By Werner F. Menski

Description

Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes a new model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

• Critiques current theories about the nature of law • Develops a new jurisprudential approach to studying law focused on interactive pluralism • Provides a detailed yet concise introduction to Hindu law, Chinese law, African law and Muslim law. The discussions on these laws in this new edition are updated and critically apply the new model developed in the book

Contents

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.

Review

\\\'This is a sprawling, engaged and engaging study in comparative jurisprudence. … It is, I think, a fitting testimonial to the correctness of his core premise of the amazing capacity for dynamic adaptation in and survival of legal regimes, regardless of the seeming odds measured in material power and wealth, that events on the ground today are more likely to support the prescience of his approach. 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

Published Year: 2006 Format: Paper Back ISBN: 9780521675291 Publisher: Cambridge University Press No of Pages: 694 Our Price: US $ 84.00 Reviews: 0 reivew(s).

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