Existing approaches to the relation of law and society have for a long time seen law as either autonomous or grounded in society. Drawing on untapped resources in social theory, Fitzpatrick finds law pivotally placed in and beyond modernity. Being itself of the modern, law takes impetus and identity from modern society and, through incorporating 'pre-modern' elements of savagery and the sacred, it comes to constitute that very society. When placing law in such a crucial position for modernity, Fitzpatrick ranges widely from the colonizations of the Americas, through the thought of the European Enlightenment, and engages finally with contemporary arrogations of the 'global'. By extending his previous work on the origins of modernity, this book makes a significant contribution to continuing developments in law and society, legal philosophy, and jurisprudence.
Existing approaches to the relation of law and society have for a long time seen law as either autonomous or grounded in society. Drawing on untapped resources in social theory, Fitzpatrick finds law pivotally placed in and beyond modernity. Being itself of the modern, law takes impetus and identity from modern society and, through incorporating 'pre-modern' elements of savagery and the sacred, it comes to constitute that very society. When placing law in such a crucial position for modernity, Fitzpatrick ranges widely from the colonizations of the Americas, through the thought of the European Enlightenment, and engages finally with contemporary arrogations of the 'global'. By extending his previous work on the origins of modernity, this book makes a significant contribution to continuing developments in law and society, legal philosophy, and jurisprudence.
Principally, this book comprises a conceptual analysis of the illegality of a third-country national's stay by examining the boundaries of the overarching concept of illegality at the EU level. Having
In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's office. This two-volume wor
This book offers a legal analysis of the European Neighborhood Policy (ENP) as it applies to developing relations with the EU's neighbors in the East and South. It explores the legal aspects of this p
What is the form of government of the European Union (EU)? And how is the institutional governance of the Eurozone evolving? These questions have become pressing during the last few years. On the one
Respect for the 'rule of law' is, according to Article 2 of the Treaty on European Union, a value on which the Union is founded and a prerequisite for the accession of new Member States. However in so
Modern family life exhibits a huge variety of new forms. Legal responses to these new forms illustrate the continuing differences between European nations. Nonetheless, the Strasbourg Court has been i
Modern family life exhibits a huge variety of new forms. Legal responses to these new forms illustrate the continuing differences between European nations. Nonetheless, the Strasbourg Court has been i
The research monograph Equal Citizenship and Its Limits in EU Law: We the Burden is a critical study of the scope of EU citizenship as an 'equal status' of all Member State nationals. The book re-conc
The doctrine of modern law of the sea is commonly believed to have developed from Renaissance Europe. Often ignored though is the role of Islamic law of the sea and customary practices at that time. In this book, Hassan S. Khalilieh highlights Islamic legal doctrine regarding freedom of the seas and its implementation in practice. He proves that many of the fundamental principles of the pre-modern international law governing the legal status of the high seas and the territorial sea, though originating in the Mediterranean world, are not a necessarily European creation. Beginning with the commonality of the sea in the Qur'an and legal methods employed to insure the safety, security, and freedom of movement of Muslim and aliens by land and sea, Khalilieh then goes on to examine the concepts of the territorial sea and its security premises, as well as issues surrounding piracy and its legal implications as delineated in Islamic law.
The doctrine of modern law of the sea is commonly believed to have developed from Renaissance Europe. Often ignored though is the role of Islamic law of the sea and customary practices at that time. In this book, Hassan S. Khalilieh highlights Islamic legal doctrine regarding freedom of the seas and its implementation in practice. He proves that many of the fundamental principles of the pre-modern international law governing the legal status of the high seas and the territorial sea, though originating in the Mediterranean world, are not a necessarily European creation. Beginning with the commonality of the sea in the Qur'an and legal methods employed to insure the safety, security, and freedom of movement of Muslim and aliens by land and sea, Khalilieh then goes on to examine the concepts of the territorial sea and its security premises, as well as issues surrounding piracy and its legal implications as delineated in Islamic law.
