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Music Piracy and Crime Theory

Hinduja examines the social, psychological, criminological, and behavioral aspects of Internet crime. Guided by the most prominent general theories of criminal behavior, he explores music piracy - an all too-common form of cybercrime - by attempting to answer a number of questions. Does stress and strain play a role? What about low self-control? Is music piracy learned within intimate social groups? Do rationalizations and justifications contribute to participation? Is the behavior strengthened or weakened through rewards and punishments? Hinduja then discusses his findings in detail, with the intention of framing ideas into feasible practices that can accommodate the benefits of the new digital economy, the music industry, and the perpetually growing wired world.

Hinduja examines the social, psychological, criminological, and behavioral aspects of Internet crime.

Islamic Legal Theory

Volume I

Islamic legal theory (usūl al-fiqh) is literally regarded as ’the roots of the law’ whilst Islamic jurists consider it to be the basis of Islamic jurisprudence and thus an essential aspect of Islamic law. This volume addresses the sources, methods and principles of Islamic law leading to an appreciation of the skills of independent juristic and legal reasoning necessary for deriving specific rulings from the established sources of the law. The articles engage critically with relevant traditional views to enable a diagnostic understanding of the different issues, covering both Sunnī and Shī’ī perspectives on some of the issues for comparison. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Islamic legal theory is a complex subject which challenges the ingenuity of any expert and therefore special care has been taken to select articles for their clarity as well as their quality, variety and critique to ensure an in-depth, engaging and easy understanding of what is normally a highly theoretical subject.

The Ashgate Islamic Law series brings together the best and most influential contributions from this debate and in so doing ... such as Islamic family law, Islamic property law, Islamic law of finance, Islamic criminal law and so forth.

The Problematics of Moral and Legal Theory

Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification—an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia—the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies—and a hopeful prospect for its future.

They are wrong, contends Richard Posner in this book.

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 .