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Anglo-Muhammadan Law  

Syed Adnan Hussain

Print publication date:
Nov 2018
Online publication date:
Sep 2017
This article examines the historical origins, sources, and subject-matter jurisdiction of Anglo–Muhammadan law, along with its influence on the trajectories of Islamic law. After providing ... More

The Classical Period: Scripture, Origins, and Early Development  

Mariam Sheibani, Amir Toft, and Ahmed El Shamsy

Print publication date:
Nov 2018
Online publication date:
Apr 2017
This article examines whether the Qur’an served as a source for the early jurists during the classical period; whether Hadith reports contain authentic information regarding Muhammad’s ... More

Constitutionalism  

Mark E. Brandon

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines constitutionalism in the United States, with particular emphasis on its origins and the problems of constitutional failure. It begins with an overview of the origins ... More

Critical legal studies: Europe  

Emilios Christodoulidis and Johan van der Walt

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter traces the tradition of critical theory in Europe in the way it has informed and framed legal thought. A key, and distinctive, element of this legal tradition is that it ... More

Delivering Justice: The Monarch’s ‘Urfi Courts and the Shari‘a in Safavid Iran  

Rula Jurdi Abisaab

Print publication date:
Nov 2018
Online publication date:
Oct 2017
This article examines the relationship between the ‘urfi (monarchical/sultanic) and the shari‘a courts in the administration of justice in Safavid Iran. In particular, it considers the ... More

Falsafa and Law  

Andrew March

Print publication date:
Nov 2018
Online publication date:
Jan 2016
This article examines the place of law in the falsafa (philosophy) tradition. Political philosophy was largely a derivative topic for the philosophers of the Islamic world. One indication ... More

Feminist Historiography of Law: An Exposition and Proposition  

Maria Drakopoulou

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter examines how feminist legal history is conceived of as a unified field of study. The first part surveys the current state of the field, and by setting aside national borders ... More

Hisba and Muhtasib  

Kristen Stilt and M. Safa Saraçoğlu

Print publication date:
Nov 2018
Online publication date:
Sep 2018
This chapter examines the scholarship that has dealt with the concept of hisba and the related position of muhtasib. The discussion includes a substantial section on the historical ... More

Historical Jurisprudence  

Mathias Reimann

Print publication date:
Aug 2018
Online publication date:
Sep 2018
Historical jurisprudence first arose in the German romantic era in the early nineteenth century and lasted until it was gradually superseded by the sociological turn in legal thought ... More

Historical Research On Islamic Law  

Lena Salaymeh

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter provides a partial sketch of recent Islamic legal historiography in the West, with modest suggestions for future research. It suggests that historical research on Islamic law ... More

A Historiography of Islamic Law in the Mughal Empire  

M. Reza Pirbhai

Print publication date:
Nov 2018
Online publication date:
Mar 2016
Whereas political and cultural histories of the Mughal Sultanate (1526–1858) abound, the study of Islamic law under the state’s auspices is less clearly drawn. This article considers the ... More

Imami Shi‘I Legal Theory: From its Origins to the Early Twentieth Century  

Robert Gleave

Print publication date:
Nov 2018
Online publication date:
Jun 2018
This article discusses the historical development of Imami usul al-fiqh and the major themes that make Shi‘i usul a distinctive system of jurisprudence within the broader history of usul ... More

Jeremy Bentham (1748–1832)  

Philip Schofield

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter discusses the thought and works of Jeremy Bentham (1748–1832). Since the late 1960s Bentham scholarship has been driven by the appearance of volumes in the new authoritative ... More

Jewish Law  

Steven Wilf

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter argues that Jewish law’s distinctive nature is constructed from the ancient to the modern period in the midst of a complex, competing world of plural legalism. It examines how ... More

Legal Formalism  

Michael Lobban

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter considers the era of ‘legal formalism’, which is usually taken to refer to the period in American legal thought between the 1860s and the 1920s, when a new generation of ... More

Legal History and The Material Turn  

Tom Johnson

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter considers the implications of the ‘material turn’ in the humanities and social sciences for the study and writing of legal history. It suggests three paths forward for how ... More

Legal History as Legal Scholarship: Doctrinalism, Interdisciplinarity, and Critical Analysis of Law  

Markus D. Dubber

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter outlines an approach to legal history that regards historical analysis as one mode of critical analysis of law, along with other modes of ‘interdisciplinary’ analysis ... More

Legal Scholarship: The Theory of Sources and Methods of Law  

Jan Schröder

Print publication date:
Jul 2018
Online publication date:
Aug 2018
The contribution is about the development of the concept of law, and the theory of legal sources and methods in the early modern period. The chapter builds on continental legal literature, ... More

Marxist Legal History  

Christopher Tomlins

Print publication date:
Aug 2018
Online publication date:
Sep 2018
Forty years after the 1975–1985 decade of socialism’s macro-political crisis, and of Western Marxism’s metastasizing theoretical crisis and eventual dispersal, we are in the grip of a new ... More

Medieval Canon Law  

Karl Shoemaker

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter considers the historical development of medieval canon law. The term ‘canon law’ refers to the body of law developed by the Catholic Church to govern the body of Christ on ... More

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