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Introduction

Published online by Cambridge University Press:  09 November 2009

Werner F. Menski
Affiliation:
School of Oriental and African Studies, University of London
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Summary

Part I demonstrated from a variety of angles that cross-cultural legal comparison continues to face major global challenges. The overview of Western legal theory in chapter 3 confirmed that we have only just begun to appreciate the limits of theoretical endeavour in capturing the complex reality of legal pluralism as a global phenomenon. We are now able to see that no single major legal theoretical approach on its own, whether positivism, natural law or socio-legal methods, can encompass the internally plural phenomenon of law. Their pluralist methodological combination, in ways yet to be analysed and explored, promises a deeper understanding of the complex nature of law, but theory will never be able to capture the practically limitless real plurality of law. Problems over the acceptance of radical legal realism are clearly exacerbated by insistence on visions of globalising uniformity that fly in the face of plural socio-legal reality and end up in prescriptive normative tyranny. Part II provides many examples of such clashes of values and their implications. But the legal systems of Asia and Africa will not disappear, nor will they ever merge fully into some ‘global’ legal framework.

A major critique of existing efforts to make sense of other people's legal cultures still needs to be written and is not possible within the present study. The globally focused analysis of Asian and African legal systems raises complex but surprisingly familiar conceptual questions.

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Comparative Law in a Global Context
The Legal Systems of Asia and Africa
, pp. 193 - 195
Publisher: Cambridge University Press
Print publication year: 2006

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  • Introduction
  • Werner F. Menski, School of Oriental and African Studies, University of London
  • Book: Comparative Law in a Global Context
  • Online publication: 09 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511606687.006
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  • Introduction
  • Werner F. Menski, School of Oriental and African Studies, University of London
  • Book: Comparative Law in a Global Context
  • Online publication: 09 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511606687.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Werner F. Menski, School of Oriental and African Studies, University of London
  • Book: Comparative Law in a Global Context
  • Online publication: 09 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511606687.006
Available formats
×