Legal pluralism and the Shari'a: a comparison of Greece and Turkey

Title Legal pluralism and the Shari'a: a comparison of Greece and Turkey
Author Turner, B. S., Arslan, Berna Zengin
Publication Date: 2014-08
Publication Place - Wiley
Subject Eugene Ehrlich, Greece, Legal centralism, Legal pluralism, Shari'a, Sovereignty, Turkey
Type Periodical
Language English
Digital Yes
Manuscript No
Library: Özyeğin University
Library Asset ID 1467-954X
Record ID 3cdded88-2220-4ed3-b03b-b1a093379a6c
Library Location Humanities and Social Sciences
Date 2014-08
Notes Due to copyright restrictions, the access to the full text of this article is only available via subscription.
Sample Text The creation of a national and unified legal system was an important aspect of the rise of the modern state and national citizenship. However, this interpretation of legal rationalization has been challenged by sociologists of law such as Eugene Ehrlich (1862–1922) who claimed that this juridical theory of state-centred law masked the presence of customary laws outside this formal system. In critical theories of the law, legal pluralism is proposed against the idea of legal sovereignty or legal centralism. In this article we explore the implications of the growth of the Shari'a as an example of legal pluralism. We take Turkey and Greece as two interesting but different examples of legal pluralism and consider the implications of these case studies for debates about liberalism, multiculturalism and citizenship in multi-faith societies.
DOI 10.1111/1467-954X.12117
Cilt 62
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Legal pluralism and the Shari'a: a comparison of Greece and Turkey

Author Turner, B. S., Arslan, Berna Zengin
Publication Date 2014-08
Publication Place - Wiley
Subject Eugene Ehrlich, Greece, Legal centralism, Legal pluralism, Shari'a, Sovereignty, Turkey
Type Periodical
Language English
Digital Yes
Manuscript No
Library Özyeğin University
Library Asset ID 1467-954X
Record ID 3cdded88-2220-4ed3-b03b-b1a093379a6c
Library Location Humanities and Social Sciences
Date 2014-08
Notes Due to copyright restrictions, the access to the full text of this article is only available via subscription.
Sample Text The creation of a national and unified legal system was an important aspect of the rise of the modern state and national citizenship. However, this interpretation of legal rationalization has been challenged by sociologists of law such as Eugene Ehrlich (1862–1922) who claimed that this juridical theory of state-centred law masked the presence of customary laws outside this formal system. In critical theories of the law, legal pluralism is proposed against the idea of legal sovereignty or legal centralism. In this article we explore the implications of the growth of the Shari'a as an example of legal pluralism. We take Turkey and Greece as two interesting but different examples of legal pluralism and consider the implications of these case studies for debates about liberalism, multiculturalism and citizenship in multi-faith societies.
DOI 10.1111/1467-954X.12117
Cilt 62
Özyeğin University - Ottoman library catalog search
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