ABSTRACT

This book addresses critical questions about how legal development works in practice. Can law be employed to shape behavior as a form of social engineering, or must social behavior change first, relegating legal change to follow as ratification or reinforcement? And what is legal development's source of legitimacy if not modernization? But by the same token, whose version of modernization will predominate absent a Western monopoly on change? There are now legal development alternatives, especially from Asia, so we need a better way to ask the right questions of different approaches primarily in (non-Western) Asia, Africa, the Islamic world, plus South America. Incoming waves of change like the 'Arab spring' lie on the horizon. Meanwhile, debates are sharpening about law's role in economic development versus democracy and governance under the rubric of the rule of law. More than a general survey of law and modernization theory and practice, this work is a timely reference for practitioners of institutional reform, and a thought-provoking interdisciplinary collection of essays in an area of renewed practical and scholarly interest. The contributors are a distinguished international group of scholars and practitioners of law, development, social sciences, and religion with extensive experience in the developing world.

chapter 1|18 pages

Introduction to Legal Development and Change

ByDavid K. Linnan

part I|2 pages

Changing The Rol Narrative

part II|2 pages

Religious Law as Religious and Social Form

chapter 7|14 pages

Economy and Society: A Qur’anic Perspective

ByTarak Abdallah

chapter 8|8 pages

Rules and Behavior in Judging Shari’ah: A Woman’s Perspective

ByLily Zakiyah Munir

chapter 9|12 pages

Jewish Law Reform in Nineteenth-Century Europe

ByPeter J. Haas

part III|2 pages

Shari’ah, Customary and Secular National Laws’ Interplay

part IV|2 pages

Japan’s Once and Future Legal Modernization Narrative

part VI|2 pages

Russia and the State: A Window on Modernization