The Politics of Islamic Law

The Politics of Islamic Law PDF Author: Iza R. Hussin
Publisher: University of Chicago Press
ISBN: 022632348X
Category : Law
Languages : en
Pages : 360

Get Book Here

Book Description
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

The Politics of Islamic Law

The Politics of Islamic Law PDF Author: Iza R. Hussin
Publisher: University of Chicago Press
ISBN: 022632348X
Category : Law
Languages : en
Pages : 360

Get Book Here

Book Description
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

Ruling Before the Law

Ruling Before the Law PDF Author: William Hurst
Publisher: Cambridge University Press
ISBN: 1108427200
Category : Law
Languages : en
Pages : 321

Get Book Here

Book Description
Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.

The Oxford Handbook of Law and Politics

The Oxford Handbook of Law and Politics PDF Author: Keith E. Whittington
Publisher: OUP Oxford
ISBN: 0191616281
Category : Political Science
Languages : en
Pages : 828

Get Book Here

Book Description
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

Anarchy and Legal Order

Anarchy and Legal Order PDF Author: Gary Chartier
Publisher: Cambridge University Press
ISBN: 1107032288
Category : Law
Languages : en
Pages : 433

Get Book Here

Book Description
This book elaborates and defends law without the state. It explains why the state is illegitimate, dangerous and unnecessary.

Rule By Law

Rule By Law PDF Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 9780521720410
Category : Law
Languages : en
Pages : 392

Get Book Here

Book Description
Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.

Politics and International Law

Politics and International Law PDF Author: Leslie Johns
Publisher: Cambridge University Press
ISBN: 1108833705
Category : Law
Languages : en
Pages : 583

Get Book Here

Book Description
Teaches how and why states make, break, and uphold international law using accessible explanations and contemporary international issues.

Migration and Hybrid Political Regimes

Migration and Hybrid Political Regimes PDF Author: Rustamjon Urinboyev
Publisher: University of California Press
ISBN: 0520299574
Category : Social Science
Languages : en
Pages : 184

Get Book Here

Book Description
A free open access ebook is available upon publication. Learn more at www.luminosoa.org. While migration has become an all-important topic of discussion around the globe, mainstream literature on migrants' legal adaptation and integration has focused on case studies of immigrant communities in Western-style democracies. We know relatively little about how migrants adapt to a new legal environment in the ever-growing hybrid political regimes that are neither clearly democratic nor conventionally authoritarian. This book takes up the case of Russia—an archetypal hybrid political regime and the third largest recipients of migrants worldwide—and investigates how Central Asian migrant workers produce new forms of informal governance and legal order. Migrants use the opportunities provided by a weak rule-of-law and a corrupt political system to navigate the repressive legal landscape and to negotiate—using informal channels—access to employment and other opportunities that are hard to obtain through the official legal framework of their host country. This lively ethnography presents new theoretical perspectives for studying immigrant legal incorporation in similar political contexts.

International Law and the Politics of History

International Law and the Politics of History PDF Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 1108480942
Category : History
Languages : en
Pages : 395

Get Book Here

Book Description
Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.

The New Terrain of International Law

The New Terrain of International Law PDF Author: Karen J. Alter
Publisher: Princeton University Press
ISBN: 1400848687
Category : Political Science
Languages : en
Pages : 477

Get Book Here

Book Description
A compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Distorting the Law

Distorting the Law PDF Author: William Haltom
Publisher: University of Chicago Press
ISBN: 0226314693
Category : Law
Languages : en
Pages : 361

Get Book Here

Book Description
In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.