Advocacy under Islam and Common Law
Washburn University /Legal Scholar Academy
San Diego Law Review, Vol. 45, 2008
Islamic Law and Law of the Muslim World Paper No. 07-04
This Article demonstrates that advocacy arose as a reformist doctrine under both Islamic and common law traditions. Reformist advocacy fights laws with laws. In this fight, both traditions require that the advocates striving for justice be courageous but courteous. The advocates must be courageous to challenge power-based injustices. They must be courteous because aggressive manners are not essential to effective advocacy. For a variety of reasons, reformist advocacy has lost its way in both traditions. Advocacy in the United States has turned to manipulation whereas advocacy in the Islamic tradition has embraced militancy. At a time when America and Islam are engaged in an epic struggle to influence each other, this study illuminates advocacy values they share and critical distinctions they draw in the enforcement of advocacy ethics.
Number of Pages in PDF File: 54
Keywords: Islam, common law, advocacy, professional ethics, militancy, cynical advocacy
Date posted: September 23, 2007
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