The Mainstay, Concerning Jurisprudence

The Mainstay, Concerning Jurisprudence PDF Author: Muwaffaq ad-Din Ibn Qudama al-Maqdisi
Publisher:
ISBN: 9781882216246
Category : Hanbalites
Languages : en
Pages : 350

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The Mainstay, Concerning Jurisprudence

The Mainstay, Concerning Jurisprudence PDF Author: Muwaffaq ad-Din Ibn Qudama al-Maqdisi
Publisher:
ISBN: 9781882216246
Category : Hanbalites
Languages : en
Pages : 350

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Book Description


Lectures on the Early History of Institutions

Lectures on the Early History of Institutions PDF Author: Henry Sumner Maine
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 458

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The UN Convention on the Rights of Persons with Disabilities in Practice

The UN Convention on the Rights of Persons with Disabilities in Practice PDF Author: Lisa Waddington
Publisher: Oxford University Press
ISBN: 0191090239
Category : Law
Languages : en
Pages : 650

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Book Description
Introduced in 2008, the UN Convention on the Rights of Persons with Disabilities has existed for nearly a decade. This comprehensive study examines how courts in thirteen different jurisdictions make use of the Convention. The first sustained comparative international law analysis of the CRPD, Waddington and Lawsons ground breaking text illuminates the intersection between human rights law, disability law and international law through an examination of the role of courts. The first part of the book contains chapters specific to each jurisdiction. The second part consists of comparative chapters which draw on the rich analysis of the jurisdiction-specific chapters. These chapters reflect on emerging patterns of judicial usage and interpretation of the CRPD and on the wider implications for human rights theory and the nascent field of international comparative human rights law. This volume is a vital and thought-provoking addition to the literature on comparative international law and disability rights.

Social Rights Jurisprudence

Social Rights Jurisprudence PDF Author: Malcolm Langford
Publisher: Cambridge University Press
ISBN: 1139473980
Category : Political Science
Languages : en
Pages : 705

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Book Description
In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.

The Journal Jurisprudence, Vol 1

The Journal Jurisprudence, Vol 1 PDF Author: Adam MacLeod
Publisher: The Elias Clark Group
ISBN: 0980522420
Category :
Languages : en
Pages : 84

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Doing Austin Justice

Doing Austin Justice PDF Author: Wilfrid Rumble
Publisher: A&C Black
ISBN: 1847141447
Category : Philosophy
Languages : en
Pages : 282

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Book Description
Austin was an towering presence in 19th-century English jurisprudence, and many of his ideas remain viable today. They include his conception of analytical jurisprudence, his sharp distinction between law and morality, and his utilitarian theory of resistance to government. Yet he has always had his critics and they have become ever shriller in the last 50 years. If it is not a requirement of political correctness to belittle his ideas, the tendency to do so is widespread. Critics often dismiss Austin with a wave of the hand, or reduce his jurisprudence to a few of his ideas, such as his conception of law as a command or his notion of a legally unlimited sovereign. Whatever approach is taken, Austin's doctrines tend to be abstracted from their historical context and vastly oversimplified. For example, the utilitarian ethical theories that he expounded in three of the six chapters of the only book that he published in his lifetime are usually ignored. Accordingly, there has been a failure to recognize the complexity and inner tensions of his legal philosophy. There is not one John Austin, but at least half-a-dozen. Nothing makes this clearer than the diverse responses to his work in the 19th century. Wilfrid E. Rumble's study thus fills a large gap in the literature about this important figure. It will be of substantial interest not only to historians of ideas, law, and the 19th century, but also to jurists, legal philosophers, and political theorists.

Legal Philosophy from Plato to Hegel

Legal Philosophy from Plato to Hegel PDF Author: Huntington Cairns
Publisher: JHU Press
ISBN: 1421433443
Category : Philosophy
Languages : en
Pages : 552

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Book Description
Originally published in 1949. Huntington Cairns identifies the views that major Western philosophers took on law, the problems they considered significant about law, and the nature of the solutions they proposed. This book develops ideas discussed in Cairns' Law and the Social Sciences (1935) and Theory of Legal Science (1941). The object of these three volumes is the same: to construct the foundation of a theory of law that is the necessary antecedent to a possible jurisprudence. The inventory of philosophers that Cairns examines includes Plato, Aristotle, Cicero, Aquinas, Hobbes, Spinoza, and Hegel.

Legal Authority in Premodern Islam

Legal Authority in Premodern Islam PDF Author: Fachrizal A. Halim
Publisher: Routledge
ISBN: 1317749189
Category : Religion
Languages : en
Pages : 151

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Book Description
Offering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yahyā b. Sharaf al-Nawawī, who is regarded as the chief contributor to the legal tradition known as the Shāfi'ī madhhab in traditional Muslim sources, named after Muhammad b. Idrīs al-Shāfi'ī (d. 204/820), the supposed founder of the school of law. Al-Nawawī’s legal authority is situated in a context where Muslims demanded to stabilize legal disposition that is consistent with the authority of the madhhab, since in premodern Islamic society, the ruling powers did not produce or promulgate law, as was the case in other, monarchic civilizations. Al-Nawawī’s place in the long-term formation of the madhhab is significant for many reasons but for one in particular: his effort in reconciling the two major interpretive communities among the Shāfi'ites, i.e., the tarīqas of the Iraqians and Khurasanians. This book revisits the history of the Shāfi'ī school in the pre-Nawawic era and explores its later development in the post-Nawawic period. Presenting a comprehensive picture of the structure of authority in Islamic law, specifically within the Shafi’ite legal tradition, this book is an essential resource for students and scholars of Islamic Studies, History and Law.

Lectures on the Early History of Institutions

Lectures on the Early History of Institutions PDF Author: Sir Henry Sumner Maine
Publisher:
ISBN:
Category : Anthropology
Languages : en
Pages : 434

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Lectures on the Early History of Institutions

Lectures on the Early History of Institutions PDF Author: Henry Sumner Maine
Publisher:
ISBN:
Category : Anthropology
Languages : en
Pages : 466

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Book Description