Abstract

This paper presents to its readers the progressive legal evolution that has influenced, over the past century, legal reform in American history. It focuses specifically on American legal realist thinking that was considered revolutionary in nature relative to the natural and formalist schools of jurisprudence. The focus then shifts to Egypt where the combination of formal and natural jurisprudence is clear to legal scholars. Omar Effendi, as one of the most prominent case decision in the post-25th January revolution period, was both criticized and lauded for political reasons. Scholars that supported the decision were glad that the corrupt privatization of a well-known company ended with the State Council's decision. Opponents feared that the state courts’ interference in the commercial contractual relationship would negatively affect investment prospects in Egypt. This paper analyzes the application of law in a changing political context and concludes with the proof that legal realists strived to achieve: the implementation and execution of law are pure acts of political choice.

Department

Law Department

Degree Name

LLM in International and Comparative Law

Graduation Date

2-1-2015

Submission Date

January 2016

First Advisor

Beckett, Jason

Committee Member 1

Matouk, John

Committee Member 2

Sayed, Hani

Extent

43 p.

Document Type

Master's Thesis

Rights

The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy.

Institutional Review Board (IRB) Approval

Not necessary for this item

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