Legal systems differ on whether they externalize coercion or presume internal moral restraint

Evidence

Yet it is my argument that the Islamic intellectual debates over the nature of law continue to have heuristic relevance to modern thinking about modern law’s performativity as a coercive mechanism producing an externalized subject, rather than one that presupposes an individual who is operating with internal moral restraints constituted by the systematic workings of ethical technologies of the self. — Wael Hallaq, Restating Orientalism, 513

Categorization

• XREF: Echoes Foucault’s ethical technologies of the self, which Haliaq appears to be drawing on here. — connects to: Whether settlements bind depends on whether a statute is individually administered or self-applying — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4619; Civil disobedience challenges formally valid laws in the name of higher duty — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 1191
• SEED: Possible essay angle: modern Western law as coercive externalization versus Islamic jurisprudential models assuming internal moral self-regulation.