Legal Systems Very Different From
Additional Readings (Preliminary
For each system, read one of the suggested readings and be
willing to discuss it in class.
[Read one of ...]
Imperial Examination System is Alive and Well in Modern America
(Bryan Caplan blog post on higher education with lots of relevant
Cases From the Last Dynasty
Bodde, Derk and Morris, Clarence, Law
in Imperial China, Harvard University Press 1967.
Read any ten cases from pages 214-289
Van Gulik, R.H., Crime and
Punishment in Ancient China, 2nd edn 2007. Originally
published as T’ANG-YIN-PI-SHIH, Parallel Cases from Under the Pear
Tree”: A 13th Century Manual of Jurisprudence and Detection.
Read any ten cases
Bernhardt, Kathryn and Huang, Philip C.C., Civil Law in Qing and
Republican China. Stanford University Press 1994. Chapter 2 or 4.
Johnson, Wallace, tr., The
T'ang Code. pp. 55-71
Gypsy Law, Chapter 3
, Chapter 7
Marushiakova, Elena and Popov, Vesselin, “ The
Gypsy Court in Eastern Europe,” pp. 73-83
Leeson, Peter, “ Gypsy
Law,” Public Choice (2013) 155:273–292. Read at least
part 3, An economic theory of Gypsy law.
Nolt, The Amish: A Concise
Introduction, pp. 4-25 or 26-39 or 80-94
Kraybill, Johnson-Winer, and Nolt, The Amish, Chapter 19 or Chapter 22
Kraybill, The Riddle of Amish
Culture, Chapter 4 or Chapter 11
Kraybill and Olshan, The Amish
Struggle with Modernity, Chapter 3 or Chapter 4 or Chapter
Kraybill, ed., The Amish and the
State, Chapter 4 or Chapter 5
post on the Furnace of Akhnai
pp. 503-510 or 528-534 or 599-604 (The disobedient son)
Maimonides, The Book of Torts, pp. 4-16 or pp.
Maimonides, The Book of Acquisitions pp. 53-66 or
Maimonides, The Book of Civil Laws, pp. 77-97 (lending) or
Maimonides, The Book of Judges, pp. 137-150 or pp.
pp. 205-230 (kings and wars)
al-Qayrawani, 'Abdullah ibn Abi Zayd, The
Risala: A Treatise on Maliki Fiqh
Read one of chapters 25, 32, 37
Keller, Nuh Ha Mim tr., Reliance
of the Traveller. B1.0-3.5 or H1.0-4.4 or M 1.0-2.9 (marriage)
Hallaq, Wael, Was
the Gate of Ijtihad Closed?