The Normalization of Saudi Law

Inbunden, Engelska, 2022

2 509 kr

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Saudi Arabia has never commanded more attention and yet it remains one of the world's least understood countries. In The Normalization of Saudi Law, Chibli Mallat dives into the heart of Saudi society, politics, and business by exploring the workings of its courts. Legal practitioners and scholars will find a comprehensive analysis of the law's operation in the kingdom. The practitioner will access full thematic coverage of all important fields: judicial organization, contracts and torts, crime, family, property, administration, commerce, companies, banking, insolvency, the stock market, the constitution, succession, and human rights, with major statutes and a large number of court decisions distilled in 16 chapters. The scholar is presented with an assessment of a dynamic legal process, a 'normalization' of Saudi law where developing norms are both 'normal' (usual) and 'normative' (carrying moral force). This includes judges reshaping Islamic law by applying it in everyday transactions and disputes as they interpret classical treatises and modern statutes. In whole, The Normalization of Saudi Law paints a compelling picture of a fast-changing country. The book is a systematic study of Saudi law over nearly a decade, and its analysis draws from Mallat's involvement as a legal expert in landmark decisions around the world and as a law professor in leading universities in the Middle East, Europe, and America. The book reflects his work with Saudi law students and practicing colleagues, from cases in commercial law to those involving government and human rights. The Normalization of Saudi Law will interest both readers following the fast-changing world of comparative law and those intrigued by Saudi Arabia.

Produktinformation

Utgivningsdatum2022-12-22
Mått256 x 184 x 35 mm
Vikt975 g
FormatInbunden
SpråkEngelska
Antal sidor448
FörlagOUP USA
ISBN9780190092757

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Mänskliga och medborgerliga rättigheter inom Juridik
Rättssystem inom Juridik
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Chibli Mallat is the former EU Jean Monnet Professor of Law at the Université Saint-Joseph, Beirut, and former Presidential Professor of Middle Eastern Law and Politics chair at the U. of Utah. He has also been Visiting Professor at Yale and Harvard law schools, Princeton University, and at the EHESS and the University of Lyon. In addition to his work in European law, he is a leading scholar of Islamic and Middle Eastern law, a legal practitioner, and a Former Director of the Centre of Islamic and Middle Eastern law at the School of Oriental and African Studies of the University of London.

Map, Charts, Figures Preface Acknowledgments Table of Authorities Map Chapter 1. Introduction PART ONE NORMS AND SOURCES Chapter 2. The Epiphany of Saudi LawChapter 3. Blackletter Law. A Primer on Courts, Format, Evidence, Sources PART TWO NORMS AS COMMON LAW Chapter 4. Civil Law I ContractsChapter 5. Civil Law II Torts Chapter 6. Criminal Law I Procedure and Hadd Chapter 7. Criminal Law II: Ta'zir and "Everything Else" Chapter 8. Family Law: The Saudi Hanbali Exception PART THREE NORMALIZATION BY STATUTE Chapter 9. Real PropertyChapter 10. Diwan Al- Mazalem: A Court for All SeasonsChapter 11. From Diwan Al- Mazalem to Commercial Courts: A Unified Theory of RemediesChapter 12. Companies and Corporate GovernanceChapter 13. Insolvency, Banking, the Stock Market PART FOUR THE LIMITS OF NORMALIZATION Chapter 14. Constitutional Law Chapter 15. Human Rights Chapter 16. Epilogue Bibliography

“Chibli Mallat is the leading theoretician, indeed the founder, of a field of study on Middle East law. In The Normalization of Saudi Law, Professor Mallat turns his attention, with great erudition and brilliance, to the evolution of law in Saudi Arabia and finds, within a multitude of recent judicial rulings on contracts, property, the family, and the prosecution of crimes, the beginnings of a system of law. Always clear-eyed, Mallat fully appreciates that the absolutism of the Saudi monarchy and its failure to empower a national legislative assembly compromise whatever commitment to the rule of law that country possesses.” -Owen Fiss, Sterling Professor Emeritus of Law at Yale University

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