Bücher der Reihe Law in Context

This book will interest students and scholars examining the complex relations between the West and the so-called Muslim world. Using a specific legal issue, the study interrogates the broad topics of international law and Islamic law, demonstrating the exceptionalisms at play that make more general human rights debates so fraught.

Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation.

How are enterprises wielding economic power, distributing wealth and income, and affecting our environment and rights built by law? This book is for students studying law, business, sociology, economics or history, for interested people who seek answers about our economic constitution, and is an original guide for experts in all fields.

Provides unique insight into debates in the field of human rights around how to address violent and traumatic pasts, reconcile divided nations, and strengthen state institutions in the aftermath of conflict. It will be of interest to policy-makers, practitioners, and scholars of transitional justice, international relations, and art theory.

This book studies the rise of access and the effect of the sharing economy on property as a social and legal institution. It will benefit academics, students, policymakers and practitioners interested in the sharing economy, property, legal theory, and more broadly, Internet and society, market economy, and law and society.

This is the first history and analysis of the impact of technology on the workings of the UK Parliament, situating it within the wider global debates on democracy in the age of the Internet, constitutional law and history, and 'law and technology'.

Covering substantive and dispute settlement matters, this textbook provides analyses accessible to readers who are discovering international investment law and arbitration anew, while it offers a wealth of in-depth studies for readers who are already familiar with this field of law.

Provides students with an introduction to legal philosophy, using the Universal Declaration of Human Rights to reflect on human rights.

An essential resource for those who need to understand the UK land law system. Aimed at law students and those interested in political theory, environmental studies, resource economics and land administration needing a clear understanding of property law, Principles of Property Law helps demystify this wide-impacting subject.

This is the first textbook on international and European disability law and policy. Guided by the global legal standards of the CRPD, students are equipped with the necessary theoretical and conceptual background on disability, and a comprehensive overview of the legal and policy frameworks on disability.

Labour Law offers a comprehensive and critical account of the subject by a team of prominent labour lawyers. Providing commentary and integrated materials, it fully equips the students with the information they need for their course. Case studies showing the law 'in action' combine with a clear and logical structure to make it essential reading.

Atiyah's Accidents, Compensation and the Law is the only book written in a Commonwealth jurisdiction that examines the accident compensation system in its broader social context. It provides the reader with a significantly richer understanding of the relevant law than they would obtain from books that concentrate on just the legal principles.

An important contribution to the field which explores both the legal and economic dimensions of EU economic governance in a clear and comprehensive way. It is an essential resource for law and economics students focusing on European Union economic governance.

Engaging with topics as diverse as Islamic constitutionalism, Islamic finance, human rights and internet fatawa, this book explores what constitutes Islamic law in the contemporary world by considering theoretical perspectives of Islamic law and its application in everyday life. It is an invaluable resource for scholars, students and practitioners.

With her characteristic clarity and verve, Susan Haack brings her original and distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues. She includes analyses of a variety of cases and summaries of relevant scientific work, of the many roles of the scientific peer-review system, and of relevant legal developments.

Crime, Reason and History critically analyses the general principles of criminal law and offers a different viewpoint: that the law is systematically structured around conflicting elements. Updated to include two new chapters with an extended treatment of offence and defence, this new edition combines challenging and sophisticated analysis with accessibility.

Promotes a global socio-legal perspective that engages with multiple laws and societies and diverse socio-legal systems based on different historical and cultural traditions.

Provides an up-to-date account of English sentencing law.

A stimulating introduction to a rapidly developing area of law, which is becoming more important.

This book is for anyone interested in the history of marriage and cohabitation, whether historian, lawyer or general reader. It is written in an accessible style, while providing a radical reassessment of existing ideas about the popularity, legal treatment and perceptions of cohabitation between 1600 and 2010.

This fresh understanding of global law and contemporary gender relations asks 'whom do we care about?' not 'what rights do women have?'. Case studies feature African women producing fruit and flowers for UK export; Polish, Filipino and Moldovan migrant body workers providing care and sex; and British-Asian transnational marriages.

With reference to the jurisprudence of the European Court of Human Rights and the new international criminal tribunals, John Jackson and Sarah Summers chart the development of a genuinely cosmopolitan law of evidence in criminal cases across the common law and civil law traditions.

Freedom of Information (FOI) laws have generated calls for constitutional reform. Pressures for national security and secrecy must be balanced alongside demands for FOI. This detailed discussion of FOI laws and personal data laws examines the historical development of secrecy, national security and government, and their modern context.

Do inequalities in wealth threaten British democracy? Democracy Distorted demonstrates how wealth can generate political influence, through the funding of political parties, lobbying and media power, and provides a range of potential solutions to the problem of money in politics.

This text is a study of the public/private law divide in the common law tradition. Its starting point is that substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging 'private' functions.

This work compares civil and common law systems using the French legal system as its basis. Focusing on the four main branches of French law: civil, criminal, administrative and constitutional law, the book examines the way that the judiciary, lawyers and academics operate within them.