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Natural Law and Comparative Law

Natural Law and Comparative Law

Author: Russell Wilcox; Anthony Carty
Publisher: Wildy, Simmonds and Hill Publishing
ISBN: 9780854901548
Published In: January 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

RM666.90

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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.

In consequence, although the disciplines of natural law and comparative law have long tended to be treated as essentially immiscible, there is reason to believe 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.

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-Ghazālī’s Al-Mustaṣfā min‘ilm al-uṣūl (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