Conclusion: A Praxeological Approach to Positive Law

Summary

Concentrating on the concept of law and its “glocal” translations, this book advocates a praxeological sociohistorical jurisprudence. It seeks to bypass at least two dichotomies opposing, on the one hand, lawyers’ law in books and anthropologists’ law in action, and, on the other, positivist and realist sociolegal theories. From such a perspective, law is a concept whose historical and practical ontology can be studied through the positivization process that transformed it into a major social engineering tool. The book is a contribution to the praxeological sociohistorical study of positive law, in both its global and its local dimensions. It approaches the subject from the viewpoint of Muslim societies. In other words, it addresses the phenomenon of positive law from the perspective of societies in which Islamic norms had an all-pervading though diverse influence. It shows both how positive law “glocalized” in societies characterized as Muslim and how, by the same token, Islamic norms became positivized.