| Srl | Item |
| 1 |
ID:
174139
|
|
|
|
|
| Summary/Abstract |
Ahmad Qabil (d. 2012) was a mid-ranking seminarian who achieved considerable fame in Iran due to his foregrounding of reason in his jurisprudential writings, his opposition to both the strict ‘literalist’ version of sharica law propounded by the authorities in the Islamic Republic and the authoritarian regime of Ayatollah Khamenei, and for his 2004 fatwa which permitted women the choice about head covering (hijab). His commitment to reason and justice meant that his political and jurisprudential compositions and activities cannot be divorced from each other; rather, they developed in symbiotic fashion. Largely ignored by Western scholars, this article examines Qabil’s contribution to the so-called ‘New Religious Thinking’ movement in Iran. His writings and activities are significant because the reason-driven approach reflects an attempt to navigate a path based on sources within the Islamic jurisprudential tradition towards ‘universal’ standards that are common in the West, and thereby avoid the accusations of ‘cultural erosion’ through intellectual borrowing from the West.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 2 |
ID:
113514
|
|
|
| 3 |
ID:
116554
|
|
|
|
|
| Publication |
2012.
|
| Summary/Abstract |
Attacks against media professionals and human rights defenders do not only harm the individual victim but the whole society. In the system of the UN Human Rights Committee (HRC), the issue of the legal protection of these groups of individuals has essentially been equated with the protection of the main civil forces which influence domestically the achievement of the democratic values and objectives that are enshrined in the International Covenant on Civil and Political Rights. In the supervision of a State's compliance with the treaty, the HRC builds on and expands its existing jurisprudence on violence against the individual by increasingly developing and improving a multilevel framework of the State's obligations that extend to critical procedural safeguards. Given the stakes involved, the legal protection of media professionals and human rights defenders has become a key case-study of effectiveness and rigour of every international law system of human rights.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 4 |
ID:
087530
|
|
|
|
|
| Publication |
2009.
|
| Summary/Abstract |
According to Carl Schmitt, in his late work The Nomos of the Earth, published in 1950, the long evolution in the relation between humans and the earth has been decisive for the nature of traditional legal order. The historical links to European international jurisprudence (ius publicum Europaeum) have decayed with the old world order that supported them. Territoriality, once the foundation of the nation-state has evolved, causing a parallel change in the nation-state paradigm of sovereignty and the fabric of international law which has its basis in that paradigm. If Schmitt is correct in his prognoses about the end of a global era and the rise of a new yet uncharted world order in the mid-1940s, then the architects of the nascent European Coal and Steel Community face the same conditions, and must carry out their work with the same cultural, social and juridical raw materials, against the backdrop of the same concrete historical experience. This article will attempt to continue the trajectory of Schmitt's historical analysis of the ius publicum Europeaum, suggesting how its central concepts and theses map onto the grand geopolitical and civilisational project of European construction from 1950 to 2004 and beyond. It will explore the applicability of the concept of nomos for the nature of EU evolution, and interpret general elements of the European legal system in terms of the concept of nomos.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| 5 |
ID:
127106
|
|
|