Most of the world's estimated 1.4 billion poorest people are still rural. Yet the majority lack ownership (or any secure rights) to the land that is their principal source of livelihood. Although land law and related reforms have transformed the lives of millions of families by providing secure land rights, not all such efforts have succeeded. Over the years, the conventional wisdom concerning …
This book is an ambitious study of how Islamic law traditions have been incorporated into the national legal systems throughout the Muslim world. Both puritan Islamists and Western alarmists tend to oversimplify and misrepresent the role and position of sharia. In response, this book takes stock of the actual legal positions, putting them into their socio-political and historical contexts. The …
Millions of people live and work on land that they do not legally own in accordance with enforceable state law. The absence of state recognition for local property rights affects people's tenure security and impedes development. Efforts to legalise extra-legal land tenure have traditionally emphasised individual titling and registration. Disappointment with such approaches have led to a search …
"This book takes a stand against the narrowing focus of (German) jurisprudence on state law, rooted in the history of the territorially organised nation state. In the shadow of this tradition, state(-hood) law was only conceived of as state law. However, a gradual decoupling of state and law is observable – not least because of globalisation – which inevitably entails a pluralisation of leg…
What is the place of Jews in medieval Christian societies? in the ninetheenth and early twentieth centuries, this question was largely confined to Jewish scholars, and the academic debates where inseparable from the upheavels of the lives of contemporary European Jews.
The jurist Sir James Fitzjames Stephen (1829–94) published this work in 1863 to provide the intelligent layman with a general account of the workings and principles of English criminal law. He begins with a brief sketch of the development of that law from the Anglo-Saxon period onwards. He then covers the current law on criminal responsibility and the classification and definition of specific…
This book is the adapted version of the Master thesis written in the summer of 2016 for the completion of the LL. M. program at MIPLC. The thesis is the result of my lasting interest in public international law and intellectual property law. Since its completion in September, 2016, the work has undergone some changes, primarily due to the developments in the case law it touches upon.
The book argues that there is in the US, Canada and UK, a general right to conscientious exemption available to a person who objects to any legal obligation whatsoever on the basis of a religious or non-religious conscientious belief. The book provides a liberal defence of this right and argues that it should be considered a defining feature of a liberal democracy. A general right to conscienti…
This collection brings methods and questions from humanities, law and social sciences disciplines to examine different instances of lawmaking. Contributors explore the problematic of past law in present historical analysis across indigenous Australia and New Zealand, from post-Franco Spain to current international law and maritime regulation, from settler colonial humanitarian debates to effort…
Three types of strategies have been common for court reform programmes: the ‘holistic’, the ‘tactical’, and the ‘strategic’ approach. This Research and Policy Note discusses strategic court reform and its underlying ideas. Its main intention is to alert those involved in judicial reform to some of the pitfalls and choices connected to particular types of interventions. The concludin…