Kathleen M. Moore
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195387810
- eISBN:
- 9780199777242
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387810.003.0002
- Subject:
- Religion, Islam
This chapter provides a deconstruction of a British call for the formulation of an Islamic diasporic jurisprudence, in which juridical activity is proposed as a mirror. It begins with a review of ...
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This chapter provides a deconstruction of a British call for the formulation of an Islamic diasporic jurisprudence, in which juridical activity is proposed as a mirror. It begins with a review of theoretical works on diaspora and the legal sociology of jurisprudence. It explains and discusses the author's view of what a “diasporic jurisprudence” is, and uses this concept to examine the text of a speech given by a Muslim intellectual-activist before an assembly of Muslim British college students in London in December 1995. It is argued that in the vein of cultural studies, “culture” is neither an autonomous nor an externally determined field, but a site of social struggle and differences. Thus, when we bring together the analytical concepts “diaspora” and “jurisprudence,” we are juxtaposing two words that reciprocally constitute a particular social field in which symbols and scruples can be appropriated and contested. Although a bit of an oil-and-water combination, these two concepts (diaspora and jurisprudence) hold as if suspended in a colloid, sustained by opportunity spaces allowing them to assert claims for rights and forms of justice.Less
This chapter provides a deconstruction of a British call for the formulation of an Islamic diasporic jurisprudence, in which juridical activity is proposed as a mirror. It begins with a review of theoretical works on diaspora and the legal sociology of jurisprudence. It explains and discusses the author's view of what a “diasporic jurisprudence” is, and uses this concept to examine the text of a speech given by a Muslim intellectual-activist before an assembly of Muslim British college students in London in December 1995. It is argued that in the vein of cultural studies, “culture” is neither an autonomous nor an externally determined field, but a site of social struggle and differences. Thus, when we bring together the analytical concepts “diaspora” and “jurisprudence,” we are juxtaposing two words that reciprocally constitute a particular social field in which symbols and scruples can be appropriated and contested. Although a bit of an oil-and-water combination, these two concepts (diaspora and jurisprudence) hold as if suspended in a colloid, sustained by opportunity spaces allowing them to assert claims for rights and forms of justice.
Jeff Mielke
- Published in print:
- 1997
- Published Online:
- March 2012
- ISBN:
- 9780198265658
- eISBN:
- 9780191682919
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198265658.003.0001
- Subject:
- Law, Philosophy of Law
This chapter presents the Pure Theory of Law's discussion of natural material fact (act) and meaning, self-interpretation of social data (subjective and objective meaning), the norm as scheme of ...
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This chapter presents the Pure Theory of Law's discussion of natural material fact (act) and meaning, self-interpretation of social data (subjective and objective meaning), the norm as scheme of interpretation, the norm as act and as meaning, validity and sphere of validity of the norm, and cognition of legal norms vs. legal sociology.Less
This chapter presents the Pure Theory of Law's discussion of natural material fact (act) and meaning, self-interpretation of social data (subjective and objective meaning), the norm as scheme of interpretation, the norm as act and as meaning, validity and sphere of validity of the norm, and cognition of legal norms vs. legal sociology.
Uwe Kischel
- Published in print:
- 2019
- Published Online:
- April 2019
- ISBN:
- 9780198791355
- eISBN:
- 9780191833830
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198791355.003.0004
- Subject:
- Law, Comparative Law, Constitutional and Administrative Law
This chapter discusses legal families, legal culture, and context. A legal family is structured genealogically, with a parent legal order and its historical offspring or siblings. There are many ...
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This chapter discusses legal families, legal culture, and context. A legal family is structured genealogically, with a parent legal order and its historical offspring or siblings. There are many classification systems for legal families. Classifications of legal systems do not necessarily have to be one-dimensional, they can just as well be hierarchical. Meanwhile, the idea of legal culture has long played an important role in comparative law. However, it is heavily burdened by its origin in legal sociology. Context thus becomes the core concept not only of individual comparison, but also of overall type comparison. In an individual comparison, working with context requires taking into account the entire legal and non-legal environment in which every legal rule exists. In a type comparison, the elements of this environment are aggregated.Less
This chapter discusses legal families, legal culture, and context. A legal family is structured genealogically, with a parent legal order and its historical offspring or siblings. There are many classification systems for legal families. Classifications of legal systems do not necessarily have to be one-dimensional, they can just as well be hierarchical. Meanwhile, the idea of legal culture has long played an important role in comparative law. However, it is heavily burdened by its origin in legal sociology. Context thus becomes the core concept not only of individual comparison, but also of overall type comparison. In an individual comparison, working with context requires taking into account the entire legal and non-legal environment in which every legal rule exists. In a type comparison, the elements of this environment are aggregated.
Michal Bobek
- Published in print:
- 2015
- Published Online:
- April 2015
- ISBN:
- 9780198727781
- eISBN:
- 9780191794117
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198727781.003.0014
- Subject:
- Law, EU Law, Legal Profession and Ethics
The Epilogue wraps up the discussion with respect to selected recurring themes. Section two carries out a comparative assessment of the overall performance of the judicial expert advisory panels in ...
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The Epilogue wraps up the discussion with respect to selected recurring themes. Section two carries out a comparative assessment of the overall performance of the judicial expert advisory panels in the EU and the ECHR. Section three critically revisits the selection criteria coined by the 255 Panel. In section four, a theme problematic in both European systems and tackled throughout the volume is revisited: the lack of transparency and control of the operation and output of the advisory panels and, by implication, the overall European judicial selection process. Finally, sections five and six deal with the more sociological questions: what type of European judges are the new criteria and procedures likely to generate? Section seven concludes with reflection as to whether or not a working language of a court that is no longer so widely spoken might not in itself operate as an obstacle in attracting top judicial candidates.Less
The Epilogue wraps up the discussion with respect to selected recurring themes. Section two carries out a comparative assessment of the overall performance of the judicial expert advisory panels in the EU and the ECHR. Section three critically revisits the selection criteria coined by the 255 Panel. In section four, a theme problematic in both European systems and tackled throughout the volume is revisited: the lack of transparency and control of the operation and output of the advisory panels and, by implication, the overall European judicial selection process. Finally, sections five and six deal with the more sociological questions: what type of European judges are the new criteria and procedures likely to generate? Section seven concludes with reflection as to whether or not a working language of a court that is no longer so widely spoken might not in itself operate as an obstacle in attracting top judicial candidates.
