This stimulating book considers the ways in which historical jurisprudence deserves to be rethought, arguing that there is much more to the history of legal thought than the ideas, and ideology, of the nineteenth and early twentieth century jurists, such as Karl von Savigny and Sir Henry Maine. In doing so, Geoffrey Samuel looks at the history of legal thought, method and reasoning from the position of three questions that will help readers to reflect on the nature of legal knowledge. First, what has legal knowledge been in the past? Secondly, taking a cue from the work of Thomas Kuhn, have there been scientific revolutions in the history of law? Thirdly, do jurists today know more about law as a body of knowledge than jurists of the past? In other words, does the history of law reveal a body of cumulative knowledge? This nuanced book shows how, in re-examining legal knowledge from a diachronic perspective, historical jurisprudence can be rethought as a domain concerned with contemporary legal epistemology. Ambitious in its scope, Rethinking Historical Jurisprudence will be a key resource for students and scholars in the fields of legal philosophy, legal theory and history and research methods in law.

As law's institutional configurations stand, comparative law is a relatively new discipline. The first specialized journals and chairs, for example, go back a mere two hundred years or so. Yet, in its two centuries of institutional existence, comparative law has been the focus of much discussion, mostly by comparatists themselves reflecting on their practice. Indeed, some of this thinking came firmly to establish itself as a governing epistemology within the field. This book holds that the time has nonetheless come, even for such a young venture as comparative law, to engage in a re-thinking of its intellectual ways. Specifically, three comparatists hailing from different horizons investigate various assumptions and lines of reasoning that must invite reconsideration. The principal ambition informing the work is to optimize the interpretive rewards that the comparison of laws is in a position to generate. Not limited to a particular country or jurisdiction, Rethinking Comparative Law aims to attract a large audience comprising students and scholars from diverse cultural backgrounds. Undergraduate or postgraduate law students and lawyers with an interest in comparative law will find the book helpful for a better appreciation of the many implications arising from the increased interaction with foreign law in a globalizing world.

?'Rethinking?' legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning? At a more specific level the pursuit of this understanding is conducted through posing a number of questions that are founded on different approaches. What has legal reasoning been? What are the institutional and conceptual legacies of this history? What is the literature and textual heritage? How does it compare with medical reasoning and with reasoning in the humanities? Can it be demystified? In exploring these questions Samuel suggests a number of frameworks that offer some new insights into the nature of legal reasoning. The author also puts forward two key ideas. First, that the legal notion of an '?interest?' might perhaps be a very suitable artefact for rethinking legal reasoning; and, secondly, that fiction theory might be the most viable ?'epistemological attitude?' for understanding, if not rethinking, reasoning in law. This book will be of great interest to academics who are researching legal method and legal reasoning, as well as epistemology of the social sciences and aspects of comparative law. It will also be an insightful text for those interested in legal history and historical perspectives on legal reasoning.

This comprehensive book presents the English law of contract and tort in the context of a European law of obligations.Law of Obligations provides the reader with an overview of contract and tort as well as an introduction to the law of obligations in the civil (or continental) law tradition. The book is considered an extensive introduction to the western law of obligations, but with an emphasis on English law. Arising out of the analysis of the two legal traditions, Geoffrey Samuel raises questions about the appropriateness of importing the obligations category into the common law. He also highlights what has been termed the ?harmonisation debate?; should the law of obligations be harmonised at a European ? or even international level? The debate raises some fundamental issues not just about legal traditions and about the law of obligations itself, but also about comparative law theory and methodology.Designed with English law students and jurists in mind, this book will be an invaluable tool for researching contract, tort and the law of obligations. It is an original contribution not only to European private law but equally to comparative legal studies.

This Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists; and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist. Geoffrey Samuel begins by identifying the main institutional focal points of legal reasoning (ius, regulae iuris, Interpretatio, utilitas and actiones). While examining legal reasoning from both an internal and external viewpoint, the book simultaneously incorporates theory and scholarship from a range of other disciplines including social science and film studies. The author also includes a discussion of fiction theory, schemes of intelligibility, and other epistemological issues as well as standard reasoning devices such as induction, deduction and analogy. Combining cases and materials with original text, this unique, concise format is designed to be accessible for students who are starting out on their law programs, as well as providing insights for students and researchers who would like to examine judging and legal reasoning in more depth.

This Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists; and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist. Geoffrey Samuel begins by identifying the main institutional focal points of legal reasoning (ius, regulae iuris, Interpretatio, utilitas and actiones). While examining legal reasoning from both an internal and external viewpoint, the book simultaneously incorporates theory and scholarship from a range of other disciplines including social science and film studies. The author also includes a discussion of fiction theory, schemes of intelligibility, and other epistemological issues as well as standard reasoning devices such as induction, deduction and analogy. Combining cases and materials with original text, this unique, concise format is designed to be accessible for students who are starting out on their law programs, as well as providing insights for students and researchers who would like to examine judging and legal reasoning in more depth.

Geoffrey Samuel's distinctive approach is to present the English common law in the light of its history and its dominant ideas. A student will learn not only what are the major rules of private law and civil law procedure, but will grasp the spirit of the common law. He will thus learn why they exist in a particular form and how common lawyers make them work. Civilian terms are used to provide a guide for the student from a civil law system to understand the initially strange terms and approaches of the common lawyer. This book is clear and insightful. It should be read particularly by Masters students and those embarking on a doctorate involving study of the common law.' - John Bell, Pembroke College, UK'To write a good introduction to the common law aimed mainly at civil lawyers is a real challenge. One needs not only to master the common law, its history and its sociological backgrounds, but also to understand how the prospective readers think in their own civilian legal systems. With his longstanding teaching activities in civil law countries, his obvious deep knowledge of the historical roots of civil and common law, Geoffrey Samuel offers here a book which should be pressed into every hands across the civil law world. Finally, we get here an introduction to the common law truly written for civilian lawyers and students, which is easy to understand and thoughtful. A brilliant piece for which the author should be praised.' - Pascal Pichonnaz, University of Fribourg, Switzerland 'Common law has remained enigmatic for lawyers from the civil law legal culture. This book presents a wonderfully compact introduction to the English common law and explains concisely why it is as it is today. Geoffrey Samuel offers insightful and scholarly first-rate representation of those characteristics which stand out for the civil law lawyer. Clarifying and supporting diagrams are especially helpful for non-common law lawyers. Samuel's A Short Introduction to the Common Law is highly recommended for anyone looking for clear and fluently written basic insight into the common law and its historical foundation.' - Jaakko Husa, University of Lapland, Finland This book provides a short, accessible introduction to the English common law tradition, in particular to the civil process. It adopts an approach which explains the historical development of the common law institutions and procedures whilst also setting them in perspective through a comparative outlook. Aspects of the common law are contrasted on occasions with structural or functional equivalents (or near equivalents) in the civil law. The key topics covered include: the English civil courts (and other dispute resolution institutions and alternatives), civil procedure, remedies, sources of law, legal reasoning, legal education, legal theories, legal institutions and concepts and legal categories. In addition to textual description and analysis, the book makes frequent use of visual diagrams to explain and to illustrate aspects of the common law. Providing both an overview of the English common law and an insight into the legal mentality of common lawyers, the book will appeal both to first year law students as well as to continental jurists who are investigating the common law for the first time. Contents: Preface Introduction 1. Development of the English Courts 2. Development of the English Procedural Tradition 3. English Law Remedies 4. English Legal Education and English Legal Thought (1): Sources and Methods 5. English Legal Education and English Legal Thought (2): Academic Theories 6. Legal Institutions and Concepts in the Common Law (1): Persons and Things 7. Legal Institutions and Concepts in the Common Law (2): Causes of Action and Obligations Concluding Remarks Bibliography Index

Tibetan Buddhism is the most widely encountered and generally known Buddhist tradition in the world. From meditation classes to garden statues, from music and film to the popularity of the Dalai Lama, Introducing Tibetan Buddhism is the ideal starting point for students wishing to undertake a comprehensive study of the fascinating Tibetan Buddhist and Tibetan Bon religions. This lively introduction covers the whole spectrum of Tibetan religious history, from early Tibetan figures, and the development of the old and new schools of Buddhism, to the spread and influence of Tibetan Buddhism throughout the world. Geoffrey Samuel, an experienced teacher of Tibetan religions, introduces the major contemporary Buddhist traditions of Nyingmapa, Kagyupa, Sakyapa, Geluga and Bon, and the bodies of Tibetan textual material, including the writings of major lamas, and the relationship between the practical and textual transmission of the religion. Illustrated throughout, the book also includes text boxes, summary charts, a glossary and a list of further reading to aid students' understanding and revision. The accompanying website for this book can be found at www.routledge.com/textbooks/9780415456654.

Subtle-body practices are found particularly in Indian, Indo-Tibetan and East Asian societies, but have become increasingly familiar in Western societies, especially through the various healing and yogic techniques and exercises associated with them. This book explores subtle-body practices from a variety of perspectives, and includes both studies of these practices in Asian and Western contexts. The book discusses how subtle-body practices assume a quasi-material level of human existence that is intermediate between conventional concepts of body and mind. Often, this level is conceived of in terms of an invisible structure of channels, associated with the human body, through which flows of quasi-material substance take place. Contributors look at how subtle-body concepts form the basic explanatory structure for a wide range of practices. These include forms of healing, modes of exercise and martial arts as well as religious practices aimed at the refinement and transformation of the human mindbody complex. By highlighting how subtle-body practices of many kinds have been introduced into Western societies in recent years, the book explores the possibilities for new models of understanding which these concepts open up. It is a useful contribution to studies on Asian Religion and Philosophy.

?'Rethinking?' legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning? At a more specific level the pursuit of this understanding is conducted through posing a number of questions that are founded on different approaches. What has legal reasoning been? What are the institutional and conceptual legacies of this history? What is the literature and textual heritage? How does it compare with medical reasoning and with reasoning in the humanities? Can it be demystified? In exploring these questions Samuel suggests a number of frameworks that offer some new insights into the nature of legal reasoning. The author also puts forward two key ideas. First, that the legal notion of an '?interest?' might perhaps be a very suitable artefact for rethinking legal reasoning; and, secondly, that fiction theory might be the most viable ?'epistemological attitude?' for understanding, if not rethinking, reasoning in law. This book will be of great interest to academics who are researching legal method and legal reasoning, as well as epistemology of the social sciences and aspects of comparative law. It will also be an insightful text for those interested in legal history and historical perspectives on legal reasoning.

Concerned with the aspects of human behaviour which have been traditionally described as cultural or social, the author draws on his background in physics to suggest a scientific approach involving a reconceptualization of many of our assumed concepts. Are culture, society and similar concepts from anthropology and sociology of any real use in making sense of human social life? How can we understand the relationship between the social group and the individual human beings, with their self-awareness and sense of personal identity, who make it up? Drawing on his background in physics, Dr Samuel suggests a scientific approach involving a reconceptualization of many of the concepts we take for granted. The multimodal framework, or MMF, derives from this approach. It incorporates many of the insights of social and cultural anthropology, particularly the work of Gregory Bateson and Victor Turner, as well as being influenced by recent developments in the philosophy of science and related fields. Finally, the book considers some of the implications of the MMF for biological approaches, and focuses on questions of brain structure and on evolutionary explanations for human social behaviour.

This book examines the notion of a law of obligations as a conceptual category in itself; and, in doing this, it presents the foundational material in a context that draws on some comparative and theoretical ideas while, at the same time, emphasising the special characteristics of the common law. The book is specifically designed to act as an introduction to the legal research skills of reasoning and method. It also looks at the foundations of civil liability in a way that emphasises the interrelationship of source materials, problem solving and conceptual analysis and justification.

This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.

Hariti is the ancient Indian goddess of childbirth and women healers, known at one time throughout South and Southeast Asia from India to Nepal and Bali. Daughters of Hariti looks at her 'daughters' today, female midwives and healers in many different cultures across the region. It also traces the transformation of childbirth in these cultures under the impact of Western biomedical technology, national and international health policies and the wider factors of social and economic change. The authors ask what can be done to improve the high rates of maternal and infant deaths and illnesses still associated with childbirth in most societies in this area and whether the wholesale replacement of indigenous knowledge by Western biomedical technology is necessarily a good thing.

Subtle-body practices are found particularly in Indian, Indo-Tibetan and East Asian societies, but have become increasingly familiar in Western societies, especially through the various healing and yogic techniques and exercises associated with them. This book explores subtle-body practices from a variety of perspectives, and includes both studies of these practices in Asian and Western contexts.

The book discusses how subtle-body practices assume a quasi-material level of human existence that is intermediate between conventional concepts of body and mind. Often, this level is conceived of in terms of an invisible structure of channels, associated with the human body, through which flows of quasi-material substance take place. Contributors look at how subtle-body concepts form the basic explanatory structure for a wide range of practices. These include forms of healing, modes of exercise and martial arts as well as religious practices aimed at the refinement and transformation of the human mindbody complex.

By highlighting how subtle-body practices of many kinds have been introduced into Western societies in recent years, the book explores the possibilities for new models of understanding which these concepts open up. It is a useful contribution to studies on Asian Religion and Philosophy.

This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.

Contents:
List of illustrations. Introduction. 1. The Daughters of Hariti Today Geoffrey Samuel Part 1: South Asia. 2. "We Know How to Do These Things": Birth in a Newar Village 3. Knowing All the Gods: Grandmothers, God Families, and Women Healers in Nepal Linda Iltis 4. Contaminating States: Midwifery, Childbearing and the State in Rural North India Patricia Jeffrey, Roger Jeffrey and Andrew Lyon 5. Midwives and Other Women; Agency, Emotions and the Politics of Healing in Rajasthan, North West India Maya Unnithan-Kumar 6. The Healer on the Margins: The Dai in Rural Bangladesh Santi Rozario 7. Hawa, Gola and Mother-in-Law's Big Toe: On Understanding Dais' Imagery of the Female Body Janet Chawlan 8. "Baby-Friendly" Hospitals and Bad Mothers: Maneuvring Development in the Post-Partum Period in Tamilnadu, South India Cecilia Van Hollen 9. Tibetan and Indian Ideas of Birth Pollution: Similarities and Contrasts Santi Rozario and Geoffrey Samuel Part 2: Southeast Asia. 10. Birth Attendants in Northeast Thailand: Embodying Tradition in Modern Times Andrea Whitaker 11. Childbirth and Traditional Healing in an Iban Longhouse Amanda Harris 12. Of Paraji and Bidan: Hierarchies of Knowledge among Sudanese Midwives Lynda Newland 13. Adat and Modernity: Confinement in a Sasak Government Clinic Cynthia Hunter Index. About the Editors and Contributors

This book examines the notion of a law of obligations as a conceptual category in itself; and, in doing this, it presents the foundational material in a context that draws on some comparative and theoretical ideas while, at the same time, emphasising the special characteristics of the common law.

The book is specifically designed to act as an introduction to the legal research skills of reasoning and method. It also looks at the foundations of civil liability in a way that emphasises the interrelationship of source materials, problem solving and conceptual analysis and justification.

Tantric Revisionings presents stimulating new perspectives on Hindu and Buddhist religion, particularly their Tantric versions, in India, Tibet or in modern Western societies. Geoffrey Samuel adopts an historically and textually informed anthropological approach, seeking to locate and understand religion in its social and cultural context. The question of the relation between 'popular' (folk, domestic, village, 'shamanic') religion and elite (literary, textual, monastic) religion forms a recurring theme through these studies. Six chapters have not been previously published; the previously published studies included are in publications which are difficult to locate outside major specialist libraries.

This comprehensive book presents the English law of contract and tort in the context of a European law of obligations.Law of Obligations provides the reader with an overview of contract and tort as well as an introduction to the law of obligations in the civil (or continental) law tradition. The book is considered an extensive introduction to the western law of obligations, but with an emphasis on English law. Arising out of the analysis of the two legal traditions, Geoffrey Samuel raises questions about the appropriateness of importing the obligations category into the common law. He also highlights what has been termed the ?harmonisation debate?; should the law of obligations be harmonised at a European ? or even international level? The debate raises some fundamental issues not just about legal traditions and about the law of obligations itself, but also about comparative law theory and methodology.Designed with English law students and jurists in mind, this book will be an invaluable tool for researching contract, tort and the law of obligations. It is an original contribution not only to European private law but equally to comparative legal studies.

Tantric Revisionings presents stimulating new perspectives on Hindu and Buddhist religion, particularly their Tantric versions, in India, Tibet or in modern Western societies. Geoffrey Samuel adopts an historically and textually informed anthropological approach, seeking to locate and understand religion in its social and cultural context. The question of the relation between 'popular' (folk, domestic, village, 'shamanic') religion and elite (literary, textual, monastic) religion forms a recurring theme through these studies. Six chapters have not been previously published; the previously published studies included are in publications which are difficult to locate outside major specialist libraries.

What is the current state of traditional healing practices in contemporary Asian societies? How are their practitioners faring in the encounter with Western science and its biomedical approach? How are traditional healing practices being transformed by the politics of health within the modern nation-state and by the processes of commodification typical of modern economies? How do patients in Asian societies see the various healing options now open to them?

The authors, all of whom are anthropologists, observe the clashes and complementarities between traditional therapies and biomedicine, which, in its many manifestations, is the dominant form of medicine supported by national governments, and is emblematic of the modernity to which they aspire. Some of the medical traditions, such as the sophisticated herbal-humoral systems of Tibetan medicine and Indian Ayurveda, are becoming well known in the West, both through scholarly study and through their increasing popularity with Western patients interested in their healing potential. This book adds a new dimension to their study, being focused unlike most previous writing on practice rather than textual tradition.

Concerned with the aspects of human behaviour which have been traditionally described as cultural or social, the author draws on his background in physics to suggest a scientific approach involving a reconceptualization of many of our assumed concepts. Are culture, society and similar concepts from anthropology and sociology of any real use in making sense of human social life? How can we understand the relationship between the social group and the individual human beings, with their self-awareness and sense of personal identity, who make it up? Drawing on his background in physics, Dr Samuel suggests a scientific approach involving a reconceptualization of many of the concepts we take for granted. The multimodal framework, or MMF, derives from this approach. It incorporates many of the insights of social and cultural anthropology, particularly the work of Gregory Bateson and Victor Turner, as well as being influenced by recent developments in the philosophy of science and related fields. Finally, the book considers some of the implications of the MMF for biological approaches, and focuses on questions of brain structure and on evolutionary explanations for human social behaviour.

Geoffrey Samuel's distinctive approach is to present the English common law in the light of its history and its dominant ideas. A student will learn not only what are the major rules of private law and civil law procedure, but will grasp the spirit of the common law. He will thus learn why they exist in a particular form and how common lawyers make them work. Civilian terms are used to provide a guide for the student from a civil law system to understand the initially strange terms and approaches of the common lawyer. This book is clear and insightful. It should be read particularly by Masters students and those embarking on a doctorate involving study of the common law.' - John Bell, Pembroke College, UK'To write a good introduction to the common law aimed mainly at civil lawyers is a real challenge. One needs not only to master the common law, its history and its sociological backgrounds, but also to understand how the prospective readers think in their own civilian legal systems. With his longstanding teaching activities in civil law countries, his obvious deep knowledge of the historical roots of civil and common law, Geoffrey Samuel offers here a book which should be pressed into every hands across the civil law world. Finally, we get here an introduction to the common law truly written for civilian lawyers and students, which is easy to understand and thoughtful. A brilliant piece for which the author should be praised.' - Pascal Pichonnaz, University of Fribourg, Switzerland 'Common law has remained enigmatic for lawyers from the civil law legal culture. This book presents a wonderfully compact introduction to the English common law and explains concisely why it is as it is today. Geoffrey Samuel offers insightful and scholarly first-rate representation of those characteristics which stand out for the civil law lawyer. Clarifying and supporting diagrams are especially helpful for non-common law lawyers. Samuel's A Short Introduction to the Common Law is highly recommended for anyone looking for clear and fluently written basic insight into the common law and its historical foundation.' - Jaakko Husa, University of Lapland, Finland This book provides a short, accessible introduction to the English common law tradition, in particular to the civil process. It adopts an approach which explains the historical development of the common law institutions and procedures whilst also setting them in perspective through a comparative outlook. Aspects of the common law are contrasted on occasions with structural or functional equivalents (or near equivalents) in the civil law. The key topics covered include: the English civil courts (and other dispute resolution institutions and alternatives), civil procedure, remedies, sources of law, legal reasoning, legal education, legal theories, legal institutions and concepts and legal categories. In addition to textual description and analysis, the book makes frequent use of visual diagrams to explain and to illustrate aspects of the common law. Providing both an overview of the English common law and an insight into the legal mentality of common lawyers, the book will appeal both to first year law students as well as to continental jurists who are investigating the common law for the first time. Contents: Preface Introduction 1. Development of the English Courts 2. Development of the English Procedural Tradition 3. English Law Remedies 4. English Legal Education and English Legal Thought (1): Sources and Methods 5. English Legal Education and English Legal Thought (2): Academic Theories 6. Legal Institutions and Concepts in the Common Law (1): Persons and Things 7. Legal Institutions and Concepts in the Common Law (2): Causes of Action and Obligations Concluding Remarks Bibliography Index

This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law and to academics entering the field of comparison. The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory programme in Brussels but also on other programmes in French, Belgian and English universities. It is arguable that there has been to date no single introductory work exclusively devoted to comparative law methodology and thus this present book aims to fill this gap.