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Natural law and comparative law, Russell Wilcox and Anthony Carty, editors

It has been a major contention of classical natural law theory that the arguments it makes, because rooted in a robust account of human nature, are of universal applicability. A somewhat less well explored dimension is the extent to which it can admit of, and indeed support, the great variations in human cultures, life-ways and patterns of social ordering. Despite this fact, however, there is much to suggest that it is possessed of theoretical resources uniquely well adapted to maintaining a balance between unity and diversity in each of these areas. In consequence, although the disciplines of natural law and comparative law have long tended to be treated as essentially immiscible, there is much to suggest that this may not be the whole story and that an exploration of how they can be brought together holds out the promise of making real theoretical advances in each. It is in this spirit that the present volume collects together essays from a variety of scholars with interests in various aspects of classical natural law theory and comparative legal studies as a way of beginning what the editors hope will become a fruitful and, in time, much wider conversation
Table Of Contents
Introduction / Russell Wilcox -- Natural law in the story of comparative law : considerations on its continuing relevance / Michele Graziadei -- The relevance of the central natural law tradition to cross-cultural comparison : philosophical and systematic considerations / Cristobal Orrego -- Natural law as the basis of cultural and legal diversity / Russell Wilcox -- Judaism, natural law and rationa ltradition / Jonathan Jacobs -- Natural law : a theological, juridical and epistemological approach in light of al-Ghazālī's Al-Mustasfā min'ilm al-usūl (the essence of the science of the methods of jurisprudence) -- Natural law in traditional China / Geoffrey MacCormack -- Natural law and Hinduism / Martin Ganeri -- On Buddhism and natural law / Rebecca French -- A natural law approach to law : are the Confucians and the Thomists commensurable? / May Sim -- Natural law approaches to comparative law : methodological perspectives, legal tradition and natural law / Robert Gahl -- Human nature, biology and the natural law : a natural approach / Jose Ignacio Murillo -- Natural law, comparative law and eugenics / Jacqueline A. Laing -- The moral void at the heart of human rights adjudication / Gunnar Beck -- The culture of rights, constitutions and natural law from classical natural law to "new" natural law : where natural law becomes ideology / Carty Anthony
Physical Description
396 p. ;, 24 cm

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