Comparative Legal Studies

Part 1 Western legal culture - roots and alternatives: the unique nature of the concepts of western law, J.C. Smith; Gaius Noster - substructures of western social thought, Donald R. Kelley; law and right in English legal history, Albert Kiralfy; common law, civil law and socialist law - three leading systems of the world, three kinds of legal thought, A.G. Chloros. Part 2 Common law and civil law - encounters: equity in the civil law and the common law, 15, Hessel E. Yntema; why no trusts in the civil law, 2, Vera Bolgar; quot judices tot sententiae - a study of the English reaction to continental interpretative techniques, Shael Herman. Part 3 Variations for cultures of law: natural justice in Africa, Max Gluckman; the rule of law versus the order of custom, Stanley Diamond; the Chinese conceptions of law - Confucian, legalist and Buddhist, Luke T. Lee and Whalen W. Lai; western law in a traditional society Korea, Dai-Kwon Choi; the law of the subtle mind - the traditional Japanese conception of law, Chin Kim and Craig M. Lawson; Islam and appeal, Martin Shapiro. Part 4 Comparative legal methods: logic and experience in Roman and Common Law, Peter Stein; legal reasoning in Rome and today, A.M. Honore; legal ontology and legal reasoning, Chaim Perelman; courts and codes in England, France and Soviet Russia, Bernard Rudden; Japanese way of legal thinking, Takeyoshi Kawashima; legal reasoning in Islamic law and the common law - logic and method, Wael B. Hallaq; equity and discretion in a modern Islamic legal system, Lawrence Rosen. Part 5 Legal cultures in co-existence and conflict: legal pluralism in Roman law, G.C.J.J. Van Den Bergh; people's law, development, justice, 12, Upendra Baxi; Mens Rea and the reasonable African - the pre-scientific world-view and mistake of fact, Robert B. Seidman. Part 6 Degeneration of legal cultures: Lenin and the revolutionary law-making, Csaba Varga; the Russian Judiciary Act of 1922 and some comments on the aspects of the German legal system under National Socialism, Norman S. Marsh; the Jeito - Brazil's institutional bypass of the formal legal system and its development implications, 19, Keith S. Rosenn.