By Werner F. Menski
This booklet provides a severe rethinking of the research of comparative legislation and
legal thought in a globalising global and proposes a brand new version. It highlights
the inadequacies of currentWestern theoretical methods in comparative
law, foreign legislations, felony concept and jurisprudence, specially for studying
Asian and African legislation, arguing that they're too parochial and eurocentric
to meet worldwide demanding situations. Menski argues for combining modern
natural legislations theories with positivist and socio-legal traditions, construction an
interactive, triangular suggestion of felony pluralism. endorsed because the fourth
major method of criminal idea, this version is utilized in analysing the historical
and conceptual improvement of Hindu legislations, Muslim legislation, African
laws and chinese language law.
Werner Menski is Professor of South Asian legislation on the college of
Oriental and African reviews, collage of London, the place he's additionally Chair
of the Centre for Ethnic Minority reports. He has released commonly in the
area of South Asian legislations. He has been a vacationing Professor on the Pakistan
College of legislation, Lahore, the South Asia Institute, college of Heidelberg,
the Tokyo collage of overseas stories, and at ILS legislations university, Pune,
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Additional info for Comparative Law in a Global Context - The Legal Systems of Asia and Africa
Abandoning the Western hubris that underpins much of comparative law and most of the current human rights discourse, the present study challenges the claimed superiority of Western models of law as dangerous. Similarly, Glenn (2000: 330; 2004: 356) argues that uniformising visions constitute a form of fundamentalism: They elevate one truth, or one tradition, to exclusive status, and seek to impose it. Fundamentalists may thus act in an imperial or aggressive or violent manner. In so doing, they do not reflect the entirety of their own tradition.
Later on, Glenn (2000: 49; 2004: 53) notes that ‘as there are multiple globalizations, so there are multiple regionalizations’. Doshi (2003: 364–6) reports on Robertson’s (2000) earlier mapping of globalisation history, which Robertson (2003) now discusses differently as a model of three waves. , 1994). , 1992). Challenging the modernist Enlightenment ideal of universal true knowledge, which was thought to be achieved through the exercise of objective human reason, postmodernism suggests that truth, knowledge and even reality are all culturally relative and that human rationality is heterogeneous and diverse.
1994). , 1992). Challenging the modernist Enlightenment ideal of universal true knowledge, which was thought to be achieved through the exercise of objective human reason, postmodernism suggests that truth, knowledge and even reality are all culturally relative and that human rationality is heterogeneous and diverse. As a result, ‘[t]he grand narrative has lost its credibility’ (Lyotard, 1984: 37). 23 Postmodern legal writers acknowledge that postmodern theory ‘protests against the totalising monopolisation of certain types of rationality and against universalist concepts that raise false allegations of absoluteness’ (Peters and Schwenke, 2000: 801–2), while most jurists tend to see this as ‘nothing less than a rejection of the whole liberal project’ (Freeman, 2001: 18).
Comparative Law in a Global Context - The Legal Systems of Asia and Africa by Werner F. Menski