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Abandoning the Nationalist Framework: Comparative Legal History  

Kjell Å Modéer

Print publication date:
Jul 2018
Online publication date:
Aug 2018
This chapter is about the relations between the national legal system and the ‘other’—especially from the creation of the modern nation state in the early nineteenth century and up to ... More

al-Qaḍi  

Mohammad Fadel

Online publication date:
Oct 2016
The paradigmatic public institution associated with the application of Islamic law from the rise of Islam until the end of the nineteenth century has been the qadi. This essay examines the ... More

Critical Histories of Comparative Law  

Günter Frankenberg

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter considers the history of comparative law. The birth of comparative law as a discipline can be traced back to the year 1900, when the Congrès International de Droit Comparé in ... More

From Evolutionary Functionalism to Critical Transnationalism: Comparative Legal History, Aristotle to Present  

Katharina Isabel Schmidt

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter explores practices of legal-historical comparison from their beginnings as an occasional element of ancient, medieval, and early modern treatises to their institutionalization ... More

The Historiography of Sunni Usul al-Fiqh  

Youcef Soufi

Online publication date:
Oct 2016
This article reviews scholarship on the history of Sunni usul al-fiqh—also known as “Islamic jurisprudence,” “legal theory,” “source law,” “legal methodology,” and “proofs of the law” ... More

Types of Constitutions  

Dieter Grimm

Print publication date:
May 2012
Online publication date:
Nov 2012
This article presents a history of ideas of constitutional designs and conceptions of constitutionalism. It discusses the problem with typologies, identifying the object, the constitution ... More

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