Sebanyak 1976 item atau buku ditemukan

From Law to Order

The Theory and Practice of Law and Justice

An ideal introductory law textbook, From Law to Order is the collaborative effort of two authors with extensive backgrounds in teaching and field practice. It examines the many facets of our legal system including: What is Law?; Making Law; Federal and State Courts; Criminal Law; Civil Law and Juvenile Justice; The Law and Social Change; Comparative Law--including Islamic Law; and Women and the Law. Discussion questions and vocabulary follow each chapter. An instructor's manual with test questions is available.

An ideal introductory law textbook, From Law to Order is the collaborative effort of two authors with extensive backgrounds in teaching and field practice.

Lying, Cheating, and Stealing

A Moral Theory of White-collar Crime

Where should the line between serious criminal fraud and lawful 'puffing' be drawn? What constitutes tax evasion beyond mere 'tax avoidance'? What separates obstruction of justice from 'zealous advocacy', or insider trading from 'savvy investing'? Can we meaningfully distinguish bribery from 'campaign contributions', or perjury from 'wiliness' on the witness stand? A look at some of the most high profile white collar crime cases in recent history will quickly reveal that there can sometimes be a fine line between serious fraudulent conduct and behaviour which, though it might be shrewd, crafty, or even devious, is not ultimately criminal. According to the traditional conception of the criminal law, penal sanctions should be used as a 'last resort', applicable only to conduct that is truly and unambiguously blameworthy. White-collar crime poses a serious challenge to this traditional view. This is the first book to use the tools of moral and legal theory as a meansto examine a range of specific white-collar offenses, aiming to develop and apply a methodology that will allow us to make meaningful distinctions between genuine white collar criminality and merely aggressive business behavior. Particular attention is paid to the concept of moral wrongfulness, which is described in terms of violations of a range of familiar, but nevertheless powerful, moral norms that inform and shape the leading white-collar criminal offenses - norms against not only lying, cheating, and stealing, but also coercion, exploitation, disloyalty, promise-breaking, and defiance of law. It is through such analysis that the whole moral fabric of white-collar crime is brought into sharp relief.

"In the first in-depth study of its kind, Stuart Green exposes the ambiguities and uncertainties that pervade the white-collar crimes, and offers an approach to their solution.

Legal Pluralism Explained

History, Theory, Consequences

Legal pluralism involves the coexistence of multiple forms of law. This includes state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, comparative law, international law, transnational law, jurisprudence, and law and development scholarship. This book places legal pluralism in historical context going back to the Medieval period, describes the origins of legal pluralism in postcolonial countries and its implications today, identifies manifestations of legal pluralism within Western societies, discusses contemporary transnational legal pluralism, identifies problems with current theoretical accounts of legal pluralism, and articulates an approach to legal pluralism that avoids theoretical problems and is useful for social scientists, theorists, and law and development scholars and practitioners.

This book places legal pluralism in historical context going back to the Medieval period, describes the origins of legal pluralism in postcolonial countries and its implications today, identifies manifestations of legal pluralism within ...

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.