A German jurist has written a book bemoaning the fact that given a choice, some a significant number of German's prefer Sharia law. Of course the Germans who do so are Muslim, but it goes to show they prefer their own law to German law. I imagine if non-muslims applied to Sharia courts to settle dispute, they would be welcome.
His arguments call for a government crack-down on this parallel justice system, and recall that at one time in USA all disputes had to be brought to court, it was illegal to settle out of court. You'll find this in Morton Horwitz book, the Transformation of American Law.
If one tallies how many disputes are settled outside of the court system, not just "settled out of court," but settled when granma steps in a knocks sense into fussing adult grandkids, when a preacher man rebukes effectively some one misbehaving, or just a ref on a play field, almost nothing in life is settled in courts.
And the courts themselves are divided up in tasks, criminal, admiralty, civil, petty, superior, appellate, etc.
Prof Rozeff calls this panarchy, that is everyone gets to pick their own system. If we cannot have anarchy, then I guess panarchy will do.
Thursday, September 1, 2011
Given A Choice, The People Prefer Sharia Law
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