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Real Legal Certainty and Its Relevance
The concept of "real legal certainty" provides a much-needed corrective to the general attention legal certainty currently receives, emphasizing relations between citizens, adding socio-legal insight, and providing a "view from below" Real legal certainty thus leads to more realistic insights on how to build state institutions. The concept was introduced by Leiden University's professor of law and governance in developing countries Jan Michiel Otto, and can be considered a central pillar of his work. In this volume, friends and colleagues of Otto engage with the concept of real legal certainty against the backdrop of an ever-increasing interest in legal certainty in policy-making and academia, providing a wide variety of examples of its relevance. Drawing on case material from all over the world, they show how real legal certainty can be understood in a bottom-up manner and how it is relevant for building state institutions. They also show how the concept can gain in relevance by taking non-state actors into account. In all, the volume is important reading for all whom share Otto's interest in translating law in the books and into law in action.
Lawmaking for Development
Discusses how legislation (the product) and lawmaking (the process) function in developing countries
Knowledge in Ferment
Fundamental controversies, or basic oppositions between methods and approaches, occur in all fields of science and scholarship. Often these dilemmas arise at the nexus of science and society, or when several sciences or disciplines clash. Paradoxically, as much as one might prefer to do without them, these dilemmas are indispensable to the progress of scientific scholarship. Knowledge in Ferment collects the reflections of nineteen professors from Leiden University whose fields of expertise range from classics to quantum physics in order to evaluate the great controversies that dominate their fields and consistently form new paradigms that sustain the fermentation of knowledge and deliver remarkable new insights.
Islamic Law and International Law
Islamic Law and International Law provides a comprehensive comparison of the Islamic legal tradition and international law, especially in the context of dispute settlement. Do states of the Islamic milieu avoid international courts? How do they view mediation and arbitration? Is Islamic legal tradition incompatible with international law? The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular and religious laws fuse in domestic legal systems across the Islamic milieu. States are not Islamic to the same degree or in the same way. Consequently, different international conflict management methods appeal to different states.
Rethinking the Law School
Written by a former dean, this book offers a unique understanding of challenges facing legal education, research, publishing and governance.
The Awakening of Muslim Democracy
Why and how did Islam become such a political force in so many Muslim-majority countries? In this book, Jocelyne Cesari investigates the relationship between modernization, politics, and Islam in Muslim-majority countries such as Egypt, Iraq, Pakistan, Tunisia, and Turkey - countries that were founded by secular rulers and have since undergone secularized politics. Cesari argues that nation-building processes in these states have not created liberal democracies in the Western mold, but have instead spurred the politicization of Islam by turning it into a modern national ideology. Looking closely at examples of Islamic dominance in political modernization, this study provides a unique overview of the historical and political developments from the end of World War II to the Arab Spring that have made Islam the dominant force in the construction of the modern states, and discusses Islam's impact on emerging democracies in the contemporary Middle East.
Comparative Law and Regulation
Governance by regulation – rules propounded and enforced by bureaucracies – is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations.
Aligning Religious Law and State Law
In Aligning Religious Law and State Law: Negotiating Legal Muslim Marriage in Pasuruan, East Java, Muhammad Latif Fauzi investigates the extent to which the Indonesian state has regulated Muslim marriage, how a local community in Pasuruan, East Java practices and negotiates the regulation and how local officials deal with their practices. Instead of reforming the Marriage Law which would only stir up controversies, the Indonesian government has used a citizens’ rights approach to control marriage and to guide people towards compliance with the state legal framework. In everyday practice of marriage bureaucracy, the state agency in charge of Muslim marriage registration needs to maintain it...
