Legal Traditions of the World: Sustainable Diversity in Law / Edition 2

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More About This Textbook

Overview

The first edition of this prize winning work sought to recast the discipline of comparative law and provided a new and inclusive means of reconciling the diverse laws and peoples of the world, through placing national laws in the broader context of legal traditions. The new edition further develops these themes.

Glenn examines seven of the world's most important and complex legal traditions in detail; chtonic (or indigenous) law; talmudic law; civil law; Islamic law; common law; Hindu law and Asian law. Each tradition is examined in terms of its institutions and substantive law, its foundations concepts and methods, its attitudes towards the concept of change, and its teaching on relations with other traditions and peoples. Glenn considers both the common influences which have shaped these traditions and the major and important differences between them. Ultimately he demonstrates that despite their differences, the various traditions are fundamentally commensurable and are the best means of facilitating human diversity in an increasingly interdependent world.

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Product Details

  • ISBN-13: 9780199260881
  • Publisher: Oxford University Press, USA
  • Publication date: 9/15/2004
  • Edition description: Older Edition
  • Edition number: 2
  • Pages: 401
  • Product dimensions: 9.60 (w) x 6.70 (h) x 0.90 (d)

Meet the Author

H.Patrick Glenn is the Peter M.Laing Professor of Law at McGill University, Montreal, and a Member of the International Academy of Comparative Law.

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Table of Contents

1 A theory of tradition? : the changing presence of the past 1
2 Between traditions : identity, persuasion and survival 32
3 A chthonic legal tradition : to recycle the world 59
4 A Talmudic legal tradition : the perfect author 92
5 A civil law tradition : the centrality of the person 125
6 An Islamic legal tradition : the law of a later revelation 170
7 A common law tradition : the ethic of adjudication 222
8 A Hindu legal tradition : the law as king, but which law? 271
9 An Asian legal tradition : make it new (with Marx?) 301
10 Reconciling legal traditions : sustainable diversity in law 343
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