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1 – 10 of over 112000The political landscape that has been unfolding since the attacks on the World Trade Centre in September 2001 has created an urgent imperative for a reappraisal of the place of…
Abstract
The political landscape that has been unfolding since the attacks on the World Trade Centre in September 2001 has created an urgent imperative for a reappraisal of the place of individual force within philosophies of violence, particularly those that are directed to law. An extensive critique of the relation between law and violence has emerged around the works of philosophers, such as Walter Benjamin, Franz Fanon, Jacques Derrida and Giorgio Agamben (1998, In: D.H. Roazen (Trans.), Homo sacer: Sovereign power and bare life. California: Stanford University Press), but it is questionable whether any of these provide us with the conceptual tools with which to address what is being presented (correctly or otherwise) as a particular problematic of the 21st century. Indeed, I would argue that a certain intellectual malaise surrounds discussion around individual force and that this state of affairs is in large measure due to the way in which critical theory and philosophy has addressed questions concerning the relation between individual violence and the juridical order. Without exception such accounts declare that individual violence undermines the authority of law itself. The following seeks to interrogate this contention and in doing so to begin to construct a more nuanced way of conceiving how the law preserves its authority.
Attempts to trace the evolution of the major ideas of the natural law and in this way shed some light on the ethical contents of economics. Asks the reader to ponder some of the…
Abstract
Attempts to trace the evolution of the major ideas of the natural law and in this way shed some light on the ethical contents of economics. Asks the reader to ponder some of the perennial questions such as: What is primary, ego or social association? Is man a social animal by nature? Is man a political animal? Is the justification for human existence to be found in the individual alone or in the social whole? Is society a synthesis of individuals, or does it contain something more than the simple totality of individuals?
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Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…
Abstract
Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.
Nobody concerned with political economy can neglect the history of economic doctrines. Structural changes in the economy and society influence economic thinking and, conversely…
Abstract
Nobody concerned with political economy can neglect the history of economic doctrines. Structural changes in the economy and society influence economic thinking and, conversely, innovative thought structures and attitudes have almost always forced economic institutions and modes of behaviour to adjust. We learn from the history of economic doctrines how a particular theory emerged and whether, and in which environment, it could take root. We can see how a school evolves out of a common methodological perception and similar techniques of analysis, and how it has to establish itself. The interaction between unresolved problems on the one hand, and the search for better solutions or explanations on the other, leads to a change in paradigma and to the formation of new lines of reasoning. As long as the real world is subject to progress and change scientific search for explanation must out of necessity continue.
While the concept of legal culture has been receiving a growing attention from scholars, this research often overemphasizes the similarity of the opinions held by different…
Abstract
While the concept of legal culture has been receiving a growing attention from scholars, this research often overemphasizes the similarity of the opinions held by different segments of population. Furthermore, the relationship of migration and the change of legal-cultural attitudes has not received particular attention. Drawing on 70 in-depth interviews with the immigrants of the early 1990s from the former Soviet Union to Israel and the secular Israeli Jews, this chapter provides a comprehensive account of the various aspects of legal culture of these groups. The second important finding is the persistence of the legal-cultural attitudes and perceptions over time.
The purpose of this paper is to show how individual law is defined in Islam. Individual law includes a set of human rights that the government is bound to vindicate by duty…
Abstract
Purpose
The purpose of this paper is to show how individual law is defined in Islam. Individual law includes a set of human rights that the government is bound to vindicate by duty. Islamic law approach is how human beings transcendence, and freedom may be formed wisely.
Design/methodology/approach
Spiritual flourishing is the goal of Islamic Sufism. The main topics of individual freedom are discussed here are freedom of opinion, will, religion, speech, meeting, minorities, rule of law, equality before law, rights resulted from implementing justice, ownership and self-determination of destiny and jobs, which are explained through the Islamic Sufism viewpoint.
Findings
By comparing individual law in Islamic law with the other law schools, transcendence of the former is more clarified.
Research limitations/implications
Comparative research of the other religions’ gnosticism will develop the paradigm.
Practical implications
The principles highlighted in this study can be used for applied debates in the field to promote individual law for understanding and recompilation.
Social implications
Delicateness, truthfulness and righteousness of Islamic Sufism may turn the attentions of scholars and researchers to this rich viewpoint.
Originality/value
Individual law scholars have not touched the topic from this viewpoint. This paper opens new challenging area.
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The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…
Abstract
The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…
Abstract
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
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Theodore F. Figinski, Alicia Lloro and Phillip Li
This study provides new evidence on the effect of compulsory schooling laws on educational attainment and earnings. First, we re-examine the effect of compulsory schooling laws…
Abstract
This study provides new evidence on the effect of compulsory schooling laws on educational attainment and earnings. First, we re-examine the effect of compulsory schooling laws for cohorts born between 1900 and 1964 (“older cohorts”) using newly available data that match administrative earnings records with the survey data. Second, we provide among the first evidence on cohorts born between 1977 and 1996 (“younger cohorts”). Our findings suggest that compulsory schooling laws increased the educational attainment of older cohorts, but had no economically significant effect on the educational attainment of younger cohorts. We are unable to find consistent evidence that compulsory schooling laws increased the earnings of older cohorts – a finding which adds to growing evidence that compulsory schooling laws are less beneficial than earlier studies suggest.
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Adelaide H. Villmoare and Peter G. Stillman
Neoliberalism has profoundly influenced the relationship between law and the state. Market rhetoric and ideology have fostered Janus faces of law, a double vision of law where…
Abstract
Neoliberalism has profoundly influenced the relationship between law and the state. Market rhetoric and ideology have fostered Janus faces of law, a double vision of law where both sides of the face adhere to one another through neoliberalism. One face relies on market values and individual liberty, seemingly favoring the reduction of state authority, actually to enhance law’s power. The other Janus face, also drawing on values of market efficiency and individual responsibility, expands criminal justice and its role in the state. Together the Janus faces of law diminish democratic values and practices of law in favor of economic growth, efficient governance, and punishment.