Legal Traditions In Asia

Author : Janos Jany
Publisher : Springer Nature
Page : 492 pages
File Size : 53,8 Mb
Release : 2020-04-08
Category : Law
ISBN : 9783030437282

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Legal Traditions in Asia by Janos Jany Pdf

This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.

Author : E. Ann Black,Gary F. Bell
Publisher : Cambridge University Press
Page : 429 pages
File Size : 48,9 Mb
Release : 2011-03-10
Category : Law
ISBN : 9781139495837

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Law and Legal Institutions of Asia by E. Ann Black,Gary F. Bell Pdf

The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.

Author : David C. Buxbaum,Assoc. of Southeast Asian Institutions of Higher Learning
Publisher : Springer
Page : 325 pages
File Size : 42,7 Mb
Release : 2013-11-11
Category : Law
ISBN : 9789401762168

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Family Law and Customary Law in Asia by David C. Buxbaum,Assoc. of Southeast Asian Institutions of Higher Learning Pdf

Author : Poh-Ling Tan
Publisher : Butterworth-Heinemann
Page : 446 pages
File Size : 46,6 Mb
Release : 1997
Category : Civil law
ISBN : STANFORD:36105060361297

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Asian Legal Systems by Poh-Ling Tan Pdf

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 52,5 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780774843737

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Indigenous Legal Traditions by Law Commission of Canada Pdf

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Author : Jingyuan Ma,Mel Marquis
Publisher : Cambridge University Press
Page : 431 pages
File Size : 48,5 Mb
Release : 2022-09-08
Category : Business & Economics
ISBN : 9781108488235

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Confucian Culture and Competition Law in East Asia by Jingyuan Ma,Mel Marquis Pdf

Shows how cultural factors have influenced the development of competition law in China, Japan and Korea.

Author : John O. Haley,Toshiko Takenaka
Publisher : Edward Elgar Publishing
Page : 392 pages
File Size : 41,6 Mb
Release : 2014-10-31
Category : Law
ISBN : 9781783472796

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Legal Innovations in Asia by John O. Haley,Toshiko Takenaka Pdf

Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intelle

Author : Mitra Sharafi
Publisher : Cambridge University Press
Page : 369 pages
File Size : 52,7 Mb
Release : 2014-04-21
Category : History
ISBN : 9781107047976

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Law and Identity in Colonial South Asia by Mitra Sharafi Pdf

This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.

Author : Gary F Bell
Publisher : Flipside Digital Content Company Inc.
Page : 318 pages
File Size : 42,6 Mb
Release : 2018-02-14
Category : Law
ISBN : 9789814786676

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Pluralism, Transnationalism and Culture in Asian Law by Gary F Bell Pdf

This book stems from a symposium held at the Faculty of Law of the National University of Singapore in honour of the pioneer in the field of legal pluralism, Professor M.B. Hooker. It gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.

Author : Jerome Alan Cohen,Fu-mei Chang Chen,R. Randle Edwards
Publisher : Princeton University Press
Page : 448 pages
File Size : 55,6 Mb
Release : 2017-03-14
Category : Law
ISBN : 9781400885831

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Essays on China's Legal Tradition by Jerome Alan Cohen,Fu-mei Chang Chen,R. Randle Edwards Pdf

In this volume of essays a group of scholars from Europe, Japan, the Republic of China, and the United States examines China's legal tradition to determine its importance for the study of both pre-modern China and of contemporary affairs. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Author : Werner F. Menski
Publisher : Cambridge University Press
Page : 565 pages
File Size : 47,5 Mb
Release : 2006-03-30
Category : Law
ISBN : 9781139452717

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Comparative Law in a Global Context by Werner F. Menski Pdf

Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative 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 eurocentric 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 analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

Author : Marcus Colchester
Publisher : Forest Peoples Programme
Page : 361 pages
File Size : 44,9 Mb
Release : 2011
Category : Indigenous peoples
ISBN : 9786169061175

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Divers Paths to Justice by Marcus Colchester Pdf

Author : Brian E. McKnight
Publisher : Unknown
Page : 196 pages
File Size : 53,5 Mb
Release : 1987
Category : Law
ISBN : STANFORD:36105043973663

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Law and the State in Traditional East Asia by Brian E. McKnight Pdf

Author : Shuvro Prosun Sarker
Publisher : Unknown
Page : 0 pages
File Size : 48,7 Mb
Release : 2014
Category : Law
ISBN : 9462360936

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Legal Education in Asia by Shuvro Prosun Sarker Pdf

This book contains a scholarly analysis of the status of legal education in 14 Asian jurisdictions, namely Bangladesh, China, Hong Kong, India, Iran, Israel, Japan, Jordan, Russia, South Korea, Taiwan, Thailand, Turkey, and Vietnam. What these jurisdictions have in common is the increasing acceptance of the rule of law as the organizing principle of governance, along with pluralism as a fact of life. Law is an integrating element reflecting cultural pluralism amidst social and economic inequalities and political power struggles. The challenge before legal educators in the Asian region is to restructure legal education in such a way that, while retaining the confidence of the people in the judicial apparatus, those who operate the system are trained to make justice accessible and affordable to every person, irrespective of their status and income. The book provides valuable insights into how the mission is being pursued by legal educators in the different countries of the region - many of which have legal traditions dating back to ancient times.

Author : Tom Ginsburg,Albert H.Y. Chen
Publisher : Routledge
Page : 395 pages
File Size : 52,7 Mb
Release : 2008-10-30
Category : Law
ISBN : 9781135970642

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Administrative Law and Governance in Asia by Tom Ginsburg,Albert H.Y. Chen Pdf

This book examines administrative law in Asia, exploring the profound changes in the legal regimes of many Asian states that have taken place in recent years. Political democratization in some countries, economic change more broadly and the forces of globalization have put pressure on the developmental state model, wherein bureaucrats governed in a kind of managed capitalism and public-private partnerships were central. In their stead, a more market-oriented regulatory state model seems to be emerging in many jurisdictions, with emphases on transparency, publicity, and constrained discretion. This book analyses the causes and consequences of this shift from a socio-legal perspective, showing clearly how decisions about the scope of administrative law and judicial review have an important effect on the shape and style of government regulation. Taking a comparative approach, individual chapters trace the key developments in the legal regimes of major states across Asia, including China, Japan, Korea, Malaysia, Taiwan, Hong Kong, Indonesia, Singapore, the Philippines, Thailand and Vietnam. They demonstrate that, in many cases, Asian states have shifted away from traditional systems in which judges were limited in terms of their influence over social and economic policy, towards regulatory models of the state involving a greater role for judges and law-like processes. The book also considers whether judiciaries are capable of performing the tasks they are being given, and assesses the profound consequences the judicialization of governance is starting to have on state policy-making in Asia.