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The Unfamiliar Abode: Islamic Law in the United States and Britain

Kathleen Moore

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195387810
eISBN:
9780199777242
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387810.001.0001
Subject:
Religion, Islam

Today there are more Muslims living in diaspora than at any time in history. This situation was not envisioned by Islamic law, which makes no provision for permanent as opposed to transient diasporic ... More


A Synthesis

Tariq Ramadan

in Radical Reform: Islamic Ethics and Liberation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195331714
eISBN:
9780191720987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195331714.003.0007
Subject:
Religion, Islam

This chapter presents a synthesis of discussions in the preceding chapters. It reviews the various classical schools of the fundamentals of usûl al-fiqh. It then proposes a new geography of the ... More


Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Michelle T. Grando

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199572649
eISBN:
9780191722103
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572649.001.0001
Subject:
Law, Public International Law

This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e., the process of ... More


Legality's Borders: An Essay in General Jurisprudence

Keith Culver and Michael Giudice

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.001.0001
Subject:
Law, Philosophy of Law

Analytical legal theories are increasingly sophisticated, yet their development is uneven. While admirably adapted to explaining the unitary law-state, they are poorly suited to characterizing new ... More


Challenging Acts of International Organizations Before National Courts

August Reinisch (ed.)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199595297
eISBN:
9780191595752
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595297.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

The challenging of acts of international organizations before national courts is the focus of this book. After the Kadi-hype following the 2008 European Court of Justice judgment, this book ... More


Introduction

Andrew Stewart Skinner

in A System of Social Science: Papers Relating to Adam Smith

Published in print:
1996
Published Online:
October 2011
ISBN:
9780198233343
eISBN:
9780191678974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198233343.003.0001
Subject:
Economics and Finance, Economic History

Following the publication of The Theory of Moral Sentiments, it appears that Adam Smith gave greater emphasis to jurisprudence and economics at the expense of the ethical material. While the lectures ... More


Political Jurisprudence

Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0001
Subject:
Political Science, Comparative Politics

This paper was originally published in the Kentucky Law Journal in 1964, and it is the first of two that elaborate a relatively general approach to judicial politics, which emphasizes the underlying ... More


In the Interest of the Governed: A Study in Bentham's Philosophy of Utility and Law

David Lyons

Published in print:
1991
Published Online:
October 2011
ISBN:
9780198239642
eISBN:
9780191679971
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198239642.001.0001
Subject:
Philosophy, Political Philosophy, History of Philosophy

Although known as the founder of modern utilitarianism and the source of analytical jurisprudence, Bentham today is infrequently read, but often caricatured. This book, based on a study of Bentham's ... More


Legal Rights

Pavlos Eleftheriadis

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545285
eISBN:
9780191719899
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545285.001.0001
Subject:
Law, Philosophy of Law

How can there be rights in law? We learn from moral philosophy that rights protect persons in a special way because they have peremptory force. But how can this aspect of practical reason be captured ... More


The Economics of Lawmaking

Francesco Parisi and Vincy Fon

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195374155
eISBN:
9780199871834
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374155.001.0001
Subject:
Law, Constitutional and Administrative Law

This book explores the relative advantages and limits of alternative sources of law. It views the sources of law through a law and economics lens, and considers the important issue of institutional ... More


On Law, Politics, and Judicialization

Martin Shapiro and Alec Stone Sweet

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.001.0001
Subject:
Political Science, Comparative Politics

Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy, and ... More


Dialogue With European States

Michael Banton

in International Action against Racial Discrimination

Published in print:
1996
Published Online:
November 2003
ISBN:
9780198280613
eISBN:
9780191598760
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198280610.003.0009
Subject:
Political Science, International Relations and Politics

More detailed consideration is given to CERD's jurisprudence on particular articles, such as the recommendation that Article 3 constitutes a general prohibition of racial segregation and not just of ... More


The European Court of Justice and the Evolution of EU Law

Gráinne de Búrca

in The State of the European Union, 6: Law, Politics, and Society

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199257409
eISBN:
9780191600951
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019925740X.003.0003
Subject:
Political Science, European Union

Considers the role that the European Court of Justice (ECJ) has played in the evolution of EU law, and places recent developments in the context of longer‐term trends in the jurisprudence of the ... More


The Challenge of Effective Implementation

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0004
Subject:
Political Science, Political Theory

Responds to critical claims that constitutionalising the right to an adequate environment would not be prudent due to difficulties making it justiciable and difficulties that could make success on ... More


Environmental Rights and Environmental Justice: A Global Perspective

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0007
Subject:
Political Science, Political Theory

The main question of this chapter is whether the constitutional enhancement of citizens’ environmental rights in affluent states might exacerbate the environmental problems of poorer nations. It is ... More


Institutionalized Reason: The Jurisprudence of Robert Alexy

Matthias Klatt (ed.)

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199582068
eISBN:
9780191739354
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199582068.001.0001
Subject:
Law, Philosophy of Law

This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy. The chapters explore the issues surrounding the ... More


Jurisprudence as Mirror

Kathleen M. Moore

in The Unfamiliar Abode: Islamic Law in the United States and Britain

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195387810
eISBN:
9780199777242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387810.003.0002
Subject:
Religion, Islam

This chapter provides a deconstruction of a British call for the formulation of an Islamic diasporic jurisprudence, in which juridical activity is proposed as a mirror. It begins with a review of ... More


Elaborating an Applied Islamic Ethics

Tariq Ramadan

in Radical Reform: Islamic Ethics and Liberation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195331714
eISBN:
9780191720987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195331714.003.0011
Subject:
Religion, Islam

This chapter shows how the new geography of the sources of law, and its consequences for spheres of authority, can take concrete shape in Muslim societies and communities, and particularly in the ... More


A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

J.W.F. Allison

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.001.0001
Subject:
Law, Comparative Law, Legal History

The development of an autonomous English public law has been accompanied by persistent problems — a lack of systematic principles, dissatisfaction with judicial review procedure, and uncertainty ... More


Imam ash‐Shâfi' î: The Deductive Approach

Tariq Ramadan

in Radical Reform: Islamic Ethics and Liberation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195331714
eISBN:
9780191720987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195331714.003.0004
Subject:
Religion, Islam

This chapter focuses on Imâm ash-Shâfi'î. Imâm ash-Shâfi'î developed a definition of Islamic law and jurisprudence (fiqh), which became a reference for specialists over and above the differences ... More


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