Full Description
The article provides an introduction to, and overview of, the discipline of comparative law as it stands in 2020, including the major debates and positions that define it. It explores the field's development, coverage in both geographic and subject matter terms, uses and goals, as well its approaches and methods. It addresses itself mainly to non-specialists who are looking for overall orientation or a brief introduction to specific areas or topics. It references the most important literature for readers who want to delve more deeply into particular subjects or issues.
Contents
I. Introduction and Overview
A. Comparative Law Defined
B. Four Dimensions of the Discipline - Describing, Comparing, Mapping, and Tracing Law
C. Three Pervasive Questions
List of Principal Works
II. The Relationship with Other Disciplines
A. Comparative Law and other "International" Subjects
B. Comparative Law and "Social Science" Approaches to Law
C. In Conclusion: Between Independence and Interdisciplinarity
List of Principal Works
III. The Development of the Discipline
A. Comparative Studies Before 1800
B. The Nineteenth-Century Foundations of Comparative Law
C. The First Half of the Twentieth Century
D. From World War II to the Fall of the Wall
E. The 1990s and Beyond
F. In Conclusion: Major Accomplishments and the Loss of A Clear Definition
List of Principal Works
IV. The Coverage of Comparative Law
A. Legal Systems of the World
B. Elements of Legal Systems
C. Areas of Law 109
D. In Conclusion: Proliferation and its Price
V. Goals And Uses of Comparative Law
A. Traditional Academic Goals
B. Traditional Practical Uses
C. Modern Additions
D. In Conclusion: The Strength and Downside of Goal Pluralism
List of Principal Works
VI. Orientations, Approaches, and Methods
A. Basic Orientations
B. General Approaches
C. Specific Methods
D. In Conclusion: A Mixed Methodological Record
List of Principal Works
VII. Twenty-First-Century Challenges
A. Adjusting to the "Age of Information"
B. Coming to Grips with Global Legal Pluralism
C. Acknowledging Political Implications and Responsibility
List of Principal Works
VIII. A Summary and Final Critique
