Comparative Law in a Global Context: The Legal Systems of Asia and AfricaCambridge University Press, 2006年3月30日 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. |
搜尋書籍內容
第 1 到 5 筆結果,共 85 筆
第 31 頁
... religious traditions ( within cultural traditions that seem to give pre - eminence to the group rather than the individual ) has long been purposely underplayed by Western scholarship to hold up the enemy of ' tradi- tion ' and ' religion ...
... religious traditions ( within cultural traditions that seem to give pre - eminence to the group rather than the individual ) has long been purposely underplayed by Western scholarship to hold up the enemy of ' tradi- tion ' and ' religion ...
第 32 頁
... religious systems and their competing truth claims.21 As in religious studies , it seems that , unless we agree to disagree about the basic ingredients of law itself and allow others the space to explain ( and live ) their culturally ...
... religious systems and their competing truth claims.21 As in religious studies , it seems that , unless we agree to disagree about the basic ingredients of law itself and allow others the space to explain ( and live ) their culturally ...
第 33 頁
... religion and society linked to law ? 25 Do Gods / gods or their human spokespersons make law ? Are ' customs ' to be ... religious dimensions of law and legal dimensions of religion , and that the two cannot survive independently of each ...
... religion and society linked to law ? 25 Do Gods / gods or their human spokespersons make law ? Are ' customs ' to be ... religious dimensions of law and legal dimensions of religion , and that the two cannot survive independently of each ...
第 62 頁
... religious and linguistic inheritance , which they are actively and creatively reinterpreting in order to rebuild their lives on their own terms . This refusal to submit to assimilationist pressures ' on the ground ' constitutes a ...
... religious and linguistic inheritance , which they are actively and creatively reinterpreting in order to rebuild their lives on their own terms . This refusal to submit to assimilationist pressures ' on the ground ' constitutes a ...
第 65 頁
... religious authorities, local customs and the respective state rule systems. Muslims are not unique in seeking to combine the perceived require- ments of their religious and social framework of norms with particular forms of official ...
... religious authorities, local customs and the respective state rule systems. Muslims are not unique in seeking to combine the perceived require- ments of their religious and social framework of norms with particular forms of official ...
常見字詞
African customary laws African laws African legal Allott ancient approach argued Asian authority Ayittey Bodde and Morris British chapter Chiba China Chinese law chthonic claims codes colonial concept Confucian context Coulson courts cultural culture-specific custom customary law David and Brierley debates Derrett dharma dispute settlement divine elements emphasised evidence existence focused formal Freeman global globalisation God’s grundnorm Hanafi Hindu law human ijma ijtihad important Indian law indigenous individual Islamic law Islamisation jurisprudence jurists justice law-making lawyers legal pluralism legal positivism legal system legal theory legal transplants legislation legocentric marriage McAleavy 1968a Menski modern Muslim law natural law norms official law Pakistan perspective plurality-conscious political positivist principles Prophet punishment qadis Qur'an recognised reforms religion religious remains ritual role ruler Schacht scholars secular self-controlled order Shafi'i shari'a social society socio-legal Sprenkel sunna t]he taqlid texts traditional African Umayyads Western
熱門章節
第 142 頁 - Commentaries remarks that this law of nature, being coeval with mankind and dictated by God himself, is, of course, superior in obligation to any other. It is binding over all the globe, in all countries and at all times; no human laws are of any validity if contrary to this, and such of them as are valid derive all their force, and all their validity, and all their authority, mediately and immediately, from this original...
第 279 頁 - The State shall, in particular, direct its policy towards securing: a. that the citizens, men and women equally, have the right to an adequate means of livelihood; b.
第 396 頁 - I am apt to suspect the negroes and in general all the other species of men (for there are four or five different kinds) to be naturally inferior to the whites.
第 279 頁 - India ; (d) to defend the country and render national service when called upon to do so ; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities...
第 280 頁 - ... preserve the rich heritage of our composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; ( j) to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavour and...
第 100 頁 - Hence if doubts arise as to what the rules are or as to the precise scope of some given rule, there will be no procedure for settling this doubt, either by reference to an authoritative text or to an official whose declarations on this point are authoritative.
第 99 頁 - ... to do or abstain from certain actions, whether they wish to or not. Rules of the other type are in a sense parasitic upon or secondary to the first; for they provide that human beings may by doing or saying certain things introduce new rules of the primary type, extinguish or modify old ones, or in various ways determine their incidence or control their operations.
第 459 頁 - Germany during the latter part of the nineteenth and first part of the twentieth centuries...
第 88 頁 - If by any means we can determine the early forms of jural conceptions, they will be invaluable to us. These rudimentary ideas are to the jurist what the primary crusts of the earth are to the geologist. They contain, potentially, all the forms in which law has subsequently exhibited itself.