The Continuity Of Legal Systems In Theory And Practice

Author: Benjamin Spagnolo
Publisher: Bloomsbury Publishing
ISBN: 1849468842
Size: 32.59 MB
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The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems, both before and after Federation.

Pure Theory Of Law

Author: Hans Kelsen
Publisher: Univ of California Press
ISBN: 9780520036925
Size: 23.86 MB
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Security Science

Author: Clifton Smith
Publisher: Butterworth-Heinemann
ISBN: 0123947855
Size: 37.97 MB
Format: PDF, Mobi
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Security Science integrates the multi-disciplined practice areas of security into a single structured body of knowledge, where each chapter takes an evidence-based approach to one of the core knowledge categories. The authors give practitioners and students the underlying scientific perspective based on robust underlying theories, principles, models or frameworks. Demonstrating the relationships and underlying concepts, they present an approach to each core security function within the context of both organizational security and homeland security. The book is unique in its application of the scientific method to the increasingly challenging tasks of preventing crime and foiling terrorist attacks. Incorporating the latest security theories and principles, it considers security from both a national and corporate perspective, applied at a strategic and tactical level. It provides a rational basis for complex decisions and begins the process of defining the emerging discipline of security science. A fresh and provocative approach to the key facets of security Presentation of theories and models for a reasoned approach to decision making Strategic and tactical support for corporate leaders handling security challenges Methodologies for protecting national assets in government and private sectors Exploration of security’s emerging body of knowledge across domains

Law And Revolution

Author: Nimer Sultany
Publisher: Oxford University Press
ISBN: 0191081515
Size: 23.99 MB
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What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.

Non Germans Under The Third Reich

Author: Diemut Majer
Publisher: JHU Press
ISBN: 9780801864933
Size: 32.22 MB
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"Indispensable to any student of the New Order in Europe between 1939 and 1945." -- English Historical Review

An Introduction To Islamic Law

Author: Wael B. Hallaq
Publisher: Cambridge University Press
ISBN: 1139489305
Size: 75.40 MB
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The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

International Law As A Profession

Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 1107140390
Size: 57.13 MB
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"International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may in different contexts play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveal a bilateral process whereby, on the one hand, the professionalization of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalization of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law"--

Understanding The Nature Of Law

Author: Michael Giudice
Publisher: Edward Elgar Publishing
ISBN: 1784718815
Size: 37.17 MB
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Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of

Islamic Law And The Legal System Of Saud

Author: Frank E. Vogel
Publisher: BRILL
ISBN: 9789004110625
Size: 31.72 MB
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This volume offers an examination of the legal system of Saudi Arabia, not only for its own sake but also as a case study for insight into past and present Islamic legal systems.