Synopses & Reviews
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.
Review
"This is a sprawling, engaged and engaging study in comparative jurisprudence. It provides, as the title indicates, an extended comparative study of the legal systems that function in Africa and Asia, notably those of "Hindu law," "Islamic law," "African laws" and "Chinese law." But it seeks to do much more than that. It takes on conventional claims in contemporary Anglo-American jurisprudence on the nature, sources and scope of law, and finds the dominant accounts of the concept of law within this jurisprudence flawed and incomplete." - Maxwell O. Chibundu, University of Maryland School of Law, Law and Politics Book Review
Synopsis
Develops an approach to understanding law as an internally plural interactive phenomenon in a globalising world. Menski combines the major schools of legal thought to develop a new pluralist approach to understanding law, based on the history and concepts of Hindu law, Muslim law, African laws and Chinese law.
Synopsis
Develops an approach to understanding law as an internally plural interactive phenomenon in a globalising world.
About the Author
Professor of South Asian Laws, Department of Law, School of Oriental and African Studies, University of London.
Table of Contents
Part I. Comparative Theoretical Framework: Introduction: Globalisation and Asian and African Legal systems; 1. Comparative law and legal theory from a global perspective; 2. Legal pluralism in legal theory and comparative law; 3. Comparative jurisprudence: images and reflections of law; Part II. Regional Comparisons in a Global Context: 4. Hindu law: The search for appropriateness; 5. Muslim law: God's law or men's law?; 6. African law: the search for law; 7. Chinese law: code and conduct; Concluding analysis: Towards global legal realism.