The Boundaries of Meaning and the Formation of Law: Legal Concepts and Reasoning in the English, Arabic, and Chinese Traditions [NOOK Book]

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Overview

Different legal systems share some basic developmental tendencies that are rooted in the historical evolution of language and culture. In this comparative history of English common law, Islamic law, and Chinese imperialist law Sharron Gu describes the formation of three diverse legal systems in terms of their unique linguistic environments. She argues that the characteristics of each language define the nature of the common, statute, administrative, and religious laws associated with it and set the boundaries for its legal imagination.

Gu's original perspective on legal history challenges established theories of law based on political science, ...
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More About This Book

Overview

Different legal systems share some basic developmental tendencies that are rooted in the historical evolution of language and culture. In this comparative history of English common law, Islamic law, and Chinese imperialist law Sharron Gu describes the formation of three diverse legal systems in terms of their unique linguistic environments. She argues that the characteristics of each language define the nature of the common, statute, administrative, and religious laws associated with it and set the boundaries for its legal imagination.

Gu's original perspective on legal history challenges established theories of law based on political science, sociology, and philosophy. She argues that language at a specific time and place determines how the law works in each culture. As each language accumulates too many meanings and connotations, the law becomes inflated by rulings, interpretations, and codified cases that overlap and contradict one another.

Product Details

  • ISBN-13: 9780773560024
  • Publisher: McGill-Queens University Press
  • Publication date: 4/18/2006
  • Sold by: Barnes & Noble
  • Format: eBook
  • File size: 2 MB

Meet the Author

Sharron Gu has taught history at Temple University. She is currently an independent researcher based in Canada.

Table of Contents

1 The conceptualization and transmission of abstract rights : the Romanization of English law 5
2 The elaboration of absolute, concrete, yet fluid rights : the Islamization of Arabic law 40
3 The formation of concrete, specific, yet conflicting rights : the moralization of Chinese law 76
4 The boundaries of meaning, linear reasoning,and the separation of powers : the authority of words in English law 109
5 Fluid meaning, correlative reasoning, and diverse jurisprudence : the words of interpretive authority in Islamic law 135
6 Boundless meaning, multidimensional reasoning, and boundless power : the words of legislative authority in Chinese law 158

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