To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
As we have seen, to establish that a defendant is liable in the tort of negligence, the plaintiff has to prove, on the balance of probabilities, that (1) a duty was owed by the defendant to the plaintiff; (2) the duty was breached; and (3) the breach caused compensable damage within the scope of liability. The first of these requirements, the duty of care, was the key innovation established by the case of Donoghue v Stevenson and the concepts of ‘neighbourhood’ and ‘reasonable foreseeability’ are central to the reasoning in that case. However, although these concepts are easy to describe and have theoretical elegance, they are much more difficult to apply to a given relationship. This chapter shows the attempt by Australian courts to find a unifying principle or single approach by which to answer the question of duty in a novel case, and then a resolution of sorts, occurring around 2000–01, that any such test is likely to be problematic. The current approach in a novel case is the ‘multi-factorial’ or ‘salient features’ approach.
Environmental challenges require diverse legal approaches. In this comprehensive handbook, global scholars examine the nexus of Islam and environmental law as a significant yet understudied framework for contemporary governance. Spanning fourteen centuries of legal development, Islamic environmental jurisprudence offers sophisticated approaches to stewardship, resource management, and climate policy. Chapters include detailed case studies of Pakistan's constitutional courts and Malaysia's environmental legislation, Gulf economic transitions, and water-governance innovations, all demonstrating how Islamic legal principles inform real-world environmental solutions. Each contribution provides a nuanced analysis of how traditional concepts adapt to contemporary contexts across diverse Muslim-majority nations. Timely and innovative, this handbook is an ideal resource for environmental law scholars, comparative legal researchers, policy analysts, and development practitioners working in multicultural contexts.
Americans of all political stripes are becoming increasingly frustrated with the partisanship of present-day politics. Democrats and Republicans alike claim mandates on narrow margins of victory and are quick to condemn their opponents as enemies of the public good. The Framers of the Constitution understood that such divisions are rooted in the political factions inherent in democracy. Their solutions were federalism, the separation of powers, bicameralism, judicial review and other structural constraints on majority rule. Over the course of US history some of those constraints have been eroded as American politics have become more democratic and less respectful of the liberties and freedoms the Framers sought to protect. American Factions advocates for a renewed understanding of the problem of political factions and a restoration of the Constitution's limits to revive a politics of compromise and bipartisanship.
If she is a hater of humanity, then I … I was a lifeless coward who did not have the ability to love a woman. How well-matched we were.
—Parijat (2019: 26)
Suyogbir and Sakambari, though they look well-matched, are worlds apart. Shirishko Phool (translated as Blue Mimosa), a critically acclaimed novel by Bishnu Kumari Waiba (1937–1993), who went by her literary sobriquet “Parijat,” revolves around a one-sided love entanglement between two characters with radically different personalities. Suyogbir, an ex-Gurkha1 in his mid-forties, falls in love with Sakambari, an alpha female half his age. He is a deeply troubled womanizing hedonist full of self-doubt. Sakambari, on the other hand, is a young, strong-willed rebel in her mid-twenties. She is the antithesis of a cliched Nepali woman – she is assertive, smokes a lot, has short hair, and is sharp-tongued – in short, a woman without the normative feminine grace. Although Sakambari is out of Suyogbir's league, he gets attracted to her. Over time, his feelings toward her evolve into an all-consuming obsession, making him confess his love with a “kiss” that leads to Sakambari's subsequent death.
Within the linearity of this deceptively simple unrequited love, Shrishko Phool weaves a complex tapestry of passion and desire, and questions on the twisted realities of life. The text has been able to garner mixed critiques – praised as a compelling text providing an astute observation on the absurdities typical of modern life and criticized as a depressing text lacking originality with heavy Western influence. Nevertheless, the novel has established itself as an existentialist classic in the Nepali canon.
Pelvic fractures in children resulting from abuse are rare but strong indicators of severe trauma. These injuries, especially in infants, are subtle and usually involve the superior pubic rami. In older children, they often occur in cases of significant blunt trauma or sexual abuse. Pelvic fractures are frequently associated with other signs of abuse, particularly other fractures around the hips. The anteroposterior view of the pelvis in the initial skeletal survey should be examined with care. Due to the rarity of pelvic fractures, it is reasonable to exclude the frontal view of the pelvis in the follow-up skeletal survey. Cross-sectional imaging may be beneficial in selected cases.
Eurocentrism has long dominated historical scholarship on the First World War. Apart from the literature that explores the entry of the United States (US) into the conflict in 1917, research on the First World War has ignored, as Oliver Janz has pointed out, the war's global dimension(s). During the last years, however, research into the history of the First World War has witnessed a global turn. Fuelled by the war's 100-year commemoration, First World War studies have been expanded both spatially and content-wise. The entanglement of the world war with non-European conflicts, the war's transition into a worldwide economic battle, and the complex ramifications it has had on all world regions have since then become topics explored by historians of the First World War. This research has developed such that the First World War is now understood as a moment of global mobility that caused mass movements of people across national borders, including soldiers, prisoners of war, labour forces, refugees and displaced people. Humanitarian initiatives and organisations, which tried to alleviate the war-caused suffering of the people, are part of the history of these mass movements.
In response to the circulation of news items and publicity campaigns that depicted the suffering of people in other parts of the globe, a myriad of local, regional and national aid committees were established from the outset of the conflict in Europe in August 1914. The activities of these committees often became integrated into border-transcending support networks of global reach.
This chapter explores the limited response of the League of Red Cross Societies and the Red Cross and Red Crescent movement to the wider turn towards ‘the human environment’ in the 1970s. It investigates the role played by Secretary General Henrik Beer and his efforts to mobilise National Societies to the dangers of environmental degradation and pollution, and to develop preventative environmental health campaigns and new systems for pre-disaster planning. The role of the League during the 1972 UN Stockholm Conference is examined, as is Beer’s relationships with Maurice Strong, Barbara Ward (Lady Jackson) and Dr Irena Domanska, former President of the Polish Red Cross, who chaired the League’s Health and Social Service Advisory Committee and was an early champion of the environment and the role of the Red Cross. The influence of Soviet aligned National Societies and Cold War politics is also explored.
There are worldwide concerns about the quality of elections and democracy. There is also an ambiguity in academia, the international community and popular discourse about how to define and measure good elections. This Element develops an original concept of electoral integrity based on human empowerment. Elections serve a purpose: They should give citizens a voice, empower the everyday citizen against the powerful and act as mechanisms for political equality. Secondly, it argues that there have been major societal 'megatrends,' meaning that the holding of elections has moved from the modern era to an age of complexity. This describes an era of demographic, technological, legal, economic and political complexity and fluidity. The greater connection between nodes of activities in the electoral process means that elections held in one part of the world can be very quickly affected by actors and developments elsewhere. Thirdly, it provides new measurement tools to assess election quality.
Two main lines of argument have shaped the overall structure of the book.
According to the first, skills’ distinctive learnability, control, and flexibility accord them a central status in theory of intentional action, of intelligence, and of talents; such central status is evidence that skill is a natural kind. For social beings like us, skills’ distinctive flexibility makes for the possibility of cumulative culture, thereby accounting also for the collective dimension of our intelligence. All in all, skills afford us a unique perspective on both intelligence and intentional agency.
The earliest successful and sustained venture in the promulgation of a Western-style, liberal arts education in colonial India that continued into the postcolonial period, the Hindu College—established in 1817 and later renamed in 1855 as the Presidency College—is the subject of this book. The institution made extraordinary contributions to both education and public life. We examine critically the ideas that shaped the institutional imagination of this enterprise, its historical development, the multifarious challenges it faced along the way, and the ways that teachers and students experienced and memorialized the institution. We map the traffic of ideas that led to Presidency College's flourishing and the interventions and experiments that contributed to its distinct image as a “center for excellence” but without the neoliberal associations with which the expression is loaded in modern-day academic parlance. We also analyze the ways in which the college became the preeminent birthplace ground of a modern middle class and a harbinger of secular values in colonial and postcolonial Indian modernity.
Histories of educational institutions in the erstwhile colonized parts of the world are inevitably caught up in concerns about the implications of colonial modernity for their academic vision, functioning, and agenda. If earlier histories from the 1960s to 1970s critically addressed decisions of the colonial state in India favoring Orientalist or Anglicist policies in education and their fallout on the colonized, recent work has focused closely on individual educational institutions where these debates were played out.
Abul A'la Maududi (1903–1979) was arguably one of the most influential and controversial thinkers of the twentieth century, and a foundational Islamist thinker. This volume brings together a broad range of his important works for the first time, covering concerns such as anticolonialism, permissibility of violence, capitalism and gender roles, principles for an Islamic economy, innovation in legal frameworks as well as the limits of nationalist politics. Showcasing his writings across different genres, this volume includes influential early works such as his seminal Al Jihad fil Islam, Quranic exegesis and essays as well as later works on Islamic law. An extensive introduction situates Maududi's ideas within global anticolonial conversations as well as Islamic and South Asian debates on urgent contemporary political questions and highlights the conceptual innovations he carried out. Fresh translations allow readers to critically engage with Maududi's writings, capturing nuances and shifts in his ideas with greater clarity.
The introduction traces the history of legal discrimination against women in the UK, from exclusion in university education and voting rights to the legal profession. Courts presumed sex-based distinctions as default, requiring parliamentary intervention for reforms including women’s suffrage, equal pay, and the protection of women from sex discrimination and sexual harassment in the workplace. The Sex Discrimination Act 1975 prohibited discrimination while allowing exceptions for protection of women, including single-sex spaces. These legal developments operated on a tacit understanding of sex as biological sex, which can be distinguished from emerging concepts of gender as a system of social norms overlayed on biological sex and gender identity as an individuals internalised experience of these norms. The chapter then provides a descriptive overview of the Equality Act 2010 as a resource for readers unfamiliar with its structure and core principles.