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How do a legal order and the rule of law develop in a war-torn state? Using his field research in Sudan, the author uncovers how colonial administrators, postcolonial governments and international aid agencies have used legal tools and resources to promote stability and their own visions of the rule of law amid political violence and war in Sudan. Tracing the dramatic development of three forms of legal politics - colonial, authoritarian and humanitarian - this book contributes to a growing body of scholarship on law in authoritarian regimes and on human rights and legal empowerment programs in the Global South. Refuting the conventional wisdom of a legal vacuum in failed states, this book reveals how law matters deeply even in the most extreme cases of states still fighting for political stability.
Rule of law --- Law --- Islamic law --- Human rights --- Authoritarianism --- Political science --- Authority --- Civil law (Islamic law) --- Law, Arab --- Law, Islamic --- Law in the Qurʼan --- Sharia (Islamic law) --- Shariʻah (Islamic law) --- Law, Oriental --- Law, Semitic --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Supremacy of law --- Administrative law --- Constitutional law --- History. --- Political aspects --- Sudan --- Sudan, Egyptian --- Anglo-Egyptian Sudan --- Anglo-Egipetskiĭ Sudan --- Egyptian Sudan --- Democratic Republic of the Sudan --- Republic of the Sudan --- Jumhūrīyat al-Sūdān al-Dīmuqrāṭīyah --- Soudan --- Demokraticheskai︠a︡ Respublika Sudan --- Sudan (Democratic Republic) --- Jamhuryat es-Sudan --- Republic of Sudan --- Jumhūriyyat as-Sūdān --- Jumhuriyat as-Sudan --- As-Sudan --- Lado Enclave (Congo Free State) --- Politics and government --- Politics and government. --- General and Others
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Western analysts have long denigrated Islamic states as antagonistic, even antithetical, to the rule of law. Mark Fathi Massoud tells a different story: for nearly 150 years, the Somali people have embraced shari'a, commonly translated as Islamic law, in the struggle for national identity and human rights. Lawyers, community leaders, and activists throughout the Horn of Africa have invoked God to oppose colonialism, resist dictators, expel warlords, and to fight for gender equality - all critical steps on the path to the rule of law. Shari'a, Inshallah traces the most dramatic moments of legal change, political collapse, and reconstruction in Somalia and Somaliland. Massoud upends the conventional account of secular legal progress and demonstrates instead how faith in a higher power guides people toward the rule of law.
Law --- Justice, Administration of --- Islamic influences. --- Administration of justice --- Courts --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law and legislation
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Out of Place tells a new history of the field of law and society through the experiences and fieldwork of successful writers from populations that academia has historically marginalized. Encouraging collective and transparent self-reflection on positionality, the volume features scholars from around the world who share how their out-of-place positionalities influenced their research questions, data collection, analysis, and writing in law and society. From China to Colombia, India to Indonesia, Singapore to South Africa, and the United Kingdom to the United States, these experts record how they conducted their fieldwork, how their privileges and disadvantages impacted their training and research, and what they learned about the law in the process. As the global field of law and society becomes more diverse and an interest in identity grows, Out of Place is a call to embrace the power of positionality. This title is also available as Open Access on Cambridge Core.
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