Introduction
Islamic legal concepts had a significant impact on the development of Western Law. Both Monica Gaudiosi and Marcel Boisard agree that some concepts in these two frameworks are similar. Thus, Gaudiosi speaks about the correlation between waqf and trust in England (1240). It might serve as the basis for making assumptions about the transmission of Islamic culture. In his turn, Boisard cogitates on the role of Islamic legal concepts in the development of Western international law (430). Their further de-Islamization created the basis for the further evolution of legal thought.
Discussion
Speaking about the similarities in legal frameworks, Gaudiosi mainly focuses on the law of waqf and the English concept of trust. She investigates the functioning of the system, implying trustees and judges, and cogitates on the theories on the origin of trust in the Western world (Gaudiosi 1237). She also discusses the topic using Merton College and its legal statutes. It helps to outline the main stages in the evolution of two paradigms and possible ways of their interaction. Boisard mainly focuses on other issues as he is interested in investigating public and international law. He discusses how the ideas might penetrate and speak about war and trade (Boisard 431). At the same time, various forms of international relations and the work of universities can also be viewed as factors promoting the transmission of Islamic legal concepts into the Western world (Boisard 438). Thus, Boisard is more interested in the international aspects of the law and the unique ways various concepts interacted.
In such a way, both authors discuss the possible ways of legal concepts’ traveling to the West. Gaudiosi evaluates a set of theories, including the Roman and Salic influence and the inevitable interaction between peoples in constant contact (1240). Boisard is more focused on discussing specific buffer zones, where various concepts could coexist and impact each other (431). The difference in their opinions helps to understand the complexity of the problem and its scope.
Conclusion
Finally, making their assumptions, the authors use specific evidence to support their arguments. Gaudiosi appeals to existing theories of the origin of specific contexts and their evolution. She cites some primary sources to improve the credibility of her investigation. Boisard also uses credible sources to support his arguments. He analyzes historical documents and theories offered by other authors. In general, both approaches are effective and help authors to sound persuasive.
Works Cited
Boisard, Marcel. “On the Probable Influence of Islam on Western Public and International Law.” International Journal of Middle East Studies, vol. 11, no. 4, 1980, pp. 429-450.
Gaudiosi, Monica. “The Influence of the Islamic Law of Waqf on the Development of the Trust in England: The Case of Merton College.” University of Pennsylvania Law Review, vol. 136, no. 3, 1988, pp. 1231-1261