This work presents an analysis of the earliest legal treatises on the Islamic trust, or waqf - the Ah kam al-Waaf" of Hilal al-Ray and the Ah kam al-Awqaf of al-Khassaf. This work undertakes a textual analysis of the treatises.
In mid-sixteenth-century England, people were born into authority and responsibility based on their social status. Thus elite children could designate property or serve in Parliament, while children of the poorer sort might be forced to sign labor contracts or be hanged for arson or picking pockets. By the late eighteenth century, however, English and American law began to emphasize contractual relations based on informed consent rather than on birth status. In By Birth or Consent, Holly Brewer explores how the changing legal status of children illuminates the struggle over consent and status in England and America. As it emerged through religious, political, and legal debates, the concept of meaningful consent challenged the older order of birthright and became central to the development of democratic political theory. The struggle over meaningful consent had tremendous political and social consequences, affecting the whole order of society. It granted new powers to fathers and guardians at the same time that it challenged those of masters and kings. Brewer's analysis reshapes the debate about the origins of modern political ideology and makes connections between Reformation religious debates, Enlightenment philosophy, and democratic political theory.
This book provides a challenging interpretation of the emergence of the common law in Anglo-Norman England, against the background of the general development of legal institutions in Europe. In a detailed discussion of the emergence of the central courts and the common law they administered, the author traces the rise of the writ system and the growth of the jury system in twelfth-century England. Professor van Caenegem attempts to explain why English law is so different from that on the Continent and why this divergence began in the twelfth century, arguing that chance and chronological accident played the major part and led to the paradox of a feudal law of continental origin becoming one of the most typical manifestations of English life and thought. First published in 1973, The Birth of the English Common Law has come to enjoy classical status, and in a preface Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The delivery of high quality and equitable care for both mothers and newborns is complex and requires efforts across many sectors. The United States spends more on childbirth than any other country in the world, yet outcomes are worse than other high-resource countries, and even worse for Black and Native American women. There are a variety of factors that influence childbirth, including social determinants such as income, educational levels, access to care, financing, transportation, structural racism and geographic variability in birth settings. It is important to reevaluate the United States' approach to maternal and newborn care through the lens of these factors across multiple disciplines. Birth Settings in America: Outcomes, Quality, Access, and Choice reviews and evaluates maternal and newborn care in the United States, the epidemiology of social and clinical risks in pregnancy and childbirth, birth settings research, and access to and choice of birth settings.
The Oxford International Encyclopedia of Legal History is a comprehensive, international, interdisciplinary reference work that includes approximately 1,000 articles on all aspects of legal history throughout the world from ancient to modern times. Articles deal with private law, public law, and constitutional/higher law throughout the world and are written and signed by one of the many noteworthy contributors, which include major scholars and experts. For years, scholars have been investigating the remote origins of their respective national and religious law. Only recently has there been a developing interest in and study of the history of law in modern times. This encyclopedia will bring together the study of ancient law with the study of modern law-examining statutes and administrative rulings as well as judicial decisions, legislatures, agencies, and courts. The Encyclopedia will cover ancient, medieval, early modern, and modern law in eight legal traditions and geographical/cultural areas: Ancient Greek Law, Ancient Roman Law, Chinese Law, English Common Law, Islamic Law, Medieval Roman Law, United States Law, and law in other regions (Africa, Latin America, and South Asia among them). It will address major categories of law within these traditions, including private law (contract, tort, civil procedure), varieties of public law (criminal law, administrative law, statutory law), and higher law/ constitutional law. It will be the first encyclopedia of law to provide historical and contemporary comparisons of world legal systems. - Publisher.
George Louis Beer Prize Winner Wallace K. Ferguson Prize Finalist A Marginal Revolution Book of the Year “A groundbreaking contribution...Intellectual history at its best.” —Stephen Wertheim, Foreign Affairs Neoliberals hate the state. Or do they? In the first intellectual history of neoliberal globalism, Quinn Slobodian follows a group of thinkers from the ashes of the Habsburg Empire to the creation of the World Trade Organization to show that neoliberalism emerged less to shrink government and abolish regulations than to redeploy them at a global level. It was a project that changed the world, but was also undermined time and again by the relentless change and social injustice that accompanied it. “Slobodian’s lucidly written intellectual history traces the ideas of a group of Western thinkers who sought to create, against a backdrop of anarchy, globally applicable economic rules. Their attempt, it turns out, succeeded all too well.” —Pankaj Mishra, Bloomberg Opinion “Fascinating, innovative...Slobodian has underlined the profound conservatism of the first generation of neoliberals and their fundamental hostility to democracy.” —Adam Tooze, Dissent “The definitive history of neoliberalism as a political project.” —Boston Review
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.