Western and Islamic conceptions of the rule of law

Book chapter


Zifcak, Spencer. (2016). Western and Islamic conceptions of the rule of law. In In Azra, Azyumardi and Hudson, Wayne (Ed.). Islam beyond conflict : Indonesian Islam and Western political theory pp. 31-40 Routledge. https://doi.org/10.4324/9781315251769-13
AuthorsZifcak, Spencer
EditorsAzra, Azyumardi and Hudson, Wayne
Abstract

My purpose in this chapter is twofold. First, I wish to record my understanding of the idea of the rule of law from a distinctly Western perspective. Then, secondly, I want to examine some of its underlying assumptions and values in a way which will, I hope, open a dialogue between this perspective and that deriving from Islamic jurisprudence. Having said this, I enter an immediate caveat. I do not pretend to any expertise with respect to Islamic jurisprudence. Such reading as I have done in relation to it has revealed to me not only its richness but also its very great heterogeneity and complexity. It is a complexity of which I am in no way a master. The chapter therefore situates the issues I see as relevant on a very broad canvas. I seek here simply to suggest points of intersection and pose questions for discussion.

Page range31-40
Year2016
Book titleIslam beyond conflict : Indonesian Islam and Western political theory
PublisherRoutledge
Place of publicationLondon, United Kingdom
New York, New York
SeriesLaw ethics and governance series
ISBN9780754670926
9781138262324
Digital Object Identifier (DOI)https://doi.org/10.4324/9781315251769-13
Scopus EID2-s2.0-85146105155
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online2016
Print2008
Publication process dates
Deposited23 Mar 2023
Permalink -

https://acuresearchbank.acu.edu.au/item/8yxy0/western-and-islamic-conceptions-of-the-rule-of-law

Restricted files

Publisher's version

  • 54
    total views
  • 0
    total downloads
  • 2
    views this month
  • 0
    downloads this month
These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

Complaint resolution in government owned corporations and privatised utilities : Some legal and constitutional conundrums
Zifcak, Spencer Michael. (2017). Complaint resolution in government owned corporations and privatised utilities : Some legal and constitutional conundrums. In From Bureaucracy to Business Enterprise Legal and Policy Issues in the Transformation of Government Services pp. 173-190 Routledge. https://doi.org/10.4324/9781315195988-11
The responsibility to protect at the United Nations
Zifcak, Spencer Michael. (2015). The responsibility to protect at the United Nations. In In C Sampford, S Zifcak and D A Okur (Ed.). Rethinking International Law and Justice pp. 255 - 279 Ashgate Publishing Limited.
Rethinking international law and justice
Zifcak, Spencer Michael. (2015). Rethinking international law and justice. In In C Sampford, S Zifcak and D A Okur (Ed.). Rethinking International Law and Justice pp. 1 - 20 Ashgate Publishing Limited.
Missing in action: the Security Council and the responsibility to prevent mass atrocities in Central Africa
Zifcak, Spencer. (2015). Missing in action: the Security Council and the responsibility to prevent mass atrocities in Central Africa. In In V. Sancin (Ed.). Responsibility to Protect: Where Do We Stand Ten Years After? pp. 302 - 326 Institute for Innovation and Development of University of Ljubljana.
Falls the shadow : The responsibility to protect from theory to practice
Zifcak, Spencer. (2013). Falls the shadow : The responsibility to protect from theory to practice. In In C Sampford and R Thakur (Ed.). Responsibility to protect and sovereignty pp. 11 - 39 Ashgate Publishing. https://doi.org/10.4324/9781315605845
Human Rights : For and Against
Zifcak, Spencer and King, Alison. (2013). Human Rights : For and Against Australian Collaboration.
The Responsibility to Protect after Lybia and Syria
Zifcak, Spencer Michael. (2012). The Responsibility to Protect after Lybia and Syria. Melbourne Journal of International Law. 13(1), pp. 59 - 93.
Counter-terrorism laws and human rights
Zifcak, Spencer Michael. (2012). Counter-terrorism laws and human rights. In In Gerber, Paula and Castan, Melissa (Ed.). Contemporary perspectives on human rights law in Australia pp. 417-445 Thomson Reuters (Professional) Australia Pty Limited.
The Emergence of Wikileaks: Openness, Secrecy and Democracy
Zifcak, Spencer. (2012). The Emergence of Wikileaks: Openness, Secrecy and Democracy. In In H. Sykes (Ed.). More or Less: Democracy & New Media pp. 123 - 143 Future Leaders.
The responsibility to protect
Zifcak, Spencer Michael. (2010). The responsibility to protect. In International Law pp. 504 - 527 Oxford University Press.
Towards a more just United Nations
Zifcak, Spencer Michael. (2010). Towards a more just United Nations. In Future Justice pp. 151 - 167 Future Leaders.
Combining community reconciliation and local justice: A modest proposal for reform
Zifcak, Spencer Michael. (2009). Combining community reconciliation and local justice: A modest proposal for reform. In Timor-Leste: Challenges for Justice and Human Rights in the Shadow of the Past pp. 551 - 574
United Nations reform: Heading north or south?
Zifcak, Spencer Michael. (2009). United Nations reform: Heading north or south Routledge.
Western and Islamic concepts of the rule of law
Zifcak, Spencer Michael. (2008). Western and Islamic concepts of the rule of law. In In A. Azara and W. Hudson (Ed.). Islam beyond Conflict: Indonesian Islam and Western Political Theory pp. 31 - 41 Ashgate Publishing Limited.
Evaluating the Community Reconciliation Process in the Truth and Reconciliation Commission of East Timor
Zifcak, Spencer. (2005). Evaluating the Community Reconciliation Process in the Truth and Reconciliation Commission of East Timor. Development Bulletin. 15(2), pp. 48 - 56.
Evaluating the community reconciliation process in the truth and reconciliation commission of East Timor
Zifcak, Spencer. (2005). Evaluating the community reconciliation process in the truth and reconciliation commission of East Timor. Development Bulletin. 15(2), pp. 48 - 56.
Globalizing the rule of law: Rethinking values and reforming institutions
Zifcak, Spencer Michael. (2005). Globalizing the rule of law: Rethinking values and reforming institutions. In In S. Zifcak (Ed.). Globalization and The Rule of Law pp. 32 - 65 Routledge.
Mr Ruddock goes to Geneva
Zifcak, Spencer Michael. (2004). Mr Ruddock goes to Geneva University of New South Wales Press.
Complaint resolution in government owned corporations and privatized utilities: Some constitutional and legal conundrums
Zifcak, Spencer Michael. (2003). Complaint resolution in government owned corporations and privatized utilities: Some constitutional and legal conundrums. In In M. J.Whincop (Ed.). From Bureaucracy to Business Enterprise Legal and Policy Issues in the Transformation of Government Services pp. 172 - 190 Ashgate Publishing Limited.
The independence and reform of the judiciary in Indonesia
Zifcak, Spencer Michael. (2002). The independence and reform of the judiciary in Indonesia. In In C. Sampford, S. Condolin and M. Palmer (Ed.). Asia Pacific Governance: From Crisis to Reform pp. 307 - 327 Aldershot.
Freedom of information: Back to basics
Zifcak, Spencer Michael. (2002). Freedom of information: Back to basics. In In R. Creyke and J. McMillan (Ed.). Administrative Law: The Essentials Australian Institute of Administrative Law.
Towards a reconciliation of legal and social work practice
Zifcak, Spencer Michael. (2002). Towards a reconciliation of legal and social work practice. In In P. Swain (Ed.). In the Shadow of the Law pp. 427 - 438 Federation Press, the.