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Positive Law from the Muslim World - Jurisprudence, History, Practices (Hardcover)
Loot Price: R2,788
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Positive Law from the Muslim World - Jurisprudence, History, Practices (Hardcover)
Series: Law in Context
Expected to ship within 12 - 17 working days
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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.
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