基本説明
Among the topics covered are: globalisation, legal culture, competition between legal systems, legal families and mixed systems, etc
Full Description
This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project.
The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin Orucu, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.
Contents
I. Comparative Law at a Cross-roads 1. Comparative Law and Comparative Legal Studies David Nelken 2. Developing Comparative law Esin Orucu II. New Directions for Comparative Law 3. Globalisation and Comparative Law William Twining 4. Com-paring H. Patrick Glenn 5. Defining and Using the Concept of Legal Culture David Nelken 6. Is it so Bad to be Different? Comparative Law and the Appreciation of Diversity Roger Cotterell 7. The Economic Approach: Competition between Legal Systems Anthony Ogus 8. A General View of 'Legal Families' and of 'Mixing Systems' Esin Orucu 9. Beyond Europe Werner Menski III. New Territories for Comparative Law 10. Convergence of Private Law in Europe: Towards a New Ius Commune? Jan M Smits 11. Comparative Family Law: Moving with the Times? Masha Antokolskaia 12. Comparative Commercial Law: Rules or Context? Nicholas HD Foster 13. Administrative Law in a Comparative Perspective John Bell 14. Comparative Law in Constitutional Contexts Andrew Harding and Peter Leyland 15. Comparative Law for International Criminal Justice Paul Roberts 16. Judicial Comparativism and Human Rights Christopher McCrudden 17. Comparative Private Law in Practice: The Process of Law Reform Sjef Van Erp 18. Comparative Law in Practice: Courts and the Legislator Esin Orucu 19. A Project: Comparative Law in Action Esin Orucu Index
