Natural Law and Comparative Law
Published on 23. January 2015
Book
Hardback
414 pages
978-0-85490-154-8 (ISBN)
Description
It has been a major contention of classical natural law theory that the arguments it makes, because rooted in a robust account of human nature, are of universal applicability. A somewhat less well explored dimension is the extent to which it can admit of, and indeed support, the great variations in human cultures, life-ways and patterns of social ordering. Despite this fact, however, there is much to suggest that it is possessed of theoretical resources uniquely well adapted to maintaining a balance between unity and diversity in each of these areas. In consequence, although the disciplines of natural law and comparative law have long tended to be treated as essentially immiscible, there is much to suggest that this may not be the whole story and that an exploration of how they can be brought together holds out the promise of making real theoretical advances in each. It is in this spirit that the present volume collects together essays from a variety of scholars with interests in various aspects of classical natural law theory and comparative legal studies as a way of beginning what the editors hope will become a fruitful and, in time, much wider conversation.
More details
Series
Edition
UK ed.
Language
English
Place of publication
London
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 229 mm
Width: 152 mm
Weight
810 gr
ISBN-13
978-0-85490-154-8 (9780854901548)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Content
Introduction
Natural Law in the Story of Comparative Law: Considerations on Its Continuing Relevance
The Relevance of the Central Natural Law Tradition to Cross-Cultural Comparison: Philosophical and Systematic Considerations
Natural Law as the Basis of Cultural and Legal Diversity
Judaism, Natural Law and Rational Tradition
Natural Law: A Theological, Juridical and Epistemological Approach in Light of al-Ghaza?li?'s Al-Mustas?fa? min'ilm al-us?u?l (The Essence of the Science of the Methods of Jurisprudence)
Natural Law in Traditional China
Natural Law and Hinduism
On Buddhism and Natural Law
A Natural Law Approach to Law: Are the Confucians and the Thomists Commensurable?
Natural Law Approaches to Comparative Law: Methodological Perspectives, Legal Tradition and Natural Law
Human Nature, Biology and the Natural Law: A Natural Approach
Natural Law, Comparative Law and Eugenics
The Moral Void at the Heart of Human Rights Adjudication
The Culture of Rights, Constitutions and Natural Law
From Classical Natural Law to "New" Natural Law: Where Natural Law Becomes Ideology
Natural Law in the Story of Comparative Law: Considerations on Its Continuing Relevance
The Relevance of the Central Natural Law Tradition to Cross-Cultural Comparison: Philosophical and Systematic Considerations
Natural Law as the Basis of Cultural and Legal Diversity
Judaism, Natural Law and Rational Tradition
Natural Law: A Theological, Juridical and Epistemological Approach in Light of al-Ghaza?li?'s Al-Mustas?fa? min'ilm al-us?u?l (The Essence of the Science of the Methods of Jurisprudence)
Natural Law in Traditional China
Natural Law and Hinduism
On Buddhism and Natural Law
A Natural Law Approach to Law: Are the Confucians and the Thomists Commensurable?
Natural Law Approaches to Comparative Law: Methodological Perspectives, Legal Tradition and Natural Law
Human Nature, Biology and the Natural Law: A Natural Approach
Natural Law, Comparative Law and Eugenics
The Moral Void at the Heart of Human Rights Adjudication
The Culture of Rights, Constitutions and Natural Law
From Classical Natural Law to "New" Natural Law: Where Natural Law Becomes Ideology