Former Archbishop of Canterbury Rowan Williams triggered a storm of protest when he suggested that some accommodation between British law and Islam's shari'a law was 'inevitable'. His foundational ...lecture introduced a series of public discussions on Islam and English Law at the Royal Courts of Justice and the Temple Church in London. This volume combines developed versions of these discussions with new contributions. Theologians, lawyers and sociologists look back on developments since the Archbishop spoke and forwards along trajectories opened by the historic lecture. The contributors provide and advocate a forward-looking dialogue, asking how the rights of all citizens are honoured and their responsibilities met. Twenty specialists explore the evolution of English law, the implications of Islam, shari'a and jihad and the principles of the European Convention on Human Rights, family law and freedom of speech. This book is for anyone interested in the interaction between religion and secular society.
InA Common JusticeUriel I. Simonsohn examines the legislative response of Christian and Jewish religious elites to the problem posed by the appeal of their coreligionists to judicial authorities ...outside their communities. Focusing on the late seventh to early eleventh centuries in the region between Iraq in the east and present-day Tunisia in the west, Simonsohn explores the multiplicity of judicial systems that coexisted under early Islam to reveal a complex array of social obligations that connected individuals across confessional boundaries. By examining the incentives for appeal to external judicial institutions on the one hand and the response of minority confessional elites on the other, the study fundamentally alters our conception of the social history of the Near East in the early Islamic period.
Contrary to the prevalent scholarly notion of a rigid social setting strictly demarcated along confessional lines, Simonsohn's comparative study of Christian and Jewish legal behavior under early Muslim rule exposes a considerable degree of fluidity across communal boundaries. This seeming disregard for religious affiliations threatened to undermine the position of traditional religious elites; in response, they acted vigorously to reinforce communal boundaries, censuring recourse to external judicial institutions and even threatening transgressors with excommunication.
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.
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 edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements-agreements that are formed ...between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements.
Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law.
Title IX, a landmark federal statute enacted in 1972 to prohibit sex discrimination in education, has worked its way into American culture as few other laws have. It is an iconic law, the subject of ...web blogs and T-shirt slogans, and is widely credited with opening the doors to the massive numbers of girls and women now participating in competitive sports. Yet few people fully understand the law's requirements, or the extent to which it has succeeded in challenging the gender norms that have circumscribed women's opportunities as athletes and their place in society more generally.In this first legal analysis of Title IX, Deborah L. Brake assesses the statute's successes and failures. While the statute has created tremendous gains for female athletes, not only raising the visibility and cultural acceptance of women in sports, but also creating social bonds for women, positive body images, and leadership roles, the disparities in funding between men's and women's sports have remained remarkably resilient. At the same time, female athletes continue to receive less prestige and support than their male counterparts, which in turn filters into the arena of professional sports. Brake provides a richer understanding and appreciation of what Title IX has accomplished, while taking a critical look at the places where the law has fallen short. A unique contribution to the literature on Title IX, Getting in the Game fully explores the theory, policy choices, successes, and limitations of this historic law.
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.
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.
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.
