Elena A. Iankova and Peter J. Katzenstein
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199257409
- eISBN:
- 9780191600951
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019925740X.003.0013
- Subject:
- Political Science, European Union
Provides an account of the status of the enlargement process in the EU, both in the candidate countries and in terms of institutional changes at the EU level. In particular, it argues that European ...
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Provides an account of the status of the enlargement process in the EU, both in the candidate countries and in terms of institutional changes at the EU level. In particular, it argues that European enlargement is a combination of ‘institutional and political hypocrisy’. While political hypocrisy is the result of the purposeful strategy of specific actors that wilfully disobey EU law, institutional hypocrisy results from involuntary non‐compliance due to the lack of capacity or clarity; both have been a systemic feature of legal integration and a major driving force of the European constitutionalization process. However, as the heterogeneity of the EU member states increases, enlargement may well lead to a substantial erosion of the legal and policy coherence of the EU. The first section of the chapter discusses the problem of non‐compliance, the second characterizes the European polity as resulting from the enmeshment of the process of Europe's legal integration with different national legal systems, the third and fourth sections discuss the southern and eastern enlargements of the EU, and the fifth section concludes by pointing to differences in national legal traditions that make institutional and political hypocrisy a systemic outcome of the process of European enlargement.Less
Provides an account of the status of the enlargement process in the EU, both in the candidate countries and in terms of institutional changes at the EU level. In particular, it argues that European enlargement is a combination of ‘institutional and political hypocrisy’. While political hypocrisy is the result of the purposeful strategy of specific actors that wilfully disobey EU law, institutional hypocrisy results from involuntary non‐compliance due to the lack of capacity or clarity; both have been a systemic feature of legal integration and a major driving force of the European constitutionalization process. However, as the heterogeneity of the EU member states increases, enlargement may well lead to a substantial erosion of the legal and policy coherence of the EU. The first section of the chapter discusses the problem of non‐compliance, the second characterizes the European polity as resulting from the enmeshment of the process of Europe's legal integration with different national legal systems, the third and fourth sections discuss the southern and eastern enlargements of the EU, and the fifth section concludes by pointing to differences in national legal traditions that make institutional and political hypocrisy a systemic outcome of the process of European enlargement.
Kristine Kalanges
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199859467
- eISBN:
- 9780199933518
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199859467.001.0001
- Subject:
- Law, Public International Law, Comparative Law
This book argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and ...
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This book argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories. The book suggests that while divergence between the two bodies of law challenges the characterization of religious liberty as a universal human right, the “dilemma of religious freedom”—the difficult choice between the universality of religious liberty rights and peaceful co-existence of diverse legal cultures—may yet be transformed through the cultivation of a world legal tradition. This argument is advanced through comparative analysis of human rights instruments from the Western and Muslim worlds, with attention to the legal-political processes by which religious and philosophical ideas have been institutionalized.Less
This book argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories. The book suggests that while divergence between the two bodies of law challenges the characterization of religious liberty as a universal human right, the “dilemma of religious freedom”—the difficult choice between the universality of religious liberty rights and peaceful co-existence of diverse legal cultures—may yet be transformed through the cultivation of a world legal tradition. This argument is advanced through comparative analysis of human rights instruments from the Western and Muslim worlds, with attention to the legal-political processes by which religious and philosophical ideas have been institutionalized.
Anthony Ferner, Michael Morley, Michael Muller-Camen, and Lourdes Susaeta
- Published in print:
- 2006
- Published Online:
- September 2007
- ISBN:
- 9780199274635
- eISBN:
- 9780191706530
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199274635.003.0008
- Subject:
- Business and Management, HRM / IR
Workforce diversity is a defining issue of international HR policy transfer in US multinationals. Demographic characteristics, socio-political developments, and the evolution of the legal framework ...
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Workforce diversity is a defining issue of international HR policy transfer in US multinationals. Demographic characteristics, socio-political developments, and the evolution of the legal framework have created a distinctive constellation of diversity agendas in the US. This chapter explores the way in which these agendas were transferred by US companies to their subsidiaries, in host business systems with varying demographic patterns and legal traditions that were not necessarily consonant with American diversity practice. The case studies reveal that there was a frequent lack of fit between the diversity agendas of US multinationals and host-country institutional frameworks, provoking considerable resistance from subsidiaries. However, there was considerable variation in subsidiary responses to diversity, partly explained by structural factors, such as the degree of international integration of operations, and partly by the more contingent strategic and political choices of actors at different levels of the multinational.Less
Workforce diversity is a defining issue of international HR policy transfer in US multinationals. Demographic characteristics, socio-political developments, and the evolution of the legal framework have created a distinctive constellation of diversity agendas in the US. This chapter explores the way in which these agendas were transferred by US companies to their subsidiaries, in host business systems with varying demographic patterns and legal traditions that were not necessarily consonant with American diversity practice. The case studies reveal that there was a frequent lack of fit between the diversity agendas of US multinationals and host-country institutional frameworks, provoking considerable resistance from subsidiaries. However, there was considerable variation in subsidiary responses to diversity, partly explained by structural factors, such as the degree of international integration of operations, and partly by the more contingent strategic and political choices of actors at different levels of the multinational.
Joseph Blenkinsopp
- Published in print:
- 1995
- Published Online:
- March 2012
- ISBN:
- 9780198755036
- eISBN:
- 9780191695131
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198755036.003.0004
- Subject:
- Religion, Biblical Studies, Judaism
This chapter traces the development of Israel's legal tradition. It covers law in early Israel, the Covenant Code, the Decalogue, and Deuteronomy.
This chapter traces the development of Israel's legal tradition. It covers law in early Israel, the Covenant Code, the Decalogue, and Deuteronomy.
Dana Zartner
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199362103
- eISBN:
- 9780199362127
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199362103.003.0006
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
Largely due to colonialism, many states today are not guided by a single legal tradition but rather a mixture of legal traditions emerging out of varied, and sometimes conflicting, histories. Using ...
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Largely due to colonialism, many states today are not guided by a single legal tradition but rather a mixture of legal traditions emerging out of varied, and sometimes conflicting, histories. Using India and Kenya as case studies, this chapter considers how the intertwining of multiple legal traditions affects the development of the institutional and cultural characteristics that facilitate or hinder internalization of international law. India has a mixed tradition incorporating the Hindu legal tradition, the Islamic legal tradition, and elements of the common law tradition of the British who ruled India prior to independence. Kenya has a legal tradition which includes customary law, Islamic law, and common law. This chapter examines how policy toward international law is formed when there are multiple legal influences, and how states with multiple traditions reconcile differing cultural perceptions of the role of law and attitudes about appropriate standards of behavior.Less
Largely due to colonialism, many states today are not guided by a single legal tradition but rather a mixture of legal traditions emerging out of varied, and sometimes conflicting, histories. Using India and Kenya as case studies, this chapter considers how the intertwining of multiple legal traditions affects the development of the institutional and cultural characteristics that facilitate or hinder internalization of international law. India has a mixed tradition incorporating the Hindu legal tradition, the Islamic legal tradition, and elements of the common law tradition of the British who ruled India prior to independence. Kenya has a legal tradition which includes customary law, Islamic law, and common law. This chapter examines how policy toward international law is formed when there are multiple legal influences, and how states with multiple traditions reconcile differing cultural perceptions of the role of law and attitudes about appropriate standards of behavior.
Dana Zartner
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199362103
- eISBN:
- 9780199362127
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199362103.003.0002
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
Chapter 2 explores in detail the novel cultural-institutional theory developed in this book. After a review of the literature on state compliance with international law in the fields of international ...
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Chapter 2 explores in detail the novel cultural-institutional theory developed in this book. After a review of the literature on state compliance with international law in the fields of international law and international relations, the chapter highlights the omissions in existing studies which either do not consider legal tradition at all or do so primarily in the context of legal institutions. In this book, legal tradition is defined as including both cultural and institutional components which can facilitate or hinder internalization of international law, thereby shaping state policy. Legal tradition also shapes state interests by setting the parameters in which policymakers act. The more closely the cultural and institutional attributes of a legal tradition align with the characteristics and purposes of international law, the more easily international law will be internalized and the more favorable state policy will be towards international law.Less
Chapter 2 explores in detail the novel cultural-institutional theory developed in this book. After a review of the literature on state compliance with international law in the fields of international law and international relations, the chapter highlights the omissions in existing studies which either do not consider legal tradition at all or do so primarily in the context of legal institutions. In this book, legal tradition is defined as including both cultural and institutional components which can facilitate or hinder internalization of international law, thereby shaping state policy. Legal tradition also shapes state interests by setting the parameters in which policymakers act. The more closely the cultural and institutional attributes of a legal tradition align with the characteristics and purposes of international law, the more easily international law will be internalized and the more favorable state policy will be towards international law.
Dana Zartner
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199362103
- eISBN:
- 9780199362127
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199362103.001.0001
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
This book considers the manner in which a state’s domestic legal tradition shapes policy towards international human rights and environmental law. Building on existing studies exploring state ...
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This book considers the manner in which a state’s domestic legal tradition shapes policy towards international human rights and environmental law. Building on existing studies exploring state compliance with international law, this book presents a novel cultural-institutional theory of legal tradition to explain state policies toward international legal norms. A state’s legal tradition-the cultural and institutional factors that shape attitudes about the law, appropriate standards of behavior, and the legal process-is the key mechanism by which international law becomes recognized, accepted, and internalized in the domestic legal framework. This book examines how these characteristics of legal culture and legal institutions present within a state’s domestic legal tradition facilitate or hinder the internalization of international law and, subsequently, shape state policy. To test this theory, a series of comparative case studies are presented, which fall under five of the main legal traditions in the world today. The five legal traditions and the states examined within each are common law (United States and Australia), civil law (Germany and Turkey), Islamic law (Egypt and Saudi Arabia), mixed traditions (India and Kenya), and East Asian law (China and Japan). The book addresses a number of different themes, including the differences among legal traditions as well as between states within the same tradition; the important role that legal culture and history play in shaping contemporary attitudes about law; and similarities and differences in state policy towards human rights law versus environmental law.Less
This book considers the manner in which a state’s domestic legal tradition shapes policy towards international human rights and environmental law. Building on existing studies exploring state compliance with international law, this book presents a novel cultural-institutional theory of legal tradition to explain state policies toward international legal norms. A state’s legal tradition-the cultural and institutional factors that shape attitudes about the law, appropriate standards of behavior, and the legal process-is the key mechanism by which international law becomes recognized, accepted, and internalized in the domestic legal framework. This book examines how these characteristics of legal culture and legal institutions present within a state’s domestic legal tradition facilitate or hinder the internalization of international law and, subsequently, shape state policy. To test this theory, a series of comparative case studies are presented, which fall under five of the main legal traditions in the world today. The five legal traditions and the states examined within each are common law (United States and Australia), civil law (Germany and Turkey), Islamic law (Egypt and Saudi Arabia), mixed traditions (India and Kenya), and East Asian law (China and Japan). The book addresses a number of different themes, including the differences among legal traditions as well as between states within the same tradition; the important role that legal culture and history play in shaping contemporary attitudes about law; and similarities and differences in state policy towards human rights law versus environmental law.
Anver M Emon
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199641444
- eISBN:
- 9780191741104
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199641444.003.0003
- Subject:
- Law, Human Rights and Immigration, Comparative Law
This chapter presents an introduction to Islamic law. Section A begins by discussing the basic themes in Islamic law; it provides an overview of the received narrative of the legal tradition, by ...
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This chapter presents an introduction to Islamic law. Section A begins by discussing the basic themes in Islamic law; it provides an overview of the received narrative of the legal tradition, by which is meant the history of the legal tradition as encapsulated by leading scholarly research in the twentieth and twenty-first centuries. Section B moves beyond the premodern tradition as outlined in Section A and brings the narrative into the modern period. It shows show how the shifts in governance frameworks that came with the era of European colonialism and the modern state system has drastically altered the substance and authority of Islamic law in contemporary legal systems. Section C offers an intervention to the received narrative of Islamic law in the premodern and modern periods by recasting it in a different thematic frame, namely Shari'a as rule of law. Section D concludes by explicating how the proposed systemic approach to Islamic law allows us to appreciate the way in which it (and human rights law) are embedded in different systems of governance, and co-exist with multiple traditions that contribute to the way in which society is governed.Less
This chapter presents an introduction to Islamic law. Section A begins by discussing the basic themes in Islamic law; it provides an overview of the received narrative of the legal tradition, by which is meant the history of the legal tradition as encapsulated by leading scholarly research in the twentieth and twenty-first centuries. Section B moves beyond the premodern tradition as outlined in Section A and brings the narrative into the modern period. It shows show how the shifts in governance frameworks that came with the era of European colonialism and the modern state system has drastically altered the substance and authority of Islamic law in contemporary legal systems. Section C offers an intervention to the received narrative of Islamic law in the premodern and modern periods by recasting it in a different thematic frame, namely Shari'a as rule of law. Section D concludes by explicating how the proposed systemic approach to Islamic law allows us to appreciate the way in which it (and human rights law) are embedded in different systems of governance, and co-exist with multiple traditions that contribute to the way in which society is governed.
Louis Blom-Cooper QC, Brice Dickson, and Gavin Drewry (eds)
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199532711
- eISBN:
- 9780191705489
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199532711.001.0001
- Subject:
- Law, Legal History
The House of Lords has served as the highest court in the UK for over 130 years. In 2009, a new UK Supreme Court will take over its judicial functions, closing the doors on one of the most ...
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The House of Lords has served as the highest court in the UK for over 130 years. In 2009, a new UK Supreme Court will take over its judicial functions, closing the doors on one of the most influential legal institutions in the world, and a major chapter in the history of the UK legal system. This book gathers over forty leading scholars and practitioners from the UK and beyond to provide a history of the House of Lords as a judicial institution, charting its role, working practices, reputation, and impact on the law and UK legal system. The book examines the origins of the House's judicial work; the different phases in the court's history; the international reputation and influence of the House in the legal profession; the domestic perception of the House outside the law; and the impact of the House on the UK legal tradition and substantive law.Less
The House of Lords has served as the highest court in the UK for over 130 years. In 2009, a new UK Supreme Court will take over its judicial functions, closing the doors on one of the most influential legal institutions in the world, and a major chapter in the history of the UK legal system. This book gathers over forty leading scholars and practitioners from the UK and beyond to provide a history of the House of Lords as a judicial institution, charting its role, working practices, reputation, and impact on the law and UK legal system. The book examines the origins of the House's judicial work; the different phases in the court's history; the international reputation and influence of the House in the legal profession; the domestic perception of the House outside the law; and the impact of the House on the UK legal tradition and substantive law.
RONEN REICHMAN
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780197264744
- eISBN:
- 9780191734663
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264744.003.0008
- Subject:
- History, Middle East History
This chapter examines the reliability of using the tosefta for historical research. It explains that the tosefta is a compilation of early rabbinic legal traditions which date from the first to the ...
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This chapter examines the reliability of using the tosefta for historical research. It explains that the tosefta is a compilation of early rabbinic legal traditions which date from the first to the early third century CE. It discusses the different manuscripts, editions and translations of the tosefta. It concludes that the narratives or case stories in the tosefta possess significance for historical research and their relevance ranges from an increased understanding of the daily life of the Jews in Palestine and the activity of the rabbis in society to the more precise determination of their power and position within society.Less
This chapter examines the reliability of using the tosefta for historical research. It explains that the tosefta is a compilation of early rabbinic legal traditions which date from the first to the early third century CE. It discusses the different manuscripts, editions and translations of the tosefta. It concludes that the narratives or case stories in the tosefta possess significance for historical research and their relevance ranges from an increased understanding of the daily life of the Jews in Palestine and the activity of the rabbis in society to the more precise determination of their power and position within society.
Debin Ma and Jan Luiten van Zanden (eds)
- Published in print:
- 2011
- Published Online:
- June 2013
- ISBN:
- 9780804772730
- eISBN:
- 9780804777612
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804772730.001.0001
- Subject:
- Economics and Finance, Development, Growth, and Environmental
Recently, a growing body of work on “law and finance” and “legal origins” has highlighted the role of formal legal institutions in shaping financial institutions. However, these writings have focused ...
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Recently, a growing body of work on “law and finance” and “legal origins” has highlighted the role of formal legal institutions in shaping financial institutions. However, these writings have focused largely on Europe, neglecting important non-Western traditions that prevail in a large part of the world. This book brings together a group of leading scholars from economics, economic history, law, and area studies to develop a unique, global and, long-term perspective on the linkage between law and economic change. Covering the regions of Western Europe, East and South Asia, and the Middle East, the chapters explore major themes regarding the nature and evolution of different legal regimes; their relationship with the state or organized religion; the definition and interpretation of ownership and property rights; the functioning of courts, and other mechanisms for dispute resolution and contract enforcement; and the complex dynamics of legal transplantations through processes such as colonization. The text makes clear that the development of legal traditions and institutions—as embodiments of cultural values and norms—exerts a strong effect on long-term economic change. And it demonstrates that a good understanding of legal origins around the world enriches any debate about Great Divergence in the early modern era, as well as development and underdevelopment in 19th–20th-century Eurasia.Less
Recently, a growing body of work on “law and finance” and “legal origins” has highlighted the role of formal legal institutions in shaping financial institutions. However, these writings have focused largely on Europe, neglecting important non-Western traditions that prevail in a large part of the world. This book brings together a group of leading scholars from economics, economic history, law, and area studies to develop a unique, global and, long-term perspective on the linkage between law and economic change. Covering the regions of Western Europe, East and South Asia, and the Middle East, the chapters explore major themes regarding the nature and evolution of different legal regimes; their relationship with the state or organized religion; the definition and interpretation of ownership and property rights; the functioning of courts, and other mechanisms for dispute resolution and contract enforcement; and the complex dynamics of legal transplantations through processes such as colonization. The text makes clear that the development of legal traditions and institutions—as embodiments of cultural values and norms—exerts a strong effect on long-term economic change. And it demonstrates that a good understanding of legal origins around the world enriches any debate about Great Divergence in the early modern era, as well as development and underdevelopment in 19th–20th-century Eurasia.
William Chester Jordan
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691164953
- eISBN:
- 9781400866397
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691164953.001.0001
- Subject:
- History, World Medieval History
At the height of the Middle Ages, a peculiar system of perpetual exile— or abjuration—flourished in western Europe. It was a judicial form of exile, not political or religious, and it was meted out ...
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At the height of the Middle Ages, a peculiar system of perpetual exile— or abjuration—flourished in western Europe. It was a judicial form of exile, not political or religious, and it was meted out to felons for crimes deserving of severe corporal punishment or death. This book explores the lives of these men and women who were condemned to abjure the English realm, and draws on their unique experiences to shed light on a medieval legal tradition until now very poorly understood. The book weaves an historical tapestry, examining the judicial and administrative processes that led to the abjuration of more than seventy-five thousand English subjects, and recounting the astonishing journeys of the exiles themselves. Some were innocents caught up in tragic circumstances, but many were hardened criminals. Almost every English exile departed from the port of Dover, many bound for the same French village, a place called Wissant. The book vividly describes what happened when the felons got there, and tells the stories of the few who managed to return to England, either illegally or through pardons. The book provides new insights into a fundamental pillar of medieval English law and shows how it collapsed amid the bloodshed of the Hundred Years' War.Less
At the height of the Middle Ages, a peculiar system of perpetual exile— or abjuration—flourished in western Europe. It was a judicial form of exile, not political or religious, and it was meted out to felons for crimes deserving of severe corporal punishment or death. This book explores the lives of these men and women who were condemned to abjure the English realm, and draws on their unique experiences to shed light on a medieval legal tradition until now very poorly understood. The book weaves an historical tapestry, examining the judicial and administrative processes that led to the abjuration of more than seventy-five thousand English subjects, and recounting the astonishing journeys of the exiles themselves. Some were innocents caught up in tragic circumstances, but many were hardened criminals. Almost every English exile departed from the port of Dover, many bound for the same French village, a place called Wissant. The book vividly describes what happened when the felons got there, and tells the stories of the few who managed to return to England, either illegally or through pardons. The book provides new insights into a fundamental pillar of medieval English law and shows how it collapsed amid the bloodshed of the Hundred Years' War.
Debin Ma (ed.)
- Published in print:
- 2011
- Published Online:
- June 2013
- ISBN:
- 9780804772730
- eISBN:
- 9780804777612
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804772730.003.0003
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter examines the recent revisionist literature on Chinese legal tradition and argues that some subtle but fundamental differences between the Western and Chinese legal traditions are crucial ...
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This chapter examines the recent revisionist literature on Chinese legal tradition and argues that some subtle but fundamental differences between the Western and Chinese legal traditions are crucial for understanding the economic divergence in the modern era. It focuses on the comparative status of legal professionals or communities as a historical outcome of important differences in underlying political structures between China and England. It notes that the contrasts in legal regimes as revealed through the differential patterns of legal professions and jurisprudence in China and Western Europe directly impact the nature of these societies' property rights, contract enforcement, and ultimately their long-term growth trajectories.Less
This chapter examines the recent revisionist literature on Chinese legal tradition and argues that some subtle but fundamental differences between the Western and Chinese legal traditions are crucial for understanding the economic divergence in the modern era. It focuses on the comparative status of legal professionals or communities as a historical outcome of important differences in underlying political structures between China and England. It notes that the contrasts in legal regimes as revealed through the differential patterns of legal professions and jurisprudence in China and Western Europe directly impact the nature of these societies' property rights, contract enforcement, and ultimately their long-term growth trajectories.
Debin Ma and Jan Luiten van Zanden (eds)
- Published in print:
- 2011
- Published Online:
- June 2013
- ISBN:
- 9780804772730
- eISBN:
- 9780804777612
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804772730.003.0001
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter introduces the main themes of this volume, aiming to help in the interpretation of the complex and interactive relationship between law and economic growth. It argues that legal ...
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This chapter introduces the main themes of this volume, aiming to help in the interpretation of the complex and interactive relationship between law and economic growth. It argues that legal traditions in various parts of the world drew on very different cultural concepts about family, property, authority, religion, and property rights, which were filtered or converted by different power structures and social groups into operational legal rules and procedures that had long-lasting consequences on the long-term economic trajectories for different civilizations. It also notes that cultural and historical differences do exist and that these matter for long-term economic change.Less
This chapter introduces the main themes of this volume, aiming to help in the interpretation of the complex and interactive relationship between law and economic growth. It argues that legal traditions in various parts of the world drew on very different cultural concepts about family, property, authority, religion, and property rights, which were filtered or converted by different power structures and social groups into operational legal rules and procedures that had long-lasting consequences on the long-term economic trajectories for different civilizations. It also notes that cultural and historical differences do exist and that these matter for long-term economic change.
Dana Zartner
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199362103
- eISBN:
- 9780199362127
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199362103.003.0001
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
Chapter 2 introduces the overall thesis of this book that domestic law and international law are inextricably linked, and a state’s legal tradition shapes policy toward international law. In this ...
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Chapter 2 introduces the overall thesis of this book that domestic law and international law are inextricably linked, and a state’s legal tradition shapes policy toward international law. In this chapter, concepts such as legal tradition and internalization are introduced in the context of a number of examples. Additionally, this chapter provides a brief history of the importance of international law for a comprehensive understanding of state behavior. Finally, Chapter 2 concludes with an overview of the case studies discussed throughout the book, the treaties included, and an outline of subsequent chapters.Less
Chapter 2 introduces the overall thesis of this book that domestic law and international law are inextricably linked, and a state’s legal tradition shapes policy toward international law. In this chapter, concepts such as legal tradition and internalization are introduced in the context of a number of examples. Additionally, this chapter provides a brief history of the importance of international law for a comprehensive understanding of state behavior. Finally, Chapter 2 concludes with an overview of the case studies discussed throughout the book, the treaties included, and an outline of subsequent chapters.
Dana Zartner
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199362103
- eISBN:
- 9780199362127
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199362103.003.0008
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
This chapter reviews the overall thesis of this book and highlights the major contributions of this work. A key contribution is that it is not sufficient to assume every state that falls under the ...
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This chapter reviews the overall thesis of this book and highlights the major contributions of this work. A key contribution is that it is not sufficient to assume every state that falls under the umbrella of a legal family will act in the same way. Differences in historical development, institutions, and culture will result in different abilities to internalize international law, which in turn will result in differing state policies. A second major contribution is emphasis on the importance of considering both institutional and cultural factors within the legal tradition of a state. Understanding how legal tradition shapes state policy on international law also provides insight for policymakers on the factors to be considered and the constraints to be addressed in shaping policy, as well as guidance in understanding the policies adopted by other states, perhaps minimizing misunderstandings and facilitating the use of international law to solve global problems.Less
This chapter reviews the overall thesis of this book and highlights the major contributions of this work. A key contribution is that it is not sufficient to assume every state that falls under the umbrella of a legal family will act in the same way. Differences in historical development, institutions, and culture will result in different abilities to internalize international law, which in turn will result in differing state policies. A second major contribution is emphasis on the importance of considering both institutional and cultural factors within the legal tradition of a state. Understanding how legal tradition shapes state policy on international law also provides insight for policymakers on the factors to be considered and the constraints to be addressed in shaping policy, as well as guidance in understanding the policies adopted by other states, perhaps minimizing misunderstandings and facilitating the use of international law to solve global problems.
Fernanda Pirie
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199696840
- eISBN:
- 9780191751110
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199696840.003.0005
- Subject:
- Law, Comparative Law, Philosophy of Law
This chapter discusses the legal traditions of China and ancient Greece, and looks at English common law. It shows that despite claims of embodying rationality and reason, the appeal of tradition is ...
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This chapter discusses the legal traditions of China and ancient Greece, and looks at English common law. It shows that despite claims of embodying rationality and reason, the appeal of tradition is a recurrent theme, even within modern law, along with the invocation of an ancestral law-giver. In such cases the authority of the law transcends that of any known or contemporary law-maker, and presents the author of legal texts as primarily an interpreter of the law, whose task it is to explain or renew an ancient tradition.Less
This chapter discusses the legal traditions of China and ancient Greece, and looks at English common law. It shows that despite claims of embodying rationality and reason, the appeal of tradition is a recurrent theme, even within modern law, along with the invocation of an ancestral law-giver. In such cases the authority of the law transcends that of any known or contemporary law-maker, and presents the author of legal texts as primarily an interpreter of the law, whose task it is to explain or renew an ancient tradition.
Fernanda Pirie
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199696840
- eISBN:
- 9780191751110
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199696840.003.0004
- Subject:
- Law, Comparative Law, Philosophy of Law
This chapter discusses the legal traditions of India, Rome, and the Islamic world. It illustrates the importance of intellectual scholarship and argument in developing forms of law. Case studies ...
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This chapter discusses the legal traditions of India, Rome, and the Islamic world. It illustrates the importance of intellectual scholarship and argument in developing forms of law. Case studies drawn from each system demonstrate what law can be, the forms that it can take, and the roles it might play in a wider social context.Less
This chapter discusses the legal traditions of India, Rome, and the Islamic world. It illustrates the importance of intellectual scholarship and argument in developing forms of law. Case studies drawn from each system demonstrate what law can be, the forms that it can take, and the roles it might play in a wider social context.
Aharon Shemesh
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780520259102
- eISBN:
- 9780520945036
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520259102.003.0004
- Subject:
- Religion, Judaism
The new tendency of the Sadducees to appeal to Scripture for practical guidance caused a cultural and religious chain reaction. This chapter deals with the issue of the authority of the holy text ...
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The new tendency of the Sadducees to appeal to Scripture for practical guidance caused a cultural and religious chain reaction. This chapter deals with the issue of the authority of the holy text versus traditional religious norms, delving into the Second Temple period. It explores the disputes and mutual agreements between Pharisaic and Sadducee-priestly halakhic systems in order to enable a detailed description and analysis of the changes that took place from that time onward. It explains the old traditions in accordance with their biblical origins. The exegetical techniques used in these explanations turned into creative tools, and new norms that resulted from the reading of Scripture were introduced, authorized by rewriting the Pentateuch in accordance with them. Due to the fact that any direct evidence for the Pharisees' legal tradition is not available, the inquiry is based on several methodological assumptions and involves some serious difficulties. While the sectarians left a relatively large textual inheritance of their literary creation, all present day knowledge of the Pharisaic halakhah stems from indirect sources. These include the writings of Flavius Josephus and Philo of Alexandria, the references to the Pharisees and their halakhah in the New Testament, rabbinical traditions concerning their forefathers' halakhah, and of course, what the scrolls themselves testify concerning the sectarians' rivals.Less
The new tendency of the Sadducees to appeal to Scripture for practical guidance caused a cultural and religious chain reaction. This chapter deals with the issue of the authority of the holy text versus traditional religious norms, delving into the Second Temple period. It explores the disputes and mutual agreements between Pharisaic and Sadducee-priestly halakhic systems in order to enable a detailed description and analysis of the changes that took place from that time onward. It explains the old traditions in accordance with their biblical origins. The exegetical techniques used in these explanations turned into creative tools, and new norms that resulted from the reading of Scripture were introduced, authorized by rewriting the Pentateuch in accordance with them. Due to the fact that any direct evidence for the Pharisees' legal tradition is not available, the inquiry is based on several methodological assumptions and involves some serious difficulties. While the sectarians left a relatively large textual inheritance of their literary creation, all present day knowledge of the Pharisaic halakhah stems from indirect sources. These include the writings of Flavius Josephus and Philo of Alexandria, the references to the Pharisees and their halakhah in the New Testament, rabbinical traditions concerning their forefathers' halakhah, and of course, what the scrolls themselves testify concerning the sectarians' rivals.
Intisar A Rabb
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199641444
- eISBN:
- 9780191741104
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199641444.003.0009
- Subject:
- Law, Human Rights and Immigration, Comparative Law
In the spirit of ‘clearing ground’, this chapter interrogates the Islamic legal tradition by seeking answers to the questions that arise from these new dynamics: What is the ‘old script’, so to ...
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In the spirit of ‘clearing ground’, this chapter interrogates the Islamic legal tradition by seeking answers to the questions that arise from these new dynamics: What is the ‘old script’, so to speak, of speech in classical Islamic law? How wide is the scope of the doctrine, and what are its limits? More importantly, from where do these doctrines emerge and what can the process of unearthing the origins of the Islamic law of speech tell us about the values that such doctrines reflect or impose, then and now? If classical Islamic law is to guide questions of modern legal interpretation and underwrite significant aspects of political legitimacy, even if in the shadow of otherwise secular deliberation and legislation, what are the tensions between the tradition and the accommodation of notions of speech and democracy in the modern day?Less
In the spirit of ‘clearing ground’, this chapter interrogates the Islamic legal tradition by seeking answers to the questions that arise from these new dynamics: What is the ‘old script’, so to speak, of speech in classical Islamic law? How wide is the scope of the doctrine, and what are its limits? More importantly, from where do these doctrines emerge and what can the process of unearthing the origins of the Islamic law of speech tell us about the values that such doctrines reflect or impose, then and now? If classical Islamic law is to guide questions of modern legal interpretation and underwrite significant aspects of political legitimacy, even if in the shadow of otherwise secular deliberation and legislation, what are the tensions between the tradition and the accommodation of notions of speech and democracy in the modern day?
