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This clear and authoritative introduction to the principles of private international law, a complex and rapidly changing area, now appears in a revised and fully updated form. The English conflict of laws is a body of rules whose purpose is to assist an English court in deciding a case which contains a foreign element. In this new third edition, the chapters on tort, jurisdiction, and staying of actions have been almost entirely rewritten. The chapter on the Brussels and Lugano Conventions has been recast and expanded. The growing influence of European Union law on UK private international law is evident in this third edition, which will be a valuable text for students and practitioners alike.
Conflict of laws --- privaatrecht, internationaal --- Groot-Brittannië --- recht, internationaal --- 341.5 --- AA / International- internationaal --- INTERNATIONAAL PRIVAATRECHT V 31 --- V31 - Droit international privé - Internationaal privaatrecht --- Internationaal privaatrecht --- Law --- General and Others --- Conflict of laws - Great Britain.
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Former Archbishop of Canterbury Rowan Williams triggered a storm of protest when he suggested that some accommodation between British law and Islam's shari'a law was 'inevitable'. His foundational lecture introduced a series of public discussions on Islam and English Law at the Royal Courts of Justice and the Temple Church in London. This volume combines developed versions of these discussions with new contributions. Theologians, lawyers and sociologists look back on developments since the Archbishop spoke and forwards along trajectories opened by the historic lecture. The contributors provide and advocate a forward-looking dialogue, asking how the rights of all citizens are honoured and their responsibilities met. Twenty specialists explore the evolution of English law, the implications of Islam, shari'a and jihad and the principles of the European Convention on Human Rights, family law and freedom of speech. This book is for anyone interested in the interaction between religion and secular society.
Religion and law --- Islamic law --- Conflict of laws --- Conflict of laws (Islamic law) --- Law --- Law and religion --- Civil law (Islamic law) --- Law, Arab --- Law, Islamic --- Law in the Qurʼan --- Sharia (Islamic law) --- Shariʻah (Islamic law) --- Law, Oriental --- Law, Semitic --- Religious aspects --- Arts and Humanities --- Religion --- Religion and law - Great Britain. --- Islamic law - Great Britain. --- Conflict of laws - Great Britain. --- Conflict of laws (Islamic law) - Great Britain. --- Islamic law - Europe. --- Religion and law - Europe. --- Conflict of laws - Europe.
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Gay marriage and abortion are among the host of morally charged and deeply divisive topics demanding a reasoned response and leadership from religious bodies. Attention is given to the judicial interpretation and evaluation of these and other issues that now undermine the traditional role of the Church of England. As the interface between religion, charity law and human rights becomes steadily more fractious, with religious fundamentalism and discrimination acquiring a higher profile, there is now a pressing need for a more balanced relationship between those with and those without religious beliefs. This book will be an invaluable aid in starting the process of achieving a triangulated relationship between the principles of canon law, charity law and human rights law. Thirdly, given that history, it identifies and assesses the particular implications that now arise for the Church as a consequence of recent charity law reform outcomes and human rights case law developments: a comparative analysis of religion related case law is provided. Finally, following an outline of the structure and organizational functions of the Church, a detailed analysis is undertaken of its success in engaging with these issues in the context of the Lambeth Conferences, the wider Anglican Communion and in the ill-fated Covenant initiative. From the perspective of the dilemmas currently challenging the moral authority of the Church of England, this book identifies and explores the contemporary ‘moral imperatives' or red line issues that now threaten the coherence of Christian religions in most leading common law nations. This book examines the interface between religion, charity law and human rights. It does so by treating the Church of England and its current circumstances as a timely case study providing an opportunity to examine the tensions that have now become such a characteristic feature of that interface. Firstly, it suggests that the Church is the primary source of canon law principles that have played a formative role in shaping civic morality throughout the common law jurisdictions: the history of their emergence and enforcement by the State in post-Reformation England is recorded and assessed. Secondly, it reveals that of such principles those of greatest weight were associated with matters of sexuality: in particular, for centuries, family law was formulated and applied with regard for the sanctity of the heterosexual marital family which provided the only legally permissible context for any form of sexual relationship.
Charity laws and legislation -- Great Britain. --- Church and state -- Great Britain. --- Church of England. --- Conflict of laws -- Great Britain. --- Ecclesiastical law --- Church and state --- Charity laws and legislation --- Law, Politics & Government --- Law - Non-U.S. --- Law - Great Britain --- Law, General & Comparative --- Conflict of laws --- Anglican Church --- Anglikanskai︠a︡ t︠s︡erkovʹ --- Ecclesia Anglicana --- Kirche von England --- Law. --- Religion. --- Public law. --- Human rights. --- Social policy. --- Public Law. --- Religious Studies, general. --- Social Policy. --- Human Rights. --- United Church of England and Ireland --- National planning --- State planning --- Economic policy --- Family policy --- Social history --- Religion, Primitive --- Atheism --- God --- Irreligion --- Religions --- Theology --- Law --- Public law . --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Law and legislation
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