Legal pluralism and the Shari'a: A comparison of Greece and Turkey
Journal article
Turner, Bryan and Arslan, Berna. (2014). Legal pluralism and the Shari'a: A comparison of Greece and Turkey. The Sociological Review. 62(3), pp. 439 - 456. https://doi.org/10.1111/1467-954X.12117
Authors | Turner, Bryan and Arslan, Berna |
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Abstract | The creation of a national and unified legal system was an important aspect of the rise of the modern state and national citizenship. However, this interpretation of legal rationalization has been challenged by sociologists of law such as Eugene Ehrlich (1862–1922) who claimed that this juridical theory of state-centred law masked the presence of customary laws outside this formal system. In critical theories of the law, legal pluralism is proposed against the idea of legal sovereignty or legal centralism. In this article we explore the implications of the growth of the Shari'a as an example of legal pluralism. We take Turkey and Greece as two interesting but different examples of legal pluralism and consider the implications of these case studies for debates about liberalism, multiculturalism and citizenship in multi-faith societies. |
Keywords | Eugene Ehrlich; Greece; legal centralism; legal pluralism; Shari'a; sovereignty; Turkey |
Year | 2014 |
Journal | The Sociological Review |
Journal citation | 62 (3), pp. 439 - 456 |
ISSN | 0038-0261 |
Digital Object Identifier (DOI) | https://doi.org/10.1111/1467-954X.12117 |
Scopus EID | 2-s2.0-84916942498 |
Page range | 439 - 456 |
Research Group | Institute for Religion, Politics, and Society |
Publisher's version | File Access Level Controlled |
https://acuresearchbank.acu.edu.au/item/8v74z/legal-pluralism-and-the-shari-a-a-comparison-of-greece-and-turkey
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