Full Description
In honour of the work and writings of Professor John Bell, leading scholars present essays on factors affecting the course of 'legal development' in common law and Civilian systems. The reasons and context for legal development in a comparative perspective embrace the law both in action and in the books, legal institutions, legal cultures, and the extra-legal environment. Offering an accessible pathway into understanding comparative law, the collection introduces the core features of understanding foreign legal systems. With a range of illustrative case studies, the essays explore topical problems and debates in tort, contract, legal history, and judicial studies. In a tribute to one of the defining legal scholars of our time, this volume draws a rich, nuanced picture of the object of comparative legal research, and indicates new and exciting avenues for further research.
Contents
1. Introduction Sophie Turenne; 2. What can law schools offer other disciplines? Geoffrey Samuel; 3. Examining vicarious liability comparatively: a risky business? Paula Giliker; 4. What's in a name: historical foundations of unjust(ified) unrichment David Ibbetson; 5. An art obscured with difficult cases': interpretation and rhetoric in Fulbecke's Direction Joanna McCunn; 6. Observations on the reform of the French law on contractual interpretation Solène Rowan; 7. Assessing (divergent) legal development Colm P. McGrath; 8. Roundabout law Matthew Dyson; 9. A comparative reflection on Chilean economic torts Cristián A. Banfi; 10. Judicial identity crises: the French and European High Courts Mitchel de S.O.-l'E. Lasser; 11. Researching judicial cultures in the European Union: lessons from John Bell Elaine Mak.
