This book examines the Santillana Codes, legal instruments which form a distinct class of uniquely African civil code and are still in force today in a legal arc that extends from the Maghreb to the Sahel. Stigall presents the history of Santillana’s seminal legislative effort and provides a comparative analysis of the substance of those codes, illuminating commonalities between Islamic law and European legal systems.
This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.
This book shows 19th and 20th century Islamic Law as a dynamic process casting its net into the 21th century and shaping of major constitutional and legal developments in the Arab and Muslim worlds. The introduction and nine chapters of this volume provide insight into the ongoing transformation of the Shari'a into the law of a nation-state. The book contains studies on Marriage and Divorce, Contract Law in the new Civil Codes of Egypt, Iraq and Syria; the ideological springs of Muhammed 'Abduh's visionary program for the reconstruction of Shari'a, the place of Islamic law in the judicial doctrine and policy of the Egyptian State and Legal Capacity.
Appendix, Budget of the U.S. Government, FY 2019 presents detailed information on individual programs and appropriation accounts that constitutes the budget.
This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.
How a nineteenth-century lawsuit over the estate of a wealthy Tunisian Jew shines new light on the history of belonging In the winter of 1873, Nissim Shamama, a wealthy Jew from Tunisia, died suddenly in his palazzo in Livorno, Italy. His passing initiated a fierce lawsuit over his large estate. Before Shamama's riches could be disbursed among his aspiring heirs, Italian courts had to decide which law to apply to his estate—a matter that depended on his nationality. Was he an Italian citizen? A subject of the Bey of Tunis? Had he become stateless? Or was his Jewishness also his nationality? Tracing a decade-long legal battle involving Jews, Muslims, and Christians from both sides of the Mediterranean, The Shamama Case offers a riveting history of citizenship across regional, cultural, and political borders. On its face, the crux of the lawsuit seemed simple: To which state did Shamama belong when he died? But the case produced hundreds of pages in legal briefs and thousands of dollars in lawyers’ fees before the man's estate could be distributed among his quarrelsome heirs. Jessica Marglin follows the unfolding of events, from Shamama's rise to power in Tunis and his self-imposed exile in France, to his untimely death in Livorno and the clashing visions of nationality advanced during the lawsuit. Marglin brings to life a Dickensian array of individuals involved in the case: family members who hoped to inherit the estate; Tunisian government officials; an Algerian Jewish fixer; rabbis in Palestine, Tunisia, and Livorno; and some of Italy’s most famous legal minds. Drawing from a wealth of correspondence, legal briefs, rabbinic opinions, and court rulings, The Shamama Case reimagines how we think about Jews, the Mediterranean, and belonging in the nineteenth century.
This book offers a new interpretation of the rich narratives of Arab secularism, contending that secularism as a set of ideas and a social movement is destined to loom large on the political and legal horizon of most Arab states. Youssef M. Choueiri provides a study of three moments in the development of secularism in the Arab World, the Machiavellian, the Alfierian and the Gramscian. It is within such a scope that secularism in its interaction with state-building projects, women’s emancipation and religion is treated as an intellectual current and a discursive entity embedded in the political process of its diverse societies. Through the chapters, Choueiri demonstrates how secularism occupies a pivotal presence in the religious and political life of the Arab world, exploring such interrelated configurations as indigenous contributions, diverse reforms and the impact of Western states. He concludes that secularism has become a moral prerequisite and a required vehicle in creating the necessary conditions for the success of democracy in the Middle East. Narratives of Arab Secularism tackles the complexity and contemporary ramifications of the subject in a way that no previous single study has been able to. It will be relevant to both students and academics dealing with topics related to the Middle East including religion, politics, anthropology and history. Chapter 6 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Covering the precolonial period to the present, The Cambridge History of Latin American Law in Global Perspective provides a comprehensive overview of Latin American law, revealing the vast commonalities and differences within the continent as well as entanglements with countries around the world. Bringing together experts from across the Americas and Europe, this innovative treatment of Latin American law explains how law operated in different historical settings, introduces a wide variety of sources of legal knowledge, and focuses on law as a social practice. It sheds light on topics such as the history of indigenous peoples' laws, the significance of religion in law, Latin American independences, national constitutions and codifications, human rights, dictatorships, transitional justice and legal pluralism, and a broad panorama of key aspects of the history of statehood and law. This title is also available as Open Access on Cambridge Core.
