ISBN-13: 978-0-226-11360-9 (cloth : alk. paper) ISBN-10: 0-226-11360-4 ... HM651.C64 2007 158.1—dc22 2007022671 The paper used in this publication meets the minimum requirements of the American National Standard for Information ...
This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
Liberalism is commonly believed, especially by its exponents, to be opposed to interference by way of enforcing value judgments or concerning itself with the individual's morality. My concern is to show that this is not so and that liberalism is all the better for this. Many elements have contributed to liberal thought as we know it today, the major elements being the liberalism of which Locke is the most celebrated exponent, which is based upon a belief in natural, human rights; (...) the liberalism of which Kant is the best known exponent, which is based on respect for persons as ends in themselves; and the liberalism of Bentham and the Mills, which is based upon utilitarian ethical theories and most especially with concern for pleasure and the reduction of pain. These different elements of liberalism have led to different emphases and different political and social arrangements, but all have involved a concern to safeguard values and to use force to that end. Today they constitute strands of thought which go to make up liberal thought as we now know it, hence it is not simply a historical fact about liberalism, but a fact about its philosophical basis, that liberalism is firmly involved in certain value and moral commitments. In the remainder of this paper I shall seek to bring this out. (shrink)
The contribution of the generation of Tâbi’un in the formation of Islamic sciences in general and in the development of hadith in particular is known. Various studies have been done on the quality of this contribution. Being a part of such an aim is among the targets of this study as well. Not to conducted any work on the hadithism of especially Abdullah b. Abbas' student and after him Atâ ibn Abi Rabah who the most famous teacher of the Mecca (...) school was another encouraging reason. While examining the life and scientific personality of Ata who was one of the early personalities, it has been tried to reach some results with the information obtained from the sources from the first period, especially the fatwa and rumors belonging to him. Atâ who was leading an observable, active political life, lived in the intellectual and social turmoil that emerged in the early period. Atâ who drawing attention with his educator personality, added his own experiences to the scientific heritage he received from the companions in the first instance Ibn Abbas, and had been passed it on to the next generations. Being a fatwa authority in Makkah mufti and pilgrimage organizations for many years is one of his important experiences. In addition to being well-known for his devotion to the Sunnah, he has been taken place between those known among the generation of Tâbi’un with his fatwa and ijtihad. Ata, who is a critical hadith reciter, is accepted as the absolute authority in the hadith. The fact that he was one of the first to make talfiq in the hadith shows that he knew the diversity of the sources he reported and the many tarikh of the narrations. He wrote narrations and encouraged writing of hadith. He contributed to the development of hadith terms with some of the hadith concepts he used and drew attention with the abundance of mursal hadiths. (shrink)
This is a field-based disguised case which describes a dilemma faced by the protagonists; do they continue to do business with a land developer who has assisted them in the past when now the developer chooses to, against their recommendations, also do business with their ex-business partner? The problem for the characters in question is whether or not to work on a project that will yield them a net profit of $4 million dollars given the fact it would require them (...) to work in the same development as their former business associate. The central characters are afraid that their ex-partner will be a destabilizing factor in the development of the project and that their work sites will be in jeopardy of being vandalized. Several factors complicate this situation including: the developer’s desire for a quick land purchase, the developer’s changing the discount rate from 20% to 10% perhaps based upon difficulties that surrounded the first land deal, the protagonists’ plans to build their own homes in this new development, and the negative relationship between the protagonists and the ex-business partner. The case has a difficulty level appropriate for a sophomore or junior level course. The case is designed to be taught in one class period and is expected to require between three to five hours of outside preparation by students. (shrink)
In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.
El objetivo de esta reseña es presentar un libro que reflexiona acerca de los procesos históricos de constitución de la identidad masculina y femenina, buscando explicaciones posibles para la desigualdad de género y la dominación sexista que se ha evidenciado a lo largo de la historia y en distintas sociedades.
Hadith scholars are individuals who play an important role in the spread of the Prophetic traditions. in the midst of his people, as an authoritative source after the Qur'an for the complete Islamic legal construct, which was previously discovered and compiled by the Imam of Hadith in their canonical books, like Imam Muḥammad ibn Ismā’īl al-Bukhārī in “Ṣaḥīḥ al-Bukhārī” and Muslim Imam ibn al-Ḥajjāj al-Naysābūrī in “Muslim Ṣaḥīḥ”, through long tracing from one country to another in order to obtain directly (...) one history from the source. The position of the Hadith scholars in this regard, who are at the spearhead of the spread of the Hadiths after their collection by the Imam of the Hadith, as well as their existence and consistency in guarding the Hadith from various forms of deviation of understanding of the people, become an integral part of an integral circle named Hadith, as a saying of the Prophet, the Rabbis and the Imams. (shrink)