Comparative Law in a Global Context - The Legal Systems of Asia and Africa

Description

This book presents a critical rethinking of the study of comparative law andlegal theory in a globalising world and proposes a new model. It highlightsthe inadequacies of currentWestern theoretical approaches in comparativelaw, international law, legal theory and jurisprudence, especially for studyingAsian and African laws, arguing that they are too parochial and eurocentricto meet global challenges. Menski argues for combining modernnatural law theories with positivist and socio-legal traditions, building aninteractive, triangular concept of legal pluralism. Advocated as the fourthmajor approach to legal theory, this model is applied in analysing the historicaland conceptual development of Hindu law, Muslim law, Africanlaws and Chinese law.Werner Menski is Professor of South Asian Laws at the School ofOriental and African Studies, University of London, where he is also Chairof the Centre for Ethnic Minority Studies. He has published widely in thearea of South Asian Law. He has been a Visiting Professor at the PakistanCollege of Law, Lahore, the South Asia Institute, University of Heidelberg,the Tokyo University of Foreign Studies, and at ILS Law College, Pune,India.