Law in Contemporary Society

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LindaMuzereFirstPaper 3 - 22 Apr 2012 - Main.LindaMuzere
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Competing Legal Magic

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 What is the future of a country that just survived a vicious civil war and now faces the challenges of autonomy? How is a nation built on land that was disemboweled by combat, out of a population scattered by internal conflict and tenaciously segregated by tribal culture?
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<		The conflict from which these questions arose could be understood as a battle of competing “legal magic”. The dichotomy of the morality based Islamic Law in the North and the logical principles of westernized democracy in the South legitimized the tensions that created war. But with independence comes the burden of avoiding “transcendental nonsense” and establishing a body of laws and a judicial system that can unite an ethnically diverse nation, dogged by a recent resurgence of tribal warfare. As a concerned Sudanese-American I turned to my parents for resolve and found answers in the promise of Felix Cohen’s “functional method”.
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>		The conflict from which these questions arose could be understood as a battle of competing “legal magic”. The dichotomy of the morality based Islamic Law in the North and the logical principles of western common law in the South legitimized the tensions that created war. But with independence comes the burden of avoiding “transcendental nonsense” and establishing a body of laws and a judicial system that can unite an ethnically diverse nation, dogged by a recent resurgence of tribal warfare. As a concerned Sudanese-American I turned to my parents for resolve and found answers in the promise of Felix Cohen’s “functional method”.
 

Competing Legal Magic


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