General Jurisprudence Understanding Law from a Global Perspective [Hardcover]

This book explores the implications of globalisation for the theoretical study of law, justice, and human rights.This exciting vision of law and jurisprudence challenges some orthodox assumptions of the Western tradition of academic law and shows how the study of law, justice and human rights can be extended to encompass other legal traditions and cultures at all levels of legal ordering.This exciting vision of law and jurisprudence challenges some orthodox assumptions of the Western tradition of academic law and shows how the study of law, justice and human rights can be extended to encompass other legal traditions and cultures at all levels of legal ordering.This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to be critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory.Part I: 1. Jurisprudence, globalisation and the discipline of law: the need for a new general jurisprudence; 2. Analytical jurisprudence in a global context; 3. Mapping law: families, civilisations, cultures, and traditions; 4. Constructing conceptions of law: beyond Hart, Tamanaha and Llewellyn; 5. Normative jurisprudence, utilitarianism,lS;