<<
>>

Science influences law differently in different legal systems

It is certain that the influence of science as a source of the law is different in legal systems of different kinds. The Shari'a is the basic Islamic law founded on the Quran and Sunnah.

The Sunnah comprises the traditions of the Prophet Mohammed. The other kind of law is the derived or substantive law, Fiqh, which comprises the temporal legislation. Most Islamic scholars would reject the idea that science played any substantial role as a source of Shari'a. Most Jewish scholars would also reject the contention that the foundations of Jewish religious law owe much to any common conception of science.

The laws of many African countries come from at least four very different sources of law. Each source, the indigenous legal institutions sometimes called ‘native’ or ‘tribal’, the laws of religious origin, for example those of Islam and the Hindus, the legal institutions that were introduced by the colonial powers and the legal systems developed after the various African states became independent, has a very different relationship to science.

It is very possible that the influence of science as a source of law is somewhat different in countries with code law systems and countries with common law systems. These two systems are the most important in the world today. The comments here are intended to apply to both systems on the assumption that the similarities are more important than the relatively minor differences for this topic.

<< | >>
Source: Backhaus Jürgen G. (ed.). The Elgar Companion to Law And Economics. Second Edition. Edward Elgar,2005. – 777 p.2. 2005
More economic literature on Economics.Studio

More on the topic Science influences law differently in different legal systems: