Comparative Law in a Global Context: The Legal Systems of Asia and Africa (Google eBook)

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Cambridge University Press, Mar 28, 2006 - Law
4 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.
  

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Terrorism: Reality of Invisible Balance of Power
Naveed Ahmed
In his book, Invisible Balance of Power, published in 2005, Sajjad Shaukat has taken present ‘different war’ as an interaction of
‘state terrorism’ led by the United States and the ‘group terrorism’ by the Al Qaeda or Islamic militants. A number of authors have written books about the 9/11 tragedy, but ground realities developed in accordance with the book. After seeing the main title, some people think that the book is against the US-led western allies, but without any prejudice, he has discussed both the sovereign and non-sovereign entities on parallel lines in this research-based book. On the one hand, he pointed out Al Qaeda’s ambush attacks, targeted killings, beheadings etc., while on the other, he mentioned special operations by the US forces in Afghanistan and Iraq, and CIA-tortures cells in various small countries. In this regard, missile strikes by the drones on Pakistan’s tribal areas and elsewhere amounts to state terrorism, which are being responded by the internal backlash. Shaukat proves that both the warring parties kill innocent civilians through ruthless terror.
Giving references of the power-theorists like Machiavelli, Morgentahu, Kissinger etc., Shaukat has written that power factor or use of force has failed in this different war which took origin from the privileged and unprivileged status quo.
Shaukat introduced new ideas about the issues relating to the Islamic ideology, Jihad, Western World, liberalism, power diplomacy on the Third World by the US-led major countries, globalization, harsh conditions by the IMF and World Bank, causes of suicide attacks etc.
Author’s future observations like a prolonged war, failure of military paradigm by the state actors, increase in US cost of war, more terrorism, failure of NATO in Afghanistan, plane plot in UK, the defeat of Israel in 2006 war by the Lebanon-based Hezbollah, international financial crisis, warlike situation between America and Iran, Syria and Israel including other developments like Israeli attacks on Palestinians, similar forms of state terrorism in the Indian-held Kashmir, occupation of Iraq’s areas by the Jihadists-ISIS (Islamic State in Iraq and Syria) proved correct.
Indicating the failure of coercive diplomacy, the author also predicted that that in case of a protracted war with the insurgents, the US bargaining leverage would reduce on small countries. It happens so, as North Korea, Venezuela, Iran, Pakistan, Uzbekistan, Cuba and Turkey have rejected American undue pressure on a number of issues and matters. Besides, Russia and China have stood together to cope with the US-dominated world order, and now, strongly favour a multi-polar world. America’s decision not to attack Syria in 2013 due to Moscow’s stand, and Russian control of Crimea might be cited as example.
Shaukat also gave positive suggestions to the US, but President Obama did not act upon. Therefore, war on terror has resulted into more implications, giving a blow to the larger economies of the US and other developed nations.
Emphasizing the solution of key disputes like Kashmir and Palestine which remains breeding grounds of terrorism, the book suggests that realism (power factor) must be reconciled with idealism, which is essential for world peace and geo-political interests of the US-led developed countries and those of the small countries also by reforming the system of the UN. Shaukat warns that otherwise, “Invisible Balance of Power” will culminate into “calash of civilizations.”
It is due to the present scenario of terrorism—which already pointed out by the author that the publisher reprinted the book after nine years.
Author: Sajjad Shaukat -ISBN, 9690019589
Published by: Ferozsons, 60 Shahrah-i-Quaid-i-Azam, Lahore, Pakistan
Publisher’s Email: support@ferozsons.com.pk
www.@ferozsons.com.pk
 

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Terrorism & Invisible Balance of Power
Imran Farooqi
In his book, “Invisible Balance of Power, US vs Islamic Militants: Dangerous Shift in International Relations”, published in 2005, Sajjad
Shaukat has taken present ‘different war’ as an interaction of ‘state terrorism’ led by the United States and the ‘group terrorism’ by the Al Qaeda or Islamic militants. It is notable that a number of authors have written books about the 9/11 tragedy, but ground realities developed in accordance with the book. After seeing the main title, some people think that the book is against the US or its western allies, but without any prejudice, he has discussed both the sovereign and non-sovereign entities on parallel lines in this research-based book. On the one hand, he has pointed out Al Qaeda’s ambush attacks, targeted killings, beheadings etc., while on the other, he has mentioned special operations by the US forces in Afghanistan and Iraq, and CIA-tortures cells in various Islamic countries. In this regard, missile strikes by the drones on Pakistan’s tribal areas and elsewhere amounts to state terrorism, which are being responded by the internal backlash…suicide attacks and hostage-takings by the Muslim radicals. Shaukat has proved that both the warring parties kill innocent civilians through ruthless terror.
Giving a number of references of the power-theorists like Machiavelli, Hobbes, Morgentahu etc. Shaukat has written that power factor or use of forces has failed in this different war which took origin from the privileged and unprivileged status quo led by the most developed states and the less developed countries respectively.
Besides, Shaukat has introduced new ideas about the issues relating to the Islamic ideology, Jehad, liberalism, Western world, terrorism, causes of suicide attacks etc.
Particularly, future observations of the author like a prolonged war, failure of military paradigm by the state actors in coping with the non-state actors, increase in US cost of war, rise of more terrorism, unsuccessful mission of NATO in Afghanistan, plane plot in UK, international financial crisis, warlike situation between America and Iran, Syria and Israel including other developments have proved correct.
Shaukat also gave positive suggestions to the US, but President Obama did not act upon them. Therefore war on terror has resulted into more implications as already predicted by the author. For example, he elaborated that Al Qaeda fighters have been creating economic instability in the world through their subversive acts, giving a blow to the larger economies of the US and the developed nations.
The book indicates that realism (power factor) must be reconciled with idealism, which is essential for world peace and geo-political interests of the US-led developed countries and those of the small countries by reforming the system of the UN.
It is due to the present scenario of war against terrorism—which already pointed out by the author that the publisher reprinted the book after seven years.
Main Title: Invisible Balance of Power
Author: Sajjad Shaukat -ISBN, 9690019589
Published by: Ferozsons, 60 Shahrah-i-Quaid-i-Azam, Lahore, Pakistan
Date of Publication: 2005
Pages: 245
Price: Rs. 495
Reprinted in 2013, Price: Rs. 595
Publisher’s Email: support@ferozsons.com.pk
www.@ferozsons.com.pk
Telephone: 0092 42 35712024
0092 42 35712276
Author’s Email: sajjad_logic@yahoo.com
 

Contents

images and reflections of law
129
the search for appropriateness
196
Gods law or mens law?
279
the search for law
380
code and conduct
493
towards global legal realism
594
References 614
614
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About the author (2006)

Professor of South Asian Laws, Department of Law, School of Oriental and African Studies, University of London.

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