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This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law from a dogmatic perspective. The reason is the inherent connection between the formation of the non-treaty sources of international law and state interest that makes it difficult, if not impossible, to assess state practice or opinio juris in the case of altruistic obligations. The book further demonstrates this finding by looking at two cases in point: Human rights and humanitarian exceptions tothe prohibition of force.

Public law notions seen from shari'a law perspective have not been duly discussed in Islamic countries. In the discourse of rule of law in Islam we are confronted with a dilemma, moral values of a religion are not compatible with the coercive legislative measures. Thus the authentic application of shari'a rules is feasible only if a scientific hermeneutic of shari'a law is adapted to the exigencies of today's modern life, while the outlook on the boundaries of hermeneutic remains obscure. The first section of this article, introductory discourse, scrutinizes the fallacy of different theories on the notion of justice leading to the concept of "rule of law" in general. The second section focuses on the rule of law in Islam. Concluding ideas are presented in the final section, conclusion.

This article will explore risk spreading practices in the so-called 'popular economy' in South Africa. Concepts like 'insurance', 'insurance law' and 'customary law' will be interrogated, with the analysis falling on traditional and more modern informal responses to risk, as well as more formal responses resulting from the increased penetration of private insurance in the democratic era. This contribution aims to address concerns expressed about both informal and formal risk spreading practices, to argue towards a conclusion that a pluralistic notion of 'insurance' should not necessarily be sacrificed in service of corporate profit aims. Value remains in 'customary insurance law', and these cultural responses may provide evidence of a broader contract value system to be used in the service of developing the South African laws of contract and insurance. At very least, this value system should inform concepts like consumer insurance law and should be foregrounded in developing a notion of micro-insurance. South Africa has the potential to be a world leader in the field of customary insurance law, as the failings of a comparable system – funeral insurance in Australia – demonstrate.

In this ground-breaking study, taken on the initiative of U.S. Supreme Court Justice Sandra Day O'Connor, Thomas M. Franck, and Gregory H. Fox explore the use of international law decisions by national courts, providing in-depth materials for answers to such critical and practical questions as: To what extent do national judges treat the decisions of their international colleagues as binding or persuasive? Do national judges regard the outcomes of international decisions as res judicata? As evidence of law or fact? Published under the Transnational Publishers imprint

Frontmatter -- Acknowledgments -- Contents -- Contributors -- Law and the Utopian Imagination: An Introduction -- The One and Only Law: Walter Benjamin, Utopianism, and the Second Commandments -- Law, Utopia, Event: A Constellation of Two Trajectories -- "What about Peace?": Cotton Mather's Millennium and the Rise of International Law -- Globus terraqueus: Cosmopolitan Law and "Fluid Geography" in the Utopian Thinking of Immanuel Kant and Joseph-Pierre Proudhon -- Dystopian Narratives and Legal Imagination: Tales of Noir Cities and Dark Law -- Index

Das Collaborative-Law-Verfahren ist vermutlich das jüngste und eigenwilligste Mitglied in der Familie der ADR-Methoden. Vor etwa 20 Jahren begann sein Siegeszug durch die Landschaft der familienrechtlichen Streitbeilegung in den USA. In Deutschland gibt es inzwischen erste Ausbildungsgänge und vereinzelt Netzwerke, die dieses Verfahren anbieten. Der Beitrag beleuchtet Charakteristika dieser Methode wie auch Chancen und Grenzen der Nutzung von Collaborative Law in Deutschland.

In A Common Law for Labor Relations: A Critique of the New Deal Labor Litigation, Professor Epstein claimed to have undertaken serious criticism and review of the American system of labor relations as it has been structured by two pieces of New Deal era legislation. Although such a work could have been of great value to diverse disciplines, Epstein's lacks empirical scope and raises methodological questions. Instead of grappling with the subject matter seriously, Epstein merely uses the late nineteenth century form of the common law as a benchmark against which to compare the modern statutory schemes set forth in the Norris-LaGuardia Act and the National Labor Relations Act. As a result, he never answers the questions a genuine critical evaluation would have to address. In this response, the authors argue that Professor Epstein's work does not contribute in any way to our existing knowledge about labor law, it sheds no light on the reality of labor relations, and it adds nothing to our understanding of the impact labor law has had on society.