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9780198765752

Legal Traditions of the World Sustainable Diversity of Law

by
  • ISBN13:

    9780198765752

  • ISBN10:

    0198765754

  • Format: Paperback
  • Copyright: 2000-08-24
  • Publisher: Oxford University Press
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List Price: $37.33

Summary

Written in a clear and accessible style, this prize-winning work seeks torecast the discipline of comparative law and offers a major new means ofconceptualizing law and legal relations across the world.Instead of a narrow focus on national legal systems, Glenn places national lawsin the broader context of legal traditions. He examines seven of the world'smost important and complex legal traditions in detail: chthonic (or indigenous)law; talmudic law; civil law; islamic law; common law; hindu law; and Asian law.Each tradition is examined in terms of its institutions and substantive law,its foundational concepts and methods, its attitude towards the concept ofchange, and its teaching on relations with other traditions and peoples. Mutualinfluences throughout history are noted and, whilst the major and importantdifferences are admitted, the various traditions are nevertheless shown to befundamentally commensurable.Legal Traditions of the World concludes with a synthesis of the contribution oflegal traditions to the understanding of tradition generally. The normativityand multiplicity of the world's legal traditions are examined, as is theirability, as complex traditions, to reconcile major differences of opinion orbelief in a peaceable manner. Complex traditions are ultimately shown torepresent multivalent forms of logic and can thus be regarded as the best meansof facilitating sustainable human diversity in an increasingly interdependentworld.

Author Biography

H. Patrick Glenn is the Peter M. Laing Professor of Law at McGill University, Montreal, and a Member of the International Academy of Comparative Law.

Table of Contents

Table of Contents
xi
List of Abbreviations of Periodicals and Law Reports
xvii
List of Biblical Abbreviations
xx
Preface xxi
A Theory of Tradition? The Changing Presence of the Past
1(29)
Between Traditions: Identity, Persuasion and Survival
30(26)
A Chthonic Legal Tradition: to Recycle the World
56(30)
A Talmudic Legal Tradition: the Perfect Author
86(30)
A Civil Law Tradition: the Centrality of the Person
116(41)
An Islamic Legal Tradition: the Law of a Later Revelation
157(48)
A Common Law Tradition: the Ethic of Adjudication
205(46)
A Hindu Legal Tradition: the Law as King, but which Law?
251(28)
An Asian Legal Tradition: MAKE IT NEW (with Marx?)
279(39)
Reconciling Legal Traditions: Sustainable Diversity in Law
318(21)
Index 339

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