Legal Traditions of the World

Glenn, H. Patrick

doi:10.1093/he/9780199580804.001.0001

Cited by 185 publications

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“…Of course, ascending to a leadership position at one point in time does not immunize against later decline. Thus, while the United States lead developments in the educational field throughout much of the 20th century, today that is no longer the case (see Goldin & Katz, 2008). 14.…”

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confidence: 99%

Modernity and diversity: reflections on the controversy between modernization theory and multiple modernists

Schmidt

2010

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The article revisits modernization theory's convergence claim, which has been strongly criticized by multiple modernists, who maintain that emerging realities have not borne out its underlying premises. Based on a thorough reading of classical texts, the article reconstructs the term's meaning within a modernization-theoretical frame of reference and then considers the evidence that multiple modernists hold against it. It finds that none of the observations cited by leading multiple modernists are able to challenge modernization theory, which can easily accommodate the kinds of difference invoked by its critics. East-Asian modernity in particular, to which both sides assign special weight for any test of modernization theory, appears remarkably similar to Western modernity when viewed through the lenses of this theory. At the same time, the literature on multiple modernities, despite pleading to take difference seriously, is silent about differences that large parts of the lessdeveloped world exhibit vis-a-vis the West and East Asia in social-structural and cultural respects, indicating different degrees of modernization. The article concludes with a brief note on the differential weight of different kinds of diversity for different reference problems and a suggestion for a constructive resolution of the conflict between the two approaches.

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confidence: 99%

Modernity and diversity: reflections on the controversy between modernization theory and multiple modernists

Schmidt

2010

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“…The UAE is consistent with the legal tradition of a Shari'a law state, whereby the judicial process has as its core the Koran and the teachings of the prophet Mohammed (PBUH). Shari'a law literally means "path to follow" and is expressed in the "fiqh", that is, the "science" of Islamic jurisprudence expressed also beyond the Koran with various interpretation, comment and analogical reasoning (Sunna, ijma, qiyas); however, the most important aspect being that of the words of the prophet Mohammed (PBUH) himself [21]. While the UAE is considered one of the most connected countries in the Middle East [22] it has automatic filtering in place, which the primary provider, Etisalat, states that this practice enjoys popular support and is an acceptable form of censorship [23].…”

Section: The Uae Political Structurementioning

confidence: 99%

A Comparative Study of the Legal Frameworks and Protection of Digital Content in the United Arab Emirates and Australia in Relation to the Practice of Blocking Digital Content on the Basis of Location (Geo- Blocking) and its Associated Circumvention Technologies

Young¹

2014

Int J Journalism Mass Comm

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This paper examines the legal frameworks of both Australia and the United Arab Emirates as it relates to the World Intellectual Property Organization (WIPO) international treaty. It explores the wording of the treaty and its subsequent implementation in those jurisdictions citing both legislative and jurisprudence around the notions of Technical Protection Measures. It is through the examination of the operationalization of this term that the limited effect of this treaty and the need for more explicit definition of terminology utilized is evident. This clarification will assist in the identification of the role that law can play in terms of more defined and effective legal remedies.

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“…Examples of religious lawfulness can be found in the Islamic, Hindu and Confucian traditions (e.g. Glenn 2010). In the Western part of the world, the common-law tradition and the civil-law tradition diff er substantially with regard to the principle of lawfulness.…”

Section: Hypothesis 1 the Role Of The Law Varies With Different Publmentioning

confidence: 99%

Rule of Law or Law Overruled ? Why the Rule of Law Should Be on the Public Administration Research Agenda

Zouridis¹

2011

NISPAcee Journal of Public Administration and Policy

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Th ere appears to be a remarkable contradiction between what is happening in public-administration science and in public-administration practice. In the former, legal approaches have been displaced by managerial and political approaches. Th is shift sharply contrasts with the continuous legalization and juridifi cation of publicadministration practice. Public-administration practice has gradually converged with the law. Lawyers and legal scholars applaud the convergence of the law and public administration as the ultimate realization of the ideal of the Rechtsstaat. A public-administration perspective should take a more critical stance. From a publicadministration perspective, the Rechtsstaat produces both functional and dysfunctional eff ects. Assessing these eff ects requires comparative and multi-disciplinary research. Comparative research will reveal diff erent legal and administrative traditions both within Europe and between Europe and other parts of the world. Th e Rechtsstaat should therefore return onto the public-administration research agenda.

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Legal Traditions of the World

Cited by 185 publications

References 0 publications

Modernity and diversity: reflections on the controversy between modernization theory and multiple modernists

Modernity and diversity: reflections on the controversy between modernization theory and multiple modernists

A Comparative Study of the Legal Frameworks and Protection of Digital Content in the United Arab Emirates and Australia in Relation to the Practice of Blocking Digital Content on the Basis of Location (Geo- Blocking) and its Associated Circumvention Technologies

Rule of Law or Law Overruled ? Why the Rule of Law Should Be on the Public Administration Research Agenda

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