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How do people justify what others see as transgression? Taking that question to the Persian-Muslim and Latin-Christian worlds over the period 1200 to 1700, this book shows that people in both these worlds invested considerable energy in worrying, debating, and writing about proscribed practices. It compares how people in the two worlds came to terms with the proscriptions of sodomy, idolatry, and usury. When historians speak of the gap between premodern practice and the legal theory of the time, they tend to ignore the myriad of justifications that filled this gap. Moreover, a focus on justification evens out many of the contrasts that have been alleged to exist between the two worlds, or the Muslim and Christian worlds more generally. The similarities outweigh the differences in the ways people came to terms with the various rules of divine law. The level of flexibility of the theologians and jurists in charge of divine law varied more over time and by topic than between the two worlds. Both worlds also saw the development of ever more sophisticated justifications. Amid the increasing complexity of justifications, a particular kind of reasoning emerged: that good outcomes are more important than upholding rules for their own sake.

SOCIAL SCIENCE / Sociology of Religion. --- Sodomy. --- comparative world history. --- consequentialism. --- idolatry. --- legal pluralism. --- usury. --- Sin --- Sodomy --- Idols and images --- Usury laws (Canon law) --- Interest (Islamic law) --- Christianity. --- Islam. --- Religious aspects --- Worship

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State-Building as Lawfare explores the use of state and non-state legal systems by both politicians and ordinary people in postwar Chechnya. The book addresses two interrelated puzzles: why do local rulers tolerate and even promote non-state legal systems at the expense of state law, and why do some members of repressed ethnic minorities choose to resolve their everyday disputes using state legal systems instead of non-state alternatives? The book documents how the rulers of Chechnya promote and reinvent customary law and Sharia in order to borrow legitimacy from tradition and religion, increase autonomy from the metropole, and accommodate communal authorities and former rebels. At the same time, the book shows how prolonged armed conflict disrupted the traditional social hierarchies and pushed some Chechen women to use state law, spurring state formation from below.

Law --- Lawfare --- Nation-building --- Legal polycentricity --- Customary law --- Muslims --- Legal status, laws, etc. --- Mohammedans --- Moors (People) --- Moslems --- Muhammadans --- Musalmans --- Mussalmans --- Mussulmans --- Mussulmen --- Religious adherents --- Islam --- Customs (Law) --- Folk law --- Law, Primitive --- Traditional law --- Usage and custom (Law) --- Social norms --- Common law --- Time immemorial (Law) --- Bijuralism --- Legal pluralism --- Pluralism, Legal --- Polycentric law --- Polycentricity, Legal --- Conflict of laws --- Stabilization and reconstruction (International relations) --- State-building --- Political development --- Legal warfare (Public interest law) --- Public interest law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation

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"Cultural Expertise, Law and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications, and ethical implications. This book engages an extensive and interdisciplinary variety of topics - ranging from race, language, sexuality, Indigenous rights, and women's rights to immigration and asylum laws, international commercial arbitration, and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences - especially law, anthropology, and sociology - and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law, and other fields of law in which cultural arguments play a role"--

Law and anthropology. --- Forensic anthropology. --- Culture and law. --- Multiculturalism --- Ethnological jurisprudence. --- Customary law --- Minorities --- Legal polycentricity --- Evidence, Expert. --- Law and legislation. --- Social aspects. --- Legal status, laws, etc. --- Expert evidence --- Expert testimony --- Expert witness --- Expert witnesses --- Opinion evidence --- Scientific evidence (Law) --- Evidence (Law) --- Witnesses --- Bijuralism --- Legal pluralism --- Pluralism, Legal --- Polycentric law --- Polycentricity, Legal --- Law --- Conflict of laws --- Minority rights --- Customs (Law) --- Folk law --- Law, Primitive --- Traditional law --- Usage and custom (Law) --- Social norms --- Common law --- Time immemorial (Law) --- Social legislation --- Jurisprudence, Ethnological --- Comparative law --- Law and culture --- Anthropology, Forensic --- Medicolegal anthropology --- Forensic sciences --- Anthropology --- Anthropology and law --- Ethnological jurisprudence