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al-Qaḍi

Mohammad Fadel.

in The Oxford Handbook of Islamic Law

P ublished online October 2016 .

Article. Subjects: Comparative Law; History of Law. 11234 words.

The paradigmatic public institution associated with the application of Islamic law from the rise of Islam until the end of the nineteenth century has been the qadi. This essay examines the...

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Appointments to the Supreme Court

Daniel Friedmann.

in The Purse and the Sword

September 2016; p ublished online August 2016 .

Chapter. Subjects: Comparative Law; History of Law. 9058 words.

This chapter discusses the appointments of twelve justices during Aharon Barak’s eleven-year tenure as chief justice. Eleven of these candidates were proposed by the court itself. Only one...

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Aspects of Non-State Law: Early Yemen and Perpetual Peace

Paul Dresch.

in Legalism

August 2012; p ublished online January 2013 .

Chapter. Subjects: Comparative Law; History of Law. 14044 words.

This chapter explores the ‘laws of protection’ in Yemen (c.1400 onwards). By examining a case where law can be shown to work ‘sideways’ rather than ‘top down’, it is shown that legalism...

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The Attorney General and His Powers

Daniel Friedmann.

in The Purse and the Sword

September 2016; p ublished online August 2016 .

Chapter. Subjects: Comparative Law; History of Law. 1657 words.

This chapter discusses the duties and functions of the attorney general in Israel, as well as the tenures of some notable personalities appointed to the post. The country’s first minister...

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The Attorney General Reigns Supreme

Daniel Friedmann.

in The Purse and the Sword

September 2016; p ublished online August 2016 .

Chapter. Subjects: Comparative Law; History of Law. 8713 words.

This chapter argues that the Supreme Court has elevated the position of the attorney general from the government’s counsel to its commander in chief by holding that his opinions are binding...

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The Bar-On–Hebron Affair

Daniel Friedmann.

in The Purse and the Sword

September 2016; p ublished online August 2016 .

Chapter. Subjects: Comparative Law; History of Law. 2376 words.

This chapter examines the Bar-On–Hebron affair, a scandal that broke out following attempts to replace the sitting attorney general, Michael Ben-Yair, by Prime Minister Benjamin Netanyahu....

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The Birth of Jewish Denominations in Modernity and Their Divergent Views on Jewish Law

Roberta Rosenthal Kwall.

in The Myth of the Cultural Jew

February 2015; p ublished online March 2015 .

Chapter. Subjects: History of Law; Comparative Law. 17009 words.

Chapter 4 grapples with the intractable questions of what is “authentic” Judaism in modernity and who gets to make this determination. It focuses on the European origins of the various...

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Center and Periphery

William E. Nelson.

in The Common Law in Colonial America

May 2016; p ublished online May 2016 .

Chapter. Subjects: History of Law; Comparative Law. 4775 words.

This chapter shows how the late seventeenth-century and eighteenth-century legal system of Virginia developed to preserve the power of local governments presided over by elite magistrates...

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Centres of Law: Duties, Rights, and Jurisdictional Pluralism in Medieval India

Donald R. Davis.

in Legalism

August 2012; p ublished online January 2013 .

Chapter. Subjects: Comparative Law; History of Law. 13180 words.

This chapter addresses the following question: how do we incorporate again a language and a sentiment of duty into legal discourse and the law without sacrificing the many gains and...

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Changes and Reform Proposals

Daniel Friedmann.

in The Purse and the Sword

September 2016; p ublished online August 2016 .

Chapter. Subjects: Comparative Law; History of Law. 3639 words.

This chapter sets forth several proposals for overturning the Supreme Court’s inexplicable hold over the other branches of government. Tantamount to these reforms was the work of putting...

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