Foreigners and Their Food explores how Jews, Christians, and Muslims conceptualize "us" and "them" through rules about the preparation of food by adherents of other religions and the act of eating ...with such outsiders. David M. Freidenreich analyzes the significance of food to religious formation, elucidating the ways ancient and medieval scholars use food restrictions to think about the "other." Freidenreich illuminates the subtly different ways Jews, Christians, and Muslims perceive themselves, and he demonstrates how these distinctive self-conceptions shape ideas about religious foreigners and communal boundaries. This work, the first to analyze change over time across the legal literatures of Judaism, Christianity, and Islam, makes pathbreaking contributions to the history of interreligious intolerance and to the comparative study of religion.
Mason looks at the legal response to those aspects of the troubled pregnancy which require or involve medico-legal intervention. The unwanted pregnancy is considered particularly in the light of the ...Abortion Act 1967, s.1(1)(d) and the related action for so-called wrongful birth due to faulty ante-natal care. The unexpected or uncovenanted birth of a healthy child resulting from failed sterilisation is approached through an analysis of the seminal case of McFarlane and associated cases involving disability in either the neonate or the mother. The disabled neonate's right to sue for its diminished life is discussed and the legal approach to the management of severe congenital disease is analysed - thus following Baroness Hale in believing that care of the newborn is an integral part of pregnancy. Aspects are considered from historical and comparative perspectives, including coverage of experience in the USA, the Commonwealth and Europe.
Prenatal and preimplantation testing technologies have offered unprecedented access to information about the genetic and congenital makeup of our prospective progeny. Future developments such as ...preconception testing, non-intrusive prenatal testing and more extensive preimplantation testing promise to increase that access further still. The result may be greater reproductive choice, but it also increases the burden on women and men to avail themselves of these technologies in order to avoid having a child with a disability. The overwhelming question for legislators has been whether and, if so, how to regulate the use of these technologies in the face of compelling but seemingly contradictory claims about the advancement of reproductive choice and the dangers of eugenic or discriminatory effects. This book examines the evolution of this legislative oversight across a number of jurisdictions and explores the tensions and ambiguities that inform these laws.
Legal results often turn on motive, and motive is often complex. How do various domains of law deal with mixed motives? Are we condemned by our darkest motive, forgiven according to our noblest, or ...something in between? This Article conducts a sweeping examination of motivations in the law, from equal protection and employment discrimination to insider trading and income taxation. It develops a precise descriptive vocabulary for categorizing the treatment of mixed motives in numerous areas of law. This framework yields several important insights. For example, nearly all domains of law pick among just four motive standards, and motive-based analysis is far more workable than commonly believed.
We could not have a global economy without a system to resolve commercial disputes across borders, but the international regime that performs this key role bears little resemblance to other ...institutions underpinning the global economy. A hybrid of private arbitral institutions, international treaties, and domestic laws and courts, the regime for commercial dispute resolution shows that effective transborder institutions can take a variety of forms. This book offers the first comprehensive social scientific account of this surprisingly effective regime. It maps and explains its evolution since the Industrial Revolution, both at the global level and in the United States, Argentina, and China. The book shows how both political economy approaches and socio-legal theories have shaped institutional outcomes. While economic interests have been the chief determinants, legal processes have played a key role in shaping the form institutions take. The regime for commercial dispute resolution therefore remains between interests and law.
Available open access digitally under CC-BY-NC-ND licence. This unique research paints a vivid picture of migrant workers' experiences following Brexit and COVID-19. Based on a longitudinal study, it ...explores their legal struggles, uncovers the hidden interactions between the law and communities around employment, housing, welfare and health issues and sheds much-needed light on the crucial role of NGOs working to support them.
During the 1840s and 1850s, a dangerous ferment afflicted the North-South border region, pitting the slave states of Maryland, Virginia, Kentucky, and Missouri against the free states of New Jersey, ...Pennsylvania, Ohio, Indiana, and Illinois. Aspects of this struggle--the underground railroad, enforcement of the fugitive slave laws, mob actions, and sectional politics--are well known as parts of other stories. Here, Stanley Harrold explores the border struggle itself, the dramatic incidents that it comprised, and its role in the complex dynamics leading to the Civil War.Border Warexamines the previously neglected cross-border clash of attitudes and traditions dating many generations back. By the mid-nineteenth century, nowhere else were tensions greater between antislavery and proslavery interests. Nowhere else was there more direct conflict between the forces binding North and South together and those driving them apart. There were mass slave escapes, battles between antislavery and proslavery vigilantes, and fierce resistance in the Border North to the kidnapping of free African Americans. There were also fights throughout the borderlands between fugitive slaves and those attempting to apprehend them. Harrold argues that, during the 1850s, warfare on the Kansas-Missouri line and John Brown's raid on Harpers Ferry, Virginia, were manifestations of a more pervasive border conflict that helped push the Lower South into secession and helped persuade most of the Border South to stand by the Union.
Gender Justice and Legal Pluralities: Latin American and African Perspectives examines the relationship between legal pluralities and the prospects for greater gender justice in developing countries. ...Rather than asking whether legal pluralities are 'good' or 'bad' for women, the starting point of this volume is that legal pluralities are a social fact. Adopting a more anthropological approach to the issues of gender justice and women's rights, it analyzes how gendered rights claims are made and responded to within a range of different cultural, social, economic and political contexts. By examining the different ways in which legal norms, instruments and discourses are being used to challenge or reinforce gendered forms of exclusion, contributing authors generate new knowledge about the dynamics at play between the contemporary contexts of legal pluralities and the struggles for gender justice. Any consideration of this relationship must, it is concluded, be located within a broader, historically informed analysis of regimes of governance.
This book examines the relationship between illegal migration and globalization. Under the pressures of globalizing forces, migration law is transformed into the last bastion of sovereignty. This ...explains the worldwide crackdown on extra-legal migration and informs the shape this crackdown is taking. It also means that migration law reflects key facets of globalization and addresses the central debates of globalization theory. This book looks at various migration law settings, asserting that differing but related globalization effects are discernible at each location. The 'core samples' interrogated in the book are drawn from refugee law, illegal labor migration, human trafficking, security issues in migration law, and citizenship law. Special attention is paid to the roles played by the European Union and the United States in setting the terms of global engagement. The book's conclusion considers what the rule of law contributes to transformed migration law.
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