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Comparative Law in a Global Context: The Legal Systems of Asia and Africa
 
 
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Comparative Law in a Global Context: The Legal Systems of Asia and Africa [Paperback]

Werner F. Menski (Author)

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Book Description

0521675294 978-0521675291 April 17, 2006 2
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 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.

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Customers buy this book with The Civil Law Tradition, 3rd Edition: An Introduction to the Legal Systems of Europe and Latin America $14.21

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Editorial Reviews

Review

"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, notably those of "Hindu law," "Islamic law," "African laws" and "Chinese law." 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." - Maxwell O. Chibundu, University of Maryland School of Law, Law and Politics Book Review

Book Description

Develops an approach to understanding law as an internally plural interactive phenomenon in a globalising world. Menski combines the major schools of legal thought to develop a new pluralist approach to understanding law, based on the history and concepts of Hindu law, Muslim law, African laws and Chinese law.

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Inside This Book (learn more)
First Sentence:
In the late twentieth, globalisation seems to have become 'the cliche of our times' (Held et al., 1999: 1). Read the first page
Key Phrases - Capitalized Phrases (CAPs): (learn more)
South Asian, Supreme Court, Cultural Revolution, South Africa, Indian Constitution, East Africa, North America, Mao Tse-tung, West Africa, Maoist China, Middle Eastern, Hindu Marriage Act, Sierra Leone, British India, Communist Party, Federal Shariat Court, Krishna Iyer, Ottoman Empire, People's Republic of China, Shah Bano, Southern Africa, Allah Rakha, Emperor Asoka, Indira Gandhi, Jean Bodin
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