British Islam and English Law

2021 ◽  
Author(s):  
Patrick S. Nash
Keyword(s):  
Theoretical Models ◽  
Innovative Methods ◽  
English Law ◽  
The Law ◽  
Religion And State ◽  
Liberal Individualism ◽  
The Relationship

British Islam and English Law presents a novel argument about the nature and place of groups in society. The encounter with Islam has led English law to tread a line between two theoretical models, liberal individualism and multiculturalism, competing for dominance over the law of organised religion. This philosophical rivalry has generated a set of seemingly intractable conflicts between individual and community, religion and state, nation and culture. This book resurrects the long-buried theory of classical pluralism to address and resolve these tensions. Applying this to five understudied institutions that give structure and form to British Islam – banks, charities, schools, elections, clans – it outlines and justifies the reforms that would optimise the relationship between law and religion. Unflinching and unorthodox, this book places law and theory in context, employs innovative methods such as nudge theory and applied history, and provides detailed answers to hard questions about British Islam.

1. Introduction

2013 ◽  
Author(s):  
Simon Deakin ◽  
Angus Johnston ◽  
Basil Markesinis
Keyword(s):  
Tort Law ◽  
Individual Responsibility ◽  
Current State ◽  
English Law ◽  
The Law ◽  
The Relationship ◽  
Tort Claims

This introductory chapter first reviews the current state of the law of tort. It discusses the increase in tort claims due to our greater ability to cause more and greater harm and our reduced willingness to put up with the normal vicissitudes of life. It considers the law of individual responsibility. It suggests that tort law is becoming by the day a more complex set of rules than it ever was, where national law mixes with legal ideas emanating from foreign jurisdictions. Tort law rules are also becoming intermingled with those from other branches of English law. The second part of the chapter discusses the relationship between tort and contract.

1. Introduction

2019 ◽  
pp. 3-53
Author(s):  
Simon Deakin ◽  
Zoe Adams
Keyword(s):  
Tort Law ◽  
Individual Responsibility ◽  
Current State ◽  
English Law ◽  
The Law ◽  
The Relationship ◽  
Tort Claims

This introductory chapter first reviews the current state of the law of tort. It discusses the increase in tort claims due to our greater ability to cause more and greater harm and our reduced willingness to put up with the normal vicissitudes of life. It considers the law of individual responsibility. It suggests that tort law is becoming by the day a more complex set of rules than it ever was, where national law mixes with legal ideas emanating from foreign jurisdictions. Tort law rules are also becoming intermingled with those from other branches of English law. The second part of the chapter discusses the relationship between tort and contract.

Depression and Assisted Dying

2017 ◽  
Author(s):  
Richard Huxtable
Keyword(s):  
The Other ◽  
Assisted Dying ◽  
Respect For Autonomy ◽  
English Law ◽  
The Law ◽  
The Relationship

This chapter examines the relationship between depression and assisted dying, or euthanasia, by drawing on the metaphor of a ‘black dog’ being ‘put to sleep’. Focusing on English law, it argues that the law has been guilty of obfuscation in its dealings with assisted dying. The chapter proceeds by discussing situations involving compassionate killing and the notion that medically assisted dying should no longer be prohibited in England. The chapter considers two arguments for medically assisted dying, one premised on respect for autonomy and the other tethered to the obligation to remove suffering. Sometimes, in the so-called bare choice argument, the former claim dominates; elsewhere, the claims are conjoined to form the understandable choice argument. However, the chapter argues for straight-talking about assisted dying and emphasizes the need to consider the rightful limits of such a policy and whether it could—or should—extend to the depressed.

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

A Religious State (A Study of Hasyim Asyari and Muhammad Iqbal's Thought on the Relation of Religion, State and Nationalism)

2020 ◽  
Vol 3 (2) ◽  
pp. 226
Author(s):  
Arik Dwijayanto ◽  
Yusmicha Ulya Afif
Keyword(s):  
Intellectual History ◽  
British Empire ◽  
Political Identity ◽  
British Imperialism ◽  
Early Generation ◽  
North West ◽  
The North ◽  
Religion And State ◽  
The Relationship ◽  
Diverse Cultures

<p><em>This article explores the concept of a religious state proposed by two Muslim leaders: Hasyim Asyari (1871-1947), an Indonesian Muslim leader and Muhammad Iqbal (1873-1938), an Indian Muslim leader. Both of them represented the early generation when the emerging revolution for the independence of Indonesia (1945) from the Dutch colonialism and India-Pakistan (1947) from the British Imperialism. In doing so, they argued that the religious state is compatible with the plural nation that has diverse cultures, faiths, and ethnicities. They also argued that Islam as religion should involve the establishment of a nation-state. But under certain circumstances, they changed their thinking. Hasyim changed his thought that Islam in Indonesia should not be dominated by a single religion and state ideology. Hasyim regarded religiosity in Indonesia as vital in nation-building within a multi-religious society. While Iqbal changed from Indian loyalist to Islamist loyalist after he studied and lived in the West. The desire of Iqbal to establish the own state for the Indian Muslims separated from Hindus was first promulgated in 1930 when he was a President of the Muslim League. Iqbal expressed the hope of seeing Punjab, the North West province, Sind and Balukhistan being one in a single state, having self-government outside the British empire. In particular, the two Muslim leaders used religious legitimacy to establish political identity. By using historical approach (intellectual history), the relationship between religion, state, and nationalism based on the thinking of the two Muslim leaders can be concluded that Hasyim Asyari more prioritizes Islam as the ethical value to build state ideology and nationalism otherwise Muhammad Iqbal tends to make Islam as the main principle in establishment of state ideology and nationalism.</em></p><em>Keywords: Hasyim Asyari, Muhammad Iqbal, religion, state, nationalism.</em>

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Industrial districts and local governance in the Italian experience

1999 ◽  
Vol 18 (2) ◽  
pp. 131-139
Author(s):  
Maurizio Mistri
Keyword(s):  
Political Behavior ◽  
Political Attitudes ◽  
Local Governance ◽  
Dynamic Processes ◽  
Industrial Districts ◽  
Small Enterprises ◽  
Local Growth ◽  
Italian Experience ◽  
The Law ◽  
The Relationship

This paper focuses on the problem of the governance of industrial districts in Italy. The analysis begins with an assessment of the dynamic processes that characterize the development of industrial districts, particularly as concerns the elements of a cultural nature. The relationship between local political attitudes and forms of local growth is considered, generally revealing how in the various practical examples there is a convergence between models of political behavior and the needs of the system of small enterprises. The paper ends with a brief discussion of the law 317/91, designed to establish the responsibilities and roles of the industrial districts.

scholarly journals The Principle of Directive-Compliant Development of the Law and the Contra Legem Limit

2020 ◽  
Vol 16 (4) ◽  
pp. 465-488
Author(s):  
Thomas M.J. Möllers
Keyword(s):  
Case Law ◽  
Third Party ◽  
Broad Term ◽  
Legal Texts ◽  
Classical Methodology ◽  
The Law ◽  
Legal Methodology ◽  
The Relationship ◽  
Further Development ◽  
Domestic Law

AbstractThe Europeanisation of domestic law calls for a classical methodology to ‘update’ the established traditions of the law. The relationship between European directives and national law is difficult, since directives do apply, but European legal texts need to be implemented into national law. Whilst directives are not binding on private individuals, there is no direct third-party effect, but only an ‘indirect effect’. This effect is influenced by the stipulations of the ECJ, but is ultimately determined in accordance with methodical principles of national law. The ECJ uses a broad term of interpretation of the law. In contrast, in German and Austrian legal methodology the wording of a provision defines the dividing line between interpretation and further development of the law. The article reveals how legal scholars and the case-law have gradually shown in recent decades a greater willingness to shift from a narrow, traditional boundary of permissible development of the law to a modern line of case-law regarding the boundary of directive-compliant, permissible development of the law.

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