{"title":"European Constitutional Courts and Transitions to Democracy","authors":"Catarina Botelho","doi":"10.1093/ajcl/avab021","DOIUrl":"https://doi.org/10.1093/ajcl/avab021","url":null,"abstract":"","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47708216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Pau Bossacoma, Morality and Legality of Secession: A Theory of National Self-Determination","authors":"Héctor López Bofill","doi":"10.1093/ajcl/avab019","DOIUrl":"https://doi.org/10.1093/ajcl/avab019","url":null,"abstract":"","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49630085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"India’s Founding Moment: The Constitution of a Most Surprising Democracy","authors":"R. Kadambi","doi":"10.1093/ajcl/avab026","DOIUrl":"https://doi.org/10.1093/ajcl/avab026","url":null,"abstract":"","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41807581","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
There are different ways in which scholars comprehend secularism. According to some scholars, secularism is the phenomenon in which religion is fully separated from the state and plays no part in the public domain. Others are of the view that, while secularism denotes separation between religion and state, there should be little involvement of religion in the public domain because it is a vital part of the lives of individuals. This Article aims to discuss the various interpretations of secularism, create a classification of secularism models, and examine how secularism is considered in Bangladesh. For this purpose, this Article analyzes statements given by Sheikh Mujibur Rahman (known as the Father of the Nation and the leader of the Bangladesh Awami League) to identify the secularism model followed in Bangladesh. Sheikh Mujib and his political party, the Awami League, did not explicitly use the word “secularism” until the independence war in 1971. However, secularist ideals were emphasized by the party. After independence, the Constitution of Bangladesh was adopted in 1972 and secularism was included in the Constitution. In Bangladesh, secularism is understood as the antithesis of communalism. Anti-communalism in Bangladesh does not refer to anti-religion; rather, it eliminates conflict between the various subnational communities and describes politics by giving equal status to individuals in a unified national community. President Ziaur Rahman removed the secularism principle from the Constitution in 1977 through the Fifth Amendment. Islam was declared as the state religion in 1988 during the rule of President Hussain Muhammad Ershad through the Eighth Amendment. In 2011, the Fifteenth Amendment to the Constitution was adopted during the tenure of Sheikh Hasina’s Awami League as Sheikh Hasina saw the necessity for following an established religion model, while making sure that sufficient rights were also awarded to religious minorities. Adopting Islam as the state religion is considered by the Awami League as a means of satisfying the Muslim majority and peacefully coexisting with religious groups such as Hefazat-e-Islam. This Article argues that the Awami League’s stance implies the practice of modus vivendi, which, in contemporary terms, signifies a means of living together for the population, in spite of their contradictory features, which emerge mostly because of difference in opinions, interests, religions, ethnicities, or beliefs. Through the practice of modus vivendi, these differences are recognized and facilitated. The meaning of secularism (and the issue of whether the state should be committed to secularism) is deeply contested in Bangladesh, making the country an interesting case study.
{"title":"The Contested Concept of Secularism and Bangladesh","authors":"Md. Jahid Hossain Bhuiyan","doi":"10.1093/ajcl/avab014","DOIUrl":"https://doi.org/10.1093/ajcl/avab014","url":null,"abstract":"\u0000 There are different ways in which scholars comprehend secularism. According to some scholars, secularism is the phenomenon in which religion is fully separated from the state and plays no part in the public domain. Others are of the view that, while secularism denotes separation between religion and state, there should be little involvement of religion in the public domain because it is a vital part of the lives of individuals. This Article aims to discuss the various interpretations of secularism, create a classification of secularism models, and examine how secularism is considered in Bangladesh. For this purpose, this Article analyzes statements given by Sheikh Mujibur Rahman (known as the Father of the Nation and the leader of the Bangladesh Awami League) to identify the secularism model followed in Bangladesh. Sheikh Mujib and his political party, the Awami League, did not explicitly use the word “secularism” until the independence war in 1971. However, secularist ideals were emphasized by the party. After independence, the Constitution of Bangladesh was adopted in 1972 and secularism was included in the Constitution.\u0000 In Bangladesh, secularism is understood as the antithesis of communalism. Anti-communalism in Bangladesh does not refer to anti-religion; rather, it eliminates conflict between the various subnational communities and describes politics by giving equal status to individuals in a unified national community. President Ziaur Rahman removed the secularism principle from the Constitution in 1977 through the Fifth Amendment. Islam was declared as the state religion in 1988 during the rule of President Hussain Muhammad Ershad through the Eighth Amendment. In 2011, the Fifteenth Amendment to the Constitution was adopted during the tenure of Sheikh Hasina’s Awami League as Sheikh Hasina saw the necessity for following an established religion model, while making sure that sufficient rights were also awarded to religious minorities. Adopting Islam as the state religion is considered by the Awami League as a means of satisfying the Muslim majority and peacefully coexisting with religious groups such as Hefazat-e-Islam. This Article argues that the Awami League’s stance implies the practice of modus vivendi, which, in contemporary terms, signifies a means of living together for the population, in spite of their contradictory features, which emerge mostly because of difference in opinions, interests, religions, ethnicities, or beliefs. Through the practice of modus vivendi, these differences are recognized and facilitated. The meaning of secularism (and the issue of whether the state should be committed to secularism) is deeply contested in Bangladesh, making the country an interesting case study.","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41897542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
We have the pleasure of introducing this sixty-eighth volume of the American Journal of Comparative Law. This volume marks the eighth year of our tenure. Probably because we agree on the essentials, the heavy workload has not lessened our enthusiasm.
{"title":"Editors’ Note","authors":"Dedek H, Werro F.","doi":"10.1093/ajcl/avab017","DOIUrl":"https://doi.org/10.1093/ajcl/avab017","url":null,"abstract":"<span>We have the pleasure of introducing this sixty-eighth volume of the <span style=\"font-style:italic;\">American Journal of Comparative Law</span>. This volume marks the eighth year of our tenure. Probably because we agree on the essentials, the heavy workload has not lessened our enthusiasm.</span>","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":"29 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138515776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This is the Thirty-Fourth Annual Survey of American Choice-of-Law Cases.1 It is written at the request of the Association of American Law Schools (AALS) Section on Conflict of Laws,2 and is intended as a service to fellow teachers and to students of conflicts law, both inside and outside of the United States.3 Its purpose remains the same as it has been from the beginning: to inform, rather than to advocate.
{"title":"Choice of Law in the American Courts in 2020: Thirty-Fourth Annual Survey","authors":"Symeon C Symeonides","doi":"10.1093/ajcl/avab002","DOIUrl":"https://doi.org/10.1093/ajcl/avab002","url":null,"abstract":"This is the Thirty-Fourth Annual Survey of American Choice-of-Law Cases.<span></span><sup>1</sup> It is written at the request of the Association of American Law Schools (AALS) Section on Conflict of Laws,<span></span><sup>2</sup> and is intended as a service to fellow teachers and to students of conflicts law, both inside and outside of the United States.<span></span><sup>3</sup> Its purpose remains the same as it has been from the beginning: to inform, rather than to advocate.","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":"12 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138542568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this Article, I examine jurisprudence textbooks and related works written in British India in the late nineteenth and early twentieth centuries. Some of the jurisprudential works from India were not merely summaries of the leading English books, but were different from English works in three senses. First, the gap between English theories and Indian legal realities led some authors to question key English notions about the nature and development of law. Second, some of the works produced in India were more influenced by Continental and American legal theories than the equivalent English textbooks. Sometimes this was due to the fact that the authors of these works had some Continental training, and sometimes the non-English influence reflected a wider anticolonial nationalist move away from English culture. Finally, the influence of nationalism also led some Indian legal scholars to create a unique genre of jurisprudential works: Texts that used Western jurisprudential theories to describe the main features of Hindu (and, to a lesser extent, also Islamic) law. These unique aspects of colonial jurisprudential works illustrate a broader phenomenon: the fact that legal scholars in imperial peripheries such as India were not always simply passive receivers of ideas produced at the center of empires, but in some cases created works containing interesting jurisprudential insights. The notion that India was a “legal laboratory” in which legal scholars experimented with new ideas has already been discussed in the literature, largely based on examples taken from the fields of legislation (the codification of English law in nineteenth-century India) or forensic science. This Article explores the extent to which India was also a site of jurisprudential innovation.
{"title":"A Colonial Legal Laboratory? Jurisprudential Innovation in British India","authors":"Assaf Likhovski","doi":"10.1093/AJCL/AVAB010","DOIUrl":"https://doi.org/10.1093/AJCL/AVAB010","url":null,"abstract":"\u0000 In this Article, I examine jurisprudence textbooks and related works written in British India in the late nineteenth and early twentieth centuries. Some of the jurisprudential works from India were not merely summaries of the leading English books, but were different from English works in three senses. First, the gap between English theories and Indian legal realities led some authors to question key English notions about the nature and development of law. Second, some of the works produced in India were more influenced by Continental and American legal theories than the equivalent English textbooks. Sometimes this was due to the fact that the authors of these works had some Continental training, and sometimes the non-English influence reflected a wider anticolonial nationalist move away from English culture. Finally, the influence of nationalism also led some Indian legal scholars to create a unique genre of jurisprudential works: Texts that used Western jurisprudential theories to describe the main features of Hindu (and, to a lesser extent, also Islamic) law.\u0000 These unique aspects of colonial jurisprudential works illustrate a broader phenomenon: the fact that legal scholars in imperial peripheries such as India were not always simply passive receivers of ideas produced at the center of empires, but in some cases created works containing interesting jurisprudential insights. The notion that India was a “legal laboratory” in which legal scholars experimented with new ideas has already been discussed in the literature, largely based on examples taken from the fields of legislation (the codification of English law in nineteenth-century India) or forensic science. This Article explores the extent to which India was also a site of jurisprudential innovation.","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2021-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45422816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Why did two leading European countries (Prussia and England), which at first sight appeared to have much in common, enact radically different divorce legislation during the eighteenth century? This Article takes a close look at each country’s reforms, their legislative history, and their likely effects in an effort to tease out what motives lay behind them. And by connecting the legal changes to the countries’ sociopolitical and intellectual structures, it goes on to explain why the reforms were so different. The Article’s findings are relevant not only for the history of the law of divorce, but also for the broader issue of what forces play a role in the evolution of the law. Today, few would doubt the proposition that there are social and ideological “causes” of legal development. However, what these causes are and in what combination they have to be present for a legal change to occur are questions that are rarely examined in any detail.
{"title":"A Tale of Two Countries: Divorce in England and Prussia, 1670–1794","authors":"Saskia Lettmaier","doi":"10.1093/AJCL/AVAB005","DOIUrl":"https://doi.org/10.1093/AJCL/AVAB005","url":null,"abstract":"\u0000 Why did two leading European countries (Prussia and England), which at first sight appeared to have much in common, enact radically different divorce legislation during the eighteenth century? This Article takes a close look at each country’s reforms, their legislative history, and their likely effects in an effort to tease out what motives lay behind them. And by connecting the legal changes to the countries’ sociopolitical and intellectual structures, it goes on to explain why the reforms were so different. The Article’s findings are relevant not only for the history of the law of divorce, but also for the broader issue of what forces play a role in the evolution of the law. Today, few would doubt the proposition that there are social and ideological “causes” of legal development. However, what these causes are and in what combination they have to be present for a legal change to occur are questions that are rarely examined in any detail.","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":"26 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2021-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82863440","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Constitutional Triumphs, Constitutional Disappointments: A Critical Assessment of the 1996 South African Constitution’s Local and International Influence","authors":"Brian Ray","doi":"10.1093/ajcl/avab016","DOIUrl":"https://doi.org/10.1093/ajcl/avab016","url":null,"abstract":"","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49630491","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：