Suchergebnisse

Schwierige Beziehungen zwischen islamischem Recht und traditionellen Rechtsgebräuchen. Auswirkungen auf das Verhältnis von Staat und Stamm. Analyse eines Dokuments über Grenzstreitigkeiten zwischen zwei Stämmen. (DÜI-Seu)

"In this volume leading historians and anthropologists with an interest in law gather to analyse the nature and meaning of law in diverse societies. They start from the concept of legalism, taken from the anthropologist Lloyd Fallers, whose 1960s work on Africa engaged, unusually, with jurisprudence. The concept highlights appeal to categories and rules. The degree to which legalism in this sense informs people's lives varies within and between societies, and over time, but it can colour equally both 'simple' and 'complex' law. Breaking with recent emphases on 'practice', nine specialist contributors explore, in a wide-ranging set of cases, the place of legalism in the workings of social life. The essays make obvious the need to question our parochial common sense where ideals of moral order at other times and places differ from those of modern North Atlantic governance. State-centred law, for instance, is far from a 'central case'. Legalism may be 'aspirational', connecting people to wider visions of morality; duty may be as prominent a theme as rights; and rulers from thirteenth-century England to sixteenth-century Burma appropriate, as much they impose, a vision of justice as consistency. The use of explicit categories and rules does not reduce to simple questions of power. The cases explored range from ancient Asia Minor to classical India, and from medieval England and France to Saharan oases and southern Arabia. In each case they assume no knowledge of the society or legal system discussed. The volume will appeal not only to historians and anthropologists with an interest in law, but to students of law engaged in legal theory, for the light it sheds on the strengths and limitations of abstract legal philosophy."--Publisher's description

Rezension von: Dresch, Paul: A history of modern Jemen. - Cambridge : Cambridge Univ. Press, 2001. - ISBN 0521790921

An outbreak of fighting in May 1994 put Yemen in the world's headlines when, from one point of view, the unity of Yemen proclaimed in May four years earlier was confirmed by force. One topic which straddles that period has been Islah, an Islamist party of unusual form. The present article explores the rhetorical axes that defined Islah. Briefly put, a supposedly "fundamentalist," even "radical," party, was in fact more a party of the establishment center. Its public identity, however, depends on terms and arguments that are centered elsewhere than Yemen, and they misrepresent, to many Yemenis as to others, what is happening. The problem is not resolved by such standard academic moves as avoiding "stereotypes" or sticking to "local terms." The terms at issue are widely shared among Yemenis and foreigners alike.