Suchergebnisse

Cover; Half Title; Title Page; Copyright Page; Table of Contents; Contributors; Introduction: religious laws and their comparison -- theoretical and methodological issues; The nature of religious laws; Comparative religious law; Further reading; Notes; References; PART I: History; Chapter 1: The Jewish tradition: a history; History; Jewish; Law; The Bible: a covenantal law; The Second Temple Period: an ethnic law; Late Antiquity: jurists' imagined law; The Middle Ages: divine law; The Modern era: law, religion and identity; The twentieth century: law, nationalism and politics; Conclusion

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Contributors -- Introduction: religious laws and their comparison - theoretical and methodological issues -- The nature of religious laws -- Comparative religious law -- Further reading -- Notes -- References -- PART I: History -- Chapter 1: The Jewish tradition: a history -- History -- Jewish -- Law -- The Bible: a covenantal law -- The Second Temple Period: an ethnic law -- Late Antiquity: jurists' imagined law -- The Middle Ages: divine law -- The Modern era: law, religion and identity -- The twentieth century: law, nationalism and politics -- Conclusion -- Notes -- Chapter 2: The Christian tradition: a history -- Origins -- Historical evolution -- Further reading -- References -- Chapter 3: The Islamic tradition: a history -- Origins -- The development of the madhhabs -- The basis for the law -- The law, the scholars and the state -- The modern period -- Reintroduction of 'the Sharīʿa' -- References -- Chapter 4: The Hindu tradition: a history -- Introduction -- Origins of Hindu law -- Historical evolution -- Central characteristics -- Conclusion -- Notes -- References -- Chapter 5: Comparative remarks: a history of religious laws -- References -- PART II: Sources of law -- Chapter 6: Jewish law: the sources -- Variations of meaning and function -- 'Source' and 'resource' -- The biblical paradigm: strong epiphanism -- Grappling with the biblical model in Late Antiquity -- Judeo-Hellenic parallelism -- Rabbinic ambivalence: the human source celebrated and denied -- Medieval Judaism: traditionalism and human reason -- Perfect transmission -- Reasoning and rationality -- Notes -- References -- Chapter 7: Christian law: the sources -- Various denominations and their legal concepts -- Legislation on the international, national and local level -- Instruments of regulation.

"In Sub- Saharan Africa, State laws, customary laws, and to a lesser extent, religious laws co- exist in a tenuous relationship. State laws, also known as common law or laws of general application, are the remnants and adaptations of legal systems that Western Europeans imposed during colonial rule in the 19th and 20th centuries. They encompass statutory laws, codifications, judicial precedents, and the legal culture that accompanied colonial transplants. Religious laws mainly consist of Islamic or Shariah law principles, which have varying degrees of recognition in African legal systems. Customary laws comprise two types: indigenous laws, which are pre- colonial customs observed in their original forms, and adaptations of indigenous practices to globalisation and other socio- economic changes. As we show, most of these socioeconomic changes occur alongside coercive pressure exerted on indigenous behaviour by State laws. This volume investigates legislative and judicial attitudes towards legal pluralism in Africa and the future of indigenous laws in this context. There are three main reasons why this inquiry is significant"--

"In Sub- Saharan Africa, State laws, customary laws, and to a lesser extent, religious laws co- exist in a tenuous relationship. State laws, also known as common law or laws of general application, are the remnants and adaptations of legal systems that Western Europeans imposed during colonial rule in the 19th and 20th centuries. They encompass statutory laws, codifications, judicial precedents, and the legal culture that accompanied colonial transplants. Religious laws mainly consist of Islamic or Shariah law principles, which have varying degrees of recognition in African legal systems. Customary laws comprise two types: indigenous laws, which are pre- colonial customs observed in their original forms, and adaptations of indigenous practices to globalisation and other socio- economic changes. As we show, most of these socioeconomic changes occur alongside coercive pressure exerted on indigenous behaviour by State laws. This volume investigates legislative and judicial attitudes towards legal pluralism in Africa and the future of indigenous laws in this context. There are three main reasons why this inquiry is significant"--