State law and legal positivism : the global rise of a new paradigm

Bibliographic Information

State law and legal positivism : the global rise of a new paradigm

edited by Baudouin Dupret and Jean-Louis Halpérin

(Legal history library, v. 55)

Brill Nijhoff, c2022

  • : hardback

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Includes bibliographical references and index

Description and Table of Contents

Description

This volume formulates the hypothesis of a truly global revolution that reflected a Great Divide between ancient and new legal regimes. The volume brings together several case studies of transition from an ancient to a new legal regime characterized by the positivization of the law. This was an effect of Western imperialism, but also of local elites' conviction that positive law was an efficient instrument of governance. The contributors emphasize the depth and scale of the positivist legal revolution and explore the phenomenon whether it was the outcome of either direct colonialism (Morocco, Egypt, India) or indigenous reformism (Ottoman empire, China, Japan).

Table of Contents

Notes on Contributors Introduction Baudouin Dupret 1 The Great Divide in Legal Discourse: Towards a Global Historical Ontology of the Concept of Positive Law Baudouin Dupret and Gianluca Parolin 2 Historical Landmarks in Mapping the Spread of Positive Law Teaching Jean-Louis Halp e rin 3 Writing Customs: Three Episodes in the Process of Positivization of Berber Customary Law in Morocco L e on Buskens 4 Ambiguities and Interdependencies: The Relationship between Legal Positivization and Islamic Law in Colonial India, 1765-1909 Jean-Philippe Dequen 5 The Positivization of Ottoman Law and the Question of Continuity Avi Rubin 6 How Government Jurists and Lawyering Approached the "Positivizing" of the Law in China Tzung-Mou Wu 7 The Meiji Era: When Japanese Law Became Positivized B e atrice Jaluzot Conclusion Jean-Louis Halp e rin Index

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