Subjects:

Comparative Law

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: Gods law or mens law?

6. African law: the search for law

7. Chinese law: code and conduct

Concluding analysis: Towards global legal realism.

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 a new 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.