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Full-Text Articles in Law
Ijtihād Against Madhhab: Legal Hybridity And The Meanings Of Modernity In Early Modern Daghestan, Rebecca Gould
Ijtihād Against Madhhab: Legal Hybridity And The Meanings Of Modernity In Early Modern Daghestan, Rebecca Gould
Rebecca Gould
No abstract provided.
Global Poverty And The Right To Development In International Law, Patrick Macklem
Global Poverty And The Right To Development In International Law, Patrick Macklem
Patrick Macklem
This Article advances an account of the right to development as a legal instrument that holds the international legal order accountable for its role in the production and reproduction of global poverty. It first distinguishes moral conceptions of human rights, as instruments that protect universal features of humanity, from legal conceptions, which tie their existence to their specification in international instruments promulgated in compliance with international legal norms governing the creation of legal rights and obligations. Despite textual ambiguities in the various instruments in which it finds expression, the right to development vests in individuals and communities who have yet …
Legitimating Revolt: Classical Legal Thought And The Birth Of Political Islam, Andrew V. Moshirnia
Legitimating Revolt: Classical Legal Thought And The Birth Of Political Islam, Andrew V. Moshirnia
Andrew V Moshirnia
Scholars typically identify the Tobacco Movement in Nineteenth-Century Iran as the key moment when the ulama, or Muslim clergy, emerged as a political force. While theorists have suggested that religious reform or the Marxist class struggle caused this event, these explanations fail to account for the Movement’s emphasis on the will of the individual, the need for systematized laws, and the involvement of women. These attributes are hallmarks of Classical Legal Thought, the dominant legal consciousness of the era. Two key reformers, Sayyid Jamal ad-Din (“Afghani”) and Mirza Malkum Khan (“Malcom”), used the language of Classical Legal Thought in painting …
"Remnants Of Past Troubles:" Self-Government Among Territories, Alan Tauber
"Remnants Of Past Troubles:" Self-Government Among Territories, Alan Tauber
Alan Tauber
The United Nations has declared 2001-2010 the Second Decade for the Elimination of Colonialism. In order to achieve this goal, the 16 remaining non-self-governing territories identified under Article 73 of the UN Charter must achieve self-government. But how is the UN to determine when that goal has been achieved? It is the argument of this article that the current definitions promulgated by the UN fail to provide any clear guidance, and conducts an empirical analysis, utilizing Qualitative Comparative Analysis, to compare non-self-governing territories and self-governing territories. It finds that the UN’s lists of factors of self-government fail to provide an …
Colonial Encounters In Modern [International] Law, Jorge Gonzalez-Jacome
Colonial Encounters In Modern [International] Law, Jorge Gonzalez-Jacome
Jorge Gonzalez-Jacome
This is an unpublished work in which I am still working. It argues how the idea of exception in modern law is the place where colonialism is still deploying a particular dynamic naming the 'other' as someone who must be dehumanized and eliminated. Comments are welcome in the email address provided in the text.
Is Florida Still A State? The Implications Of The Abrogation Of The Adams-Deonis Treaty On Florida's Status Under International Law., William Pena Wells
Is Florida Still A State? The Implications Of The Abrogation Of The Adams-Deonis Treaty On Florida's Status Under International Law., William Pena Wells
william pena wells
The United States acquired the Spanish colonies of East and West Florida in 1819 by virtue of the Adams-deOnis Treaty. At the close of the Spanish American War of 1898, the United States and Spain signed a treaty which “abrogated” and "annulled” all prior treaties, including the Adams-deOnis Treaty. This article proposes that having handed over sovereignty of the Florida territory, the United States merely occupies the area as a colonial power, subject to the provisions of the United Nations Charter, which provides for territorial self-determination of colonial peoples.
El Uso Del Derecho Comparado Como Forma De Escape De La Subordinación Colonial, Jorge Gonzalez-Jacome
El Uso Del Derecho Comparado Como Forma De Escape De La Subordinación Colonial, Jorge Gonzalez-Jacome
Jorge Gonzalez-Jacome
The Colombian legal culture has not been able to make a fruitful use of the available methodologies in the area of comparative law. National doctrine has understood comparative law as a contrast between two legal provisions that belong to different legal systems without being aware that this kind of comparison is contributing to perpetuate old colonialist ideologies. This phenomenon is visible when Colombian doctrine compares our legal provisions with those issued in what might be called countries of the first world. Under this perspective, it appears that law travels from the civilized world to the uncivilized. Therefore, I think that …