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The Normative Evolution of Political Crime in Egyptian Criminal Law 1881 – 1981
This thesis examines the historical evolution of the Egyptian criminal justice system's approach to managing political opposition. It employs the concept of "political crime" as a heuristic for analyzing the prosecution of dissent, despite the absence of a statutory definition within the legal syste...
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AUC Knowledge Fountain
2026
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| _version_ | 1867613434318684160 |
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| access_status_str | Open Access |
| author | Elkorashy, Anas Sayed |
| author_browse | Elkorashy, Anas Sayed |
| author_facet | Elkorashy, Anas Sayed |
| author_sort | Elkorashy, Anas Sayed |
| collection | Thesis |
| description | This thesis examines the historical evolution of the Egyptian criminal justice system's approach to managing political opposition. It employs the concept of "political crime" as a heuristic for analyzing the prosecution of dissent, despite the absence of a statutory definition within the legal system. By situating these practices within the broader context of political conflict, the study traces how criminal law has been used to manage rivalry and neutralize perceived threats to the state. Drawing on Fraenkel’s theory of the "Dual State," the thesis argues that modern Egyptian criminal justice has developed through a distinctive dual structure. The research distinguishes the Egyptian experience from the totalitarian context of Fraenkel’s framework. Unlike the trajectory observed in Nazi Germany, the legal duality in Egypt evolved across diverse ideological periods, transitioning from its colonial foundations to the Nasserist revolutionary republic and ultimately Sadat’s era of political and economic liberalization (Infitah). Tracing this trajectory from 1882 to 1981, the study demonstrates how the state of exception became embedded within the legal order. Within this structure, the system operates under a bifurcated logic: maintaining normative legality for routine matters while exercising exceptional power against political dissidents. The thesis reveals that while the ideological contexts of colonialism, Nasserism, and the Sadat era differed significantly, the underlying legal duality has remained a consistent feature. This continuity underscores how the Egyptian state has continually reconfigured its legal mechanisms to maintain control amid shifting political landscapes, demonstrating that this dualism is a foundational aspect of its modern legal history. |
| format | Thesis |
| id | oai:fount.aucegypt.edu:etds-3862 |
| institution | American University in Cairo (Egypt) |
| last_indexed | 2026-06-10T12:36:04.810Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from AUC Knowledge Fountain — bepress |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | AUC Knowledge Fountain |
| publisherStr | AUC Knowledge Fountain |
| record_format | dspace |
| source_str | AUC Knowledge Fountain — bepress |
| spelling | oai:fount.aucegypt.edu:etds-3862 The Normative Evolution of Political Crime in Egyptian Criminal Law 1881 – 1981 Elkorashy, Anas Sayed This thesis examines the historical evolution of the Egyptian criminal justice system's approach to managing political opposition. It employs the concept of "political crime" as a heuristic for analyzing the prosecution of dissent, despite the absence of a statutory definition within the legal system. By situating these practices within the broader context of political conflict, the study traces how criminal law has been used to manage rivalry and neutralize perceived threats to the state. Drawing on Fraenkel’s theory of the "Dual State," the thesis argues that modern Egyptian criminal justice has developed through a distinctive dual structure. The research distinguishes the Egyptian experience from the totalitarian context of Fraenkel’s framework. Unlike the trajectory observed in Nazi Germany, the legal duality in Egypt evolved across diverse ideological periods, transitioning from its colonial foundations to the Nasserist revolutionary republic and ultimately Sadat’s era of political and economic liberalization (Infitah). Tracing this trajectory from 1882 to 1981, the study demonstrates how the state of exception became embedded within the legal order. Within this structure, the system operates under a bifurcated logic: maintaining normative legality for routine matters while exercising exceptional power against political dissidents. The thesis reveals that while the ideological contexts of colonialism, Nasserism, and the Sadat era differed significantly, the underlying legal duality has remained a consistent feature. This continuity underscores how the Egyptian state has continually reconfigured its legal mechanisms to maintain control amid shifting political landscapes, demonstrating that this dualism is a foundational aspect of its modern legal history. 2026-05-18T07:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/2798 https://fount.aucegypt.edu/context/etds/article/3862/viewcontent/anas_sayed_elkorashy_thesis.pdf https://fount.aucegypt.edu/context/etds/article/3862/filename/0/type/additional/viewcontent/anas_sayed_elkorashy_thesis_IRB.pdf https://fount.aucegypt.edu/context/etds/article/3862/filename/1/type/additional/viewcontent/anas_sayed_elkorashy_submission_to_turnitin.pdf https://fount.aucegypt.edu/context/etds/article/3862/filename/2/type/additional/viewcontent/anas_sayed_elkorashy_thesis_title_and_approval_page__2_.pdf https://fount.aucegypt.edu/context/etds/article/3862/filename/3/type/additional/viewcontent/anas_sayed_elkorashy_thesis_disclosure_of_AI.pdf Theses and Dissertations AUC Knowledge Fountain Political Crime-Legal Formalism-Normative Evolution- Depoliticization-Public Order-Egyptian Penal Code -Colonial Roots- Licentious Citizen Criminal Law |
| spellingShingle | Political Crime-Legal Formalism-Normative Evolution- Depoliticization-Public Order-Egyptian Penal Code -Colonial Roots- Licentious Citizen Criminal Law Elkorashy, Anas Sayed The Normative Evolution of Political Crime in Egyptian Criminal Law 1881 – 1981 |
| title | The Normative Evolution of Political Crime in Egyptian Criminal Law 1881 – 1981 |
| title_full | The Normative Evolution of Political Crime in Egyptian Criminal Law 1881 – 1981 |
| title_fullStr | The Normative Evolution of Political Crime in Egyptian Criminal Law 1881 – 1981 |
| title_full_unstemmed | The Normative Evolution of Political Crime in Egyptian Criminal Law 1881 – 1981 |
| title_short | The Normative Evolution of Political Crime in Egyptian Criminal Law 1881 – 1981 |
| title_sort | normative evolution of political crime in egyptian criminal law 1881 1981 |
| topic | Political Crime-Legal Formalism-Normative Evolution- Depoliticization-Public Order-Egyptian Penal Code -Colonial Roots- Licentious Citizen Criminal Law |
| url | https://fount.aucegypt.edu/etds/2798 https://fount.aucegypt.edu/context/etds/article/3862/viewcontent/anas_sayed_elkorashy_thesis.pdf https://fount.aucegypt.edu/context/etds/article/3862/filename/0/type/additional/viewcontent/anas_sayed_elkorashy_thesis_IRB.pdf https://fount.aucegypt.edu/context/etds/article/3862/filename/1/type/additional/viewcontent/anas_sayed_elkorashy_submission_to_turnitin.pdf https://fount.aucegypt.edu/context/etds/article/3862/filename/2/type/additional/viewcontent/anas_sayed_elkorashy_thesis_title_and_approval_page__2_.pdf https://fount.aucegypt.edu/context/etds/article/3862/filename/3/type/additional/viewcontent/anas_sayed_elkorashy_thesis_disclosure_of_AI.pdf |
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