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Hamid Harasani 《美中法律评论》2013,(4):361-371
While new and complicated legal issues continuously come to the fore, Islamic sacred texts that deal with legal issues are finite, ljtih~d is an interpretive tool that applies legal reasoning based on sacred texts to derive new legal rules that meet emerging legal problems. This paper will elucidate the nature of ljtih~d and comment on the status of Ijtih6d today. The paper will also explain why it is necessary to replace macro-Ijtih~d with micro-Ijtih6d, and will highlight the importance of the continuance of Ijtih6d by Islamic jurists despite Islamic law's reduced application. 相似文献
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Thomas Foley 《Family Court Review》2003,41(2):257-275
International custody disputes involving parents and children from Islamic nations and the United States have yielded a spectrum of interpretation of Islamic Shari'a law and the best interests of the child. The lack of a determinative treaty between the United States and all but one Islamic nation has led to an inconsistency of criterion in determining whether to extend comity to a custody decree from a court of an Islamic nation. The domestic law statutes, which determine jurisdiction in these matters, have provisions for international application and recognition of foreign custody decrees. The recognition of custody decrees from the courts of Islamic nations is contingent upon the satisfying of procedural and substantive thresholds. Focusing on the substantive, the author opines that American courts have a responsibility to understand certain aspects of the law, culture, and religion of Islam in order to accurately determine if the threshold has been meet. 相似文献
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EDWARD SAGARIN 《犯罪学》1980,18(3):291-301
The growth of the American Society of Criminology has strengthened it not only in numbers but by the active participation of leading criminologists. Practitioners entering the ranks of the organization offer an opportunity for collegial interaction of social scientists with police, correctional, and other personnel. This association may be mutually beneficial, but it may also result in faction-ridden organizations whose facades of dialogue conceal dissatisfaction. The author envisages a scientific organization true to a mission that is neither elitist, exclusionary, nor isolated from the administration of justice or penology. 相似文献
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The important role that corporate governance has played in a wide range of public companies is self-evident. Recent major corporate failures are more or less related to bad corporate governance and the increasing corporate scandals call for good corporate governance not only in China but all around the world. Corporate governance is principally about how companies are structured and directed, which is indeed a quite broad field. It is a good direction to discuss how to improve the overall corporate governance level in China through the perspective of perfecting shareholder protection. However, while running companies for shareholder interests is getting increasingly more criticisms, the so-called stakeholder model and entity model are raised as alternative approaches. Accordingly, it is the purpose of this paper to find the most appropriate corporate objective which could be applied as the starting point for future corporate governance discussion by providing a right direction for assessing and evaluating corporate performance and accountability of management. Through the comparative studies of the three models, this paper concludes that shareholder primacy is a more effective and efficient approach with regard to advancing social welfare and controlling director’s accountability among others; the other two models cannot justify substituting the shareholder model as the corporate objective. 相似文献
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Joan B. Kelly 《Family Court Review》1997,35(4):377-387
Despite heavy use of the concept of the "best interests" of the child, there is little consensus about what criteria constitute a child's best interests or how these criteria should be applied. This article explores some of the problems of the best interest concept, from the developmental and psychological perspective, and suggests that the concept is a worthwhile one if decision makers are able to go beyond cliches and superficial definitions. 相似文献
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