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Political Science and International Studies (R0)

Federico Lorenzo Ramaioli

Juridical Perspectives between Islam and the West

A Tale of Two Worlds

INTRODUCTION:THE WEST AND ISLAM: JURIDICAL CATEGORIES IN A TRANSITIONAL GLOBAL SCENARIO.- CHAPTER I: SOVEREIGNTY AND UNIVERSALISM AFTER WESTPHALIA .- CHAPTER II: THE LEVIATHAN AND THE CALIPH BETWEEN AUTHORITY AND LAW.- CHAPTER III: LAW, SHARĪʿA AND HUMAN REASON.- CHAPTER IV: SPIRITUAL COMMAND AND TEMPORAL RULE.-&amp;nbsp;&amp;nbsp;CHAPTER V: ENTERING INTO A DIALOG: FROM THEORY TO PRACTICE.- CONCLUSION: NEW JURIDICAL INSTRUMENTS FOR A NEW WORLD.

This book explores the intricate terrain of international religious freedom discourse. It examines the evolution and controversies surrounding the formulation and interpretation of the freedom of religion or belief as a universal right within the United Nations. From legal and philosophical standpoints to the political dimensions of the subject, the book navigates through the complex terrain, shedding light on challenges to the universality and non-discriminatory implementation of this fundamental freedom. Beyond theoretical and legal debates, the study reveals how actors within the United Nations have 'defamed ' the freedom of religion or belief, reshaping its interpretation away from its original 1948 objectives. The book explores the dynamic interplay of postmodern views, legal intricacies, and political perspectives, contributing to a potential diminishment of the normative force of related legal provisions. It addresses critical topics including religious tolerance, blasphemy, defamation of religion, and apostasy, offering a comprehensive understanding of the evolving landscape of international human rights discourse. This is an indispensable resource for scholars, policymakers, and anyone seeking a profound insight into the challenges and transformations shaping the global pursuit of religious freedom.

A Historical and Conceptual Analysis of the United Nations

Defaming the Freedom of Religion or Belief

Governing AI is about getting AI right. Building upon AI scholarship in science and technology studies, technology law, business ethics, and computer science, it documents potential risks and actual harms associated with AI, lists proposed solutions to AI-related problems around the world, and assesses their impact. The book presents a vast range of theoretical debates and empirical evidence to document how and how well technical solutions, business self-regulation, and legal regulation work. It is a call to think inside and outside the box. Technical solutions, business self-regulation, and especially legal regulation can mitigate and even eliminate some of the potential risks and actual harms arising from the development and use of AI. However, the long-term health of the relationship between technology and society depends on whether ordinary people are empowered to participate in making informed decisions to govern the future of technology - AI included.

A Primer

Governing AI

The Future of Private Law

This seminal book develops a new perspective on the debate concerning the Europeanisation of private law.


The theory is both realistic, building on existing experience, and normative as it focuses on the future. It outlines 'good' Europeanisation in which legal sources can be used across borders; hence the free movement of legal ideas. At its core, is the analysis of the legal consequences of growing societal uncertainty and increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns around such a development, have to be addressed by transparent legal reasoning. 

The author masterfully illustrates how this can be achieved in decision-making across Europe, drawing on arguments which are both substantive and authoritative in nature. He shows how all legal actors, including decision-makers and scholars, are morally responsible for the choices made.

This is a fascinating intervention in the field of European private law by one of its leading authorities.

Towards a Dynamic Europeanisation of Private Law

Free Movement of Legal Ideas

Studies of the Oxford Institute of European and Comparative Law

The leading Spanish language treatise on the law on torts has now been translated into English, making it accessible to jurists, scholars and practitioners throughout the world. It addresses the central analytical questions in modern tort theory by reference to first principles, explaining how doctrinal tension has resulted from the law's evolution. The book also offers a theoretical framework for understanding and analysing the doctrines behind the main tort rules found in different jurisdictions, including their interrelationship and historical development. Steeped in Chilean legal doctrine and case law on torts, it also considers authorities from Britain, Germany, the USA, France and Spain. This is a magisterial and important work.

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition

This book discusses some of the most important issues facing administrative law and related doctrines. Leading public law scholars from across the common law world have contributed chapters to recognise the exceptional scholarship and career of Matthew Groves, Distinguished Professor at Deakin University, Australia. Over the last century, the power of the administrative state has grown immensely and the scope of administrative law as a field of inquiry has grown with it. This collection of essays provides an up-to-date analysis of some of the most important issues in administrative law in the 2020s, including: access to justice issues; the role, purpose and future of ombuds institutions and tribunals; government liability within and beyond judicial review; integrity bodies; 'lawfare'; the role of policies in government decisionmaking; and the tension between military and civilian systems of justice. These topics have been central to the work and career of Matthew Groves. Readers interested in public law - whether practitioners, researchers or students - will discover a wealth of engaging and thought-provoking considerations of the most topical current issues in administrative law by a selection of prominent academics.

Essays in Honour of Matthew Groves

Controlling the Administrative State

Hart Studies in European Criminal Law

Harmful AI-generated Content between Criminal Law and Digital Regulation

Addressing Deepfakes

Practical Insights

An Exploration of the SARFAESI Act

The Rule of Law in Context

This book investigates core legal-political cultural myths of the Australian nation by canvassing, challenging and recasting some of the well-understood debates around, and invocations of, 'the rule of law' in Australia. It foregrounds one of the most enduring and prominent manifestations of these debates: claims to state sovereignty and rule of law in a system that has an incoherent legal foundation in its intentional ignorance of, and arbitrary violence perpetrated against, First Nations, their people, their sovereignty and their law. It examines the claims and celebrations of colonial rule of law achievements; constitutional rule of law protections; and the rule of law as tool to delineate and circumscribe the role of judges in the State. It presents a survey of the constitutional and legal principles and institutions and explores the socio-political aspects of rule of law in the country and how rule of law is experienced. With a focus on the legacy of the treatment of First Nations people, the book looks at how the Australia's rule of law institutions and machinery continue to exclude and fail vulnerable, marginalised and publicly reviled groups. Exploring these arguments through historical and contemporary case studies, including native title negotiations, anti-terrorism regimes, the government's response to the COVID-19 pandemic, the push for constitutional enshrinement of a First Nations Voice, and the Royal Commission into the government's 'Robodebt' inquiry, this book shows the inescapable messiness of rule of law in Australia as a legal and political concept, instrumentalised and weaponised across its history.

Living in the Long Shadow of Colonialism

The Rule of Law in Australia

Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in where nothing else has been agreed or provided. The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including: - behavioural aspects and the role of platform terms in the digital age; - the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law; - a comparison between Common law and Civilian approaches as well as the EU level; - the perspectives of different 'players' engaged in the generation and application of default rules.

Default Rules in Private Law

This book is the first of its kind to provide a comprehensive, contextualized and current account of China's development and regulation of cross-border listings. As the world's second-largest economy, it is crucial to understand how China regulates the overseas listing of its companies and the opening up of its capital market to foreign companies, particularly at a time of ongoing and escalating geopolitical tensions. Offering an up-to-date account of the subject, Professor Huang enables readers to gain a holistic and accurate understanding in this area. Providing a contextualized and practical analysis of the subject from a Chinese perspective, he explains not only what the law is but also why the law is the way that it is fundamentally. The book also examines the political, economic and social factors shaping the institutional context in which the law operates, assisting readers in understanding the reasons behind past regulatory actions and predicting future regulatory developments.

Policies, Practices and Prospects

China's Development and Regulation of Cross-border Listings

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would lead to improved arbitral award enforcement in the MENA.

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would leadto improved arbitral award enforcement in the MENA.

A Model Harmonised International Arbitration Law Code for the Middle East and North Africa

Landmark Cases

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

Juridical Perspectives between Islam and the West

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