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Law and Politics of the Danube: An Interdisciplinary Study
by Stephen GoroveThe Danube has been for two centuries the great connecting link between the European West and the European East. Most commercial and cultural exchanges between the two parts of Europe took place with the help of or along the Danube. The West involved was, above all, southern Germany and the cisbithynian part of the Habsburg monarchy. The East was the formerly Turkish ruled territories, the Balkan peninsula and the Black Sea. The latter was, for the last two centuries, the center of conflict between Russian and Turkish hegemo nial aspirations. The events of the Balkan wars and of World War I almost ex tinguished Turkish influence, an event long expected: The outcome of World War I fortified, to an unexpected degree, the influence of Russia, which now became almost synonymous with the term of the European East. For a few years the middle and lower Danube threaten ed to disappear behind the Iron Curtain which marked the extent of Eastern influence.
The Law and Politics of Unconstitutional Constitutional Amendments in Asia (Comparative Constitutional Change)
by Rehan Abeyratne Ngoc Son BuiThis book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.
The Law and Politics of Unconstitutional Constitutional Amendments in Asia (Comparative Constitutional Change)
by Rehan Abeyratne and Ngoc Son BuiThis book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.
Law and Power in the Islamic World
by Sami ZubaidaIslamic law (the Shari'a) and its application is a central issue in contemporary Islamic politics and culture. Starting from modern concerns, this book examines the origins and evolution of the Shari'a and the corpus of texts, concepts and practices in which it has been enshrined. The central paradox in this history is one of power: the Shari'a is jurist's law, theoretically derived from sacred sources, yet dependent for its institution and application on rulers, with their own agendas and priorities. Sami Zubaida here considers key historical episodes of political accommodations and contests between scholars and sultans. Drawing on modern examples, mainly from Egypt and Iran, Zubaida explores how the Shari'a has evolved and mutated to accommodate the workings of a modern state by examining the reforms of the 19th and 20th centuries and the politics of the contemporary world. Law and Power in the Islamic World is an original and significant contribution to the debates surrounding Islam and ideas of modernity. As such its appeal and importance range across a wide spectrum of readers, students and scholars interested in Islamic law and the politics and social structures of the Muslim world."Extremely informed and highly readable: unlike any previous writings on the subject, it combines deep historical analysis with a vital sociological and political perspective. In these difficult times, it will be required reading both for experts and for the general reader with any serious interest in the world today."Eberhard Kienle, SOAS.
Law and Practice of the United Nations
by Simon Chesterman Ian Johnstone David M. MaloneLaw and Practice of the United Nations: Documents and Commentary combines primary materials with expert commentary demonstrating the interaction between law and practice in the UN organization, as well as the possibilities and limitations of multilateral institutions in general. Each chapter begins with a short introductory essay describing how the documents that ensue illustrate a set of legal, institutional, and political issues relevant to the practice of diplomacy and the development of public international law through the United Nations. Each chapter also includes questions to guide discussion of the primary materials, and a brief bibliography to facilitate further research on the subject. This second edition addresses the most challenging issues confronting the United Nations and the global community today, from terrorism to climate change, from poverty to nuclear proliferation. New features include hypothetical fact scenarios to test the understanding of concepts in each chapter. This edition contains expanded author commentary, while maintaining the focus on primary materials. Such materials enable a realistic presentation of the work of international diplomacy: the negotiation, interpretation and application of such texts are an important part of what actually takes place at the United Nations and other international organizations. This work is ideal for courses on the United Nations or International Organizations, taught in both law and international relations programs.
Law and Practice of the United Nations
by David M. Malone Ian Johnstone Simon ChestermanLaw and Practice of the United Nations: Documents and Commentary combines primary materials with expert commentary demonstrating the interaction between law and practice in the UN organization, as well as the possibilities and limitations of multilateral institutions in general. Each chapter begins with a short introductory essay describing how the documents that ensue illustrate a set of legal, institutional, and political issues relevant to the practice of diplomacy and the development of public international law through the United Nations. Each chapter also includes questions to guide discussion of the primary materials, and a brief bibliography to facilitate further research on the subject. This second edition addresses the most challenging issues confronting the United Nations and the global community today, from terrorism to climate change, from poverty to nuclear proliferation. New features include hypothetical fact scenarios to test the understanding of concepts in each chapter. This edition contains expanded author commentary, while maintaining the focus on primary materials. Such materials enable a realistic presentation of the work of international diplomacy: the negotiation, interpretation and application of such texts are an important part of what actually takes place at the United Nations and other international organizations. This work is ideal for courses on the United Nations or International Organizations, taught in both law and international relations programs.
Law and Public Choice: A Critical Introduction (Economic Approaches To Law Ser.)
by Daniel A. Farber Philip P. FrickeyIn Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich and accessible introduction to the driving principles of public choice. In this, the first systematic look at the implications of social choice for legal doctrine, Farber and Frickey carefully review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. Ideal for course use, this volume offers a balanced and perceptive analysis and critique of an approach which, within limits, can illuminate the dynamics of government decision-making. “Law and Public Choice is a most valuable contribution to the burgeoning literature. It should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law School
Law and Public Choice: A Critical Introduction
by Daniel A. Farber Philip P. FrickeyIn Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich and accessible introduction to the driving principles of public choice. In this, the first systematic look at the implications of social choice for legal doctrine, Farber and Frickey carefully review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. Ideal for course use, this volume offers a balanced and perceptive analysis and critique of an approach which, within limits, can illuminate the dynamics of government decision-making. “Law and Public Choice is a most valuable contribution to the burgeoning literature. It should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law School
Law and Public Choice: A Critical Introduction
by Daniel A. Farber Philip P. FrickeyIn Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich and accessible introduction to the driving principles of public choice. In this, the first systematic look at the implications of social choice for legal doctrine, Farber and Frickey carefully review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. Ideal for course use, this volume offers a balanced and perceptive analysis and critique of an approach which, within limits, can illuminate the dynamics of government decision-making. “Law and Public Choice is a most valuable contribution to the burgeoning literature. It should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law School
Law and Public Policy
by Kevin J. FandlLaws exist to incentivize us to act in a certain manner, in accordance with the policies that our community has deemed right for us. And when we disagree with those laws, we must re-examine our policies, and thus our beliefs and ideas, to decide whether our community has changed. This is a book about law and public policy—about the ideas and the rules we build to implement those rules. While similar books have looked at public policy and public administration in an effort to explain how the government works, and others have considered the foundations of the legal system to understand the rulemaking institutions, this book takes a different approach. In this ground-breaking new textbook, author Kevin Fandl develops a complete picture of society, from idea to action -- by examining laws through the lens of policy, and vice versa. This holistic approach gives readers a chance to see not only why certain rules exist, but how those rules evolved over time and the events that inspired them. It offers readers an opportunity not only to see but also to participate in the process of forming the structures that shape our society. This textbook is divided into two sections. The first section provides readers with the tools that they will need to digest the policies and laws that surround them. These tools include a historical deep dive into the foundations of the governance structure in the United States and beyond, an important examination of civics and a reminder of the importance of engaging in the policymaking process, a careful breakdown of the institutions that form the backbone of the law and policy-making institutions in the United States, and finally critical thinking including practical tools to find reliable sources for news, research, and other types of information. The second section of the text is comprised of subject-matter analyses. These subject-based chapters, written by experts on the topic at hand begin with a historical perspective, followed by a careful examination of the key policies and laws that inform that field. Each chapter highlights key vocabulary, provides practical vignettes to add context to the writing, explores a unique global component to compare perspectives from communities worldwide, and includes a number of discussion questions and recommended readings for further examination. This textbook is tailored specifically for undergraduate and graduate students of public policy, to introduce them to the role of law and legal institutions as facilitators and constraints on public policy, exploring those laws in a range of relevant policy contexts with the help of short case studies.
Law and Public Policy
by Kevin J. FandlLaws exist to incentivize us to act in a certain manner, in accordance with the policies that our community has deemed right for us. And when we disagree with those laws, we must re-examine our policies, and thus our beliefs and ideas, to decide whether our community has changed. This is a book about law and public policy—about the ideas and the rules we build to implement those rules. While similar books have looked at public policy and public administration in an effort to explain how the government works, and others have considered the foundations of the legal system to understand the rulemaking institutions, this book takes a different approach. In this ground-breaking new textbook, author Kevin Fandl develops a complete picture of society, from idea to action -- by examining laws through the lens of policy, and vice versa. This holistic approach gives readers a chance to see not only why certain rules exist, but how those rules evolved over time and the events that inspired them. It offers readers an opportunity not only to see but also to participate in the process of forming the structures that shape our society. This textbook is divided into two sections. The first section provides readers with the tools that they will need to digest the policies and laws that surround them. These tools include a historical deep dive into the foundations of the governance structure in the United States and beyond, an important examination of civics and a reminder of the importance of engaging in the policymaking process, a careful breakdown of the institutions that form the backbone of the law and policy-making institutions in the United States, and finally critical thinking including practical tools to find reliable sources for news, research, and other types of information. The second section of the text is comprised of subject-matter analyses. These subject-based chapters, written by experts on the topic at hand begin with a historical perspective, followed by a careful examination of the key policies and laws that inform that field. Each chapter highlights key vocabulary, provides practical vignettes to add context to the writing, explores a unique global component to compare perspectives from communities worldwide, and includes a number of discussion questions and recommended readings for further examination. This textbook is tailored specifically for undergraduate and graduate students of public policy, to introduce them to the role of law and legal institutions as facilitators and constraints on public policy, exploring those laws in a range of relevant policy contexts with the help of short case studies.
Law and Reflexive Politics (Law and Philosophy Library #35)
by E.A. ChristodoulidisLaw is the great concealer; and law is everywhere. Or so claimed Marxists once upon a time. [Law] was imbricated within the mode of production and productive relations themselves . . . it intruded brusquely within alien categories, re-appearing bewigged and gowned in the form of ideology; . . . it was an arm of politics and politics was one of its arms; it was an academic discipline, subjected to the rigour of its own autonomous logic, it contributed to the definition of the self-identity of both the rulers 1 and the ruled. Does the old critique of domination still hold any sway? Apparently not. Or so even scholars of the far Left keep reminding us in their eagerness to embrace law and proclaim their allegiance to the new constitutional politics of civil society. Old Marxists now describe popular sovereignty as 'co-original' with, and democracy 'internally linked' to 2 constitutional rights and find it hard to remember what it was they once disagreed with liberals about. No tension left between emancipatory politics and oppressive law; instead we have reciprocal constitution, simultaneous realisation. In the Left's embracing of the new constitutionalisms its old critique of law - the critique of the law's concealment of class inequality, class conflict and class action - is left behind.
Law And Religion In The Eastern Mediterranean: From Antiquity To Early Islam
by Anselm C. Hagedorn Reinhard G. KratzHow was it possible that Greeks often wrote their laws on the walls of their temples, but - in contrast to other ancient societies - never transformed these written civic laws into a religious law? Did it matter whether laws were inscribed in stone, clay, or on a scroll? And above all, how did written law shape a society in which the majority population was illiterate? This volume addresses the similarities and differences in the role played by law and religion in various societies across the Eastern Mediterranean. Bringing together a collection of 14 essays from scholars of the Hebrew Bible, Ancient Greece, the Ancient Near East, Qumran, Elephantine, the Nabateans, and the early Arab world, it also approaches these subjects in an all-encompassing manner, looking in detail at the notion of law and religion in the Eastern Mediterranean as a whole in both the geographical as well as the historical space.
Law and Religion in the Commonwealth: The Evolution of Case Law
by Renae Barker, Paul T Babie and Neil FosterThis book examines law and religion from the perspective of its case law. Each chapter focuses on a specific case from a Commonwealth jurisdiction, examining the history and impact of the case, both within the originating jurisdiction and its wider global context. The book contains chapters from leading and emerging scholars from across the Commonwealth, including from the United Kingdom, Canada, Australia, Pakistan, Malaysia, India and Nigeria. The cases are divided into four sections covering:- Foundational Questions in Law and Religion- Freedom of Religion around the Commonwealth- Religion and state relations around the Commonwealth- Rights, Relationships and Religion around the Commonwealth.Like religion itself, the case law covers a wide spectrum of life. This diversity is reflected in the cases covered in this book, which include: - Titular Roman Catholic Archbishop of Kuala Lumpur v Home Minister on the use of the Muslim name for God by non-Muslims in Malaysia- The Church of the New Faith v Commissioner of Pay-roll Tax (Vic) which determined the meaning of religion in Australia - Eweida v UK which clarified the application of Article 9 of the European Convention on Human Rights - R v Big M Drug Mart on the individual protections of religious freedom under the Canadian Charter of Rights. The book examines how legal disputes involving religion are among the most contested in the courts and shows that in these cases, passions run high and the outcomes can have significant consequences for all involved.
Law and Religion in the Commonwealth: The Evolution of Case Law
This book examines law and religion from the perspective of its case law. Each chapter focuses on a specific case from a Commonwealth jurisdiction, examining the history and impact of the case, both within the originating jurisdiction and its wider global context. The book contains chapters from leading and emerging scholars from across the Commonwealth, including from the United Kingdom, Canada, Australia, Pakistan, Malaysia, India and Nigeria. The cases are divided into four sections covering:- Foundational Questions in Law and Religion- Freedom of Religion around the Commonwealth- Religion and state relations around the Commonwealth- Rights, Relationships and Religion around the Commonwealth.Like religion itself, the case law covers a wide spectrum of life. This diversity is reflected in the cases covered in this book, which include: - Titular Roman Catholic Archbishop of Kuala Lumpur v Home Minister on the use of the Muslim name for God by non-Muslims in Malaysia- The Church of the New Faith v Commissioner of Pay-roll Tax (Vic) which determined the meaning of religion in Australia - Eweida v UK which clarified the application of Article 9 of the European Convention on Human Rights - R v Big M Drug Mart on the individual protections of religious freedom under the Canadian Charter of Rights. The book examines how legal disputes involving religion are among the most contested in the courts and shows that in these cases, passions run high and the outcomes can have significant consequences for all involved.
Law and Religion, An Overview: Volume I
by Silvio FerrariThe focus of this volume is on the historical and geographical elements of law and religion. The first part delineates and analyzes the relation between church and state from the Gregorian Revolution to the human rights era and gives a sense of the evolution of the church and state relationship, whilst the second part explores law and religion issues around the world. The volume redresses the tendency towards a western-centric approach in the discipline by including essays from regional experts which present local approaches to law and religion in Asia, Africa, and South America. The collection is unique in that it brings together wide-ranging case studies and out-of-print papers and is an important resource for established and new scholars in the field.
Law and Religion, An Overview: Volume I
by Silvio Ferrari and Rinaldo CristoforiThe focus of this volume is on the historical and geographical elements of law and religion. The first part delineates and analyzes the relation between church and state from the Gregorian Revolution to the human rights era and gives a sense of the evolution of the church and state relationship, whilst the second part explores law and religion issues around the world. The volume redresses the tendency towards a western-centric approach in the discipline by including essays from regional experts which present local approaches to law and religion in Asia, Africa, and South America. The collection is unique in that it brings together wide-ranging case studies and out-of-print papers and is an important resource for established and new scholars in the field.
Law and Religion (PDF)
by Russell SandbergThe worlds of law and religion increasingly collide in Parliament and the courtroom. Religious courts, the wearing of religious symbols and faith schools have given rise to increased legislation and litigation. This is the first student textbook to set out the fundamental principles and issues of law and religion in England and Wales. Offering a succinct exposition and critical analysis of the field, it explores how English law regulates the practice of religion. The textbook surveys law and religion from various perspectives, such as human rights and discrimination law, as well as considering the legal status of both religion and religious groups. Controversial and provocative questions are explored, promoting full engagement with the key debates. The book's explanatory approach and detailed references ensure understanding and encourage independent study. Students can track key developments on the book's updating website. This innovative text is essential reading for all students in the field.
Law and Social Change in Ghana
by William Burnett HarveyWhile Professor of Law and Dean of the Faculty of Law at the University of Ghana from 1962 to 1964, the author personally observed the evolving legal order in Ghana during a crucial period in that country's development. Here, he considers statutes and judicial decisions. Working from the premise that law is a value-neutral technique of social ordering and derives its value content from a dominant elite, Professor Harvey places the important Ghanaian constitutional and legal developments in their social context. He concludes that although democratic values have dominated the basic structure of public power, autocratic values have determined the realities of political life in Ghana.Originally published in 1966.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Law and Social Policy in the Global South: Brazil, China, India, South Africa
by Ulrike Davy Albert H.Y. ChenThe book is an in-depth study of the origins and the trajectories of the law governing social policies in Brazil, China, India, and South Africa, four middle-income countries in the global South with a history in social policy making that starts in the 1920s. The policies of these countries affect almost half of the world’s population. The book takes the legal framework of the policies as a starting point, but the main interest lies behind the letter of the law: What were the objectives and goals of social policy over the course of the last 100 years? What were the ideas, ideologies, and values pursued by relevant actors? The book comprises four country studies and a comparative study. The country studies concentrate on the political and social context of social policy making in Brazil, China, India, and South Africa as well as on the ideas, ideologies, and values underpinning the constitution, statutory laws, and case law that frame and shape social policy at the national level. The country studies are complemented by a comparative study exploring and describing the commonalities and differences in the ideational approaches to social policies across the four countries, nationally and – in the formative decades – internationally. The comparative study also identifies the characteristics that make Brazilian, Chinese, Indian, and South African social policies distinct from European social policies. With its emphasis on law and drawing on legal scholarship, the book adds a new dimension to the existing accounts on welfare state building, which, so far, are dominated by European narratives and by scholars with a background in sociology, political science, and development studies. This book is relevant to specialists and peers and will be invaluable to those individuals interested in the fields of comparative and international social security law, human rights law, comparative constitutional law, constitutional history, law and development studies, comparative social policies, global social policies, social work, and welfare state theory.
Law and Social Policy in the Global South: Brazil, China, India, South Africa
by Ulrike Davy Albert H. Y. ChenThe book is an in-depth study of the origins and the trajectories of the law governing social policies in Brazil, China, India, and South Africa, four middle-income countries in the global South with a history in social policy making that starts in the 1920s. The policies of these countries affect almost half of the world’s population. The book takes the legal framework of the policies as a starting point, but the main interest lies behind the letter of the law: What were the objectives and goals of social policy over the course of the last 100 years? What were the ideas, ideologies, and values pursued by relevant actors? The book comprises four country studies and a comparative study. The country studies concentrate on the political and social context of social policy making in Brazil, China, India, and South Africa as well as on the ideas, ideologies, and values underpinning the constitution, statutory laws, and case law that frame and shape social policy at the national level. The country studies are complemented by a comparative study exploring and describing the commonalities and differences in the ideational approaches to social policies across the four countries, nationally and – in the formative decades – internationally. The comparative study also identifies the characteristics that make Brazilian, Chinese, Indian, and South African social policies distinct from European social policies. With its emphasis on law and drawing on legal scholarship, the book adds a new dimension to the existing accounts on welfare state building, which, so far, are dominated by European narratives and by scholars with a background in sociology, political science, and development studies. This book is relevant to specialists and peers and will be invaluable to those individuals interested in the fields of comparative and international social security law, human rights law, comparative constitutional law, constitutional history, law and development studies, comparative social policies, global social policies, social work, and welfare state theory.
Law and Society in China
by Vai I. LoExamining the interplay between law and society from imperial to present-day China, this synoptic book traces the developments of law in Chinese societies. Vai Io Lo investigates the role of law in social governance, discussing China’s ongoing reforms towards the rule of law with Chinese characteristics. Offering a comprehensive overview of the interaction between law and society in China, this book simultaneously provides a glimpse of China in terms of history, polity, society, economy and philosophy. Opening with a discussion on what ‘law’ and ‘society’ are, Lo frames the discussion within the contexts of imperial China, the transitional period, the pre-reform era, and finally contemporary China. Utilising up-to-date analyses and Chinese characters alongside key concepts explained in English, this book will be beneficial to Chinese studies and Chinese law scholars looking for a more integrated insight into the background behind contemporary Chinese law. Legal practitioners working in the field will also find this book an important reference.
Law and Sustainability: Reshaping the Socio-Economic Order Through Economic and Technological Innovation (Economic and Financial Law & Policy – Shifting Insights & Values #6)
by Koen Byttebier Kim van der BorghtThis book deals with some aspects of the future shape of the socio-economic order which would be founded on sustainability principles and the role of law therein, instead of on the prevailing capitalist economic order. The volume elaborates in particular on how innovation, a crucial aspect of free-market capitalism and its laws which constitute the current socio-economic order, could result in a more sustainable economy which, in turn, could lead to a more sustainable society. Moreover, the book analyses current developments in financial and economic law and evaluates their perks, risks and sustainability levels.The book contains no less than 11 chapters in which a variety of experts share their state-of-the-art insights regarding specific domains of socio-economic life. As such, the book deals with topics that are at present fully under debate in societies, such as student credit and the dangers it entails, cryptocurrencies and how the law tries to regulate this basically private law instrument, groups of companies under Belgian (company) law, a proposal for improving the international monetary system, and seeds and intellectual property rights, besides various other similar themes. The book forms the latest volume of the book series Economic and Financial Law & Policy – Shifting Insights & Values, and fully complies with the series’ goal of critically examining the legal methods and mechanisms that shape the global free markets and proposing alternatives to them. The book will hereby prove a valuable instrument for all researchers investigating these matters, besides policymakers and their advisers as well as all lawyers active in the field of economic law who look for a new perspective on the subject matters dealt with.
Law and the Arab–Israeli Conflict: The Trials of Palestine (UCLA Center for Middle East Development (CMED) series)
by Steven E. ZippersteinDuring the British Mandate for Palestine (1922–1948), Arabs and Jews repeatedly used the law to gain leverage and influence international opinion, especially in three dramatic and largely forgotten trials involving two issues: the interplay between conflicting British promises to the Arabs and Jews during World War I, and the parties’ rights and claims to the Wailing Wall. Focusing on how all three parties – Arab, Jewish, and British – used the law and the legal process to advance their objectives during the Mandate years, this volume reveals how the parties availed themselves – with varying degrees of success – of the law and the legal process. The book examines various legal arguments they proffered, and how that early tendency to resort to the law as a tool, a resource, and a weapon in the conflict has continued to this day. The research relies almost entirely on primary source documents, including transcripts of the public and secret testimony before the Shaw, Lofgren, and Peel Commissions, diaries, letters, government files, and other original sources. This study explores the origins of many of the fundamental legal arguments in the Arab–Israeli conflict that prevail to this day. Filling a gap in research, this is a key text for scholars and students interested in the Arab–Israeli conflict, Lawfare, and the Middle East.
Law and the Arab–Israeli Conflict: The Trials of Palestine (UCLA Center for Middle East Development (CMED) series)
by Steven E. ZippersteinDuring the British Mandate for Palestine (1922–1948), Arabs and Jews repeatedly used the law to gain leverage and influence international opinion, especially in three dramatic and largely forgotten trials involving two issues: the interplay between conflicting British promises to the Arabs and Jews during World War I, and the parties’ rights and claims to the Wailing Wall. Focusing on how all three parties – Arab, Jewish, and British – used the law and the legal process to advance their objectives during the Mandate years, this volume reveals how the parties availed themselves – with varying degrees of success – of the law and the legal process. The book examines various legal arguments they proffered, and how that early tendency to resort to the law as a tool, a resource, and a weapon in the conflict has continued to this day. The research relies almost entirely on primary source documents, including transcripts of the public and secret testimony before the Shaw, Lofgren, and Peel Commissions, diaries, letters, government files, and other original sources. This study explores the origins of many of the fundamental legal arguments in the Arab–Israeli conflict that prevail to this day. Filling a gap in research, this is a key text for scholars and students interested in the Arab–Israeli conflict, Lawfare, and the Middle East.