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NCJRS Abstract

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NCJ Number: 66036 Find in a Library
Title: ISLAM AND APPEAL
Journal: CALIFORNIA LAW REVIEW  Volume:68  Issue:2  Dated:(MARCH 1980)  Pages:350-381
Author(s): M SHAPIRO
Corporate Author: University of California
Berkeley School of Law
United States of America
Date Published: 1980
Page Count: 32
Sponsoring Agency: University of California
Berkeley, CA 94720
Format: Article
Language: English
Country: United States of America
Annotation: EXAMINATION OF ISLAMIC LEGAL CULTURE, WHERE, IN THE ABSENCE OF JUDICIAL OR POLITICAL HIERARCHIES, APPEAL IS NOT PRACTICED, LEADS TO THE CONCLUSION THAT POLITICAL CONTROL, RATHER THAN JUSTICE UNDER LAW, MOTIVATES APPEAL.
Abstract: IT IS HYPOTHESIZED THAT THE ALMOST UNIVERSAL ADOPTION OF APPEAL BY VARIOUS LEGAL SYSTEMS DOES NOT LIE IN A COMMITMENT TO INDIVIDUAL RIGHTS AND LEGAL UNIFORMITY AS GENERAL VALUES, BUT THAT IT COMES FROM THE BENEFITS THAT APPEAL MECHANISMS PROVIDE TO CENTRALIZING REGIMES ENGAGED IN THE SOLICITATION OF POLITICAL LOYALTY AND THE FACILITATION OF HIERARCHICAL CONTROL. THIS HYPOTHESIS THAT POLITICAL HIERARCHIES ARE THE WELLSPRING OF APPELLATE PROCESSES IS APPLIED TO THE LEGAL SYSTEM OF ISLAM, WHICH STANDS ALONE AMONG MAJOR LEGAL CULTURES IN ITS FAILURE TO EMPLOY APPELLATE MECHANISMS. ISLAMIC CULTURAL PECULIARITIES ARE INVESTIGATED, WITH THE ARGUMENT THAT THEY DO NOT ALONE EXPLAIN THE ABSENCE OF APPEAL, SINCE SUCH MECHANISMS HAVE DEVELOPED IN SIMILAR SOCIETIES. FURTHER, INSTITUTIONAL FACTORS, SUCH AS DUAL JUDICIAL STRUCTURES AND WEAK HIERARCHIES IN ISLAMIC POLITICAL AND RELIGIOUS ORGANIZATIONS ARE EXPLORED TO EXPLAIN THE ABSENCE OF APPEAL. FINALLY, A FOCUSED ANALYSIS OF THE OTTOMAN EMPIRE'S LEGAL SYSTEM IS PRESENTED, TO SHOW THAT APPELLATE PROCEDURES FLOURISHED AS POLITICAL POWER BECAME CONCENTRATED, AND CONVERSELY, WANED AS THAT POWER WAS DISPERSED. FOOTNOTES ARE INCLUDED. (MRK)
Index Term(s): Appellate courts; Cultural influences; Jurisprudence; Legal doctrines; Middle East; Religion
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66036

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