The Boundaries of Meaning and the Formation of Law

副标题: Legal Concepts and Reasoning in the English, Arabic, and Chinese Traditions

ISBN: 9780773528789

出版社: McGill-Queen's University Press

出版年: 2006-4-18

页数: 322

定价: USD 110.00

装帧: Hardcover

内容简介

Different legal systems share some basic developmental tendencies that are rooted in the historical evolution of language and culture. In this comparative history of English common law, Islamic law, and Chinese imperialist law Sharron Gu describes the formation of three diverse legal systems in terms of their unique linguistic environments. She argues that the characteristics of each language define the nature of the common, statute, administrative, and religious laws associated with it and set the boundaries for its legal imagination. Gu's original perspective on legal history challenges established theories of law based on political science, sociology, and philosophy. She argues that language at a specific time and place determines how the law works in each culture. As each language accumulates too many meanings and connotations, the law becomes inflated by rulings, interpretations, and codified cases that overlap and contradict one another.