Comparative law in a global context : the legal systems of Asia and Africa / Werner Menski.

Format:

Book

Author/Creator:

Menski, Werner.

Language:

English

Subjects (All):

Comparative law.

Law--Philosophy.

Law.

Physical Description:

xx, 674 pages : illustrations ; 24 cm

Edition:

Second edition.

Place of Publication:

Cambridge, UK ; New York : Cambridge University Press, 2006.

Summary:

This book 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.

Contents:

Introduction : globalisation and Asian and African legal systems

Comparative law and legal theory from a global perspective

Legal pluralism

Comparative jurisprudence : images and reflections of law

Hindu law : the search for appropriateness

Islamic law : God's law or men's law?

African laws : the search for law

Chinese law : code and conduct

Conclusion : towards global legal realism.

Notes:

Includes bibliographical references (pages 614-658) and index.

ISBN:

0521858593

0521675294

OCLC:

60824174

Publisher Number:

9780521858595

9780521675291