| Preface and acknowledgments | p. xi |
| Table of cases | p. xv |
| Table of statutes | p. xvii |
| List of abbreviations | p. xx |
| Comparative framework | |
| Introduction: Globalisation and Asian and African legal systems | p. 3 |
| Comparative law and legal theory from a global perspective | p. 25 |
| The culture-specific nature of law and respect for difference | p. 26 |
| Changing global scenario: from colonial transplant to ethnic implant | p. 37 |
| International law and its unifying pressures | p. 38 |
| Comparative law as a harmonising handmaiden | p. 46 |
| Assumptions about uniformity: legal transplants and reception of laws | p. 50 |
| Southern voices: from polite silence to post-colonial reassertion | p. 55 |
| New globalisation: reverse colonisation and ethnic implants | p. 58 |
| Good practice in studying and teaching comparative law | p. 66 |
| World legal history: a deficient model | p. 70 |
| A model of pluralist, globality-conscious legal education | p. 75 |
| Legal pluralism | p. 82 |
| Early conceptualisations of legal pluralism | p. 85 |
| The historical school of law | p. 88 |
| Early legal pluralism: Ehrlich's 'living law' | p. 92 |
| Reluctant pluralism: Hart's primary and secondary rules | p. 98 |
| Postmodern theories of legal pluralism | p. 103 |
| Moore's concept of the 'semi-autonomous' social field | p. 104 |
| Allott's three perspectives on law | p. 108 |
| Griffiths' theory of legal pluralism | p. 113 |
| Chiba's tripartite model of law | p. 119 |
| Comparative jurisprudence: images and reflections of law | p. 129 |
| Traditional natural law theories in outline | p. 131 |
| Greek legal philosophy | p. 134 |
| Roman legal philosophy | p. 139 |
| Early and later medieval developments in Church law | p. 141 |
| Re-evaluation of natural law during Renaissance and Reformation | p. 146 |
| Legal positivism | p. 150 |
| Beyond positivism | p. 160 |
| Socio-legal approaches | p. 161 |
| New natural law theories | p. 168 |
| A global working definition of law | p. 173 |
| Regional comparisons in a global context | |
| Introduction | p. 193 |
| Hindu law: the search for appropriateness | p. 196 |
| A historical and conceptual overview | p. 200 |
| The pre-classical stage: Vedic law (c. 1500 BC to c. 500 BC) | p. 204 |
| Classical Hindu law (c. 500 BC to c. 200 AD) | p. 209 |
| Late classical Hindu law (c. 500 BC to c. 1100 AD) | p. 222 |
| Post-classical Hindu law (after 1100) | p. 234 |
| Medieval Hindu law under Muslim domination | p. 237 |
| Anglo-Hindu law | p. 239 |
| Modern Hindu family law in India | p. 249 |
| Hindu legal concepts and the Indian Constitution | p. 259 |
| Searching for composite appropriateness in postmodernity | p. 273 |
| Islamic law: God's law or men's law? | p. 279 |
| Understanding Islamic law from a legal pluralist perspective | p. 281 |
| The Qur'anic base and its application | p. 289 |
| The Prophet's roles: leader, judge and guide | p. 294 |
| Early Islamic law after the Prophet's death | p. 298 |
| Legal developments in the early Muslim empire: the Umayyads | p. 303 |
| Scholar-jurists and the Abbasids | p. 309 |
| The central role of jurists | p. 312 |
| Schools of law and competing doctrines | p. 312 |
| Shafi'i scheme to unify Muslim jurisprudence | p. 315 |
| Hadith collections and the 'Schacht controversy' | p. 319 |
| Continuing diversities after Shafi'i | p. 324 |
| Judicial administration: qadis and muftis | p. 330 |
| Subsidiary sources of law | p. 333 |
| The purported closing of the 'gates of ijtihad' | p. 339 |
| The shift towards legal reforms | p. 344 |
| Turkey as a secular Muslim country | p. 354 |
| Pakistani law and Islamisation | p. 364 |
| African laws: the search for law | p. 380 |
| The denial of African culture and laws | p. 385 |
| The search for African law and legal theory | p. 390 |
| The nature of traditional African laws | p. 404 |
| Reflections of early knowledge | p. 404 |
| African worldviews and their conceptual implications | p. 407 |
| African religions and socio-ritual processes | p. 413 |
| African customary law as a self-controlling system | p. 421 |
| Dispute settlement processes in pre-colonial Africa | p. 435 |
| African laws under colonial rule | p. 444 |
| The process of colonisation | p. 445 |
| The colonial impact on African customary systems | p. 453 |
| The colonial impact on dispute settlement processes | p. 459 |
| African laws in the post-colonial period | p. 464 |
| The continuing devaluation of African traditions | p. 466 |
| Debates about custom in modern African laws | p. 470 |
| Dispute settlement and the problems of finding justice | p. 477 |
| The unification debate as a tool for nation-building | p. 480 |
| The future | p. 485 |
| Chinese law: code and conduct | p. 493 |
| Scholarly representations of Chinese laws | p. 495 |
| Traditional Chinese worldviews in their social and legal context | p. 502 |
| The cosmic dimension: tao | p. 503 |
| Self-controlled order, Chinese style: li | p. 505 |
| The social context of traditional Chinese legal regulation | p. 512 |
| The place of customary laws | p. 518 |
| The classical Chinese legal system: codes and what else? | p. 521 |
| Historical overview of codification in China | p. 521 |
| The conceptual emphasis on penal law | p. 523 |
| The key concept of fa and the influence of legalism | p. 525 |
| Confucianisation of the law | p. 531 |
| The practical application of the law | p. 534 |
| The imperial code system as a formal framework | p. 535 |
| The Emperor as Son of Heaven | p. 538 |
| The imperial legal machinery | p. 541 |
| Avoidance of the law | p. 547 |
| Social and ritual differentiation in the law | p. 555 |
| Post-imperial Chinese legal systems | p. 560 |
| Resistance to modernising reforms | p. 561 |
| Introduction of Western laws in the Republican period | p. 564 |
| The communist foundations of Chinese law | p. 566 |
| Law in the People's Republic of China | p. 569 |
| The ambivalent approach to law in Mao's China | p. 570 |
| The post-Maoist reconstruction of Chinese law | p. 579 |
| The new legal structures and the future | p. 584 |
| Conclusion: towards global legal realism | p. 594 |
| References | p. 614 |
| Index | p. 659 |
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