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9780199260881

Legal Traditions of the World Sustainable Diversity in Law

by
  • ISBN13:

    9780199260881

  • ISBN10:

    0199260885

  • Edition: 2nd
  • Format: Paperback
  • Copyright: 2004-09-16
  • Publisher: Oxford University Press
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Summary

The first edition of this prize winning work sought to recast the discipline of comparative law and provided a new and inclusive means of reconciling the diverse laws and peoples of the world, through placing national laws in the broader context of legal traditions. The new edition furtherdevelops these themes.Glenn examines seven of the world's most important and complex legal traditions in detail; chtonic (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 foundations concepts andmethods, its attitudes towards the concept of change, and its teaching on relations with other traditions and peoples. Glenn considers both the common influences which have shaped these traditions and the major and important differences between them. Ultimately he demonstrates that despite theirdifferences, the various traditions are fundamentally commensurable and are the best means of facilitating human diversity in an increasingly interdependent world.

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

A Theory of Tradition? The Changing Presence of The Past
1(31)
A Theory of Tradition?
3(2)
Tradition and Time
5(8)
Pastness
5(2)
Presence
7(5)
Traditio
12(1)
Tradition as Information: The Conceptual Bran-Tub
13(3)
Massaging Tradition
16(4)
A Network of Tradition
20(3)
The Changing Presence of the Past
23(3)
Tradition and Corruption
26(3)
General Bibliography
29(3)
Between Traditions: Identity, Persuasion and Survival
32(27)
Tradition and Identity
33(7)
Tradition, races and states
34(4)
Protecting identity
38(2)
Persuasive Authority: Creating New (and Old) Epistemic Communities
40(4)
Commensurability: Of Apples and Oranges
44(4)
Universalizing: Ruling the World through Truth
48(5)
Globalizations
51(2)
The State and the New Diasporas
53(4)
The view from somewhere else
55(2)
General Bibliography
57(2)
A Chthonic Legal Tradition: To Recycle the World
59(33)
A Tradition Emerges
61(8)
Of sources and structures
61(4)
On ways of life
65(4)
The Web of Beliefs
69(5)
Law's domain
69(1)
Reason's domain
70(2)
Law and the cosmos
72(2)
Change and the Natural World
74(4)
Chthonic Ways and Other Ways
78(8)
Chthonic and other identities
79(1)
The state as middle ground
80(4)
Chthonic topics
84(2)
Chthonic peoples, states and human rights
86(2)
Universalizing the chthonic?
88(1)
General Bibliography
89(2)
Web Sites
91(1)
A Talmudic Legal Tradition: The Perfect Author
92(33)
A Tradition Rooted in Revelation
93(8)
The written words
95(1)
The written words proliferate
96(2)
Applying divine law
98(1)
The divine law applied
99(2)
The Talmud and Revelation
101(9)
Halakhah and aggadah
102(1)
Talmud and Torah
103(1)
The style of the text
104(2)
The style of reason
106(2)
The individual in the Talmud
108(2)
Talmud, the Divine Will and Change
110(4)
Of schools, traditions and movements
111(2)
Talmud and corruption
113(1)
Talmudic Law and State Law
114(8)
Talmudic law and Jewish identity
115(1)
Talmudic retreat?
116(3)
Talmudic example?
119(2)
A universal Talmud?
121(1)
General Bibliography
122(1)
Web Sites
123(2)
A Civil Law Tradition: The Centrality of the Person
125(45)
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(2)
The centrality of the person and the growth of rights
140(3)
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
148(3)
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(2)
Civil law in the world
165(1)
General Bibliography
166(2)
Web Sites
168(2)
An Islamic Legal Tradition: The Law of a Later Revelation
170(52)
A Tradition Rooted in Later Revelation
171(15)
The shari'a: sources
172(4)
Qadi justice and mufti learning
176(4)
Substantive shari'a
180(6)
Shari'a and Revelation
186(7)
Shari'a and kalam
186(1)
Ijma, the hadith, and revelation
187(3)
Islamic texts and islamic reason: the role of ijtihad
190(2)
The individual in the shari'a
192(1)
Ijma and Change
193(10)
Of schools and schism
194(4)
Subtle change
198(4)
Re-opening the door of endeavour
202(1)
Islams and the World
203(16)
The umma and its protection
204(4)
Contrapuntal exchange, with islams
208(5)
The islamic diaspora
213(3)
Jihad
216(3)
General Bibliography
219(2)
Web Sites
221(1)
A Common Law Tradition: The Ethic of Adjudication
222(49)
Birth and Development
223(9)
Of judges and judging
224(4)
Lawyers' law: pleading to issue
228(2)
The secreted law
230(2)
A Communal Law
232(6)
Formal limits and informal accommodation
233(2)
Communal relations
235(1)
Right reason
236(2)
Incremental Change
238(8)
Changing secreted law
239(1)
Changing fundamentals: procedure
240(4)
Changing thought
244(2)
Common Law and Uncommon Law
246(22)
Common law and nation-states
247(6)
The practice of comparison
253(5)
Western law in the world
258(7)
Western law and corruption
265(3)
General Bibliography
268(2)
Web Sites
270(1)
A Hindu Legal Tradition: The Law as King, But Which Law?
271(30)
A Tradition of Distant Revelation
273(8)
Of Vedas, sastras and commentaries
274(3)
Poetic justice
277(2)
Poetic law
279(2)
Karma, Dharma and the King
281(6)
The weight of karma
281(2)
Dharma and the king
283(1)
Fulfilling dharma
284(3)
Tolerating Change
287(5)
Time and Brahman
288(1)
Sadachara and schools
289(2)
Change through law
291(1)
Tolerating Others
292(6)
Hindu identity
292(2)
Hindu law in India
294(3)
Universal tolerance?
297(1)
General Bibliography
298(2)
Web Sites
300(1)
An Asian Legal Tradition: Make it New (With Marx?)
301(42)
A Tradition of Persuasion
302(7)
Adat law and chthonic law
303(1)
On li and fa
304(3)
Imperial institutions
307(1)
Li in Asia
308(1)
Asian Ways
309(12)
Li's domain
309(2)
Limiting fa
311(2)
Limiting religion
313(4)
Confucianization
317(1)
Li, social harmony and right
318(3)
Change and the Eternal Empire
321(4)
Asian time and space
322(2)
Asian corruption
324(1)
Asia as Centre of the World
325(14)
Asian identities
325(1)
Layered tradition
326(1)
Western law in Asia
327(3)
Socialist law in Asia
330(6)
Rights and Asian tradition
336(2)
Easternization?
338(1)
General Bibliography
339(3)
Web Sites
342(1)
Reconciling Legal Traditions: Sustainable Diversity in Law
343(24)
The Multiplicity of Traditions
343(4)
Internal traditions
344(2)
Lateral traditions
346(1)
Reconciling Traditions
347(10)
The normativity of tradition
348(1)
Complex traditions
348(2)
Bivalence and multivalence
350(3)
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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