From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 4 :: The Art and Science of Keeping the Peace

This is part 4 in a series of 4 posts. :: Part 4 :: The Art and Science of Keeping the Peace Students of Ḥanafī law learn that the crime of murder consists in a deliberate act, aiming at ending a life, by a competent adult, using—and this is where the emphasis is—a proper murder … Continue reading From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 4 :: The Art and Science of Keeping the Peace

From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 3 :: After the Failure

This is part 3 in a series of 4 posts. :: Part 3 :: An Islamic “Law-and-Economics” Jurisprudence Can one suggest the presence (latent or real) of a law-and-economics version of Islamic criminal law? The diya doctrine of financial restitution for injury has features that invite this consideration.  Diya applies, not only to whole human … Continue reading From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 3 :: After the Failure

From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 2 :: In Government, Society and Jurist We (Need to) Trust

 This is part 2 in a series of 4 posts. :: Part 2 :: In Government, Society and Jurist We (Need to) Trust In this post, I hope to achieve two goals.  First, I want to eliminate any attachment to the notion that punishment in Islamic criminal law is mainly corporeal punishment.  As I provide … Continue reading From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 2 :: In Government, Society and Jurist We (Need to) Trust

From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 1 :: After the Failure

This is part 1 in a series of 4 posts. :: Part 1 :: After the Failure You are the kind of legal scholar who has no patience for trying tactics that lead into predictable problems. You take for granted that criminal acts (as reflection of a criminal capacity) are simply part of human nature, … Continue reading From Punishment to Restitution: In What Direction Should a Restatement of Islamic Law Go? :: Part 1 :: After the Failure

Commentary :: Let’s Lose Lawyers – Afterthoughts

Two points remain to be made at the end of this series, arising from a reaction to, and an interaction of relevance to, the previous blog posts. First, an excellent graduate student at Istanbul Şehir University (Ali Rıza Işın), who is as far as one gets from being a naïve individual, decided to feign naiveté and … Continue reading Commentary :: Let’s Lose Lawyers – Afterthoughts

Commentary :: Let’s Lose Lawyers (4-4)

A minimally professionalized lawyer-advocate is less of an independent agent with interests diverging from those of their appointers. This, in a nutshell, is the image I depicted in three previous posts. If each member of society contemplates needing to defend themselves and their associates in court, they would think differently of rights, laws, and justice. … Continue reading Commentary :: Let’s Lose Lawyers (4-4)

Commentary :: Let’s Lose Lawyers (3-4)

In both Roman and Islamic law, legal representation is not limited to court appearances on behalf of a principal. It is more or less the default in everyday life that men and women (and even children), educated and uneducated, rich and poor—all need to be represented by others, and that need is presumed to arise … Continue reading Commentary :: Let’s Lose Lawyers (3-4)

Commentary :: Let’s Lose Lawyers (2-4)

At the end of the last post we met the negotiorum gestor, an administrator of the business of another, even without any mandate from the principal. The argument for this and for the more recognizable representative, who receives an explicit appointment by the principal, we learn (from Ulpian), was made from “necessity.”  In the Digest, … Continue reading Commentary :: Let’s Lose Lawyers (2-4)

Commentary :: Let’s Lose Lawyers (1-4)

INTRODUCTION TO A SERIES OF FOUR POSTS In this series, I aim to play with a few ideas. First, I will imagine a society without heavily professionalized sophists who can argue either side in a legal dispute, i.e., lawyer-advocates (posts 1-2). The historical models I employ (Roman and Islamic law) allow me to underscore the … Continue reading Commentary :: Let’s Lose Lawyers (1-4)