Positive law from the Muslim world : jurisprudence, history, practices / Baudouin Dupret.
2021
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Details
Author
Title
Positive law from the Muslim world : jurisprudence, history, practices / Baudouin Dupret.
Imprint
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2021.
Description
1 online resource (xv, 312 pages) : digital, PDF file(s).
Series
Law in context.
Formatted Contents Note
Law as a concept
The great divide in legal discourse : towards a global historical ontology of the concept of positive law
Legal praxeology : into perspective and into practice
Politics made into law : determinism and contingency in Moroccan constitutionalism
The legal reification of the mind : the development of forensic psychiatry in Egyptian law and justice
From 'urfto qânûn 'urfî : the legal positivization of customs
General and particular : the legal rule and an Islamic swimsuit in a secular context
Filling gaps in legislation : the use of fiqh in contemporary courts in Morocco, Egypt, and Indonesia
Playing by the rules : the search for legal grounds in homosexuality cases (Indonesia, Lebanon, Egypt, Senegal).
The great divide in legal discourse : towards a global historical ontology of the concept of positive law
Legal praxeology : into perspective and into practice
Politics made into law : determinism and contingency in Moroccan constitutionalism
The legal reification of the mind : the development of forensic psychiatry in Egyptian law and justice
From 'urfto qânûn 'urfî : the legal positivization of customs
General and particular : the legal rule and an Islamic swimsuit in a secular context
Filling gaps in legislation : the use of fiqh in contemporary courts in Morocco, Egypt, and Indonesia
Playing by the rules : the search for legal grounds in homosexuality cases (Indonesia, Lebanon, Egypt, Senegal).
Summary
Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation.
Note
Title from publisher's bibliographic system (viewed on 18 Jun 2021).
Location
www
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781108954877 (ebook)
9781108845212 (hardback)
9781108949682 (paperback)
9781108845212 (hardback)
9781108949682 (paperback)
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