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Reprint of the original, first published in 1876.
Leading scholars in the social sciences come together to consider the achievement of Sir Henry Maine.
This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
Stephens argues that encounters between Islam and British colonial rule in South Asia were fundamental to the evolution of modern secularism.
Austin was an towering presence in 19th-century English jurisprudence, and many of his ideas remain viable today. They include his conception of analytical jurisprudence, his sharp distinction between law and morality, and his utilitarian theory of resistance to government. Yet he has always had his critics and they have become ever shriller in the last 50 years. If it is not a requirement of political correctness to belittle his ideas, the tendency to do so is widespread. Critics often dismiss Austin with a wave of the hand, or reduce his jurisprudence to a few of his ideas, such as his conception of law as a command or his notion of a legally unlimited sovereign. Whatever approach is taken, Austin's doctrines tend to be abstracted from their historical context and vastly oversimplified. For example, the utilitarian ethical theories that he expounded in three of the six chapters of the only book that he published in his lifetime are usually ignored. Accordingly, there has been a failure to recognize the complexity and inner tensions of his legal philosophy. There is not one John Austin, but at least half-a-dozen. Nothing makes this clearer than the diverse responses to his work in the 19th century. Wilfrid E. Rumble's study thus fills a large gap in the literature about this important figure. It will be of substantial interest not only to historians of ideas, law, and the 19th century, but also to jurists, legal philosophers, and political theorists.