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A Common Justice
InA Common JusticeUriel I. Simonsohn examines the legislative response of Christian and Jewish religious elites to the problem posed by the appeal of their coreligionists to judicial authorities outside their communities. Focusing on the late seventh to early eleventh centuries in the region between Iraq in the east and present-day Tunisia in the west, Simonsohn explores the multiplicity of judicial systems that coexisted under early Islam to reveal a complex array of social obligations that connected individuals across confessional boundaries. By examining the incentives for appeal to external judicial institutions on the one hand and the response of minority confessional elites on the other, the study fundamentally alters our conception of the social history of the Near East in the early Islamic period.
Contrary to the prevalent scholarly notion of a rigid social setting strictly demarcated along confessional lines, Simonsohn's comparative study of Christian and Jewish legal behavior under early Muslim rule exposes a considerable degree of fluidity across communal boundaries. This seeming disregard for religious affiliations threatened to undermine the position of traditional religious elites; in response, they acted vigorously to reinforce communal boundaries, censuring recourse to external judicial institutions and even threatening transgressors with excommunication.
eBook
Islam and English Law
Former Archbishop of Canterbury Rowan Williams triggered a storm of protest when he suggested that some accommodation between British law and Islam's shari'a law was 'inevitable'. His foundational lecture introduced a series of public discussions on Islam and English Law at the Royal Courts of Justice and the Temple Church in London. This volume combines developed versions of these discussions with new contributions. Theologians, lawyers and sociologists look back on developments since the Archbishop spoke and forwards along trajectories opened by the historic lecture. The contributors provide and advocate a forward-looking dialogue, asking how the rights of all citizens are honoured and their responsibilities met. Twenty specialists explore the evolution of English law, the implications of Islam, shari'a and jihad and the principles of the European Convention on Human Rights, family law and freedom of speech. This book is for anyone interested in the interaction between religion and secular society.
eBook
Wars of Law
In Wars of Law , Tanisha M. Fazal assesses the
unintended consequences of the proliferation of the laws of war for
the commencement, conduct, and conclusion of wars over the course
of the past one hundred fifty years.
Fazal outlines three main arguments: early laws of war favored
belligerents, but more recent additions have constrained them; this
shift may be attributable to a growing divide between lawmakers and
those who must comply with international humanitarian law; and
lawmakers have been consistently inattentive to how rebel groups
might receive these laws. By using the laws of war strategically,
Fazal suggests, belligerents in both interstate and civil wars
relate those laws to their big-picture goals.
Why have states stopped issuing formal declarations of war? Why
have states stopped concluding formal peace treaties? Why are civil
wars especially likely to end in peace treaties today? In
addressing such questions, Fazal provides a lively and intriguing
account of the implications of the laws of war.
eBook
Crossing Borders
The increasing mobility of people leads to the worldwide circulation of documents that record the personal status of people (e.g.birth, marriage, death).The recognition of these documents traditionally belongs to the field of private international law.
eBook
