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This book discusses a number of important themes in comparative
law: legal metaphors and methodology, the movements of legal ideas
and institutions and the mixity they produce, and marriage, an area
of law in which culture - or clashes of legal and public cultures -
may be particularly evident. In a mix of methodological and
empirical investigations divided by these themes, the work offers
expanded analyses and a unique cross-section of materials that is
on the cutting edge of comparative law scholarship. It presents an
innovative approach to legal pluralism, the study of mixed
jurisdictions, and language and the law, with the use of metaphors
not as an illustration but as a core element of comparative
methodology.
While Irish historical writing has long been in thrall to the
perceived sectarian character of the legal system, this collection
is the first to concentrate attention on the actual relationship
that existed between the Irish population and the state under which
they lived from the War of the Two Kings (1689-1691) to the Great
Famine (1845-1849). Particular attention is paid to an
understanding of the legal character of the state and the reach of
the rule of law, with contributors addressing such themes as: how
law was made and put into effect; how ordinary people experienced
the law and social regulations; how Catholics related to the legal
institutions of the Protestant confessional state; and how popular
notions of legitimacy were developed. These themes contribute to a
wider understanding of the nature of the state in the long
eighteenth century and will therefore help to situate the study of
Irish society into the mainstream of English and European social
history.
Debates surrounding the concept of law are not new. For a wide
variety of reasons and in a wide variety of ways, the meaning of
'law' has long been an important part of Western thought, both
within legal scholarship and beyond. The contributors to Concepts
of Law are international experts from the fields of comparative
law, legal philosophy, and the social sciences. Combining
theoretical analyses with case studies, they explore various legal
concepts and contexts from diverse national and disciplinary
perspectives. Legal and normative pluralism is a theme throughout.
Some chapters discuss the development of state law and legal
systems. Others wrestle with law's rhetoric and the potential
utility of alternative vocabularies, e.g., 'governance' and
'governmentality'. Others reveal the rich polyjurality of the
present, from the local to the global. The result is a rich picture
of both present scholarship on laws and norms and the state of
contemporary legal complexity, each crossing traditional
boundaries.
Debates surrounding the concept of law are not new. For a wide
variety of reasons and in a wide variety of ways, the meaning of
'law' has long been an important part of Western thought, both
within legal scholarship and beyond. The contributors to Concepts
of Law are international experts from the fields of comparative
law, legal philosophy, and the social sciences. Combining
theoretical analyses with case studies, they explore various legal
concepts and contexts from diverse national and disciplinary
perspectives. Legal and normative pluralism is a theme throughout.
Some chapters discuss the development of state law and legal
systems. Others wrestle with law's rhetoric and the potential
utility of alternative vocabularies, e.g., 'governance' and
'governmentality'. Others reveal the rich polyjurality of the
present, from the local to the global. The result is a rich picture
of both present scholarship on laws and norms and the state of
contemporary legal complexity, each crossing traditional
boundaries.
This book discusses a number of important themes in comparative
law: legal metaphors and methodology, the movements of legal ideas
and institutions and the mixity they produce, and marriage, an area
of law in which culture - or clashes of legal and public cultures -
may be particularly evident. In a mix of methodological and
empirical investigations divided by these themes, the work offers
expanded analyses and a unique cross-section of materials that is
on the cutting edge of comparative law scholarship. It presents an
innovative approach to legal pluralism, the study of mixed
jurisdictions, and language and the law, with the use of metaphors
not as an illustration but as a core element of comparative
methodology.
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