Suchergebnisse

Problems and promises of comparative law --Asking the right question --What is 'Comparison'? --Functional method --Alternatives to functionalism --Structural method --Hermeneutical method --What is 'law' (1)? --What is law (2)? --Paradigm orientations --Concluding remarks:A methodological road map?

Concerned with the aspects of human behaviour which have been traditionally described as cultural or social, the author draws on his background in physics to suggest a scientific approach involving a reconceptualization of many of our assumed concepts. Are culture, society and similar concepts from anthropology and sociology of any real use in making sense of human social life? How can we understand the relationship between the social group and the individual human beings, with their self-awareness and sense of personal identity, who make it up? Drawing on his background in physics, Dr Samuel suggests a scientific approach involving a reconceptualization of many of the concepts we take for granted. The multimodal framework, or MMF, derives from this approach. It incorporates many of the insights of social and cultural anthropology, particularly the work of Gregory Bateson and Victor Turner, as well as being influenced by recent developments in the philosophy of science and related fields. Finally, the book considers some of the implications of the MMF for biological approaches, and focuses on questions of brain structure and on evolutionary explanations for human social behaviour

Creating the Universe: Depictions of the Cosmos in Himalayan Buddhism, by Eric Huntington. Seattle: University of Washington Press, 2019. xx + 283 pp., $65 (hb). ISBN: 9780295744063.

AbstractThis paper defends the distinction between law and equity with regard to legal reasoning. It argues that equity not only can provide – as the late Bernard Rudden said – an alibi but equally can add an extra dimension to the reasoning process. It helps the legal reasoner to escape from a two-dimensional "flat" world into one that functions in three-dimensions in which the complexities of social reality can be given more adequate expression.