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A Theory of African Constitutionalism

Utilizing detailed case studies from Nigeria, Ethiopia, and South Africa, this title traces African constitutionalism from precolonial times to the present. The volume offers a new framework for understanding African constitutionalism and a range of practical proposals for its future development.

The extension of Islamic law to all aspects of life in these states is a highly contested issue in Nigeria. ... For the crime of adultery, which Lawal was charged with, death by stoning is the punishment under Islamic law.

Liberal Criminal Theory

Essays for Andreas von Hirsch

This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.

5 This includes the honorand's contribution to B Schünemann (ed), A Programme for European Criminal Justice (Cologne, ... of punishment based on the needs of victims plausible in other systems, such as Islamic criminal law.

The Rule of Law History, Theory and Criticism

Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.

As argued by Archana Parashar, even though judges applied the rules of Hindu and Islamic laws, they interpreted them ... Macaulay's most important and lasting contribution to Indian law was the establishment of the Indian Criminal Code.

Legal Maxims in Islamic Criminal Law: Theory and Applications

Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqāṣid al-Sharī‘ah), generally.

Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory.

The Logic of Violence

Essay from the year 2012 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 74 %, University of Hull (Law School), course: Human Rights Violations, language: English, abstract: QUESTION: Although the use of violence by and against states displays many features that are specific to particular cultures and situations, there is an underlying ‘logic of violence’ that takes a remarkably similar form in a multitude of different contexts. ABSTRACT: For the question at hand – a very complex question – it seems of paramount importance to disentangle its individual components before discovering its coherences. (...) I shall proceed as follows: First, I will present my understanding of logic – the underlying current giving this paper its direction and drive. Still in the first part, I shall introduce and define various forms of large-scale violence to be kept inside the epistemological frame of this essay. Secondly, this paper will elaborate on ‘the doer behind the deed’. I shall introduce the philosophical traditions and formal features of contemporary states, laying the ground for the contemplation of violence by and against states, government-sponsored and stateperpetrated crime. Furthermore, to shed light on the ramifications of violence between the so called First and Third World and in order to provide a link between the general and the specific, this paper would expose the international involvement in criminal structures and violent agency. Drawing on the recurrent narratives and forms of violence discussed in the first two parts, the third section will deepen the dynamics of structures and resources that resurface in various contexts of large scale violence. The chosen examples will deal with the ambivalence of legal control and discursive power in their capacity as supportive features to instigate violence. This essay will conclude on contemplations which elude from a smooth narrative. In my conclusion I should summarize the main arguments and outline the implications resulting from the supposition of a logic of violence. The final part shall also provide an outlook to some of the many remaining challenges in the context of international human rights and supranational criminology and their pursuit to stop violence.

The chosen examples will deal with the ambivalence of legal control and discursive power in their capacity as supportive ... AND EVIL It is often referred to logic as to the art of thought and the science of sound deductive reasoning.

The Path-dependent Logic of Delegation

The Origins of Non-partisan Election Management in Mexico

... impartiality requires public officials to apply legal rules in an universalistic fashion , without favoring nor ... two parties who shared the same commitment to as well as the same interpretative framework of legal reasoning ) .

Logic Of The Law The

A set of general rules is " justified ” by reasoning from basic principles , but they do not cover all of law and ethics . In part the limitation is self - imposed and is motivated by a desire not to bore either myself or the reader .

The Paradox of Self-amendment

A Study of Logic, Law, Omnipotence, and Change

The first full-length study of self-reference and paradox in law, this book will intrigue and instruct anyone interested in law, logic, philosophy, or political theory.

Outlines of Modern Legal Logic

In legal reasoning formal consistency of thought is an end constantly pursued , even though it is not always achieved . To assure this consistency , ordinary common sense logic is employed , a logic expressed in an imprecise manner by ...

Legal Evidence and Proof

Statistics, Stories, Logic

As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.

As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and ...