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Jurisprudence for Global Law?

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Chapter Summary

The challenges for the shift towards global law poses for jurisprudence have been extensively discussed by William Twining, in two books: General Jurisprudence and Globalisation and Legal Scholarship. Within the broad stream of Western traditions relating to law there is more on offer than analytical jurisprudence. In the global world, these traditions will meet more often, and out of these meetings and interactions the Western style law person may enrich her repertoire. A good example of this is found in Amartya Sen's seminal book on The Idea of Justice, where he makes use of concepts from Indian jurisprudence in order to highlight the limitations that he finds in Rawlsian political philosophy, such as the distinction between niti and nyaya. Cultural, religious and political differences and the discursive weight of other legal traditions will also make themselves manifest in the forms of law.

Keywords: Amartya Sen; global law; jurisprudence; niti; nyaya; Western legal traditions; William Twining



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