Abdul-Hakim al-Matroudi, visiting professor at the School of Oriental and African Studies, University of London, specialises in Islamic law, the Islamic Judicial system and Qur’anic Law. He has a specialist interest in Hanbali law and Ibn Taymiyyah. Recently published works include ‘The Hanbalī School of Law in the Light of Contemporary Western Studies’, ‘The Qur'an as a Source of Law: A Reassessment of Ahmad Ibn Hanbal's Use of the Qur'an as a Legal Source’, ‘Ibn Taymiyyah’s Evaluation of Istihsan in the Hanbali School of Law’, ‘Circumstantial Evidence and Legal Stratagems in Surat Yusuf’ and a study, annotation and translation of Ibn Taymiyyah’s treatise ‘Raf ‘ al-malam’

Кл.слова:
право

The Province of Jurisprudence Determined (1832) is a classic of nineteenth-century English jurisprudence, a subject on which Austin eventually had a profound impact. This edition includes the complete and unabridged text of the fifth (1885) and last edition. The comprehensive introduction discusses Austin's life, the main themes of his book, leading criticisms of his ideas, and recent interpretations of his legal philosophy. A bibliography and biographical synopses of the principal figures mentioned in the text are also included.

Кл.слова:
філософія права -- юриспруденція

This book defines and explains the operation of the defense of change of position in Anglo-Australian law. It is a widely accepted view that the defense is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. This work takes a different stance, arguing that the modern case law is best understood through an examination of its historical antecedents, placing the defense within its broader historical context and showing how its disputed features might be resolved. Part One of the book considers other, well-established defenses, shedding light on the change of position defense and laying the foundations for the examination of the defense in a manner consistent with the law as a whole, which is the task of Part Two of the book. In Part Two, the features of the defense are identified, examined, and clarified by reference to the change of position defense authorities, considerations of policy and principle and the lessons derived from the doctrines and defenses which were the subject of Part One.

Кл.слова:
законодавство

While we would like to believe that forensic science professionals are intrinsically ethical by nature, the reality is that these individuals have moral compasses as varied as those of any individual you may know. They confront ethical dilemmas every day, some with clear-cut protocols and others that frequently have no definitive answers. Ethics and the Practice of Forensic Science explores the range of ethical issues facing those who work in the field and highlights the complicated nature of ethical decision-making in this complex arena.

Кл.слова:
кримінал -- етика

Several chapters of this book have appeared elsewhere in previous versions. Chapter I contains material from "Hegel and the Crisis of Private Law," which appeared in 10 Cardozo Law Review (1989) and in Drucilla Cornell, Michel Rosenfeld, and David Gray Carlson, eds., Hegel and Legal Theory (New York: Routledge, 1991); Chapter II reworks material published in 4 Canadian Journal of Law and Jurisprudence (1991); Chapter III reworks and expands material published in 43 University of Toronto Law Journal (1993); Chapter V reworks and expands material published in Stephen Shute, John Gardner, and Jeremy Horder, eds., Action and Value in Criminal Law (Oxford: Clarendon Press, 1993); and Chapter VI contains material from "The Ideality of Difference: Toward Objectivity in Legal Interpretation," 11 Cardozo Law Review (1990). I thank the editors and publishers of these volumes for their permission to republish this material.

Кл.слова:
право

Everyone has some idea what lawyers do. And most people have at least heard of criminologists. But who knows what “law and society” is? A lawyer friend of mine, a really smart guy, asks me regularly, “What exactly do you people do?” Once when I was at the annual meeting of the Law and Society Association, my taxi driver was making the usual idle conversation and inquired what I was in town for. I told him I was attending the Law and Society Association’s annual meeting. His interest suddenly aroused, he turned to face me and asked with some urgency, “I’ve been wondering, when is the best time to plant a lawn?”

Кл.слова:
юриспруденція -- законодавство -- держава

This book describes the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force. It synthesizes a vast amount of current Cassirer-literature and makes a contribution to jurisprudence. The book is the first systematic elaboration on law as a symbolic form and it sheds new light on a still dark area of intellectual and jurisprudential thought.

Кл.слова:
закон

In this book, legal scholars, philosophers, historians, and political scientists from Australia, Canada, New Zealand, the United Kingdom, and the United States analyze the common law through three of its classic themes: rules, reasoning, and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process, and structure. It will be valuable to lawyers, philosophers, political scientists, and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts, and the relationship of the common law tradition to other legal systems of the world.

Кл.слова:
право

An Introduction to Rights is the only accessible and readable introduction to the history, logic, moral implications, and political tendencies of the idea of rights. It is organized chronologically and discusses important historical events such as the French Revolution. It deals with historical figures, including Grotius, Paley, Hobbes, Locke, Bentham, Burke, Godwin, Mill, and Hohfeld, and covers contemporary debates, including consequentialism versus contractualism. Rights come in various types – human, moral, civil, political, and legal – and claims about who has a right, and to what, are often contested.What are rights? Are they timeless and universal, or merely conventional? How are they related to other morally significant values, such as well-being, autonomy, and community? Can animals have rights? Or fetuses? Do we have a right to do as we please so long aswe do not harmothers? ProfessorWilliam A. Edmundson addresses these issues from both philosophical and legal perspectives.

Кл.слова:
правознавство -- юриспруденція

SEX, MORALITY, AND THE LAW, edited by Lori Gruen and George E. Panichas, is an interesting and innovative contribution to interdisciplinary literature focusing on the intersection of law and society. In this volume, the editors define the topical subject, "sex," to include same-sex activity, commercial sexual encounters, reproductive decisions, and sexual self-determination. Their primary concern is to produce a counterbalance to the irrational, contentious, and contradictory public discourse generated by a society all but saturated by sex. They seek to do by presenting "calmer, more careful assessments of matters of intimate concern".

Кл.слова:
суспільство -- відносини

Studies in Legal Logic is a collection of nine interrelated papers about the logic, epistemology and ontology of law. All of the papers were written after the publication of the author’s Reasoning with Rules and supplement the issues addressed therein. Some of the papers are new; others have been revised substantially after the publication of their original versions. The emphasis is on analysis, not on logical technicalities. Studies in Legal Logic contains chapters about the nature of norms, the role of coherence in the law, the nature of defeasibility, the role of dialectics in law and artificial intelligence, the statics and dynamics of the law, and the consistency of rules. Moreover, it contains a new, simplified and yet more powerful version of Reason-based Logic and extensive examples of how it can be used for the analysis of legal reasoning. The examples deal with legal theory construction, case-based reasoning, and judicial proof.

Кл.слова:
право

This book explores the thesis that legal roles force people to engage in moral combat, an idea that is implicit in the assumption that citizens may be morally required to disobey unjust laws, while judges may be morally required to punish citizens for civil disobedience. Heidi Hurd advances the surprising argument that the law cannot require us to do what morality forbids. Moral Combat is a sophisticated, well-conceived and carefully argued book on a very important and controversial topic at the junction between legal and political philosophy. It will be of interest to moral, legal, and political philosophers, as well as teachers and students of professional ethics in law.

Кл.слова:
закон -- мораль

International and supranational integration on the European continent, as well as the harmonisation of the rules of international trade and the accompanying development and global popularity of the resolution of commercial disputes through arbitration, constantly exerts a considerable influence on modern legal systems. The sources of each of these phenomena are different, and their action is dissimilar. Each can be described as reaching either from the top to the bottom, through the direct involvement of interested states and consequently affecting their internal legal systems (international and supranational integration; harmonisation of trade regulations through public international law instruments), or bottom-up, as a result of activity by private parties, leading to the achievement of uniform practices and standards (arbitration, lex mercatoria). Nonetheless, they both enrich national legal cultures and contribute to transgressing the limits of national (local) particularisms in creating, interpreting and applying the law.

Кл.слова:
європейський закон -- юриспруденція