Administrative / Constitutional Law Comparative Law Others

Natural Law and Comparative Law

Edited by Russell Wilcox · Anthony Carty
Wildy, Simmonds and Hill Publishing January 2015

Specifications

ISBN-13
9780854901548
Publisher
Wildy, Simmonds and Hill Publishing
Publication
January 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

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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.

Table of Contents

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
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