Relevant bibliographies by topics / History and philosophy of law and justice

Academic literature on the topic 'History and philosophy of law and justice'

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Published: 10 December 2022
Last updated: 19 February 2023

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Journal articles on the topic "History and philosophy of law and justice"

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Papke, David Ray, and Wai Chee Dimock. "Residues of Justice: Literature, Law, Philosophy." American Historical Review 102, no. 4 (October 1997): 1118. http://dx.doi.org/10.2307/2170635.

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Vinogradov, Andrey I., Maiia E. Pankratova, Anatoly N. Yashin, Natalya Yu Rasheva, Anton V. Emelyanov, and Oksana P. Chernykh. "Justice: between law and Conscience." Cuestiones Políticas 39, no. 70 (October 10, 2021): 105–18. http://dx.doi.org/10.46398/cuestpol.3970.06.

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From the philosophical perspective article deals with the correlation between law and consciousness. To address the issue, ideas from renowned thinkers are used. It specifically describes the experience of addressing the subject in Russian philosophy from the late nineteenth to the early twentieth century. The article shows the reasons for preferring law or consciousness in different periods of history and demonstrates the rational nature of law and the irrational nature of consciousness, indicating that law and consciousness are not mutually exclusive. It concludes with an attempt to combine the two concepts in activities of people who must enforce legal norms. Using the experience of Russian philosophy, which regards the law as a moral minimum, people are advised to govern their actions not only by legal rules, but by listening to the voice of their conscience. The authors suggest understanding conscience as a spiritual and moral human law that makes it possible to make decisions without being forced or motivated from the outside, governed by the internal realization of good and evil and identifying the veracity, justice, and rectitude of an act.
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Tomasiewicz, Marcin. "The Idea of Justice in Historiosophy of Antiquity." Gubernaculum et Administratio 2(24) (2021): 357–71. http://dx.doi.org/10.16926/gea.2021.02.37.

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The article asks a question about the influence of historiosophy on how the notion of justice is understood in Greek and Roman philosophy of law. Historiosophy, named also the philosophy of history, has been defined as an effort to explain general history in categories of sense and aim by proving that there is a general rule leading the historical process. In the course of the discussion there are two such historiosophical rules presented. Chronologically, the first of them is Homeric Moirai, which throughout the development of the Greek philosophy has been replaced by a notion of providence. Moirai was the rule of destiny controlling destinies of both men and gods. In this approach, justice was understood as a certain “share” or “allocation”, seen as a role given to each person who needed to play it in history. The same content element was included in the notion of providence. In the philosophy of stoics providence was the ordering force that created nature and at the same time constituted an indirect source of justice and law.
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Conrad, Stephen A., and Michael H. Hoffheimer. "Justice Holmes and the Natural Law." Journal of American History 80, no. 4 (March 1994): 1484. http://dx.doi.org/10.2307/2080677.

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Hall, Kermit L., and David L. Bazelon. "Questioning Authority: Justice and Criminal Law." Journal of American History 75, no. 3 (December 1988): 1014. http://dx.doi.org/10.2307/1901706.

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Lockwood, Thornton. "Ethical Justice and Political Justice." Phronesis 51, no. 1 (2006): 29–48. http://dx.doi.org/10.1163/156852806775435143.

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AbstractThe purpose of Aristotle's discussion of political justice (τò πoλιτικòν δικαιoν) in EN V.6-7 has been a matter of dispute. Although the notion of political justice which Aristotle seeks to elucidate is relatively clear, namely the notion of justice which obtains between free and equal citizens living within a community aiming at self-sufficiency under the rule of law, confusion arises when one asks how political justice relates to the other kinds of justice examined in EN V. Is political justice a highly determinate subdivision of justice which Aristotle examines alongside the other varieties of particular justice analyzed in EN V.2-5? Or is political justice related to the analysis of ethical agency which follows in EN V.8-11? The question is complicated by the fact that the passage in question – EN V 1134a17-1135a15 – has occasioned much speculation about textual dislocations and has been incorporated into chapter divisions differently according to the two prevalent modern editorial divisions of the Ethics.To resolve these problems, I argue that Aristotle's account of political justice is situated within an extended aporetic analysis which begins in EN V.6 and extends through EN V.8. Aristotle introduces the notion of political justice within the extended analysis concerning the ascription of character states because calling someone just or unjust presupposes that the person is a fully mature ethical agent, but anyone capable of political justice possesses such agency. Once the extended argument in the second half of EN V is properly understood, it appears that the received text is not in need of emendation. To further support my claim that Aristotle's account of political justice introduces a new inquiry which is not analogous to the analyses of particular justice in the first half of EN V, I compare political justice to the other species of justice.
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Hovenkamp, Herbert, David J. Armor, and Davison M. Douglas. "Forced Justice: School Desegregation and the Law." Journal of American History 82, no. 4 (March 1996): 1643. http://dx.doi.org/10.2307/2945432.

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Mittelman, Amy H. "Bourbon Justice: How Whiskey Law Shaped America." Journal of American History 106, no. 3 (December 1, 2019): 778–79. http://dx.doi.org/10.1093/jahist/jaz589.

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Ellis, Richard E., and Mat Von Brauchitsch. "Equal Justice Under Law: The Marshall Years." Journal of American History 75, no. 3 (December 1988): 1042. http://dx.doi.org/10.2307/1901737.

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Henderson, Jane, and Marina Lomovtseva. "Constitutional Justice in Russia." Review of Central and East European Law 34, no. 1 (2009): 37–69. http://dx.doi.org/10.1163/157303509x406223.

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AbstractThe 1993 Russian Constitution and 1994 Federal Constitutional Law “On the Constitutional Court of the Russian Federation” define the jurisdiction and activity of the Federal Constitutional Court of the Russian Federation. However, these pieces of legislation do not comprehensively address all the issues, and there has been some broadening of the Court's power through interpretation and the effect of some other legislation. This article examines the Court's jurisdiction and some of the issues that arise in the exercise thereof, as well as the relative role of the constitutional or charter courts of the subjects of the Federation, and the relationship between the Constitutional Court and the other courts in the Russian federal system. Issues of the methods of constitutional interpretation are addressed. The importance of the Constitutional Court as the federal agency of constitutional court supervision (review) in ensuring the effective application of the Russian Constitution is highlighted in the context of this growth of a comparatively new branch of law in the Russian legal system.
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Dissertations / Theses on the topic "History and philosophy of law and justice"

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Noriega, Christina R. "Rawlsian Foundations for Justification and Toleration of Civil Disobedience." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/scripps_theses/232.

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Though ultimately seeking more just law, civil disobedience still entails the breaching of a law. For this reason, most theories hold that people who practice civil disobedience must be willing to accept the legal consequences of their actions. On the other hand, a nation that is truly committed to justice will recognize that its constitution and legal order may in some ways fall short of perfect justice. In this thesis, I defend Rawls’s theory of civil disobedience as unique in its capacity for justification and even government toleration. Appealing to a shared conception of justice, Rawlsian civil disobedients are able to ground their actions in the same principles to which the state is committed. I argue that Rawls’s shared conception of justice is further substantiated when read in the light of his later theory of the overlapping consensus of comprehensive doctrines. I ultimately conclude that civil disobedience construed in the Rawlsian sense ought to receive some degree of toleration by the state, and particularly by constitutional states which maintain a formal commitment to justice in the protection of rights and intentional design of government institutions.
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Heimburger, Robert Whitaker. "A theological response to the "illegal alien" in federal United States law." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:43010cbe-32a9-4ecd-abcf-cf57f729bbd5.

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Today, some twelve million immigrants are unlawfully present in the United States. What response to this situation does Christian theology suggest for these immigrants and those who receive them? To this question about the status of immigrants before the law, the theological literature lacks an understanding of how federal U.S. immigration law developed, and it lacks a robust theological account of the governance of immigration. To fill this gap, the thesis presents three stages in the formation of the laws that designate some immigrants as aliens unlawfully present or illegal aliens, drawing out the moral argumentation in each phase and responding with moral theology. In the first stage, non-citizens were called aliens in U.S. law. In response to the argument that aliens exist as a consequence of natural law, Christian teaching indicates that immigrants are not alien either in creation or for the church. In the second stage, the authority of the federal government to exclude and expel aliens was established, leaving those who do not comply to be designated illegal aliens. To the claim that the federal government has unlimited sovereignty over immigration, interpretations of the Christian Scriptures respond that divine sovereignty limits and directs civil authority over immigration. In the third stage, legal reforms that were intended to end discrimination between countries allowed millions from countries neighboring the U.S. to become illegal aliens. These reforms turn out to be unjust on philosophical grounds and unneighborly on theological grounds. While federal law classes many as aliens unlawfully present in the United States, Christian political theology indicates that immigrants are not alien, the government of immigration is limited by divine judgment, and nationals of neighboring countries deserve special regard.
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Curtis, Robert A. "Justice as mutual advantage." Thesis, University of Oxford, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.335067.

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Pitt, Peter. "Rough justice: Predicaments of philosophy, history, and world politics." Thesis, Pitt, Peter (2014) Rough justice: Predicaments of philosophy, history, and world politics. PhD thesis, Murdoch University, 2014. https://researchrepository.murdoch.edu.au/id/eprint/28979/.

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In this dissertation I explore some recent philosophical attempts to address questions related to global justice and world politics, principally through the work of Amartya Sen and Thomas Pogge. My discussion focuses on some central intractable puzzles, and I argue that global justice is best seen as a predicament – an unanswerable, impossible question which cannot be readily dismissed, but also as a topic of deliberation and contestation which, once predicated, requires a depth and seriousness of response which confounds conventional disciplinary and conversational boundaries. The disciplinary decorum of liberal political philosophy minimises attention to the historical context of the theorist, along with evidence and interpretive argument about history and social theory. Writers such as Pogge and Sen have pushed against those constraints, attempting to develop more empirically informed and practically oriented accounts. However, I argue that they have underestimated the need for a deeper engagement with history, and for a more radical challenge to implicit understandings of the character of the world. Without a more robust engagement with the power-infused politics of the real world, the abstraction of political philosophy will continue to produce accounts which are inadequate to the dimensions of domination, the character of human suffering, and the dynamic and strategic character of normative argument. To counteract the bias towards conciliation and public reason in recent liberal political philosophy, I emphasise a history of deeply connected reciprocal engagement, cooperation, and struggle. This orientation allows a better sense of the power and persistence of the rhetoric of justice, and particularly its capacity to motivate social and political movements of resistance to domination. Liberal humanitarianism unduly privileges the beneficiaries of past injustice. A perspective of rough justice is needed – attuned to the dialectic between facticity and evaluative aspiration which the concept of justice has long embodied, and recognising claims to rough equality, fair treatment, and reparation – on the basis of a broadly connected, deeply reciprocal, and deeply conflictual history.
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Piser, Gabriel A. "Appalachian Anthropocene: Conflict and Subject Formation in a Sacrifice Zone." The Ohio State University, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=osu1469120301.

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Kolers, Avery Harman. "Grounds of global justice." Diss., The University of Arizona, 2000. http://hdl.handle.net/10150/289219.

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Currently available political theories all fail to explain the nature or justification of territorial claims. My dissertation fills these gaps. In chapter one I distinguish between property and territory, explaining the inapplicability of property theories to territorial claims. Chapter two raises a challenge to egalitarian and cosmopolitan theories of global justice. The central claim of the chapter is that local democracy is an essential part of global justice, but that cosmopolitan theories cannot give due weight to local democracy. In addition, cosmopolitan theories are not entitled to the conception of equality or distributive justice to which they appeal; their failure in this respect is due to their failure to consider the distribution of land, which scuttles comparability and, with it cosmopolitan distribution principles. In contrast, there is good reason to think that a turn toward effective localized governance would promote democracy and the quality of life of all people. Chapters three, four, and five constitute the core of the dissertation. Chapter three isolates the particular sort of claim I hope to elucidate: prima facie primary rights to territory. Chapter three also defines what I call the "problem of relevance": the problem of finding political principles that could even speak to the issue of connecting peoples to places. Such principles are not forthcoming from mainstream political philosophy. Chapter four solves this problem with a geographically influenced conception of cultures. Chapter five defends the value of cultures so conceived, by arguing that stable cultural membership is an important component of individual freedom, and so merits protection and promotion through political and economic institutions. Finally, chapter six aims to situate the theory of prima facie primary rights to territory within the context of an "internationalist" theory of global justice. Such a theory takes from cosmopolitan theories a sophistication about global institutions and their effects on distributive schemes and power relations. But the theory also takes from culture-based theories an appreciation for the value of communal life and local, grassroots control of the institutions under which we live.
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Da, Costa Rosa. "Ethics and obligations of justice in international relations: The implications of Rawls's Law of Peoples." Thesis, University of Ottawa (Canada), 1995. http://hdl.handle.net/10393/10521.

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Braithwaite, Murray James. "A dynamics theory of justice : Nietzsche, Holmes, and self-organizing criticality." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/NQ48609.pdf.

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Malan, Yvonne. "Justice and the law : a perspective from contemporary jurisprudence." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51807.

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Thesis (MA)--University of Stellenbosch, 2000.
ENGLISH ABSTRACT: This thesis examines the relationship between law and justice. Firstly, it is argued that the concept of justice tends to be defined too narrowly as distributive justice or as a mechanism to maintain social order. It is argued that Jacques Derrida's understanding of justice not only gives a richer and broader understanding of the concept, but also on its complex relationship with the law. Lastly, some of the possible implications for jurisprudence (with specific reference to Critical Legal Studies, Critical Race Theory and Drucilla Cornell) are examined.
AFRIKAANSE OPSOMMING: Hierdie tesis ondersoek die verhouding tussen geregtigheid en die reg. Daar word eerstens geargumenteer dat geregtigheid te maklik gedefinieer word as distributiewe geregtigheid of as In meganisme om sosiale orde te bewerkstellig. Daar word geargumenteer dat Jacques Derrida se verstaan van die konsep nie aileen 'n breer en ryker verstaan moontlik maak nie, maar dat dit ook fokus op die komplekse verhouding met die reg. Laastens word sommige van die moontlike implikasies vir regsfilosofie (met spesifieke verwysing na Critical Legal Studies, Critical Race Theory en Drucilla Cornell) ondesoek,
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Taylor, A. J. "Uncertain Justice: The Ute Jurisdiction Case and Conflicting Directions in Federal Law." DigitalCommons@USU, 1995. https://digitalcommons.usu.edu/etd/1997.

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Questions of jurisdiction over Indian lands between tribal and state governments constitute some of the most vexing problems in federal Indian law. The Ute jurisdiction case captures, in one instance, the complexities that surround this important body of law. Many cases concerning Native American jurisdiction rights center on disputed interpretations of antiquated federal laws. In the Ute case, both the State of Utah and the Ute Indian tribe contested the meaning of a series of congressional acts that opened Ute lands to white settlement at the turn of the century. The protracted litigation that marked the Ute case revealed many of the inconsistencies and contradictions that plague the federal courts in their attempts to resolve jurisdiction controversies. This thesis examines the particulars of the Ute ii lawsuit and, using it as a vehicle, investigates the limits of the law in deciding Indian/white jurisdiction disputes.
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Books on the topic "History and philosophy of law and justice"

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Zyl, Deon Hurter Van. Cicero's legal philosophy. Roodepoort: Digma Publications, 1986.

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Stone, Julius. Social dimensions of law and justice. Holmes Beach, Fla: Gaunt, 2000.

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Law and justice in Korea: South and North. Seoul: Seoul National University Press, 2005.

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Pracko, Gennadiy. Philosophy of law. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02076-0.

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This textbook is devoted to the consideration of the philosophy of law as a scientific and academic discipline. The author, presenting the material of the textbook on the generalization of the concepts of philosophy of law, cultivated by modern research, offers its own approach to considering a number of its problems, which are debatable and have not yet found a generally accepted solution. Among them are problems the subject of philosophy of law and its methodology, the essence of law and modern approaches to legal thinking, the relationship between law, power and justice. This explains the conceptual differences in the presentation of the history of philosophy of law, presented in the tutorial. Recommended for students, undergraduates, graduate students, teachers and research associates of legal and philosophical faculties of universities.
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Quaglioni, Diego. À une déesse inconnue: La conception pré-moderne de la justice. Paris: Publications de la Sorbonne, 2003.

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La justice humaine selon Leibniz. New York: Garland Pub., 1985.

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Serrano, Francisco Javier Ibarra. La justicia: Apuntes para la historia de la filosofía del derecho. Guerrero: Cía. Editorial, 1992.

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1790-1859, Austin John, ed. Doing Austin justice: The reception of John Austin's philosophy of law in nineteenth-century England. London: Continuum, 2004.

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Kertzer, Jonathan. Poetic justice and legal fictions: Studies in literary justice. New York: Cambridge University Press, 2010.

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Zhongguo chuan tong si fa si xiang shi lun: The history of judicial thoughts of ancient China. Beijing: Ren min chu ban she, 2012.

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Book chapters on the topic "History and philosophy of law and justice"

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Markovits, Daniel. "Justice." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–6. Dordrecht: Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_906-1.

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Roth, Brad R. "Justice and International Law." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–9. Dordrecht: Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_919-1.

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Peluso Neder Meyer, Emilio. "Transitional Justice." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–4. Dordrecht: Springer Netherlands, 2019. http://dx.doi.org/10.1007/978-94-007-6730-0_576-1.

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Sparenborg, Lukas. "Climate Justice." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–7. Dordrecht: Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_1034-1.

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Mack, Eric. "Nozick, Justice." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–6. Dordrecht: Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_933-1.

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Kessler, Michael Joel. "Justice: Juvenile." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–7. Dordrecht: Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_1059-1.

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Ibsen, Malte Frøslee. "Habermas, Justice." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–5. Dordrecht: Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_939-1.

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Lloyd, S. A. "Hobbes, Justice." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–5. Dordrecht: Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_925-1.

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Kirkpatrick, Kate. "Divine Justice." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–8. Dordrecht: Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_922-1.

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Kirkpatrick, Kate. "Divine Justice." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–8. Dordrecht: Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_922-1.

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Conference papers on the topic "History and philosophy of law and justice"

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Bombelli, Giovanni. "Aristotle on Justice and Law: Koinonia, Justice and Politeia." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws96_03.

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Isola-Miettinen, Hannele. "Kelsen and Justice." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws17_01.

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Pais Álvarez, Natalia. "Neoliberal hegemony versus social Justice." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg142_03.

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Pais Álvarez, Natalia. "Neoliberal hegemony versus social justice." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg161_01.

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Miranda Ribas, Christina. "Judgment and justice: an Arendtian vision." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws64_03.

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Pereira Cava, Patrícia. "Equality and justice in children’s rights." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg141_01.

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Borges da Costa, Fernanda. "Law & Literature: justice and vengeance on Shakespeare and Aeschylus tragedies." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg153_02.

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Antônio Sousa Alves, Marco. "A new rhetoric for a new justice and democratic order." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws64_01.

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Cecília Pedreira de Almeida, Maria. "Citizenship and cordiality: notes on the relationship between justice and friendship." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws64_04.

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Louzada Bernardo Segundo, Ronaldo. "Transitional justice and Brazilian amnesty law: a study on their democratic legitimacy." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg126_07.

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Reports on the topic "History and philosophy of law and justice"

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Carty, Anthony, and Jing Gu. Theory and Practice in China’s Approaches to Multilateralism and Critical Reflections on the Western ‘Rules-Based International Order’. Institute of Development Studies (IDS), October 2021. http://dx.doi.org/10.19088/ids.2021.057.

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China is the subject of Western criticism for its supposed disregard of the rules-based international order. Such a charge implies that China is unilateralist. The aim in this study is to explain how China does in fact have a multilateral approach to international relations. China’s core idea of a community of shared future of humanity shows that it is aware of the need for a universal foundation for world order. The Research Report focuses on explaining the Chinese approach to multilateralism from its own internal perspective, with Chinese philosophy and history shaping its view of the nature of rules, rights, law, and of institutions which should shape relationships. A number of case studies show how the Chinese perspectives are implemented, such as with regards to development finance, infrastructure projects (especially the Belt and Road Initiative), shaping new international organisations (such as the Asian Infrastructure Investment Bank), climate change, cyber-regulation and Chinese participation in the United Nations in the field of human rights and peacekeeping. Looking at critical Western opinion of this activity, we find speculation around Chinese motives. This is why a major emphasis is placed on a hermeneutic approach to China which explains how it sees its intentions. The heart of the Research Report is an exploration of the underlying Chinese philosophy of rulemaking, undertaken in a comparative perspective to show how far it resembles or differs from the Western philosophy of rulemaking.
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Flandreau, Marc. Pari Passu Lost and Found: The Origins of Sovereign Bankruptcy 1798-1873. Institute for New Economic Thinking Working Paper Series, June 2022. http://dx.doi.org/10.36687/inetwp186.

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Verdicts returned by modern courts of justice in the context of sovereign debt lawsuits have upheld a ratable (proportional) interpretation of so-called “pari passu” clauses in debt contracts which, literally, promise creditors they will be dealt with equitably. Such verdicts have given individual creditors the right to interfere with payments to others, in situation where the sovereign had failed to make proportional payments. Contract originalists argue that this interpretation of pari passu clauses has no historical foundation. Historically, they claim, pari passu clauses never granted individual creditors a unilateral right to block payments to other bondholders assenting to a government debt restructuring proposal. This article shows this claim is incorrect. Drawing on novel archival research, it argues that pari passu clauses find one potent historical origin in the operation of a now forgotten sovereign bankruptcy tribunal, the London stock exchange. Under the law of the stock exchange, departure from ratable payments did create a unilateral right for individual creditors to interfere with sovereign debt discharges. In fact, ratable distributions provided the touchstone for the stock exchange sanctioned sovereign debt discharge system. What is more, sophisticated contract drafters availed themselves of the logic. The result was a weaponization of pari passu clauses, and their inscription into sovereign debt covenants in the 19th century. The article concludes that the modern debate on the role of clauses in sovereign debt contracts cannot be held without thorough reconsideration of the history of sovereign bankruptcy.
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HEFNER, Robert. IHSAN ETHICS AND POLITICAL REVITALIZATION Appreciating Muqtedar Khan’s Islam and Good Governance. IIIT, October 2020. http://dx.doi.org/10.47816/01.001.20.

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Abstract:
Ours is an age of pervasive political turbulence, and the scale of the challenge requires new thinking on politics as well as public ethics for our world. In Western countries, the specter of Islamophobia, alt-right populism, along with racialized violence has shaken public confidence in long-secure assumptions rooted in democracy, diversity, and citizenship. The tragic denouement of so many of the Arab uprisings together with the ascendance of apocalyptic extremists like Daesh and Boko Haram have caused an even greater sense of alarm in large parts of the Muslim-majority world. It is against this backdrop that M.A. Muqtedar Khan has written a book of breathtaking range and ethical beauty. The author explores the history and sociology of the Muslim world, both classic and contemporary. He does so, however, not merely to chronicle the phases of its development, but to explore just why the message of compassion, mercy, and ethical beauty so prominent in the Quran and Sunna of the Prophet came over time to be displaced by a narrow legalism that emphasized jurisprudence, punishment, and social control. In the modern era, Western Orientalists and Islamists alike have pushed the juridification and interpretive reification of Islamic ethical traditions even further. Each group has asserted that the essence of Islam lies in jurisprudence (fiqh), and both have tended to imagine this legal heritage on the model of Western positive law, according to which law is authorized, codified, and enforced by a leviathan state. “Reification of Shariah and equating of Islam and Shariah has a rather emaciating effect on Islam,” Khan rightly argues. It leads its proponents to overlook “the depth and heights of Islamic faith, mysticism, philosophy or even emotions such as divine love (Muhabba)” (13). As the sociologist of Islamic law, Sami Zubaida, has similarly observed, in all these developments one sees evidence, not of a traditionalist reassertion of Muslim values, but a “triumph of Western models” of religion and state (Zubaida 2003:135). To counteract these impoverishing trends, Khan presents a far-reaching analysis that “seeks to move away from the now failed vision of Islamic states without demanding radical secularization” (2). He does so by positioning himself squarely within the ethical and mystical legacy of the Qur’an and traditions of the Prophet. As the book’s title makes clear, the key to this effort of religious recovery is “the cosmology of Ihsan and the worldview of Al-Tasawwuf, the science of Islamic mysticism” (1-2). For Islamist activists whose models of Islam have more to do with contemporary identity politics than a deep reading of Islamic traditions, Khan’s foregrounding of Ihsan may seem unfamiliar or baffling. But one of the many achievements of this book is the skill with which it plumbs the depth of scripture, classical commentaries, and tasawwuf practices to recover and confirm the ethic that lies at their heart. “The Quran promises that God is with those who do beautiful things,” the author reminds us (Khan 2019:1). The concept of Ihsan appears 191 times in 175 verses in the Quran (110). The concept is given its richest elaboration, Khan explains, in the famous hadith of the Angel Gabriel. This tradition recounts that when Gabriel appeared before the Prophet he asked, “What is Ihsan?” Both Gabriel’s question and the Prophet’s response make clear that Ihsan is an ideal at the center of the Qur’an and Sunna of the Prophet, and that it enjoins “perfection, goodness, to better, to do beautiful things and to do righteous deeds” (3). It is this cosmological ethic that Khan argues must be restored and implemented “to develop a political philosophy … that emphasizes love over law” (2). In its expansive exploration of Islamic ethics and civilization, Khan’s Islam and Good Governance will remind some readers of the late Shahab Ahmed’s remarkable book, What is Islam? The Importance of Being Islamic (Ahmed 2016). Both are works of impressive range and spiritual depth. But whereas Ahmed stood in the humanities wing of Islamic studies, Khan is an intellectual polymath who moves easily across the Islamic sciences, social theory, and comparative politics. He brings the full weight of his effort to conclusion with policy recommendations for how “to combine Sufism with political theory” (6), and to do so in a way that recommends specific “Islamic principles that encourage good governance, and politics in pursuit of goodness” (8).
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