Document Type
Article
Publication Date
1994
Abstract
Part 1 of this article published at 42 Am. J. Comp. L. 233 (1994) is linked below. In Part 2 here, the author shows the powerful influence of common law methods on legal reasoning, on the reshaping of old Islamic law doctrines and the creation of wholly new obligations, and on the legal process in general. He then reevaluates the predominant approaches to legal change and makes the case for legal acculturation--a syncretic process by the the norms of one system infuse those of another, without necessarily undermining the latter's authenticity.
Citation
Donald L. Horowitz, The Qur’an and the Common Law: Islamic Law Reform and the Theory of Legal Change, 42 American Journal of Comparative Law 543-580 (1994)
Included in
Available at: https://scholarship.law.duke.edu/faculty_scholarship/670