Full Description
This book presents a unique study of the field of comparative law examining the key differences between schools and approaches and examining their contradictions.
Comparative law is depicted in this book as a field of contrarians, jurists who tend to oppose or reject prevailing opinions or established practices. Contrarianism has made it exceedingly difficult to find one's way in the field where there are drastically varying views on the basic issues.
The book guides readers through divisive debates and disagreements and helps to draw useful conclusions. Instead of lamenting comparative law's feeble place in the legal academia or to fantasise about the supposed great future of a unified discipline, the book highlights the collisions and tracks their influence on the field. By focusing on tensions underlying the field this book encourages readers to think critically while studying law comparatively.
Contents
Foreword
1. Setting the Scene: Is Comparative Law Developing?
2. Placing the Focus: Text, Action, Context
3. A Question of Identity: A Tool or Something More?
4. Private Law v Public Law and Beyond
5. Talking About It v Doing It
6. The West and the Rest
7. Area Experts and Generalists
8. Functionalism: Proponents and Opponents
9. Legal System: Closed or Open?
10. Individualisers and Generalisers: Methodenstreit of Our Time?
11. 'For I am nothing, if not critical'
12. Globalisation and Comparativism: Out of the Trenches?
13. Outlook: Sailing the Seas of Diversity and Pluralism
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- 電子書籍
- 世界へリーチ！第7話
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- 電子書籍
- 週刊ベースボール 2020年 8/24号
