The Muslim conquest of the East in the seventh century entailed the subjugation of Christians, Jews, Zoroastrians and others. Although much has been written about the status of non-Muslims in the ...Islamic empire, no previous works have examined how the rules applying to minorities were formulated. Milka Levy-Rubin's remarkable book traces the emergence of these regulations from the first surrender agreements in the immediate aftermath of conquest to the formation of the canonic document called the Pact of 'Umar, which was formalized under the early 'Abbasids, in the first half of the ninth century. The study reveals that the conquered peoples themselves played a major role in the creation of these policies and that they were based on long-standing traditions, customs and institutions from earlier pre-Islamic cultures that originated in the worlds of both the conquerors and the conquered. In its connections to Roman, Byzantine and Sasanian traditions, the book will appeal to historians of Europe as well as Arabia and Persia.
The past two decades have witnessed the rapid proliferation of private military and security companies (PMSCs) in armed conflicts around the world, with PMSCs participating in, for example, offensive ...combat, prisoner interrogation and the provision of advice and training. The extensive outsourcing of military and security activities has challenged conventional conceptions of the state as the primary holder of coercive power and raised concerns about the reduction in state control over the use of violence. Hannah Tonkin critically analyses the international obligations on three key states - the hiring state, the home state and the host state of a PMSC - and identifies the circumstances in which PMSC misconduct may give rise to state responsibility. This analysis will facilitate the assessment of state responsibility in cases of PMSC misconduct and set standards to guide states in developing their domestic laws and policies on private security.
During more than a century of colonial rule over Algeria, the French state shaped and reshaped the meaning and practice of Muslim law by regulating it and circumscribing it to the domain of family ...law, while applying the French Civil Code to appropriate the property of Algerians. In Sex, Law, and Sovereignty in French Algeria, 1830–1930, Judith Surkis traces how colonial authorities constructed Muslim legal difference and used it to deny Algerian Muslims full citizenship. In disconnecting Muslim law from property rights, French officials increasingly attached it to the bodies, beliefs, and personhood. Surkis argues that powerful affective attachments to the intimate life of the family and fantasies about Algerian women and the sexual prerogatives of Muslim men, supposedly codified in the practices of polygamy and child marriage, shaped French theories and regulatory practices of Muslim law in fundamental and lasting ways. Women's legal status in particular came to represent the dense relationship between sex and sovereignty in the colony. This book also highlights the ways in which Algerians interacted with and responded to colonial law. Ultimately, this sweeping legal genealogy of French Algeria elucidates how "the Muslim question" in France became—and remains—a question of sex.
In what ways has Islamic law discriminated against women and privileged men? What rights and power have been accorded to Muslim women, and how have they used the legal system to enhance their social ...and economic position? In an analysis of Islamic law through the prism of gender, Judith Tucker tackles these complex questions relating to the position of women in Islamic society, and to the ways in which the legal system impacted on the family, property rights, space and sexuality, from classical and medieval times to the present. Working with concepts drawn from feminist legal theory and by using particular cases to illustrate her arguments, the author systematically addresses questions of discrimination and expectation - what did men expect of their womenfolk - and of how the language of the law contributed to that discrimination, infecting the system and all those who participated in it.
This collection addresses the potential of the European Social Charter to promote and safeguard social rights in Europe. Drawing on the expertise of the ETUI Transnational Trade Union Rights expert ...network from across Europe, it provides a comprehensive commentary on these fundamental rights. Taking a two part approach, it offers an in-depth legal analysis of the European Social Charter as a new social constitution for Europe, investigating first the potential of the general legal frame in which the Charter is embedded. In the second phase a series of social rights which are related to the employment relation are examined in particular in light of the jurisprudence of the European Committee of Social Rights (ECSR), to demonstrate the crucial but difficult role of the Charter's supervisory bodies to secure the respect and promotion of social rights and national level, bearing in mind the reciprocal influence of other international social rights instruments. This examination is timely, given the pressure exerted on those rights during the recent period of economic crisis. Furthermore, in the light of the predominantly economic vision of Europe, such analysis is crucial. The collection is aimed at stimulating academic scrutiny and raising awareness amongst practitioners and trade unions about this important and equally necessary anchor of the social dimension of Europe in legal and political practice.
A range of emerging refugee claims is beginning to challenge the boundaries of the Refugee Convention regime and question traditional distinctions between 'economic migrants' and 'political ...refugees'. This book, first published in 2007, identifies the conceptual and analytical challenges presented by claims based on socio-economic deprivation, and undertakes an assessment of the extent to which these challenges may be overcome by a creative interpretation of the Refugee Convention, consistent with correct principles of international treaty interpretation. The central argument is that, notwithstanding the dichotomy between 'economic migrants' and 'political refugees', the Refugee Convention is capable of accommodating a more complex analysis which recognizes that many claims based on socio-economic deprivation are indeed properly considered within the purview of the Refugee Convention. This, the first book to consider these issues, will be of great interest to refugee law scholars, advocates, decision-makers and non-governmental organizations.
To borrow a phrase from Galileo: What does it mean that the story of the creation is “written in the language of mathematics?” This book is an attempt to understand the natural world, its ...consistency, and the ontology of what we call laws of nature, with a special focus on their mathematical expression. It does this by arguing in favor of the Essentialist interpretation over that of the Humean and Anti-Humean accounts. It re-examines and critiques Descartes’ notion of laws of nature following from God’s activity in the world as mover of extended bodies, as well as Hume’s arguments against causality and induction. It then presents an Aristotelian-Thomistic account of laws of nature based on mathematical abstraction, necessity, and teleology, finally offering a definition for laws of nature within this framework.
By analyzing "law in the making" between 2012 and 2018 and focusing on the conceptualization of gender, the book strives to determine why there is to date no family law in Palestine despite ...controversial public debates.
Pauper Capital Green, David R.
2010, 20160513, 2010-04-01, 2016-05-13, 2016-05-20, 20100101
eBook
Few measures, if any, could claim to have had a greater impact on British society than the poor law. As a comprehensive system of relieving those in need, the poor law provided relief for a ...significant proportion of the population but influenced the behaviour of a much larger group that lived at or near the margins of poverty. It touched the lives of countless numbers of individuals not only as paupers but also as ratepayers, guardians, officials and magistrates.
This system underwent significant change in the nineteenth century with the shift from the old to the new poor law. The extent to which changes in policy anticipated new legislation is a key question and is here examined in the context of London. Rapid population growth and turnover, the lack of personal knowledge between rich and poor, and the close proximity of numerous autonomous poor law authorities created a distinctly metropolitan context for the provision of relief.
This work provides the first detailed study of the poor law in London during the period leading up to and after the implementation of the Poor Law Amendment Act of 1834. Drawing on a wide range of primary and secondary sources the book focuses explicitly on the ways in which those involved with the poor law - both as providers and recipients - negotiated the provision of relief. In the context of significant urban change in the late eighteenth and nineteenth century, it analyses the poor law as a system of institutions and explores the material and political processes that shaped relief policies.
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.