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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
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.
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
The Boundaries of Criminalisation : Rethinking Public Goods and Legal Interests in Domestic and Transnational Criminal Law /
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This book challenges how we think about the foundations and boundaries of criminalisation by reimagining the concepts of public goods and legal interests-both nationally and transnationally. Can we identify common public goods and legal interests across borders that warrant protection through criminal law, or are they shaped by diverse national values and principles? To answer this, the book examines how these concepts justify, explain, and constrain the criminalisation of conduct across different legal systems. It blends rigorous academic analysis with practical recommendations to help further shape our ideas on criminalisation and the future of criminal law, making it a must-read for scholars, practitioners, and anyone invested in the future of criminal justice across Europe and beyond.
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1 online resource (300 pages) : illustrations. :
Includes bibliographical references and index. :
9789004754072
Arguments and analysis in bioethics /
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Is there any justification for the common practice of allocating expensive medical resources to rescue a few from rare diseases, when those resources could be used to treat devastating diseases that affect the many? Does the use of Prozac and other anti-depressants make us inauthentic beings? Is it immoral and irrational to have children? What is the force of examples and counterexamples in bioethics? What are the relevance of moral intuition and the role of empirical evidence in bioethical argument? What notion of "function" underlies accounts of the distinction between normality and disease and between therapy and enhancement? Is there an inherent conflict between research aimed at therapy and research aimed at gaining knowledge, such that the very notion of "therapeutic research" is an oxymoron? The twenty-one chapters in this volume strive, through the use of high quality argument and analysis, to get a good deal clearer concerning a range of issues in bioethics, and a range of issues about bioethics. The essays are provocative, indeed, some quite radical and disturbing, as they call into question many common methodological and substantive assumptions in bioethics.
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1 online resource (xiv, 304 pages) :
Includes bibliographical references and index. :
9789042028036 :
Available to subscribing member institutions only.
Restorative Justice and Family Violence : Peacemaking /
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By engaging families in taking charge of their affairs, restorative justice can reverse family violence. But the expansion of restorative programming into family violence is stymied by fears of setting family members at risk and heightening agency liability if harm results. How does this anthology counter these fears? In response, it provides two decades of studies documenting successes of a restorative approach with gendered and intergenerational violence. It offers feminist frameworks to explain how these successes are achieved. And finally, the author turns to cultural and religious messages from her own upbringing as a Quaker (Religious Society of Friends) to explain why a restorative approach makes lasting and just peace in homes. The aim is to encourage others to identify such principles in their own backgrounds to safely and confidently expand the use of restorative programming to safeguard children and adults in the home.
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1 online resource (305 pages) : illustrations. :
Includes bibliographical references and index. :
9789004729797
Intelligent and Autonomous: Transforming Values in the Face of Technology /
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This book uses case analyses and industry insights and blends them with forays into philosophy and ethics to conceptualise the mismatch between human values and the values inherent in an increasingly technologized world. Bringing together contributors from the disciplines of law, politics, philosophy, and communication studies, this volume develops an interdisciplinary vocabulary for thinking about the questions and antinomies of human-technology interaction while also resisting any deceptively straightforward synthesis. The topics discussed include the competition over and regulation of technology, the harm induced by autonomous technologies, and the place and role of humans in a world that is undergoing rapid and radical change.
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1 online resource (225 pages) : illustrations. :
Includes bibliographical references and index. :
9789004547261
منح مولانا البَارِي في مناقب أَبِي القَاسمِ السَّكَنْدَرِيِّ القَبَّارِيِّ تحقيق ودراسة : [Mīnah Mawlānā al-Bārī fī Manāqib Abī al-Qāsim al-Sakandarī al-Qabbārī: Edition and Study]...
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ناصِرُ الدِّين ابنُ المُنيِّر تلميذٌ وفيٌّ مُخلِصٌ لأبي القاسِم للقَبَّاريِّ، سجَّل تفاصيلَ حياته؛ كي تكون تطبيقاتٍ عمليّةً لتعاليم القُرآن الكريم والسُّنّة الشَّريفة، من دُون ابتداعٍ. كان القَبَّاريُّ دقيقًا في القول والعمل، مُتحرِّيًا في التَّمييز بين الحلال والحَرام، مُحترِزًا من إدْخال طعامٍ أو شَرَابِ في الجَوْف إلَّا من أبْواب الحلال، مُتيقِّظًا في مُعامَلة النّاس؛ حتَّى لا يُؤذي أحدَهم أو يُضِرُّه ولو بأقلِّ القليل. فحرَص ابنُ المُنيِّر على إبْرازها في هذا العَمَل الذي كتَبَه كشاهِد عِيَانٍ، مُعاصِر لها بنفسه، غير مُجامِلٍ لشَيْخه أو مُبالِغ في حُبِّه له. Nāṣir al-Dīn b. al-Munīr was a loyal and sincere student of Abī al-Qāsim al-Qabbārī. He recorded the details of al-Qabbārī's life to serve as practical applications of the teachings of the Qur'ān and the Sunnah- without innovation. Al-Qabbārī was precise in both speech and action, meticulous in distinguishing between the lawful (ḥalāl) and the unlawful (ḥarām), and cautious about allowing any food or drink into his body except that is earned in a ḥalāl ways . He was vigilant in his dealings with people, ensuring that he did not harm or hurt anyone, even in the slightest way. Ibn al-Munīr was keen to highlight this in the work he wrote, as a firsthand witness to these actions, without flattering his teacher or exaggerating his love for him.
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1 online resource (225 pages) : illustrations. :
Includes bibliographical references and index. :
9789004745452