Papers by Bernard K Freamon
Educating for Justice: Social Values and Legal Education, 2018
SSRN Electronic Journal, 2020
Indian Ocean Slavery in the Age of Abolition, 2017
Fordham International Law Journal, 2004
The Palestinian struggle against the Israeli government and the war in Iraq have shown us that a ... more The Palestinian struggle against the Israeli government and the war in Iraq have shown us that a new norm of battlefield behavior governing acts by jihadists and others seeking to advance Islamist military or political objectives is now firmly in place. This new norm posits that self-annihilatory violence - "suicide bombings" or "martyrdom operations" - depending on the rhetoric you adopt - is an acceptable method of conducting warfare against an adversary. Using an ideology ostensibly drawn from Islamic theology and jurisprudence, the organizers of these military and political acts of self-annihilatory violence assure the actor that he or she will be rewarded with an everlasting and blissful life in heaven and that the act is jurisprudentially meritorious, qualifying the actor as a martyr. This declaration of martyrdom then requires the Muslim community to care for the actor's family, property, and financial affairs. This article critically examines the hist...
In 1971, a unanimous New Jersey Supreme Court declared; "[T]here is no constitutional right ... more In 1971, a unanimous New Jersey Supreme Court declared; "[T]here is no constitutional right to choose to die."' Less than five years later, however, the same court held that such a right indeed exists, and although it is not absolute in every case, it is entitled to constitutional protection and can be exercised on behalf of an unconscious or otherwise incompetent patient. 2 The New Jersey experience illustrates the dramatic changes this area of law has undergone in the last several years, a reflection in part of two recent developments in the practice of medicine the increasing availability of advanced, life-prolonging medical technology and a concomitant shift away from the individual doctor-patient relationship. In many modern hospitals, treatment decisions no longer are made by an individual treating physician. Rather, the patient finds himself in a "system" of treatment by indistinguishable, ever-shifting teams of medical personnel, each with its own sub...
Possessed by the Right Hand, 2019
Possessed by the Right Hand, 2019
Possessed by the Right Hand, 2019
Possessed by the Right Hand, 2019
Possessed by the Right Hand, 2019
Possessed by the Right Hand, 2019
Possessed by the Right Hand, 2019
Harvard Human Rights Journal, 1998
... See Charles J. Adams, Maududi and the Islamic State, in Voices of Resurgent Islam, 99, at 113... more ... See Charles J. Adams, Maududi and the Islamic State, in Voices of Resurgent Islam, 99, at 113-14 (john L. Esposito ed.) (1983) (describing Maududui's view of the modernists' position on Islamic government); see also Hassan al-Turabi, The Islamic State, in Voices of Resurgent ...
Fordham International Law Journal, 2015
There is now a worldwide consensus on the firm existence of a human right to freedom from slavery... more There is now a worldwide consensus on the firm existence of a human right to freedom from slavery. This consensus gives rise to what was thought to be an irrefutable argument that the right to be free from slavery is a jurisprudential universal, with no competent legal system or government able to deny its existence or permit derogation from its tenets. This argument is now being tested by the ideologies, policies and actions of Muslim insurgencies in Iraq, Syria and Nigeria, each claiming that the enslavement of non-believing combatants and war captives and slave trading in such persons is permitted under Islamic law. This article considers the implications of these claims for the future of Islamic law and for its relationship with the world’s legal systems, particularly international humanitarian law. It posits that the claims of these insurgencies, while glaringly out of step with modern views of chattel slavery, should be taken seriously and actually have a great deal of support...
Possessed by the Right Hand
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Papers by Bernard K Freamon