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)
Recent Scholarship: Fadel and Monette on the English Translation of the Muwatta’ of Imam Malik b. Anas
"Introduction to the English Translation of the Muwatta' of Imam Malik b. Anas, Recension of Yahya b. Yahya al-Laythi (Royal Moroccan Edition, 2013)," Mālik b. Anas, al-Muwaṭṭaʾ -- Recension of Yaḥyā b. Yaḥyā al-Laythī (d. 234/848), edited and translated by Mohammad Fadel, University of Toronto Faculty of Law, and Connell Monette, American Academy Casablanca. The Muwatta' of Malik b. Anas … Continue reading Recent Scholarship: Fadel and Monette on the English Translation of the Muwatta’ of Imam Malik b. Anas
Slavery and Freedom in the Yaḥyā b. Yaḥyā (d. 234/848) Recension of the Muwaṭṭaʾ of Mālik b. Anas
The years I spent working on the forthcoming translation of the Muwaṭṭaʾ overlapped in part with the rise of the Islamic State in Iraq and Syria (“ISIS”), and its claim to a caliphate. Among other outrages, ISIS introduced certain forms of slavery to the territory under its control, most prominently, concubinage. This decision was ostensibly … Continue reading Slavery and Freedom in the Yaḥyā b. Yaḥyā (d. 234/848) Recension of the Muwaṭṭaʾ of Mālik b. Anas
Commentary :: Gharar: The Origins of the Prohibition
By Katarzyna Sidło Gharar is arguably one of the least understood concepts in Islamic finance. In linguistic terms, it means jeopardy, risk, danger, or hazard, and is a verbal noun (maṣdar) from the word taghr, which in turn means exposing oneself or one’s property to danger. It may refer to ignorance, injustice, or deceit. As … Continue reading Commentary :: Gharar: The Origins of the Prohibition
Program for the Annual Meeting of the American Society for Legal History Announced
The program for the annual meeting of the American Society for Legal History, to be held in Boston, November 21-24, 2019, has been announced. More information on the conference is here. Download the conference program at this link. WEDNESDAY, NOVEMBER 20, 2019 9:00 AM – 4:00 PM What is a Legal Archive? (Center for History and Economics, Harvard … Continue reading Program for the Annual Meeting of the American Society for Legal History Announced
Dudziak Prize for Digital Legal History
Mary L. Dudziak Digital Legal History Prize, awarded for excellence in digital legal history. The amount of the award is $250. The deadline is September 1, 2019. The Dudziak Prize, named in honor of Mary L. Dudziak, a leading scholar of twentieth century U.S. legal history and international relations as well as a digital history pioneer, … Continue reading Dudziak Prize for Digital Legal History
Recent Scholarship: Sen Responds to Stephens’ “Governing Islam”
"Law and Other Things," a blog about India's laws and legal system, has been hosting a book discussion on Julia Stephen’s Governing Islam: Law, Empire and Secularism in South Asia (2018). The book explores the colonial underpinnings of contemporary struggles between Islam and secularism in India, Pakistan, and Bangladesh. Here is an excerpt of Professor Jhuma Sen's response: Governing Islam: Law, … Continue reading Recent Scholarship: Sen Responds to Stephens’ “Governing Islam”
Recent Scholarship: Rubin on the Passage of Ottoman Law into the Modern Era
Ottoman Rule of Law and the Modern Political Trial: The Yildiz Case "In 1876, a recently dethroned sultan, Abdülaziz, was found dead in his chambers, the veins in his arm slashed. Five years later, a group of Ottoman senior officials stood a criminal trial and were found guilty for complicity in his murder. Among the … Continue reading Recent Scholarship: Rubin on the Passage of Ottoman Law into the Modern Era