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COMPARATIVE LAW, LEGAL HISTORY, AND THE HOLISTIC APPROACH TO LEGAL CULTURES. by Michele Graziadei Xem thêm:  COMPARATIVE LAW - The holistic approach to legal cultures (part 1) Xem thêm:  COMPARATIVE LAW - The holistic approach to legal cultures (part 2) 3.  Comparative Law as a Critical Perspective on the Historiographical Canon. So far, I have presented the obvious case for the use of comparative law research by legal historians. However, despite these uses, the principal contribution of comparative law to legal history probably lies elsewhere. Comparative law can operate as a critique of, and an aid to overcome, the dominant modes of thought shared by the scholarly community of legal historians. Legal historians trained solely in the study of their own legal tradition are inclined to share the preconceptions that shape the legal culture they belong to.[29]. Indeed, because historians (like the rest of the people) live in society and partake i...

COMPARATIVE LAW, LEGAL HISTORY, AND THE HOLISTIC APPROACH TO LEGAL CULTURES. by Michele Graziadei Xem thêm:  COMPARATIVE LAW - The holistic approach to legal cultures (part 1) 2. Comparative Law, Diffusionism, and Legal History.   Any legal historian knows several examples of how institutions, doctrines and legal rules, which are present in a given territory, have their roots elsewhere. The best known examples of this complex phenomenon, in the history of law before the enactment of the civil codes, are provided by the diffusion of the Roman law in the Middle Ages[6]. Closer to us in time, the adoption of the civil codes by countries that have different social and economic structures[7] and the expansion of the common law throughout the world[8] are other illustrations of the dimensions of this dynamic. From the comparative lawyer’s point of view, however, one may ask whether all the implications of the growth of the law by diffusion[9] have been really app...

COMPARATIVE LAW, LEGAL HISTORY, AND THE HOLISTIC APPROACH TO LEGAL CULTURES. by Michele Graziadei 1.          Introduction What can comparative law do for legal history? The question has no obvious answer today, in our age of specialized disciplines, such as legal history and comparative law[1]. Therefore, we need to address it afresh[2]. In doing this, the present contribution advances some points of view that may foster a new dialogue among scholars who may want to cross the line between the fields of comparative law and legal history. As a matter of fact, though the birth of modern historiography owes much to the development of comparative studies in the field of law[3], most legal history today is written without paying regard to comparative legal studies. The same is true for comparative law: comparative law scholarship seldom delves deeply into the historical dimension of the law, but rather focuses on the present alone. Of...

SOURCES OF SHARIA LAW (ISLAMIC LAW) All religions have sets of codified laws, but they take on special importance for the Islamic faith, since these are the rules that govern not only the religious lives of Muslims but also form the basis of civil law in nations that are Islamic Republics, such as Pakistan, Afghanistan, and Iran. Even in nations that are not formally Islamic republics, such as Saudi Arabia and Iraq, the overwhelming percentage of Muslim citizens causes these nations to adopt laws and principles heavily influenced by Islamic religious law. Islamic law is based upon four main sources, outlined below. I.                   THE QURAN Muslims believe the  Quran  to be the direct words of Allah, as revealed to and transmitted by the  Prophet Muhammad . All sources of Islamic law must be in essential agreement with the Quran, the most fundamental source of Islam...