This book presents a comparative analysis of the judiciary in the Islamic, Jewish and Zoroastrian legal systems. It compares postulations of legal theory to legal practice in order to show that social practice can diverge significantly from religious and legal principles. It thus provides a greater understanding of the real functions of religion in these legal systems, regardless of the dogmatic positions of the religions. The judiciary is the focus of the study as it is the judge who is obliged to administer to legal texts yet at the same time to consider social realities being sometimes at…mehr
This book presents a comparative analysis of the judiciary in the Islamic, Jewish and Zoroastrian legal systems. It compares postulations of legal theory to legal practice in order to show that social practice can diverge significantly from religious and legal principles. It thus provides a greater understanding of the real functions of religion in these legal systems, regardless of the dogmatic positions of the religions. The judiciary is the focus of the study as it is the judge who is obliged to administer to legal texts yet at the same time to consider social realities being sometimes at variance with religious ethics and legal rules deriving from them.
Janos Jany is founder and current Head of the Dept. of International Studies Pázmány Péter Catholic University, Budapest, Hungary. He is the author of several books on Islamic and Persian law and has published in both Hungarian and English language journals.
Inhaltsangabe
Introduction Part 1 Theory Chapter 1 Historical Overview Chapter 2 Legal Theory Part 2 Practice Chapter 3 Institutions Chapter 4 The Judge and the Litigants Chapter 5 The Judge and Jurisprudence Chapter 6 The Judge and Society Chapter 7 Conclusions: Lessons in Legal Sociology
Introduction Part 1 Theory Chapter 1 Historical Overview Chapter 2 Legal Theory Part 2 Practice Chapter 3 Institutions Chapter 4 The Judge and the Litigants Chapter 5 The Judge and Jurisprudence Chapter 6 The Judge and Society Chapter 7 Conclusions: Lessons in Legal Sociology
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