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