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Books > Law > Jurisprudence & general issues > Foundations of law > General
The Continuity of Legal Systems in Theory and Practice examines a
persistent and fascinating question about the continuity of legal
systems: when is a legal system existing at one time the same legal
system that exists at another time? The book's distinctive approach
to this question is to combine abstract critical analysis of two of
the most developed theories of legal systems, those of Hans Kelsen
and Joseph Raz, with an evaluation of their capacity, in practice,
to explain the facts, attitudes and normative standards for which
they purport to account. That evaluation is undertaken by reference
to Australian constitutional law and history, whose diverse and
complex phenomena make it particularly apt for evaluating the
theories' explanatory power. In testing whether the depiction of
Australian law presented by each theory achieves an adequate 'fit'
with historical facts, the book also contributes to the
understanding of Australian law and legal systems between 1788 and
2001. By collating the relevant Australian materials systematically
for the first time, it presents the case for reconceptualising the
role of Imperial laws and institutions during the late nineteenth
and early twentieth centuries, and clarifies the interrelationship
between Colonial, State, Commonwealth and Imperial legal systems,
both before and after Federation.
Uwe Kischel's comprehensive treatise on comparative law offers a
critical introduction to the central tenets of comparative legal
scholarship. The first part of the book is dedicated to general
aspects of comparative law. The controversial question of methods,
in particular, is addressed by explaining and discussing different
approaches, and by developing a contextual approach that seeks to
engage with real-world issues and takes a practical perspective on
contemporary comparative legal scholarship. The second part of the
book offers a detailed treatment of the major legal contexts across
the globe, including common law, civil law systems (based on
Germany and France, and extended to Eastern Europe, Scandinavia,
and Latin America, among others), the African context (with an
emphasis on customary law), different contexts in Asia, Islamic law
and law in Islamic countries (plus a brief treatment of Jewish law
and canon law), and transnational contexts (public international
law, European Union law, and lex mercatoria). The book offers a
coherent treatment of global legal systems that aims not only to
describe their varying norms and legal institutions but to propose
a better way of seeking to understand how the overall context of
legal systems influences legal thinking and legal practice.
Christians often see the Old Testament law as out of date and
irrelevant now that Christ has come. Lalleman rejects this view and
makes the case for the ongoing importance of the Law in the
Christian life something to celebrate. Most helpfully, Lalleman
sets out a model for interpretating Old Testament laws in the
context of the whole of the Bible. She interacts with the scholarly
literature on the subject in a very readable way and provides some
basic biblical principles for integrating the whole of God's word
in our lives. Lalleman then fleshes out these principles by
applying them to three difficult topics in Old Testament law food
laws, the cancellation of debts, and warfare. At the heart of this
celebration of the law, she contends, is the wholeness, holiness,
and integrity of God himself.
Building on earlier work in the anthropology of law and taking a
critical stance toward it, June Starr and Jane F. Collier ask,
"Should social anthropologists continue to isolate the 'legal' as a
separate field of study?" To answer this question, they confront
critics of legal anthropology who suggest that the subfield is
dying and advocate a reintegration of legal anthropology into a
renewed general anthropology. Chapters by anthropologists,
sociologists, and law professors, using anthropological rather than
legal methodologies, provide original analyses of particular legal
developments. Some contributors adopt an interpretative approach,
focusing on law as a system of meaning; others adopt a
materialistic approach, analyzing the economic and political forces
that historically shaped relations between social groups.
Contributors include Said Armir Arjomand, Anton Blok, Bernard Cohn,
George Collier, Carol Greenhouse, Sally Falk Moore, Laura Nader,
June Nash, Lawrence Rosen, June Starr, and Joan Vincent.
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