Overview

This volume formulates the hypothesis of a truly global revolution that reflected a Great Divide between ancient and new legal regimes. The volume brings together several case studies of transition from an ancient to a new legal regime characterized by the positivization of the law. This was an effect of Western imperialism, but also of local elites’ conviction that positive law was an efficient instrument of governance. The contributors emphasize the depth and scale of the positivist legal revolution and explore the phenomenon whether it was the outcome of either direct colonialism (Morocco, Egypt, India) or indigenous reformism (Ottoman empire, China, Japan).

Full Product Details

Author:   Badouin Dupret ,  Jean-Louis Halpérin
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   55
Weight:   0.587kg
ISBN:  

9789004498655

ISBN 10:   9004498656
Pages:   268
Publication Date:   17 December 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Notes on Contributors Introduction   Baudouin Dupret 1 The Great Divide in Legal Discourse: Towards a Global Historical Ontology of the Concept of Positive Law   Baudouin Dupret and Gianluca Parolin 2 Historical Landmarks in Mapping the Spread of Positive Law Teaching   Jean-Louis Halpérin 3 Writing Customs: Three Episodes in the Process of Positivization of Berber Customary Law in Morocco   Léon Buskens 4 Ambiguities and Interdependencies: The Relationship between Legal Positivization and Islamic Law in Colonial India, 1765–1909   Jean-Philippe Dequen 5 The Positivization of Ottoman Law and the Question of Continuity   Avi Rubin 6 How Government Jurists and Lawyering Approached the “Positivizing” of the Law in China   Tzung-Mou Wu 7 The Meiji Era: When Japanese Law Became Positivized   Béatrice Jaluzot Conclusion   Jean-Louis Halpérin Index

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Author Information

Baudouin Dupret is Directeur de Recherche at the French National Centre for Scientific Research (CNRS), based at the institute Les Afriques dans le Monde, Bordeaux (France), and guest lecturer at the University of Louvain (Belgium). He has published extensively in the field of the sociology and anthropology of law in the Muslim world. He (co-)edited numerous volumes, the most recent one being Legal Rules in Practice (with J. Colemans and M. Travers, Routledge, 2020), and single-authored several books, including Positive Law from the Muslim World (Cambridge University Press, 2021). Jean-Louis Halpérin, Ph. D. (1985), University Paris II, is currently Professor of legal history at the Ecole Normale supérieure - Paris Siences Lettres. He has published monographs and many articles on European and Asian legal history, including Five Legal Revolutions since the 17th Century. A Analysis of Global Legal History(Springer, 2014). Contributors are: Léon Buskens, Jean-Philippe Dequen, Baudouin Dupret, Jean-Louis Halpérin, Béatrice Jaluzot, Gianluca Parolin, Avi Rubin, and Tzung-Mou Wu.

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