Written in a clear and accessible style, this new text provides a broader concept of comparative law, placing national laws in the wider context of legal traditions. All major legal traditions of the world are covered. The scope and clarity of this work will make it essential reading for students and practitioners of transnational law alike. In 1998 it won the Grand Prize of the International Academy of Comparative Law.

Legal Traditions of the World: Sustainable Diversity of Law

Glenn, H. Patrick

Legal Theory & Systems

Oxford University Press

This prize-winning work offers a major new means of conceptualizing law and legal relations across the world. National laws are placed 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 Asian 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. Legal traditions are explained in terms of multivalent and non-conflictual forms of logic and thought. This title is suitable for both undergraduates and postgraduates in comparative law courses worldwide. It may also be of interest to those studying legal history, legal philosophy, international development, international human rights, and international business. Features · Was awarded the Grand Prize of the International Academy of International Law. · Offers comprehensive coverage of all major legal traditions and their contexts. · Incorporates a level of scholarship and analysis that surpasses all other comparative law textbooks. · Adopts a genuinely global perspective, making it an invaluable resource for courses worldwide.

Legal Traditions of the World: Sustainable Diversity in Law

Foreign & International Law

The idea of law as being the product of states dominated the legal theories of the nineteenth and twentieth centuries. Globalization has challenged many of the notions which underlie this idea, and has highlighted the need for a new theoretical picture of the law. This book argues that the classic concept of common law is a means of reconciling the law of the state and the many forms of transnational law which may complement it.

On Common Laws

Legal History

The first edition of this prize winning work sought to recast the discipline of comparative law and provided a new and inclusive means of reconciling the diverse laws and peoples of the world, through placing national laws in the broader context of legal traditions. The new edition further develops these themes. Glenn examines seven of the world's most important and complex legal traditions in detail; chtonic (or indigenous) law; talmudic law; civil law; Islamic law; common law; Hindu law and Asian law. Each tradition is examined in terms of its institutions and substantive law, its foundations concepts and methods, its attitudes towards the concept of change, and its teaching on relations with other traditions and peoples. Glenn considers both the common influences which have shaped these traditions and the major and important differences between them. Ultimately he demonstrates that despite their differences, the various traditions are fundamentally commensurable and are the best means of facilitating human diversity in an increasingly interdependent world.

The term "common law" is typically taken to refer to the system of judge-made law emanating from England. This new study, from the author of Legal Traditions of the World the leading comparative law textbook, examines the influence of different and more widespread forms of common law. These common laws existed as parallel sources of law and legal interpretation alongside the particular laws of European nations (including England, Germany, France and Holland) and regions (Tuscany, Naples, Piedmont and Lombardy). While these common laws originated in Europe they have today become transnational in character and play a major role on all continents, and many countries contribute to their development. They play a major role in all areas of law, from transnational commercial law to international human rights.

For more than two centuries the idea of the nation-state has been widespread. The expression is now widely used and is even to be unavoidable. The 'nation-state' implies that the population of a state should be homogenous in terms of language, religion, and ethnicity; the nation and the state should coincide. However history demonstrates that there never has been, and there never will be, a nation-state. Human diversity is manifest in states of all sizes, locations, and origins. This wide-ranging book argues that there should be no regret in the recognition of this empirical reality, since the notion of a nation-state has been the justification for some of the worst atrocities in human history. Since the nation-state is impossible, all states are cosmopolitan in character. They are cosmopolitan regardless of the language of their constitutions or official teaching and regardless of the extent to which they officially recognize their own diversity. The most successful states are those which are most successful in their own forms of cosmopolitanism. Cosmopolitan ways are infinitely varied, however, and must be sought in the intricate workings of individual states. The cosmopolitan character of states is necessarily reflected in their law. The main instruments of legal cosmopolitanism have been those of common laws, constitutionalism, and what is best described as institutional cosmopolitanism. The relative importance of these legal instruments has changed over time but all three have been constantly operative, even in times of attempted national and territorial closure. All three remain present in the contemporary cosmopolitan state, understood in terms of cosmopolitan citizens, cosmopolitan sources and cosmopolitan thought. The cosmopolitan state is, moreover, the only appropriate conceptualization of the state in a time of globalization.This book outlines the subtlety of the law of cosmopolitan states, law which has survived through periods of nationalism and which provides the working methods for the reconciliation of diverse populations. Combining law, history, political science, political philosophy, international relations, and the new logics, it demonstrates that the idea of the nation-state has failed and should yield to an understanding of the state as necessarily cosmopolitan in character. This will be invaluable reading to all those interested in constitutional law, international law, and political theory.

The Cosmopolitan State (Oxford Constitutional Theory)

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Books by Glenn, H. Patrick

See the best price to sell, buy, or rent books by Glenn, H. Patrick. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Legal Traditions of the World: Sustainable Diversity of Law

Legal Traditions of the World: Sustainable Diversity in Law

On Common Laws

Legal Traditions of the World: Sustainable Diversity in Law

On Common Laws

The Cosmopolitan State (Oxford Constitutional Theory)