Overview

Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalizing world, and proposes a new 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 euro-centric 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 analyzing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

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9781280437120

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