ISBN : 9780199669837
Legal Traditions of the World places national laws in the broader context of major legal traditions, those of chthonic (or indigenous) law, talmudic law, civil law, islamic law, common law, hindu law and confucian law. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change and its teaching on relations with other traditions and peoples. The concept of legal tradition is explained as non-conflictual in character and compatible with new and inclusive forms of logic.
1. A theory of tradition? The changing presence of the past
2. Between traditions: identity, persuasion and survival
3. A chthonic legal tradition: to recycle the world
4. A talmudic legal tradition: the perfect author
5. A civil law tradition: the centrality of the person
6. An islamic legal tradition: the law of the later revelation
7. A common law tradition: the ethic of adjudication
8. A hindu legal tradition: the law as king, but which law?
9. A confucian legal tradition: make it new (with Marx?)
10. Reconciling legal traditions: sustainable diversity in law