Documents  Cambridge University Press | enregistrements trouvés : 10

Présentation de l'éditeur : "The tension between blasphemy laws and the freedom of expression in modern times is a key area of debate within legal academia and beyond. With contributions by leading scholars, this volume compares blasphemy laws within a number of Western liberal democracies and debates the legitimacy of these laws in the twenty-first century. Including comprehensive and up-to-date comparative country studies, this book considers the formulation of blasphemy bans, relevant jurisprudential interpretations, the effect on society, and the ensuing convictions and penalties where applicable. It provides a useful historical analysis by discussing the legal-political rationales behind the recent abolition of blasphemy laws in some Western states. Contributors also consider the challenges to the tenability of blasphemy laws in a selection of well-balanced theoretical chapters. This book is essential reading for scholars working within the fields of human rights law, philosophy and sociology of religion, and comparative politics."

Présentation de l'éditeur :
Some of the most innovative scholars in the field of European constitutionalism highlight different facets of the new constitutional discussion. Provoking deep analysis of the different ideas of constitution and constitutionalism, their study delineates new ways of thinking about the future of Europe. In particular, it challenges the European Union as an evolving federal polity. This book will appeal to anyone interested in the subject of constitutionalism, students as well as professionals in law, politics and philosophy.

Présentation de l'éditeur :
oseph Weiler presents essays written during the 1990s on issues related to European constitutional law. In a series of highly accessible discussions concerning the legal framework of the European Communities and the European Union, Professor Weiler describes the gradual strengthening of transnational European institutions at the expense of national legislators. Although individuals as legal consumers have been empowered by Community law, he writes, this has been at the expense of their rights as citizens. The Constitution of Europe thus provides from a legal perspective a balanced and authoritative critique of the attractions and demerits of the goal of European integration.

Présentation de l'éditeur : " 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 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 territorial sea and its security premises, as well as issues surrounding piracy and its legal implications as delineated in Islamic law"

"Right of access to the sea has preoccupied ruling authorities and jurisconsults from the dawn of ancient civilization to the present day. The scant legal evidence reaching us from the biblical and ensuing periods suggests that nations bordering the sea - such as those of the Egyptians, Phoenicians, Minoans, Hittites, Philistines, and Assyrians - codified laws regulating navigation in adjacent waters, on rivers, and on the high seas, in addition to establishing regulations pertaining to fishing and access to ports. Despite their military supremacy on land and at sea, ancient Near Eastern empires neither claimed legal dominion over the high seas, in full or in part, nor denied other nations access to them. Dominion over the sea held a symbolic rather than a formal legal standing; it was de facto rather than de jure sovereignty. However, access of foreign vessels and merchants to internal waters was restricted, falling under the exclusive sovereignty of coastal states."

We can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the black-letter law of codes and statutes and probe the 'deeper structures' where law meets cultural, political, socio-economic factors. It is only when we acquire such awareness and knowledge of the critical factors affecting both the backgrounds and implications of rules that it becomes possible to control the present and possibly future developments of the world's legal institutions. This collection of essays aims to provide the reader with a fundamental understanding of the dynamic relationship between the law and its cultural, political and socio-economic context.
Contents

Editors' preface. Diapositives v. movies: the inner dynamics of the law and its comparative account: a companion M. Bussani and U. Mattei; Part I. Knowing Comparative Law: 1. Comparative law and neighbouring disciplines M. Reimann; 2. Political ideology and comparative law Duncan Kennedy; 3. Economic analysis and comparative law N. Garoupa and T. Ginsburg; 4. Comparative law and anthropology Lawrence Rosen; 5. Comparative law and language B. Pozzo; Part II. Comparative Law Fields: 6. Comparative studies in private law (insights from a European point of view) F. Werro; 7. Comparative administrative law F. Bignami; 8. Comparative constitutional law G. Frankenberg; 9. Comparative criminal justice E. Grande; 10. Comparative civil justice O. Chase and V. Varano; 11. Comparative law and the international organizations G. Bermann; Part III. Comparative Law in the Flux of Civilizations: 12. The East-Asian legal tradition T. Ruskola; 13. The Jewish legal tradition A. J. Jacobson and J. D. Bleich; 14. The Islamic legal tradition Khaled Abou El Fadl; 15. The Sub-Saharan legal tradition R. Sacco; 16. The Latin American and Caribbean legal tradition (repositioning Latin America and the Caribbean in the contemporary maps of comparative law) D. Lopez Medina; 17. Mixed legal systems V. Palmer; 18. Democracy and the Western legal tradition M. Bussani.
Contributors

M. Bussani, U. Mattei, M. Reimann, Duncan Kennedy, N. Garoupa, T. Ginsburg, Lawrence Rosen, B. Pozzo, F. Werro, F. Bignami, G. Frankenberg, E. Grande, O. Chase, V. Varano, G. Bermann, T. Ruskola, A. J. Jacobson, J. D. Bleich, Khaled Abou El Fadl, R. Sacco, D. Lopez Medina, V. Palmer.

(Présentation de l'éditeur)

This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to be critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory.

(Présentation de l'éditeur)