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Articles 1 - 13 of 13
Full-Text Articles in Law
Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed
Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed
Theses and Dissertations
The fact that there is a constant conflict between individual rights and state or social interests has historically provoked the question of how to balance or harmonize such conflicting interests? On what basis shall the legislator or the judge decide in favor of this or that right in his legislation or judgement? Where shall we, for example, draw the line between the right to freedom of expression and the right to protect one’s honor and reputation? How could the legislator find the compromise between the state duty to protect fetus life and its obligation not to interfere with woman’s right …
Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane
Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane
Theses and Dissertations
Much of the debate around women’s rights in legal systems focuses on the increase of protection as a legal mechanism for approaching and guaranteeing gender equality. Yet, what extensive or comprehensive analysis has been done on how effective such laws are when applied? This thesis discusses the extent to which a feminist legal theory, separate and distinct from the patriarchal legal system, can demonstrate how an Islamic or Napoleonic order is conceptually another male rationality. While one could possibly identify inefficiencies of laws proclaiming equality and protection for women, the context of the question is inevitably entrenched in the very …
The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix
The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix
Theses and Dissertations
The (hi)stories of international law have strengthened the tentacles of coloniality in the legal regime as they continue to taunt the precarious lifeworlds of people, our planet and social imaginaries of an otherwise. The flow of coloniality has similarly rematerialized in decolonial legal theories and the postcolonial historiographical accounts of international law. I intend to demonstrate this colonial revival in the groundbreaking text of Antony Anghie Imperialism, Sovereignty and the Creation of International Law (2005) which challenged the (hi)stories of traditional jurisprudence. The latter was not necessarily a rejection nor negation of Western thought, because I argue that postcolonial historiography …
Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros
Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros
Theses and Dissertations
The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …
Framework For Enhanced Applicability Of The Egyptian Public Procurement Law To International Administrative Construction Contracts, Amr Abu Helw
Theses and Dissertations
Local governments and public authorities conclude contracts for the purpose of acquisition of goods, delivery of services and construction of public facilities like bridges, infrastructures and public buildings. A public contract is an agreement to perform particular tasks financed by government funds to the benefit of the whole community. Private entities and corporations are subject to stricter standards in their dealings with the government than in private transactions. Conversely, the government must deal fairly and equitably with those who it contracted with to achieve successful implementation of the projects. On October 3, 2018, a new Egyptian public procurement law, namely, …
Finding Neverland? Artificial Intelligence And The Jurisprudence Of Legal Certainty, Omar Zaky
Finding Neverland? Artificial Intelligence And The Jurisprudence Of Legal Certainty, Omar Zaky
Theses and Dissertations
The development of artificial intelligence (AI) models that are capable of predicting the decisions of prominent courts – most notably the European Court of Human Rights and United States Supreme Court – provides us with an opportunity to revisit important jurisprudential debates regarding the quest for legal certainty. Through providing clear distinctions within formalistic jurisprudence, and its, subsequent, realist critique; this thesis seeks to analyze legal decision-making and its relationship with artificial intelligence. I argue that, AI’s deterministic nature and its support for the law being an “entirely self-contained process” does lend some credence to certain jurisprudential arguments. However, this …
The Utilization Of The Rule Of Law For Economic Development In Developing States: The Case Of Egypt From Nasser To Mubarak, Mohamed M. Ahmed
The Utilization Of The Rule Of Law For Economic Development In Developing States: The Case Of Egypt From Nasser To Mubarak, Mohamed M. Ahmed
Theses and Dissertations
Neoliberal development proponents argue that the rule of law is essential for achieving economic development. It demands adjusting legislative and legal institutional practices to enforce and protect market operations, and the minimizing of state intervention. The IFIs and the developed states adopted this development approach in dealing with developing states through conditional-based lending. Through attaching structural regulative adjustments and the reformation of juristic institutions as preconditions to their fiscal assistance, the IFIs, influenced by the developed states, were able to impose a system of legal economic governance over the developing economies. Across the different development stages, developing states who did …
Harry Potter And The Gluttonous Machine, Jason A. Beckett
Harry Potter And The Gluttonous Machine, Jason A. Beckett
Faculty Journal Articles
In this paper, I outline the colonial structure of international law, and examine the short decline or suppression of its coloniality in the so-called ‘era of decolonisation’, then illustrate its resurgence in the modern neo-colonial order. PIL has split into two separate systems. One includes, and is justified by, the heroic tales of human rights and ‘Humanity’s Law’. The other is the actualised system of International Economic Law (IEL), an order driven by the need of the over-developed states to plunder the under-developed states’ resources and labour, to subsidise the luxury to which we have grown accustomed. One purports to …
The Deceptive Dyad: How Falseness Structures International Law, Jason A. Beckett
The Deceptive Dyad: How Falseness Structures International Law, Jason A. Beckett
Faculty Journal Articles
Public International Law (PIL) is portrayed as an autonomous and tolerably just legal system. A determinable system of rules and principles, deployed by professionals to evaluate and constrain the global machinations of power politics. Law as an authoritative structure through which global justice can be pursued. This entrenches a comforting, but false, progress narrative; and obscures the limitations of pursuing progressive change through international law. PIL is structured by false necessity and false contingency. These interact to create the Deceptive Dyad, which disguises the radical indeterminacy of PIL. PIL’s purported demands, however meticulously crafted, do not effect change in the …
Microwaving Dreams? Why There Is No Point In Reheating The Hart-Dworkin Debate For International Law, Jason A. Beckett
Microwaving Dreams? Why There Is No Point In Reheating The Hart-Dworkin Debate For International Law, Jason A. Beckett
Faculty Book Chapters
A critique of attempts to transpose Hart and Dworkin's legal theories to international law. I demonstrate why neither approach can provide insights into international law. Hart and Dworkin are institutional theorists, their methodologies are anchored by the need to justify the exercise of socially centralised violence. International law lacks both institutions and centralised violence, and the stabilising force these bring; it is radically indeterminate. Attempts to suppress this indeterminacy have resulted in international lawyers fragmenting into communities of practice, united by their eschatological faith in the international community. I challenge this faith.
Texts, Language, And History In The Madhab-Law Tradition: A Study Of The ShāfiʿĪ School, Tarek Ghanem
Texts, Language, And History In The Madhab-Law Tradition: A Study Of The ShāfiʿĪ School, Tarek Ghanem
Theses and Dissertations
This thesis advances the study of the legal literature from the madhhab-law tradition by way of studying the Shāfiʿī literary tradition and its two most authoritative classics. These two works are al-Nawawī’s (d. 676/1278) digest Minhāj al-ṭālibīn and Ibn Ḥajar al-Haytamī’s (d. 974/1567) commentary on it, Tuḥfat al-minhāj. This study will provide a typology of the development of the Shāfiʿī juristic texts. The typology is based on an indigenous and coherent periodization centered around an analysis of the intellectual and social developments within the Shāfiʿī legal tradition, not the classical Eurocentric periodization scheme. The main objective of this typology is …
Neoliberalism, Violence And Capital Accumulation, Reem M. El Barbary
Neoliberalism, Violence And Capital Accumulation, Reem M. El Barbary
Theses and Dissertations
This dissertation looks into the violent, self-serving legal (neocolonial) order that revolves around wealth accumulation and the defense and sustainability of the status quo. The starting point and core idea that guides my discussion is the “redemptive” ideological framework and commitment to free market economies and profit-making. I thus look into the narratives upon which an alliance between development, progress, human rights and neoliberalism rests, in a manner that limits and restricts involvement and action; and normalizes and legitimizes suffering, ill-doing and irresponsibility through law. I examine the interdisciplinary and multilayered reality of repression that state sponsored, and supported, bodies …
The Egyptian Legal System Over Twenty Years: Overview And Assesment, Ziad Bahaa-Eldin
The Egyptian Legal System Over Twenty Years: Overview And Assesment, Ziad Bahaa-Eldin
Faculty Book Chapters
The second of two issues, this volume covers aspects of Egyptian society. Contributors include: Donald Cole, Soraya Altorki, Asef Bayat, Eric Denis, Enid Hill, Ziad Bahaeddin, Malak Rouchdy, Linda Herrera, Jim Napoli, Hussein Amin, Mahmoud al-Lozy, Cynthia Nelson, and Shahnaz Rouse.