On Common Laws Hardcover

H. Patrick Glenn

Common law was the main instrument of conciliation of laws which were drawn from different sources, though applicable on a given territory. Claims of universality could be, and were, reconciled with claims of particularity. Nineteenth and twentieth century legal theory taught that law was the exclusive product of the state, yet common laws continued to function on a world-wide basis throughout the entire period of legal nationalism. As national legal exclusivity is increasingly challenged by the process of globalization, the concept of common law can be looked to once again as a means of conceptualization and justification of law beyond the state, while still supporting state and other local forms of normativity.

0199287546

9780199287543

English

OUP Oxford

27-Oct-2005

180

H. Patrick Glenn is the Peter M. Laing Professor of Law, McGill University and a former Director of McGill's Institute of Comparative Law. He is a Member of the International Academy of Comparative Law and a Fellow of the Royal Society of Canada. He has been a Bora Laskin Fellow in Human Rights Research, a Killam Research Fellow, and a Visiting Fellow of All Souls College, Oxford. His book Legal Traditions of the World (Oxford University Press, 2nd ed., 2004) won the Grand Prize of the International Academy of Comparative Law.