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According to theories of international order-making, the most powerful states seek to institute global norms that suit their interests. Less appreciated, however, is that powerful states have also sought to undermine certain norms to maintain particular types of order. With their outsized influence in the international system, how do great powers resist emerging norms? This article presents a case illustration of US strategies to resist the reemerging anti-nuclear weapon norm. This norm was institutionalized in July 2017 with the adoption of the Treaty on the Prohibition of Nuclear Weapons (TPNW). Though US strategies did not stop the norm from codification within the TPNW, US actions seek to maintain this norm in a state of limbo, whereby the norm does not become fully entrenched within the international system. [ABSTRACT FROM AUTHOR]

The article is a review of the book "Codification of Administrative Law: A Comparative Study on the Sources of Administrative Law" edited by Felix Uhlmann. The book examines the codification of administrative law in 13 countries, including Australia, Austria, Belgium, Canada, France, Germany, Italy, the Netherlands, Norway, Sweden, Switzerland, the United Kingdom, and the United States. It explores the definition of administrative law in each country, the sources of administrative law, and the extent to which principles have been codified. The book also discusses the advantages and disadvantages of codification and calls for further research in the field of administrative law. [Extracted from the article]

By codifying the law of the sea, its rules are systematized. From the point of view of how the codification of the law of the sea is carried out, it can be: unofficial codification and official codification. The unofficial codification of the law of the sea is carried out in the form of numerous codification projects developed by some doctrinaires. Unofficial coding is not mandatory for its subjects. The official codification of the law of the sea is carried out by the states. It has a binding character for the subjects of the law of the sea, insofar as they recognize the codification acts (becoming parties to the codification conventions). [ABSTRACT FROM AUTHOR]

The highest written legal basis in the unitary state of the Republic of Indonesia is the 1945 Constotution of the Republic of Indonesia. This means that some provisions in the 1945 Constitution of the Republic of Indonesia gelede normstelling need further regulation with laws and regulations. Given that the product of state law is the Constitution and laws and regulations, it is correct and appropriate if some provisions in the Constitution are further regulated by laws and regulations. The laws and regulations, as stipulated in the 1945 Constitution of the Republikc of Indonesia are Law, Perpu, PP, Perpres.G [ABSTRACT FROM AUTHOR]

The article explores gaps in understanding privilege law through the case of Alton Logan, wrongfully imprisoned due to a concealed confession protected by attorney-client privilege. It questions the origin and impact of privileges, using the concept of "agnotology" to analyze actively produced ignorance in shaping legal constructs. It highlights the unexpected omission of privileges from the Federal Rules of Evidence, tracing the controversial history of their codification.

There are few American legal codifications as successful as the Federal Rules of Evidence. But this success masks the project’s uncertain beginnings. The drafters of the Federal Rules worried that lawmakers would not adopt the new rules and that judges would not follow them. As a result, they included at least thirty rules of evidence that do not, in fact, alter the admissibility of evidence. Instead, these rules: (1) market the rules project, and (2) guide judges away from anticipated errors in applying the (other) nonsuperfluous rules. Given the superfluous rules’ covert mission, it should not be surprising that the rules’ drafters were not transparent about their nature. Instead, the drafters incorporated these rules so seamlessly into the overall project that their evidentiary insignificance goes largely unnoticed. This Essay pulls back the curtain to reveal the superfluous nature of many of the celebrated rules of evidence. The presence of so many superfluous rules says something interesting about the rules project and sheds light on how the evidence rules should be taught, interpreted, and applied. [ABSTRACT FROM AUTHOR]

The author studies the 19th-century Slovak National Movement as a manifestation of the ethos of plebeian resistance against the "laws of progress" of the century in question, according to which small ethnic groups and nations were to be assimilated for the sake of the further development of more advanced nations and their cultures. A significant role in the formation of the ethos of plebeian resistance was played by Slovak folk culture, the historical context of Great Moravia, the solidarity and support of other Slavic nations living in the Habsburg monarchy, and, above all, the moral qualities of Slovak patriots. Among the most significant manifestations of this ethos was the codification of Slovak, which contributed to the formation of Slovak national identity and national ideology, the 1848–1849 Slovak Uprising, and the development of the Slovak national movement in the 1860s continuing into the mid-1870s. The aim of the 19th-century Slovak national movement was to achieve an equal position of the Slovak ethnic group among the other nations and ethnic groups living in the Habsburg monarchy, which would give rise to the free development of its creative powers and abilities as well as to the pursuit of ethical, humanistic ideals in the lives of its members. [ABSTRACT FROM AUTHOR]

New Zealand was a pioneer in the codification of its criminal law. The Criminal Code Act was passed in 1893, after a lengthy gestation period. The work owed its origins to law reform activities in India, a tendency spread from India to other British jurisdictions, notably Canada and parts of Australia, but never England. The requirement that common law offences were no longer valid and criminal offences had to be clearly defined in statutes passed by Parliament became accepted orthodoxy here and never questioned. But it is possible, as this article argues, that New Zealand has forgotten the legal implications of its own history of codification. This article argues that s 78AA of the Crimes Act 1961, inserted by the Intelligence and Security Act 2017, is in breach of the codification principle. The vice of the provision is that the content of the Protective Security Requirements is dependent upon the actions of the executive and what it posts on the Internet, not upon law passed by Parliament. It is submitted that the present situation is poor legislative practice and leaves the state of the law in doubt. For security issues to be handled in this fashion is less than satisfactory in a free and open society. The article goes on to analyse the background of New Zealand's criminal law codification and outlines the extensive range of the modern law dealing with the intelligence agencies and how it has expanded in recent years. This history of the agencies is briefly canvassed, including controversial features that have arisen in the past. It concludes that remedial action is necessary and mentions work that is going on within the executive to bring about change. It concludes that issues of legality, human rights and the agencies deserve careful attention and require analysis of the risks to an open society from these developments. [ABSTRACT FROM AUTHOR]

This tribute to Professor Emeritus Tony Smith considers the codification of international law, particularly international criminal law, given Tony's long-term commitment to criminal law. It also evaluates the codification of international law in other areas, addressing success and failure. [ABSTRACT FROM AUTHOR]

Sexual liberty must come out of the international legal closet. While nondiscrimination and privacy law have been the basis for some very important queer rights victories, they cannot deliver that which is most central to queer sexuality: the right to have consensual sex outside the confines of the classic marital, procreative model. Bringing international law into conversation with liberatory queer theory, this Article argues for codification in international human rights law of a right to sexual liberty under which sexual choice and diversity are celebrated. Beyond enabling international human rights law more fully to advance human dignity, this shift would afford an opportunity to refurbish the international human rights edifice in a globally inclusive way--something that continued pursuit of an identity-based, integrative queer rights agenda cannot achieve. [ABSTRACT FROM AUTHOR]

Although the compilation of hadiths, which are considered the second source of Islam after the Quran, started in an early period, it took centuries to complete the process. This service is of paramount importance, especially for mujtahid scholars. Because the scholar who will engage in ijtihad first looks for the answer to the problem he encounters in the Quran and the Prophetic Sunnah, and if he cannot find the answer he is looking for in these two sources, he resorts to ijtihad. It was not difficult for the mujtahid to reach the Quran. However, it was not easy to reach the Prophetic Sunnah, which had spread over the wide Islamic geography and whose codification had not yet been completed, under the conditions of that period, and therefore no mujtahid, including the Rightly-Guided Caliphs and the imams of major sects, was fully versed in the Prophetic Sunnah. In the research, it was determined by giving examples of important names from every layer that not every mujtahid, including the companions, was aware of some prophetic sunnah during the process of tadween and before. It was emphasized that the tadween is especially important for mujtahids and it was pointed out that the tadween positively contributed to the knowledge of the sunnah of the mujtahid scholars. As a result, it has been observed that a mujtahid, regardless of his rank, once a sound sunnah reaches him, he reverts from his old view and makes his judgment in accordance with the sunnah. It was only possible for the sunnah to reach the Islamic geography with the codification of hadiths. [ABSTRACT FROM AUTHOR]

In the last quarter of the 19th century and the first quarter of the 20th century, many books and treatises dealing with talfīq were written, and many fatwās were issued in parallel. Although the majority of the scholars were against talfīq between the 17-18th centuries, this strong opposition was broken in the last quarter of the 19th century, and some of the scholars living in this period argued that talfīq was permissible. On the other hand, there are also jurists who opposed to talfīq. One of the main references of the jurists who do not accept talfīq on this subject is the views of scholars who are against talfīq in previous centuries. In this half-century period, one of the main reasons for the discussions about talfīq is whether or not one can benefit from it in the codification of Islamic Law. Indeed, the issue of copyright was brought to the agenda during the preparation process, and amendment of Majalla, and this issue was discussed in the draft laws prepared on family law. Especially some prominent scholars of the period, such as Elmalılı Hamdi Efendi, stated that new laws could be made by making talfıq by staying within the tradition of fiqh instead of taking laws from the West. Likewise, in a document criticising Majalla, it was emphasized that talfıq should be used. These discussions about talfīq took place in Istanbul as well as in other important centres of the Islamic world, such as Damascus and Cairo. The city this article will focus on is Cairo. Because in Cairo, the works related to talfīq were given fatwās, and the leading jurists of the period examined this issue from different angles. Inbābī, who was the sheikh of Azhar, touches on the subject of talfīq in his treatise, which he wrote on a question asked about imitation (taqlīd), and opposed it. Similarly, one of his students, Halīcī in the second part of her work, in which he examines the provision of tattooing, examines in depth the issues such as talfīq and its related issues of school boundary-crossing (intiqāl) and pragmatic eclecticism (tatabbu’ al-rukhas) Halīcī is against talfīq like his teacher Inbābī. He justificated his point of view by mentioning the views expressed against talfīq between the 16-18th centuries. In particular, he emphasized that the majority of schools are against talfīq. He emphasizes that Haytamī stated that talfīq is invalid with consensus (ijmā) and that he does not respect the viewpoints of scholars who express an opinion that talfīq is permissible on this issue. Another student of Inbābī, Husaynī, wrote a treatise on imitation, and in this treatise, he dealt with talfīq and its related issues. Husaynī, unlike his teacher Inbābī, has a positive view of talfīq. Husaynī states in his treatise that he will deal with the issue of talfīq from a procedural point of view and does not agree with the claims that talfīq is invalid by consensus. He gives the views of the Emir Sultan about the permission of that talfıq as a reference. Likewise, Muhammad Bahīt, who was among the students of Inbābī and who was the sheikh of Azhar, gives a fatwā regarding the permissibility of talfīq. According to him, as long as it is not contrary to consensus (ijmā), it is permissible to act according to the decree obtained by talfiq. He mentions the views of scholars such as Tarsūsī, Amīr Bādshāh who have a positive view of talfīq. Apart from İnbābi's students, there are many jurists such as Rashīd Redā, Muhammad Mahdī, Shafshāwanī who make evaluations about talfīq. Rashīd Redā deals with the issue of talfīq in his fatwās and the treatise he wrote about imitation and defended the permissibility of talfīq. Likewise, Shafshāwanī who Mālikī jurist, gave a positive fatwā to the talfīq and justified his fatwā with necessity. Hanafī jurist Muhammad Mahdī, w ho w as t he sheikh o f A zhar, w rote a t reatise o n talfīq. He also mentions the subject of talfīq in one of her fatwās. He states in his fatwā that talfīq is invalid. In this study, the copyright debates that took place in Cairo between the last quarter of the 19th century and the first quarter of the 20th century will be discussed. The main purpose of the article is to examine the fact that although there was a very strong opposition to talfīq between the 17th and 18th centuries, this opposition was broken and the main reason behind it. [ABSTRACT FROM AUTHOR]

The article focuses on the "Draft of the Constitution of the Islamic Republic of Afghanistan" published in 1990 by Harakat-i Islami Afghanistan. It provides a translation of the draft constitution and discusses its key provisions, emphasizing aspects such as the inclusion of the Jaʿfari maddhab, the rule of Islam, liberty, political party limitations, the Council of Codification, presidential limits, and other significant features.

In this study, we address two observed gaps in existing accounts on Chinese community corrections (hereafter CCC): 1) lack of multilevel understanding of this penal institution's local variations in a highly centralized penal regime; 2) inadequate scrutiny of political logics of, and the authoritarian state's significance in, its recent formal introduction. Those limits may inhibit adequate understandings of state power and punishment in an authoritarian polity like China. To that end, we argue for a multilayered and hybrid conceptualization of CCC as an assemblage of penal welfare and penal sovereignty to understand CCC's formation and function. Fracturing the holistic entity of CCC, our study challenges the approach to viewing it as a system of singular logics and unifying structure, and contrasts three modes of operational practices across localities—bureaucratic, professionalization, and technology-dominant models. Moreover, our analysis of its political functions suggests that in effect penal sovereignty subjugates penal welfare within contemporary Chinese penality. Far from heralding the full-fledged rise of Chinese penal welfare, this legal formalization represents a space created for the authoritarian state to penetrate political ideologies, and to reclaim, consolidate and exercise sovereign power through managerial penal strategies in a rapidly developing and differentiating society. [ABSTRACT FROM AUTHOR]

While the Prophet was alive, the companions had consulted to him personally for the solution of every religious matter and to the Qur'an and Sunnah after his death. On the issues that they could not find information in the two sources mentioned, they have made judgments by making ijtihad. Those who were not at the level to make ijtihad obtained information by consulting people who were experts in religious matters. The Muslims who came after them continued to follow the same path. Later, fatwa books were prepared, and these works began to be used in the field of qada as well as fatwa. Although the proposal for the codification of Islamic law was made by Ibn al-Muqaffa' (d. 142/759) at a very early period, the act of codification started too late. The legalization activity in the modern western world started at the end of the 18th century and spread to the whole European continent in the 19th century. The Ottoman Empire, influenced by the West, started the act of codification in the modern sense with the Penal Code of 1840. The codification of civil law in the Islamic world started with al-Majalla al Ahkam al Adliyyah (The Ottoman Courts Manual). Hukūk-i Aile Kararnamesi (the Family Law Decree) which was issued in 1917, followed al-Majalla in the field of codification. These two laws, which were prepared based on Islamic law, were applied in many countries under the rule of the Ottoman Empire. Even these two laws continued to be in force in some other Islamic countries a long time after they were declared abolished in the Republic of Turkey. With these works, the Ottoman Empire became a pioneer for other Islamic countries, and later, other Islamic countries took these as an example and prepared and put into effect their civil laws. One of these countries is Afghanistan. Although Afghanistan was not under Ottoman rule, it was directly or indirectly influenced by Ottoman law in enacting and took Ottoman law as an example. While the first penal code was being prepared in Afghanistan, the penal code (Ceza Kanunnāme-i Hümāyunu), which was enacted by the Ottoman Empire in 1858, was taken as a basis. Some articles of the aforementioned Ottoman Penal Code of 1958 were incorporated into the Afghan penal code of 1921 (Nizamnāme-i Cezā-yı Umūmī), either as they are, with little or no change. It is stated that judges should be made according to al-Majalla and that the qadis should fill the gaps in the law with al-Majallaon some issues in the laws named "Usūlnāme-i İdāri-yi Mahākim-i Adliye" (Administration of Judicial Courts Law) of 1957 and "Usūl-i İjraati Muhākimāt-ı Huqūqī yi Adlī" (the Practice of Judicial Jurisdiction) of 1958.When we look at the Afghan Civil Code, which came into force in 1977, we see that it was influenced by the Majalla and the Ottoman Hukūk-ı Āile Kararnamesi (Ottoman Law of the Family Decree). In the same way, Majalla and its annotations have been used in Afghan courts in addition to the Afghan Civil Code until today. It is seen that in the Afghan Civil Code, which was prepared based on Hanafī fiqh, some issues were out of Hanafī fiqh, and in this respect, the Ottoman Law of Family Decree was followed. In this article, the effects of Ottoman law on Afghan law will be discussed in the context of criminal law, family law, and law of obligations. [ABSTRACT FROM AUTHOR]

Courts and commentators have claimed that there is no methodological stare decisis. That is, the Supreme Court's decision to use purposivism or textualism to interpret a legal text in one case is not binding in future cases. While a contrarian strain of scholars has argued that judicial decisions about interpretation should serve as controlling authority in later cases, critics fear that this approach would tie the hands of future courts too tightly. However, this Note argues that the Supreme Court's directions about how to interpret legal texts already have a soft and salutary authoritative force. It does so, first, by reconceptualizing so-called "methodological precedent." Those who argue that interpretive decisions are not binding are led astray by the assumption that methodological stare decisis would look like a categorical commandment, such as: "Thou shalt not consult legislative history." A more modest vision of methodological precedent is a kind of common law: that is, a collected series of smaller decisions converging on a set of norms for interpreting legal texts. Different norms might be settled to different degrees at different times. But as certain methods become accepted in the case law, even opponents may employ them, or feel that they have some constraining force. This kind of case-by-case development is already happening (albeit imperfectly). It has both horizontal and vertical effects, causing judges to adopt specific interpretive approaches or engage in specific modes of analysis. Additionally, this methodological common law is normatively desirable because it balances goals of stability and predictability while respecting the value of interpretive pluralism. [ABSTRACT FROM AUTHOR]

The study proposes a frontline deliberate learning (FDL) process involving knowledge generation, knowledge articulation, and knowledge codification, which enable organizations to capture knowledge embedded in the frontlines. It examines the antecedent effects of three orientations (i.e., performance, learning, and customer orientation) at both the individual dispositional level and strategic business unit (SBU) level on frontline deliberate learning. The proposed model was tested using survey data from multiple respondents from the healthcare industry. The results indicate that knowledge articulation plays a mediating role in the influence of knowledge generation on knowledge codification. Individual performance, learning, and customer orientation primarily affect knowledge generation. However, these three orientations at the unit level have different effects on knowledge articulation and the unit level's codification. [ABSTRACT FROM AUTHOR]

Contrary to those who support the traditional idea of sunnah, reformists who adopt the contemporary understanding of sunnah have given more importance to the text analysis and criticism, meaning and interpretation of the narrations. These thoughts and actions of the reformist movement significantly affected many areas of social life. Thanks to their reformist structure, which caused them to focus on the issues that are closely related to the societies, they made suggestions and recommendations on many issues including politics, law and education. The ideas and discussions of the reformist approach about politics caused them to divide into two. While some said that religion does not claim to be a state, the others said that Islam has a state claim, though not in the form of a religious state, but in the form of an Islamic state, which is different from it in nature. The new situations brought by the modern age have made it necessary to make some legal reforms in Egypt. In this context, a rapid legislative work has been initiated. While these studies were being carried out, the field of sharī‘a law narrowed day by day with the influence of the West, and the modern legal system gained strength instead. However, the Azhar scholars did not take kindly to this work on the grounds that the new draft law did not comply with the Sharī‘a. In response to this attitude of the Azhar scholars, the state took the path of building local courts based on Western laws. However, some scholars have proposed to draft a new Islamic law that will be the result of collective work. While legal reforms and codification studies were carried out in Egypt, the role of sunnah in this context was discussed. In this context, discussions focused on the legal value of sunnah. Three main approaches are noteworthy in these debates in Egypt: 1- The approach that argues that sunnah has no legal value. 2- The approach that divides the Sunnah into two, one with legislative value and the other without it. 3- The approach that argues that the entire Sunnah has a legal value. The reformists attributed the backwardness of the Islamic nation to the fact that Muslims moved away from the mentality of criticism and adopted the spirit of imitation. They argued that a serious improvement should be made in the field of education in order to rectify this situation. In addition, the scientific and cultural exchange, realized thanks to the students sent by the state to the West, added a new dimension to education in Egypt. In this respect, improving and developing the level of education in Azhar and other institutions has become one of the priorities of the state and the reformist movement. Thus, they aimed to reduce the stagnation and bigotry that dominate educational institutions. Thanks to the efforts of the state and reformers, Dār al-Ulūm and Madrasat al- Ḳaḍā al-Shar‘ī and various educational institutions were established to reform religious education, especially al-Azhar, and to update the curriculum in educational institutions. To this end, a number of laws have been enacted and put into practice. Reformists tried to convey their thoughts to the society through various means by forming public opinion in order to achieve the goal of change they desired in social life. His efforts in this context have sometimes been appreciated by various segments of society, and sometimes they have been subjected to severe criticism. The ideas of the reformist approach went beyond the borders and mostly affected the intellectual circles. Although it contributed to serious inquiries and some transformations, it could not achieve the expected effect in the eyes of the public due to various reasons. [ABSTRACT FROM AUTHOR]

It serves today's jurisprudence as well, revisiting Grotius, I magna parens i of modern law and contract law. Grotius's concept of contract - how did it grow in the chronological sequence of Grotius's works towards its status as became known from the I Inleidinge i and the I De Iure Belli ac Pacis i - is a rather underexplored domain. 5 Conclusion Grotius's system of law as well as his concept of contract remains present with a rich heritage in various strands of development. In contemporary Dutch contract law referrals to Grotius are nearly absent. [Extracted from the article]

This document is the editorial for a special issue of the Review of European Administrative Law focused on the topic of proof in administrative law. The issue includes articles discussing proof in administrative law in Belgium, France, Germany, and the Netherlands, highlighting similarities and differences between these legal systems. The editorial also mentions the influence of EU law and the case law of the European Court of Human Rights on the topic. In addition to the articles on proof, the issue includes contributions on the duty to give reasons and book reviews on EU migration and asylum law and the codification of administrative law. [Extracted from the article]

The article explore the need for codification of the environmentally beneficial settlement tool Supplemental Environmental Projects (SEPs) by the U.S. Congress. Topics discussed include the objectives of SEPs, the ban on the use of SEPs by the U.S. Department of Justice by issuance of the Clark Memo during the administration of former U.S. President Donald Trump, and the judicial review of the Clark Memo sought by the Conservation Law Foundation.

The article discusses codification of health and safety standards for safeguarding of children and other vulnerable social groups. It mentions idea of a ‘safe space' has a special salience in identity politics; and also mentions Prevention of Cruelty to, and Protection of, Children Act makes it a criminal offence to mistreat or neglect a child in various specified ways.

This current article makes an attempt to provide a comparative analysis of the codification of legislation in various legal systems. The authors analyze the features of the systematization of legislation in the countries of the Romano-Germanic and Anglo-Saxon legal systems. Several general scientific methods and the methods of logical cognition are utilized in the study, including analysis and synthesis, systemic, functional and formal-logical approaches. Based on the results of the study, it can be concluded that it is the continental legal tradition that is most conducive to codification activity. The low volume of statutory legal norms in the Anglo-Saxon legal system impedes codification, but provides adequate regulatory flexibility. At the same time, recently in common law countries there has been a tendency to increase the share of statutory law in the regulation of public relations. In this regard, the importance of codification work increases in the systematization of legislation. [ABSTRACT FROM AUTHOR]

Regionalism poses a challenge to the work of the International Law Commission (ILC). The Commission, entrusted by the United Nations General Assembly (UNGA) with the "progressive development of international law and its codification", is tasked with identifying and elaborating universally accepted and acceptable rules of international law. The challenge posed by regionalism lies in its ambivalent role precisely in relation to the mandate of the ILC: on the one hand, a significant share of practice in international law is generated at the regional level. Since regional practice thus constitutes a substantial part of State practice, the ILC cannot avoid taking regional practice into account if it is to identify and develop common rules. On the other hand, regionalism often involves claims for special legal treatment based on the affiliation with a region; thus, deviations from precisely those general legal rules which the ILC seeks to codify and develop. The present contribution analyses how the Commission has approached regionalism in its previous work and identifies four approaches. It shows that each of these approaches suffers from shortcomings. At the same time, the current projects on General principles of law (GPL) and Sea-level rise in relation to international law possibly indicate the emergence of a more fruitful fifth approach. Based on this analysis, the present contribution shows that the practice of the ILC evinces two methodological challenges arising from regional plurality -, the challenge of equal regional representation and the challenge of regional exceptionalism, - and makes suggestions as to how to address these in the future. [ABSTRACT FROM AUTHOR]

The tercentenary of Grotius's death in 1945 was overshadowed by more pressing preoccupations, but the year after saw the publication of Hersch Lauterpacht's immensely influential essay on the "Grotian Tradition"; it had in fact more to do with Lauterpacht's ideals than with Grotius's own thought, but it was itself at the origin of an Anglo-Saxon tradition of remembering and mythifying Grotius. In memoriam Heinhard Steiger (1933-2019) Some random notes upon a first reading of the Cambridge Companion to Hugo Grotius Since the end of the eighteenth century, when Grotius was dubbed the "founder" or "father" of international law, his fame and achievement was increasingly centered on his foremost work, the I Three Books on the Law of War and Peace i . 16) that Grotius adds the I utile i to the I honestum i , as an additional incentive to comply with natural law (while it is the principal motive with respect to positive law, whether I ius civile i within the state or I ius gentium i in international relations; it being understood that Grotius has in mind not I utilitas praesens i , like Carneades, but I perpetuae utilitates i , I ibp i , Proleg. This view might seem plausible at first sight, since divine authority appears limited in both respects, by human free will in the case of predestination and by human rationality with regard to natural law (the more so, one could add, as Grotius's initial conception of natural law, prior to the predestination crisis, had been clearly voluntaristic). [Extracted from the article]

After a fifteen-year civil war, the Mozambique government turned to customary justice to address the conflicts that emerged during the war by creating Community Courts. The goal of the Community Courts was to mimic their successful grassroots predecessors, the Popular Courts, and to bring justice to the people, by the people. Yet one year before the creation of the Community Courts, the Mozambican government implemented the Law on the Organization of the Judiciary, which limited formal jurisdiction to the district level and excluded grassroot courts from the official judicial structure. Grassroot courts, most significantly the Popular Courts, ceased to run and were disbanded. This article discusses the question: if the Mozambican government excluded grassroot courts, why did the Frente de Libertacao de Mocambique (FRELIMO) government create the Community Courts? This article argues that the new FRELIMO government created the Community Courts as a tool of political control. This article then explores several recommendations to avoid misuse of customary courts by courts in post-conflict states. First, states should consider placing customary courts under the judicial branch to prevent post-conflict governments from using community courts as a tool of political control. Second, community courts must operate on a continuum between partial-incorporation and non-incorporation into the formal justice system, depending on the cases being adjudicated. Third, the role of codification of customary laws should be reevaluated considering codification's effect on community culture. Despite the advantages of codification, it allows central governments to take away a community's culture and halt the progressive and flexible nature of customary law. Lastly, international scholars must accept that customary justice is necessary and compatible with state-building in post-conflict societies. [ABSTRACT FROM AUTHOR]

The Law Commission's Twelfth Programme of Law Reform involves reviewing the law applicable in Wales. 1. I am grateful to Gresham College for inviting me to give this year's Gray's Inn Reading.[1] It is a privilege to follow a long line of distinguished speakers from our beloved Inn, most recently, Lord Carlisle QC who spoke last year on "De-radicalisation - Illusion or Reality?" In its 2015 consultation paper on the form and accessibility of the law applicable in Wales, the Law Commission set out concerns about the inaccessibility of the law and asked questions about how both the quality of the law and access to it could be improved. It is also a fundamental constitutional principle, recognised in UK law, EU law and in the jurisprudence of the ECtHR. [Extracted from the article]

Rationalist natural law brought a new philosophy to the ethical, political and legal thought of the seventeenth and eighteenth centuries. In this paper I examine the incidence of iusrationalism in coding. The principles and methods of natural law, taken from the natural sciences, will mark the new science of legislation. Attention shifts from medieval political voluntarism to enlightened legal individualism. I review the contributions of the main representatives of the school of natural law to the elaboration of the codes. The meeting between natural law, based on faith in human reason to know, and the political program of the Enlightenment bequeathed a way of doing and thinking about the law of which we are still heirs today. [ABSTRACT FROM AUTHOR]

The relationship between law and literature takes various forms, but the way in which law contributed to the formation of the modern novel is rarely mentioned. As this essay shows, this was possible because Justinian's codification of Roman law was appropriated by Boccaccio, who, in turn, codified the novel. Coding allowed him to gather a heterogeneous set of stories under a powerful articulating framework. But in addition, as will be shown in these pages, the very term "novel" also comes from Justinian, since that is how he titled his legislative work after his Constitutions. [ABSTRACT FROM AUTHOR]

The article analyzes El crimen de la guerra by Juan Bautista Alberdi, work that is included in his Postume Writtings; in that book we find explained with precision and anticipation the main issues that constitutes the international law at present: United Nations, the codification of the international law, the European Union, the Principles of the International Law included in the United Nations chart and General Assembly Resolutions. Alberdi wrote more than a simple peace allegation: he stands the necessity of the existence of an international authority above the states' sovereignty in order to avoid the war among them. Throughout his work, Alberdi appeals to morality for reviling the war, especially, to whom order and execute it, comparing it with a common crime. [ABSTRACT FROM AUTHOR]

The article examines the dynamics of the codification of constitutional norms in the U.S. including the practical and legal barriers to codification efforts, the potential benefits of codification and desirability of codification.

This article examines how PRC judges ruled on inheritance disputes during the Mao period (1949–1976). In fact, China not only rejected a draft succession law in 1956, it also did not promulgate any law governing succession until 1985. In part, this has contributed to the conventional characterization of China in the Mao period as a "lawless society" dominated by radical Maoist and Marxist ideologies. By using newly available archival documents and internal publications of local courts and legal cadres, this article reveals that PRC judges rejected the codification of law because the legal principles stipulated in the 1956 draft succession law could not be applied to the complex social reality of rural China at the time. Therefore, court rulings became products of the long-standing efforts of judges to reconcile the principles of justice inherent in the 1956 draft succession law and complex social realities in order to deliver judgments that all litigants could accept as fair. This article highlights how such efforts finally led to a codified law of succession in 1985. Hence, the Succession Law of 1985 was not a departure from the previous "lawless" Mao era, but the completion of PRC judges' long process of amending the "incomplete" 1956 draft. [ABSTRACT FROM AUTHOR]

'Climate change law' is considered by a number of legal scholars as an emergent novel discipline. The question, then, is whether the advent (and future prospect) of climate change has resulted in a coherent autonomous new body of law, be it a nascent one; or is it nothing more or less than the application of existing national and international environmental law to climatic problems? It is perhaps worth recalling that international environmental law itself only ascended to the rank of a recognized discipline of its own in the 1990s, over considerable academic scepticism at the time. Not un-similarly, the ongoing new project of the UN International Law Commission (ILC) for the drafting of guidelines on "protection of the atmosphere" has met with resistance from a few powerful States claiming that there is no need for further codification of international law in this field. Yet, considering our common interest in conserving the quality of the Earth's atmosphere and climate, the ILC project may indeed encourage further development of a concept of inter-generational "planetary trusteeship", owed by States as public trustees to present and future citizens as the beneficiaries. [ABSTRACT FROM AUTHOR]

Johann Kunckel's Ars Vitraria Experimentalis (1679) is arguably the most important text on seventeenth-century glassmaking. As an augmented German translation of Italian (1612) and English (1662) editions, Kunckel presented a complex and layered text that contained a plethora of recipes, elaborate commentaries and annotations, and various appendices dealing with glass-related technologies and arts. We reworked four recipes for rosichiero glass (a transparent red glass) in Kunckel's book to discover what strategies Kunckel employed to help readers engage with the recipes and to make the recipes work in the specificity of their own workshop. We learned that Kunckel regularly neglected to test the Italian recipes, and that not all of his corrections are improvements, thereby specifying our understanding of the "codification of error" as a strategy to write down colour-making knowledge. Instead, Kunckel made the choice to educate his readers on the very mechanisms of glass colouring to allow them to intervene to influence the colour of the glass and to gain further control over the making process. He argued that the colour of glass is sensitive to the manner in which ingredients are sourced and processed, and emphasised the importance of furnace management in optimising the colour of glass. [ABSTRACT FROM AUTHOR]

Drama's potential for critical pedagogy has been explored in recent years, but seldom in Latin American settings. This paper analyses the experiences of two teachers when applying drama as a teaching methodology to support their critical pedagogical aims in a school in Santiago, Chile. Their experiences illustrate how being in role and interacting with the teacher-in-role in drama can become forms of Freirean codifications that motivate students to reflect critically. [ABSTRACT FROM AUTHOR]

The paper sheds light on the articles of Serbian press from Hab sburg Monarchy related to the codification of law in Serbia. The authors shall discuss the columns of Serbska novina (Magazin za knjižestvo, hudokestvo i mo du), Serbske narodne novine, Srbski dnevnik, Svetovid, Srbobran and Napredak in relation with the long way paths to the introduction of civil, criminal and com mercial code, as well as codes of civil and criminal procedure for the Principality of Serbia. The trueness of the news shall be subject to examination, and the necessary explanations on the unclear spots of the newspaper articles shall be provided. [ABSTRACT FROM AUTHOR]

The League of Nations set up The Hague codification conference that focused, among three specific agendas, on the responsibility of states for damage caused in their territory to the person or property of foreigners. Scholarship has dominantly ignored or considered the work of the League of Nations in the law of state responsibility as a failure, starting the story of the codification with the International Law Commission. This article proposes to rethink the dominant view and claims that the League of Nations' codification process not only initiated, but substantially contributed to the codification of the law of state responsibility, leading to lasting methods, concepts, principles and norms that have been integrated in the contemporary canon of the rules of state responsibility. [ABSTRACT FROM AUTHOR]

Where does lawgo afterCongress enacts it, but before courts interpret it and the public reads it? This seemingly simple question is in fact very complicated, without a single, predictable answer. This Article provides the first in-depth scholarly examination of the process by which enacted laws are organized and presented for public consumption, known as codification, a process that has mostly escaped the notice of judges and scholars of legislation, and is not explained in textbooks meant to introduce lawyers to the creation and interpretation of law. It argues that the failure to account for this process has left gaps in our understanding of what law is and how it should be interpreted. Law often undergoes significant change between enactment and the time it is organized within the U.S. Code, which is a compilation of Congress's individual enactments. The decision of how to organize these individual enactments within the Code, or whether to leave them out of the Code altogether, is made by a nonpartisan group of lawyers within Congress known as the Office of the Law Revision Counsel. These technical organizers have significant power over how (and in some cases, whether) courts, litigants, and the public see an enacted law, although their power differs depending on the type of Code title. This Article's descriptive and normative claims have realworld application because organization and context are central to interpretation, but interpreters have failed to grapple with how codification affects organization and context. This Article argues that interpreters must understand the full complexity of how law is organized and presented before they can make confident pronouncements about congressional bargains and legislative intent. Understanding the codification process provides a more accurate, albeit more complicated, path forward for statutory interpretation. [ABSTRACT FROM AUTHOR]

The impact of marriage in the property rights of spouses has been recognised since Roman law and nowadays remains a principle well established under each European legal system. Under Kosovo law, marriage creates different legal consequences between spouses including for their property rights. The current property regime of spouses under the Law on Family establishes rules on individual ownership and joint ownership. However, it does not recognise the contract for the regulation of the property regime of spouses. This has created problems with regard to the separation of the property after the marriage ceases. Contrary to this, under Kosovo Draft Civil Code – Book 4 on Family, the property regime of the spouses has advanced including for the recognition of premarital and marital contracts. This paper discusses questions arising from the relationship between spouses that have an effect on property and are treated from a current law perspective and in line with the civil law codification that is occurring in Kosovo. [ABSTRACT FROM AUTHOR]

The article discusses the codification of the unwritten or common law to make it accessible to citizens, particularly in Great Britain. Also cited are the importance of law and jurisprudence to both lawyers and the layman, the role of judges in England's common law systems in determining the rules in areas like tort, criminal law, and contracts, as well as the criticisms on judicial law-making and judge-made law.

In 2018, the Supreme Court of California held in Dynamex Operations West, Inc. v. Superior Court that the ABC test for distinguishing between employees and independent contractors under state wage and hour laws should supplant its common law approach. As a result, California codified the decision as Assembly Bill 5 (AB 5). The adoption of the ABC test stands to benefit workers and have considerable effects on California's economy. This Comment argues that courts should follow the Supreme Court of California's example by shifting away from outdated common law doctrine to tackle emerging societal problems and propel legislative change. [ABSTRACT FROM AUTHOR]

Muslim personal laws in India have never been systematically codified, in marked contrast both to Hindu family laws in India and to Islamic family laws in much of the Muslim-majority world, both of which have been subject to a far greater degree of codification. This article examines the call being made by one prominent contemporary Muslim women's organisation, the Bharatiya Muslim Mahila Andolan (BMMA), for the wholesale codification of Muslim family laws in India as a pathway to protecting women's rights. Following a discussion of the wider context of India's uncodified Muslim personal law system, this paper offers a commentary on the BMMA's draft Family Law Act, first released in 2014. It demonstrates how this document synthesises discourses of women's rights drawn from a series of Qur'anic, constitutional and transnational reference points. By drawing from such diverse sources, and while legal codification in much of the Islamic world has instituted fundamentally patriarchal legal norms, the BMMA's proposed code articulates a distinctive, more gender-equal reading of Islamic family law. [ABSTRACT FROM AUTHOR]

This essay analyzes General Orders No. 100, a U.S. Civil War document considered the fırst modern codifıcation of the rules of war. Recent scholarship praises the humanitarian nature of the legal code, especially as it concerns the emancipation of slaves. Without rejecting these features, I argue that the code marks a key shift in the legal framing of war. The author, Francis Lieber, uses new spatial and temporal boundaries to forge a sprawling and timeless fıeld of battle while amplifying the moral mandate of war to grant legitimacy to numerous acts of harsh violence. The only safeguard to Lieber's broad mandate for military force is a vague notion of self-restraint that I label "humane nationalism." Given the enormous influence of the Lieber Code, its rhetoric marks a powerful antecedent to how nations conduct warfare and legitimize what we now call "total war.". [ABSTRACT FROM AUTHOR]