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Vol 21 No 11 Nov/Dec 2016

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Law's Political Foundations: Rivers, Rifles, Rice, and Religion


ISBN13: 9781785368493
Published: June 2016
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £75.00



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Law's Political Foundations: Rivers, Rifles, Rice and Religion explains the development of the two basic systems of public and private law and their historical transformations.

Its four narrative chapters commence with the development of Chinese legal tradition as a public law order in which regulatory and penal rules were central, compared to the primacy of private law in Western Europe. China was not only among the earliest but also historically the most enduring example of public law order.

The European Legal Tradition in contrast became the source of the private law structures of legal systems worldwide. Included here are the Japanese and Hispanic American experiences as pivotal links that help to identify foundational factors that underpin the historical development of public and private law orders.

Also explained in both contexts is the endurance of private ordering both within and beyond the law. As described, these are stories of rivers, rifles, rice, and religion.

Subjects:
Comparative Law, Jurisprudence
Contents:
Introduction
1. Defining Law's Political Foundations
2. Rivers, Rifles, Rice, and Religion: Paradigms and Trajectories of Legal Change
3. Rivers, Rifles and Rice: Foundations of Public Law and Private Ordering in China
4. Rice and Rifles: Foundations of Private Law and Private Ordering in Japan
5. Rivers, Rifles, and Religion: The Primacy of Private Law in Western Europe
6. Rifles and Religion: The Transformation and Transplantation of Western Law in Hispanic America
Epilogue: Beyond Magellan's World
Index