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...

Ausführliche Beschreibung

Bibliographische Detailangaben

1. Verfasser:	Dupret, Baudouin 1965- (VerfasserIn)
Format:	Elektronisch E-Book
Sprache:	English
Veröffentlicht:	Cambridge, United Kingdom ; New York, NY Cambridge University Press 2021
Schriftenreihe:	Law in context
Schlagworte:	Law / Islamic countries Muslims / Legal status, laws, etc Islamic law Law / Islamic influences
Online-Zugang:	DE-12 DE-473 URL des Erstveröffentlichers
Zusammenfassung:	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
Beschreibung:	Title from publisher's bibliographic system (viewed on 18 Jun 2021) 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)
Beschreibung:	1 Online-Ressource (xv, 312 Seiten)
ISBN:	9781108954877
DOI:	10.1017/9781108954877