Full Description
This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia.
For each region, the book first provides historical and political context. Next, it discusses major milestones in the region's legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed.
The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book's closingsection examines tribal societies, e.g. Mongols, Pashtuns and Malays.
Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.
Contents
Introduction.- Part I: The Ancient Near Eastern Legal Circle.- Chapter 1. Law in The Ancient Middle East.- Chapter 2. Jewish Law.- Chapter 3. Persian Law.- Chapter 4. The Laws of Eastern Christianity.- Part II: Islamic Legal Circle.- Chapter 5. Arabia Before The Advent Of Islam.- Chapter 6. Classical Islamic Law.- Part III: The Indian Legal Circle.- Chapter 7. Hindu Law.- Chapter 8. Laws of Buddhist Societies.- Part IV. The Chinese Legal Circle.- Chpater 9. Chinese Law.- Chapter 10. Societies under Chinese Legal Influence.- Chapter 11. Japanese Law.- Part V. Customary Laws.- Chapter 12. Peculiarities of Customary Laws.- Chapter 13. Customary Laws of the Mongol-Turkish Peoples.- Chapter 14. Customary Laws in Muslim Societies.- Chapter 15. Customary Laws in Southeast Asia.- Conclusion.
