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Articles 1 - 5 of 5
Full-Text Articles in Legal History
Introduction, John Makdisi
The Logic Of Legal Reasoning In Religious And Non-Religious Cultures: The Case Of Islamic Law And The Common Law, Wael B. Hallaq
The Logic Of Legal Reasoning In Religious And Non-Religious Cultures: The Case Of Islamic Law And The Common Law, Wael B. Hallaq
Cleveland State Law Review
It is only reasonable to assume that dissimilar legal systems possess dissimilar patterns of legal reasoning. Inasmuch as two legal systems differ in their structure and function, they also differ in the types of arguments they employ in their service. It may well be argued that law is, in the final analysis, the product of the premises and methods from and through which it is derived. Two such legal systems which display a vast difference in their overall structure and function are Islamic law and the common law. This paper proposes to shed some light on the logic of legal …
The Guilds Of Law In Medieval Legal History: An Inquiry Into The Origins Of The Inns Of Court, George Makdisi
The Guilds Of Law In Medieval Legal History: An Inquiry Into The Origins Of The Inns Of Court, George Makdisi
Cleveland State Law Review
Medieval England presents the student of legal history with a number of interesting peculiarities. Among these are the common law and the schools where it was taught, the Inns of Court. English law was the only native law in medieval Europe, functioning distinctly from both civil and canon law. It was judge-made, and followed the case-law method peculiar to it, distinct from the codification system of civil and canon law. Its schools, the Inns of Court, were, in Christendom, the only law schools of their kind that came out of the Middle Ages into modern times. These and other features …
English Common Law And Islamic Law In The Middle East And South Asia: Religious Influences And Secularization, Herbert Liebesny
English Common Law And Islamic Law In The Middle East And South Asia: Religious Influences And Secularization, Herbert Liebesny
Cleveland State Law Review
In England, during the first half of the seventeenth century a serious conflict having both legal and political implications arose concerning the Royal Prerogative. King James I insisted upon the Royal Prerogative, which placed the King above the law and gave him absolute power. Sir Edward Coke, on his part, argues that the common law was above the King's Prerogative. This led to a violent clash between Coke and the King in November 1608. A general discussion of the further development of common law and of the decisive role of Parliament is beyond the framework of this Article. One aspect, …
Formal Rationality In Islamic Law And The Common Law, John Makdisi
Formal Rationality In Islamic Law And The Common Law, John Makdisi
Cleveland State Law Review
Rationality in a legal system suggests a consistent set of legal propositions as well as methods for modifying, limiting, and expanding the laws which are governed by some type of logical apparatus. It is a desirable characteristic because it furthers one of the primary ends of a legal system: It facilitates social interaction by enabling members of society to calculate the consequences of their conduct. It is not an easy concept to define, however. Rationality may take different forms, more or less formal, more or less innovative. These different forms shall be examined to determine the type of rationality which …