Legal Traditions in Asia (Ius Gentium: Comparative Perspectives on Law and Justice, 80)

La 4e de couverture indique : "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 closing section 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." Legal Traditionsin Asia Contents 1 Introduction 1.1 Structure 1.2 History 1.3 Transliteration Reference Part I The Ancient Near Eastern Legal Circle 2 Cuneiform Law 2.1 Mesopotamian Law in the Third Millennium 2.1.1 City States3pc 2.1.2 Akkadians3pc 2.2 Babylon 2.3 Assyria 2.4 The Hittite Empire References 3 Jewish Law 3.1 Political and Legal Institutions in the Pre-Talmudic Period 3.2 Jewish Law in the Pre-Talmūdic Period 3.3 Jewish Law in the Post-Talmūdic Period 3.4 Sources of Jewish Law 3.5 Substantive Law 3.5.1 Family Law and Law of Inheritance3pc 3.5.2 Criminal Law3pc 3.5.3 Laws of Procedure3pc 3.6 Jewish Law in the Modern Age References 4 Persian Law 4.1 State and Society in Ancient Persia 4.2 From Persian to Zoroastrian Law 4.3 Legal Theory of Zoroastrian Law 4.4 Substantive Law 4.4.1 Family Law3pc 4.4.2 Criminal Law3pc 4.4.3 Law of Procedure3pc 4.5 Zoroastrian Law in Modern Times References 5 The Law of the Church of the East 5.1 Emergence of a New Tradition 5.2 Intellectual Life: Sciences and Schools 5.3 Jurisprudence and Legal Sources 5.4 Substantive Law References Part II The Islamic Legal Circle 6 Pre-Islamic Arabia 6.1 Historical Overview 6.2 Political Institutions 6.3 Customs References 7 Classical Islamic Law 7.1 The Caliphate and Public Law 7.2 Islamic Law in the Formative and the Classical Period 7.3 Sources of Islamic Law 7.4 Substantive Law 7.4.1 Family Law3pc 7.4.2 Law of Property and Obligations3pc 7.4.3 Punishments3pc 7.4.4 Laws of Procedure3pc 7.4.5 The Law of War and Peace3pc 7.5 Shicī Law 7.6 Islamic Law in the Modern Age 7.6.1 Ways to Re-interpret Islamic Law in the Twentieth Century3pc 7.6.2 Legal Westernisation3pc 7.6.3 Legal Traditionalism3pc 7.6.4 Legal Understanding of Islamism3pc References Part III Hindu Legal Circle 8 Hindu Law 8.1 Principles of Hindu Law 8.2 Principles of Hindu Political Theory 8.3 History and Sources of Hindu Law 8.4 Substantive Law 8.4.1 Family Law3pc 8.4.2 Crimes and Punishments3pc 8.4.3 Law of Procedure3pc 8.5 Hindu Law in Modern India References 9 Societies of Buddhist Law 9.1 Introduction: History and Concepts 9.2 The Mon-Burmese Customary Law 9.2.1 Sources3pc 9.2.2 Legal Institutions3pc 9.3 Thai–Lao Customs 9.4 Khmer Law 9.5 Buddhist Law in the Modern Period References Part IV The Chinese Legal Circle 10 Chinese Law 10.1 Chinese Law to the Tang Period 10.2 Chinese Law from the Tang to the Fall of the Qing Dynasty 10.3 Chinese Legal Thinking 10.3.1 Confucianism3pc 10.3.2 Legism (fajia)3pc 10.3.3 Socio-legal Factors of Chinese Legal Thinking3pc 10.4 Substantive Law 10.4.1 Family Law3pc 10.4.2 Criminal Law3pc 10.4.3 Law of Procedure3pc 10.5 Traditional Chinese Law in the Twentieth Century References 11 Societies Exposed to Chinese Legal Influence 11.1 Vietnam 11.1.1 History and Sources of Law3pc 11.1.2 Legal Institutions3pc 11.2 Korea References 12 Japanese Law 12.1 Japanese Law to the Tokugawa Period 12.2 The Law of the Tokugawa Period 12.3 The Meiji Reforms 12.4 Japanese Legal Thinking References Part V Customary Laws 13 Exclusive Customary Laws 13.1 General Remarks on Customary Laws 13.1.1 The Approach of Legal Anthropology3pc 13.1.2 An Asia-Specific Typology of Customary Laws3pc 13.2 Mongol Customs 13.3 Kazakh and Manchu Customary Laws References 14 Concurrent Customary Laws 14.1 The Pashtunwali 14.1.1 Values of Pashtunwali3pc 14.1.2 Institutions3pc 14.2 Adat Law in Southeast Asia 14.2.1 Adat Law in Indonesia3pc 14.2.2 Malay Adat Law3pc 14.3 Customary Laws in India References 15 Complementary Customary Law References Part VI Concluding Remarks 16 Conclusions 16.1 The Dynamics of Legal Circles 16.2 Functions of Law 16.3 Legal Pluralism and Politics 16.4 Importance of Law Glossary