Comparative law in a global context

By:

Menski, Werner

Material type: Text

TextPublication details: Cambridge; Cambridge University Press; 2006Edition: 2nd edDescription: 674 pISBN:

9780521675291

Subject(s):

Comparative law

DDC classification:

340.2 MEN

Summary: 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.

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Item type	Current library	Call number	Status	Date due	Barcode	Item holds
Books	Gandhi Smriti Library	340.2 MEN (Browse shelf(Opens below))	Available		93352

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Previous	340.2 CRU Comparative law in a changing World	340.2 GUT Comparative law	340.2 INT Introduction to legal systems / edited by J.D.M.Derrett	340.2 MEN Comparative law in a global context	340.2 WAC Law	340.203 ELG Elgar encyclopedia of comparative law/ edited by Jan .M. Smits	340.3 HAR Concept of law	Next

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.

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