Legal Traditions in Asia: History, Concepts and Laws

ISBN-13: 9783030437305 / Angielski / Miękka / 2021 / 496 str.

Janos Jany

Recenzje

"Jany's dense book is packed with highly interesting details. ... The significance of this book is clear, nonetheless. Not many can write a book like this one, pulling together a daunting amount of information. Professor Jany's ambitious and painstaking work offers readers essential reference materials and a much-needed foundation for linking a great diversity of legal traditions to one another. His book marks a timely and welcome occasion to promote a dialogue among jurists, historians, theologians, philosophers, anthropologists, and anyone else interested in the evolution of laws ... ." (Marie Seong-Hak Kim, Rechtsgeschichte - Legal History Rg, Issue 30, 2022)

Spis treści

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.

O autorze

Janos Jany is head of the Institute of International Studies at Pazmany University, Hungary. As a trained lawyer (LLM, PhD) and scholar of oriental cultures (BA,MA, PhD) he dedicated his academic career to Asian legal traditions focusing on the Middle Eastern tradition (Islamic, Jewish, Persian laws). He publishes books and scholarly articles by high standard international publishers and journals across the globe.

Blurb

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.