- Häftad (Paperback)
- Antal sidor
- Cambridge University Press
- 215 x 146 x 38 mm
- Antal komponenter
- 2:B&W 6 x 9 in or 229 x 152 mm Perfect Bound on Creme w/Gloss Lam
- 1088 g
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Comparative Law in a Global Context
The Legal Systems of Asia and Africa
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Fler böcker av Werner F Menski
Werner F Menski
This book contends that contrary to those who proclaimed it dead, Hindu law remains a complex living system that has reached a condition of postmodernity and that, along with Hindu custom and cultural concepts, it continues to play an integral rol...
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'This is a sprawling, engaged and engaging study in comparative jurisprudence. It provides, as the title indicates, an extended comparative study of the legal systems that function in Africa and Asia ... But it seeks to do much more than that. It takes on conventional claims in contemporary Anglo-American jurisprudence on the nature, sources and scope of law, and finds the dominant accounts of the concept of law within this jurisprudence flawed and incomplete. ... Menski's core thesis is that the search for a uniform set of rules for a global order is bound to be futile because laws embody and reflect the socio-cultural particulars and experiences of functioning societies, and which, although transmitted longitudinally within the society, are nonetheless complex, fluid and dynamic. Any adequate theory of law and of a legal order therefore must, among other considerations, take account of the particularized socio-political institutions of the society, that society's belief systems, its politics and its history. The one universal characteristic of all legal systems, he claims, is thus the inherent tendency towards 'plurality-consciousness.' ... Teachers who are genuinely interested in arming their students with effective long-term tools with which to deal in a heterogeneous world, as it in fact is, has been, and will likely remain, should find this book very helpful.' Law & Politics Book Review
Bloggat om Comparative Law in a Global Context
Professor of South Asian Laws, Department of Law, School of Oriental and African Studies, University of London.
Part I. Comparative Theoretical Framework: Introduction: Globalisation and Asian and African Legal systems; 1. Comparative law and legal theory from a global perspective; 2. Legal pluralism in legal theory and comparative law; 3. Comparative jurisprudence: images and reflections of law; Part II. Regional Comparisons in a Global Context: 4. Hindu law: The search for appropriateness; 5. Muslim law: God's law or men's law?; 6. African law: the search for law; 7. Chinese law: code and conduct; Concluding analysis: Towards global legal realism.