Full Description
This textbook provides clear, reliable, and comprehensive insights into key topics in comparative law and legal history. As fundamental pillars of modern legal education, comparative law and legal history play a crucial role in shaping a new generation of legal scholars and practicing lawyers who appreciate the significance of legal diversity while recognizing the shared foundations of legal systems worldwide. By integrating these two disciplines, scholars and professionals can better understand the dominant features and developmental trajectories of various legal systems, fostering a broader, more culturally informed perspective on the law. This approach enables readers to develop the analytical skills and critical standards necessary to address the complexities of an increasingly interconnected and rapidly evolving legal landscape.
The book is divided into two main parts. Part I explores the foundational principles of comparative law, tracing its historical evolution and examining its relationship with other areas of legal study. It provides an extensive overview of legal comparatism from classical antiquity to the modern period, with particular attention paid to the contributions of eighteenth- and nineteenth-century thinkers who helped shape the field. Additionally, it assesses the role of comparative law in contemporary legal scholarship, lawmaking, and judicial decision-making, highlighting its methodological approaches and practical applications in both domestic and international contexts.
In turn, Part II examines the historical development and defining characteristics of major legal traditions. It begins with the Roman and civil law tradition, followed by an exploration of the English common law tradition, the Islamic legal tradition, and various indigenous legal traditions. Special attention is given to legal transplantation, including a case study on the Japanese legal tradition and its interactions with Chinese and Western legal influences.
By integrating comparative law and legal history, this book provides readers with the knowledge and analytical tools needed to navigate diverse legal traditions and systems, promoting a deeper understanding of historical legacies and contemporary legal challenges.
Contents
Charting the Domain of Comparative Law.- Legal Comparatism in Antiquity, the Middle Ages, and the Early Modern Era.- The Evolution of Modern Comparative Law: Early Milestones.- Uses of Comparative Law in Domestic and International Lawmaking and Adjudication.- Theoretical and Methodological Aspects of Comparative Law.- Taxonomies of Legal Systems in Comparative Law Scholarship.- From Rome to Modernity: The Rise of the Civil Law Tradition.- Navigating the Duality of Law and Equity in the English Common Law Tradition.- Continuity, Diversity, and Change in the Islamic Legal Tradition.- The Enduring Legacy of Indigenous: Legal Traditions.- Indigenous Legal Traditions and Legal Pluralism in Africa.- Legal Transplantation and the Evolution of the Japanese Legal Tradition.
