Islamic financial jurisprudence has always had the stated aim of enhancing human welfare, and therefore prohibitions must be seen through the lens of welfare-enhancing regulation of financial practices. In today’s age of financial engineering, utilizing many of the legal and financial advances of the past two decades, it is quite easy to synthesize the contracts that classical and contemporary ...

INTRODUCTION ......................................................................................854 I. THEORIES AND CRITIQUES OF PUNITIVE DAMAGES ........................857 A. The History and Theories of Punitive Damages Awards ......... 857 B. Critiques of Punitive Damages ........................................... 860 II. THE SUPREME COURT’S PUNITIVE DAMAGES JURISPRUDENCE .......863 III....

Reproductive rights are constructed through a gender-conscious reading of already recognized human rights. We argue that despite the increasingly strong recognition of reproductive rights in international human rights law by the treaty-monitoring bodies and international tribunals, the jurisprudence of the European Court of Human Rights (“ECtHR” or “the Court”) reflects a limited understanding ...

one of Dr. MeLeod's concluding sentences, " that, if the medico-legal experience acquired by each medical officer who lias held civil office in India since the British occupation had been continuously fixed, and the results of the experience of all arranged, compared, and generalized, a magnificent body of ethnological and medico-legal science of vast practical utility would now exist, which li...

This small handbook on Medical Jurisprudence is primarily intended for the use of policeofficers, native magistrates, and vakeels. That such a book was required is evident from the fact that although these officers have daily to deal with criminal cases involving medicolegal questions, the subject of medical jurisprudence finds no place iu their qualifying examinations ; and the only existing s...

A contextual approach to the study of sanction maps an important connection between the behavioral sciences and jurisprudence .I Modem jurisprudence is open to the scientific study of every phase of law in society. The problems may be conceived from the point of view of a contemplative spectator of events or of an imaginative manipulator who thinks in terms of postulated goals.2 Although the pr...

The notion of neutrality has long been criticised in the mediation literature. It is often said that mediator neutrality is a myth that hides the reality of the impact of the mediator on both the content and the process of mediation. Despite these criticisms neutrality continues to be seen as central to mediation theory and to the acceptance of mediation as a legitimate, fair and just process. ...

The importance of language and terminology for the law and the jurisprudence is beyond question because language is a central subject of a lawyer's work (Hatz 1963, Salton/McGill 1983). The particularity of the legal language is the use of a special vocabulary of legal terms which are used to express definite concepts. The presence of a particular term has specific connotations. Legal thinking ...

Despite the exceptionally high rates of domestic violence in Alaska, Alaskan jurisprudence affords battered women varied and sparse guidance for the use of their experience as a battered woman in criminal trials. Of the minimal guidance offered, none arises in the form of a binding Alaska Supreme Court opinion, rule of evidence, or governing statute. As one of the few states lacking established...