State Law and Legal Positivism

Baudouin Dupret is Directeur de Recherche at the French National Centre for Scientific Research (CNRS), based at the institute Les Afriques dans le Monde, Bordeaux (France), and guest lecturer at the University of Louvain (Belgium). He has published extensively in the field of the sociology and anthropology of law in the Muslim world. He (co-)edited numerous volumes, the most recent one being Legal Rules in Practice (with J. Colemans and M. Travers, Routledge, 2020), and single-authored several books, including Positive Law from the Muslim World (Cambridge University Press, 2021). Jean-Louis Halpérin, Ph. D. (1985), University Paris II, is currently Professor of legal history at the Ecole Normale supérieure - Paris Siences Lettres. He has published monographs and many articles on European and Asian legal history, including Five Legal Revolutions since the 17th Century. A Analysis of Global Legal History(Springer, 2014). Contributors are: Léon Buskens, Jean-Philippe Dequen, Baudouin Dupret, Jean-Louis Halpérin, Béatrice Jaluzot, Gianluca Parolin, Avi Rubin, and Tzung-Mou Wu.

Notes on Contributors


Introduction

  Baudouin Dupret



1 The Great Divide in Legal Discourse: Towards a Global Historical Ontology of the Concept of Positive Law

  Baudouin Dupret and Gianluca Parolin



2 Historical Landmarks in Mapping the Spread of Positive Law Teaching

  Jean-Louis Halpérin



3 Writing Customs: Three Episodes in the Process of Positivization of Berber Customary Law in Morocco

  Léon Buskens



4 Ambiguities and Interdependencies: The Relationship between Legal Positivization and Islamic Law in Colonial India, 1765–1909

  Jean-Philippe Dequen



5 The Positivization of Ottoman Law and the Question of Continuity

  Avi Rubin



6 How Government Jurists and Lawyering Approached the “Positivizing” of the Law in China

  Tzung-Mou Wu



7 The Meiji Era: When Japanese Law Became Positivized

  Béatrice Jaluzot



Conclusion

  Jean-Louis Halpérin



Index