How to make Islam compatible with contemporary notions of democracy, legality and the state?In this brilliantly argued book, Mohamed Charfi tackles this pressing question facing all Arab-Muslim nation
Images have become an integral part of the political regulation of migration: they help produce categories of legality versus illegality, foster stereotypes, and mobilize political convictions. Yet ho
This work brings together thirteen leading Nancy scholars to focus on Jean-Luc Nancy's overlooked, original, and prescient contributions to legal and political theory. Conceptions of justice, legality
English-speaking jurisprudence of the last 100 years has devoted considerable attention to questions of identity and continuity. H.L.A. Hart, Joseph Raz, and many others have sought means to identify
Starting in the late nineteenth century, colonial rule in India took an active interest in regulating financial markets beyond the bridgeheads of European capital in intercontinental trade. Regulatory efforts were part of a modernizing project seeking to produce alignments between British and Indian business procedures, and to create the financial basis for incipient industrialization in India. For vast sections of Indian society, however, they pushed credit/debt relations into the realm of extra-legality, while the new, regulated agents of finance remained incapable (and unwilling) of serving their needs. Combining historical and ethnographic approaches, the book questions underlying assumptions of modernization in finance that continue to prevail in postcolonial India, and delineates the socioeconomic responses they produced, and studies the reputational economies of debt that have emerged instead – extra-legal markets embedded into communication flows on trust and reputation that ha
A most comprehensive empirical analysis of the economic transformation of the former Soviet bloc during the first decade after communism. It debunks many myths, seeing transition as a struggle between radical reformers and those thriving on rent seeking. People have gained from fast and comprehensive reforms, but several countries have gotten stuck in corruption. Economic decline and social hazards have been greatly exaggerated, since people have forgotten how awful communism was. Swift liberalization of prices and foreign trade, as well as rapid and profound fiscal adjustment, have been vital for growth, institutional reforms, legality and greater equity. Privatization has been beneficial, and its effects will grow over time. The main problem has been the continuation of unregulated and ubiquitous state apparatuses living on corruption, while no country has suffered from too radical reforms. Where malpractices of the elite can be checked, market reforms and democracy have proceeded to
A most comprehensive empirical analysis of the economic transformation of the former Soviet bloc during the first decade after communism. It debunks many myths, seeing transition as a struggle between radical reformers and those thriving on rent seeking. People have gained from fast and comprehensive reforms, but several countries have gotten stuck in corruption. Economic decline and social hazards have been greatly exaggerated, since people have forgotten how awful communism was. Swift liberalization of prices and foreign trade, as well as rapid and profound fiscal adjustment, have been vital for growth, institutional reforms, legality and greater equity. Privatization has been beneficial, and its effects will grow over time. The main problem has been the continuation of unregulated and ubiquitous state apparatuses living on corruption, while no country has suffered from too radical reforms. Where malpractices of the elite can be checked, market reforms and democracy have proceeded to
Khaled Abou El Fadl's book represents the first systematic examination of the idea and treatment of political resistance and rebellion in Islamic law. Pre-modern jurists produced an extensive and sophisticated discourse on the legality of rebellion and the treatment due to rebels under Islamic law. The book examines the emergence and development of these discourses from the eighth to the fifteenth centuries and considers juristic responses to the various terror-inducing strategies employed by rebels including assassination, stealth attacks and rape. The study demonstrates how Muslim jurists went about restructuring several competing doctrinal sources in order to construct a highly technical discourse on rebellion. Indeed many of these rulings may have a profound influence on contemporary practices. This is an important and challenging book which sheds light on the complexities of Islamic law and pre-modern attitudes to dissidence and rebellion.
Nathan Brown's penetrating account of the development and operation of the courts in the Arab world is based on fieldwork in Egypt and the Gulf. The book addresses several important questions. Why, for example, did Egypt's political leaders construct an independent judicial system that limited their own authority? And why does such a system appeal to Arab rulers outside Egypt? While most accounts stress the role of imperialism or liberal ideology, the author maintains that the primary purpose of the system is to provide support for the officially sanctioned order. The model offers similar attractions for other Arab rulers. From the theoretical perspective, the book will contribute to the debates about liberal legality, political change and the relationship between law and society in the developing world. It will be read by scholars of the Middle East, law students and those interested in the history of law and its evolution.
The Torture Papers document the so-called 'torture memos' and reports which US government officials wrote to prepare the way for, and to document, coercive interrogation and torture in Afghanistan, Guantanamo, and Abu Ghraib. These documents present for the first time a compilation of materials that prior to publication have existed only piecemeal in the public domain. The Bush Administration, concerned about the legality of harsh interrogation techniques, understood the need to establish a legally viable argument to justify such procedures. The memos and reports document the systematic attempt of the US Government to prepare the way for torture techniques and coercive interrogation practices, forbidden under international law, with the express intent of evading legal punishment in the aftermath of any discovery of these practices and policies.
In this book, the author outlines three independent bases for the existence of legal limits to the veto by UN Security Council permanent members while atrocity crimes are occurring. The provisions of the UN Charter creating the veto cannot override the UN's 'Purposes and Principles', nor jus cogens (peremptory norms of international law). There are also positive obligations imposed by the Geneva and Genocide Conventions in situations of war crimes and genocide - conventions to which all permanent members are parties. The author demonstrates how vetoes and veto threats have blocked the Security Council from pursuing measures that could have prevented or alleviated atrocity crimes (genocide, crimes against humanity, war crimes) in places such as Myanmar, Darfur, Syria, and elsewhere. As the practice continues despite regular condemnation by other UN member states and repeated voluntary veto restraint initiatives, the book explores how the legality of this practice could be challenged.
The intense and polemical debate over the legality and morality of weapons systems to which human cognitive functions are delegated (up to and including the capacity to select targets and release weapons without further human intervention) addresses a phenomena which does not yet exist but which is widely claimed to be emergent. This groundbreaking collection combines contributions from roboticists, legal scholars, philosophers and sociologists of science in order to recast the debate in a manner that clarifies key areas and articulates questions for future research. The contributors develop insights with direct policy relevance, including who bears responsibility for autonomous weapons systems, whether they would violate fundamental ethical and legal norms, and how to regulate their development. It is essential reading for those concerned about this emerging phenomenon and its consequences for the future of humanity.
The intense and polemical debate over the legality and morality of weapons systems to which human cognitive functions are delegated (up to and including the capacity to select targets and release weapons without further human intervention) addresses a phenomena which does not yet exist but which is widely claimed to be emergent. This groundbreaking collection combines contributions from roboticists, legal scholars, philosophers and sociologists of science in order to recast the debate in a manner that clarifies key areas and articulates questions for future research. The contributors develop insights with direct policy relevance, including who bears responsibility for autonomous weapons systems, whether they would violate fundamental ethical and legal norms, and how to regulate their development. It is essential reading for those concerned about this emerging phenomenon and its consequences for the future of humanity.
This book argues that the Dutch East India Company empire manifested itself through multiple networks that amalgamated spatially and over time into an imperial web whose sovereignty was effectively created and maintained but always partial and contingent. Networks of Empire proposes that early modern empires were comprised of durable networks of trade, administration, settlement, legality, and migration whose regional circuits and territorially and institutionally based nodes of regulatory power operated not only on land and sea but discursively as well. Rights of sovereignty were granted to the company by the States General in the United Provinces. Company directors in Europe administered the exercise of sovereignty by company servants in its chartered domain. The empire developed in dynamic response to challenges waged by individuals and other sovereign entities operating within the Indian Ocean grid. By closely examining the Dutch East India Company's network of forced migration thi
There are many variables of territoriality available to national courts under contemporary international law. Does the same apply to the International Criminal Court? And if so, what are the limits to the teleological expansion of the Court's territorial jurisdiction as regards, for example, partial commission of a crime in State not Party territory, crimes committed over the internet or crimes committed in occupied territories? Michael Vagias's analysis of the law and procedure surrounding the territorial jurisdiction of the Court examines issues such as the application of localisation theories of territoriality and the means of interpretation for article 12(2)(a); the principle of legality (nullum crimen sine lege) and human rights law for the interpretation of jurisdictional provisions; compétence de la compétence; crimes committed over the internet; and the procedure for jurisdictional objections.
Alongside burgeoning global business, which asserts its legality, ethics and social responsibility, there exists a dark side of shadow trades manifesting various shades of legitimacy. Not only do the
The International Court of Justice in 1996 delivered an advisory opinion on the legality of nuclear weapons that stated while international law does not specifically prohibit their use, important envi
