Full Description
This book features original essays by leading academics and emerging researchers written in honour of a legal comparatist who, over the course of four decades, has played a major role in comparative law's development: Pier Giuseppe Monateri.
Rather than being just a celebrative work without analytical appeal, this book makes a significant contribution to the comparative legal literature by exploring key comparative law themes and recent developments in the field. Reflecting Monateri's vast expertise, innovative thinking, and truly global network, the volume is divided into five thematic areas of both scholarly and practical significance: Comparative Law and Its Methods; Comparative Private Law; Law and Literature; The Politics and Ontology of Law; Comparative Law & Economics. Discussing novel case-studies as well as exploring Monateri's importance to the comparative enterprise through various trajectories of inquiry - for example, normative, doctrinal, empirical, critical - this book takes a fundamental and much-needed step towards the establishment of comparative law as a fully-fledged academic discipline and professional practice.
Addressing the current status and future direction of comparative law, this book will appeal to legal comparativists, as well as students and scholars with broader interests in the nature of legal cultures.
Contents
Foreword: A Note in Honour of Pier Giuseppe Monateri Guido Calabresi Introduction: Essays in Honour of Pier Giuseppe Monateri Luca Siliquini-Cinelli Part I - Comparative Law and Its Methods 1. Has Comparative Law Progressed? Geoffrey Samuel 2. Comparative Law and Its Methods: Pier Giuseppe Monateri's Dominus Mundi between Neoliberal Globalism and Authoritarian Liberalism Luca Siliquini-Cinelli 3. Comparative Law Method and the Legal Formants as Catalysts of Normative Realities Elena Ioriatti 4. The Comparatist and Plato's Cave Jaakko Husa 5. Why and How Courts Use Comparative Law Mads Andenas, Duncan Fairgrieve, and Francesco Quarta 6. The Enigma of Law: Looking at Comparative Law through the Lenses of Legal Anthropology Mauro Balestrieri Part II - Comparative Private Law 7. Damages for Breach of Contract: The Legacy of Conceptualism James Gordley 8. Deconstructing NFTs as Decentralised Digital Property Massimiliano Granieri and Roberto Pardolesi 9. From the Mud Contract to the Crystal Contract: The Role of Good Faith in the Latin American Law of Contract Leysser León Hilario 10. Paradigms and Operational Rules in Contract Law: 'Theological Consensualism' and the Theory of a 'Juridical Theology' Applied to the Consent Principle Davide Gianti 11. Personal Injury in Peru: The Influence of Pier Giuseppe Monateri's Contribution Carlos Antonio Agurto Gonzáles and Juan Jesús Pablo Abanto Part III - Law and Literature 12. Ars Justitiae: Vives and Vico on Law and Humanist Education Jeanne Gaakeer 13. Beckett's Weather Report Pierre Legrand 14. From Shakespeare's Othello to Alex Garland's Ex Machina: The Technique of Suspicion Daniela Carpi 15. 'Set' Gary Watt Part IV - The Politics and Ontology of Law 16. If Black Gaius Were a Woman: Ontology, Desire and Denial in Law Kimberley Brayson 17. Alterity on the Terms of the Law: For an Ontology of the In-Between Horatia Muir Watt 18. A Purely Western Tradition. The 100th Anniversary of the Orientalisation Debate Tomasz Giaro 19. Approximation and Harmonisation of Private Law in Europe—Reflections from the Viewpoint of Comparative Law Gábor Hamza Part V - Comparative Law and Economics 20. Liability or No Liability? Promoting Safety by Shifting Accident Losses onto Third Parties Francesco Parisi 21. The Sustainability of Civil Liability Rules Giulio Ponzanelli Afterword: A Note of Thanks Pier Giuseppe Monateri
