Tuesday, August 23, 2011

Foreign Law Has No Place In American Courts

SEE HERE Citing foreign law in American courts should be off the table as a clear non-starter. We are a nation of laws, our laws. If someone wants different laws then move or try to get the laws put in place here, but don't expect foreign law to have standing in American courts. We have a long tradition of law and I expect we do recognize some common law but whatever that is it's already on the books. The idea that this is aimed at shariah is simply untrue. That being said, much of shariah from what I've gathered from reading is simply barbaric. Who would want it but barbarians? Citizens here have rights under law that are not available to people under sharia. So should shariah trump our laws? Seems like a no-brainer — the answer is a resounding "No!" One commenter had it right however, when seen in the light of shariah the issue is an attack on our law since the conflicts between our law and shariah are generally in areas like the subordination of women. Our law makes people more free and less in bondage. ON THE SHARIAH ISSUE

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