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Legal Traditions of the World
Legal Traditions of the World places national laws in the broader context of major legal traditions, those of chthonic (or indigenous) law, talmudic law, civil law, Islamic law, common law, Hindu law and Confucian law. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change and its teaching on relations with other traditions and peoples. The concept of legal tradition is explained as non-conflict in character and compatible with new and inclusive forms of logic.
A Cosmopolitan Jurisprudence
Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Legal Traditions of the World
Previous edition, 1st, published in 2000.
The Cosmopolitan State
For more than two centuries the idea of the nation-state has been widespread. The expression is now widely used and is even to be unavoidable. The 'nation-state' implies that the population of a state should be homogenous in terms of language, religion, and ethnicity; the nation and the state should coincide. However history demonstrates that there never has been, and there never will be, a nation-state. Human diversity is manifest in states of all sizes, locations, and origins. This wide-ranging book argues that there should be no regret in the recognition of this empirical reality, since the notion of a nation-state has been the justification for some of the worst atrocities in human histo...
Law and the New Logics
This book explores relationships between law and legal reasoning, and recent developments in formal logic.
Comparative Legal Studies: Traditions and Transitions
The 14 essays that make up this 2003 volume are written by leading international scholars to provide an authoritative survey of the state of comparative legal studies. Representing such varied disciplines as the law, political science, sociology, history and anthropology, the contributors review the intellectual traditions that have evolved within the discipline of comparative legal studies, explore the strengths and failings of the various methodologies that comparatists adopt and, significantly, explore the directions that the subject is likely to take in the future. No previous work had examined so comprehensively the philosophical and methodological foundations of comparative law. This is quite simply a book with which anyone embarking on comparative legal studies will have to engage.
On Common Laws
The term "common law" is typically taken to refer to the system of judge-made law emanating from England. This new study, from the author of Legal Traditions of the World the leading comparative law textbook, examines the influence of different and more widespread forms of common law. These common laws existed as parallel sources of law and legal interpretation alongside the particular laws of European nations (including England, Germany, France and Holland) and regions (Tuscany, Naples, Piedmont and Lombardy). While these common laws originated in Europe they have today become transnational in character and play a major role on all continents, and many countries contribute to their development. They play a major role in all areas of law, from transnational commercial law to international human rights.
Law and the New Logics
This book is unique in presenting an interdisciplinary conversation between jurists and logicians. It brings together scholars from both law and philosophy, and looks at the application of 'the new logics' to law and legal ordering, in a number of legal systems. The first Part explores the ways in which the new logics shed light on the functioning of legal orders, including the structure of legal argumentation and the rules of evidence. The second addresses how non-classical logics can help us to understand the interactions between multiple legal orders, in a range of contexts including domestic and international law. The final Part examines particular issues in the applicability of non-classical logics to legal reasoning. This book will be of interest to jurisprudence and logic scholars and students who want to deepen their understanding of relationships between law and legal reasoning, and learn about recent developments in formal logic.
Legal Pluralism and Development
Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discu...
The Role of Ethics in International Law
The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.
