From Usul Fiqh to Legal Pluralism: An Autoethnography of Islamic Legal Thought

The Internet, Legal Regulation and Legal Pluralism

Considerable academic effort is being expended in considering how to regulate various activities on the internet, particularly those as relate to obscene material, breaches of privacy and challenges to intellectual property rights. Post and Johnson (1997) offer the following solution which is typical; 'We believe that the most obvious answer to this question -existing territorial sovereigns -ma...

The Evolution of Global Legal Pluralism

Constitutionalism, Legal Pluralism, and International Regimes

The international legal order, although pluralist in structure, is in the process of being constitutionalized. This article supports this claim in several different ways. In the Part L I argue that most accepted understandings of "constitution" would readily apply to at least some international regimes. In Part II, I discuss different notions of "constitutional pluralism," and demonstrate that ...

The Algorithm of Islamic Jurisprudence (Fiqh) with Validation of an Entscheidungsproblem

The historic background of algorithmic processing with regard to etymology and methodology is translated into terms of mathematical logic and Computer Science. A formal logic structure is introduced by exemplary questions posed to Fiqh-chapters to define a logic query language. As a foundation, a generic algorithm for deciding Fiqhrulings is designed to enable and further leverage rule of law (...

From Needs to Rights—A Socio-Legal Account of Bridging Moral and Legal Universalism via Ethical Pluralism

The question of the universality of human rights has much in common with the question of the universality of ethics. In the form of a multidisciplinary reflexive survey, the aim of this article is to show how human rights discourses derive from more basic principles related to basic needs. These needs are the universal grammar for moral principles, which will be distinguished from ethical norms...