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      • Trusted Partner
        Humanities & Social Sciences
        December 2017

        Democratic inclusion

        Rainer Bauböck in dialogue

        by Rainer Bauböck, David Owen

        Who has a claim to be included in a democratic political community? Rainer Bauböck's lead essay splits this question into three: whose interests should be represented in democratic decisions? Whose rights ought to be protected by democratic governments? Who has a claim to citizenship and voting rights? These questions call for different responses. Democratic legitimacy requires taking into account interests negatively affected by a decision. It requires the provision of equal rights and contestation options for all subjected to the law. And it requires access to citizenship status and the vote for membership stakeholders with genuine links to a particular polity. Bauböck applies this theory to multilevel citizenship with different inclusion rules for states, municipalities and sub-national or supranational regions. The book includes commentaries by Joseph Carens, Iseult Honohan, Will Kymlicka, David Miller, David Owen and Peter Spiro and a rejoinder by Bauböck.

      • Trusted Partner
        Humanities & Social Sciences
        December 2017

        Democratic inclusion

        Rainer Bauböck in dialogue

        by Rainer Bauböck, David Owen

        Who has a claim to be included in a democratic political community? Rainer Bauböck's lead essay splits this question into three: whose interests should be represented in democratic decisions? Whose rights ought to be protected by democratic governments? Who has a claim to citizenship and voting rights? These questions call for different responses. Democratic legitimacy requires taking into account interests negatively affected by a decision. It requires the provision of equal rights and contestation options for all subjected to the law. And it requires access to citizenship status and the vote for membership stakeholders with genuine links to a particular polity. Bauböck applies this theory to multilevel citizenship with different inclusion rules for states, municipalities and sub-national or supranational regions. The book includes commentaries by Joseph Carens, Iseult Honohan, Will Kymlicka, David Miller, David Owen and Peter Spiro and a rejoinder by Bauböck.

      • Trusted Partner
        Business, Economics & Law
        January 2018

        Law and violence

        Christoph Menke in dialogue

        by Christoph Menke, David Owen

        Christoph Menke is a third-generation Frankfurt School theorist, and widely acknowledged as one of the most interesting philosophers working in Germany today. His work builds on Adorno and Horkheimer to show how the repressive features contained in the very promises of equality, autonomy and freedom from domination inevitably structure contemporary societies. But Menke argues that reflexive awareness of such antinomies can counter the hold they have on us. His lead essay focuses on the fundamental question for legal and political philosophy: the relationship between law and violence. The first part of the essay shows why and in what precise sense the law is irreducibly violent; the second part establishes the possibility and the possible form of the law becoming self-reflectively aware of its own violence. The volume contains responses to Menke's essay by a variety of influential interlocutors and concludes with Menke's reply to his critics.

      • Trusted Partner
        Business, Economics & Law
        January 2018

        Law and violence

        Christoph Menke in dialogue

        by Christoph Menke, David Owen

        Christoph Menke is a third-generation Frankfurt School theorist, and widely acknowledged as one of the most interesting philosophers working in Germany today. His work builds on Adorno and Horkheimer to show how the repressive features contained in the very promises of equality, autonomy and freedom from domination inevitably structure contemporary societies. But Menke argues that reflexive awareness of such antinomies can counter the hold they have on us. His lead essay focuses on the fundamental question for legal and political philosophy: the relationship between law and violence. The first part of the essay shows why and in what precise sense the law is irreducibly violent; the second part establishes the possibility and the possible form of the law becoming self-reflectively aware of its own violence. The volume contains responses to Menke's essay by a variety of influential interlocutors and concludes with Menke's reply to his critics.

      • Trusted Partner
        Humanities & Social Sciences
        January 2018

        Law and violence

        Christoph Menke in dialogue

        by Christoph Menke, David Owen

        Christoph Menke is a third-generation Frankfurt School theorist, and widely acknowledged as one of the most interesting philosophers in Germany today. His lead essay focuses on the fundamental question for legal and political philosophy: the relationship between law and violence. The first part of the essay shows why and in what precise sense the law is irreducibly violent; the second part establishes the possibility of the law becoming self-reflectively aware of its own violence. The volume contains responses by María del Rosario Acosta López, Daniel Loick, Alessandro Ferrara, Ben Morgan, Andreas Fischer-Lescano and Alexander García Düttmann. It concludes with Menke's reply to his critics.

      • Trusted Partner
        Humanities & Social Sciences
        December 2018

        Democratic inclusion

        Rainer Bauböck in dialogue

        by Rainer Bauböck, David Owen

        Rainer Bauböck is the world's leading theorist of transnational citizenship. He opens this volume with a question that is crucial to our thinking on citizenship in the twenty-first century: who has a claim to be included in a democratic political community? Bauböck's answer addresses the major theoretical and practical issues of the forms of citizenship and access to citizenship in different types of polity, the specification and justification of rights of non-citizen immigrants as well as non-resident citizens, and the conditions under which norms governing citizenship can legitimately vary. This argument is challenged and developed in responses by Joseph Carens, David Miller, Iseult Honohan, Will Kymlicka and Sue Donaldson, David Owen and Peter J. Spiro. In the concluding chapter, Bauböck replies to his critics.

      • Jurisprudence & general issues

        Miraculous Shari‘a, Rather than Powerless Laws

        by Mohamed Wafik Zain al-Abedin (Dr.), Ref'at Al-Awadi (Dr.), Abdullah Al-Musleh (Dr.), Kawthar Al-Abji (Dr.), Mohsen Fadly (Judge)

        The law of any nation is the mirror of its material, intellectual and social conditions. if  it is true that the law is the source of happiness and revival of every society, as the philosophers of law say, then it will not be so unless it fulfills their cultural, intellectual and material requirements and aspirations that are dictated by the nature of their religious and social environment, rather it will be a pity on them, and it will be a source of their misery and suffering, not their happiness and revival, for correct legislation is the result of the nation’s spirit and the result of its traditions and customs, since everyone is captive to his religious and social values ​​and principles.  The most important results of reality and its implications is the invalidity of the human mind while it is a source of legislation. History proves to us day after day that the structure of the mind is weak and frail that it is easy to be deceived, decepted and cheated, as it is possible to provide a group of minds with flawed false information, or to seduce them with corrupted and perverted delusions, so they easily make massive errors, and are driven to the apparent astray without the slightest concern!! Indeed, reality has proven that minds, when grouped, may be unable to search the tools, methods, attributes, phenomena of incidents, people's bodies and their appearances. While these minds have shown their ingenuity in dealing with the quantity of events, they have shown, on the other hand, an unlimited helplessness in dealing with  their quality. While it is supposed that they use rational, logical thinking when they cooperate with each other, but rather they slipped in the abyss and pits of emotional, sentimental and imaginative delusional thinking without the slightest wisdom or insight.  Reality has proven beyond a reasonable doubt that the application of man-made laws was and still the most important reason for the spread of crime and the increase in its rates and diversity in a way that did not exist at the time of our ancestors, and that these laws did not fulfill their role in fulfilling the requirements of litigants, resolving their arguments, and settling their disputes. They have neither become a deterrence, nor have they completed cases, nor have they restored the rights to their owners. Rather, the so many loopholes in them have led to stubbornness in litigation, procrastination in procedures, frequent appeals, abstention from fulfilling rights and duties, increased oppression and aggression,  the prevalence of poverty, misery and deprivation, stirring up chaos and barbarism,  And spread the spirit of revenge and vengeance among the litigants.  The validity of any legislation is decided on the basis of the validity of its values ​​and principles and its consistency with reality. Rational legislative policy must depend on elements that are homogeneous with the environment that controls it. If it is based on elements that are in conflict with it, the link between the texts and their goals is lost so that they do not lead to achieve the intended purpose, as any legislative organization is not intended in itself, rather it is merely a means to achieve its goals related to controlling life and happiness of people, and in this framework the merits of Sharia emerge it is are from the Creator who is more knowledgeable about the conditions of his servants, and who knows what is in their goodness and what is the consequence of their affairs, and it is distinguished from the man made law as it has features and characteristics that make it more worthy to follow and more appropriate to apply, as its enactment is not controlled by opinions, and whims does not mess with its destination.  Nothing more revealing that than man made law's contradiction and inconsistency, for those who sanctify the law and defend it, do not sanctify one thing and do not defend one thing, as the law is multiple in its totalities as well as its parts, it's even contradictory in its totalities as well as its parts, so what law do they call peoples to respect and sanctify?  The law that permits homosexuals' marriage or the law that prohibits it?  The law that permits divorce between spouses, the law that restricts it, or the law that prevents it?  The law that permits adoption, the law that restricts it, or the law that prevents it?  The law that gives the testator the hand in choosing who he bequeaths - even if it is a dog - or is it the law that limits and restricts his authority?  The law that uses the death penalty, or the law that restricts its images and situations, or the law that absolutely prohibits its use?  The law that allows drinking alcohol, the law that restricts it, or the law that prohibits it?  The law that brings taxes and fees to a third, a quarter, or a tenth?  The law that approves granting those subject to interest on their money and deposits in return for safekeeping them, or the law that deducted from them in return for safekeeping them?  Thus tens and hundreds of conflicting and contradictory examples of laws, all of which are established by their authors, sometimes by mind and sometimes by experience.  We do not have a single law that can be respected or defended, but we are in front of tens and hundreds of different laws according to different systems of multiple countries, rather there is hardly a single human act in which all systems agree on a common punishment for in addition to its criminalization, and this in itself violates the idea of ​​the law and its necessity.

      • Systems of law

        Shari'a and Modernization

        Historical and Social Investigations in the Codification and Implementation of Shari'a

        by Mohamed Wafik Zain Al-Abedin (Dr.)

        The Arab countries have lived under Islamic rule for many decades, and since their conquest, their people have been relying on the Sharia represented in the Qur’an and the Sunnah and the rulings that were derived from them using the principles of jurisprudence, its regulations, and its overall rules set by Muslim jurists who inspired the solutions from their precedents, the precedents of their ancestors, and from issues of likenesses and analogues if they did not find what they need In the Book of God and the Sunnah of His ProphePBUH. They have exerted so much effort in this respect, and have written in the fundamentals of litigation, judgements and proceedings what all previous nations were unable to come up with. They were also the first to root  theories that contemporary jurists boast of  rooted and mentioned in their books. They become great to the extent that they were a reference for Europeans in human rights issues and legal dilemmas as they turn to them whenever they needed to, to find among Muslims the final word on what matters to and preoccupies them.  Generally, Islamic Shari'a was the main and only source of rulings for more than a thousand and three hundred years until the end of the last century when foreign influence increased, which aimed at eliminating Shari'a and changing the social structure of the nation.Mixed courts were established, Shari'a courts were abolished, and laws were derived from an illegal foreign source that was not related to the country's Islamic affiliation nor its cultural and social characteristics that defined the country's identity and Islamic identity. This book discusses the issue of legalizing Shari'a and modernization at the end of the Ottoman Caliphate and how the legal status of the Arab countries, especially Egypt, moved from the governance of Shari'a to the rule of laws and the attempts made to legalize and revive Shari'a during the twentieth century.

      • Relationships

        8 Reasons for Divorce, The

        Why Marriages Fail and How to Ensure That Yours Doesn’t

        by Thomas G. Papps

        Thomas G. Papps is an attorney who argued cases before the United States Supreme Court (U.S. v. Jimmy Johnson) and argued cases that have become the law of the land (”failure of informed consent” from Grey v. Grunnagle). The toughest battles he fought in the courtroom, though, have been his divorce cases. In The 8 Reasons for Divorce, Mr. Papps will share with you his findings as to the true causes for divorce after analyzing almost 2,000 divorce cases in which he was an attorney. Within its pages you will discover… ▪ what marriage really is; ▪ how kissing can ruin—or save—a marriage; ▪ how effective marriage counsellors really are; ▪ the effect of clergy, friends, and family on your marriage; ▪ the significance of age differences; ▪ how children can affect a marriage; ▪ what it takes to have a successful marriage; ▪ the single most important thing you can do to ensure that your marriage will succeed. Finally, you will find two important tests that were developed based on the data from Mr. Papps’s cases: The Pre-Marriage Test (“Should you get married?”) and the Marriage Test (“Will your marriage last?”). These tests have been shown to be accurate in predicting the health of a relationship and the chances for it’s success—or divorce.

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