Overview

It has been a major contention of classical natural law theory that the arguments it makes, because rooted in a robust account of human nature, are of universal applicability. A somewhat less well explored dimension is the extent to which it can admit of, and indeed support, the great variations in human cultures, life-ways and patterns of social ordering. Despite this fact, however, there is much to suggest that it is possessed of theoretical resources uniquely well adapted to maintaining a balance between unity and diversity in each of these areas. In consequence, although the disciplines of natural law and comparative law have long tended to be treated as essentially immiscible, there is much to suggest that this may not be the whole story and that an exploration of how they can be brought together holds out the promise of making real theoretical advances in each. It is in this spirit that the present volume collects together essays from a variety of scholars with interests in various aspects of classical natural law theory and comparative legal studies as a way of beginning what the editors hope will become a fruitful and, in time, much wider conversation.

Full Product Details

Author:   Russell Wilcox ,  Anthony Carty
Publisher:   Wildy, Simmonds and Hill Publishing
Imprint:   Wildy, Simmonds and Hill Publishing
Edition:   UK ed.
Volume:   12
Weight:   0.810kg
ISBN:  

9780854901548

ISBN 10:   085490154
Pages:   414
Publication Date:   23 January 2015
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Introduction Natural Law in the Story of Comparative Law: Considerations on Its Continuing Relevance The Relevance of the Central Natural Law Tradition to Cross-Cultural Comparison: Philosophical and Systematic Considerations Natural Law as the Basis of Cultural and Legal Diversity Judaism, Natural Law and Rational Tradition Natural Law: A Theological, Juridical and Epistemological Approach in Light of al-GhazaÌ liÌ 's Al-MustasÌ£faÌ min`ilm al-usÌ£uÌ l (The Essence of the Science of the Methods of Jurisprudence) Natural Law in Traditional China Natural Law and Hinduism On Buddhism and Natural Law A Natural Law Approach to Law: Are the Confucians and the Thomists Commensurable? Natural Law Approaches to Comparative Law: Methodological Perspectives, Legal Tradition and Natural Law Human Nature, Biology and the Natural Law: A Natural Approach Natural Law, Comparative Law and Eugenics The Moral Void at the Heart of Human Rights Adjudication The Culture of Rights, Constitutions and Natural Law From Classical Natural Law to New Natural Law: Where Natural Law Becomes Ideology

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