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
Recommended Citation
APA Citation
Mikhael, P.
(2015).American legal realism: towards a new approach to the privatization of Omar Effendi in Egypt [Master's Thesis, the American University in Cairo]. AUC Knowledge Fountain.
https://fount.aucegypt.edu/etds/208
MLA Citation
Mikhael, Peter Maurice. American legal realism: towards a new approach to the privatization of Omar Effendi in Egypt. 2015. American University in Cairo, Master's Thesis. AUC Knowledge Fountain.
https://fount.aucegypt.edu/etds/208