- Table View
- List View
The Far-Right in International and European Law (Routledge Research in International Law)
by Natalie AlkiviadouSince the Second World War, the international community has sought to prevent the repetition of destructive far-right forces by establishing institutions such as the United Nations and by adopting documents such as the Universal Declaration of Human Rights. Jurisprudence and conventions directly prohibit far-right speech and expression. Nevertheless, recently, violent far-right entities, such as Golden Dawn of Greece, have received unprecedented electoral support, xenophobic parties have done spectacularly well in elections; and countries such as Hungary and Poland are being led by right-wing populists who are bringing constitutional upheaval and violating basic elements of doctrines such as the rule of law. In light of this current reality, this book critically assesses the international and European tools available for States to regulate the far-right. It conducts the analysis through a militant democracy lens. This doctrine has been considered in several arenas as a concept more generally; in the sphere of the European Convention on Human Rights; in relation to particular freedoms, such as that of association; and as a tool for challenging the far-right movement through the spectrum of political science. However, this doctrine has not yet been applied within a legal assessment of challenging the far-right as a single entity. After analysing the aims, objectives, scope and possibility of shortcomings in international and European law, the book looks at what state obligations arise from these laws. It then assesses how freedom of opinion and expression, freedom of association and freedom of assembly are provided for in international and European law and explores what limitation grounds exist which are directly relevant to the regulation of the far-right. The issue of the far-right is a pressing one on the agenda of politicians, academics, civil society and other groups in Europe and beyond. As such, this book will appeal to those with an interest in International, European or Human rights Law and political science.
Father of Lions: One Man's Remarkable Quest to Save Mosul's Zoo
by Louise CallaghanFather of Lions is the powerful true story of the evacuation of the Mosul Zoo, featuring Abu Laith the zookeeper, Simba the lion cub, Lula the bear, and countless others, faithfully depicted by acclaimed, award-winning journalist Louise Callaghan in her trade publishing debut.Combining a true-to-life narrative of humanity in the wake of war with the heartstring-tugging account of rescued animals, Father of Lions will appeal to audiences of bestsellers like The Zookeeper’s Wife and The Bookseller of Kabul as well as fans of true animal stories such as A Streetcat Named Bob, Marley and Me, and Finding Atticus.“An unexpectedly funny and moving book. ... Through the story of a man who loves both lions and life, Louise Callaghan shows how humour and defiance can counter cruelty, and why both humans and animals crave freedom.” -- Lindsey Hilsum, International Editor, Channel 4 News and author of In Extremis: the life of war correspondent Marie Colvin.At the Publisher's request, this title is being sold without Digital Rights Management Software (DRM) applied.
Fault, Responsibility, and Administrative Law in Late Babylonian Legal Texts (Mesopotamian Civilizations #23)
by Bruce Wells F. Rachel Magdalene Cornelia WunschThis book presents a reassessment of the governmental systems of the Late Babylonian period—specifically those of the Neo-Babylonian and early Persian empires—and provides evidence demonstrating that these are among the first to have developed an early form of administrative law.The present study revolves around a particular expression that, in its most common form, reads ḫīṭu ša šarri išaddad and can be translated as "he will be guilty (of an offense) against the king." The authors analyze ninety-six documents, thirty-two of which have not been previously published, discussing each text in detail, including the syntax of this clause and its legal consequences, which involve the delegation of responsibility in an administrative context. Placing these documents in their historical and institutional contexts, and drawing from the theories of Max Weber and S. N. Eisenstadt, the authors aim to show that the administrative bureaucracy underlying these documents was a more complex, systematized, and rational system than has previously been recognized.Accompanied by extensive indexes, as well as transcriptions and translations of each text analyzed here, this book breaks new ground in the study of ancient legal systems.
Fault, Responsibility, and Administrative Law in Late Babylonian Legal Texts (Mesopotamian Civilizations #23)
by F. Rachel Magdalene Cornelia Wunsch Bruce WellsThis book presents a reassessment of the governmental systems of the Late Babylonian period—specifically those of the Neo-Babylonian and early Persian empires—and provides evidence demonstrating that these are among the first to have developed an early form of administrative law.The present study revolves around a particular expression that, in its most common form, reads ḫīṭu ša šarri išaddad and can be translated as “he will be guilty (of an offense) against the king.” The authors analyze ninety-six documents, thirty-two of which have not been previously published, discussing each text in detail, including the syntax of this clause and its legal consequences, which involve the delegation of responsibility in an administrative context. Placing these documents in their historical and institutional contexts, and drawing from the theories of Max Weber and S. N. Eisenstadt, the authors aim to show that the administrative bureaucracy underlying these documents was a more complex, systematized, and rational system than has previously been recognized.Accompanied by extensive indexes, as well as transcriptions and translations of each text analyzed here, this book breaks new ground in the study of ancient legal systems.
Fear of Flying Solo: An Empowering Guide to Recovery from Divorce
by Marsha VaughnAre you newly and shockingly divorced?You bought the til death do us part thing. Now you are alone, and perhaps feeling unlovable? Is being single again overwhelming, scary, and totally not what you want? Are you freaked out about ever getting your life back together? Do you ask yourself, Where do I start? every day, then take a few steps and give up when the grief or panic overtakes you?In Fear of Flying Solo: Recovery from Divorce, Licensed Clinical Social Worker Marsha Vaugn teaches those going through divorce how to manage the transition and all of the overwhelming to-dos that come with it. She guides them through asking for support, what to do (or not do) about sex and dating, how to begin anew, and what practices carry them forward into their new life.If you are caught in the divorce transition and dont want to do it alone, Fear of Flying Solo is there for you every step of the way.,
Federal Courts (Examples And Explanations)
by Laura E. LittleAward-winning author and professor, Laura E. Little, has updated her approachable and practical study guide to what is considered one of the most challenging and abstract subjects in the law. Examples & Explanations for Federal Courts grounds the law of federal courts for students by providing brief textual introduction to doctrines, as well as examples, analytical answers, and graphical depictions of the legal doctrine. The new edition maintains the highly admired, straightforward Examples & Explanations format yet also includes many important cutting-edge developments in the field, omitted from competing books. New to the 4th Edition: Discussion of new case law on Article III arising under jurisdiction Review of new cases concerning diversity jurisdiction and supplemental jurisdiction Extensive revision and expansion of the standing materials, including standing issues arising in cases concerning gerrymandering, statutory rights, and false electoral speech Review of new cases pertaining to congressional control over federal courts Materials on the impact of an important decision pertaining to Younger abstention doctrine, Sprint Communications v. Jacobs, 571 U.S. 69 (2013) Integration of the myriad cases making subtle refinements and changes to the law of federal habeas corpus Professors and students will benefit from: Forthright treatment of nuanced and unsettled issues in the law— Federal courts is a discipline that resists black letter simplification of legal concepts: this study guide not only recognizes that fact, but also capitalizes on it, without sacrificing clarity or meaningful analysis. Award-winning author known for ability to present complicated subjects in an understandable fashion—A widely respected federal courts scholar, Professor Laura Little has lectured worldwide on federal courts issues and is a frequent federal jurisdiction lecturer for federal judges at judicial conferences and programs sponsored by the Federal Judicial Center. She has published several articles in the field of federal court jurisdiction and has won many teaching prizes (including a top teaching honor, the Great Teacher Award) as well as scholarship awards. Her work in procedural subjects has recently been acknowledged by the American Law Institute, which appointed her to serve as Associate Reporter for the Restatement (Third) of Conflict of Laws. Accessible and clear writing style and flexible organization—With lucid explanations of complex areas of the law, the volume breaks down doctrines into component parts. Organization adapts well to a variety of teaching approaches; topics are organized according to the various functions of federal courts, which gives the book thematic coherence while still allowing students to use the content according to their own needs. Written so that each chapter stands on its own. Visual aids—Includes several graphs and illustrations that illustrate both “macro” and “micro” understandings of the material; some are designed to convey larger relationships among doctrines and institutions, while others are designed to illustrate the intricacies of rules. Examples that model good lawyering and exam-taking techniques—The examples demonstrate complexities and ambiguities in the legal doctrine. The explanations provide models of practical skills for coping with uncertainty in the law. Through the explanations, students can learn to anticipate and outline arguments on both sides of a controversy. A book highly regarded by other Federal Courts professors—Both new and experienced federal courts professors report that they use the book for their own class preparation. Many professors use the book as a required text for their Federal Courts course.
Federal Disability Law in a Nutshell (Nutshells)
by Ruth ColkerThis Nutshell presents an overview of the major federal disability laws with emphasis on the statutes, regulations, and significant points of substantive and procedural law. The fifth edition includes significant focus on the Americans with Disabilities Act (ADA), including its 2008 Amendment and accompanying regulations. Features coverage on constitutional rights; the definition of "disabled"; Rehabilitation Act of 1973; employment discrimination; programs and services; and housing, education, and transportation. Also reviews the many relevant areas of the Individuals with Disabilities Education Act (IDEA), including the 2004 Amendments.
Federal Income Taxation (Aspen Casebook Series)
by Joseph Bankman Daniel N. Shaviro Kirk J. Stark Edward D. KleinbardBuy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Integrating theory and policy in an accessible format, the sterling author team of Federal Income Taxation, Eighteenth Edition imbues its subject with historical, economic, policy, and international perspective. Problems integrated throughout the text bridge the gap between theory and practice. Each edition of this renowned text builds on and adds to the strengths of its predecessors. New to the Eighteenth Edition: Fully updated to reflect changes made by the Tax Cuts and Jobs Act of 2017. Professors and students will benefit from: Notes, problems, and graphs that make challenging material accessible; The highest integration of economics and policy analysis; Great pedigree and authorship: Original authors Boris Bittker and William A. Klein were eminent authorities (with beautiful writing styles). Bankman, Shaviro, Stark, and Kleinbard are among today's leading tax scholars. A manageable length: Even with the new material, Federal Income Taxation is still one of the shortest books around.
A Federal Right to Education: Fundamental Questions for Our Democracy
by Congressman Robert ScottHow the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.
Federal Rules of Civil Procedure: With Selected Statutes and Other Materials 2019 (Supplements Ser.)
by Stephen Yeazell Joanna SchwartzFederal Rules of Civil Procedure: With Selected Statutes and Other Materials, 2019
The Federalist Papers
by Alexander Hamilton James Madison John JayNow introduced by eminent civil libertarian, constitutional scholar, and New York Times bestselling author Alan Dershowitz, The Federalist Papers are a must-have for all scholars of history and government and all Americans. Widely considered to be among the most important historical collections of all time, The Federalist Papers were intended to persuade New York at-large delegates to the Constitutional Convention to accept the newly drafted Constitution in 1787. Authored in parts by Hamilton, Madison, and Jay, together as the pseudonym of Publius, the documents have been referred to and heavily cited countless times in all aspects of American government and politics. Together, the eighty-five Federalist essays stand among the Constitution of the United States, the Declaration of Independence, Common Sense, and other work by the Founding Fathers that helped build and solidify the foundation of American democracy. With its rich history and a new introduction from Alan Dershowitz, one of the most prominent legal minds in the country, The Federalist Papers will educate you on the groundwork that shaped the greatest country in the world.
Feelgood-Management: Chancen für etablierte Unternehmen (essentials)
by Ulrike Weber Sophia GesingDieses essential beschreibt, wie das Konzept des Feelgood-Managements auch für etablierte Unternehmen einen Mehrwert bietet. Ulrike Weber und Sophia Gesing zeigen in dem Folgeband zu „Konzept und Berufsbild des Feelgood-Managements“ die Chancen auf, mit Feelgood-Management organisatorische Agilität zu fördern. Dazu stellen die Autorinnenwerden inhaltliche Gemeinsamkeiten und Unterschiede von Feelgood-Management zu anderen Führungskonzepten wie auch die Schnittstellen und Synergien mit anderen Organisationseinheiten dargestellt. Der Band liefert einen fundierten als auch praxisorientierten Ausblick auf die Chancen von Feelgood-Management in etablierten Unternehmen.
Feeling Like a State: Desire, Denial, and the Recasting of Authority (Global and Insurgent Legalities)
by Davina CooperA transformative progressive politics requires the state's reimagining. But how should the state be reimagined, and what can invigorate this process? In Feeling Like a State, Davina Cooper explores the unexpected contribution a legal drama of withdrawal might make to conceptualizing a more socially just, participative state. In recent years, as gay rights have expanded, some conservative Christians—from charities to guesthouse owners and county clerks—have denied people inclusion, goods, and services because of their sexuality. In turn, liberal public bodies have withdrawn contracts, subsidies, and career progression from withholding conservative Christians. Cooper takes up the discourses and practices expressed in this legal conflict to animate and support an account of the state as heterogeneous, plural, and erotic. Arguing for the urgent need to put new imaginative forms into practice, Cooper examines how dissident and experimental institutional thinking materialize as people assert a democratic readiness to recraft the state.
Fehlerfolgen im europäischen Eigenverwaltungsrecht: Heilung und Unbeachtlichkeit in rechtsvergleichender Perspektive (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht #286)
by Laura HeringDieses Buch nimmt die derzeitige - sowohl interinstitutionelle als auch wissenschaftliche - Debatte um den Erlass eines europäischen Eigenverwaltungsverfahrensgesetzes zum Anlass, sich mit den in der Diskussion bislang ausgeklammerten Rechtsfiguren der Heilung und Unbeachtlichkeit von Verfahrens- und Formfehlern im europäischen Eigenverwaltungsrecht zu befassen. Dabei analysiert und systematisiert es ausführlich die unionsgerichtliche Rechtsprechung und bettet Heilung und Unbeachtlichkeit in das System des europäischen Primärrechts sowie in die Dogmatik und Funktionen des europäischen Eigenverwaltungs(verfahrens)rechts ein. Ein Rechtsvergleich untersucht ferner, wie ausgewählte mitgliedstaatliche Rechtsordnungen mit der Möglichkeit, Verfahrens- und Formfehlern zu relativieren, umgehen. Mit einem konkreten Vorschlag dazu, wie ein mögliches Gesetz zum allgemeinen europäischen Eigenverwaltungsverfahrensrecht die Heilung und Unbeachtlichkeit von Verfahrens- und Formfehlern kodifizieren könnte, wird die Arbeit beschlossen.
Female Child Soldiering, Gender Violence, and Feminist Theologies
by Susan WillhauckThis book examines the phenomenon of female child soldiering from various theological perspectives. It is an interdisciplinary work that brings Christian feminist theologies into dialogue to analyze the complex ethical, geopolitical, social, and theological issues involved in the militarization of girls and women and gender-based violence. With contributions from a range of interdisciplinary and multicultural authors, this book offers reflections and perspectives that coalesce as a comprehensive overview of feminist theological insights into child soldiering.
Feminist Advocacy, Family Law and Violence against Women: International Perspectives (Routledge Studies in Development and Society)
by Mahnaz Akhami Yakın Ertürk Ann Elizabeth MayerAround the world, discriminatory legislation prevents women from accessing their human rights. It can affect almost every aspect of a woman's life, including the right to choose a partner, inherit property, hold a job, and obtain child custody. Often referred to as family law, these laws have contributed to discrimination and to the justification of gender-based violence globally. This book demonstrates how women across the world are contributing to legal reform, helping to shape non-discriminatory policies and to counter current legal and social justifications for gender-based violence. The book takes case studies from Brazil, India, Iran, Lebanon, Nigeria, Palestine, Senegal, and Turkey, using them to demosntrate in each case the varied history of family law and the wide variety of issues impacting women’s equality in legislation. Interviews with prominent women's rights activists in three additional countries are also included, giving personal accounts of the successes and failures of past reform efforts. Overall, the book provides a complex global picture of current trends and strategies in the fight for a more egalitarian society. These findings come at a critical moment for change. Across the globe, family law issues are contentious. We are simultaneously witnessing an increased demand for women’s equality and the resurgence of fundamentalist forces that impede reform, invoking rules rooted in tradition, culture, and interpretations of religious texts. The outcome of these disputes has enormous ramifications for women’s roles in the family and society. This book tackles these complexities head on, and will interest activists, practitioners, students, and scholars working on women's rights and gender-based violence.
Feminist History of Philosophy: The Recovery And Evaluation Of Women's Philosophical Thought
by Eileen O’Neill Marcy P. LascanoOver the course of the past twenty-five years, feminist theory has had a forceful impact upon the history of Western philosophy. The present collection of essays has as its primary aim to evaluate past women’s published philosophical work, and to introduce readers to newly recovered female figures; the collection will also make contributions to the history of the philosophy of gender, and to the history of feminist social and political philosophy, insofar as the collection will discuss women’s views on these issues.The volume contains contributions by an international group of leading historians of philosophy and political thought, whose scholarship represents some of the very best work being done in North and Central America, Canada, Europe and Australia.
Fentanyl, Inc: How Rogue Chemists are Creating the Deadliest Wave of the Opioid Epidemic
by Ben WesthoffA deeply human story, Fentanyl, Inc. is the first deep-dive investigation of an illicit industry that has created a worldwide epidemic, ravaging communities and overwhelming and confounding government agencies that are challenged to combat it. "A whole new generation of chemicals is radically changing the recreational drug landscape," writes Ben Westhoff. "These are known as novel psychoactive substances (NPS) and they include replacements for known drugs like ecstasy, LSD, and marijuana, as well as heroin. They are synthetic, made in a laboratory... and they are much more potent than traditional drugs"--and, tragically, all-too-often lethal. Drugs like fentanyl, K2, and Spice--and those with arcane acronyms like 25I-NBOMe--were all originally conceived in legitimate laboratories for proper scientific and medicinal purposes. Their formulas were then hijacked and manufactured by rogue chemists, largely in China, who change their molecular structures to stay one step ahead of the law, often making the drugs' effects impossible to predict. Westhoff has infiltrated this shadowy world. He tracks down the little-known scientists who invented these drugs and inadvertently killed thousands, as well as a mysterious drug baron who turned the law upside down in his home country of New Zealand. Westhoff is the first journalist ever to infiltrate a Chinese fentanyl lab. Working undercover, he gains entry to a pair of synthetic drug operations from which fentanyls and other NPS emanate, providing startling and original reporting on how China's vast chemical industry operates, and how the Chinese government subsidizes it. He poignantly chronicles the lives of addicted users and dealers, families of victims, law enforcement officers, and underground drug awareness organizers in the U.S. and Europe. Together they represent the shocking and riveting full anatomy of a calamity we are just beginning to understand. From its depths, as Westhoff relates, are emerging new strategies that may provide essential long-term solutions to the drug crisis that has affected so many.
Fiancé and Marriage Visas: A Couple's Guide to U.S. Immigration
by Ilona BrayThe book that’s helped thousands of couples around the world You’re engaged or married to a U.S. citizen or permanent resident, and all you want is the right to be together in the United States. Should be simple, right? It’s not. The pile of application forms can be overwhelming, the bureaucracy isn’t helpful, and delays are inevitable. This book will help you succeed. Discover the fastest and best application strategy. Avoid common—and serious—mistakes. Prepare for meetings with officials. Prove your marriage is real—not a fraud. Deal with the two-year testing period for new marriages. The 10th edition covers the Trump travel ban on citizens of certain countries, changes to fees and application processes, as well as heightened scrutiny for visa fraud. It also provides checklists and sample forms throughout. Use this book if you are living in the United States or overseas and: your fiancé is a U.S. citizen your spouse is a U.S. citizen, or your spouse is a U.S. permanent resident.
Fiction and the Languages of Law: Understanding Contemporary Legal Discourse (Law, Language and Communication)
by Karen PetroskiContemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court’s written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency—as well as the term’s best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges’ and lawyers’ habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.
FIDIC Yellow Book: A Commentary (Contemporary Commercial Law)
by Ben BeaumontThe book analyses every aspect of the ease or otherwise of implementing the FIDIC Yellow Book Conditions of Contract. On a clause-by-clause basis, it highlights important structural features and suggests alternative text to avoid problems with the contract. Written in a user-friendly manner by an expert user of the FIDIC Suite of Contracts, who is a Member of the FIDIC President’s List of Adjudicators, this book will be a vital reference point for contractors, lawyers, engineers, arbitrators and all others concerned with the FIDIC contracts.
Field Crops: Sustainable Management by PGPR (Sustainable Development and Biodiversity #23)
by Dinesh Kumar Maheshwari Shrivardhan DheemanThis book discusses the most challenging task ahead of researchers from India and around the globe: providing disease-free field crops for the ever-growing world population. In Asia, despite being cultivated in massive volumes, major crops, including cereals, oil seed, tuber and non-tuber vegetables, and fruit, are not meeting the demands of the increasing population. This book showcases naturally occurring beneficial microbes in the form of plant growth promoting rhizobacteria, or PGPR, which make it possible to grow field crops without applying synthetic chemicals.Our understanding of PGPR has increased exponentially in recent decades. They play a multifarious role in developing sustainable systems of crop production and protection. The book focuses on the mechanistic behaviors of PGPRs, their use to develop sustainable cultivation techniques, and their application to enhance crop growth and productivity at the cutting edge of tech-oriented agriculture and to replace hazardous chemicals with microbial inoculants. The book is useful to agronomists, microbiologists, ecologists, plant pathologists, molecular biologists, environmentalists, policy makers, conservationists, and NGOs working on organically grown field crops.
The Fight Against Monsanto's Roundup: The Politics of Pesticides
by Vandana Shiva Mitchel CohenA Comprehensive Look at the Worldwide Battle to Defend Ourselves and Our Environment Against the Peddlers of Chemical Poisons Chemical poisons have infiltrated all facets of our lives – housing, agriculture, work places, sidewalks, subways, schools, parks, even the air we breathe. More than half a century since Rachel Carson issued Silent Spring – her call-to-arms against the poisoning of our drinking water, food, animals, air, and the natural environment – The Fight Against Monsanto's Roundup takes a fresh look at the politics underlying the mass use of pesticides and the challenges people around the world are making against the purveyors of poison and the governments that enable them. The scientists and activists contributing to The Fight Against Monsanto's Roundup, edited by long-time Green activist Mitchel Cohen, explore not only the dangers of glyphosate – better known as “Roundup” – but the campaign resulting in glyphosate being declared as a probable cancer-causing agent. In an age where banned pesticides are simply replaced with newer and more deadly ones, and where corporations such as Monsanto, Bayer, Dow and DuPont scuttle attempts to regulate the products they manufacture, what is the effective, practical, and philosophical framework for banning glyphosate and other pesticides?The Fight Against Monsanto's Roundup: The Politics of Pesticides takes lessons from activists who have come before and offers a radical approach that is essential for defending life on this planet and creating for our kids, and for ourselves, a future worth living in.
Fighting for Virtue: Justice and Politics in Thailand (Studies of the Weatherhead East Asian Institute, Columbia University)
by Duncan McCargoFighting for Virtue investigates how Thailand's judges were tasked by the late King Bhumibol Adulyadej (Rama IX) in 2006 with helping to solve the country's intractable political problems—and what happened next. Across the last decade of Rama IX's rule, Duncan McCargo examines the world of Thai judges: how they were recruited, trained, and promoted, and how they were socialized into a conservative world view that emphasized the proximity between the judiciary and the monarchy.McCargo delves into three pivotal freedom of expression cases that illuminate Thai legal and cultural understandings of sedition and treason, before examining the ways in which accusations of disloyalty made against controversial former prime minister Thaksin Shinawatra came to occupy a central place in the political life of a deeply polarized nation. The author navigates the highly contentious role of the Constitutional Court as a key player in overseeing and regulating Thailand's political order before concluding with reflections on the significance of the Bhumibol era of "judicialization" in Thailand. In the end, posits McCargo, under a new king, who appears far less reluctant to assert his own power and authority, the Thai courts may now assume somewhat less significance as a tool of the monarchical network.
Filiation and the Protection of Parentless Children: Towards a Social Definition of the Family in Muslim Jurisdictions
by Nadjma Yassari Lena-Maria Möller Marie-Claude NajmThis book contains selected contributions presented during the workshop “Establishing Filiation: Towards a Social Definition of the Family in Islamic and Middle Eastern Law?”, which was convened in Beirut, Lebanon in November 2017.Filiation is a multifaceted concept in Muslim jurisdictions. Beyond its legal aspect, it encompasses the notion of inclusion and belonging, thereby holding significant social implications. Being the child of someone, carrying one’s father’s name, and inheriting from both parents form important pillars of personal identity.This volume explores filiation (nasab) and alternative forms of a full parent-child relationship in Muslim jurisdictions. Eleven country reports ranging from Morocco to Malaysia examine how maternal and paternal filiation is established – be it by operation of the law, by the parties’ exercise of autonomy, such as acknowledgement, or by scientific means, DNA testing in particular – and how lawmakers, courts, and society at large view and treat children who fall outside those legal structures, especially children born out of wedlock or under dubious circumstances. In a second step, alternative care schemes in place for the protection of parentless children are examined and their potential to recreate a legal parent-child relationship is discussed.In addition to the countr y-specific analyses included in this book, three further contributions explore the subject matter from perspectives of premodern Sunni legal doctrine, premodern Shiite legal doctrine and the private international law regimes of contemporary Arab countries. Finally, a comparative analysis of the themes explored is presented in the synopsis at the end of this volume.The book is aimed at scholars in the fields of Muslim family law and comparative family law and is of high practical relevance to legal practitioners working in the area of international child law.Nadjma Yassari is Leader of the Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” at the Max Planck Institute for Comparative and International Private Law while Lena-Maria Möller is a Senior Research Fellow at the Max Planck Institute and a member of the same Research Group. Marie-Claude Najm is a Professor in the Faculty of Law and Political Science at Saint Joseph University of Beirut in Lebanon and Director of the Centre of Legal Studies and Research for the Arab World (CEDROMA).