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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.

The Rule of Law in Context

This book presents an account of how the rule of law in Thailand has developed through history as well as how it is perceived by different segments of society. It is the first volume on Thailand's rule of law written in English by Thai scholars having first-hand experience in its development in the past three decades. To outsiders, the nature and operation of the rule of law in Thailand expose an array of ambivalences and paradoxes. Despite being one of the first Asian countries to adopt a constitutional democracy, democratisation remains a far-off dream. Though having consistently proclaimed itself to be a staunch advocate of democracy and human rights, the Kingdom has been rife and stifled with military coups, massacres, and pervasive corruption. The story becomes even more complex with regard to the status of its monarchy. Against the practice of royally-endorsed coups, the Thai King is however praised as the sinew of rule-of-law development. Between the struggle of a progressive, pro-democracy movement and the royalist-conservative alliance, 'Rule of Law' becomes a buzzword around which both parties contest. In addition to its perplexing image, an attempt to understand Thailand's rule of law is further crippled by language barrier, with neologisms competing for selection - nitirath and nititham.

The Rule of Law in Thailand

How and why do the rule of law ideas shape the origins and functioning of the Russian state and society? 

This book explores how, over two centuries, the Russian meaning of the rule of law has been reflected in the legal doctrine, legislation, formal and informal practices of legal and political institutions, and also everyday life and the perceptions of Russian citizens at large and certain minority groups. 

The authors argue that legal dualism – the tension between constitutionalism and political expediency – explains the rise and fall of multiple ways in which the parts of the Russian state interact with each other and with citizens, and in which citizens and businesses interact among themselves both at home and abroad. 

Explaining the peaceful co-existence of these multiple ways of law, this book goes beyond the mainstream accounts of instrumental uses of law and lawlessness in Russia and offers novel ways of understanding the myriad ways in which law may matter in authoritarian regimes.

Power of Rulers, Power of Rules: Russia’s Legal Dualism in Action

The Rule of Law in Russia

Qizhen Humanities and Social Sciences Library

This seminal work establishes the digital rule of law as the fundamental trajectory for social governance and legal transformation in the digital era. Guided by the vision of "empowering the rule of law through digital technologies while anchoring digital development within legal frameworks," the Digital Law Research Team at Zhejiang University presents pioneering research in this book.

Practice and Reform

Digital Rule of Law

Modern Studies in European Law

This collection explores the cooperation between the European Union and the Nordic states.

It tracks its evolution from informal arrangements to highly legalised arrangements. Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures. Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective. Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship.

This collection explores the cooperation between the European Union and the Nordic states.

It tracks its evolution from informal arrangements to highly legalised arrangements. Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures. Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective. Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship.

50 Years of Legal Integration

Nordic Cooperation and the European Union

This open access book establishes an interpretative framework by means of a functionalist-originalist reading of EU law and comparative federalism, in particular US constitutional law. The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU's current constitutional challenges. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Provides an exciting new statement on how best to understand the current constitutional crisis faced by the EU by drawing on comparative federalism.

A Comparative Perspective

The Diagonality Problem of the EU Rule of Law

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.

The Foundations of Tort Law in the Civilian Tradition

Hart Studies in Constitutional Theory

This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, 'othering' and cultural specificity. Main pillars of 'convergent constitutional theory' are rooted in the revolutionary, late-eighteenth century - a lost world; constitutional arrangements that deviate from the paradigm are often branded as 'outliers' or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing and explaining constitutional systems it is far from ideal. This book discusses and questions: convergent theory's weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the 'sovereignty of the people'; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of 'rights' with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of 'democracy'. It makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.

The Distorting Lens of Convergent Constitutional Theory

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

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 groundbreaking book explores the dynamic intersections between religion as a cultural-theological construct and intellectual property as the legal framework governing creativity and innovation. Featuring contributions from over 30 leading scholars, the book examines how IP law regulates religious subject matter-sacred symbols, texts, music-and how religious traditions shape and are shaped by contemporary issues in IP law. From Islamic perspectives on trademark law to Jewish analyses of copyright and Confucian views on IP law, the book provides a multicultural lens on the interplay between faith, law, and commerce. A critical resource for IP scholars, ethnographers, theologians, and policymakers, this book offers fresh insights into the global and interdisciplinary dimensions of intellectual property, enriching both academic discourse and practice.

Cross-Cultural Intersections of Faith and Law

Intellectual Property and Religion

This volume is the first in-depth collection to explore the impact of language on the field of comparative constitutional law. It addresses the epistemological and conceptual implications of English as the lingua franca. In this regard, it considers the global influence of Anglophone jurisdictions in orienting the discourse through the identification of concepts, designs and ideas that warrant engagement and exploration outside of those origin jurisdictions. In doing so, the book underscores that language is not a neutral device but can produce hegemonic pressures and expectations. It further makes the role of language in conducting comparative constitutional law explicit, so that its users can be more deliberate in their selection of foreign materials and are made conscious of the limitations of their findings due to language barriers. The book calls for a reckoning with the rich constitutional vocabulary that non-Anglophone jurisdictions have to offer to ensure a more holistic approach to the creation of knowledge. It also emphasises the need for the contextualised study of constitutional phenomena to appreciate how these are shaped by linguistic choices. In addition to raising awareness about language's significance as an epistemological, conceptual and methodological device, the volume also puts forward constructive tools and techniques to harness language's potential, making it an indispensable resource for scholars, students, lawmakers and judges.

Questioning Hegemonies

The Language of Comparative Constitutional Law

The Art Law Library

This open access book offers a unique perspective on the return of cultural objects by considering the aftermath of the handover processes. While calls for the repatriation of heritage have been made since the start of the decolonisation process, it is only in recent years that the debate on returning cultural objects has gained widespread prominence. This has been followed by ongoing efforts from several countries to change the legislation, adopt principles, and invest in provenance research to turn repatriation into a more proactive mechanism. The book tells the story of cultural objects that were housed in European institutions and returned to countries in Africa, Asia, and the Americas. In addition to in-depth analysis of relevant laws and policies, each of the case studies integrates interviews with those who were directly involved in those return processes, as well as those who were impacted by them, including museum staff, government representatives and community members. The book presents previously unheard insights into past return processes, the manifold modalities that such processes have followed, and, at times, unexpected outcomes. By doing so, it offers possible lessons to be learnt for future returns. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Leverhulme Trust.

Exploring the Stories of Cultural Objects After their Return

Beyond Restitution

Juridical Perspectives between Islam and the West

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