General Jurisprudence: Understanding Law From A Global Perspective (law In Context)

This page intentionally left blank General Jurisprudence This book explores the implications of globalisation for understanding law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law, legal theory and human rights discourse. 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 legal ordering. It shows how the mainstream Western canon of jurisprudence should be critically reviewed and extended to take account of other legal traditions and cultures. Written by a leading scholar 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, human rights, comparative law and socio-legal studies. William Twining is Quain Professor of Jurisprudence Emeritus of University College London. He has worked extensively in Eastern Africa, the Commonwealth and the United States and is a leading proponent of broader approaches to the study of law. His recent books include Globalisation and Legal Theory (2000) and The Great Juristic Bazaar (2002) to both of which this is a successor. General Jurisprudence Understanding Law from a Global Perspective WILLIAM TWINING CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi, Dubai, Tokyo Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521505932 © William Twining 2009 This publication is in copyright. Subject to statutory exception and to the provision of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published in print format 2009 ISBN-13 978-0-511-71934-9 eBook (NetLibrary) ISBN-13 978-0-521-50593-2 Hardback ISBN-13 978-0-521-73809-5 Paperback Cambridge University Press has no responsibility for the persistence or accuracy of urls for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. To my students. Table of Contents Preface Acknowledgements List of abbreviations Further abbreviations 1 2 3 4 page xi xxi xxii xxv