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9780199205417

Legal Traditions of the World Sustainable Diversity in Law

by
  • ISBN13:

    9780199205417

  • ISBN10:

    0199205418

  • Edition: 3rd
  • Format: Paperback
  • Copyright: 2007-05-18
  • Publisher: Oxford University Press
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Summary

This prize-winning work offers a major new means of conceptualizing law and legal relations across the world. National laws are placed 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 Asianlaw. 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. Legal traditions are explained in terms of multivalent andnon-conflictual forms of logic and thought.This book will be invaluable to law students and lawyers engaged in comparative or transnational work, historians, social scientists, and all those interested in the legal traditions that underpin the world's major societies.

Table of Contents

A Theory of Tradition? The Changing Presence of the Past
1(30)
A Theory of Tradition?
3(1)
Tradition and Time
4(9)
Pastness
5(2)
Presence
7(5)
Traditio
12(1)
Tradition as Information: The Conceptual Bran-Tub
13(2)
Massaging Tradition
15(5)
A Network of Tradition
20(2)
The Changing Presence of the Past
22(4)
Tradition and Corruption
26(3)
General Bibliography
29(2)
Between Traditions: Identity, Persuasion and Survival
31(27)
Tradition and Identity
32(7)
Tradition, races and states
33(4)
Protecting identity
37(2)
Persuasive Authority: Creating New (and Old) Epistemic Communities
39(4)
Commensurability: Of Apples and Oranges
43(4)
Universalizing: Ruling the World through Truth
47(4)
Globalizations
49(2)
The State and the New Diasporas
51(4)
The view from somewhere else
53(2)
General Bibliography
55(3)
A Chthonic Legal Tradition: To Recycle the World
58(35)
A Tradition Emerges
60(9)
Of sources and structures
61(4)
On ways of life
65(4)
The Web of Beliefs
69(6)
Law's domain
70(1)
Reason's domain
70(2)
Law and the cosmos
72(3)
Change and the Natural World
75(3)
Chthonic Ways and Other Ways
78(12)
Chthonic and other identities
80(1)
The state as middle ground
81(4)
Chthonic topics
85(1)
Chthonic peoples, states and human rights
86(3)
Universalizing the chthonic?
89(1)
General Bibliography
90(2)
Web Sites
92(1)
A Talmudic Legal Tradition: The Perfect Author
93(32)
A Tradition Rooted in Revelation
94(8)
The written words
96(1)
The written words proliferate
97(1)
Applying divine law
98(2)
The divine law applied
100(2)
The Talmud and Revelation
102(8)
Halakhah and aggadah
102(2)
Talmud and Torah
104(1)
The style of the text
105(2)
The style of reason
107(2)
The individual in the Talmud
109(1)
Talmud, the Divine Will and Change
110(5)
Of schools, traditions and movements
112(2)
Talmud and corruption
114(1)
Talmudic Law and State Law
115(7)
Talmudic law and jewish identity
115(2)
Talmudic retreat?
117(3)
Talmudic example?
120(1)
A universal Talmud?
121(1)
General Bibliography
122(2)
Web Sites
124(1)
A Civil Law Tradition: The Centrality of the Person
125(46)
Constructing a Tradition
126(10)
Sources and institutions
127(2)
Substantive, secular law
129(2)
Roman law and law in Europe
131(3)
Constructing national law
134(2)
The Rationality of the Codes
136(10)
Law's expansion
136(2)
Law's expression
138(1)
The centrality of the person and the growth of rights
139(4)
Law as reason's instrument
143(3)
Changing the World and Changing the Law
146(9)
The self-denial of roman law
147(1)
Changing the idea of change
147(4)
Positive law and positive science
151(1)
Revolutions, systems, language and interpretation
152(3)
Civil Law and Comparative Law
155(11)
European identities
156(5)
Protecting identity
161(2)
The science of comparison
163(3)
Civil law in the world
166(1)
General Bibliography
166(3)
Web Sites
169(2)
An Islamic Legal Tradition: The Law of a Later Revelation
171(53)
A Tradition Rooted in Later Revelation
172(15)
The shari'a: sources
173(4)
Qadi justice and mufti learning
177(4)
Substantive shari'a
181(6)
Shari'a and Revelation
187(7)
Shari'a and kalam
188(1)
Ijma, the hadith, and revelation
188(3)
Islamic texts and islamic reason: the role of ijtihad
191(2)
The individual in the shari'a
193(1)
Ijma and Change
194(10)
Of schools and schism
195(4)
Subtle change
199(4)
Re-opening the door of endeavour
203(1)
Islams and the World
204(16)
The umma and its protection
205(4)
Contrapuntal exchange, with islams
209(5)
The islamic diaspora
214(3)
Jihad
217(3)
General Bibliography
220(3)
Web Sites
223(1)
A Common Law Tradition: The Ethic of Adjudication
224(49)
Birth and Development
225(9)
Of judges and judging
226(3)
Lawyers' law: pleading to issue
229(2)
The secreted law
231(3)
A Communal Law
234(6)
Formal limits and informal accommodation
234(2)
Communal relations
236(1)
Right reason
237(3)
Incremental Change
240(8)
Changing secreted law
240(2)
Changing fundamentals: procedure
242(3)
Changing thought
245(3)
Common Law and Uncommon Law
248(21)
Common law and nation-states
248(7)
The practice of comparison
255(4)
Western law in the world
259(7)
Western law and corruption
266(3)
General Bibliography
269(3)
Web Sites
272(1)
A Hindu Legal Tradition: The Law as King, But Which Law?
273(30)
A Tradition of Distant Revelation
275(7)
Of Vedas, sastras and commentaries
275(4)
Poetic justice
279(1)
Poetic law
280(2)
Karma, Dharma and the King
282(6)
The weight of karma
282(2)
Dharma and the king
284(2)
Fulfilling dharma
286(2)
Tolerating Change
288(5)
Time and Brahman
289(2)
Sadachara and schools
291(2)
Change through law
293(1)
Tolerating Others
293(6)
Hindu identity
294(1)
Hindu law in India
295(3)
Universal tolerance?
298(1)
General Bibliography
299(2)
Web Sites
301(2)
An Asian Legal Tradition: Make It New (With Marx?)
303(41)
A Tradition of Persuasion
304(7)
Adat law and chthonic law
305(1)
On li and fa
306(3)
Imperial institutions
309(1)
Li in Asia
310(1)
Asian Ways
311(12)
Li's domain
311(2)
Limiting fa
313(2)
Limiting religion
315(3)
Confucianization
318(2)
Li, social harmony and right
320(3)
Change and the Eternal Empire
323(3)
Asian time and space
323(2)
Asian corruption
325(1)
Asia as Centre of the World
326(14)
Asian identities
327(1)
Layered tradition
328(1)
Western law in Asia
329(2)
Socialist law in Asia
331(6)
Rights and Asian tradition
337(2)
Easternization?
339(1)
General Bibliography
340(3)
Web Sites
343(1)
Reconciling Legal Traditions: Sustainable Diversity in Law
344(23)
The Multiplicity of Traditions
344(4)
Internal traditions
345(2)
Lateral traditions
347(1)
Reconciling Traditions
348(9)
The normativity of tradition
348(1)
Complex traditions
349(2)
Bivalence and multivalence
351(2)
Beyond tolerance?
353(2)
Reconciling complex traditions
355(2)
Sustainable Diversity in Law
357(10)
Sustaining diversity
358(2)
The ways of diversity
360(7)
Index 367

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