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Vol 22 No 3 March/April 2017

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Comparative Legal Studies

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ISBN13: 9781855211360
ISBN: 185521136X
Published: January 1992
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print

These essays on comparative legal cultures look at topics such as the roots and alternatives of Western legal culture, common law and civil law, variations for cultures of law, comparative legal methods, legal cultures in co-existence and conflict, and degenaration of legal cultures.

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Part 1 Western legal culture - roots and alternatives: the unique nature of the concepts of western law, J.C. Smith; Gaius Noster - substructures of western social thought, Donald R. Kelley; law and right in English legal history, Albert Kiralfy; common law, civil law and socialist law - three leading systems of the world, three kinds of legal thought, A.G. Chloros.
Part 2 Common law and civil law - encounters: equity in the civil law and the common law, 15, Hessel E. Yntema; why no trusts in the civil law, 2, Vera Bolgar; quot judices tot sententiae - a study of the English reaction to continental interpretative techniques, Shael Herman.
Part 3 Variations for cultures of law: natural justice in Africa, Max Gluckman; the rule of law versus the order of custom, Stanley Diamond; the Chinese conceptions of law - Confucian, legalist and Buddhist, Luke T. Lee and Whalen W. Lai; western law in a traditional society Korea, Dai-Kwon Choi; the law of the subtle mind - the traditional Japanese conception of law, Chin Kim and Craig M. Lawson; Islam and appeal, Martin Shapiro.
Part 4 Comparative legal methods: logic and experience in Roman and Common Law, Peter Stein; legal reasoning in Rome and today, A.M. Honore; legal ontology and legal reasoning, Chaim Perelman; courts and codes in England, France and Soviet Russia, Bernard Rudden; Japanese way of legal thinking, Takeyoshi Kawashima; legal reasoning in Islamic law and the common law - logic and method, Wael B. Hallaq; equity and discretion in a modern Islamic legal system, Lawrence Rosen.
Part 5 Legal cultures in co-existence and conflict: legal pluralism in Roman law, G.C.J.J. Van Den Bergh; people's law, development, justice, 12, Upendra Baxi; Mens Rea and the reasonable African - the pre-scientific world-view and mistake of fact, Robert B. Seidman.
Part 6 Degeneration of legal cultures: Lenin and the revolutionary law-making, Csaba Varga; the Russian Judiciary Act of 1922 and some comments on the aspects of the German legal system under National Socialism, Norman S. Marsh; the Jeito - Brazil's institutional bypass of the formal legal system and its development implications, 19, Keith S. Rosenn.