Comparative Law in a Global Context: The Legal Systems of Asia and AfricaNow 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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African customary laws African laws African legal Allott ancient approach argued Asian authority Ayittey Bodde and Morris British chapter Chiba China Chinese law chthonic claims codes colonial concept Confucian context Coulson courts cultural culture-specific custom customary law David and Brierley debates Derrett dharma dispute settlement divine elements emphasised evidence existence focused formal Freeman global globalisation God’s grundnorm Hanafi Hindu law human ijma ijtihad important Indian law indigenous individual Islamic law Islamisation jurisprudence jurists justice law-making lawyers legal pluralism legal positivism legal system legal theory legal transplants legislation legocentric marriage McAleavy 1968a Menski modern Muslim law natural law norms official law Pakistan perspective plurality-conscious political positivist principles Prophet punishment qadis Qur'an recognised reforms religion religious remains ritual role ruler Schacht scholars secular self-controlled order Shafi'i shari'a social society socio-legal Sprenkel sunna t]he taqlid texts traditional African Umayyads Western