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Vol 22 No 12 Dec 17/Jan 18

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McGregor on Damages

Edited by: James Edelman, Simon Colton, Jason Varuhas
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Legal Pluralism in the Holy City: Competing Courts, Forum Shopping, and Institutional Dynamics in Jerusalem (eBook)

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ISBN13: 9781317106111
Published: July 2015
Publisher: Routledge
Country of Publication: UK
Format: eBook (ePub)
Price: £32.56 + £6.51 VAT
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This book provides an unprecedented portrayal of a lively shari'a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment marked by legal pluralism and by exceptional political and cultural tensions. The book suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population.

Based on participant observations in the studied court as well as on textual and legal analyses of court cases and rulings, the study combines history and ethnography, diachronic and synchronic perspectives, and examines broad, macro-political processes as well as micro-level interactions.

The book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The work is a valuable resource for academics and researchers working in the areas of Legal Pluralism, Islamic Law, and socio-legal history of the Middle East.

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Other Jurisdictions , eBooks, Middle East
Part I
Historical and Formal Legal Context: Shari'a courts in Palestine and Israel: a socio-historical review
Shari'a courts in Israel: the legal setting
Establishment of the shari'a court in West Jerusalem
Part II
A Court in Motion: Ethnographic Portrait: The site
The cast of characters
Organizational routines
Doing ethnography in the shari'a court in West Jerusalem: some reflexive notes
Part III
The West Jerusalem Shari'a Court and the Family Court: Breaking shari'a courts’ monopoly in jurisdiction
Shari'a courts’ response to competition
Forum shopping: where to file a maintenance suit
Part IV
A Tale of Three Courts and One City: Three shari'a courts in Jerusalem
Forum shopping between shari'a courts
Part V
Concluding Discussion: Israeli shari'a courts as pluralistic organizations: a new institutional perspective
Empirical and theoretical implications