-PDF Download- Examining Practice Interrogating Theory EBOOK

Examining Practice, Interrogating Theory

Author: Penelope (Pip). Nicholson

Publisher: BRILL

Published: 2008

Total Pages: 369

ISBN-13: 9004165185

Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to "Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia" analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.

Routledge Handbook of Asian Law

Author: Christoph Antons

Publisher: Taylor & Francis

Published: 2016-11-03

Total Pages: 447

ISBN-13: 1317337409

DOWNLOAD EBOOK →

Law and legal institutions in East Asia's high-growth episodes -- Conclusion: East Asia, law and development, and today's developing countries -- Chapter 4: A new China model for the era post global financial crisis: Legal dimensions -- Introduction -- The East Asian model, its progeny and their problems -- The emerging post Washington, post Beijing consensus (PWBC) -- Implications of the PWBC for the China model -- The decision in light of the PWBC -- The implications of the decision for legal reforms -- Conclusion

Crime and Punishment in Islamic Law

Author: Mohammad Hashim Kamali

Publisher: Oxford University Press, USA

Published: 2019

Total Pages: 465

ISBN-13: 019091064X

DOWNLOAD EBOOK →

In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.

Critical Perspectives on the Responsibility to Protect

Author: Philip Cunliffe

Publisher: Taylor & Francis

Published: 2011-03-31

Total Pages: 161

ISBN-13: 1136848460

DOWNLOAD EBOOK →

This edited volume critically examines the widely supported doctrine of the 'Responsibility to Protect', and investigates the claim that it embodies progressive values in international politics. Since the United Nations World Summit of 2005, a remarkable consensus has emerged in support of the doctrine of the ‘responsibility to protect’ (R2P) – the idea that states and the international community bear a joint duty to protect peoples around the world from mass atrocities. While there has been plenty of discussion over how this doctrine can best be implemented, there has been no systematic criticism of the principles underlying R2P. This volume is the first critically to interrogate both the theoretical principles and the policy consequences of this doctrine. The authors in this collection argue that the doctrine of R2P does not in fact embody progressive values, and they explore the possibility that the R2P may undermine political accountability within states and international peace between them. This volume not only advances a novel set of arguments, but will also spur debate by offering views that are seldom heard in discussions of R2P. The aim of the volume is to bring a range of criticisms to bear from a variety of disciplinary perspectives, including international law, political science, IR theory and security studies. This book will be of much interest to students of the Responsibility to Protect, humanitarian intervention, human security, critical security studies and IR in general.

Refugee Protection and the Role of Law

Author: Susan Kneebone

Publisher: Routledge

Published: 2014-06-27

Total Pages: 367

ISBN-13: 1135046905

DOWNLOAD EBOOK →

Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?

Searching for the Just City

Author: Peter Marcuse

Publisher: Routledge

Published: 2009-05-29

Total Pages: 285

ISBN-13: 1135971412

DOWNLOAD EBOOK →

If today’s cities are full of injustices, what would a 'Just City' look like? Contributors to this volume including David Harvey, Peter Marcuse and Susan Fainstein define the concept, examining it from multiple angles in addition to questioning it and suggesting alternatives.

An Ethics of Interrogation

Author: Michael Skerker

Publisher: University of Chicago Press

Published: 2010-04-12

Total Pages: 269

ISBN-13: 0226761630

DOWNLOAD EBOOK →

The act of interrogation, and the debate over its use, pervades our culture, whether through fictionalized depictions in movies and television or discussions of real-life interrogations on the news. But despite daily mentions of the practice in the media, there is a lack of informed commentary on its moral implications. Moving beyond the narrow focus on torture that has characterized most work on the subject, An Ethics of Interrogation is the first book to fully address this complex issue.In this important new examination of a controversial subject, Michael Skerker confronts a host of philosophical and legal issues, from the right to privacy and the privilege against compelled self-incrimination to prisoner rights and the legal consequences of different modes of interrogation for both domestic criminal and foreign terror suspects. These topics raise serious questions about the morality of keeping secrets as well as the rights of suspected terrorists and insurgents. Thoughtful consideration of these subjects leads Skerker to specific policy recommendations for law enforcement, military, and intelligence professionals.

Voices of Practice

Author: Sean Michael Morris

Publisher:

Published: 2021-03-14

Total Pages: 238

ISBN-13: 9780578868837

DOWNLOAD EBOOK →

Not everyone has had a straight and narrow path into academia. Many higher education teachers, in fact, were professionals before they became part of the university or college where they work; and many keep one foot in both worlds even while they teach. Especially in programs designed to support students in a field of practice (education, nursing, and others), teachers find that being an academic or a scholar is supplementary to being a professional. And yet the demands of scholarship remain a component of their academic work-research, publishing, and the rest.Inspired by scholarly narratives like those from Ruth Behar, bell hooks, Jonathan Kozol, and others, Voices of Practice inspects, interrupts, questions, and reconstructs what it means to be a scholar, using deeply personal reflections, poignant vignettes, and carefully examined timelines of intellectual and professional development. This volume features educators who may not at first call themselves "academics" and who have focused their careers on the practice rather than the publishing of scholarship.

Yearbook of Islamic and Middle Eastern Law, Volume 13 (2006-2007)

Author: Eugene Cotran

Publisher: Yearbook of Islamic and Middle

Published: 2008-12

Total Pages: 514

ISBN-13: 9789004168626

DOWNLOAD EBOOK →

Practitioners and academics dealing with the Middle East can turn to the Yearbook of Islamic and Middle Eastern Law for an instant source of information on the developments over an entire year in the region. The Yearbook covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries. The publication's practical features include: - articles on current topics, - country surveys reflecting important new legislation and amendments to existing legislation per country, - the text of a selection of documents and important court cases, - a Notes and News section, and - book reviews.