Comparative Law in a Global Context: The Legal Systems of Asia and AfricaNow 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 an alternative 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
images and reflections of law | 129 |
the search for appropriateness | 196 |
Gods law or mens law? | 279 |
the search for law | 380 |
code and conduct | 493 |
towards global legal realism | 594 |
614 | |
Common terms and phrases
African laws African legal Allott ancient approach argued Asian Ayittey Bodde and Morris British chapter Chiba China Chinese law chthonic claims Code colonial comparative law concept confirms conflict Confucian context Coulson courts cultural culture-specific custom customary law David and Brierley debates defined definition Derrett dharma difficult dispute settlement elements emphasises ethics eurocentric field find first focused formal Freeman global globalisation God’s law Griffiths grundnorm Hindu law human identified ijma ijtihad India Indian law indigenous individual influence Islamic law jurisprudence jurists justice law-making lawyers legal pluralism legal positivism legal systems legal theory legal transplants McAleavy 1968a Menski modern Muslim law natural law norms official law Pakistan people’s perspective plurality-conscious political positivist principles Prophet punishment qadis Qur’an recognised reflects religion religious remains role ruler rules scholars secular self-controlled order shari’a significant social society socio-legal specific Sprenkel sunna traditional African Twining Umayyads Western