...A SPECIAL ISSUE ON INDIA The Uniform Civil Code Debate in Indian Law: New Developments and Changing Agenda By Werner Menski ∗ A. Introduction: What Happens if One Asks for the Moon? Postcolonial India’s modernist ambition to have a Uniform Civil Code, impressively written into Article 44 of the Indian Constitution of 1950 as a nonjusticiable Directive Principle of State Policy, concerns not just an Indian problem but a universal predicament for lawyers and legal systems. What is the relationship between personal status laws and general state-made laws? To what extent should the formal law allow for, or seek to restrain, the legal implications of religious and socio-cultural diversity? To what extent does a state, whether secular or not, actually have power and legitimacy to decree and enforce legal uniformity? There are many more agendas at play here than simply the central issue of legal authority, focused on the power of the law, or simply “religion” v. “law”, or “culture” v. “law”, as we are often still led to believe. I present here the recent developments in India’s law relating to the much-debated Uniform Civil Code agenda to illustrate that Indian law today increasingly turns its back on supposedly European or “Western” models, and has been developing its own country-specific and situation-sensitive methods of handling complex sociolegal issues. This may contain some important lessons for European lawyers, specifically in terms of managing cultural diversity through...
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...A SPECIAL ISSUE ON INDIA The Uniform Civil Code Debate in Indian Law: New Developments and Changing Agenda By Werner Menski ∗ A. Introduction: What Happens if One Asks for the Moon? Postcolonial India’s modernist ambition to have a Uniform Civil Code, impressively written into Article 44 of the Indian Constitution of 1950 as a nonjusticiable Directive Principle of State Policy, concerns not just an Indian problem but a universal predicament for lawyers and legal systems. What is the relationship between personal status laws and general state-made laws? To what extent should the formal law allow for, or seek to restrain, the legal implications of religious and socio-cultural diversity? To what extent does a state, whether secular or not, actually have power and legitimacy to decree and enforce legal uniformity? There are many more agendas at play here than simply the central issue of legal authority, focused on the power of the law, or simply “religion” v. “law”, or “culture” v. “law”, as we are often still led to believe. I present here the recent developments in India’s law relating to the much-debated Uniform Civil Code agenda to illustrate that Indian law today increasingly turns its back on supposedly European or “Western” models, and has been developing its own country-specific and situation-sensitive methods of handling complex sociolegal issues. This may contain some important lessons for European lawyers, specifically in terms of managing cultural diversity through...
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...page intentionally left blank An Introduction to Islamic Law The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The author expounds on the roles of jurists, who reasoned about the law, and of judges and others who administered justice; on how different legal schools came to be established, and on how a moral law functioned in early Muslim society generally. The second part explains how the law was transformed and ultimately dismantled during the colonial period. As the author demonstrates, this rupture necessitated its reinvention in the twentiethcentury world of nation-states. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms and lists for further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and its history. w a e l b . h a l l a q is James McGill Professor in Islamic Law in the Institute of Islamic Studies at McGill University. He is a worldrenowned scholar...
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...------------------------------------------------- Development of laws and customs Assignment – History [Date] Arjun pk Roll No. 931 [Date] Arjun pk Roll No. 931 DEVELOPMENT OF LAWS AND CUSTOMS Assignment – History Submitted By Arjun PK Roll No. 931 Second Semester National University of Advanced Legal Sudies(NUALS) Kochi - Kerla Index Introduction (3) Theories Regarding the origin of Law (5) Legal Systems of the World (8) Custom (20) International Law (22) Annexure (28) Bibliography (33) Acknowledgment (34) Introduction There ought to be, and many times is, a close nexus between manmade law and justice – law should aim at justice. Laws should be the objective expressions of the nature of reality rather than merely the subjective prejudices or whims of some person, group of people, or society as a whole. Natural law is objective since it is inherent in the nature of the entity to which it relates. The content of natural law is accessible to human reason. For example, it is easily understood that since each man has a natural right to survive, flourish, and pursue his own happiness, no other man or group of men should attempt to deprive him of a chosen value or action through the initiation or threat of force. Historically, socially emergent ideas of legal principles, oftentimes in accord with the nature of reality...
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...China The first one is the economy. China's economy has been typically the best-performing economy or among the best-performing economies in the world since 1979 when reforms began, averaging about 7 percent growth. One note of concern, though, is that those conditions that allowed that 7 percent growth are not likely to be prevalent in the years to come, because for over 30 years, China has relied extensively on lower wage rates and export-driven growth. But wage rates have been bid up, as happens; the Chinese are victims of their own success, you could say. And secondly, the rest of the countries in the world are not going through high rates of growth, and they’re not going to be importing the way they had been historically. So, that formula isn’t going to be as successful going forward as it has been. China needs to shift away from an export-driven economy to more of a consumption model. It needs to be mindful about funding its state-owned enterprises, about subsidizing state-owned companies. It needs to lessen its reliance on low-end manufacturing and move up the value chain. By the way, these aren’t my observations; these are observations by Chinese leadership. If you follow any Chinese leader’s speech on China’s economic transformation, these are the points he’ll make. We would call that market rationalism or just normal evolution as a country rises to middle-income status. But there are also some countervailing impulses. There’s a strong streak of economic nationalism;...
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...positions on gender and reproductive choice. In some cases, women were being denied rights by those who claimed to be acting in the name of 'Islamic' laws. some of which are incompatible with internationally recognized human rights. This article identifies selected sexual and reproductive health issues at the intersection ofreproductive rights and Shari 'a e.g. adultery (zina), inheritance, child marriages, polygny, and violence against women and considers how their shared concerns may prompt actions leading to the elimination of religious and cultural barriers imposed by Shari 'a which impede the implementation of international legal frameworks and consensus documents on reproductive rights. Nigeria is selected as a case study on the nature of implementation of Shari 'a law and reproductive rights. The article calls for more progressive interpretations of Islamic law to be codified in legislative reforms and/or seek to interpret Islamic law in harmony with international human rights standards and calls for the implementation of Shari 'a that would promote respect for human rights. J believe that if Islam is interpreted and applied correctly, we can have totally egalitarian laws for women and strike punishments such as stoning and cutting hands from out of law books.! * Senior Lecturer and Head, Department of Public and International Law, College of Law, Osun State University, Nigeria. S Ebadi of Iran, 'Arab Women Urged to Advocate for Rights Post-Revolution. ' interview with the Nobe...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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...AGRICULTURAL LAW AEC304 CONVENOR – Felix Odimmasi OBJECTIVES OF THE COURSE The course is intended to help the student to explore the legal environment of Agricultural Law by providing a comprehensive survey of the development and regulation of legislation and doctrines which affect the development of Agriculture as a distinct driver of the economy in Kenya. CONDUCT OF THE COURSE The course shall consist of both coursework and examination. The coursework will be in the form of a researched seminar presentation, a term paper and a continuous assessment test each constituting 10% of the final mark, thus a total of 30% of the total mark. The exam will constitute the remaining 70%. COURSE CONTENT | |TOPIC |WEEK |COMMENT | |1 |Nature and sources of Kenyan Law | | | | |Definition and Classification of Law | | | | |Sources of Law | | | | |Law making processes | | | | |Administration of the Law ...
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...Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed – a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity of constitutional protection. I INTRODUCTION Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) * Associate Professor, School of Law, Deakin University, Australia. 132 D EAKIN LAW REVIEW VOLUME 13 NO 2...
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...R outledge Revision: Questions & Answers Jurisprudence 2011–2012 Each Routledge Q&A contains approximately 50 questions on topics commonly found on exam papers, with answer plans and comprehensive suggested answers. Each book also offers valuable advice as to how to approach and tackle exam questions and how to focus your revision effectively. New Aim Higher and Common Pitfalls boxes will also help you to identify how to go that little bit further in order to get the very best marks and highlight areas of confusion. And now there are further opportunities to hone and perfect your exam technique online. New editions publishing in 2011: Civil Liberties & Human Rights Commercial Law Company Law Constitutional & Administrative Law Contract Law Criminal Law Employment Law English Legal System Routledge Q&A series Equity & Trusts European Union Law Evidence Family Law Jurisprudence Land Law Medical Law Torts For a full listing, visit http://www.routledge.com/textbooks/revision R outledge Revision: Questions & Answers Jurisprudence 2011–2012 David Brooke Senior Lecturer in Law and Module Leader in Jurisprudence at Leeds Metropolitan University Fifth edition published 2011 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Simultaneously published in the U S A and Canada by Routledge 270 Madison Avenue, New York, NY 10016 Routledge is an imprint of the Taylor & Francis Group, an informa business This edition published in the Taylor & Francis e-Library, 2011...
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...HUMAN DEVELOPMENT REPORT 2004 Cultural Liberty in Today’s Diverse World Accommodating people’s growing demands for their inclusion in society, for respect of their ethnicity, religion, and language, takes more than democracy and equitable growth. Also needed are multicultural policies that recognize differences, champion diversity and promote cultural freedoms, so that all people can choose to speak their language, practice their religion, and participate in shaping their culture— so that all people can choose to be who they are. 65 108 166 55 34 82 3 14 91 51 40 138 29 62 6 99 161 134 114 66 128 72 33 56 175 173 130 141 4 105 169 167 43 94 73 136 144 168 45 163 48 52 30 32 Albania Algeria Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Central African Republic Chad Chile China Colombia Comoros Congo Congo, Dem. Rep. of the Costa Rica Côte d'Ivoire Croatia Cuba Cyprus Czech Republic 17 154 95 98 100 120 103 109 156 36 170 81 13 16 122 155 97 19 131 24 93 121 160 172 104 153 115 23 38 7 127 111 101 10 22 21 79 9 90 78 148 28 44 110 135 50 80 Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Ethiopia Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea...
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...IN CONTEMPORARY SOUTHEAST ASIA ISLAMIC STUDIES AND ISLAMIC EDUCATION i ii IN CONTEMPORARY SOUTHEAST ASIA ISLAMIC STUDIES AND ISLAMIC EDUCATION Editors KAMARUZZAMAN BUSTAMAM-AHMAD PATRICK JORY YAYASAN ILMUWAN iii Perpustakaan Negara Malaysia Cataloguing-In-Publication Data Islamic studies and Islamic education in contemporary Southeast Asia / editors: Kamaruzzaman Bustamam-Ahmad, Patrick Jory ISBN 978-983-44372-3-7 (pbk.) 1. Islamic religious education--Southeast Asia. 2. Islam--Education--Southeast Asia. I. Kamaruzzaman Bustamam-Ahmad. II. Jory, Patrick. 297.77 First Printed 2011 © 2011 Kamaruzzaman Bustamam-Ahmad & Patrick Jory Publisher: Yayasan Ilmuwan D-0-3A, Setiawangsa Business Suites, Taman Setiawangsa, 54200 Kuala Lumpur, Malaysia. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means – for example, electronic, photocopy, recording – without prior written permission of the publisher. The only exception is brief quotations in printed review. The opinions expressed in this publication is the personal views of the authors, and do not necessary reflect the opinion of the publisher. Layout and cover design: Font: Font size: Printer: Hafizuldin bin Satar Goudy Old Style 11 pt Gemilang Press Sdn Bhd iv ACKNOWLEDGEMENTS T his book grew out of a three-day workshop jointly held by the Regional Studies Program, Walailak University, and the Department...
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...Introduction To Public Administration–MGT111 VU LESSON 01 INTRODUCTION 1. 2. 3. 4. 5. 6. 7. The course on Public Administration/Management has following objectives: Understand the concept of public administration/ management/organization Understand the evolution of the concept of public administration and its importance Understand the role of government Understand the role and core functions of public manager Understand the structure of government /organizations Create understanding about the skills required by the public manager in imparting duties Understand the changing role of government and role of public managers. Importance of Course: The course on public administration/management is important as every citizen must understand the functioning of government. Besides, whether one works in private or public organization, or one is doing ones own business or whatever the profession, this course is useful as it helps understand organizations and their functioning. It also helps us understand the environment in which we are working. Introduction: definitions, concepts & setting At the end of lecture the students should be able to understanding: • The meaning of PA • The practice of public administration (PA) • Public administration as a subject of study • Definition of Public administration • Public administration, democracy and rights of citizens The Meaning The word ‘administration’ has been derived from Latin words ‘ad’ = to and ‘ministiare’ = serve and ‘Public’ =people...
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......................................................... 7 1. COUNTRY ANALYSIS ............................................................................................ 9 1.1. Analysis of the political situation...................................................................... 9 1.2. Analysis of the economic situation.................................................................. 11 1.3. Trade structure ................................................................................................ 13 1.4. Analysis of social developments...................................................................... 14 1.5. Analysis of the environmental situation......................................................... 16 2. THE PHILIPPINES’ POLICY AGENDA ............................................................ 17 2.1. The Medium Term Philippine Development Plan ........................................ 17 2.2. Assessing the reform process .......................................................................... 17 2.3. Cross-cutting issues: human rights, gender, governance ............................. 19 3. OVERVIEW OF PAST AND ONGOING EC COOPERATION, COORDINATION AND COHERENCE ...................................................................... 20 3.1. Overview of past and ongoing EC cooperation............................................. 20 3.2. Lessons learned from past EC cooperation ................................................... 21 3.3. EU Member...
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...Strengthening the Ombudsman Institution in Asia Improving Accountability in Public Service Delivery through the Ombudsman About the Asian Development Bank ADB’s vision is an Asia and Pacific region free of poverty. Its mission is to help its developing member countries reduce poverty and improve the quality of life of their people. Despite the region’s many successes, it remains home to two-thirds of the world’s poor: 1.8 billion people who live on less than $2 a day, with 903 million struggling on less than $1.25 a day. ADB is committed to reducing poverty through inclusive economic growth, environmentally sustainable growth, and regional integration. Based in Manila, ADB is owned by 67 members, including 48 from the region. Its main instruments for helping its developing member countries are policy dialogue, loans, equity investments, guarantees, grants, and technical assistance. Strengthening the Ombudsman Institution in Asia Accountability is essential for good governance, and in many Asian countries the ombudsman is the key accountability institution. Originating in the West, the concept of the ombudsman arrived relatively late in Asia. Yet more and more ombudsman offices are being established in Asia, and they play a critical role in the fight against incompetence and injustice on the part of government officials. This report presents in-depth research on Asian ombudsmen, with a focus on best practices and emerging issues, especially in the context...
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