Comparative Law
Comparative Law

Author: Uwe Kischel

Publisher: Oxford University Press

Published: 2019-02-21

Total Pages: 1099

ISBN-13: 0192508873

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Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and takes a practical perspective on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France, and extended to Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), different contexts in Asia, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.

From Fire To Light
From Fire To Light

Author: Arvind Sharma

Publisher: Harper Collins

Published: 2024-04-20

Total Pages: 420

ISBN-13: 9394407375

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'To write on the Manusmriti is to play with fire! This statement is not merely metaphorical; the Manusmriti has a history of being literally torched. But where there is fire, there is also the possibility of light.' Why yet another book on the Manusmriti? In From Fire to Light, acclaimed academic Arvind Sharma argues that the present understanding of the Manusmriti - regarded as a text designed by the higher castes, especially brahmanas, to oppress the lower castes and women - only tells one side of the story. As he demonstrates, this perception, when examined against textual, commentarial and historical evidence, is limited to the point of being misleading (and sometimes downright wrong). Providing an alternative reading of the Manusmriti, From Fire to Light accepts some of the conclusions associated with the existing interpretation but presents them in a new light, mitigating and at times contradicting some of its other features. In taking the plural character of the Hindu tradition and the Manusmriti's historical context more deeply into account, it brings about a paradigm shift in our understanding of this ancient text. The Manusmriti emerges as an attempt at social engineering, but of a rather different kind than imagined till now.