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Author: Charles Lincoln
Publisher: Rowman & Littlefield
ISBN: 179363226X
Category : Law
Languages : en
Pages : 285
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Book Description
This book aims to contribute a single idea – a new way to interpret legal decisions in any field of law and in any capacity of interpreting law through a theory called legal dialects. This theory of the dialectical path of law uses the Hegelian dialectic which compares and contrasts two ideas, showing how they are concurrently the same but separate, without the original ideas losing their inherent and distinctive properties – what in Hegelian terms is referred to as the sublation. To demonstrate this theory, Lincoln takes different aspects of international tax law and corporate law, two fields that seem entirely contradictory, and shows how they are similar without disregarding their key theoretical properties. Primarily focusing on the technical rules of the Organisation for Economic Co-operation and Development (OECD) approach to international tax law and the United States approach to tax law, Lincoln shows that both engage in the Hegelian dialectical approach to law.
Author: Charles Lincoln
Publisher: Rowman & Littlefield
ISBN: 179363226X
Category : Law
Languages : en
Pages : 285
Get Book Here
Book Description
This book aims to contribute a single idea – a new way to interpret legal decisions in any field of law and in any capacity of interpreting law through a theory called legal dialects. This theory of the dialectical path of law uses the Hegelian dialectic which compares and contrasts two ideas, showing how they are concurrently the same but separate, without the original ideas losing their inherent and distinctive properties – what in Hegelian terms is referred to as the sublation. To demonstrate this theory, Lincoln takes different aspects of international tax law and corporate law, two fields that seem entirely contradictory, and shows how they are similar without disregarding their key theoretical properties. Primarily focusing on the technical rules of the Organisation for Economic Co-operation and Development (OECD) approach to international tax law and the United States approach to tax law, Lincoln shows that both engage in the Hegelian dialectical approach to law.
Author: John Cerullo
Publisher: Lexington Books
ISBN: 1498565905
Category : Law
Languages : en
Pages : 325
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Book Description
At this juncture in American history, some of our most hard-fought state-level political struggles involve control of state supreme courts. New Hampshire witnessed one of the most dramatic of these, culminating in the impeachment of Chief Justice David Brock in 2000, but the issues raised by the case are hardly confined to New Hampshire. They involved the proper nature and operation of judicial independence within a “populist” civic culture that had long assumed the primacy of the legislative branch, extolled its “citizen legislators” over insulated and professionalized elites, and entrusted those legislators to properly supervise the judiciary. In the last few decades of the 20th Century, New Hampshire’s judiciary had been substantially reconfigured: constitutional amendments and other measures endorsed by the national judicial-modernization movement had secured for it a much higher level of independence and internal unification than it had historically enjoyed. However, a bipartisan body of legislators remained committed to the principle of legislative supremacy inscribed in the state constitution of 1784. The 1980s and 1990s witnessed a series of clashes over court administration, allegations of judicial corruption, and finally a bitter and protracted battle over Court decisions on educational funding. Chief Justice Brock publicly embodied the judicial branch's new status and assertiveness. When information came to light regarding some of his administrative actions on the high court, deepening antipathy toward him exploded into an impeachment crisis. The struggle over Brock’s conduct raised significant questionsabout the meaning and proper practice of impeachment itself as a feature of democratic governance. When articles of impeachment were voted by the House of Representatives, the state Senate faced the difficult task of establishing trial protocols that would balance thepolitical and juridical responsibilities devolved on them, simultaneously, by the state constitution.Having struck that balance, the trial they conducted would finally acquit Brock of all charges. Nevertheless, David Brock’s impeachment was a highly consequential ordeal that provided a needed catalyst for reforms intended to produce a productive recalibration of legislative-judicial relations.
Author: Paul Moke
Publisher: Lexington Books
ISBN: 1498520146
Category : Law
Languages : en
Pages : 407
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Book Description
Earl Warren and the Strugglefor Justice explores the remarkable life of one of the leading public figures and jurists of twentieth century America. Based on newly available source materials, it traces Warren’s progressive vision of government from its origins in the fight against urban corruption in Oakland, California during the 1930s to its culmination in the effort to professionalize public school administration, law enforcement, and the management of the electoral process under the auspices of the U.S. Constitution. Although Warren’s major social justice decisions strengthened democracy at a crucial juncture in American and world history, in times of crisis his excessive deference to national security officials sometimes jeopardized other core human rights, as shown in his approaches to the Japanese internment and the investigation into the assassination of President John Kennedy. The book offers accessible and fresh insights into the dynamics of the Supreme Court and the accomplishments of Earl Warren, the man, jurist, and political leader.
Author: Cheikh Anta Babou
Publisher: Ohio University Press
ISBN: 0821442570
Category : History
Languages : en
Pages : 319
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Book Description
In Senegal, the Muridiyya, a large Islamic Sufi order, is the single most influential religious organization, including among its numbers the nation’s president. Yet little is known of this sect in the West. Drawn from a wide variety of archival, oral, and iconographic sources in Arabic, French, and Wolof, Fighting the Greater Jihad offers an astute analysis of the founding and development of the order and a biographical study of its founder, Cheikh Ahmadu Bamba Mbakke. Cheikh Anta Babou explores the forging of Murid identity and pedagogy around the person and initiative of Amadu Bamba as well as the continuing reconstruction of this identity by more recent followers. He makes a compelling case for reexamining the history of Muslim institutions in Africa and elsewhere in order to appreciate believers’ motivation and initiatives, especially religious culture and education, beyond the narrow confines of political collaboration and resistance. Fighting the Greater Jihad also reveals how religious power is built at the intersection of genealogy, knowledge, and spiritual force, and how this power in turn affected colonial policy. Fighting the Greater Jihad will dramatically alter the perspective from which anthropologists, historians, and political scientists study Muslim mystical orders.
Author: Paul H. Robinson
Publisher: Rowman & Littlefield
ISBN: 1538102021
Category : Social Science
Languages : en
Pages : 405
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Book Description
Can crime make our world safer? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes “trigger” improvement in our lives. Crimes That Changed Our World explores some of the most important trigger cases of the past century, revealing much about how change comes to our modern world. The exact nature of the crime-outrage-reform dynamic can take many forms, and Paul and Sarah Robinson explore those differences in the cases they present. Each case is in some ways unique but there are repeating patterns that can offer important insights about what produces change and how in the future we might best manage it. Sometimes reform comes as a society wrestles with a new and intolerable problem. Sometimes it comes because an old problem from which we have long suffered suddenly has an apparent solution provided by technology or some other social or economic advance. Or, sometimes the engine of reform kicks into gear simply because we decide as a society that we are no longer willing to tolerate a long-standing problem and are now willing to do something about it. As the amazing and often touching stories that the Robinsons present make clear, the path of progress is not just a long series of course corrections; sometimes it is a quick turn or an unexpected lurch. In a flash we can suddenly feel different about present circumstances, seeing a need for change and can often, just as suddenly, do something about it. Every trigger crime that appears in Crimes That Changed Our World highlights a societal problem that America has chosen to deal with, each in a unique way. But what these extraordinary, and sometime unexpected, cases have in common is that all of them describe crimes that changed our world.
Author: Nuruddin Farah
Publisher:
ISBN:
Category : Fiction
Languages : en
Pages : 216
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Book Description
Farah's landmarkVariations on the Theme of an African Dictatorship trilogy is comprised by the novels Sweet and Sour Milk, Sardines, and Close Sesame. In this volume, the third and final book in the series, the characters are deeply entwined in the waking nightmare of a police state. An old man finds himself poised in mortal combat with an elusive and cunning enemy in an atmosphere where the distinction between public and private justice is always obscured. Close Sesame is a novel that offers "an eloquent indictment of the tyrannies committed both under Islamic law and in the name of Socialism" (The Observer).
Author: E. Mirmotahari
Publisher: Springer
ISBN: 0230119298
Category : Literary Criticism
Languages : en
Pages : 392
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Book Description
This study of the sub-Saharan African novel interprets representations of Islam as a central organising presence that generates new conceptual questions and demands new critical frameworks with which to approach categories like nationhood, race, diaspora, immigration, and Africa's multiple colonial pasts.
Author: Michael Cooperson
Publisher: Cambridge University Press
ISBN: 9781139426695
Category : History
Languages : en
Pages : 256
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Book Description
Pre-modern Arabic biography has served as a major source for the history of Islamic civilization. In this 2000 study exploring the origins and development of classical Arabic biography, Michael Cooperson demonstrates how Muslim scholars used the notions of heirship and transmission to document the activities of political, scholarly and religious communities. The author also explains how medieval Arab scholars used biography to tell the life-stories of important historical figures by examining the careers of the Abbasid Caliph al- Ma'mun, the Shiite Imam Ali al-Rida, the Sunni scholar Ahmad Ibn Hanbal and the ascetic Bishr al-Hafi, each of whom represented a tradition of political and spiritual heirship to the Prophet. Drawing on anthropology and comparative religion, as well as history and literary criticism, the book considers how each figure responded to the presence of the others and how these responses were preserved by posterity.
Author: Franz Rosenthal
Publisher: Brill Archive
ISBN:
Category :
Languages : en
Pages : 582
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Book Description
Author: Fred McGraw Donner
Publisher: Darwin Press, Incorporated
ISBN:
Category : History
Languages : en
Pages : 384
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Book Description
Donner (Near Eastern history, Oriental Institute and U. of Chicago) challenges the scholarly assumption that the earliest Muslim believers wanted to write history out of "idle curiosity" and suggests that Islamic historical tradition resulted from a variety of challenges facing the community during the seventh to tenth centuries, C.E. He identifies the intellectual context in which Muslims began to think and write historically; sketches the issues, themes, and forms of the early Islamic historiographical tradition; considers the value of some radically revisionist interpretations of early Islam that have appeared in the past 20 years; and discusses the problem of sources in studying Islamic origins. Annotation copyrighted by Book News, Inc., Portland, OR
