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Chiba Masaji (ed.). Asian Indigenous Law: In Interaction with Received Law. Routledge,2013. — 430 p.. 2013

Western law is normally regarded as universal when considered from the fact that it has been received and utilized by non-Western countries as the basis of their own state legal systems. The reception of Western law by non-Western countries in modern times is the most influential encounter of non-Western law with foreign law. The major portion of this book is a collection of descriptions of typical non-Western countries from this viewpoint by native scholars.

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Contents
Preface
1 Introduction1
Masaji Chiba
I. Problem
II. Method
III. Working hypotheses
1. THE THREE-LEVEL STRUCTURE OF LAW
2. INTERACTION BETWEEN RECEIVED LAW AND INDIGENOUS LAW
Notes
References
2 Development of Plural Structure of Law in Egypt, A Sunni-Islamic Society
El Sayed Yassin
The movement of Islamic conquest which took place under various substantive and historic conditions followed the advent of Islam in the Arab Peninsula.
I. Brief Introduction to the History of the Egyptian Legal System
1. THE EGYPTIAN LEGAL SYSTEM IN THE ISLAMIC ERA
2. SHARI'A
3. EGYPTIAN LEGAL STRUCTURE: INDICATIONS OF CHANGE
4. THE EGYPTIAN LEGAL EDIFICE AND THE IMPACT OF THE FRENCH EXPEDITION
5. EGYPTIAN LAW FROM MOHAMMED ALI TO THE PROMULGATION OF MODERN LEGISLATION
6. MODERNIZATION OF THE EGYPTIAN LEGAL STRUCTURE FROM THE JUDICIAL REFORM TO THE MONTREUX AGREEMENT
7. THE MONTREUX AGREEMENT: ABOLITION OF FOREIGN CONCESSIONS AND PROMULGATION OF MODERN EGYPTIAN LEGISLATIONS
II. Constants and Variables in Modern Egyptian Legal Structure
III. Relationship between National Legal Culture and Western Positive Laws
1. DIMENSION OF INTEGRATION BETWEEN POSITIVE LAW AND TRADITIONAL NATIONAL CULTURE
2. DIMENSION OF CONFLICT BETWEEN WESTERN POSITIVE LAW AND NATIONAL LEGAL PRINCIPLES
3. DIMENSION OF INTERACTION BETWEEN NATIONAL AND WESTERN POSITIVE PRINCIPLES: HARMONY AND CONFLICT BETWEEN OFFICIAL LAW AND UNOFFICIAL LAW
4.CONCLUSION: RELATIONSHIP BETWEEN THE GENERAL PRINCIPLES OF THE EGYPTIAN CIVIL CODE AND THE PRINCIPLES OF THE SHARF'A
Notes
References
Glossary
3 Modern Law and Judiciary Reform in Iran – An Islamic Society
M. A. Nezami Talesh
Introduction
I. The Traditional Judiciary System of Iran: A Historical Sketch
1. THE DEVELOPMENT OF THE SHARIA
2. THE SHII FIQH
3. THE BASIC CHARACTERISTICS OF THE SHARIA
4. THE PROCEDURE AND ORGANIZATION OF THE SHARIA JUDICIARY
5. THE NON-SHARIA JUDICIARY
II. The Judiciary Reform in Iran
Such was then the nature and condition of the judiciary in Iran before the nineteenth century.
1. THE IMMEDIATE FACTORS OF REFORM
2. THE NINETEENTH CENTURY ATTEMPTS AT JUDICIARY REFORM
3. JUDICIARY REFORM FOLLOWING THE CONSTITUTIONAL REVOLUTION OF 1905
4. JUDICIARY REFORM IN THE PAHLAVI PERIOD
III. The Modern Judiciary in Iran
Up to this point of the chapter our discussion has mainly been chronological.
1. THE CONSTITUTION OF 1907
2. THE CIVIL CODE
3. THE PENAL CODE
4. ORGANIZATION AND PROCEDURE
IV. Conclusion
Notes
References
Glossary
4 Competing Ideologies of Conflict Resolution in Sri Lanka – A Multi-Religious Society
Neelan Tiruchelvam
In this paper we shall focus on the different conceptions and domain assumptions about conciliation which wrestled with each other during the critical phase in Sri Lanka ’s legal history when a state-institutionalized conciliation scheme was being worked out.
I. Historical Development
1. IDEAS IN ORGANIZING THE CONCILIATION BOARD
2. THE CEYLONESE SCHEME AND INDIAN MODEL
3. DIFFERENT RATIONALIZATIONS IN THE LEGISLATIVE PROCESS
4. SHIFTING IDEOLOGIES OF THE SCHEME, 1958–65
5. SHIFTING IDEOLOGIES OF THE SCHEME, 1965–70
II. Analytical Remarks
1. IDEOLOGIES IN COALITION AND COMPETITION
2. SIGNIFICANCE OF DEPROFESSIONALIZATION
3. CONCLUDING REMARKS
Notes
References
5 People's Law in India – The Hindu Society
Upendra Baxi
I. Introduction
II.I From Dharma to Law: and Back?
1. INTRODUCTION
2. LINGAT'S DISCUSSION ON THE LEGAL NATURE OF DHARMA
III. High Culture Law and Social Mobility
The relation between custom and dharma, between people's law and state law, underwent fundamental change during the colonial period.
1. BRAHMINIZATION AND ANGLICIZATION OF THE LAW DURING THE INITIAL PERIOD OF COLONIAL ADMINISTRATION
2. ISLAMIZATION: LAW AND SOCIAL CHANGE IN COLONIAL INDIA
IV. People's Law, Development and Justice
1. INTRODUCTION
2. DESCRIPTION
3. EXPLANATION
4. EVALUATION
5. TRIBAL LAW AND JUSTICE
Note
References
Glossary
6 Reception of Law in Thailand -A Buddhist Society
Preedee Kasemsup
This article will be a discussion of the reception of Western law in an Eastern country, the problem of indigenous legal elements in the legal system of a non-Western culture, and the relationship between the indigenous elements and the received elements in the legal system.
I. Theoretical Framework
1. CONCEPT OF LAW
2. CATEGORIES OF LAW
3. RHYTHM OF LEGAL DEVELOPMENT
4. THE ROLE OF JURISPRUDENCE
II. The Traditional Thai Legal System
1. HISTORICAL SURVEY
2. THE THAI TRADITIONAL LEGAL SYSTEM
3. LEGAL SYSTEM AND JURISPRUDENCE
4. CONCLUDING REMARKS
III. Reception of Modern Western Law
Even though some serious doubts have been expressed about the use of the words “modern” and “tradition” in the study of contemporary law,
1. THE EMERGENCE OF MODERN WESTERN LAW
2. PROCESS OF RECEPTION
3. FROM ENGLISH, THROUGH FRENCH, TO GERMAN LAW
4. JURISTIC IMPLICATION OF THE RECEPTION
IV. Conclusion
Notes
References
Glossary
7 Three-Level Structure of Law in Contemporary Japan – The Shinto Society
Masaji Chiba
I. Introduction
1. CONTEMPORARY LEGAL SYSTEM OF JAPAN
2. COMPLEXITY OF LAW IN JAPANESE SOCIETY
II. A Brief Review of Japanese Legal History: Development of Indigenous Japanese Law
1. BEFORE THE MEIJI RESTORATION IN 1868
2. ALLEGED MODERNIZATION OF LAW IN THE MEIJI SYSTEM
3. INDIGENEITY OF THE MEIJI LEGAL SYSTEM
4. LEGAL REFORM AFTER WORLD WAR II
III. Indigenous Law Adopted in the Contemporary State Law
1. INDIGENOUS OFFICIAL LAW
2. CONSTITUTIONAL LAW
3. CRIMINAL LAW
4. FAMILY LAW
5. CIVIL LAW
6. COMMERCIAL LAW
7. PROCEDURAL LAW: CONCILIATION
IV. Indigenous Law Prevailing Unofficially
1. INDIGENOUS UNOFFICIAL LAW
2. PUBLIC LIFE
3. FAMILY LIFE
4. CIVIL LIFE
5. ESTABLISHED COMMUNITIES
V. Indigenous Legal Postulates
1. INDIGENOUS LEGAL POSTULATES FUNCTIONING IN SOCIETY
2. SPECIFIC LEGAL POSTULATES
3. DIFFUSE INDIGENOUS POSTULATES: AMOEBA-LIKE WAY OF THINKING
VI. Conclusion
Notes
References
Glossary
8 Conclusion
Masaji Chiba
Each of the individual reports from the six countries in the preceding chapters presents a description of the state of affairs in the country in terms of the common purpose of our joint study.
I. Main Implications of Each Report
II. Verification of the Working Hypotheses
Following the above review of important relevancies as the editor sees them, concluding remarks will be devoted to our most crucial problem: to verify the working hypotheses proposed in the Introduction against the facts and opinions presented by the six authors.
1. THE THREE-LEVEL STRUCTURE OF LAW
2. INTERACTION BETWEEN RECEIVED LAW AND INDIGENOUS LAW
Notes
References
About the Authors
INDEX

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  1. Araujo Ana Lucia. Humans in Shackles: An Atlantic History of Slavery. University of Chicago Press,2024. — 1702 р. - 2024
  2. Chua Lynette J., Engel David M.. The Asian Law and Society Reader. Cambridge University Press,2023. — 795 p. - 2023
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  5. Boodia-Canoo Nandini. Slavery, Indenture and the Law: Assembling a Nation in Colonial Mauritius. Routledge,2022. — 221 p. - 2022
  6. Burgess Douglas. When Hope and History Rhyme: Natural Law and Human Rights from Ancient Greece to Modern America. Imagine,2022. — 304 p. - 2022
  7. Boucoyannis Deborah. Kings as Judges: Power, Justice, and the Origins of Parliaments. Cambridge University Press,2021. — 400 p. - 2021
  8. Anderson Steven. A History of Capital Punishment in the Australian Colonies, 1788 to 1900. Palgrave Macmillan,2020. — 279 p. - 2020
  9. Armstrong Jackson (ed.). Cultures of Law in Urban Northern Europe: Scotland and Its Neighbours, 1350-1650. Routledge,2020. — 304 p. - 2020
  10. Batselé Filip. Liberty, Slavery and the Law in Early Modern Western Europe. Springer International Publishing,2020. — 221 p. - 2020
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  13. Ando Clifford (ed.). Citizenship and Empire in Europe, 200-1900: Antonine Constitution after 1800 Years. Franz Steiner Verlag,2016. — 261 p. - 2016
  14. Brasington Bruce. Order in the Court: Medieval Procedural Treatises in Translation. Brill,2016. — 357 p. - 2016
  15. Anthony Gordon. Judicial Review in Northern Ireland. Hart Publishing,2014. — 374 p. - 2014
  16. Bellamy John. Bastard Feudalism and the Law. Routledge,2014. — 195 p. - 2014
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  18. Beattie Cordelia, Stevens Matthew (eds.). Married Women and the Law in Premodern Northwest Europe. Boydell Press,2013. — 264 р. - 2013
  19. Black Ann, Bell Gary. Law and Legal Institutions of Asia: Traditions, Adaptations and Innovations. Cambridge University Press,2011. — 428 p. - 2011
  20. Christenson Ron. Political Trials: Gordian Knots in the Law. Routledge,2011. — 357 p. - 2011
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