, Nejm Benessaiah, Sami Bouarfa, Tarik Dahou, Baudouin Dupret, Marcel Kuper, Judith Scheele, Alice Wilson.
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"This volume was published with the support of the French National Agency for Research (ANR), as an outcome of the research project "Property in Moslem Transitional Environments" (PROMETEE) that was conducted within the frame of the German-French program FRAL and associated teams affiliated to the Centre Jacques-Berque (CJB) of Rabat and the Erlanger Zentrum fur Islam und Recht in Europa (EZIRE)." :
1 online resource (189 pages) : map. :
Includes bibliographical references and index. :
9789004362116 :
Available to subscribing member institutions only.
The impact of justice on the Roman Empire : proceedings of the thirteenth workshop of the International Network Impact of Empire (Gent, June 21-24, 2017) / edited by Olivier Hekste...
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The Impact of Justice on the Roman Empire discusses ways in which notions, practice and the ideology of justice impacted on the functioning of the Roman Empire. The papers assembled in this volume follow from the thirteenth workshop of the international network Impact of Empire. They focus on what was considered just in various groups of Roman subjects, how these views were legitimated, shifted over time, and how they affected policy making and political, administrative, and judicial practices. Linking all of the papers are three common themes: the emperor and justice, justice in a dispersed empire and differentiation of justice.
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1 online resource. :
Includes bibliographical references and index. :
9789004400474
Poznań School of Legal Theory /
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"This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application in the era of moral pluralism and multicentric legal systems. Moreover, the legal-theoretical proposals put forward by the circle of Poznań legal theorists, and supported by firm methodological foundations, have not, by any means, lost their value. Although each of the authors tackles issues from different perspectives, there is a discernible unity in their approaches, expressed in the conviction that modest analysis makes more sense than ambitious analysis of the concept of law or the nature of law. The Poznań School has made several valuable contributions to contemporary legal theory: Its works have drawn from Polish philosophy of language and therefore embedded its theoretical and legal considerations in the Polish philosophical culture; it created an original model method which consists of considering ideal situations in which dependencies are not disturbed by the influence of other factors; and it treats the human being as a rational person, and thus as a cognizing subject and a rational agent"--
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1 online resource. :
Includes bibliographical references and index. :
9789004448445
9789004446366
Visions of sharīʻa : contemporary discussions in Shi'i legal theory /
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In Visions of Sharīʿa Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory ( uṣūl al-fiqh ) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought. Bringing together authoritative voices and emerging scholars, from both 'traditional' seminaries and 'Western' academies, the distinct critical insider and emic accounts provided develop a novel avenue in Islamic legal studies. Contextualised through reference to the history of Shīʿī legal theory as well as contemporary juristic practice and socio-political considerations, the volume demonstrates how one of the most intellectually vibrant and developed discourses of Islamic thought continues to be a key forum for exploring visions of Sharīʿa .
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Includes index.
"This collection of papers is the result of a two-day conference held in August 2015 in St Aidan's College at Durham University, organised jointly by the Al-Mahdi Institute in Birmingham and Durham's research group Islam, Law and Modernity (ILM)." --ECIP preface. :
1 online resource. :
9789004413948