The Islamic Origin of British Common Law

References:North Carolina Law Review, June 1999, v77, i5, pp. 1635-1739
The Islamic Origins of the Common Law
By John A. Makdisi

Comments?

 

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Al-Andalus city Toledo was flooded by Henry's men (scholars) to translate the scientific works...so why not

 

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"Islamic law differs from the common law in some important respects. In the Islamic judiciary system, there are no lawyers (i.e., advocates for the plaintiff or defendant), nor is there a jury. Trials are conducted by the judge, and the plaintiff and defendant represent themselves. They may call witnesses or produce evidence as needed. The decision is up to the judge alone, though he may consult other jurists, experts, and so on."

http://science.jrank.org/pages/7816/Law-Islamic.html

 

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So in which Islamic countries can you find Jury trials?

http://en.wikipedia.org/wiki/Henry_II_of_England#Legal_reform

"Henry II's reign saw the establishment of Royal Magistrate courts. This allowed court officials to adjudicate on dispute with authority to the crown. This reduced the workload on Royal courts proper and allowed justice to be delivered with greater efficiency.

Henry also worked to make the legal system fairer. Trial by ordeal and Trial by combat were still common, even in the 12th century these methods were outdated. By the Assize of Clarendon, in 1166, Trial by Jury became the standard. Trial by Combat was still legal in England until 1819, but Henry's support of juries was a great contribution to the country's social history. The Assize of Northampton, in 1176, cemented the earlier agreements at Clarendon."

 

Islam is also accredited to the cleaver, the noose and the prosthetic limb.

 

What was the system in England before the trial system?

 

If you research most germanic peoples had some semblance of trial by jury in the form of Tings in scandinavia.

from here

 

Crap?

I think the jury business says enough. What is this unobjective need to credit islam with everything? Surely now - and despite our prior differences - Sam is not succumbing to this nonsense.

 

To further answer Makisdi's half-hearted questions: contract law was established in England by assize and originates from William the Conqueror's Domesday survey. It was a simple outgrowth of need, and I've yet to see it described otherwise. Were the locals perhaps just too ignorant to provide for their own legal interests?

 

960s? Where did they get it from?

 

Oh, yes she is, has, and will continue to.

 

Why is everything a federal case? Sheesh, can't you guys discuss anything without whining?

I thought it was an interesting article, it was not written by me, btw.

 

Bullshit! Who are you or anyone else to keep subscribing the same bullshit that Islam is accredited to anything other than the oppression, racism and bigotry it's well known for?

It's complete bullshit, and you should know that. You keep spreading the same Islamic propaganda since you arrived here. Please cease and desist. Enough is enough.

 

Guess not.

 

They had it when the romans first bumped into them way back when. The celtic and the germanic peoples were more egalitarian and democratic than the romans.

 

Thats interesting. Do you know of a good reference?

 

I'm puzzled by Sam's unstated position that the silly Euros weren't able to think of anything on their own.

 

I had always heard jury trial descended from the Danelaw of the Vikings - also found to the north.

In the Danelaw, IIRC, the jury (of twelve) was also responsible for investigation of fact.

 

Isn't Danelaw from the 9th century?

Weren't the Vikings pirates who reached Baghdad?

 

They didn't reach Baghdad as pirates, one would assume.

The Vikings traded, as well as raiding. And there was more than one kind of Viking, as they're called now.

Perhaps they did introduce elements of their age-old legal traditions to parts of the Islamic world, but it's hard to see what they could have been.