28east

Politics, religion, and culture where East meets West

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Incorporation in Islam

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A similar phenomenon to the absence of Western state-theory:

Stern, S.M., “The Constitution of the Islamic City,” The Islamic City: A Colloquium

THE ABSENCE IN ISLAM OF CORPORATIONS IN GENERAL

I should like to put forward the idea that one of the striking differences between the society of medieval western Christendom and Islamic society was this: that whereas in the former all sorts of corporate institutions proliferated, in the latter, they were entirely absent. The propensity to organize institutions in the form of corporations was not in the West something primeval, but arose, if I am not mistaken, sometime about the eleventh century. I am not competent to give a reasoned account of this development or to try to determine its causes, but shall perhaps not stray too far from the mark if I suggest that the example of the religious orders with their highly developed constitutions had a great deal to do with this; a secondary factor may be the existence in Roman law of the idea of legal associations and juridicial persons.

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Written by M. James

November 18, 2013 at 5:57 pm