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This chapter analyzes how the empire of the Great Mughals worked on the ground, beginning by dismissing the widespread idea that it was more powerful than its medieval predecessors because it adopted artillery and gunpowder weapons. Cavalry and horsemanship, not artillery or infantry, remained its chief military asset. Moreover, methods of cavalry warfare were disseminated to segments of Indian society previously dominated by infantry. As a result, a culture of chivalry prevailed. This was a culture of a horse-riding nobility, both Muslim and Hindu, and of institutionalized dissidence and privilege that developed under conditions of growth and the monetization of the economy that accompanied the expansion of world trade and the influx of American and Japanese silver through the sea trade. If the constitution of the Mughal empire was thus grounded in Turko-Mongol customary law, this chapter goes on to show that the entire system of Mughal governance and the administration of justice broadly evolved within the same matrix of customary law, not the canonical or prescriptive texts of the Sharia.
Notwithstanding Josserand’s ardent and decades-long exhortations, the theory has remained controversial in France; a proposal in the mid-twentieth century to bring it into the Civil Code was abandoned. The Benetton case offers a troubling illustration of the potential for arbitrariness left in Josserand’s wake. Because its courts express themselves in English, Louisiana is a convenient example of the many civil law jurisdictions which pay lip service to abuse of right but scarcely apply it. The common law does just as well without it (as good judges everywhere, unenthusiastic about the expansion of judicial discretion, seem to prefer). The Himpurna case provides an illustration of the unnecessary invocation of abuse of rights.
Typological portrayals of black Christians or black proto-Christians in missionary texts from late sixteenth- and early seventeenth-century Spanish America acknowledge black men’s and women’s interiority and intellectual capacities, whatever their level of civility, as a means of justifying their ability to become Christians. The juxtaposition of three generic types of black subjects in this chapter demonstrates that even as racial hierarchies in the Iberian world were cohering and increasingly associating blackness with bodies direly in need of civilizing tutelage, theological discourse left open a loophole for conceiving of black intellectual capacities and spiritual virtue.
This chapter discusses the relevance of addiction to the law in the United States. Current law pertains almost solely to substance addictions, as there is no legal status pertaining to most behavioral addictions. Particular emphasis is placed on the law’s impact on the provision of care and research of addiction. The conflicting legal concerns for confidentiality of treatment and research, on the one hand, and apprehension of addicts who break the law, on the other hand, are examined.
The infinite variety of ephemeral arbitral tribunals may well use abuse of right as a high-sounding phrase to justify their intuitions, but it takes more than that to establish a general principle of international law under the Statute of the International Court of Justice. The Court itself has never decided a case on the basis of abuse of right. In one of its judgments in 2018, its prudence with respect to such abstract notions was illustrated by refusal to accept ‘legitimate expectations’ as a general principle.
‘Abuse of rights’ cannot be defined without using open-textured formulations which impede predictability. Bin Cheng did not call abuse of rights a principle, but a theory. In his laudatory preface of Jean-David Roulet’s comprehensive rejection of the notion that it could serve as a rule of international law, Cheng in fact declined to take a position as to ‘the place of the theory in international law’. Among national legal systems, the most notable movement to establish a principle of abuse of rights (expressed nowhere in the French Civil Code) arose in France at the end of the nineteenth century. It was, and remains, controversial. The common law has found ways to place limitations on the attempted exercise of rights without using the generic reference to abuse as a rule of decision. Conceptually, the notion of abuse of rights is not a necessary corollary to that of good faith.
Anas Aremeyaw Anas has been called Africa’s “most notorious” journalist.1 He has produced documentaries extensively about human rights and corruption in Africa. As an undercover investigator, he is infamous for working in disguise. Operating under the mantra, “name, shame, and jail,” Anas describes himself as a “modern day crime fighter.” Anas has won numerous accolades, in Ghana and internationally, for work exploring illegal mining, sex work, infertility clinics, mental health care, cocoa plantations and child labor, corruption in the judiciary and international football. Anas sat down for an interview with Rachel Ama Asaa Engmann in 2018 to discuss his methods and interests.
Although the International Criminal Court (ICC) has been heralded as a success story for gender justice, in practice prosecutions of sexual and gender-based crimes (SGBC) have often ended with acquittal at the court. Gender studies in international relations explain the lack of successful SGBC prosecutions by looking to the influence of older gender biases in international law, which preclude the successful implementation of the novel Rome Statute provisions criminalizing SGBC. This article suggests that “forgetting” the gender justice norm insufficiently explains the outcome of the ICC's SGBC prosecutions. The article argues that ICC judges “remembered” another norm of criminal justice, long forgotten in international trials – strict compliance with the personal culpability principle – which has resulted in tension between different visions of justice in the court's practice: delivering substantive justice for SGBC victims v. safeguarding the defendant's rights by upholding criminal law principles.
This article explores some aspects of the Canadian Supreme Court’s decision on Nevsun Resources v Araya in the light of its exposition on the act of state doctrine and application of core human rights as an integral aspect of international customary law and common law. It examines the Nevsun decision in the context of recent statutory developments in France and the Netherlands, the promised law reform in the European Union, and the proposed business and human rights treaty. I argue that it is high time to abandon the doctrinal fossil that human rights obligations do not apply to corporate governance and operations. It is hoped that COVID-19 contexts, and a post-pandemic world, will expeditiously result in the willing adoption of a treaty on business and human rights.
This paper focuses on consumer-generated reviews (CGRs), which are an increasingly influential source of consumer information. In particular, the paper highlights specific problems associated with CGRs, which questions their role as a reliable information source. Flowing from this, the paper calls for closer regulatory scrutiny of review platforms, which play an important intermediary role in facilitating the provision of CGRs. To this end, the paper considers possible regulatory responses in the EU which may address some of the issues highlighted.
Evidence of a link between the retrenchment of the welfare state and the expansion of the penal state has sparked a debate about the existence of a nexus. In this study, we critically explore this link by focusing on political parties. First, we argue that welfare and penal policies are likely to follow distinct paths, with left-liberal/green parties pushing for less punitive penal and market-liberal/conservative parties for less generous welfare policy. Second, we only expect a nexus between both policy domains if conservative or “third way” social democratic governments are in power. The former follows a coherent ideology, the latter compensates for welfare retrenchment with tough-on-crime policies. We test these claims quantitatively on a unique dataset covering all changes to welfare and penal legislation in Denmark, Germany, the United Kingdom and France between 1990 and 2014 and find our expectations supported except conservative influence on the penal–welfare nexus.
This article explores the issue of whether individuals who join enemy forces during international armed conflicts are entitled to prisoner of war status upon capture. It presents the long-running debate on the topic through a study of divided scholarly opinions and judicial decisions. An original analysis of the competing theories is conducted on the basis of available state practice, treaty interpretation methodology, and novel critical arguments and proposals. The article seeks to challenge the value attributed to mainstream academic opinions and judicial precedents and open the debate in an area of international humanitarian law that is still under development.
This paper brings a constitutional economics perspective to bear on the World Health Organization (WHO), the flagship United Nations intergovernmental health organisation, which is obligated by its Constitution to achieve ‘the highest possible level of health’ for the world's peoples. The WHO has in the seven decades of its existence used its formidable legislative powers only sparingly. It has been widely chided for being weak in regional coordination and unresponsive to transnational emergencies like the West African Ebola outbreak of 2014–2016. In 2020, it found itself at the centre of the COVID-19 pandemic and in the middle of the Sino-American geopolitical tug-of-war. This paper traces the discordance between the Constitution's stated purposes and the actual track record of the WHO not back to its organisational culture nor to weak leadership but to the design of the Constitution itself. It analytically distinguishes the Constitution's expressive from its instrumental halves, and shows that, whilst the former embodies a ‘constitutional moment’ of international health solidarity right after the Second World War, the latter embodies a reserved and limited delegation from member-states that are jealous of their sovereignty.
With a focus on situations of protracted conflict, this article explores the new horizons offered by the recent explanation by the United Nations Human Rights Committee on the right to life in its General Comment 36. The freshly formulated contours of this right not only present normative clarity but are also valuable for conflict management and resolution. Considering the articulation by the Human Rights Committee, we can now see two dimensions of this right: existence and dignity. Although the existence dimension is not new, one now finds additional insights concerning the legality, transparency and accountability of the use of lethal force that have particular relevance to armed conflict. The new dignity dimension has practical implications for the conditions of life in protracted conflicts, taking us beyond norms to the policy spheres of humanitarian action and development. Tracing the origins of the term “protracted conflict” to the late Lebanese scholar Edward Azar, the article also introduces the reader to some of his work and thinking.
The second chapter of Part II treats the first episode in the Narrative of the Transjordanian Tribes. The episode depicts two of Israel’s twelve tribes petitioning Moses to be allowed to occupy territories on the eastern side of the Jordan; their petition incenses Moses, and in responding to his outrage, the tribes affirm the bipartite basis for their affiliation with the nation: kinship and obedience.
These conclusions to the entire book begin by comparing ancient Near Eastern war memorials preserved in the archeological record, on the one hand, to biblical war commemoration that has been transmitted for millennia, on the other. Where one was carved in stone and displayed in competing palaces, the other was conducted in the framework of a single, yet composite, narrative (a “movable monument”). In contrast to what we encounter in ancient Egypt and Western Asia, the societies of the East Aegean produced forms of war commemoration that are much more similar to the biblical writings. After presenting a selection of this evidence from ancient Greece, the chapter examines some of factors that help explain the commonalities between “Athens and Jerusalem.” It then turns back to Wellhausen and reflects on the larger implications of the book for political theology.
The Royal College of Psychiatrists’ continuing professional development (CPD) module on clinical ethics in psychiatry by Pearce & Tan describes some common ethical dilemmas in psychiatric practice and the work of clinical ethics committees in analysing these dilemmas. In this article we build upon their work and offer additional exploration of the nature of ethical dilemmas in psychiatry. We also build upon the models of reasoning that are described in the module and suggest ways for psychiatrists to think about ethical dilemmas when a clinical ethics committee is not available.
Writing a program that does what you want is a great achievement – but this is only the first life-stage of a successful program. This chapter discusses how you can improve your program so that it will be more maintainable and more efficient, without breaking it in the process. We discuss how to improve your own skills, e.g. using katas.
Referrals (particularly natal female) to gender identity clinics have increased significantly in recent years. Understanding the reasons for this increase, and how to respond, is hampered by a politically charged debate regarding gender identity. This article starts with a discussion of the so-called ‘affirmative approach’ to gender dysphoria and considers the implications of the Memorandum of Understanding on conversion therapy. I then say something about the relationship between gender dysphoria and the developmental problems that are characteristic of adolescence. Finally, I outline what changes to the current approach are needed to do our best to ensure these patients receive the appropriate treatment.
In this article, I confront Parfit’s Mixed Maxims Objection. I argue that recent attempts to respond to this objection fail, and I argue that their failure is compounded by the failure of recent attempts to show how the Formula of Universal Law can be used to demarcate the category of obligatory maxims. I then set out my own response to the objection, drawing on remarks from Kant’s Metaphysics of Morals for inspiration and developing a novel account of how the Formula of Universal Law can be employed to determine the deontic status of action tokens, action types and maxims.